This is a rush transcript from "The Ingraham Angle," January 3, 2019. This copy may not be in its final form and may be updated.

JASON CHAFFETZ, HOST: Thank you. As he said, I'm Jason Chaffetz in for Laura Ingraham, and this is “The Ingraham Angle” from Washington tonight.

Nancy Pelosi has taken back the Speaker's gavel in his promising transparency. But we're going to expose what's not true about that in just moments. Plus, Democrats not wasting any time in filing articles of impeachment against President Trump. We'll talk exclusively with the Ranking Member of the House Judiciary Committee who will be at the epicenter of this fight.

And President Trump making a surprise visit to the White House briefing room today. One of the border patrol agents who shared the podium with him joins us later in the show. Also, the generation that brought you avocado toast is now finding Seinfeld problematic. Is nothing safe? All that coming up, but first--


UNIDENTIFIED MALE: To the Speaker of the House, Nancy Pelosi, I extend to you this gavel. Thank you--



CHAFFETZ: And with that, the power has officially shifted in Washington, D.C. Nancy Pelosi and the Democrats are back in control of the House. But this time, Speaker Pelosi promises, promises to be as transparent as possible.


NANCY PELOSI, D-CALIF., SPEAKER OF THE HOUSE OF REPRESENTATIVES: I pledge that this Congress will be transparent, bipartisan, and unifying, that we'll seek to reach across the aisle in this chamber and across divisions across our nation.


CHAFFETZ: Well, excuse me if I have some trouble believing that statement. Considering just last month, Nancy Pelosi said this during the infamous Oval Office meeting with President Trump.


PELOSI: So I don't think we should have a debate--


PELOSI: --in front of the press on this.

TRUMP: Yeah.

PELOSI: Yeah. Again, let us have our conversation--

TRUMP: That's right.

PELOSI: --and then we can meet with the press again.


CHAFFETZ: She didn't want openness and transparency. She wanted to go behind closed doors.

And let's not forget, she is the same woman who said in this March of 2010 during the height of the Obamacare debate - you remember what she said?


PELOSI: But we have to pass the bill so that you can find out what is in it away from the fog of the controversy.


CHAFFETZ: Yeah. Yeah. Transparency.

Joining me now, the new Ranking Member of the House Judiciary Committee, Doug Collins of Georgia.

Congressman, thank you for joining us. Congratulations on this new post and new assignment as the Ranking Member of House Judiciary. You've got a lot in your plate. But you're fresh off the floor. You literally just had votes, including a vote that the Democrats put up, correct, to deal with Homeland Security but not the border wall. What happened?

REP. DOUG COLLINS, R-GA.: They did what they said they were going to do. They did a (inaudible) where they - they know that the President won't sign it, they know the Senate is not going to take it up. They put out a vote out there. Basically it did not deal with what we need to deal with on the border, and that is, taking care of a border wall, taking care of our security.

The question I have for all the Democrats right now, especially for the people who voted for some of these new members who came in today, swearing to the things they weren't going to do, like vote for Nancy Pelosi.

My question to all of them now is, why are you putting the value of those who are at our border trying to overrun our border agents on the weekends during - in San Diego, why are you putting their rights ahead of American's rights? Why are you putting the lives of Americans at risk such as that brave officer in California who was killed by somebody who is here illegally and protected through - just show sanctuary city laws, which actually have now cost lives again?

My question to the Democrats today is, putting this bill up, knowing it won't get signed, knowing the Senate won't take it up and knowing it doesn't put border security at the front and foremost - the President is right, we have to protect our borders and fix our broken immigration system.

CHAFFETZ: No, it's right. The Democrats cannot define what border security is, and this doesn't have any money for the things that they say they're for, but they really can't articulate.

The other thing that it really affects people in the south who went through is this disaster funding. What happened? The Republicans had passed out a bill with disaster funding, but this bill didn't have any? Did it?

COLLINS: It didn't. And that's something, Jason, that is amazing to me is they - again, this is about show. This is about putting on a show for the American people, saying we will tell you what we think you want you to hear, but we're going to do something completely different. In other words, listen to us, but don't watch us.

And right now, there is a disaster going on of aid in Georgia and Florida and many other places. We're talking generational issues and farmers down there with trees and pecans and others that take more than just a season to grow back. And there's nothing in these spending packages to deal with this disaster relief. If the--


COLLINS: --Democrats are serious about this, you will see real action instead of this pretend action we're seeing.

CHAFFETZ: Yeah. If you lived out of these areas and you're affected by these disasters, you need to know that the very first vote that the Democrats took said put zero money to fix those problems. It also got rid of PAYGO. There were debt - there's no more voting on the debt limit. That's not openness and transparency. And the ability to vacate the Speaker, that's gone.

Congressman, there's a lot we've got to get to. Standby for a second because moments after the Democrats took control of the House today, Congressman Brad Sherman reintroduced articles of impeachment against the President, claiming specifically the charge of obstruction of justice.

Leland Vittert joins me now with the story. Leland.

LELAND VITTERT, CORRESPONDENT: Hi, Jason. The first time Brad Sherman, the gentleman from California, introduced these articles of impeachment, it didn't go anywhere. But with the new Congress, all bills from last session expired, undeterred, he tried again, tweeting, "Today, I reintroduced Articles of #Impeachment against @realDonaldTrump with @RepAlGreen. I have not changed the text from the articles I introduced back in July 2017."

Let's take a look at the rule book. Article I, Section 2, "The House of Representatives shall have the sole Power of Impeachment." It requires a simple majority. Article I, Section 3, "the Senate shall have the sole Power to try all Impeachments. And no person shall be convicted without concurrence of two-thirds of the members present."

According to an op-ed that Sherman wrote back in 2017, he thinks the easiest provable crime is obstruction. Here's what he said. "We have the sworn testimony of a credible and percipient witness and Trump's own words on videotape, Lester Holt, and audiotape, The New York Times. It is time now for the House Judiciary Committee to begin hearings on impeachment."

Well, Democrats right now control the House, but it appears Mr. Sherman's dreams of hearings are perhaps, in a word, premature.


UNIDENTIFIED FEMALE: Many Democrats are talking about impeachment. You've said it would be sad and divisive for the country to pursue impeachment. Are you willing to rule it out?

PELOSI: Well, we have to wait and see what happens with the Mueller report. We shouldn't be impeaching for a political reason. And we shouldn't avoid impeachment for a political reason. So we'll just have to see how it comes.


VITTERT: All right. If that was a bipartisan olive branch for the new Speaker, it was a very short one. She said, indicting a sitting President, Jason, is an open discussion in terms of law. Obviously, there's a lot of people who disagree with that.

CHAFFETZ: Well, thanks, Leland.

I want to bring back in Congressman Collins. Again, he's the new Ranking Member of the House Judiciary Committee. He'll be right in the midst of all of these fights.

Congressman, no doubt that Brad Sherman would like to impeach the President. But what are you and the Republicans going to do about it?

COLLINS: Well, we're going to fight back. This is ridiculous. I mean, they have been trying to impeach this President from almost day one. If they could have filed articles of impeachment in November of '16 after he won the election, they would have done it then. They've given no opportunity to this President. They've taken him at every turn to say we are going to disagree, going to find everything wrong. They've even introduced all of those impeachment based on things that he said that are actually words of Democrat's mouth, that were mean to people.

Donald Trump has brought and done what he said he was going to do. He's brought America jobs, he's taken the right way to regulations, he's filed to keep our border safe, he's made to keep our standing across the world strong again. What they don't like is someone who succeeds. They don't like a President who actually does what he says he's going to do. All Brad Sherman did today was run to the front, file his bill so he could get the text and the tweet and the news release saying, I'm the first in this Congress to try and impeach Donald Trump.

How about we actually look at what's actually going on and follow the rule of law? Why don't we actually do what even his Speaker said, is find out if anything is actually there? Instead of saying, "Oh, I've got the solution," "no, let's get over the photo ops," let's let the President be the President.

And by the way, Brad Sherman, why don't we work in San Diego in your own State of California about what's going on at the border and let's fix that?

CHAFFETZ: Yeah. No kidding. These - you don't hear these Democrats out there tweeting about police officers who get gunned down by people who are here illegally. You don't see them doing that. How are you going to deal with all this craziness? Because it's going to be almost a daily drumbeat coming before the House Judiciary Committee.

COLLINS: Well, what we've said before is, I've had a chance to talk to the Chairman about this. I said, "Chairman, you find places where we can work together, we're going to work together." I said, "But if you go off on these tangents, if we continue down a path and you bring a committee that simply wants to chase rabbits after this President and continue to overstep its bounds, then we're going to have a fight and it's going to be a fight every day. We're going to do it civilly, we're going to do it by the book, and we're going to do it to the point where they're going to have to bring it. If they bring it, they're going to get a fight. We're going to be there. Be there."

CHAFFETZ: Well, Congressman Collins, again, congratulations on your new appointment as the Ranking Member there in Judiciary and I'm sure we're going to be covering it quite extensively. We appreciate it. And thanks for joining us tonight.

COLLINS: See you again soon. Take care, Jason.

CHAFFETZ: The vote for Speaker is pretty important. And what is shocking is that some of the Democrats at their very first votes of the 116th Congress chose to basically say, "Ah, we don't care." It's as if they couldn't see it coming.

Congressman Jim Cooper and Congresswoman Elissa Slotkin voting "present." They couldn't even pick anybody. They couldn't make up their minds. And congress - this is my favorite. Congressman Jeff Van Drew, who is one of the very last, based on his name, to vote, he stood up and said, "No." I mean, he literally stood up and said, "No." What? You don't want a Speaker? Was there a doctor, no? Who was it? Who you're actually voting for? Actual profiles encourage people. This is a terrible embarrassment. You don't even know who you want to have to be the Speaker of the House.

Well, it's been a busy day and night in Washington. And here to make sense of it all is David Bossie, former Trump 2016 Deputy Campaign Manager, co- author of the new book Trump's Enemies, and now a Fox News contributor, and Chris Hahn, former aide to Senator Chuck Schumer.

Thank you, gentlemen, both for being here.

Chris, I want to start with you. Brad Sherman, first order of business, dropped articles of impeachment. Is that the right move? Is that the right message to America that they want to be transparent and fix the country? And that's - I mean, where all right you at on this?

CHRIS HAHN, FORMER AIDE TO SENATOR CHUCK SCHUMER: I think Speaker Pelosi said it very clearly. There is not going to be an impeachment of this President until the Mueller report shows that there might be a reason to impeach him. If that comes down, we'll deal with it then. You and I both know that when the Republicans took over in 2011, there were people running to the front of the House to try to impeach President Obama who had far less impeachable offenses under his belt than this President was.

CHAFFETZ: No. No, that's--

HAHN: So let's wait and see. I think--


CHAFFETZ: That's actually not what happened.


HAHN: --the American people. The American people elected this Congress, Jason, to provide meaningful oversight and checks and balances on this President. It's something we should embrace. If the - the Congressman that was on just before you had done his job and done a meaningful check on this President. He might be the Chairman of the Judiciary Committee and not the irrelevant Ranking Member that he is now.


CHAFFETZ: Bossie, let's hear - what's your take on this, Dave?

DAVE BOSSIE, FORMER TRUMP 2016 DEPUTY CAMPAIGN MANAGER: Yeah. First of all, this is going to be a circus. The Democrats that are now in control of the House are going to have to be held hostage to the base of their party, which got them into the majority. And that base wants this President impeached. Those - the radical left of the Democrat Party wants to impeach this President. They hate this President more than they love the country. I say it all the time, and it is true.

These members of Congress have no compunction for the facts. They don't care about the Mueller report, Chris. I hate to break it to you. It doesn't matter what the Mueller report says. They're going to try to impeach this President anyway. This president needs to stand up--

HAHN: Well--

BOSSIE: --and do the job for the American people, and the - these ranking members in Congress have to fight every single day just as Henry Waxman did--

HAHN: Dave--

BOSSIE: -- just as others did during the Clinton period.

HAHN: Dave, let me assure you. Let me assure you of this and assure the President of this tonight. Unlike Paul Ryan, who is a slave to the extremists in his party, Nancy Pelosi is a leader who will lead her party to do the right thing by the American people. And if there is nothing to impeach the President under, there'll be nothing for him to fear. But if there is--

BOSSIE: She's not radical at all. No, no.

HAHN: --something to impeach him under-



HAHN: --he should be very much afraid.

CHAFFETZ: And that's a--

HAHN: Paul Ryan would fold like a cheap suit. Nancy Pelosi will lead her caucus.

CHAFFETZ: Yeah. That's why they've already dropped articles of impeachment. It didn't even take an hour.

BOSSIE: Right. She should be in control of her caucus.

HAHN: So what? So - come on. Come on. Willie Gohmert (ph) dropped articles of impeachment before they even swore in the Speaker on the first day in 2011. You know this. You were there.

BOSSIE: Paul Ryan led a House caucus that did an amazing job for the last two years in providing--

HAHN: Did nothing.

BOSSIE: He - look. You look at the accomplishments of this President. If you look at the economy, you look at our standing across the world, national security, we are - we are back. OK? This - this economy - the Trump economy is on fire and it's going to stay on fire.

HAHN: Dave, I looked at my stock portfolio today. Not good.

BOSSIE: Yeah, you know - hey, you know what?

HAHN: It hasn't been a good couple of weeks-

BOSSIE: Where was the--

HAHN: --for the economy--

BOSSIE: Hey, where--

HAHN: --because of this President--


BOSSIE: Where - where were the - where were the issues today about Nancy Pelosi taking over the gavel in the House and the Dow dropping 660 points? They're blaming - they still want to blame it on President Trump.

HAHN: It's the shutdown. It's the--

BOSSIE: No, it has nothing to do with the shutdown.

HAHN: It's the shutdown.

BOSSIE: Come on.

HAHN: It's the--


CHAFFETZ: Both people--

HAHN: It's a crazing to say - if the President talking about--

BOSSIE: They don't even know there's a shutdown, Chris.

HAHN: --Russia going into Afghanistan to stop terrorism yesterday, those are the things that move markets, not a leader who's actually led well taking on the gavel.

BOSSIE: The markets dropped because Nancy Pelosi took control of the House- -

HAHN: That's actually the best thing--


CHAFFETZ: Hold on.

HAHN: --this country--


CHAFFETZ: Hold on one second. Chris, Chris.

HAHN: --building its checks and balances.

CHAFFETZ: Serious question for you, Chris. Seriously question - the House Democrats-- HAHN: Yeah.

CHAFFETZ: --passed a bill tonight with no money for the border wall, no border security, and you can't define what border security is because the House Democrats can't do it, Nancy Pelosi can't do it and your buddy Chuck Schumer, he can't do it either.

HAHN: Jason - Jason, I love you. The Democrats passed the bill that the Senate passed by acclamation. A wall is not border security. It's all technology. We should just put a ring video doorbell there. We'd do better and we'd save some money.

CHAFFETZ: So would you advocate--

HAHN: In fact, I'll spring for the first one, Mr. President--

CHAFFETZ: Would you advocate taking down the existing wall? Is that what you're saying? Why don't the Democrats--

BOSSIE: Let's have a vote on that.

CHAFFETZ: No. Democrats have the guts--

HAHN: Yeah--

CHAFFETZ: --to actually stand behind what you say.

HAHN: Jason, Jason--

CHAFFETZ: Put the - no. Put a bill on the floor to tear down the wall--

HAHN: Jason--

CHAFFETZ: --and see how many votes you get.

HAHN: Jason, I know you. You are smarter than that statement. OK?



HAHN: The wall that's there--

CHAFFETZ: I'm asking you on national television.

HAHN: --right now is guarded 24/7, 365. We're not going to have a wall sea to shining sea with stations--


CHAFFETZ: Nobody ever said they could do that. Nobody ever said they wanted to do it.

HAHN: --with people on top of it guarding every--



BOSSIE: Chris--

HAHN: That's a ridiculous thing. You know it. I know it. The American people know it.

BOSSIE: No. What's ridiculous is we had a police officer killed--

HAHN: Republicans and Congress know it--

BOSSIE: And you--

HAHN: --which is why they never game him a wall when they had control for two years. And by the way--

BOSSIE: Chris, Chris, the Democrats--

HAHN: --isn't Mexico supposed to pay for it?

CHAFFETZ: Oh, nice.

BOSSIE: Chris, how many - Chris--


BOSSIE: --how many more Kate Steinles do we have to have? How many officers that were murdered on Christmas Day? The blood is on the hands--


BOSSIE: --of the Democrats in Congress. That's a fact.

HAHN: You know what, Dave? The blood is on the hands of Kirstjen Nielsen who had $1.4 billion for border security that she has yet to spend in the budget she's already had.

CHAFFETZ: You know that.


HAHN: She should be spending her money better. She's not good at her job.

CHAFFETZ: Come on.

HAHN: She need to go right now.

CHAFFETZ: That is a terribly irresponsible - no. That is an absolute - why not do--


CHAFFETZ: --exactly - what is wrong with doing what we saw at the White House today and doing what the border patrol wants? Where is - go look at the border patrol agents and tell them that they're wrong. Is that what you're telling me?

BOSSIE: Chris should spend a little time down at the border.

HAHN: I have.

BOSSIE: Maybe you get some rocks falling at you. You would understand it a little bit better.

HAHN: You know, I have. And you know what? And right now--


BOSSIE: OK? The violence at the border is not stopping.

HAHN: --the coastline, the coastguard who are going without paychecks because of this President, because of his temper tantrum, not passing a bill, signing a bill he said he would sign when the Senate passed it.

CHAFFETZ: No. You're - you are so fundamentally absolutely totally wrong.

HAHN: It's true.

BOSSIE: It's hard (ph).

CHAFFETZ: You can't further tell a lie.

HAHN: I'm just telling the truth, man. It's just the truth, Jason.

BOSSIE: No, you're telling your truth.

HAHN: That's all I could do, is tell the truth.

BOSSIE: The facts don't matter.

HAHN: No, I'm telling the absolute truth.

BOSSIE: The facts never matter with you.

HAHN: Mike Pence--


HAHN: --and the Chief of Staff went to the hill. That's why Mitch McConnell put that bill on the floor of the Senate because they had assurances from the White House that they would sign it. Now the Coast Guard, which guards our border, is going without pay. That is despicable. Those men and women deserve better. They fight for our country every single day. I'm calling on the President--


BOSSIE: This President has stood on for our men and women in the military--

HAHN: --right now to--


BOSSIE: --across the world--


HAHN: --and sign the bill that Mitch McConnell passed in the House--

BOSSIE: --greater than Barack Obama ever did.

HAHN: --that passed again. And--

BOSSIE: Chris--

HAHN: --and--

BOSSIE: Chris, please--

HAHN: --and pay these people who are--

BOSSIE: --get off your soapbox for a minute.

HAHN: --are patriots for this country.

BOSSIE: You guys don't want to solve any of the problems. This President has done more for our military, the men and women in uniform, including our border patrol, than Barack Obama ever dreamed of doing. And that's just--


HAHN: Well, then you should prove it, Dave. Dave--


HAHN: --he should open the government and he should pay the Coast Guard. The Coast Guard is a first line of border security in this country, and the President--

CHAFFETZ: Yeah. If you recall--

HAHN: --is denying them their pay. That is--

CHAFFETZ: Well, you've got to remember--

BOSSIE: That's ridiculous.


HAHN: I'm sorry--

CHAFFETZ: --you got to remember that Trump--

BOSSIE: That's ridiculous.

CHAFFETZ: --did intervene and did get the pay to the Coast Guard, by the way. But you still can't do--

HAHN: No, he didn't.

CHAFFETZ: --what all the Democrats can't do. They cannot define border security because one key element is that border wall. That's why the - the - almost unanimously, the border patrol is saying we want an impediment to come across the border.

HAHN: So--

BOSSIE: Here's my solution, Jason-=

HAHN: Yeah. Why is it that the border patrol--


HAHN: --in 2013--

CHAFFETZ: Hold on. Hold on.

HAHN: Jason, in 2013, there was a Gang of Eight bill that passed the Senate. It was a bipartisan bill that had--


CHAFFETZ: Piece of trash--


HAHN: --security--

CHAFFETZ: --that could not pass.

HAHN: --and a pathway to citizenship. John Boehner would not take that bill up in the House of Representatives. They have--


CHAFFETZ: You still can't define what border security is.

HAHN: --I asked the House of Representatives--


BOSSIE: Chris, why do you support for border security?

HAHN: --definitely pass the House today - I understand it.

CHAFFETZ: What is border security, Chris?

BOSSIE: What is it to you?

CHAFFETZ: What is it? What's border security?

HAHN: I believe that we should have - I believe we should have proper technology at the border, not a physical structure, but we should use drones, we should use--

CHAFFETZ: So we're going to watch them--


BOSSIE: And what is wrong with a physical structure?

HAHN: --technology to make sure that we know what's coming across our border and we could respond to it appropriately with border patrol agents. We don't need a wall from sea to shining sea, David. We don't need that.


BOSSIE: Yes, we - we need a wall--

HAHN: --some video cameras-

BOSSIE: --where--


CHAFFETZ: How do you know that?

HAHN: --supported by people.

BOSSIE: --Chris, the problem is you don't want a wall anywhere. And the American people--

HAHN: That's not true.

BOSSIE: --deserve protection from these folks who want to come in here and bring drugs, human trafficking, and murder and violence to Americans. And that's what we see--


BOSSIE: --every single day--

CHAFFETZ: I agree.

BOSSIE: --and the blood is on the hands of the Democrats.

CHAFFETZ: Listen, we're going to have to-- HAHN: No. Dave--

CHAFFETZ: --wrap up. But--

HAHN: --but I agree--

CHAFFETZ: --I got to tell you, Chris--

HAHN: --that we need - I agree--

CHAFFETZ: Chris, here is the fundamental problem.

HAHN: I agree that we need security. And I agree that we should have a proper security. I don't believe that we need--

BOSSIE: Those are words.

HAHN: --old technology.

BOSSIE: Those are words, Chris.

HAHN: There has never been a ladder--

BOSSIE: They're words.

HAHN: --that has not beaten a wall. Ladder beats wall, Dave.

BOSSIE: Those are just words. We're tired of words.

HAHN: Ladder beats wall.

BOSSIE: That's what - that's what the American people are tired of.

HAHN: And by the way--


BOSSIE: They're tired of--

HAHN: --wall, I'll take--

BOSSIE: --Washington, D.C.--

HAHN: David, David--

BOSSIE: --politics as usual--

HAHN: --I'll take a free law.

BOSSIE: --and guys like you who just--

HAHN: Dave--

BOSSIE: --want to talk all that.

HAHN: --take a free wall if Mexico pays for it because that--


BOSSIE: You just want to talk all day, Chris.

HAHN: --of the promise that we keep for getting.

BOSSIE: This President gets it done, Chris. You - you guys just talk about it. He gets it done.

CHAFFETZ: I have never seen a party be successful that wants to abolish ICE, support sanctuary cities, doesn't want to get - doesn't like the wall, doesn't want to support the federal workers--

BOSSIE: Broken chain - the chain migration, the lottery system, this President wants to fix it--

HAHN: Guys, please--

BOSSIE: And he's willing - and he's willing to make a deal on the DACA kids, which - there's many people on--

HAHN: Dave--

BOSSIE: --our side of the aisle who don't agree with it, but he is willing to do it. Nancy Pelosi--

HAHN: Dave--

BOSSIE: --and crying Chuck Schumer won't even make a deal over - with those kids--


HAHN: Dave--


BOSSIE: --the poor children--

HAHN: Dave--

BOSSIE: --can't you guys support the poor children?

HAHN: David - David, I - I only went to one Trump rally. I know you went to many. And I remember him saying that Mexico would pay for the wall. Now he's shutting down the government because Congress is not paying for the wall.



HAHN: That doesn't make any sense--

CHAFFETZ: --we have to go.

HAHN: --to me.

CHAFFETZ: We - gentlemen--

HAHN: None.

CHAFFETZ: --we have to go.

Chris, do this in person next time because I love having this discussion with you. I know you--

HAHN: Me too, man.

CHAFFETZ: --that you believe what you say, but I still think that the Democrats failed to define what border security is. And it's disingenuous to say you're in favor of border security without being able to define it.

Gentlemen, thank you.

HAHN: Technology--

CHAFFETZ: A week after police arrested eight illegal immigrants in connection with the murder of a California policeman, we're learning about several more disturbing stories in just the last week of illegals killing Americans. A National Border Patrol Council member, who met with President Trump today, will join me on why it's one of the many reasons we need a wall.



TRUMP: I have never had so much support as I have in the last week over my stance for border security, for border control, and for frankly the wall or the barrier. I have never had anything like it in terms of calls coming in, in terms of people writing in and tweeting and doing whatever they have to do. I've never had this much support, and we've done some things that, as you know, have been very popular.


CHAFFETZ: President Trump making a surprise appearance today in the White House briefing room, his first since taking office, alongside the leadership of the National Border Patrol Council. In just moments, we'll talk live with Hector Garza who shared the podium with the President today.

But first we go to Trace Gallagher in our West Coast newsroom, as we're learning about several new cases of illegals allegedly killing Americans, highlighting the need for Trump's border wall.


TRACE GALLAGHER, CORRESPONDENT: Jason, good evening. Let's begin with a case out of California that made national headlines. 33-year-old illegal immigrant and gang member Gustavo Perez Arriaga is now charged with shooting and killing Newman police officer Ron Singh after being stopped for a suspicion of driving under the influence. He had also been arrested for drunk driving in 2011 and 2014.

In most states, those arrests would have led to ICE being notified of Arriaga's illegal status. But under California sanctuary law, local police are prevented from cooperating with federal immigration agents. Officer Singh leaves behind a wife and 5-month-old son, and we just learned that President Trump spoke this evening with the officer's family and colleagues.

Mexico native Amancio Betancourt Martinez was deported from the U.S. in 2015 after a drug conviction. Now, after illegally reentering the U.S., the 27-year-old is now charged with raping a young girl in Alabama.

In Mecklenburg County, North Carolina, a 17-year-old illegal immigrant from Mexico in jail for murder was released after just seven months. The jail called it a clerical error. And he was rebooked but was still a free man for over 30 hours. Meantime, ICE has placed a detainer on an illegal immigrant from Jamaica who admitted to shooting and killing a 12-year-old boy in Connecticut. Tajay Chambers said he mistook the boy for his older cousin.

And finally, back to the Golden State. Illegal immigrant Gustavo Garcia Ruiz was arrested in Central California last month for being under the influence of drugs. When ICE learned he was in jail, they placed an immigration detainer asking deputies to notify them before releasing him. But under California's sanctuary law, he was instead released.

Days later, Garcia Ruiz allegedly committed 11 crimes, including killing a stranger and shooting at others before he was killed during a high-speed police chase. And here's the gut kick. Garcia Ruiz is a known convicted, violent criminal; armed robbery, assault with a deadly weapon, repeatedly deported. But in California, none of that can be used to notify immigration agents.


CHAFFETZ: Trace, thank you.

Joining me now is one of the border patrol agents who shared the podium with Trump today, Hector Garza. He is Vice President of the National Border Patrol Council. Also with me is immigration attorney Allen Orr.

Gentlemen, first, I want to take the opportunity to listen to Hector. Not a regular day at the office but speaking with the President today.


HECTOR GARZA, VICE PRESIDENT, NATIONAL BORDER PATROL COUNCIL: I just want to talk about some of those criminals that border patrol agents apprehend on a daily basis. We're talking about murderers, rapists, people that commit very serious crimes in this country. These criminal aliens that have been released from jail, that have been deported will come right back into the United States. However, if we have a physical barrier, if we have a wall, we would be able to stop that.


CHAFFETZ: Quite a day. Quite a comment. Gentlemen, thank you both for joining us.

And Allen, I really appreciate you've been on. When I've been hosting, you've been here, and I know you believe wholeheartedly in what you believe. But what is wrong with what Hector said? He's sitting right next to you.


CHAFFETZ: What is wrong with what he said in pushing and advocating for a border wall?

ORR: So the border wall doesn't fix any other problems that were enumerated in the statement before.

CHAFFETZ: It's false. Some of them does.

ORR: Not really because most of the problems are related to drugs and alcohol, which is a totally different show. Right? So when we're talking about immigration, the issue was that these individuals had been deported and had returned to the United States before. So the problem may be in the deporting them in the first place because when you deport criminals back to the home areas, that's what causes those caravans that pushes people out towards the U.S. border.

CHAFFETZ: That logic - sorry. That that logic totally escapes me. We shouldn't deport them? Part of the issue that they are dealing with, Hector, on the border, and I've been on the border with you, is the fact that it is fairly easy to come across. We don't have enough agents to have every single three meters or so covered, right?

HECTOR GARZA, CBP AGENT WHO MET WITH TRUMP: It's very clear that we don't have enough physical barriers. It's clear that we do not don't have enough manpower. And because of that we see all these criminals coming right back into the United States. I mentioned it today during that press conference with President Trump that a lot of these criminals were being deported by ICE, MS-13 and very serious criminals. And guess what, they come right back across our border. Now if we had that wall, if we had that physical barrier, they wouldn't be able to cross that easy and we would be able to apprehend them. These issues that happened in California, that's exactly what we are talking about. Those crimes can be prevented here in the United States.

CHAFFETZ: And Allen, we have talked about this before. If these people aren't in this country, those crimes don't get committed and those people are still alive.

ORR: That's really a fallacy of causation. Some of those crimes -- we have gang members. We have crime here. Undocumented is not --

CHAFFETZ: No doubt. But I just fundamentally why you don't see this. If somebody comes here illegally, if they hadn't gotten here illegally, they wouldn't of committed the crime.

ORR: That's not necessarily true. As a philosophy major, that's a false valid argument.

CHAFFETZ: They may have committed the crime in Cancun, but not here.

ORR: But I think the issue we have here is that we are assuming all those people who are now being rearrested or being deported and coming back are coming back across the border walking, and that's just not true. They're coming in in planes, two-thirds of the people here undocumented. So a wall is not going to fix that, and a wall is not going to keep the drugs out.

CHAFFETZ: It's going to fix part of it.

ORR: It doesn't fix part of it. So we need to shift to what the real issue is --

CHAFFETZ: You don't think it fixes even a little bit?

ORR: No. What a wall does -- let me help with that. What a wall does is a temporary barrier for a temporary solution. It does not fix the problem. It only makes the wait outside of the wall larger. So solving the problem is drawing the people here. So therefore, if you have a criminal, right, why don't we just release people out of the jails into communities that are harboring criminals? Because we know we put them back --

CHAFFETZ: They've got to serve their time and go back to their home country. Hector has been -- how long have you been on the Border Patrol?

GARZA: Eighteen years I'm with Border Patrol. And let me tell you what amazes me, with all due respect to Allen, we have got all these talking heads in the media that are talking about border security and they've never spent a single day working on the border. We've had some of these people that have never been to the border and experienced what Border Patrol has experienced, and that just baffles me, because they are talking here, they come on FOX News. They go speak on the Hill, and yet so many of these people have never worked a single day as a border patrol agent.

CHAFFETZ: So there was a CNN analyst or commentator that said you and the people that were standing out there on the podium were political pawns. How do you react to that?

GARZA: We're not. We're not political pawns. Let me tell you something, Border Patrol agents are the real border security experts, because we are the ones that go out there every single day and try to protect our borders and protect our country. And we are the ones that are apprehending and arresting a lot of these criminal aliens that have very serious criminal records that if we don't stop them, they are going to come into this country and commit very serious crimes.

ORR: I don't think you have to be a Border Patrol agent to talk about that, right, because if you are a hammer, everything looks like a nail. And so if someone is able to sit back and reevaluate the position of what everyone is doing. And I respect what you're doing at the border. I told you that before. But there's also better ways and smarter ways to manage the border and the influx of people who are coming to this country, first by really addressing the issues, really the security issue are those people who are the overstays, and then moving to a broader view. Because part of the problem is --

CHAFFETZ: Would you be in support of abolishing ICE?

ORR: Have I been -- so when people say abolishing ICE, they mean reforming ICE. And that was with regards to child separation.

CHAFFETZ: No, they meant abolish. They could have chose any word in the dictionary, but they chose "abolish."

ORR: So ICE has not been around that long. As sort of a lot of this stuff started, the wall, the really first construction of the wall along the border right after September 11th, ICE started after September 11th. So if we need to separate that department to make it work stronger, to call it something else just because of the footprint, then we can do that. That's really what it's about is reforming ICE. No one believes there should be an open border. No one believe that individuals here that are going to do harm to your family or to my family should continue to exists here.

CHAFFETZ: But you say simultaneously you don't believe in an open border, but you don't believe in a wall, and that's where the disconnect is. I've got to give Hector the last word here.

GARZA: So it's very clear, In Laredo, Texas, like many parts of the border, President Trump through the military ordered that concertina wire to be installed along the border. That concertina wire by itself reduced the apprehensions. It reduced the people that got away and increased the effectiveness and the probability of arrest. That really helped us, and that's just concertina wire, temporary wire. Imagine what a wall can do. A wall can really help Border Patrol agents, and it's a matter of officer safety and the safety of the American public.

CHAFFETZ: And I've got to tell you, Allen, I know you are sincere. Again, I have the greatest respect for you. You're a great person for the limited time I've interacted with you, but I have to believe in a guy who's been at the border for 18 years, put his life on the line, and is out there arresting people that are trying to sneak into this country. Some of them are good, decent people, maybe, but we don't know. And they've taken 17,000 criminals that have been coming up north here. I have to tell you, it is a huge problem. I thank you, gentlemen. It's going to continue, and we hope you continue to come back and join us on this show.

Again, up next, less than four hours on the job and every single House Democrat votes to leave town, putting the ball in the Senate's court to make that next move on the shutdown showdown. Senator Mike Lee from Utah joins me on the next steps to end this bitter border battle.


CHAFFETZ: Just moments ago, the newly Democratic-controlled House of Representatives overwhelmingly approved an interim spending bill that funds the Department of Homeland Security at its current level through February. The bill does not include any new money for the wall. But Senate Majority Leader Mitch McConnell says he will not call a vote on the bill.


MITCH MCCONNELL, R-KY., SENATE MAJORITY LEADER: I made it clear to the speaker we are not interested in having show votes here in the Senate. We are interested in bringing up something the House has passed, 60 senators will support, and the president will sign.


CHAFFETZ: So is that the best idea? Here now Utah Senator Mike Lee. He is also author of "Written out of History," which we strongly recommend. Senator Lee, thank you for joining us here. Mike and I are friends, the senator and I both having represented the state of Utah. But Senator, thank you for joining us here.

Is Mitch McConnell right? I was a bit critical of the majority leader for not voting on the house bill that did pass with border wall funding of $5 billion. But what's the right answer?

SEN. MIKE LEE, R-UT: I'd rather vote. Whatever the question is, should we vote or not, I err on the side of saying let's cast a vote. Sometimes there's a good reason to cast a vote even if you're not sure that it's going to pass. Sometimes setting the record for who is where on that vote is helpful. And it moves the legislative process forward. I think it would help us end to shutdown faster.

CHAFFETZ: I concur because I really do think -- what's frustrating to me is they never vote, so you don't see who is actually on the record here. But how are you going to get past this impasse? Nancy Pelosi has been off work and on her hula, and now she's the speaker and the House is adjourned until Tuesday. They are not even coming back until Tuesday.

LEE: If you don't want to fight fires, don't become a firefighter. If you don't want to take difficult votes, don't become a lawmaker. That's the message we've got to send to Congress.

CHAFFETZ: But how are we going to actually solve this border wall? Nancy Pelosi is emphatic. She says absolutely no money for the wall. Are there other alternatives, or is the president and the Republicans in the Senate just going to hold the line on this?

LEE: I think the Democrats are being categorically unreasonable on this. We already have 650 miles of border fence, 650 miles. Are the Democrats saying we've got to tear that down? No. Are they saying that there is something inherently evil about the would be 651st mile? No. We are talking about a number that's infinitesimally small compared to the overall budget. We are not talking about one percent of the federal budget or even one half of one percent of the budget. This is necessary to keep our country safe to protect our border. We need to do it.

CHAFFETZ: But are there enough Democrats? At some point there would be some breaking point. I think most Americans don't even know that we are in a shutdown because they don't feel the effects of it. The normal pitch points of veterans, our military, Social Security, all of that is open and running. So I don't even know if America necessarily even noticing it. I know it's hard on the federal workers who expect and deserve their paychecks. But are there Democrats that will eventually get to this point?

LEE: I think there are. And the reason I say that is most of the Democrats I talk to in the House and in the Senate are not themselves that offended by the idea of spending money on a fence to protect our border. Most of them acknowledge this is not a big deal. And so I don't know why they are spending so much political capital on making sure that we can't make the American people safe with a fence.

CHAFFETZ: I have to ask you, now you are the senior senator from Utah. But the incoming junior senator from Utah put out an op-ed that was pretty scathing of the president. What was your take on that?

LEE: Yes, he did. And look, at the outset, I want to say his predecessor, my former colleague, Senator Orrin Hatch, was kind to me when I came in. He didn't tell me how to do my job, and I intend to extend the same courtesy to my new colleague, Senator Romney.

That said, I disagree with his op-ed. I don't think it was the right approach. I think it's important -- I respect the fact that he wants to work with the president and support him where he agrees with him. I don't think it's necessarily helpful to come in and attack his character right at the get-go, right at the beginning of his legislative career.

CHAFFETZ: I found the timing curious and I was critical of him because I don't think it did any -- you're supposed to represent the state of Utah and I don't think Mitt Romney putting out this op-ed actually did anything. He was elected to solve problems. That's what he's known for. This created a problem and it didn't actually solve a problem.

LEE: I think that's right. And everyone is entitled to a mulligan once in a while, as my dad used to say. And maybe he will want to take his mulligan on this one. But here's what I can say. As you know, I have my concerns about this president, but I've been very pleased with what he's actually done in office. If we look at what he's done, he's made the American people safer, he has made our economy stronger, and he has fought big government. That's what we elected him to do.

CHAFFETZ: I want to show you this graphic. This is the president putting out a tweet about Elizabeth Warren, kind of clever. If you look down at the bottom, 1/2020th percentage obviously taking a stab at Senator Warren. Being in the Senate, obviously with the 2020 election, how much of a distraction is this going to be? Because so many of your colleagues, they all look in the mirror and they don't see themselves as a senator. They see themselves as the next president of the United States.

LEE: That's right. They say when a senator looks in the mirror, he or she sees a president. It doesn't have that effect on me but apparently a lot of other people do have that reaction. Look, there's no question about it. This is going to be a three-ring circus. But we are familiar with three ring circuses like this this in the Senate. I saw it a few years ago when all of my Republican colleagues and half of my Democratic colleagues were running for president of the same time. We're gearing up for the same thing in 2020, just on the Democratic side.

CHAFFETZ: Listen, senator, you've got your hands full. I think the shutdown it's obviously something that is going to be on the top of everybody's mind. But I just don't understand how the Democrats on day one, four hours into office, they decide in the House, hey, we're going to go into recess. We are not coming back until Tuesday, and that they sent over a bill not to the Senate that doesn't have even a dime for border wall funding.

LEE: It's silly. It's petulant, and I call upon them to reconsider what they've done, to reconsider the fact that in the past, for 20 years now, Congress has been calling on our federal government to make sure that we protect our border. This is a step necessary to do that. They have voted for more funding than this in the past, and they need to give this funding now.

CHAFFETZ: They are authorizing bills. The Senate authorized this fence, now they won't fund it. And it's something that is totally disingenuous to not also step up to the line and define what border security is. Senator, thank you so much for joining us.

Coming up, is nothing safe from the wrath of millennials? Find out why a "Seinfeld" classic is the latest offender to the generations that made eating Tide pods popular, up next.


UNIDENTIFIED MALE: The tradition of Festivus begins with the airing of grievances. I've got a lot of problems with you people. Now you are going hear about it.




UNIDENTIFIED MALE: This guys makes the best soup in the city, Jerry, the best. Do you know what they call him? Soup Nazi.

UNIDENTIFIED MALE: Do you want bread?





UNIDENTIFIED MALE: No soup for you.



CHAFFETZ: No soup for you, and no fun for millennials. Yes, it's true, the avocado toast eating generation is upset with one of the greatest television sitcoms of all time, "Seinfeld." A new article published by "Bustle" revealing the Soup Nazi tops the list is the most offensive jokes on a show about nothing.

Here to weigh in is Morgan Ortagus, national security analyst, and Jennifer Holdsworth, a Democratic strategist. This is a lighthearted thing. No big weighty Iran questions or whatnot here. But I have got to get you to weigh in. Jennifer, let's start with you. Soup Nazi, are we really defending the millennials out there?

JENNIFER HOLDSWORTH, CRO, DSPOLITICAL: No, I don't think so. I don't think we can really count on "Bustle" for the hard-hitting news of the day. I think this is a complete nonissue. Nobody is offended. There is even a famous rapper from D.C. named Wale who raps about Seinfeld because he loves it so much. And he is great with the new generation of millennials, too. So I think this is much ado about nothing. It was a great show for the 90s. Everybody is nostalgic for it. You can get it on Netflix. You can get "Friends" on Netflix. Let's just move on and talk about real stuff.


CHAFFETZ: I'm not as up on quality, but "Friends" also took this hit, too. I'm kind of a huge "Friends" fan. But "Seinfeld," are you offended by this?

MORGAN ORTAGUS, NATIONAL SECURITY ANALYST: No. Listen, the stock market crashed today, the Chinese economy is down. But Jason, it is so important that you and I are talking about "Seinfeld." It's really --

CHAFFETZ: This is where millennials --

ORTAGUS: I love "Seinfeld." OK. I don't think it's millennials. Here's why I don't think that. So I think millennials are born -- I am like a grandma millennial. I was born in '82 and I think it goes to '95, '96. So I am going to say this isn't millennials. This is this jerk generation behind us doing it, not the millennials.

CHAFFETZ: Fair enough. You were born in '82.

ORTAGUS: I am an old lady.

CHAFFETZ: You can't do the math to get to my age here.

I want to get to another topic, which is "Bird Box," the most watched original Netflix movie ever, giving birth to a brand-new challenge. You have to spend 24 hours blindfolded like Sandra Bullock's character in the film. Tasks range from the mundane like walking dangerously to driving. Don't ever do that. Don't be an idiot and do that. Netflix even putting out a statement in all caps which means they really, really mean it. They put out a statement that says "PLEASE DO NOT HURT YOURSELF WITH THIS BIRD BOX CHALLENGE." I don't know if you have seen "Bird Box," but Morgan?

ORTAGUS: I think this is what happens at the end of family time over Christmas whenever the booze ran out. And so people started just blindfolded themselves because they are stir crazy and they really want their family to go home. But if I see you in a parking lot and you are doing this, I'm totally going to trip you. I just want to put it out there. I'm going to make fun of you.


CHAFFETZ: If you ever see me walking anywhere with a blindfold.

ORTAGUS: I might trip you anyway, Jason.


CHAFFETZ: I believe that. I know Morgan.

HOLDSWORTH: I am probably going to call the capitol police.

CHAFFETZ: Have you tried this? Have you seen the show?

HOLDSWORTH: I have not seen the movie. I think I'm probably one of five people in the United States of America who has not seen it yet. I do plan on watching it. Although I understand Kim Kardashian and Chrissy Teigen had a little bit of our kerfuffle on Twitter today over "Bird Box." But it is really permeating the national conversation.

CHAFFETZ: I think we actually have some footage of this. Do we have footage of this, I think? Let's watch this.


UNIDENTIFIED MALE: Turn slightly to your right. Go forward. Go forward.




UNIDENTIFIED FEMALE: Careful. There's a wall in front of us.


CHAFFETZ: Idiots. Idiots is the only world that comes to mind.

ORTAGUS: I've got an idea. You know how all the Democrat challengers now think they have to be like AOC and make macaroni and cheese in front of Instagram. This is what they should do for the primary. They should all put this on a do the "Bird Box" challenge.

CHAFFETZ: Elizabeth Warren.

ORTAGUS: Maybe she would be more relatable.

HOLDSWORTH: As a Democrat, I support that.

ORTAGUS: Me, too. I definitely want to see the Democrats doing that.

CHAFFETZ: One more thing before we go. The British army is having a tough time recruiting lately, so they launched a new ad campaign targeting millennials. This is how they supposedly do it. These are phone zombies, snowflakes, and selfie addicts. The British Army Major General Paul Nanson telling Sky News, quote, "We are proud to look beyond the stereotypes and spot the potential in young people from compassion to self-belief." I'm not exactly sure what that quote means, but somehow that's where the next British soldier is coming from. Is this how we're going to find them?

HOLDSWORTH: I guess so. I think, on a serious note, that they are neglecting the fact that a lot of millennials are fighting in the military in a lot of countries right now. As a technical millennial as well, I was born in 1981, though right on the cusp.

ORTAGUS: We're grandmamas.

HOLDSWORTH: We are. We are right on the cusp there. I tend to identify with Generation X more than millennials. But I think anything that gets more people to join the armed forces is a good thing. If somebody can see more potential in themselves through these ads, then I say more power to them.

CHAFFETZ: Shouldn't we be checking to see if they can do sit-ups as opposed to whether or not they are watching "Bird Box" or they are snowflakes.

ORTAGUS: I have a new slogan. The few, the proud, the snowflakes. That has a nice ring to it. I think I am a better recruiter for the U.S. military. I am a Navy reserve officer. Come on, people. Join the Navy.

CHAFFETZ: She did. She served in Iraq, she served in Saudi Arabia. Thank you for your service to your country.

ORTAGUS: As a civilian.

CHAFFETZ: As a civilian, but nevertheless away from your family and loved ones, and out there --

ORTAGUS: Not doing the blind box challenge.


CHAFFETZ: Thank you for coming here.

ORTAGUS: Thank you for having us.

CHAFFETZ: We do appreciate it.

We'll be right back with your Last Bite.


CHAFFETZ: It's time for the Last Bite.

Earlier tonight I took on defending champion Lauren Blanchard on Tucker Carlson's final exam. How'd that turn out? The "The Ingraham Angle" team is now questioning my knowledge and cat-quick reflexes. Have a look.


TUCKER CARLSON, HOST: What kind of drink did she get?

What is his name?

LAUREN BLANCHARD: President Obama.

CARLSON: Speed is of the essence.

CHAFFETZ: Can I get a lesson on buzzer --

CARLSON: The judges were just saying, would you like to take a practice buzz right now?


CARLSON: OK, just practice buzz.

CHAFFETZ: It's working.

I have never been known for my catlike reflexes. I get that. I get that.


CARLSON: What kind of animal is the Georgia mascot? Holy smokes.

Lauren Blanchard, highest score ever achieved on this show. Congressman, I don't judge you for a second.


CHAFFETZ: I got spanked. And this is the mug right here that I did not win.

That's all the time we have tonight.

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