Updated

This is a rush transcript from "Special Report" September 20, 2021. This copy may not be in its final form and may be updated. 

(BEGIN VIDEO CLIP) 

SEN. CHUCK SCHUMER, (D-NY) SENATE MAJORITY LEADER: Last night's ruling was extremely disappointing. It saddened me. It frustrated me. It angered me. But make no mistake, the fight continues. Senate Democrats have prepared alternative proposals and will be holding additional meetings with the Senate parliamentarian in the coming days. 

SEN. MITCH MCCONNELL, (R-KY) SENATE MINORITY LEADER: Senate Democrats were reminded the rules of this institution will not permit them to shove a massive amnesty for illegal immigrants into a reckless taxing and spending spree they want to ram through on a party line basis. 

(END VIDEO CLIP) 

BAIER: Well, the $3.5 trillion bill, is it in jeopardy? The question is, first of all, the Senate parliamentarian decided that, no, you can't put in immigration reform or a pathway to citizenship in a budget bill. Then you have the moderates versus the progressives. This is how the A.P. writes, "A budget bill reopens moderate versus progressive divide for Dems. One side is energized by the prospect of the greatest expansion of government support since the Dew Neal nearly a century ago. The other is fearful about dramatically expanding Washington's reach at an enormous cost. The finished product could alienate centrists who say it goes too far or frustrate those on the left who argue it's too timid at a moment of great consequence." 

With that, let's start with our panel, expanded tonight, FOX News senior political analyst Brit Hume, Ben Domenech, publisher of "The Federalist," Trey Gowdy, former Congressman from South Carolina, and Harold Ford Jr., former Tennessee Congressman, CEO of Empowerment and Inclusion Capital. 

Brit, let me start with you. It seems like always Speaker Pelosi has pulled a rabbit out of a hat when it comes to legislation. But these majorities are slim for Democrats. Tied essentially in the Senate, and only four in the House. It seems like a heavy lift what we are hearing so far. 

BRIT HUME, FOX NEWS SENIOR POLITICAL ANALYST: Yes, it does, Bret. I think all of these problems they are running into with this massive bill are a function of trying to act as if you have a massive mandate when you have basically no mandate at all. This is really -- they really have a staggeringly ambitious spending agenda, also social agenda with a tied Senate and a tiny handful of votes in their majority in the House. It was probably never going to work, and it looks like it is not going to work. And the decision by the parliamentarian was obvious and obviously correct. So I think that's where we are, big bill, no mandate. 

BAIER: Ben, where does this go? You have got the House essentially holding the other bill, the bipartisan infrastructure bill, hostage until they deal with the $3.5 trillion, or at least that's how it sets up right now. 

BEN DOMENECH, PUBLISHER, "THE FEDERALIST": I think this is looking like a rolling disaster, and it's very unfortunate for the Biden administration given that the White House is really only going to get one bite at the apple here. It's kind of the skipping the step, how many licks does it take to get to the center of the tootsie pop. And I think that unfortunately here, by trying to cram so much into this package, they have created a scenario where there are many moderates, not just the ones that we know about publicly, who are not going to go along with something this massive. 

And the other side, as you suggested, the left is really not satisfied with this. It doesn't do as much as they want it to do. So I think, unfortunately, this thing is rolling towards really hard brick wall politically, and it's probably going to be the last major piece of legislation they are able to get through or get to this point before the midterms. 

BAIER: Yes, speaking of which, Senator Bernie Sanders talking about this bill. 

(BEGIN VIDEO CLIP) 

SEN. BERNIE SANDERS, (D-VT): The $3.5 trillion is much too low. A compromise has already been made, an agreement has been made. And the American people, by the way, poll after poll after poll are telling us now is the time to stand up to powerful special interests. Now is the time to start representing working families on all of these issues. 

(END VIDEO CLIP) 

BAIER: Now, Senators Manchin and Sinema, as Ben mentioned, Harold, are the ones taking the progressive fire, but there are others who have problems with this, and not just the overall price tag. 

HAROLD FORD JR., FORMER TENNESSEE REPRESENTATIVE: So, good to be with you. I think Democrats in the Congress have to remember that for 40 years Democrats controlled the Congress until 94. Newt Gingrich and Republicans brought in a revolution. And over the last 28 years, the country has enamored themselves with wanting results, and they've changed the majority four times. Democrats in the majority now. 

Democrats should take the victory that's in front of them. It's time to reset here. I listen to liberals, I listen to the moderates. But, more importantly, I listen to the country. Joe Biden was elected to unify the country and help stabilize and bring us around an agenda that could advance the country. Democrats would be good to look to that. And once you get a victory, then you figure out the next victory. 

But Democrats, liberal and moderate alike, should realize you could lose this majority and you would deserve it if you don't take the victory right in front of you and live to fight and advance another day. 

BAIER: Trey, you have seen Speaker Pelosi do these legislative things where she herds the cats and somehow manages to get the votes on these big pieces of legislation. But as I said with Brit, it seems like they're heading towards a corner here. 

TREY GOWDY, FORMER SOUTH CAROLINA REPRESENTATIVE: Well, I can tell you, Brit, she ain't going to herd Kyrsten Sinema and Joe Manchin. She maybe could get House in order. I'm not sure she can. But I guarantee you she is not going to get Senator Sinema in order. Harold is right, it's a 50-50 country. Bernie Sanders was too crazy to even be the nominee of the Democrat Party. So why would the entire country let him set the agenda? It's a narrow majority. And Republicans would be wise to ask, why is Elizabeth MacDonough having to save the republic? Because you can't win a Senate seat in Georgia, that's why. 

BAIER: Yes. then you have the setup for this rally this weekend, and you just heard Howie's piece, but take a listen to this media buildup. 

(BEGIN VIDEO CLIP) 

UNIDENTIFIED MALE: Washington on high alert ahead of a rally supporting rioters arrested in the Capitol attack. 

UNIDENTIFIED FEMALE: Warnings of a serious set of violence at tomorrow's rally in Washington, D.C., in support of the Capitol insurrectionists. 

UNIDENTIFIED MALE: The most dangerous unknown tonight is what tomorrow may bring. 

UNIDENTIFIED MALE: Authorities warning of threats of violence and of concerning chatter on the eve of a rally in support of hundred people now charged in the January 6th riot. 

UNIDENTIFIED MALE: It was a fairly paltry turnout for the Justice for January 6th rally. 

UNIDENTIFIED FEMALE: They said maybe 700 would show. It pretty much fizzled. 

(END VIDEO CLIP) 

BAIER: Brit, what about this? 

HUME: Look, this is the case of the authorities in Washington, having failed to prepare for the January 6th rally, having decided they weren't going to make that mistake again. It is said of military generals that they are always fighting the last war. I guess you could say the same for law enforcement officials involved in this effort over the weekend. They were fighting the last war, and what they got was some pale imitation of that, a pathetic little paltry turnout unsupported by most Republican or most conservative organizations, not even supported or endorsed by Donald Trump. It was a fiasco.

BAIER: Trey, at one point, there were about 30 photographers around one guy with a flag. 

GOWDY: Yes, the first rally was a criminal and constitutional disaster, so I'm not surprised that people didn't show up for the second one. The silver lining is the media was there, which means they weren't at the Emmys and they weren't in a mask-less indoor environment, and they got to meet some cops before they're defunded. So that's the silver lining. 

BAIER: Here is Peter Doocy and Jen Psaki today on this back and forth about the border. 

(BEGIN VIDEO CLIP) 

PETER DOOCY, FOX NEWS CORRESPONDENT: Is somebody asking the foreign nationals who are walking into Del Rio, Texas, and setting up camps on this side of the border for proof of vaccination or a negative COVID test? 

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: As individuals come across the border, and they are both assessed for whether they have any symptoms. If they have symptoms the intention is for them tore quarantined. That is our process. They are not intending to stay here for a lengthy period of time. I don't think it's the same thing. It's not the same thing. We are expelling individuals based on Title 42 specifically because of COVID. 

(END VIDEO CLIP) 

BAIER: All right, so, Harold, they are not expecting to stay for a long period of time. Well, they are hoping to, and the Department of Homeland Security secretary down in Del Rio, Texas, today, what do you make of it? 

FORD: That young Doocy knows how to dish out a Doocy there. I think there is no doubt that Democrats are in a pickle on this one. We have got to get better control of the border. Democrat and Republican alike don't quite understand the rules. I think at some point the president is going to have to consider changes in how personnel and other things, how you think about the governing and the guidance down there. Jeh Johnson, who comes on this network and other networks and I think gives a pretty good take on things. I would say, though, if press overhype could stop violence we ought to send them to Philly and Chicago and New York and L.A. every night, too. 

BAIER: Ben, I've got 10 seconds here? 

DOMENECH: I just think that the idea that intention is doing a lot of work in that Jen Psaki response right there, which is not being delivered when it comes to the actual border policy and practice. 

BAIER: Let me just say that Manny Pacquiao may be the next president of the Philippines. And for Herb, I'm very sorry that I pronounced it the wrong way. We'll get it right next time. 

All right, panel, stand by, when we come back, tomorrow's headlines. 

(COMMERCIAL BREAK) 

BAIER: Finally tonight, a look at tomorrow's headlines with the panel. Ben, first to you. 

DOMENECH: Local man Peter Doocy only person in America interested in asking questions about 10,000 people under a bridge in Del Rio. 

BAIER: Brit? 

HUME: Already paltry crowd estimates of the weekend's January 6th protests were cut even further after the number of undercover federal agents was subtracted from the total. 

(LAUGHTER) 

BAIER: If you do the math there, there were very few. Harold? 

FORD: If they can just root for and maybe play together, they win. U.S. Ryder Cup team has lost nine of the last 12. There's a little tension on the team. Come on, boys, let's all get along here. 

BAIER: I hear you. I hear you. This a big week, Ryder Cup. Trey? 

GOWDY: COVID-19 virus boycotts the Emmys over "Handmaid's Tale" snub. 

(LAUGHTER) 

BAIER: That's a good one. All right, panel, thank you. 

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