Policy Determinations News Today

to the 6:00? >> judge jeanine: would love it. >> bret: good evening, good evening tonight we begin at the southern border as president biden and texas governor greg abbott old west shootout. given abbott until today to reopen a stretch of federal property which the state has taken over in order to deal with the border crisis. one specific allegation is getting a lot of attention. correspondent matt finn is live along the border in eagle pass, texas tonight. good evening, matt. >> good ...

Gave a speech in april of 2015 at the university of chicago in which you described the job you do as a judge, and up said sentencing is just plain interesting because it melding cripplial law and constitutiona race theory. so you described in a speech to a law school what you were doing as critical race theory. so i guess i would ask what did you mean by that when you gave that speech? >> with respect, senator, the quote that you are mentioning there was about sentencing policy. it was not about...

Gave a speech in april of 2015 at the university of chicago in which you described the job you do as a judge, and you said, sentencing is just plain interesting because it melds together myriad types of law, criminal law and of course constitutional law, critical race you described what you were doing as critical race theory. what did you mean by that when you gave that speech? >> with respect, senator, the quote that you are mentioning there was about sentencing policy. it was not about sentenc...

>> i find that a curious statement because you gave a speech in april of 2015 at the university of chicago in which you described the job you do as a judge and you said sentencing is just plain interesting because it melds together types of law, institutional law, constitutional law, critical race theory so you described what you were doing as critical race theory. i would ask what did you mean when you gave that speech? >> with respect, senator, the quote that you are mentioning there was about...

Not a timely burial at least a burial? >> look, its a horrific thing that happened. and what weve done is weve called for full transparency. were working on an investigation to get to the bottom of what happened. >> should they return the body? >> once we have all the facts then well make policy determinations. but that will be up to the secretary of state to kind of push on our policy and well doefrg we can to try to bring transparency sxktability for what happened. >> i mean, with respect, the...

In calling on the saudi government to release his body to his family or identify where theyve put the body parts so his loved ones might give him if not a timely burial at least a burial? >> look, its a horrific thing that happened. and what weve done is weve called for full transparency. were working on an investigation to get to the bottom of what happened. >> should they return the body? >> once we have all the facts then well make policy determinations. but that will be up to the secretary o...

Or not, if they ask for the deliberations between the attorney general and the president. if they are asking who, what, when, where fact type questions, the attorney general will have no choice but to answer them. but if they are asking what was the deliberative process between you and the president, we may find that the president is told sessions to assert the presidents right to assert executive privilege. >> let me ask you a simple question. define executive privilege. just because hes talkin...

And important matter. the system is not going to work if everybody decides whenever i have a discussion with the president im going to make sure i go right to the times or the post or journal or whatever. thats what this says. this says that its fine to go public with most private discussions with the president of the united states. and that just seems to me to be a recipe for disaster. >> so i guess i disagree a little bit with that as a legal proposition. i have no political interest in outcom...

>> well, it did it in a section called reviewability. to the extent that what washington said, judge paez, was mandel cant govern broad policy determinations. even plaintiffs dont try to defend that reasoning. i dont think this court should overread it. under that standard im glad to hear counsel say we wouldnt be up here if it werent just the campaign statements. those are not statements in an official capacity and dont tell you what the official objective is. people say things on a campaign tr...

Specific visa denial. and thats not what we have here at all. >> no. but, of course, judge paez, they applied it equally -- >> thats correct. >> broad policy determinations by the executive. i dont think the supreme court or any of the courts of appeals has ever tried to limit the mandel test to just a discretionary denial of visa by a counselor officer. and for the reason some members gave at the rehearing stage it wouldnt make much sense to say that a singular counselor officer get morse defer...