Pres. Obama, the lawless Constitutional scholar
Rep. Trey Gowdy on the power - and alleged repeated misuse - of the president's pen
This is a rush transcript from "On the Record," January 24, 2014. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: The president is entangled in still another fight on another front. And this time, Republicans. Let's face it, Republicans and President Obama they hate each other. And the fight is fierce. The president's critics say he is lawless in trying to unconstitutionally grab power. The president fighting back, threatening to use a pen to stomp all over Congress and the Republicans.
(BEGIN VIDEO CLIP)
RUSH LIMBAUGH, RADIO TALK SHOW HOST: Republicans aren't cooperating so the president has to go the executive order route.
BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I have got a pen and I have got a phone, and I can use that pen to sign executive orders.
On my own, going to act on my own.
I will act on my own.
REP. JOHN BOEHNER, SPEAKER OF THE HOUSE: I would remind the president he also has a Constitution.
SEN. TED CRUZ, R-TEXAS: That of all of the dismaying aspects of the Obama presidency, perhaps the most dangerous is his consistent pattern of lawlessness.
UNIDENTIFIED NEWS CORRESPONDENT: Is the president, when he says that, saying is he going to be going around Congress?
(CROSSTALK)
JAY CARNEY, WHITE HOUSE PRESS SECRETARY: He makes clear he will work with Congress where Congress is willing to work with him.
LIMBAUGH: Republicans are obstructionists because of FOX News. And this then leaves our poor young president with no choice but to violate the Constitution.
(END VIDEO CLIP)
VAN SUSTEREN: Congressman Trey Gowdy joins us. Good evening, sir.
REP. TREY GOWDY, R-S.C.: Good evening. How are you?
VAN SUSTEREN: I'm very well. Do you agree with Speaker Boehner that the president is essentially overstepping the Constitution? Because, Speaker Boehner says that the president also Constitution and oath of office he took when he swore to faithfully execute the laws of this country. Is that your thought about the president or is the Speaker wrong?
GOWDY: There are several instances that buttress Speaker Boehner's position, including the Supreme Court. He is going to lose on the HHS mandate. He is going to lose on recess appointments. He lost nine to zip in religious liberty case. Greta, he says he has a phone and a pen. I would tell him to be careful using the phone this day and age. You never know who is going to be listening in on the conversation. But he has had a phone and a pen for five years. And we have an anemic economy, a feckless foreign policy, and people are losing hope. So rather than accept responsibility, he wants to blame Congress. That's what he means by this, is I'm going to blame Congress. Their recalcitrant, they won't work with me. He has had half a decade and here we sit.
VAN SUSTEREN: Now, his press secretary said that the president wants to work with Congress. And, of course, the president says he has a phone. Do you see any indication that the president wants to work with Congress? Is that a fair statement by the press secretary or not?
GOWDY: No, ma'am, it is not. Jay Carney can't cite a single solitary example where this administration has wanted to work in good faith with House Republicans. Now, from 2008 and 2010, they didn't have to deal with us. They had all the gears of government and they gave us Obamacare. When the president has the cards, he calls the bet. When he doesn't have the cards, he blames Bush, tsunamis, hurricanes, FOX News, racial animus, everyone but himself. And now because he wants to retake the House and keep the Senate, it's probably popular to blame House Republicans. I might do the same thing if I were in his shoes, or the other alternative is just to accept responsibility for the last five years on immigration, on mandatory minimum sentences. There are areas -- mental health with respect to access to firearms. There are areas we are happy to work with him.
But Greta, honestly, he doesn't have an interest in working with us. He wants to work with Speaker Pelosi, not Speaker Boehner. And that requires them to win in November and to us lose. That's what all of this is about.
VAN SUSTEREN: Is there any over gesture from the White House, from the president to the House of Representatives, to the Republicans, even sort of let's talk or he uses that phone. Is there any overt gesture at all in the last six months?
GOWDY: In his defense, he did talk to us. It was probably about a year ago. And frankly, he didn't have to. He came to the Capitol and talked to us. But there is a level of distrust, in part, because we do believe his overarching goal is for John Boehner to be the Minority Leader. So, when you look at it from the standpoint that he wants to keep the Senate and retake the House, I mean, does he really have the country's best interest in mind? He certainly doesn't have the Republican Party's best interest in mind. He has had five years. We have a bad economy, a bad foreign policy, and people are losing hope. And he is going to lose in November unless he can find a scapegoat. And he has tried natural disasters and he has tried FOX News, and he has tried everything except himself, and now is he going to try House Republicans. But, no, he doesn't -- cite me an example of where he has picked up the phone and said, you know what, I want to give a little bit. On this issue, I'm going to give a little bit. When he has the cards -- look at last October. We asked for a delay in Obamacare, which, god knows now, we need it. Everybody concedes we need it. He wouldn't even discuss that because he didn't have to.
VAN SUSTEREN: Congressman, thank you. Always nice to see you, sir.
GOWDY: Yes, ma'am. Have a good weekend.
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