Obama-appointee gets Trump border lawsuit

This is a rush transcript from "The Ingraham Angle," February 20, 2019. This copy may not be in its final form and may be updated.

LAURA INGRAHAM, HOST: All right. I'm Laura Ingraham this is “The Ingraham Angle” from Washington tonight. A remarkable yet, I don't know, it's a totally predictable turn of events in the Jussie Smollett case.

The Empire actor now officially indicted on a felony charge for filing a false police report. A live update from the ground and shocking new video from Chicago just moments away. Also, tonight, less than a week after Trump's new AG was confirmed, reports that Mueller's investigation could be coming to an end next week. Wow, we have exclusive reaction there. Plus, what did John Wayne and Barack Obama have in common? They're both part of a campaign as seen and unseen with Raymond Arroyo But we begin with the breaking news alert out of Chicago, the Cook County State's Attorney has just filed a felony charge against Smollett with felony disorderly conduct. That's what it's called for filing a false police report. Mike Tobin joining us now from outside Chicago PD with all the details. Mike?

MIKE TOBIN, REPORTER: I just saw a little bit of my lead there, but Jussie Smollett, star, singer and now suspect charged with that disorderly conduct, a felony in this case. We've got a release from his legal team reading as follows: Like any other citizen, Mr. Smollett enjoys a presumption of innocence particularly when there has been an investigation like this one, where information both true and false has been repeatedly leaked. Given these circumstances we intend to conduct a thorough investigation and mount an aggressive defense.

The Osundairo brothers once considered potential suspects testify for two and a half hours before a grand jury today. Their attorney says, they were paid in the alleged hoax, but the payment doesn't fit the narrative that we know. She says, the brothers are speaking to investigators because they had a change of heart and determined that the truth needs to come out. (BEGIN VIDEO CLIP)

TOBIN: What is their disposition right now? They've been through a lot.

GLORIA SCHMIDT, JUSSIE SMOLLETT'S ATTORNEY: They've been through a lot. Absolutely. I think the American people has been through a lot too. So, they were eager to tell their story. (END VIDEO CLIP)

TOBIN: And Gloria Schmidt, the Attorney says that Jussie Smollett must have trouble sleeping at night and he needs to come clean. Chicago Police say they are in touch with Smollett's legal team and they are negotiating terms for his release. They're negotiating a reasonable surrender for him to turn himself in. He's got a bond hearing at 1:30 tomorrow. Laura. INGRAHAM: Mike, thanks for that report. We'll be following it all throughout the night. We really appreciate it. And now Victimhood U. That's the focus of tonight's “Angle.”

As we see polls showing young people slouching towards socialism, it got me thinking. Why is this happening? Why would they embrace a system that has proven itself such a colossal failure? Think about it. A contraction of liberty. A scarcity of goods. Scarce medicine. And power concentrated in the hands of governmental authorities. Socialism, she can - I think be in part attributed to its new spokesman. People like Congresswoman Alexandria Ocasio-Cortez. Because the key to understanding this fanatical fad is that when you're a socialist, facts are kind of irrelevant. Now why? Well, they're irrelevant because the ends, in a supposedly more equal society, justify the means. (BEGIN VIDEO CLIP)

REP. ALEXANDRIA OCASIO-CORTEZ, D-N.Y.: If people want to really blow up one figure here or one word there, I would argue that they're missing the forest for the trees. I think that there is a lot of people more concerned about being precisely, factually and semantically correct than about being morally right.


INGRAHAM: OK. But what is the source of your morality, AOC. It's morality according to whom? Marx angles someone else? And I thought we weren't supposed to impose our morality on others when it came to issues like life or marriage, but when a liberal can't claims moral superiority, all the rules change.

Now consider the situation on campuses today. Free thought and free speech have been marginalized or altogether obliterated and they're marginalized or obliterated in favor of forced adherence to the ever-changing leftist credo. A credo where Marxism trumps the free market and trigger warnings beat down free thought.

The Young Americas Foundation just released a study of courses that are being offered at some Ivy League colleges. A few of these are real howlers. Check them out, last semester at Columbia, you could have taken a class called fascism, aesthetics and politics. The election of President Donald Trump has renewed interest in the examination of fascism as an ideology, as a political movement and as a form of governance.

Last fall at Cornell, students took histories of the apocalypse from Nostradamus to nuclear winter. Brexit. Immigration and the election of Donald Trump have all been recently heralded as signs of an imminent apocalypse, very understated.

And then at Harvard, why not pay $70,000 a year in tuition to study, "journalism" in the age of Trump. President Trump's declared war on fake news, his attacks on the press as enemies of the people as well as secular changes in technology and the ways in which the news is produced and delivered have combined to undermine the very notion of truth.

The political indoctrination is one aspect of what universities are doing to mess with young minds. But there is a lot more. Parents also pay hundreds of thousands of dollars in total for their kids to marinate in an entitled - It's kind of a pseudo intellectual grievance culture. Professors and administrators have founded their own type of religion whose adherents are required to embrace manufactured anger and complete oppression.

Now consider the case of a small school called The Evergreen State College. Documentarian Mike Nana captured this rise of leftist authoritarianism in real time and he interviewed professors who could see the ideology of racism and white privilege suffocating free expression on campus. Now check this out. These are actual faculty members of Evergreen State College.


UNIDENTIFIED FEMALE: Racism exists today in both traditional and modern forms. Racism is an institutionalized multilayered multi-level system that distributes unequal power and resources between white people and people of color as socially identified and disproportionately benefits whites. The racial status quo is comfortable for most whites. Therefore, anything that maintains white comfort is suspect.


INGRAHAM: While these professor activists have a very ambitious agenda and a very dark ominous view of life in 21st century America.


UNIDENTIFIED FEMALE: We galvanize white privilege in the form of curriculum. Exulting white canons of fine art, literature, theory and scientific thinking. More so, we don't examine how those canons are made.


INGRAHAM: Well these people sound like their cult members, not faculty members.


UNIDENTIFIED MALE: I believe Evergreen can create a more vibrant community of anti-racist activists on our staff and faculty and among our students. If we break our 45-year pattern of occasionally turning toward these issues briefly with deep, but short run commitment that fades, fades and fades.


INGRAHAM: I'm fading. OK. It doesn't matter that students or faculty on campus don't really show signs of racism or it doesn't matter that they engage in racism because to this thinking racism is just in the air. It's in the water of our country's founding. So, anyone who fails to stand and fight against this oppressive backdrop is guilty. So, minorities in this view are cast as perpetual victims and the universities then reward them for wearing the I'm oppressed chips on their shoulders. Here's just a sample of what the group thinks sounds like. This is a meeting of the Evergreen State College Equity Council and the guest speaker Robin D'Angelo.


ROBIN D'ANGELO, GUEST SPEAKER: There is a sea of people engaged in a shared delusion. And then there is a few people witnessing the delusion and isolated unable to exchange words or anything. That sense of being alone in a crowd is profound.

UNIDENTIFIED FEMALE: Anti-racist frame understands racism as a system. While individual players partake and it's not dependent on individual players. It's embedded in the fabric of the society and it functions to ensure an unequal distribution of basically everything between people of color as a whole and white people as a whole.


INGRAHAM: Now note the almost religious certitude that these radicals possess. This is their religion, because they are the oracles and anyone who does not accept their ideology, their religious fervor is simply unjust. If you're a racist, if you don't accept it and thus you must be resisted and driven into silence on a college campus at all costs. This is a kind of mental totalitarianism and it's not just confined to faculty meetings or classrooms. Students are being brainwashed into accepting this group think.

Now a few weeks ago Dinesh D'Souza spoke at our alma mater of Dartmouth College and was greeted this way.


UNIDENTIFIED MALE: Go home, racist.


INGRAHAM: That's very tolerant, isn't it? Now, how can they get away with treating an Indian, an immigrant, and a person of color let alone an alumni of the college that way. Well, because as a conservative, Dinesh does not count. He doesn't buy into their oppression narrative, so he's just as guilty as a white unyoke lacrosse player who grew up in Greenwich, who goes to an Ivy League school.

And my friends, there is victimhood obsession of course has infected now society at large because they want us all to live on their college campus. Think about this Jussie Smollett case. Even when his wild allegations couldn't be substantiated, even after it appears that Smollett himself organized the attack, he initially blamed on MAGA hat wearing racists and even after he was charged with filing a false police report, in the eyes of these folks, none of it matters. He ultimately gets a pass in their eyes because the story fit the left's narrative, and he is morally right in their eyes even if kind of confused and sad regarding these current set of facts.

And regardless of facts, anyway Trump and his followers are according to them violent racists. And if you disagree with that, well you're a racist yourself. Playing by the university rulebook. Well, dissent is not allowed. And liberal victims fake or otherwise are entitled to mercy. 20th Century Fox issued a statement today reading Jussie Smollett continues to be a consummate professional onset and as we have previously stated, he is not being written out of the show. We'll see if that changes with the news tonight.

I'm telling you, redemption is almost limitless when you are a liberal, I guess. The governor and lieutenant governor of Virginia know all about that. Roseanne though, wow, she's still waiting for her letter of apology. As parents, we have to use these examples to remind our children of what is expected of them. Teach them to respect themselves and of course their fellow man. To halt the spread of this victimhood menace, we have to teach kids to be self-reliant and self-sufficient. Because if you're a victim. You're going to need to be saved. And the left believes your savior is the government. I say, no thanks. I'll leave that to Jesus Christ. Thank you very much.

But we have all. Put this all aside for a moment. We have all been given gifts by the Almighty. A soul, a heart and mind capable of changing things for the better and making good choices out of our own freewill. And when you start to cling to victim Status, you're just giving away your power. You're letting others define you. We Americans are a lot better than that. And our kids deserve better than that what they're being fed on college campuses. So, let's expose the frauds and encourage more personal responsibility. And I bet we'll all be happier. And that's “The Angle.”

All right. We want to get back to this breaking news on Jussie Smollett now and what do community leaders in Chicago think about their city being used as part of a hoax and this kind of fits into the victimhood mentality we've been talking about tonight. And where did the Chicago police go from here to help us answer those questions. We're joined from Chicago by Tio Hardiman. He's a CEO of Violence Interrupters and former LAPD detective and Fox News contributor Mark Fuhrman.

Tio, I want to start with you. Now you're saying that community leaders, most of them knew from the start that this was fake. So, why were so many national politicians, top leaders in the Democrat Party and celebrities fooled.

TIO HARDIMAN, EXECUTIVE DIRECTOR, VIOLENCE INTERRUPTERS: Well, I was born and raised in Chicago. I know violence quite well here in Chicago, so I was one of the first community leaders that put this out on one of my LinkedIn post. I wrote a post about it because nobody really - if you get beat up for real in Chicago, nobody gets pimp slapped in Chicago, nobody gets a pass in other words and stories about people pouring bleach on somebody. That doesn't happen in Chicago and making a comment about a Chicago be Make America Great Again country that does not happen in Chicago.

So, if Jussie you know stays the attack, he's dead wrong, because he's receiving all the attention and we just had a one-year old child, a toddler shot in here named Baby Chase. And he's not getting any attention. And we have a 14 to 16 percent homicide clearance rate. And if Jussie is guilty of the charges, he's dead because he's taking much needed attention from a serious problem in Chicago. INGRAHAM: Mark pick up on that for a moment. 24 police officers were apparently assigned to this Smollett case. 24 and as Tio said, we had a chance to meet Tio when we did our special In Chicago some months back. That is an appalling and appallingly low rate of solved murders in the city. Yet you've got 24 people in total assigned to this case.

MARK FUHRMAN, FORMER LAPD DETECTIVE: Well, Laura, just not 24 people, you have 24 detectives and taking 24 detectives off of their caseload and taking them away from cases that are actually happening while they're doing this Smollett case is just absurd. I have never seen 24 detectives on anything short of a serial killer case. That is obscene amount of detectives for this kind of a case.

But the city officials wanted this out of the press as quickly as possible, so they wanted the suspects arrested and move on as quickly as possible. I understand that. But once they started investigating this, they started uncovering exactly what it was, they knew it was a hoax. As your guest would just describe, this smell from the beginning, it didn't look like a street crime. They didn't act like a street crime. Nothing about it was a street crime.

INGRAHAM: But let's go back to why this happen though.

FUHRMAN: Look terrible from the beginning.

INGRAHAM: Mark, you're 100 percent right. Tio is right. But why were so many in the country at large beyond the confines of Streeterville and maybe Inglewood and South Side of Chicago. Why were so many people willing to buy into this, Tio, because--

FUHRMAN: That's easy.

INGRAHAM: Go ahead, Mark and then Tio.


INGRAHAM: Mark first.

FUHRMAN: That's easy I mean--

INGRAHAM: Go ahead.

FUHRMAN: Go ahead. I'm sorry.

INGRAHAM: Mark, go ahead and then Tio.

FUHRMAN: It's easy to see exactly how this happened. When you've been on the street, you understand what things look like, what they feel like, what the sense of the crime. And when you're not, when you're removed and when you're a celebrity or a politician and you're removed from everything that happens in the real world, then you're going to buy into it because it fits your agenda and you're willing to jump in with both feet, because it's what you want to hear. You want to champion somebody for your cause.

INGRAHAM: Yes. Tio, I want to play something from the Good Morning America interview that Smollett did about whether people would have believed him more if he were not black. Let's watch.


SMOLLETT: I don't need some MAGA hat as the cherry on top of some racist sundae. It feels like if I had said, it was a Muslim or a Mexican or someone black. I feel like the doubters would have supported me a lot much more. A lot more. And that says a lot about the place that we are in our country right now.


INGRAHAM: OK, so that's it. He is talking about the perpetrators. Tio, so he was making a statement about the country as a whole. And that I find to be probably the most offensive thing about this in addition to taking all the time away from the police. Tio.

HARDIMAN: Well, right now Jussie needs some help. He's crying out for help. Something else is going on. Normally when people act out like this, is just a symptom of a major problem. And I would like to suggest that Terrence Howard who plays his father on Empire. Now he may have to serve as a role model father like figure in real life to Jussie, because right now something else is going on.

I've been in Chicago all my life and like I said, I've never ever heard of an attack like this and a Jussie should stop playing games with the people. If he's wrong, because he owes everybody in Chicago an apology due to the fact that we have people that are shot every day in Chicago, people that are killed - at least every other day in Chicago. Right now, from January 2019 until today, we have about 35 people have been killed in Chicago. Where's the news at about people being killed. He's taking resources from much needed communities where violence is running rampant out here. So, Jussie is wrong.

INGRAHAM: Let me just say this, guys to both of you. I'm not interested in his cry for help. I am interested in the cry for help from the family of that one-year old child who was killed.


INGRAHAM: So, Jussie's cry for help. I'm not frankly all that thrilled to talk about. I'm not really worried about him. He'll figure it out, but I am worried about the people Mark who don't get the benefit of the news coverage and the focus that he managed to galvanize because his political narrative fit what the left-wing media and the celebrity culture demanded. Mark, close it out.

HARDIMAN: Well, I couldn't agree with you more. We really don't care why Mr. Smollett decided to do this to create this hoax, we don't really care. What his career was either in the downward spiral or he was worried about being replaced. It really doesn't matter, it doesn't matter why, but it does matter that he thinks that he is more important than the people of Chicago, the people of the United States, the President, every detective that's working in the case, every person that's on the police department's has had to take their time and energy to solve a crime that the victim actually created himself. It's disgusting.

INGRAHAM: It's just they've got to throw the book at people who did this, because it has a toxic poisonous effect on our discourse and it's an attempt to tar this country in a very ominous terrible light. And it is infuriating on so many levels. There are real hate crimes out there and this was obviously a fraud. Both of you, thank you so much. Coming up, could the black cloud of the Mueller probe be lifted as early as next week. We're going to tell you exactly what the end of the Russia investigation really means. Plus, a new development to our reporting from last night of a former Alabama woman begging to come back to the U.S. after becoming an ISIS bride. Isn't that sweet? Did our show have a role. Well, that's next.


INGRAHAM: We have an update quickly on the story of one of those ISIS brides who is now begging to come back to the United States. Secretary of State Mike Pompeo says that this Alabama Woman, Hoda Muthana will not be allowed to return adding "she is not a U.S. citizen. She does not have any legal basis, no valid U.S. passport, no right to a passport nor any visa to travel to the United States. Well, her family's attorneys dispute those claims about the woman's citizenship and says, she was born in Jersey. They also claim that Muthana is an innocent victim.


HASSAN SHIBLY, HODA MUTHANA's FAMILY ATTORNEY: I think Hoda in that sense is another victim of damage. She resents them, she hates them, she hates what they brainwashed her into becoming and she honestly is tremendously relieved now that she sees the light and is speaking out against them, I think in a sense it's very cathartic for her that she's finally lifted this burden off her shoulders.


INGRAHAM: And that's the Cair sign is in the background, you see that. Great. Remember this is same 24-year-old who doesn't think she deserves any punishment for shacking up with not one, but three ISIS terrorists.


UNIDENTIFIED MALE: Do you think you deserve a punishment for what you did?

HODA MUTHANA, ISIS BRIDE: Maybe a therapy lessons, maybe a process that will insure us that will never do this again.


INGRAHAM: Maybe we can give her equine therapy. Well, last night on this show, Piers Morgan talked about her lack, completely lack of empathy.


PIERS MORGAN, EDITOR-IN-CHIEF, DAILYMAIL.COM: Now she wants to think, hey, I'm sorry. I know that the ISIS dream in Syria is over. I know that my ISIS terrorist husbands have now been killed. And I want to come home because I'm now reformed character. I'm not buying any of it. She remains a very clear and present danger to Americans and to American lives.


INGRAHAM: While she is currently being held at a refugee camp in Syria and apparently only came to the realization that joining ISIS was wrong this past Sunday. We're going to keep following this story for you. And also coming up now onto another important story.


TRUMP: That will be totally up to the new Attorney General. He's a tremendous man, a tremendous person who really respects this country and respects the Justice Department, so that'll be totally up to him.


INGRAHAM: Well, it's his second year now and the reports reveal it could be wrapped up as early as next week and once the Mueller report has been received by newly minted attorney General Bill Barr, he will then decide what to give to Congress if anything and to the public.

The investigation initiated by a bunch of rogue FBI agents has been an anchor, kind of an anvil around Donald Trump's Presidency since his earliest months in office. Here to unpack all this for us is John Yoo, Former Deputy Assistant Attorney General for Bush 43. Now, John a lot of folks and other networks contend tonight that Bill Barr is forcing an end to this investigation. What do you think?

JOHN YOO, FORMER DEPUTY ASSISTANT ATTORNEY GENERAL: I think that it's far, far from the truth. Under the regulations, under which Mueller was appointed, he's going to complete his investigation and submit a report to Bill Barr. Bill Barr as Attorney General then has to write his own report to Congress and Barr is the one who is going to decide how much of the report to make public.

Personally, I hope he makes all the public or as much as he can without revealing any secrets or grand jury testimony, because I think it's going to clear President Trump. I haven't seen any evidence of President Trump committing any crime. And so, when that report comes out that's going to, I think clear him the faster and better and more that's available. I think the better for President Trump and the country so we can get moving on to other important issue.

INGRAHAM: The former FBI Acting Director, Andy McCabe is hawking a book and he seems to be contradicting himself between interviews. Let's watch


UNIDENTIFIED MALE: Rosenstein was actually openly talking about whether there was a majority of the cabinet who would vote to remove the President.

ANDREW MCCABE, FORMER FBI ACTING DIRECTOR: That's correct. Counting votes or possible votes.

UNIDENTIFIED MALE: Did he present that idea to other cabinet officials because as you know he had to count heads to see. Do I have the votes to remove the President?

MCCABE: Not that I'm aware of. I have no indication.


INGRAHAM: It's a little fuzzy there for him. I mean the counting votes will present - not counting votes. YOO: Well, first of all, it shows how over their heads these people were.

INGRAHAM: That's a very benign way of looking at it.

YOO: Exactly.

INGRAHAM: Andy McCabe, he's over his head. He lied three times to the inspector general.

YOO: McCabe I don't think is over his head. I think Rosenstein was over his head and panicked and allowed these people who are clearly biased against President Trump to occupy the vacuum and push I think this insane idea to trigger the 25th Amendment against a sitting president who is able to perform the functions of the job. So I think what you see here --

INGRAHAM: Pne of them is lying. Rosenstein said it never happened. This guy said it happened, but he's a proven liar. It is pretty embarrassing, this whole story. The idea that an FBI director or acting director should be taking part in any meeting like this, it's unconscionable. But it demonstrates why this investigation was a fraud from the beginning.

YOO: McCabe has already found to have lied to investigators. Rosenstein if you read carefully what he says has not actually denied it. Rosenstein has actually said, well, I didn't actually carry out the wiretapping. He never denies that he talked to McCabe about it. I cannot believe at the highest echelons of our Justice Department, law enforcement officials were considering trying to remove the president under Constitutional provision which is for president sick or ill or have been shot.

INGRAHAM: And anytime he's pressed on it, he always falls back on these generalities, well, he fired Comey. He's totally entitled to fire Comey. All the things he claimed.

I want to play something. This is from our own Judge Napolitano on with Shepard Smith about whether this behavior could rise to the level of obstruction of justice, this alleged phone call with Acting Attorney General Mark Whitaker to put back a judge who had recused himself on the Cohen case in the Southern District of New York. Let's watch.


SHEPARD SMITH, ANCHOR: The phone call would be evidence of what?

JUDGE ANDREW NAPOLITANO, SENIOR JUDICIAL ANALYST: Corrupt intent, that is an effort to use the levers of power of the government for a corrupt purpose.

SMITH: Would that be obstruction?

NAPOLITANO: Yes. Well, it would be attempted obstruction. It would only be obstruction if it succeeded. But if you tried to interfere with a criminal prosecution that may knock at your own door by putting your ally in there, that is clearly an attempt to obstruct justice.


YOO: I'm fond of Judge Napolitano, but I think he is wrong on this one, and he's actually insulting the personal ethics of the United States attorney and President Trump. There is no reason to think the U.S. attorney for the Southern District of New York, probably the most important federal prosecutor in the country outside Washington, would take that prosecution over and deliberately tank it to protect the president. That is an accusation against the ethics of and under the prosecutors who are working for him. So I think Judge Napolitano is just getting a little bit overexcited about this alleged phone call that's on the --

INGRAHAM: But the president is entitled to have an opinion. So the president, it's like, why is this guy recusing himself? This is ridiculous. Why are people recusing -- I'm just guessing. I bet that is what he said if he said anything. That's what he said.

YOO: The president is entitled to more than an opinion. He's entitled to appoint the officers who are --

INGRAHAM: Who aren't going to be recusing themselves every five seconds.

YOO: Exactly. Under the Constitution, he's the chief prosecutor. All the prosecutors work for him. He gets to appoint the people who serve in office.

INGRAHAM: Where are we right now? This Mueller thing has been going on for two years, we get a sense it's winding down. Not only is there nothing there, most likely, but the entire basis for starting this investigation seems politically motivated.

YOO: I think it goes back to the first segment you had. It goes back to Rosenstein being panicked, over his head, and McCabe and these biased FBI agents filling the vacuum and launching an investigation. It is not clear it couldn't have just been handled by regular prosecutors, regular DOJ, and it would have been over a long time ago. So I think what is going to will happen, I hope Attorney General Barr releases it to the public. I think it is to Trump's advantage for everyone to see that. And then the forum will really move to Congress. If Congress wants to try to launch impeachment investigations, let them have at it.

INGRAHAM: Good luck. We all remember what happens when they did that to Bill Clinton. It didn't work out so well for the Republicans. John Yoo, thank you so much.

And coming up, the pathetic culture war ensnaring a Hollywood star who has been dead for 40 years, and Obama is speaking out on the culture. And I am astounded? Yes, "Seen and Unseen" with Raymond Arroyo, next.


INGRAHAM: It's time for our "Seen and Unseen" segment where we expose the big cultural stories of the day. And tonight's segment has it all, John Wayne, vampires, and Barack Obama. Joining us now with details Raymond Arroyo, FOX News contributor, and "New York Times" bestselling author of, let me see that book, the brand new book out, I'm holding it, "Will Wilder and The Amulet of Power." And we are on page 132, and I promise that's how much we've read.


INGRAHAM: It is so good.

ARROYO: We're going to do a book report.

INGRAHAM: Raymond, why is John Wayne and the famous statue under assault?

ARROYO: A famous statue, Laura. We all know the famous kissing sailor image after the war, Alfred Eisenstaedt's photograph of V-J Day when the war came to an end, George Mendonsa, the sailor captured in the image, thought it was an important momentum of the war.


GEORGE MENDONSA, SAILOR IN FAMOUS WORLD WAR II "KISSING SAILOR" PHOTO: The picture is still known around the whole world as a symbol of the end of World War II. This is one of the good things that ever happened to me.


ARROYO: Mendonsa died this week, God bless him. In the wake of his death, a statute capturing that moment was defaced with the words "#MeToo." The implication being that the nurse in the picture did not consent to be kissed. This is related to an Internet sensation, trolls dug up a 1971 "Playboy" interview with John Wayne. The acting legend in the interview, he refers to gays using a pejorative, says Indians were selfishly trying to keep this land, and he's glad we took it from them. And then he says this, "With a lot of blacks, there's quite a bit of resentment along with their dissent, and possibly rightfully so. But we can't all of a sudden get down on our knees and turn everything over to the leadership of the blacks. I believe in white supremacy," Duke said, "until the blacks are educated to the point of responsibility."

Laura, what I don't like about both of these stories is we are judging the past in the light of shifting moral, ethic, and cultural codes of today. We can't do that.

INGRAHAM: They are either defacing statues or pulling them down. And I have said this before and I'm going to keep saying this. This is what the Taliban does. The Taliban used to rip down historical markers, destroy churches, ISIS did the same thing, does the same thing. They don't want any vestige of what was. Even if it is bad, they don't want any vestige. Even if it is good, they don't want any.

ARROYO: But these are two iconic images of America, John Wayne, the sailor, the release, freedom. They're impugning America.

INGRAHAM: That's a two-for for the left.

ARROYO: They are impugning America. And if you want to settle a racist score, if you want to go settle scores, talk to Jussie Smollett. Go talk to the governor and lieutenant governor of Virginia. They've got plenty of scores to settle there. Deal with the living, not the dead. We can't go back to a man who has been dead for 40 years and an interview 50 years old. He was born in 1907, by the way.

INGRAHAM: OK. And that interview has been up there 40, 50 years.

ARROYO: At least.

Laura, on HBO's "Silicon Valley," some these high-tech titans get blood transfusions from young people in an effort to stave off age. This is actually based in reality. There are tech moguls who are obsessed with this practice of trying to stay young. Well, the FDA came out claiming that this young blood movement, which is supposed to help memory loss and slow aging, is fraudulent. They claim it is dangerous and could lead to infections, allergic, respiratory, and cardiovascular risk. What do you make of these vampires, elderly vampires?

INGRAHAM: They obviously don't believe that the next place they'll go would be better.

ARROYO: It doesn't work.

INGRAHAM: But it is like sleeping in the oxygen chamber, OK. It's like, guess what? As Thurgood Marshall said, he said I'm getting old. Things are falling off me. That is what happens, OK?

ARROYO: Rather than taking blood from the young, spend time with them. You can capture their spirit. That's what people should be doing.

INGRAHAM: Don't they know that the aging involved in your cellular makeup? Do you know your cells are dying right now?

ARROYO: We are running out of time.

INGRAHAM: Former President Barack Obama spoke at My Brother's Keeper event this week and talked pop culture and its effect on young men.


BARACK OBAMA, FORMER PRESIDENT: Let's face it, a lot of hip-hop and rap music is built around me showing how I got more money than you, I can disrespect you and you can't do nothing about it, I'm going to talk about you, and punk you. If you are very confident about your sexuality, you don't have to have eight women around you twerking.



INGRAHAM: I like how he said "sexuality." Is that a Hawaiian accent? Chicago. But he's good on this.

ARROYO: He has been very good here.

INGRAHAM: He has been good. And My Brother's Keeper initiative was one of the best things he did as president. I actually liked it.

ARROYO: I agree. And his example as a father.

INGRAHAM: A great dad, and I like the fact that he's talking about hip- hop. Some of it is fun, but --

ARROYO: I hope he uses his perch at Netflix, his production deal, to put forward positive images for men across the political --

INGRAHAM: Yes, it doesn't matter what race you are. It doesn't matter.

ARROYO: I agree.

INGRAHAM: And before you go, tell me about this -- I know the book because we are reading the book because my sons and I are reading the book, Maria, sorry, she's not. But she's a little older. But they love this book just out, "Will Wilder, The Amulet of Power."

ARROYO: Let me tell you, first, it's an adventure for the whole family. I love, and I will show you some of these images, Laura. I've been getting images from young readers. When I go on tour and I see these kids, how excited they are about having the book, the adventure they go one. This is about a 12-year-old who does what we all wish we could have done at that age, get an amulet that gives us super powers. It's based in Sampson which is the model of all these superheroes. But what I love about it, it ends up being really a discussion and an adventure about the true source of power and strength, where it comes from. And I think that battle between good and evil, kids recognize it. It's good to lean into it and explain it --

INGRAHAM: I will just say one thing. It begins at the Louvre.

ARROYO: It does, at World War II.

INGRAHAM: In World War II, at the Louvre, and he has an ability to see evil.

ARROYO: Yes. I wonder where that came from.

INGRAHAM: I'm in Washington. I see evil all the time.

ARROYO: Me, too.

INGRAHAM: Big deal, Will Wilder, in your pith helmet. Raymond, congratulations.

ARROYO: Thank you.

INGRAHAM: And does the American left care more about the civil liberties of illegals or keeping America safe? The latest examples of illegal crimes are unreal. They're never covered. We're going to cover it with Tom Homan next.

Plus, my Twitter smackdown of the day is still to come. A certain Democratic congressman felt my wrath. It's so nice, though. Stay there.



DONALD TRUMP, PRESIDENT: We will have a national emergency. And we will then be sued. And they will sue us in the Ninth Circuit, even though it shouldn't be there. And we will possibly get a bad ruling. And then we'll get another bad ruling. And then we'll end up in the Supreme Court.


INGRAHAM: He's like Carnac from Carson. He had it all down. Of course, he was right. The 16 leftwing states suing President Trump. And of course, it's all been signed to Oakland, California, based Judge Haywood Gilliam, an Obama appointee. Perfect. This all played out just as Constitutional expert John Eastman and I predicted last night.


INGRAHAM: You can find a district court judge, as we have seen in all these challenges, John, to the president's temporary travel ban, some of the other moves. You can find a district court judge to issue a nationwide injunction, thwarting the president's policy, at least for a time.

JOHN EASTMAN, CONSTITUTIONAL EXPERT: They have. And they judge shop. They brought this in the northern district of California where --

INGRAHAM: Shocker.

EASTMAN: -- there's not a single judge that was appointed by a Republican.


INGRAHAM: We've got to get more judges on that court. The legal merits of the case are one thing, but there are plenty of glaring national security examples to support the president's move. Just this week, six illegals linked to Mexican cartel arrested in North Carolina for drug trafficking meth and heroin. Now, the massive operation including transporting large amounts of coke and meth across state lines. In Louisiana, U.S. Customs and Border Protection arrested a convicted child sex offender who had been previously deported. Heber Obed Hernandez-Martinez was convicted in 2009 of first-degree sexual offense involving a child and served 84 months in prison. After his release, they say he was deported I guess 2016, but then he made his way back here.

Joining me now to discuss is Tom Homan, former acting director of ICE, Fox News contributor. Tom we just learned tonight the House Democrats plan on introducing their own resolution blocking Trump's border and his border wall plan. Thoughts?

THOMAS HOMAN, FORMER ACTING ICE DIRECTOR: That doesn't surprise me. The president had it right from the beginning, right. He knew he was going to be sued. Everything he has done since he's been president to try to secure this border and try to enforce immigration laws, every time he has made a move, he's been sued. And he was right. Remember him and the chief justice had it out over some tweets, saying, well, the Ninth Circuit is weak and they're going to --

INGRAHAM: Totally right. John Roberts should be ashamed of himself.

HOMAN: Exactly. Sure enough, they went to the Ninth Circuit. You didn't seem them going to the Fifth Circuit, they're going to the Ninth Circuit, so of course they judge shop. But I think he wins this in the long run, I really do.

INGRAHAM: Larry Hogan, governor of Maryland, Republican, may run, primary President Trump. Good luck, Larry. Anyway, he said this on CBS this morning.


GOV. LARRY HOGAN, R-MD: I think the president made some real mistakes here, and I don't think using the declaration of emergency powers is the right thing to do. And I think it should be challenged. We have exaggerated what is going on at the border.


INGRAHAM: I don't know how much time he spent on the border, Tom. Maryland, it's bordering on insanity with taxes, but it's not a border.

HOMAN: I can guarantee you he hasn't been to the border. He hasn't talked to one man or woman in green. He certainly hasn't looked at the data on the border. Let's just look at the Border Patrol this past year. Arrested MS-13 members up 170 percent, seizure of Fentanyl up 184 percent, 17,000 criminals arrested crossing the border. ICE arrested 138,000 criminals aliens in this country here illegally that committed crimes. They didn't just appear here. They came through the southwest border. If anybody doesn't see it, they are ignoring the facts. It disappoints me. There are states considering a state sanctuary law right now.

INGRAHAM: Of course. Of course. Maryland, go all across Maryland. It's a haven for illegal immigrants, same thing northern Virginia. Fairfax County, go out to Prince William County. This whole area is now dealing with this.

HOMAN: And I'm surprised Larry Hogan says this since the have a serious MS-13 problem in Maryland.

INGRAHAM: The murder, the girl stabbed how many times, I think it was Maryland or Virginia, but it was a horrific crime.

This is what Elizabeth Warren, of course, I won't do an impersonation, but you heard it during the break. It is actually pretty good. Tom, let's hear what she has to say.


UNIDENTIFIED MALE: What would constitute a national emergency?

SEN. ELIZABETH WARREN, D-MASS.: Oh, let's do the list. Climate change, gun violence, student loan debt, right off at the top.



INGRAHAM: Student loan debt.

HOMAN: It is incredible. She talked about gun violence. Democrats just passed some legislation in the House that if an illegal comes to buy a firearm, ATF is not even allowed to contact ICE. And she's talking about gun violence. She wants to take away the Second Amendment from U.S. citizens, but it's perfectly OK for illegal aliens to try to purchase a gun, which is a felony. They want ICE to turn their back on felonies.

INGRAHAM: DUI, they don't want DUI to matter anyone. So if you run over someone and you're an illegal immigrant, you get to stay.

HOMAN: And 10,000 a year die in DUI, and Menendez doesn't think that's a crime.

INGRAHAM: Tom, I also want to get your thoughts on this. Last Saturday El Paso, Texas, we were just broadcasting, we saw leftist lunacy on full display. Protestors went into a Border Patrol museum and decided to deface pictures honoring fallen agents. But that's not all. They also decided to call Border Patrol agents murderers.


UNIDENTIFIED FEMALE: Actually a lot of these Border Patrol agents are murderers. That's what they are. They have murdered. They have murdered youth. The have smashed any humanitarian aid that's given at the border, like water.

UNIDENTIFIED MALE: We need to push back, push back in every way we can.


INGRAHAM: I don't know if that an indigenous person. I'm not quite sure what --

HOMAN: First of all, I find it disgusting because they actually defaced a monument to 128 fallen heroes who died in the line of duty protecting this country, and defaced that monument. They are ignorant, because they don't know the facts of what they were saying. Everything they said, I watched that video, they're wrong. One hundred percent of the things they said there are absolutely wrong.

And they're cowards. And they're cowards I say this because a lot of them wear masks. If they really want to protest Border Patrol, don't go to a museum that's not even owned by the Border Patrol and run by retirees. Go to a Border Patrol and you face a Border Patrol station. Let's see how far they get with that. They won't. They are cowards. They are hiding, and they hide behind a false message to the American people.

INGRAHAM: Tom Homan, they are either defacing statues honoring the end of World War II, ripping down statues, historical markers, or defacing monuments.

HOMAN: Not one of those protesters has a backbone or the bravery to wear that uniform and defend this country. I doubt any of them has served their country in any capacity.

INGRAHAM: Victimhood mentality, we started the show that. They all see themselves as victims and the oppressed. Tom, thank you so much.

See which Democratic congressman was on the receiving end of my Twitter smackdown of the day we come back.


INGRAHAM: It's time for tonight's Twitter smackdown. I love that animation. The lucky winner is none other than California Congressman Eric Swalwell. He complained today on Twitter, he's in New York. And he said "It's snowing in New York. I need coffee. The closest cafe is inside Trump Tower. This is me walking to an alternative." I think it's "this is I," isn't it, supposed to be grammatical. How cute. He'd rather freeze than enter Trump Tower. I just couldn't resist. Here's my advice to Swalwell.

Since you've been operating in an alternative universe for years, this should be easy for you. Try the Russian tea room, Eric. Maybe you'll finally find your collusion. All right, that's all the time we have tonight. Up next, Shannon Bream and the "Fox News @ Night" team, take it from here.


Content and Programming Copyright 2019 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2019 ASC Services II Media, LLC. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of ASC Services II Media, LLC. You may not alter or remove any trademark, copyright or other notice from copies of the content.