Gregg Jarrett: Steinle verdict is a miscarriage of justice

This is a rush transcript from "Hannity," December 1, 2017. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, FOX NEWS HOST: Welcome to the special edition of "Hannity." Liberalism failing America. I'm Kimberly Guilfoyle in tonight for Sean for the hour.

We'll review the leftist policies that have been failing Americans for decades. But first, we turned to Ed Henry in Washington for the very latest on former National Security advisor Michael Flynn pleading guilty today to lying to the FBI and the looming tax vote in the Senate. Ed?

ED HENRY, FOX NEWS CHIEF NATIONAL CORRESPONDENT: Kimberly, great to see you. This caught top White House officials very much by surprised. Mike Flynn guilty plea immediately sparked mainstream media speculation that it was very bad for President Trump but that is getting a bit ahead of the facts in what we know tonight. Let's stick with what we do know.

Retired General Flynn pled guilty to lying to the FBI. He could have faced many more criminal charges but he is only pleading to this so far because he is now agreeing to cooperate with a Special Counsel Robert Mueller indicating Flynn may testify against former colleagues in the White House. The campaign even and the Trump family possibly even the President himself. New court records show that four days after the inaugural, Flynn met with FBI agents and mislead them about his contact with the Russian Ambassador in December during the presidential transition.

Flynn said in a statement it has been extraordinary painful to endure months on what he calls false allegations of treason, people close to him say, he is broken financially and is worried about legal jeopardy for his son as well. That is why people close to the President are telling us tonight, they believe Flynn is disparate to say anything and may not have anything on the President or others. The President's personal Attorney Ty Cobb saying in a statement, quote, "Nothing about the guilty plea or the charge implicates anyone other than Mr. Flynn even as Democrats claim this is going to be a game changer."


REP. ADAM SCHIFF, D-CALIFORNIA: There is broad exposure of other people within the transition team and possibly within the administration. And so, I don't think we see in the end of this.

REP. PETER KING, R-NEW YORK: There is no evidence at all indicating that there is any connection between General Flynn and the President involving Russian collusion.


HENRY: And the Flynn plea deal ended up overshadowing what should be a triumphant day for the President. Sweet victory on what he's been calling a big, beautiful tax cut. He is delivering on it. Breaking late today, a key swing vote in Republican Bob Corker who is basically been feuding with the president announced he is no on the cut because he is concerned about debt piling up.

But in the end, his opposition is not going to matter much because other waivering Republicans, like John McCains and Susan Collins came on board. Giving Mitch McConnell a much needed victory after that colossal failure on repealing and replacing ObamaCare.

In fact, right now live on the Senate floor, we have seen Mitch McConnell emerge. He is walking around right now. They are still counting the votes. But McConnell has indicated that they have at least 50. Then Vice President Mike Pence would be the tie breaking vote to push forward on tax cuts and then it heads to a conference committee to work out differences with the House version of this bill.

But the bottom-line tonight Kimberly is, whether the vote happens tonight or there is a possibility it will slide into tomorrow a rare Saturday session for the Senate. Tax cuts in the United States Senate are moving forward. Something the President promised and is now delivering on -- Kimberly.

GUILFOYLE: All right. Ed, thank you so much. Great to see you.

HENRY: Good to see you.

GUILFOYLE: Also tonight, the Department of Justice has filed an arrest warrant for Jose Garcia the illegal immigrant who is being tried for the 2015 shooting death of Kate Steinle. Zarate who had been previously deported five times was accused of shooting Steinle with a stolen weapon. Then subsequently dumping the gun in the bay and fleeing the scene of the crime. According to U.S. immigration officials, the federal government plans to immediately deport Zarate as soon as he is released from custody.

This comes after a jury found Jose Garcia Zarate not guilty of murder involuntary manslaughter and assault with a deadly weapon. Zarate was only convicted of being a felon in possession of a firearm a charge that could result in time served. Following the verdict, President Trump issued a series of tweets.

Quote, "A disgraceful verdict in the Kate Steinle case. No wonder the people of our country are so angry with illegal immigration." The Kate Steinle killer came back and back, over the weekly protected Obama border. Always committing crimes and being violent and yet this info was not used in court. His exoneration is a complete travesty of justice. Build The Wall. The jury was not told the killer of Kate was a seven times felon. The Schumer, Pelosi, Democrats are so weak on crime that they will pay a big price in the 2018 and 2020 elections."

Just moments ago, on Tucker Carlson tonight, Attorney General Jeff Sessions also weighed in. Watch this.


JEFF SESSIONS, ATTORNEY GENERAL OF THE UNITED STATES: It is time for this country to get its head on straight. These cities should not be protecting criminal aliens. People come into the country unlawfully and then they commit another crime and then they hide that individual and don't let them as they did with -- may turn over to the ICE officers so they can be properly deported.

TUCKER CARLSON, FOX NEWS HOST: So, the killer and he is the killer is now being deported?

SESSIONS: That would be his ultimate fate. We are confident. And we are going to do everything possible to ensure that happens. Although there are some potential other charges that could be brought against him and before being deported and released, we think he should face every charge that is proper to be brought against him. And you can be sure our Department of Justice is working right now and to bring any charges that are appropriate.


GUILFOYLE: All right. Fantastic. All right. Joining us now is Fox News contributor Charlie Hurt, FOX News legal analyst Gregg Jarrett and Fox News contributor David Webb. Thank you so much for joining us tonight, gentlemen.


GUILFOYLE: Gregg, I'm going to begin with you. Earlier today, you wrote an op-ed for entitled, the Steinle verdict is only the latest miscarriage of justice in San Francisco, what do you mean by that?

GREGG JARRETT, FOX NEWS LEGAL ANALYST: If you look at the history of what juries have done in San Francisco, it goes all the way back to when I was a law student and two blocks away. As I was sitting in class, the mayor of San Francisco and the board of supervisor were gunned down by a guy by the name of Dan White.


JARRETT: His lawyers concocted the most preposterous defense I've ever heard of, the so-called Twinkie defense.


JARRETT: A diet of junk food lead him to be aggressive and violent. The jury swallowed it, hook line and sinker, and they acquitted him of murder. He was convicted of manslaughter, he only did five years and was set free. I mean, there has been a consistent pattern in San Francisco of liberal juries letting people go notwithstanding the law and the facts.

GUILFOYLE: Unbelievable. That case brings back, you know, just a frightening memories and work as a prosecutor in San Francisco, you can see the jury seen some unbelievable things. I did not even expect David that they would do what they did here with this case, Steinle verdict. It was really shocking.

DAVID WEBB, FOX NEWS CONTRIBUTOR: Well, sadly, I think you could have predicted this based on what Greg said.


WEBB: There is a history of this and it is also a problem in liberal policies and something that has turned our correction system from punitive into one that is based on excuses. It was your bad upbringing.


WEBB: It was the Twinkie defense. It was something else that caused you to do this. It was someone else that picked up the gun. It was someone else that did this. The fact is, they excused the behavior and look, my heart breaks for this family. A father and a daughter walking along taking a selfie to wind up dead because someone who should not have been in this country no matter what was on the street in a city that protected him.

These are not sanctuary cities. These are refuge cities. They are refuge cities. And we are in a budget time right now. And the one thing the Trump administration should do is tie conditions to the budgets to these cities, to the federal monies and if they don't comply by next Friday, the eighth when they have to get this through, they should make sure that they keep the money from them if they don't comply with federal law.

GUILFOYLE: Uh-hm. All right. Charles, so obviously the President very upset and you see some strong words with decisive specific action delineated by our Attorney General Jeff Sessions, this is such I think a miscarriage of justice and I think Sean Hannity was correct when he said last night the sanctuary cities, you know, they have blood on their hands.

HURT: Oh, absolutely. It is a total travesty of justice. And then to add insult to injury, we saw that lawyer for this thug, this bum come out afterwards and instantly try to politicize all of it and he talked about how Donald Trump needed to respect the jury decision because he is under investigation or some nonsense like that. It was just absolutely insulting. But if he wants to politicize it, okay, let's have a political fight about this.

And you know, that is what we had in the last election. And Donald Trump won. And the reason that he won is because this is not a 50/50, 55/45 issue. This is like an 80/20 issue. Americans are so sick and tired of this kind of crap out of Washington out of the federal government failing to do is most basic essential job that this is a great -- this is a great issue for Republicans if they want to -- and if Democrats want to defend sanctuary cities, defend people like this, defend lawless people from just pouring just over the border, committing acts like this and then getting protected, then fine, let's have that fight.

And you know what? Republicans will win in the next election and then Donald Trump will win reelection. I'm fine with that. Let's have that. Let us continue to have this political debate if they want to.

WEBB: You know, Kimberly, there is a point to be made here that I want Americans to pay very close attention to this. Liberals and liberal progressives are willing to sacrifice American lives for their political goals. Pay close attention to what they do, they sacrifice each other, they sacrifice American lives and their ideology is dangerous to everyone out there.

JARRETT: What is inexplicable is the Department of Justice, the feds never prosecute under the laws. Twenty one years ago Congress passed a law that said, it is illegal not to cooperate with ICE and yet, you have 300 sanctuary cities and counties, San Francisco included, who abuse that law. They ignored that law. And there is another law that says, if you harbor or shield somebody who is here illegally, that is a crime five years behind bars.

And if somebody dies like Kate Steinle as a result of what the city and county did in San Francisco, it is life behind bars. The sheriff who let that man walk out of the jail and killed Kate Steinle should have been prosecuted and should be doing life behind bars but the Feds won't touch it. Jeff Sessions needs to get off his duff.

GUILFOYLE: Okay. Well, let's see. Definitely a call for Jeff Sessions to do something about this and also obviously would be in keeping to let the president wants to do.

Greg, I am going to double back with you. Because California Governor Jerry Brown, recently signed a bill designating Kanya Mumbin (ph), remember, California a sanctuary state.


GUILFOYLE: Talk to us about that.

JARRETT: Well, oddly enough, as restrictive and abusive and illegal as that is because under the supremacy cause.


JARRETT: Federal government has the final say and province over matters of immigration. Jerry Brown is thumbing his nose at the law. But San Francisco is even more restrictive than the state sanctuary policy. And both ought to be prosecuted by the Feds.

GUILFOYLE: You know, there is a serious and significant, you know, loss of life and you hear the stories in the news and you meet the mothers and the fathers and the family members who has suffered at the hands of crimes committed by illegal immigrants who come into this country revolving door, you know, exhibiting recidivism, repeated crimes, career criminals and yet it seems like nothing is done about it, David.

WEBB: No. No nothing is done about it and I want to add another context to this liberal policy of open boarders not doing anything about immigration. They are in effect created an underclass in America. When you look at the numbers put out there of illegal aliens and they are illegal aliens under 18 U.S. code not undocumented immigrants and you look at the education levels.

When they come in with low education levels or no education levels, don't even meet high school graduation at a minimum in America, that means that we are creating a segment of this society that is incapable of participating in this society effectively. We are importing poverty no matter where they come. Whether it's El Salvador, Estonia, Eastern Europe, Asia or wherever. We are importing poverty and that is an economically enviable way to go through and have a society be successful.

These liberal policies will bring this country down and when we become the country that no one wants to come to because of these policies, where did their liberal ideologies go?

GUILFOYLE: Well, you know, Charles, is he going to take that long? You know, you talk about the elections coming up and that that liberals and the Democrats are going to pay for these policies that ultimately can result in loss of life like we saw with Kate Steinle gunned down. But there is a reckoning coming in 2018 and in 2020.

HURT: I think there is. But also, you know, let's remember how all of this insanity began in the first place. It began because the Democrats could not win any fights based on the, you know, the ideas that they were trying to propose. All of their issues they could not win all of them. And so, the only way to do it was to not change their ideas but to change the electorate. And that's why they went to this open border policy and this idea of bringing in all of the, as David says, all of these impoverished people that don't necessarily have any skills or anything.

Just throw the borders open and basically treat them as indentured voters so that they could win high office again. And that's what they have done. And I am sad to say, it worked brilliantly. They've succeeded beyond I'm sure their wildest imaginations and they made up the differences for Barack Obama both times and probably made the difference in both of Bill Clinton's elections. And you know, it is really sinister but it's true. And not until Americans take back their country and -- fix all of these problems will, you know, will this mess subside.

JARRETT: And yet the people of San Francisco, Kimberly --


JARRETT: -- seem to go along with all of this. We saw that last night with the jury. I mean, this was a clear case of felony murder. California law says, you know this.


JARRETT: California lawyer, if you fire a weapon into an area where people are and somebody dies, that is felony murder. At the very least it was manslaughter, which is the reckless handling of a gun even if you buy his argument that it was -- that is manslaughter.

GUILFOYLE: It's outrageous because it was obviously a total disregard for a human life behaving in this way, acting with essentially an implied malice --


GUILFOYLE: Yes. But I saw this, the San Francisco jury sadly and I prosecute the case, in the San Francisco and Los Angeles, and it is unbelievable because you can sit there and charge the jury and read the jury instructions and they have a whole different political bent in terms of how they want to see things come out and they are thinking more about outcome than following the law.

JARRETT: If you want to commit a heinous crime as I said in my columns, San Francisco is the place for you.


JARRETT: You will get away with it.

HURT: My question to you is this, what would that jury have done if the roles had been flipped and it was a legal American --

GUILFOYLE: Oh, can you imagine?

HURT: -- who shot and killed an illegal and then this kind of verdict came out. I think people would --

WEBB: There would be fires on embarcadero.

GUILFOYLE: Right. Fisherman's war.

WEBB: Fisherman's wharf would be in flames right now. But this is the hypocrisy of liberal ideology. It ignores facts. It ignores the rule of law. It ignores the realities of life. And again, they are willing to sacrifice anything to achieve their goal. That is contrary to what we do in America.

GUILFOYLE: Yes. And Greg, real quick, and that's why so many people have asked, you know, can President Trump actually force sanctuary cities to comply with federal law.

JARRETT: He can. You know, he can do it with sort of carrot and stick. I mean, he can --

GUILFOYLE: Heavy with the stick.

JARRETT: He can take where the stick would be prosecute these people like the sheriff.


JARRETT: But the carrot is really, just take the money away from her. There is only one way you can get through the politicians and take their federal government funds away from them and he has the authority under federal law, Department of Justice has issued an opinion on this and says, you can withhold money, they need to start doing it aggressively.

WEBB: And they have one week until next week. We have this shutdown showdown battle that is underway. Well, Congress has a responsibility here. They can tie this, they can work with the administration. By next Friday, these could put in place. The restrictions can be there. Take their money. It is the only place other than their votes that they care about.

GUILFOYLE: Yes. You got to lift the funds, lift the wall, and then they will pay attention and hopefully comply. Gentlemen, thank you so much.

WEBB: Good to see you.

GUILFOYLE: And coming up. Last night, Sean blames sanctuary cities for the death of Kate Steinle. Was he right?

Also, we'll be joined by two mothers whose children have been killed by illegal immigrants and we're going to get their reaction to last night's painful verdict as the special edition of "Hannity" continues.


GUILFOYLE: This is a Fox News alert, we are closely monitoring the Senate floor as the tax reform vote is looming. Now Vice President Mike Pence is headed to Capitol Hill to oversee the vote and we're going to bring you more information as we have it. On last night's program, sounded off on sanctuary cities. Watch this.


SEAN HANNITY, FOX NEWS HOST: Kate Steinle killed back in the July of 2015. Walking arm and arm with her father on a pier in San Francisco shot and killed by an illegal immigrant Jose Garcia Zarate. This man had seven prior felony convictions, four involving narcotics. This was his facing of a sixth deportation at the time he shot and killed this innocent woman. Sanctuary cities tonight. Those that support them. They are to blame for the death of Kate Steinle.


GUILFOYLE: Joining us now are two mothers who sons have been killed at the hands of illegals. Here with us is Mary Ann Mendoza. Her son, Police Sergeant Brandon Mendoza was killed during a head on collision with an illegal immigrant who was recklessly driving on the wrong side of the road back in 2014. And also with us, Agnes Gibboney, her son Ronald da Silva was shot and killed by an illegal gang member while he was standing in a driveway back in 2002.

Mary Ann, as a mother, I feel for you for the loss of life, a sense of loss of life and I know this is very difficult, we do appreciate you being here with us tonight. And Mary Ann, I want to start with you, with your reaction to this stunning verdict. How do you think Kate's parents are coping with this right now?

MARY ANN MENDOZA, SON WAS KILLED BY AN ILLEGAL IMMIGRANT: I can't imagine the heartbreak and the failure that they are feeling that this justice system in the United States has dealt them. And you know these crimes started our border. Look at Brian Terry, the border patrol agent who was killed and countless other border patrol agents who were killed. It spreads throughout our country and it is happening to hundreds of thousands of Americans.

This is not just as awful as it is, it is not just about Kate Steinle. Your neighbors and your family and your friends are being affected by illegal alien crime in this country. And we have started as much as liberals don't like to hear this. We've started advocates for the victims of illegal alien crime which is Aviac.US (ph) to bring awareness to the American people. And I am challenging Mitch McConnell to bring Kate's law and those sanctuary for criminal's act to the Senate floor and get those two things passed prior to any discussions about DACA. Because both of those bills deal with illegal alien felons over 500,000 of them in our country awaiting deportation. This insanity has got to stop.

GUILFOYLE: It is really true. And I can agree with you so much. You know, being a former prosecutor and working in San Francisco and the Los Angeles District Attorney's office in California having such a large population of illegal immigrants that come in and reoffend. Agnes, do you agree with Sean? Do you think that sanctuary cities killed Kate Steinle.



GIBBONEY: And, oh, I'm sorry.

GUILFOYLE: Go ahead, Agnes.

GIBBONEY: Yes, I do. It is a direct result of our inept government, the corrupt government, the liberals in the state of California that allowed this to happen. They sent a very clear message yesterday, the governor of California Jerry Brown. The judicial system, the mayors and the Sheriff's Department that they are going to be protecting the criminals and not us, American citizens. It's a disgrace.

GUILFOYLE: The problem here that we see Mary Ann is when you see that, you know, repeated deportations like in the case of Zarate who murdered Kate Steinle coming in and out, back and forth a revolving door and a system that is broken, that allows this person to come in and reoffend and kill.

MENDOZA: That is not the only person. And this is what the American people need to understand. There are offenders that are coming over our border, 20 and 25 times, 18 times coming back over, raping innocent children. There is a rape epidemic going on in South Carolina. There are so many crimes that are committed by people who are deported and walk right back over our border. And Americans are kidding themselves if they don't think that we need a wall and we need a secure border in our country, it is the only way that it's going to stop this repeat offense.

GUILFOYLE: Agnes, why do you think -- why should law abiding Americans tolerate any kind of crime from illegal immigrants? And that is basically what the President of the United States is saying, why should we tolerate it? Why should the taxpayers? Why should the mothers and fathers and sisters and brothers who have suffered unspeakable loss tolerate this type of behavior?

GIBBONEY: We shouldn't. American citizens should (audio gap) calling to congressmen in demanding this nonsense to stop. How many lives is one too many. How many lives more are we going to lose? What message do San Francisco sent to the rest of the country that you can come to California, you can kill and you walk free. This is insanity. This needs to stop. I was heartbroken and furious with the system. I'm a legal immigrant myself, we follow the law. And for the first time, I was disappointed with my country.

GUILFOYLE: Oh my goodness! As you can only imagine, right? I mean, you are both so brave, such wonderful, beautiful women to come here and to share this with the people out there. The real life, the suffering and disappointment that you have, you know, in your hearts, you can only imagine when you go to bed at night. How much you must, you know, miss your boys.

Mary Ann and Agnes, thank you so much for being here with us tonight.

GIBBONEY: Thank you very much.

MENDOZA: Thank you for having me.

GUILFOYLE: And joining us now with more reaction to the shocking verdict in the murder trial of Kate Steinle, is America First Action spokesman and senior advisor, former Milwaukee County Sheriff David Clarke. Always a pleasure to have you with us.

And you must be just so disappointed with what happened here in San Francisco. I know I'm disappointed and disgusted having been a prosecutor and First Lady of that city to see this kind of outrageous miscarriage of justice. Will anything happen to change what this verdict that happened in the debate in this country on sanctuary cities?

DAVID CLARKE, AMERICA FIRST ACTION SPOKESMAN AND SENIOR ADVISOR: Not likely. Not as long as Congress continues to kick the can down the road on illegal immigration and immigration reform in this country. Look, both sides have been using this thing as a political football, looking for political leverage. There is basically no will on the United States Congress, to fix our broken immigration system. The only elected official in Washington, D.C. who understands that this is a crisis and as a sense of urgency about it, is President Donald Trump who campaigned on it.

Look, this whole thing is ass backwards. You know, as I sat there, I listened to the mother, Kate Steinle's family still can find no peace.

GUILFOYLE: No peace.

CLARKE: And now, I hear that ISIS is going to deport this guy. It is too late. Here is what my problem is with them deporting the guy now. I like Jeff Session's idea. Charged them federally, maybe rack up 10, 15, 20 years where he can sit on prison because if they deport him right now, he will be right back in the country because our border is not sealed.

GUILFOYLE: Of course.

CLARKE: For heaven's sake, seal the damn border.

GUILFOYLE: Yes. Seal the border. Build the wall. Follow the law. These are the problems that we are having in California is really just a pitiful example of how bad this problem has gotten. You know, we were speaking earlier in the program about elections coming up. We heard from Jeff Sessions early on Tucker's program. Sean saying sanctuary cities are blame for the death of Kate Steinle. But now we have a president with the will and wherewithal. I'm sure you had a conversation with him, Sheriff about this issue.

CLARKE: Precisely. And push is going to have to come to shove for the United States Department of Justice. Look, there are federal laws that are being violated by sanctuary cities. Catch and release policies. And the Justice Department is going to have to develop the teeth, put some teeth into their rhetoric and charge these officials, charge these mayors, charge these law enforcement officials that are going to defy federal law, sanctuary cities, they are illegal, we know it.

And all we see is the back and forth, the threatening of pulling funding and then you get some activist judge who gets in the way and he delays that and says that they cannot do it because Congress has already approved the funding but they did not do that when President Obama threatened to pull funding from schools, from not having, allowing men to use women's bathrooms.

GUILFOYLE: My goodness.

CLARKE: So, at some point, the Justice Department Jeff Sessions is going to have to charge one of these individuals. Forget about the funding stuff. All right?


CLARKE: Charge one of them criminally. One of these statutes could end up in a person upon conviction serving 10 years in a federal prison. Some public official is going to have to be charged and prosecuted to get the attention of anybody and everybody else. But until then the Congress as I said, they do not have the will, Kimberly.


CLARKE: They do not have the will to fix this broken immigration system because both sides are using it for political leverage.

GUILFOYLE: You are right. You know concurs and feels the same way as an attorney that the law is there. Somebody will need to be prosecuted and held accountable to actually stop the flow of blood coming from the criminal what's come in, deported, come back in again and commit more crimes and no one seems to matter, it is almost like you got to give the people an apology we are sorry we have to prosecute you or we can't let you come back in and forth to commit more crimes against innocent, law abiding people. You look at the picture of what happen here and you see this guy. Really honestly I can't believe that San Francisco did this. As bad as the things they have done in the past, how did this guy a felon in possession of a gun not be convicted of anything? I mean it is unbelievable.

CLARKE: The thing that is most disgusting to me the illegal alien had more rights than Kate Steinle and her family.

GUILFOYLE: Yes. He is going to credit for time served or something.

CLARKE: That chaps my rear end. Illegal alien has more rights than a United States citizen. Congress, all they do is pay lip service. There is funding for the wall that is tied up in hide it in other bills and Chuck Schumer comes along and threatens to shut down the government if that is included in the bill and the GOP backs off. Look, it is high time in this country the American people have spoken, they spoke last November and they continue to speak they want this immigration, illegal immigration crisis fixed. They want it solved. We are a sovereign nation if you will be sovereign nation, you have you to have borders and protect those boarders. That is what we expect our federal officials to do.

GUILFOYLE: Is that the bear minimum we can do in terms of basic decency, a basic expectation of public safety that we can protect people. An innocent girl and her father walking down the street to not be slaughtered.

CLARKE: You know you've seen some of the victims there, some law enforcement officers killed by people illegally in the country. Other citizens victims as well. When the United States federal government cannot protect its citizens from an illegal invasion. They are allowing people to come in the country illegally and set up residency and when they kick them out they come back. They kick them out and they come back over. This is a cat and mouse game by this illegal aliens, they know it. They know there is little that will happen to them especially if they hideout in a sanctuary city where they are provided a safe haven.

GUILFOYLE: Unbelievable. It is really outrageous and seems to be getting worse I have faith the President will do something about it and waiting on Jeff Sessions to do it as well. Sheriff Clarke, thank you very much.

CLARKE: My pleasure

GUILFOYLE: And we have more on the special edition of Hannity. Up next. We will tell you where things stand with the accused sexual harasser, Senator Al Franken and congressman John Conyers and whether they will resign or not. Stay with us.


GUILFOYLE: Welcome back to the special edition of Hannity. We are looking live at the Senate floor right now. As we await the final vote on the tax reform bill. We got word from Vice President Mike Pence will head to the Capital to preside over the vote. I want to bring you updates as they happen. First the Democratic Party claims it is the Party of women and minorities. Giving a numerous sexual harassment allegation against both Senator Al Franken and Congressman John Conyers is that true. Senator Franken apologized for his inappropriate behavior, but Congressman Conyers remains adamant that he is innocent. Earlier today John Conyers attorney addressed whether he has plans to resign, take a listen.


UNIDENTIFIED MALE: He will condition to defend himself until the (inaudible) come home. We feel will discuss in the next day or so, what Mr. Conyers plans to do, as you know, his health is not the best. And it will be Congressman John Conyers who will be the one to decide what it is he is going to do in terms of, whether he will continue to represent the people, it is not going to be Washington.


GUILFOYLE: And joining us now with reaction, Salem Radio National Syndicate Host Larry Elder, Fox News Contributor and former Clinton pollster Doug Schoen and Fox News contributor Deneen Borelli. What a panel we had indeed. All right. So Doug, they are calling for Conyers to resign do you think he should step down. You heard his attorney saying, he is an elderly. Having health problems, hospitalized for stress related issue. And you recall -- harken back to Nancy Pelosi saying that he is iconic and a champion for women and minorities where do we stand now?

DOUG SCHOEN, FOX NEWS CONTRIBUTOR: I think every Democrats, certainly this Democrat hopes that he takes the path of least resistance for himself and the party and does resign. Look, this is a no win situation, because his credibility has impaired and had to give up his chairmanship. And it is best for the party that he goes and I would say Al Franken he should go too. The Democrats have a great opportunity in 2018. The polls show a double digit lead in the generic vote. The only way to realize the full benefit of that is to get rid of the distractions and given what has happened or what has been alleged. I think the party would be best to move on without representative Conyers and Senator Franken.

GUILFOYLE: OK. So there you have the crux of the problem, which is the individual versus what is the best interest of the Party. Deneen, how do you see this? We saw a woman coming out that is herself iconic in the Democratic Party. Nancy Pelosi making a strong statement in support of John Conyers and also the Congressional black caucus. People coming out to support him, definitely somebody with tremendous amount of public service, but during that time also significant issues and problems and settlements.

DENEEN BORELLI, FOX NEWS CONTRIBUTOR: Sure, listen, the Democratic Party has exposed themselves with the identity politics it is all fraud. And look at the words versus the actions. Lian Sweeden had an actual photo of being groped while she was asleep. John Conyers has this settlement that is out there. There is also another woman that has come forward, we will find out more about that. Bill Clinton had his own evidence that came out about his misdoings. It is all a big fraud and a big front. It is about vote when it comes to identity politics. They play the race card and child card the woman card anything to get votes and anything for power.

GUILFOYLE: That is the criticism. Larry, look this is a Party of hypocrisy. They claim to hold this banner high above their heads, looking down with distain at others who are not so perfect in the way they conduct themselves. Yet, look at it now. Look what is happening.

LARRY ELDER, SALEM RADIO NATIONAL SYSNDICATE HOST: That is right. In the case of John Conyers I'm not a good person to ask if he should resign. Because the 47 years in my opinion he has been completely useless, this is a man whose area is Detroit. Poverty has gone up. You find the proliferation of children born without fathers in the home, 25 percent of kid were born outside of wedlock 50 years ago when Conyers first came to Congress and now 73 black kid are born outside of wedlock. They don't want vouchers, they want to jack up the minimum wage, it hurts minority woman working part time often on minimum wage, and they don't even want to think about privatizing social security which a study has shown would benefit black, because they die earlier. All the policies hurt black people under Obama for eight years, the black poverty rate got worst. The wealth gap between the average white household and black household widened. The labor force participation rate for black men got worse. Policies have not worked and they hurt the very people they claim they care about women and minorities.

GUILFOYLE: What do you say to this Deneen? This is the problem. They really have campaign profited in terms of fundraising. Getting money from women and minority groups this is the Party that they represents best that we feel protected by, that hears our voice. And yet, now look at this, this has been an abysmal failure and Doug is saying, if the Party is to continue to prosper and go forward and actually to try and take advantage of opportunity coming up, they may have to say you got to go.

BORELLI: Well, Larry Elder makes a great point. Look at the urban communities run by Democrat politician that had been in shambles for many years, failing public schools. High crime rates in Chicago for example. Voters need to lock how their communities have not progressed. How their communities have not turned around for many years. John Conyers is a perfect example. Has been in office way too long and done nothing really for his community to really turn it around.

How do you see it?

SCHOEN: I see it differently. This next election will be a referendum on the Trump administration and failure to get a lot done even if we get the tax bill. It is an unpopular tax bill there is control of the House and Senate, both at stake. These issues are a distraction and a serious one to the parties. I was saying before as you accurately summarized. And I want the Democrats to win as a centrist Party that is inclusive to do that, they need people like Conyers and people like Al Franken to go and we need to develop a set of policies that represent all the people not just a liberal ideological block.

GUILFOYLE: All right. What is the idea going forward then? Deneen? What do Republican do to point this out, to maybe try to capitalize this vulnerability coming forward.

BORELLI: They need to get out and talk about pro-growth initiatives and talk about school choice. Talk about lower taxes, less regulations. This will help turn the economy around, turn the country around and create jobs and that is what they need to do it get the message out it is not black, white, male, female whatever this is an American issue for folks to understand what this policies do.

GUILFOYLE: Absolutely and expecting and demanding results. Larry?

ELDER: We were talking earlier on your segment about illegal immigration. Democrats don't want to do anything about that. GUILFOYLE: yes. Nothing.

ELDER: One of the leading economist George Warsaw of Harvard probably done more work on the impact of legal and illegal immigration than maybe anybody else. There is no question that the proliferation of unskilled illegal aliens pose a competition for work for inner city people and puts down with pressure on their wages. And Democrats don't want to do anything at all about this even though it is hurting.

SCHOEN: On immigration and tightening the boarder, Larry

GUILFOYLE: We found one. There is a needle in the haystack. All right.

ELDER: Doug is always has been reasonable. I wish more people in your party felt the way you do, honestly.

GUILFOYLE: The reasonable man standard. Exactly. Remember that. Thank you so much, Deneen, Doug and Larry, always a pleasure, next we are going to have the very latest on what is happening with the Senate's historic tax bill as the special edition of Hannity continues.


GUILFOYLE: Welcome back to the special edition of Hannity. We are looking live at the Senate floor where a series of votes is about to begin and will pave way for a final vote on the GOP tax reform bill. A key part of President Trump agenda. Joining us now with reaction Republican strategist Noelle Nikpour, Fox News contributor guy Benson and Turning Point USA founder Charlie Kirk. Everybody thank you so much for being with us tonight so an exciting night for Republicans working hard on this to get this vote passed. If so, what's next? Go with you, Charlie?

CHARLIE KIRK, TURNING POINT USA FOUNDER: It is quite significant actually, I do want to say there has been so much media uproar about what senators are voting and what Senators are not voting, to take a step back and to realize the significance of what is about to happen here. This is the largest tax cut in nearly 40 years. Since really President Reagan argued for it in the early 1980s. We are going to see a doubling in the standard of deduction. Trillions of repatriation of foreign capital back to this country come and you are going to see total reconstruction in simplification of the tax code. I think they are going to get it done tonight, they have many surprises from some Senators from Arizona. This will break the ties so huge, huge win is very strong.

GUILFOYLE: I think we are on pence alert. Waiting to see what will happen here. So Guy what are you making of the tax bill here and do you think that, you know, it is looking auspicious for this to go through.

GUY BENSON, TOWNHALL.COM: I just got off the phone before we came on the air with a senior source among Senate Republicans they are feeling very confident tonight. 51 votes they say are locked down. The vice President is on his way to the Senate right now to preside over a significant vote. They don't believe he is going to have to cast a tie breaking vote. Every Democrat will vote no and every Republican will vote, yes. Except for Bob Corker who says that he cannot vote on this bill. As to you first question, look, this is going to be despite so much of the misinformation and rhetoric out there on the left this is going to be a tax cut for the vast majority of American people, including the majority of middle class Americans. If you take the standard deduction which is 70 percent of you right now, you are getting a win under this bill. The other point too Kimberly, our corporate tax rate is uncompetitive internationally. It is the highest in the developed world our effective rate is near the highest in the develop world. We cannot compete ion that level, it is inefficient at the least. That is coming down. In a significant way. There are many attributes for this bill that will help a lot of people grow the economy, grow jobs and yet we hear from the left, it is a tax increase on the middle class. That is a lie.

GUILFOYLE: OK. How do you like it, how do you see it in terms of people you are out there talking to, because you know some people have mixed emotion about it. And -- in terms of the benefits of it certainly is keeping with campaign promises of President Trump, the repatriation, et cetera, but corporate attack implication and as guy said across the board the majority of Americans will be able to feel some relief, some benefit from this.

NOELLE NIKPOUR, REPUBLICAN STRATEGIST: Kimberly another thing is really going to help is the 2018 the midterm elections. I have been very worried about this as a national fundraiser for elections that are coming up that if we did not get anything passed, we would see trouble in the polls in the upcoming elections in the midterms. This will be really good for energizing the Republican Party and for President Trump. I actually look for President Trump's approval rating to go higher because of this. He could check this box off for one of his fulfilled promises. This will be good on so many levels for the market. For fundraising within the Republican Party and the people that voted for Trump that wanted good policies like this, they are going to get their promise and it going to be good for the American people. We will have a great economy.

GUILFOYLE: You know you would think, Charlie, the Democrats and liberals if they were being honest they will be happy about this, it is not just giving tax benefits to the rich it is actually the everyday, hardworking men and women across this country like the president promise that he would not leave behind or be forgotten anymore.

KIRK: That is exactly right. You look at the lies of the leftists are putting against this. I think it is bad politics. You will have people filing taxes in February and March and say my deduction goes up to 20 thousand dollar a year, this phenomenal. Wait a second, I could write off this deductions, this is great. This business down the street is now hiring all the workers this is great. They will look at taxes and say, last year I was writing off 12,000 now I can write off 20 thousand dollar on my tax. It is going to be an explosion of economic growth. Kudos to President Trump. He did that deal with Pelosi back in September. It opened update budget process for this to happen and now Americans go to the Christmas season knowing they will have thousands of dollars in their pocket and businesses will have trillions of total capital to create more jobs in this country, huge win for make America great agenda.

GUILFOYLE: I'm a believer. Listen to Charlie. He is all in. Deal me in.


BENSON: I think there are you asked about other concerns, look, there will be deficits that will go up, because of this bill. I think it is exaggerated how much that will be the case, but conservatives outa care about the national debt. It is necessary. Also there are some Americans a small percentage of Americans, mostly richer people in blue, high tax states, who will get a tax increase under this bill. We should not make it up and not tell the truth about that. They said everyone will win under ObamaCare. That turned out to be false. It worth acknowledging there are a tiny fraction of Americans comparably who will be losers of the bill but the overwhelming vast majority of the middle class are winners.

GUILFOYLE: Give me your best 20 seconds?

NIKPOUR: You know what I think this is foreshadowing of good things to come, if we got together and push together and get tax reform, I think you will see more things being passed and I think Trump is on his way to make America great again.

GUILFOYLE: All right. Fantastic. Our panel likes it. Thank you very much Noelle and Guy and Charlie, what a pleasure to have this Friday evening. Coming up. More of the special edition of Hannity right after the break. Stay with us.


GUILFOYLE: Welcome back to this special edition of "Hannity." Unfortunately that is all the time we have left this evening together. Make sure to stay with the Fox News channel for continuing coverage of the all-important tax vote. And, as always, thank you for being with us. You can always catch me on the five each weekday at 5:00 p.m. Eastern. Be sure to follow me on at Kimberly Guilfoyle. Sean Hannity will be back on Monday. We hope you have a wonderful and bless weekend. Laura Ingraham is up next. Stay with her.


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