Transcripts For FOXNEWSW On The Record With Greta Van Suster

FOXNEWSW On The Record With Greta Van Susteren July 30, 2014 23:00:00

Your home. Thats it for special report, fair, balanced and unafraid. Greta goes on the record right now. We have a special report online with a guest israeli ambassador to the u. S. Joins us in seconds. This is a fox news alert, just moments ago the house voting giving Speaker John Boehner the green light to sue president obama. Republicans accusing president obama of abusing his executive power with a quliewn lateral decision to delay the obamacare employer mandate. Fox news chief Congressional Correspondent mike emanuel live on capitol hill. Mike, whats the latest . Greta, good evening. The vote was 225 to 201 along party lines so it had all republican support to authorize this lawsuit a lot of times before big votes you have passionate speeches on the house floor from lawmakers trying to drive something across the finish library. In this case you had house Speaker John Boehnerspeaking very calmly talking about the oath that members of Congress Take to, you know, when they are sworn into office. And asking them to stand as one institution to basically fight executive overreach, to stand up and defend the constitution and so it was enough to get republican support. He did not win over the democrats, but they were not needed in this case. Bottom line, republicans all day say that they were defending the constitution; that they feel like the president has gone too far in the spread of executive power. And so they say it may be a republican president in a couple of years and democrats may have wished they joined the lawsuit because perhaps the shoe will be on the foot in a couple of years. At this point the lawsuit goes forward. Republicans made it happen and he we will see where it goes in the courts, greta. Mike, any members of congress sticking their heads in the sand and not voting at all or any republicans or democrats crossing over . We had five republicans vote against and there is some suggestion that perhaps they wanted to go further. They dont want to just do a lawsuit but perhaps take a deeper step. We will see. We have to reach out to those lawmakers to see if that was the case. Perhaps others were not equipsed that a lawsuit was necessary. Several others sat out the vote. Its not clear why. Perhaps they were sick. Perhaps they just didnt want to engage. But bottom line he did get 225 republican votes. He needed 218. So there were definitely enough votes to make it happen. Mike, thank you. Sure. And republicans insisting the lawsuit is an attempt to protect the division of powers. House rules Committee Chairman Pete Sessions joins us. Good evening, mr. Chairman. Mr. Chairman. How are you, greta . Im very well. Now that they have the vote, 225 to 201, the resolution is passed, when is the lawsuit going to be filed, do you know . Well, the lawsuit now has authorizing speaker of the house to take under his own advisement and it work with lawyers on not only the ideas and where it will be filed but the timing of that i believe the speaker will move rather judiciously. We already understand the of the United States is not faithfully executing the laws of United States. And, in particular, related to the resolution that is the Affordable Care act. I believe the speaker can move expeditiously on this matter. I have got some thing about hefty legal bills. I still have an idea of how much this stuff should cost and rather simple matter there are no witnesses or deposition. There is no jury, there is no nothing. Do you have a feeling on how much is being spent because i assume that the taxpayers will be paying this. In fact, they will, greta. What happens is there will be no new money that will be authorized and was not asked for. It will come directly out of the money that the speaker currently has. And, it will we presume, be less than 2 million. There is. 2 million . I could find something to do it for you for if 30,000 or less. Its not that complicated. 2 million is a lot. 50,000 would be a lot. I said it would be no more than that but heres the point. It is only for 60 days. This is only until the end of september. The speaker will have wide latitude to be able to move this measure now that he has the vote, and i believe the money, it will be inconsequential compared to the action that is needed. We need to find out does the president of the United States have the ability to waive the healthcare laws as he has done. Thats important for americans and understand despite the fact good stewards of the american taxpayer dollars i hope when he digs into this gets a good deal on this because that, obviously is an important issue as well. All right, now, so, when you said the president the speaker is going to act judiciously, does that mean he is going to do it during the recess or will this probably be filed some time in september . Any sort of guess on that . Well, my guess is that he would be prepared to do it as early as tomorrow. All right. And so is there actually a complaint filed, do you know, i mean, prepared . He was never even authorized to do that until this evening. So now that that has been done, i would assume the speak would move forward with this. All right. If he can file it by tomorrow, there is even more of a reason to say. It doesnt take a lot of hours to put this together. We will be watching, mr. Chairman, an important issue. We will see what the court say when it comes to the issue of standing. Thank you, sir. You bet, greta. Kucinich, u. S. A. Today Kirsten Powers and National Reviews jim garety . The tool is right. Not sure its the right tool in the toolbox. Feels like a gamble. People ask whether the house has the standing for lawsuit. If they win look like geniuses they managed to point out that the stopped obamacare and president isnt obeying the constitution. Doesnt like to take up cases where its an argument between two branches of government. They have to show they were injured by obamas actions. Pretty hard thing to do. Kirsten . I think there are serious people Jonathan Turley who they think that obama is exceeding his powers then you have to ask who can challenge him, right . And perhaps it is only the house. The response to that democrats are saying no, this is a political stunt. Well, it can be both it can be a political stunt which i think it is. The timing is not coincidental. It happens to be election year. It also could be that they substantively feel that president obama has overstepped his bounds and think that he needs to be held accountable. I think its a serious issue i dont know whether the courts grant standing or not. Courts have changed their minds and relooked at things and different views of things. Decisions can change all the time. When he said 2 million, i almost fell over. When i say this is a 20,000 case. Im not exaggerating. This isnt complicated. Couldnt we even get a crappy lawyer to file . Im scandalized that this would cost this much. This takes some Good Research in a library, on the issue of standing and one pleading filed for 150 bucks. Lawyers that work on the cheap, greta. Speaking of money, one thing we know is both parties are raising lot of money off of this. I know we all had fundraising requests piling into our inbox with various creative subjects on both sides. President obama is impeachment thing is making a fortune. Much stronger argument right now, feels almost like they are preparing the battle space are to the fight over potential executive order de facto, amnesty. Keep hearing rumblings coming out of the white house coming at the end of summer. That be with the legal super bowl. Wait a second, now he is completely deciding is he ignore large chunks of the law and rewrite it to his whims. The Public Opinion on the republican side than this one. Trying to do this to set up the narrative. Look, obama ignores the constitution. We have been making this argument for a long time. Now he has gone too far. Maybe it will work out. I think its an important issue. The executive power issue . Where the line is. Its a very important issue and also a very important issue when george bush was president. Agreed. A lot of violations of executive power and republicans were not particularly concerned about that. But thats the way politics always are. Always different in Foreign Policy but always different when its the things that they care about. I think to be consistent you have to care about both, right . Agreed. And so were consistent, greta. I agree. I mean, republicans and democrats should want to know what the extent of a president s power is. Exactly. The question is what kind of power, you know, the president thinks he has power on immigration. They would argue that they have the power under the 1996 Immigration Law that gives the president very broad powers. But, maybe the court has to come in and weigh in on this. Who knows if they will. Anyway, panel, if you will stay with us. And developing now. Dangerous threat and immigrant detention facility at our border. Highly contagious disease. K fox reporter bill milligan live at the border with the very latest, bill . Hey, greta, yeah, we are talking about a confirmed case of the chicken post office box thats putting a halt to all deportations and all arrivals at a brand new detention facility in new mexico about a four hour drive away from el paso. This pace literally opened up a month ago. A few weeks back we got a chance to look at video, the facility. It holds up to about 700 immigrants. Its a mix of adults and children. Now, ice confirmed to me earlier this morning that at least one person in that shelter has a case of the chicken post office box. Now, they chicken pox. I did talk to the Public Health director here for the city of el paso. Is he not buying it he thinks there is a very high chance of it spreading throughout the rest of the shelter. He gave me a few reasons why. Number one, he says you can actually spread chicken pox two days before you even start showing any type of symptoms. What that means is when these ice agents give medical screenings to these immigrants as they come into the shelters they may not have any clue whatsoever that they could be infected with the chicken pox, number two, he said in a closed environment like a shelter, chicken pox is one of the most contagious viruses out there. He said that airborne, it can be through skin skin contact. He pointed out something interesting. Most of us get chickenpox when we are kids. Its fairly mild. If you get it as an adult it can be very especially for a second time. Thats when it can turn into shingles and real nasty rash on your torso, very painful and severe. Thats one of the reasons why ice is halting all deportations, all arrivals at this facility. Greta . Bill, in terms of any other Health Issues besides chicken pox with these children . At that facility in particular, all we are hearing is chicken pox. We know at different facilities across the southwest there have been reports of scabies, lice. That facility hearing one case of chicken pox. All right, good. Lets just keep it at one and hope there is no more and everything is under control. Thank you, bill. Time is running out for the house and senate to vote on competing immigration bills. But right now republican lawmakers placing the plame blame for the crisis scarily on president obama. This is a humanitarian crisis. Its the direct consequence of president obamas law lawlessness. The president is preparing to assume for himself the absolute power to set Immigration Law in america. If in fact he gives work permits to a million or 6 Million People you will see an additional surge of people coming. Theyre coming because they believe theyre getting amnesty. He is the president of the United States. He could solve this problem today. Were not going to solve this crisis until we stop president obamas amnesty. Getting to america by any method you can and you will never have to leave. And senator ted cruz joins us. Nice to he sigh, senator. Good to see you, greta. Obviously you blame president obama. I will get to that in a second. First, does Republican Party bear any of the responsibility to blame for the situation we have right now at the border. Well, sure. Look, both parties bear some of the responsibility because we failed to secure the border. We should have secured the border. We should have done our basic job a long time ago. That being said, whats happening at the border right now is a direct and proximate cause of it is president obamas amnesty. This was all triggered in 2012 when president obama unilaterally granted amnesty. When you say amnesty, thats sort of the code word that the republicans use. You are talking about the executive order which does, what . Right. Well, if you look at the data, if you look at the evidence, and you and i are both lawyers we are a big believer of looking at the facts and seeing where they lay. The facts here in 2011, there were roughly 6,000 unatestimony companied children apprehended trying to cross into this country. Then in june of 2012, the president signed an order that granted amnesty to some 800,000 people who entered illegally as kid. Even though you broke our laws and not entitled to be here. We are going to allow you to stay and give you a permit to work. It was deliberately it was directly targeted to people who entered as kids. New, the predictable consequences, the predicted consequence of that is that it created an enormous incentive for more kids to come in. If you are granting amnesty to come as kids, other kids will come. And its gone now from 6 now, children in 2011, to its expected to be 90,000 this year and 145,000 next year. They are coming because they believe they will get amnesty, president obamas amnesty and if we want to solve the problem, the only way to do it is to eliminate the promise of that. All right. So we have the situation we have. How do you sort of reverse engineer . Lets say the president is watching this and senator ted cruise got a great idea. Now we still have all those kids at the border. We still have that problem. What do we do . Well, your first question about how do you eliminate the promise to amnesty the most simple and director way i have introduced legislation in the senate. Its very short just two pages. It says the president does not have the authority to grant amnesty to any new immigrants who come into this country. You know, one of the things thats really disturbing just a few months ago if the president cant do this, that lois ghost a long long way to eliminating the promise of amnesty which is why these kids are coming. Let me go to the related Topic Authority of the president. He clerked in the United States Supreme Court for the chief Justice Renquist and just passing tonight the house has passed the resolution giving the green light to sue the president. The big question is whether they have the quote, standing. Whether they have the ability, the power to go to court and sue. Put on your legal hat. Well, its a difficult question. Look, what has prompted the house to do this and this is unprecedented. The house as an institution has never sued the president before. Whats prompted it is we have never had a president like president obama. Thats not the question. I realize the problem. I realize the republicans objection. Is this a way to figure out the parameters of a president ial power. Does the court have the authority to make that decision . I think there is a serious and credible argument that the house has standing. A court might agree, it might not. Its a credible argument. The reason they were farced to file and one of the things that i have done as the Ranking Member on the constitution subcommittee, Senate Judiciary committee is release a series of five reports detailing the lawlessness of this president. When the president refuses to enforce the law, the challenge is there have been very few people who have standing to challenge it. The house as answer substitution is trying to act to fix that its making a plea to the courts to uphold the law and uphold the president s Constitutional Authority and responsibility to take care that the laws be faithfully executed. Too bad. Trying to figure out the breath of any president s power. We ought to be able to figure out its got to be defined some place somehow. If its not in the court this kay any other con vehicle to figure out the limits of this president or another one. Sure. For any president the way you figure out the iments of the text of the law, what this president asserts is unprecedented. 28 times with obamacare. He has just unilateral live said im changing the law. There is no executive discretion. I mean, there is some executive discretion. There is executive discretion but there is not discretion to change the text of the law. So, for example, the text of obamacare says the employer mandate kicks in january 1st, 2014. There is no ambiguity. January 1st, 2014 is spelled out. He said no it doesnt. Im granting exemption for members of congress. Just lack week a huge decision on obamacare that concluded for 36 states across this country, that president Obamas Administration illegally extended obamacare to those 36 states, illegally extended the individual mandate and the employer mandate. The problem is a couple hours later a Fourth Circuit said just the opposite. So, in other words, never dull. We will find out what the courts say. Indeed. Thank you, sir. Thank you, greta. Developing now hamas rockets shattering even shortterm cease fires in israel striking a school. Ambassador john bolton is here next. Also some lois lerner emails found in what is a sizzler. Learner calling republicans. I dont think i should say that word on tv. Maybe i will. Think about it. Its coming up. 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