Is Clinton's stance on immigration in Europe hypocritical?
Clinton says Europe must control immigration to stop growing support for 'right-wing populists'; panel reaction on 'Hannity.'
This is a rush transcript from "Hannity," November 23, 2018. This copy may not be in its final form and may be updated.
JEANINE PIRRO, GUEST HOST: Welcome to this special edition of "Hannity: Law and Order in America."
First of all, I hope everyone had a very happy Thanksgiving. I'm Judge Jeanine Pirro, in tonight for Sean.
Tonight, Republicans in Congress subpoenaed James Comey and Loretta Lynch but Comey vows to resist. More on this explosive story later in the hour.
And Black Friday mayhem. We'll show you the wild footage we have got of what people will do for a sale.
But, first, today, President Trump is addressing the crisis on our southern border and calling for funding of the border wall tweeting, quote: Republicans and Democrats must come together finally with a major border security package which will include funding for the wall. After 40 years of talk, it's finally time for action. Fix the border for once and for all now.
Now, the president's call for action comes as over 6,000 members of the migrant caravan have reached the Mexican border town of Tijuana and at one point as a smaller group of protesters broke away from the caravan and got within 500 feet of the U.S. border.
And in an interview released yesterday, get this, Hillary Clinton told "The Guardian" that Europe needs to get a handle on immigration to stop the growth of right wing populist.
Hillary says, quote: I think it's fair to say Europe has done its part and must send a very clear message: we are not going to be able to continue to provide refuge and support because if we don't deal with the migration issue, it will continue to roil the body politic.
Joining us now with reaction is America First Action senior advisor and former Trump press secretary, Sean Spicer, FOX News contributor Deroy Murdock, and National Border Patrol Council vice president, Art Del Cueto.
All right. Good evening, gentlemen. Thank you all for being here.
You know, I have to start with Hillary only because I always like to start with Hillary. I mean, did this woman -- did she have a lobotomy? Why is she now saying we've got to tell Europe they have to stop the migration, it's a roil to the body politic?
Sean Spicer, hit it.
SEAN SPICER, FORMER WHITE HOUSE PRESS SECRETARY: I'm not sure if anyone is listening to her. That's the bigger issue. I don't know what -- I mean, it's funny, first, she stands in the way of immigration reform. She does everything she can to stop it -- stop dealing with it in this country. And, yet, she wants to preach to Europe what they should be doing, and somehow comes up to this kooky response somehow because they have allowed all these people into their borders, had open border policies, that that's given rise to the populist movement that created Brexit and Trump.
I don't really even fully appreciate what she is trying to get through. It sounds like a bunch of gobbledygook to be honest with you.
PIRRO: Well, you know, Deroy, I personally was shocked momentarily. But when I thought it through, I said to myself, the truth is that she will change her opinion, she and Bill are notorious for this, based upon the way the wind blows. So, it tells me one of two things that she is a chameleon, absolutely.
DEROY MURDOCK, FOX NEWS CONTRIBUTOR: I think she is.
PIRRO: But, secondly, that she is willing to throw the refugees to the wolves because she thinks it's helping the politics of her opponent. What does that tell you about her?
MURDOCK: Well, I mean very simple, take whatever argument making about Europe and apply it here. If we have this situation of chaos of people breaking in from the Guatemalan, Mexican border and breaking into our border as well, it's only going to fuel people what President Trump says we have to have border security. And I just say, you know, if that argument applies to Europe it definitely applies over here as well, if she is consistent about it.
PIRRO: That, she is.
And, Art Del Cueto, you are the man at the border. Tell us what is going on there and tell us what is wrong with the president of the United States saying that if you want to seek asylum, come in the right way, come through a legal, you know, entrance?
ART DEL CUETO, NATIONAL BORDER PATROL COUNCIL VICE PRESIDENT: There's nothing wrong with what he is saying.
Judge, the reality is we now have a president that he is doing what no other president has done. And that's pretty much making sure that our nations are secure. Short of grabbing a gun and a rifle, and being at a point himself, he has done everything he can. It's now up to Democrats and Republicans to come together and do the right thing and help out with the bill that he is trying to present.
I'll be honest, it also -- it falls on the leadership within the DHS and Homeland Security. This is a man that's on point and he is showing he cares. It doesn't matter what side of the aisle you're on, you want security in your borders. You want security in your home. Everyone locks their doors at night.
PIRRO: OK. Let me ask you this. You said something. It comes down to the leaders of Homeland Security and that would be Kirstjen Nielsen. What is she not doing right or what is she doing wrong?
DEL CUETO: What I'm say something need to get on the right path. When you have a president saying, I need to you stop catch and release and catch and release is not stopped, I think that's a problem.
PIRRO: OK. All right. And, Sean Spicer, I mean, you were there when all of this -- when you were in the White House with the catch and release. It was started with the Obama administration.
What can a president do about that especially in light of this federal judge, you know, every time he does something, and we're going to talk about this in the next segment. You got a federal judge ruling to stop it. But what about catch and release. How do we change that?
SPICER: Well, I think this president has actually changed the entire dynamic because he has made it very clear he has talked about that they are going to be stay in Mexico apply for asylum there unless they can prove they are in imminent danger.
He has upended all of the precedent that has gone on before this and taken away just the talk and the rhetoric that we have gotten from so many politicians and replaced it with action. This president, I think, has done as much as he possibly can through executive order and action, and through his administration, through DHS. He truly does need a partner in Congress in these remaining days of this lame duck Congress to give him the funding that he needs for border wall and border security and additional border agents.
PIRRO: Sean, you and I both know they don't want to give him the money for the wall. I mean, and I blame Paul Ryan and Mitch McConnell for this, they limited the actual building to $1.6 billion -- I think it's billion.
And in the end, I will go to you, DeRoy, I mean, the truth is that, you know, the party is not working with him and now he says I want Republicans and Democrats to come together. What leverage does the president have? He is talking about shutting down the government. I mean, what does he do?
MURDOCK: Couple things, one he could shut down the government. Second thing, I think once these guys come back from Thanksgiving, he should keep the 115th Congress up on Capitol Hill until January 3rd when Democrats come in and they should vote, vote, vote and litter his desk with immigration and other things.
The other message that has to go out to all these people who want to rush across the border if you want to come to America, do the way my mother and father did when they left Costa Rica. They went to the U.S. embassy and they fill out that visa applications. Fill out the paperwork. That's not too much to ask. If you want to come to America, ring the front doorbell, don't run in and break in through the bathroom window which is the approach these people are taking now.
PIRRO: And, you know, when, Art, when DeRoy talks about ring the doorbell, you know, come in, our country is our home.
DE CUETO: That's right.
PIRRO: You referred to this -- some people take objection when you call it an invasion, I don't know what the heck else to call it?
DEL CUETO: It's an invasion.
PIRRO: You called them a hoard. That was a word I hadn't heard. Why?
DEL CUETO: Because it's a huge group of people from another country that are flying a flag to enter our country. That doesn't look like people seeking asylum. Doesn't look like people escaping persecution. They are coming here invasion, plain and simple.
A lot of it has to do with the economy, you know? Hey, if you guys want to give credit to President Trump, then give him credit because of the economy. That's the reason they're coming up here.
The reality is, we have a president doing everything he can and everyone else needs to get on board. That's the bottom line. We all want to feel secure in our homes.
PIRRO: Go ahead, Sean.
SPICER: I will say you mentioned at the beginning, America First Action, America First PAC have been in this fight with the president, airing ads, putting out videos, making sure that research is done. But we are going to make sure that we do our part to spread the word about what the president's policies are doing and put pressure on Congress as we head into the final days of this Congress.
PIRRO: Well, absolutely. And, you know, one of the things that I think is so important right now is that Tijuana has actually declared a humanitarian crisis. And, you know, apparently, as this caravan has been moving, gentlemen, they have stayed one or two nights in a particular town. The town is happy to give them food and give them, you know, a place to stay.
But I think we're looking at the crisis, you know, Guatemala and Tijuana. But Tijuana in particular, in addition to some of the violence that we are seeing, you know, they are saying, look, we need the United Nations to come in. This caravan is out of control.
Go ahead, Deroy.
MURDOCK: Yes, I think also, my question here is, where is it written that anybody has the right to come into this country?
PIRRO: They don't have it.
MURDOCK: If you leave Honduras and you get into Mexico, you are entering a country that's about four times wealthier than Honduras is, and I'd say, hey, that's pretty comfortable. And the Mexican government said, we'll give you homes, you'll give you education, we'll give you health care.
They ought to say, this is great, we'll take. And their attitude is basically like (INAUDIBLE) won't do. And here they come in Tijuana ready to rush the border of the United States. Again, where do we have the obligation to let them in, especially when they don't ask permission to come in here.
PIRRO: Well, there's no question. And why are they not -- I'm going to go right to you. Why are they not taking advantage of what Mexico is offering them?
DEL CUETO: Because they don't want. They don't want to, because it's not that they are looking for asylum. They are looking to come into the United States because they probably have jobs already lined up here. They probably have people already here that are waiting for them. That's the reality.
They want to invade our country. They want to come in here because there is no consequences for them. That's what it is.
And it's not a race issue. People need to get away from this. You are seeing the mayor of Tijuana and everything he is saying. No one is calling him a racist.
PIRRO: That's right.
DEL CUETO: President Trump has said all the right things and you turn around and call it a racist statement here.
It has nothing to do with race. Illegal is not a race. Illegal is simply illegal. There is a right way to do things and wrong way to do things.
PIRRO: So well said.
And, you know, Sean, I'm going go to you. One of the things that I saw today was a video where one of these caravan members is yelling open the gates, Trump. We are looking to come in. We are looking for work.
I mean, can you imagine while they fly the flag of their own country they say Trump open the gates. I mean, and god forbid you try to deport them to that country they are waving the flag on. That's why they want to get on our soil so they can immediately have constitutional rights. Sean?
DEL CUETO: Invasion.
SPICER: I think they recognize the fact that this president has created an amazing economy here in the United States. There is a ton of jobs available. And they see that. They want to come up here for the jobs.
But, at the same time, the president has continued to be tough on immigration. He understands we have to have border security so that there is this catch-22. He's creating an amazing economy where there is tons of jobs to go around and people are using that as a magnet to want to come into this country.
But the president has been very clear. We are still a country of immigrants. We're welcoming country, but you have to do it legally. I think that's where people have to understand that the president wants to have law and order. He wants to have a vibrant country that continues to welcome people but do so in an orderly way.
PIRRO: The way that they are supposed.
DEL CUETO: Judge --
PIRRO: Anyway, great discussion, Deroy, Sean and Art. Sorry, next time, we'll come back to you. Maybe on my show tomorrow night.
Anyway, the migrant caravan is causing the American public to pay more attention to immigration. According to a new Gallup poll, immigration is now seen as the biggest problem facing the United States. Yet, liberal Hollywood continues to demonize immigration enforcement agents.
On the Thanksgiving episode of "Murphy Brown's" reboot, ICE agents are shown trying to deport a family of illegal immigrants. Take a look at this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: We received a call from a neighbor here about a taco truck parked in a residential area noticed the taillight is cracked around the plates. Seems the truck belongs to a Carlos and Maria Gonzalez, undocumented immigrants, outstanding removal order.
UNIDENTIFIED FEMALE: You guys cannot barge in here like this. I know you are used to dealing with people who are scared and vulnerable, but if you don't get out of this truck, I will patch cock you.
UNIDENTIFIED MALE: What did they do give up everything so I can grow up in a country that we thought was the most compassionate place in the world?
UNIDENTIFIED MALE: Sorry, kid. We are just following government orders.
(END VIDEO CLIP)
PIRRO: Here now from the Center on Immigration Studies, Jessica Vaughan, and former DHS supervisor, Jason Piccolo.
All right. Thanks for being with us.
Now, I got to tell you I watched that and for all the time I spent with cops, I mean, their lives are on the line every day. First of all, does anyone know what the word spatchcock means?
JASON PICCOLO, FORMER DHS SUPERVISOR: Not at all.
JESSICA VAUGHAN, CENTER FOR IMMIGRATION STUDIES: Yes, it's a way to prepare a chicken by cutting it in half and smashing it down.
PIRRO: OK. So, Murphy Brown says she wants to spatchcock border agents which is what a butcher does to a turkey. What does that tell you, Jessica?
VAUGHAN: Well, it's insulting to ICE agents who go out and put their lives on the line every day to remove criminal aliens who, you know, from our country to don't deserve to be here and who keep the neighborhoods that Murphy Brown and Candace Bergmanns live in safe. So, you know, that's ridiculous statement for her to have made and insulting. And, you know, I think it's shocking that, you know, that came so sort of casually out of her script.
PIRRO: Yes. And she did go off script because, of course, she is Hollywood and she thinks very strongly about this and let her, you know, if she needs a cop sometime deal with that.
But, Jason, let me ask you, you get this. You are on the ground. While the government hesitates to pass immigration, so-called reform, and I still don't know why it's a broken immigration system, the only thing that's broken is the law, but, narcos and smugglers continue to conduct human trafficking, something like 80 percent of the drugs coming into this country are coming through the southern border. We're in an opioid crisis. China is playing a role fentanyl as well.
What is wrong with protecting our people from the poison that is coming through?
PICCOLO: There is nothing wrong with it. And, like you said, there are smugglers and traffickers are using it to their advantage. We are talking multi-billion-dollar a year industry for them. They are doing everything they can to keep immigration reform off the table.
PIRRO: Well, you know, the -- one of the things, the criminal aliens removing bad actors from our street of course is the goal of ICE. Yet, they object to ICE, they object to them doing their job. And even when their statistics are incredibly high in terms of drugs that they get off the streets, children that they protect in terms of human trafficking, they are still being criticized.
And so, I guess the question is, why is it that or maybe that's the answer that Americans now see immigration as one of the biggest issues and most the biggest issue our country is facing? Jessica?
VAUGHAN: Well, that's right. The immigration issue is one of the issues where there is the biggest difference between elite groups and American society and regular Americans. And so, this shows how out of touch people like actors in Hollywood and, you know, their script writers and others are that they don't -- they're not affected by illegal immigration. Their neighborhoods are not affected by it. They don't understand that Americans are suffering by our failure to enforce immigration laws.
That, you know, people have lost family members because of our failure to enforce immigration laws. People have seen their schools having problems dealing with the number of people that they are forced to accommodate, taxpayers bills going up and quality of life declining in certain communities. And this is not affecting the Murphy Browns and the Candace Bergens but it is affecting regular Americans.
And that's -- they just don't get it because they are not affected by it. But I wish they had some sympathy for the people who are, who have lost jobs or, you know, lost family members because of illegal immigration.
PIRRO: And you know, Art, in terms of getting some legislation passed -- sorry, Jason -- in terms of legislation, I mean, do you think there is any chance you guys at the border have any hope that this thing is going to work? How does it all end?
PICCOLO: We are going to have to piecemeal it. There is no way comprehensive immigration reform is going to be passed. And until it's passed, the aliens are going to think they'll be able to come over here and get a foothold and the optics down south and Central America are that, hey, get over here before we pass something. So we need to piecemeal this out.
PIRRO: Well, you know, maybe it will happen that way. Maybe it won't. But the president is threatening, you know, to stop all entrance from the southern border or shutting down the government. We'll see what happens.
Anyway, Jessica, Jason, thanks so much for being with us tonight.
PICCOLO: Thank you.
PIRRO: All right. And when we come back, House Republicans hit James Comey and Loretta Lynch with subpoenas, finally. The full story directly ahead.
(COMMERCIAL BREAK)
PIRRO: Welcome back to this special edition of "Hannity: Law and Order in America."
The Mueller Hunt is ongoing. But Republicans are still in the process of getting to the bottom of why exactly the Justice Department let Hillary Clinton off so easy. On Monday, the GOP-led House Judiciary Committee issued subpoenas to both James Comey and Obama Attorney General Loretta Lynch as parts of its investigation into several controversial decisions by the DOJ in 2016, the year the Russia probe began.
Comey pushed back on Twitter writing, quote: Happy Thanksgiving, got a subpoena from House Republicans. I'm still happy to sit in the light and answer all questions but I will resist a closed door thing because I've seen enough of their selective leaking and distortion. Let's have a hearing and invite everyone to see.
Meanwhile, Roger Stone associate Jerome Corsi is reportedly in talks with the special counsel about a plea deal. On YouTube, Corsi discussed the status of his case. Take a look.
(BEGIN VIDEO CLIP)
JEROME CORSI, ROGER STONE ASSOCIATE: I fully anticipated the next few days I will be indicted by Mueller for some form or another of giving false information to the special counsel or to one of the other grand jury or however they want to do the indictment. But I'm going to be criminally charged.
(END VIDEO CLIP)
PIRRO: Wow, all this as Senate Intelligence Chairman Richard Burr says the Senate Russia probe is expected to go on well into 2019.
Joining me now with reaction, author of "Jesus is Risen," a lawyer, my lawyer who has also done some legal work for me in the past, David Limbaugh, and also joining me is House Judiciary Committee member, Congressman Matt Gaetz, and FOX News contributor, my pal Doug Schoen.
All right. I've got to start with Congressman Gaetz on this.
Richard Burr, their investigation into the Russia collusion is going to go into 2019 and this guy is a Republican? What's going on?
REP. MATT GAETZ (R-FL), HOUSE JUDICIARY COMMITTEE: Judge, the Republican investigations here have been too slow and too secret. Here we are now in the lame duck Congress and only now are we having subpoenas go out to Comey and Lynch. Those should have happened immediately when the inspector general issued his report that showed there were these irregularities in the Hillary Clinton investigation that resulted in no one really being held accountable when the law was not followed by Comey and by others.
So, when you look at the total sum of what the Republicans have done, we drained the swamp of Comey by exposing him. McCabe, Page, and in fact the inspector general said never before has the top layers of the FBI been cleared out by this. But the fair criticism of us that you and others have logged is that we just didn't do it fast enough to actually hold Hillary Clinton and the people associated with her accountable and we never had a partner in Jeff Sessions.
PIRRO: Well, you know -- forget Jeff Sessions, how about your own leader in the House?
PIRRO: Well, look, we have got leadership in the Congress and in the Judiciary Committee that's got one foot out the door and maybe that's one reason why we didn't stick with tough enough schedule. The most important thing we can do as we prepare for Democrat control is to ensure that Jim Jordan is the Republican leader of the Judiciary Committee that way we won't have low energy oversight we will actually have a real fighter.
PIRRO: Let's hope so.
All right. David Limbaugh, I'm going to go to you on this. Look, Jim Comey says I want to be out in the sunlight and I want to resist that subpoena. So he is moving to challenge the subpoena.
All right. They want him to testify before a House Committee on December 3rd. January 3rd is when the Democrats take over. So, you got Jim Comey's lawyer there, David Kelly, who I suspect will write a brief that's 29 pages long and then get a judge to take three weeks to not even render a decision and then we're nowhere with James Comey.
Am I right or wrong?
DAVID LIMBAUGH, "JESUS IS RISEN" AUTHOR: You are right about that. And, you know, how preposterous is it for Comey to complain about leaks when he is the master of leaks. He leaked something to deliberately start this special counsel investigation. He is trying to inflame the Democrats because he thinks this is going to be fought in the court of public opinion because he has no real basis.
What really frosts me, Judge, is that he bent over backwards not to indict Hillary after he laid out air tight case against her and then he claimed a standard that there is no -- that had you to have a specific intent to violate the criminal law. Nobody believed that, and so, he bent backwards and the IG said he was insubordinate. Why was he so willing or so adamant about not indicting her that he was willing to be insubordinate to his superiors and not indict her? You need this hearing. The public has a right to know.
PIRRO: By the way, I'm not so impressed with this guy Horowitz either to be honest with you. Insubordinate who was he to get out of his lane as the head of the FBI and say, I'm going to speak for the attorney general and not notify anyone allegedly. But I'm sure emails will come up.
I mean, don't you agree with that, Doug? You're a Democrat.
DOUG SCHOEN, FOX NEWS CONTRIBUTOR: I'm a Democrat I wish I could sit here and say we have all of the answers. In fact, we have none of the answers, Judge. I think what Comey did in July of '96 was wrong --
PIRRO: Of 2016.
SCHOEN: Yes, of 2016, I apologize.
And in October, I thought what he did again was wrong. I would like to get to the bottom of why he did what he did and get him under oath and hear the answers to those questions.
PIRRO: OK, but isn't it outrageous guys when you think about it and David Limbaugh made a major point of it. This guy is a major leaker. He is the guy who leaked the information to his Columbia law professor friend who we employed as a non-government employee. And he says, I needed to get stuff into the public square, so he has stuff --
(CROSSTALK)
SCHOEN: We should see if there was anything that was --
PIRRO: Again, I don't want to know what he wants to show us. Here's thing, he was the head of the FBI. He ran the biggest law enforcement agency in the world, and when he gets fired, he needs to get something in the public square which he could have done if he was the head of the FBI?
SCHOEN: Which could have been classified, but I think we should try to find that out, too.
PIRRO: All right. Congressman Gaetz, go ahead.
GAETZ: Yes. Judge, I actually have no objection to having this hearing in public. If anything, I've been critical of Republicans who think that the way to go after corruption is to have more meetings behind closed doors. I think we should have had every one of these interviews before the American people, ask tough questions, hear the answers, because, you know, it's very frustrating when you come back from behind closed doors, Democrats say one thing and Republicans say the other and you don't have the American people in a position to make appropriate judgments.
I hope going forward, more transparency will lead to accountability that we have been calling for.
PIRRO: You know, David, having -- given the fact that here we are, you know, scheduling the return on the subpoena for December 3rd -- I mean, are we ever going to know what's happened? The House is now in charge of investigations. I mean, you've got Adam Schiff. I mean, even if Mueller finishes his investigation. You are the lawyer on the panel. If Mueller finish, those guys are going to continue going.
DAVID LIMBAUGH, AUTHOR & ATTORNEY: Yes. I hope they just make asses of themselves and it backfires in 2020. I agree with the congressman that I have no problem with this being made public. In fact, Comey already made it public will all his interviews when he went out on his book tour.
And if you remember, his explanations didn't pass the leftist. Let him do this under oath and see how far he can go and who he can convince that he had a legitimate basis not to indict Hillary Clinton. It wasn't connected to his political and partisan purposes.
PIRRO: All right. And David, what about this guy Corsi? I mean, what is the significance of his plea?
LIMBAUGH: Well, before he was saying he knew nothing. He had no first-hand knowledge of anything concerning WikiLeaks and Julian Assange. But there is some, I think, Mueller is trying to connect Trump to Assange to WikiLeaks indirectly through Stone and Corsi. And I obviously can't vouch for Stone and Corsi.
But I do know that they are a little nervous about it. But I don't think there is any connection in reality. I think maybe Stone was engaged in a little puffery when he said he predicted this and Corsi predicted these leaks were going to come out. I think he just hit on it accidentally.
But any crime that would have been committed is going to be a process claim. Nothing to do with the substance of this investigation.
PIRRO: Right, right. All right.
LIMBAUGH: This entire thing has been a process thing.
PIRRO: You know, and Congressman Gaetz, you know, when we heard so much about Loretta Lynch and Bill Clinton on that tarmac. Only because some local reporter knew what was going on.
GAETZ: Yes.
PIRRO: We know there was no documentation. Everybody said there were no e- mails between the FBI and DOJ and, of course, there were Loretta Lynch used a different name, and on and on and on. How do these people -- how are they not even brought up on disciplinary charges before at least the attorneys' grievance committees?
GAETZ: Well, you are absolutely right. Loretta Lynch was engaged in concealment of her own behavior, of the FBI's behavior and of the chain of command really, that we are supposed to be able to rely on even when it is stressed to give just results.
I believe that there would be appropriate BAR grievances regarding the obstruction and frustration of justice that was supposed to be occurring. And frankly, this is what Jeff Sessions Department of Justice should have been doing. Over the last two years we had an opportunity to get the truth and show the American people--
PIRRO: Shame on them.
GAETZ: -- but because Jeff Sessions was so resistance to the calls for accountability and we just didn't get the right answers. I fear that where you may have a circumstance where Hillary Clinton, Loretta Lynch, and James Comey may never see the inside of the J. cell that they deserve. And shame on us for not being tougher during these last two years in the jury.
(CROSSTALK)
PIRRO: And you know what, shame on the Republican leadership. Anyway, gentlemen, thanks so much for being with us.
UNIDENTIFIED MALE: Thank you.
PIRRO: Next, you are not going to believe what Democrats are attacking President Trump for now. And the president takes a another shot at the far-left Ninth Circuit. Stay with us.
(COMMERCIAL BREAK)
PIRRO: Welcome back to this special edition of "Hannity: Law and Order in America."
On Thanksgiving, President Trump held a teleconference call with troops from all five military branches. Take a look.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We have a very powerful border now. We have the Concertina fencing and we have things that people don't even believe. We took all broken wall and we wrapped it with barbed wire plus. I guess you could really call it barbed wire plus. This is the ultimate.
And nobody is getting through these walls. And we are going to make sure they are the right people because that's what you and your family want and all of your families that's what they want. And that's why we are all fighting. You know, we're fighting for borders. We're fighting for our country. If we don't have borders, we don't have a country.
(END VIDEO CLIP)
PIRRO: Troops protecting America's borders, you wouldn't think this would be controversial but that doesn't stop prominent Democrats from blasting the president over it. Watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Do you think the president is politicizing our military?
SEN. JACK REED, (D) RHODE ISLAND: Absolutely. In the case of the border, this is not an effort to defend the nation. This is an effort to divide -- divide the nation for the politics of the last election. The troops are just sort of extras in his political campaign.
SEN. KAMALA HARRIS, (D) California: I believe that it is inappropriate to require the limited resources of the United States military to be used in such a way all because there needed to be some demonstration for the TV cameras based on a political agenda instead of what is a national security threat.
(END VIDEO CLIP)
PIRRO: Remember, Kamala Harris is the same woman who made the disgusting comparison of ICE to the KKK.
Here to talk about this and more, RNC national spokeswoman, Kayleigh McEnany, and Arizona congressman and House judiciary committee member, Andy Biggs.
All right. Congressman, I'm going to start with you. You know, let's talk about this back and forth between the president and Chief Justice John Roberts. The president, of course, continued today talking about the fact that, you know, judges are not necessarily all straight shooters. Are judges partisan?
REP. ANDY BIGGS, (R) ARIZONA: Well, judge, you know, I have tried a few cases in my time, and I can tell you that yes, on political issues I think some of them might have a little bias. And you can't tell me that some of the judges in the federal district court don't have an animus against Donald J. Trump and would wish that Hillary Clinton was still there.
You just can't -- nobody believes that that stretches credit credulity and quite frankly, it kind of shows that maybe Justice Roberts is projecting his own naivete, his own bias against bias, quite frankly.
But you know what really is problematic with that recent ruling, is that it was a lower court issuing once again a national injunction against this administration. And that's really problematic. We have got to stop those national injunctions.
PIRRO: And you know, congressman, I'm going to get your -- the bill that you are sponsoring. The bills that you are sponsoring. But I want to go to Kayleigh McEnany.
Kayleigh, the truth is that what we've got are we've got forum shopping on some of the biggest issues that involve our country. And in the last segment we talked about the fact that immigration is now for many people the number one issue.
How is it that they keep going to the ninth circuit or courts where, you know, it will move up to the ninth circuit and then some local, I'm calling him a local district judge, gets to do a temporary restraining order that enjoins the whole country? How does that work?
KAYLEIGH MCENANY, SPOKESPERSON, RNC: That's exactly right. Yes. You have partisan hacks out there finding the most liberal judge they can find to then level a decision that rebukes the power of the executive branch.
The president has vast power over immigration. That was decided in Trump versus Hawaii when the Supreme Court literally said he has the power to do this. It was after a judge in Hawaii unilaterally struck down the temporary travel ban. The Supreme Court, of course, upheld that now have you another liberal activist judge doing the same thing with this asylum executive order.
So, it's forum shopping. It's activist judges and it's the judiciary wielding power they do not have to rebuke the legitimate power of the executive branch as laid out in the Constitution of the United States.
PIRRO: And you know, with the chief justice getting involved it's almost is a tacit approval for these local district court judges to say, yes, I will enjoin the country. But anyway, President Trump yesterday continued his attack on the far-left ninth circuit of appeals. Look at this.
(BEGIN VIDEO CLIP)
TRUMP: We are getting some terrible decisions from the ninth circuit as usual. And it's a shame. It's a shame. It's a disgrace, frankly. Essentially, they are legislating. They are saying what to do.
Some judge sitting in some location very far away is telling our incredible military and law enforcement what to do and it's not right.
Hopefully we have shown some light on the ninth circuit. I know that Chief Justice Roberts, John Roberts has been speaking a little bit about it.
(END VIDEO CLIP)
PIRRO: You know, I got to tell you, congressman, I mean, when I was a judge, we never ever got involved in any way, shape, or form. And I said this the other night when I hosted HANNITY that it is so, to me, stunning that a Supreme Court justice would come out and push back at the president of the United States.
You know, the president is political. The Supreme Court justice is not, especially the chief justice. But let's talk about the ninth circuit and what we've got and how this circuit is, you know, considered almost a circus given their decisions.
BIGGS: Right. Well, we call it the 9th circus here. I mean it stretches from Alaska to almost the equator. It's by far the biggest. And we can't even get en banc hearing here as you know.
So, we are stacked up, we can't even get en banc hearing, and then quite frankly, Arizona and the inner mountain west, we are not really kind of copasetic with the California mentality and the coastal mentality.
I have a bill to split up the ninth circuit. We're just -- we can't seem to get any action on it partly because we have California representatives who want their portion of California--
PIRRO: Right.
BIGGS: -- out of the ninth circuit and into the new 12th circuit. And that's really what's going on.
PIRRO: All right. Kayleigh, you know, what the congressman is proposing is splitting the ninth circuit which now it has 29 justices. The largest in the country. And what he was referring to is the fact in his bill that the ninth circuit doesn't reflect the values of the state that he is from. And so, he wants to get out of it. And, I mean, is that something that we have seen done in the past?
MCENANY: well, the congressman is spot on. I think this is a great proposal. It makes a lot of sense. Because the ninth circuit doesn't just not represent the area over which they rule, they don't represent the United States of America. They're the most overturned circuit for a reason.
I mean, it's a fact. And you look at, by the way, I have got to say with Justice Roberts there, where was he being vocal when Ruth Bader Ginsburg came out against the president and made partisan comments that no justice has made like that in the past.
PIRRO: All right.
MCENANY: Where was he rebuking--
(CROSSTALK)
PIRRO: Or when Barack Obama went after the whole Supreme Court when he was giving his state of the union. But congressman, one more thing to you.
One of the arguments it would seem to me on your behalf to split that circuit is that there has got to be delays. That circuit has to have a lot of cases given the huge number of states. I mean, you know, it's like -- it's California, it's Montana. It's the State of Washington. Give me all of them. It's Arizona.
BIGGS: You can't even -- who can name them all because we are talking territories that stretch down to the equator. But are -- part of problems is they have twice as many cases, at least, that one issue.
And the other issue is, think of where, if you are living in Montana if you are on the east side of Montana and you have to go to San Francisco to have your case heard, that's problematic. And so, they say well, we heard on, we can Skype it or something like that.
PIRRO: Yes.
BIGGS: That's not real. That's not real anymore.
PIRRO: Right. Right. All right. Thanks so much to both of you. And next, we're going to tell you about one of President Trump's most bipartisan proposals but will Democrats swallow their pride and work with the president? Analysis ahead.
(COMMERCIAL BREAK)
PIRRO: Welcome back to special edition of "Hannity: Law and Order in America."
President Trump is continuing to call on the Senate to pass a major prison reform bill tweeting earlier today, that leaders Mitch McConnell and Chuck Schumer quote, "have a real chance to do something so badly needed in our country already passed with big vote in the House. Would be a major victory for all."
The first step act which would do things like shorten mandatory minimum sentence for some drug convictions has the endorsement of the president and many in the GOP. But is also facing Republican opposition from senators like Tom Cotton from Arkansas.
Joining us for reaction is CORE national spokesman, Niger Innis, and Republican strategist, Noelle Nikpour. All right, Nigel, talk to me, why is this first step important to get passed?
NIGER INNIS, NATIONAL SPOKESPERSON, CONGRESS OF RACIAL EQUALITY: Well, it's important that they get some type of legislation, criminal justice reform passed before queen Nancy and chair people like mad Maxine Waters and Castro's (Ph) granddaughter Ocasio-Cortez come to town with a Democratic majority.
I mean, you have an extraordinary coalition multi-ideological folk from as far as to the right as the Christian coalition and small government libertarian conservative and Republicans, but you also have, of course, the usual suspects within the ACLU liberal crowd that have come together in this coalition.
And so, I think that time is now it's already passed the House of Representatives. It's in the Senate. Now is the time to get it done because should they have to revisit this when Nancy Pelosi is wielding the gavel then it's going to be a much worse bill than what it is right now.
PIRRO: OK. All right. So, Noelle, what Niger is saying is that, you know, I think on the one hand it's great if they can work together. I mean, it's a positive thing. But on the other hand, he is saying it could get even more and more liberal and that would cause them to not agree on anything.
NOELLE NIKPOUR, REPUBLICAN STRATEGIST: Well, Yes. And that's not what Trump was trying to do by putting this together by letting it go far, far left. I mean, this is about second chances. And I think for Trump, Trump is the winner no matter what happens. Because this is our president trying to show unity from the right and from the left to ask Schumer and McConnell to work together.
This is what the country really needs. And it's really great when you see a president try to make both sides work together on it. Now, if they do not, if they don't, if they end up not working together like what Niger said, if they end up getting washed in the wash and going way left, then that's a real shame. But you know whose fault it is, it's the bipartisanship brand fault. It is not President Trump's fault.
PIRRO: And you know what, Niger, it's also sad, I mean, for those people who would benefit from it. Look, nobody believes in prosecution and criminals and sentencing, you know, more than I do.
INNIS: Right.
PIRRO: But I also understand that this effort to reform this bill, you know, that Jared Kushner has worked so hard on, has brought so many from the left and right together is something that can help people who have a stigma when they get out of jail, who don't have the ability to get out there and even get a job. Who, at some point, feel I can't get a job. This will help them.
INNIS: That is a key what you just said, Jeanine. This is about reintegration. What happens to these individuals when they serve their time and they get reintegrated into these communities. Do they go back into pursuing that old life of crime or do they become productive citizens of our society? I think the goal here is laudable.
And what they are trying to do with job training programs, with incentives for good behavior while behind bars that these are attempts to start the integration or reintegration process while they are still in prison.
The goals are laudable. Having said that, Senator Tom Cotton and some other conservative Republicans have raised some legitimate questions and concerns that should be debated.
PIRRO: Right.
INNIS: So, there's no reason that Mitch McConnell should not bring this to the floor and let Tom Cotton and others that may have reservations offer amendments, debate the issue but get this thing done before January.
PIRRO: What do you think the chances are of that, Noelle.
NIKPOUR: Well, I think the chances are pretty good for that because I think that people are going to want to honor his wishes.
PIRRO: All right. We'll be right back. Thanks to both of you.
(COMMERCIAL BREAK)
PIRRO: Welcome back to this special edition of "Hannity: Law and Order in America."
You know, it wouldn't be a post-Thanksgiving show without covering the black Friday chaos currently underway in shopping malls across the country.
Every year people literally trample, climb over, fight each other to score the best deals before Christmas, this year, has been no different, where people flooding malls and department stores nationwide hoping to grab the items on their family's wish list at a discount.
Now unfortunately, that's all the time we have left this evening. But this holiday season be sure to grab a copy of my latest book, "Liars, Leakers, and Liberals: The Case Against the Anti-Trump Conspiracy." A perfect gift for the political junky in your life, and you don't have to fight your way to get it.
And don't miss my show "Justice," tomorrow night with Judge Jeanine at 9 p.m. Eastern right here on the Fox News Channel. I'll be joined by Michelle Malkin, Steve Doocy, it's always a hoot. Sean Hannity will be back on Monday with another can't-miss show. Thanks for being with us.
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