A judge Panel Hearing the refugee pause earlier today. Listen to this. Whatever the bad faith exception is, to to say the commanderinchief and multiple members of the cabinet acted pretextually, i think require the strongest showing for that sort of remarkable holding, and i just dont think plaintiffs have put together the kind of record. No one has ever attempted to set aside a law that is neutral on its face and neutral in operation on the basis of largely campaign trail comments made by a private citizen running for office. What would an objective observer view these statements as . And as the District Court found, it would view them as an establishment of disfavored religion of islam. Were not saying that were not in favor of psycho analysis or trying to get into the president s head. You dont need to affirm the District Court. You just must simply aask what would an objective observer think with these sorts of statements . Tonight an attorney who says our nations federal judges arent treating this administration the same way they treated president obamas. Also tonight expert reaction from foreman governor Mike Huckabee colonel allen west and economist benstein. Law and justice jordan joins me now. The Trump Administration took the religious wording out of that last order. That was the most objectionable thing. So why doesnt this version move forward . Well, you bring up an interesting point, gerri. The first time around in court, the focus was on due process constitutional concerns. And the second time this is in court, this is now not the actual text of the executive order but the argument today really focused in on statements made by President Trump when he was a candidate. Statements on a campaign website, not on the white house website. Not on the government website. And can you impede those into the actual executive order . Which the text of, the attorney against this executive order was asked directly, and he was for president obama. He was asked directly if this was a different president , would this be a different situation . He said, yes. Right. And, well, its confusing because, you know, the objection is, hey, what did the president say before he was elected . Were going to use that in a court of law. Big questions about that. The judges pressing both sides today on whether trumps compensates during the campaign are relevant. Take a listen. Has the president ever disavowed his campaign statements . Over time, the president clarified that what he was talking about were Islamic Terrorist Groups and the countries that shelter or sponsor them and over time, he and his advisers clarify that what he was focused on were groups like isis and alqaeda. My opponent quote to admit tens of thousands of refugees from the mideast would try to take over our children and convince them how wonderful islam is. Mr. President , this statements are profound. I mean, im familiar with them and read them and everything else. But it is a little bit concerning, though, that those statements take place during the midst of a highly contentious campaign. Whats so confusing here, should this comments made before the election, before donald trump was president , should those be relevant . No. And what you have here is a situation where youve got a preliminary injunction issue, gerri, before weve even seen this executive order go into effect. So no one is challenging the actual effects of this order. Theyre challenging the its called a facial challenge. The words of the order. So theyre trying to add what President Trump said on the campaign trail. I just want to be clear to everyone. This wasnt a maid up ban. This wasnt random countries pick. This was six specific countries picked because based on intelligence from the obama administration, plus a refugee pause. And were talking about 90 and 120 days here. Not forever bans or forever no refugees in america from islamic countries. Six specific countries and a refugee pause to get our system into order. And weve even shown this administration showed it was ready to work with the countries on this list like iraq. And when iraq says wait, we dont want on the list, they said heres what you have to do to fix it, they did, and they werent on the list the second time around. You made great points there. The administration also arguing today that refugees arent protected under the u. S. Constitution. Take a listen. The denial of entry to aliens abroad is generally not reviewable because this aliens dont have any Constitutional Rights. U. S. Citizens can attempt to argue that their own Constitutional Rights have been infringed by the denial of entry. The problem here is hawaii doesnt have any rights to claim under the establishment clause of the due process clause. This order is aimed at aliens abroad who have no constitutional right . Highly contentious again but why is this an issue with refugees if they dont have rights under our constitution . Yeah. Its not to be mean, you know . I think that thats the point. Its not a mean statement to say if youre outside of the United States, you havent filed any information, so youre totally unknown to the United States at this point in time. And thats how this executive order is written. If youve already got a green card, a visa, youre treated differently. But if we dont know you at all, you dont have rights. Its not a mean statement. Its just a legally factual statement. And its interesting in this case, a mom in hawaii whos trying to allege that syrian mother because she could be affected by the immigration portion of this, she wants to emigrate, how she can exercise her Constitutional Rights. You see then the issues this would create for anyone who has got any kind of relation whatsoever to someone in the United States, even when youre talking about, again, for his mother, this is temporary. Its not saying she could never come to the United States. Its saying we need 90 days to figure out because the situation is so bad in syria, we need 90 days to figure it out. And American Safety hangs in the balance. Jordan, thanks for helping us out tonight. Appreciate it. Thanks, gerri. An fbi reports that 300 refugees are subjects of terror investigations within inside the United States. This as a report says death for terrorism increased by 80 from last year also the intensity of terrorism also increased. With the number of countries suffering more than 500 deaths from terrorist act more than doubling. But attorneys against the Administration Today argue that refugees pose no threat. Listen. The government points in executive order to really only three things. They point to two people from iraq who committed crime, but iraq is now exempt from the executive order. And someone from somalia who came here with a refugee when he was two years old and created crimes when he grew up but the executive order excerpts. Former president ial candidate and former governor Mike Huckabee is with me now. Governor, okay. Sir, whos right . The fbi or the attorneys against the administration . Well, thats an easy call. I mean, you have to trust that the people who are doing investigations of the refugees and actually have information and arent just out there making political statements but are trying to protect americans, we might want to listen to them. And thats what all of this has been about. The judges and the lawyers who are arguing against what the president is trying to put in place, which is as correctly said a moment ago, it is not a ban. Lets face it. Those judges and lawyers, they dont have a clue about national security. Thats not their area. And under the law, they need to trust the executive branch who does have the constitutional and Statutory Authority to deal with this. Well, thats right its not a ban, a temporary pause, a 90day pause. The attorney arguing today ruling against the president would severely limit his ability to protect americans. Listen to this. If you really take the argument seriously, i think theyre committed to the view that under 1182f even if the president got actionable intelligence tomorrow that lets say a Libyan National were attempting to enter the country but the president didnt know his identity to commit some terrorist act. They would say, well, the president cant suspend entry for some short period of time because thats a nationalbased immigration. I think it would raise constitutional concerns, the court has the never read the statutes to conflict in that way. Well, is this right, governor . Does this make us less safe . It absolutely does. And what makes this does is trying to argue a policy request he. The only thing in front of me is whether or not the president has the legal authority. They dont have to agree with it. They can think his policy is plane nuts, and they can it is. And what they cannot do is take his power and authority away from him just because they dont happen to agree with it. That upsets the separation of power. And you cant have the Judicial Branch acting like its a super branch of government. Thats no longer a check and balance. Thats where one branch now has assumed a power that the constitution never gave it, taking away the power of the executive branch, which the constitution clearly did give it. Thats whats disturbing. Well, the Trump AdministrationAttorney Says reagan and carter did the exact same thing, governor. Take a listen. Unless you say that the president is disabled, every president permanently from making any nationalitybased distinctions under 1182s, reagan with the cubans or carter with the iranians, unless you take that road, i dont think theres any way to read the statutes that could provide the basis here. So is the president being treated unfairly and why . Well, he is being treated unfairly. But why is pretty obvious because there are some people who still cannot accept the fact that weathered like it or not, he took the oath of office, he is the president. Hillary isnt the president. And these judges arent the president. Im so frustrated in this notion, and i guess a totally false and dangerous notion of judicial supremacy that some unelected black robe lawyer sitting in a courtroom in Washington State or hawaii or anywhere can userb the duly elected president of the United States because he just doesnt like what trump said during the campaign. Gerri, lets all step back and say is scares the daylight out of us because it ought to. We cannot let that run away activist judiciary take root in this country. It destroys everything that we have in terms of what we have as a system of checks and balances, and theyre totally out of balance with judges who are off the rails like these. Well, theres a lot to be afraid of i think here, governor. Thanks for coming on and talking to us about it. Thank you, gerri. And oil rising 2 today after saudi arabia and russia pledge to extend their cuts to oil output through march of next year. But its the third week of falling gas prices. The Current National average is 2. 30 for a gallon of regular. Thats down 7 cents from a month ago. Coming up, my next guest says President Trump told College Grads to never, ever give up, challenge eve evil, and worship god. Democrats on the other hand len west is there to speak out. There he is. 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If you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. Ask your doctor about cialis. Trump never, ever give up. There will be times in your life youll want to quit. Youll want to go home. Perhaps for that wonderful mother thats sitting back there watching you and say, mom, i cant do it. Go back and tell mom, dad, i can do it. I can do it. I will do it. Youre going to be successful. The fact is no one has ever achieved anything significant without a corious of critics standing on the sidelines explaining why it cant be done. Nothing is easier or more pathetic than being a critic because there are people who cant get the job done. But the future belongs to the dreamers. Not to the critics. Gerri now, there is somebody who is relentless, president donald trump. Delivering inspirational words to the graduating class at liberty university. Speeches by democrats on the other hand seem to be promoting division, one even telling College Grads to quote go get in trouble. Whether we are talking about economic justice, or were talking about social justice, racial justice, or global warming. If there was ever a time in history for a generation to be bold and to think big, to stand up and to fight back, now is that time. And whoa does the world need you right now. Really, the struggle is real out there. It is real. Go out there, get in the way. Get in trouble. Good trouble. Necessary trouble. And make some notice. Gerri joining me now, retired Lieutenant Colonel allen west. Ive got to tell you those words from democrats, pretty grim; right . Would it be better for them to empathize inspiration over desperation . No. Youre absolutely right. When i found the best address, i go back to the naval commander that he gave to the university of texas. Its about spiring them that theres nothing they cant accomplish. But also talk about how they live in the greatest nation that the world has ever known, and i think this is the difference in the tone that you hear is one group is telling people to go out and fight for a certain political agenda while another is saying go out and fight and achieve your dreams. You know, this country is about a pursuit of happiness. Its about life and liberty. Its not about, you know, a government thats trying to guarantee happiness. And i think that when we look at these commencement addresses, we need to ask people that inspire young people to go out there and reach for that brass ring. Gerri couldnt agree more. But, you know, on College Campuses today, its a no trump zone. Maybe because this is what happens when they too. Take a listen. Thank you, so very, very much for this great honor and privilege. [booing] i am honored to become a wildcat. Gerri wow. That was education secretary betsy devos being booed. They preach tolerance, they preach open mindedness. But is that only for liberal causes and ideas . Well, it appears to be that way. You can go ahead and look on youtube from a response that i got from some individuals at st. Louis university. You know, what we have to come understand, it was a couple of years ago when Rutgers University the students denied the rights to go be a Commencement Speaker there saying that she did not have requisite experience. But yet a couple of years prior to that they had the Reality Tv Show star, i guess, snookie gave the commencement address, and then we also had will ferrell singing i will always love you at the graduation for usc. So i think we need to have the ability to go on College Campuses and have both sides of thought because thats what this country is about. You cant shut off one side of thought, one ideology or one way to look at these issues because youre doing an unfair advantage to young people that are going out into the workplace. Gerri you make a very good point. It should be equal time for different points of view. You mention will ferrell. We actually have this sound from the university of southern california. His speech there. Listen to this. Should as you have a moment where you feel a little bit down, literally picture my face singing this song. And i will always love you. Gerri you know, i love that because it sort of pokes them for being that they are so often. What do you make of it . Well, its interesting because on one side, you have will ferrell saying when you get a little down, think of myself singing this song but when you have the president saying when you get a little down, say to yourself that you will not surround, that you will not quit go to the great words of sir winston churchill, and i think those are the types of words that our young people need to hear so that they can continue the legacy of this Constitutional Republic that soon will serve 242 years of existence. Gerri colonel, thank you for coming on tonight. Appreciate it. My pleasure, gerri. Gerri and authorities finding out how to protect yourself from global hack attack. Well tell you how. And how the media is comparing President Trump to watergate. Guess who isnt making that comparison . The guy who broke watergate. Bob woodward of woodward and bernstein. Agrees and hes here to talk about it. Stay with us [vo] when it comes to investing, looking from a fresh perspective can make all the difference. It can provide what we call an unlock a realization that often reveals a better path forward. At