Glad you are here. Thank you. President trump is speaking with reporters outside the white house as we were rolling cameras before he heads to texas. Warning once again, he is ready to act on his own if they dont agree to fund a border with mexico. Watch. President trump i have absolute right to declare a National Emergency. The lawyers have so advised me. Im not prepared to do that yet. If i have to, i will. I have no doubt about it. I will. We are either going to have a win, make a compromise because i think a compromise is a win for everybody or i will declare a National Emergency. Harris negotiations not appearing to make any progress, though, in the past 24 hours. Yesterday democrats came out of the white house meeting with the president enter publican leaders and accuse the president of storming out. We saw a temper tantrum. He couldnt get his way and he walked out of the meeting. He sort of slammed the table, and will leader pelosi said she didnt agree with the wall, he walked out and said we have nothing to discuss. This is a really, really unfortunate and, in my judgment, somewhat unbecoming of a presidency. Harris around and around me go. The president denied senator schumers account, saying they are the ones unwilling to negotiate. President trump i didnt pound on tables. I didnt raise my voice. That was a lie. I very calmly said if you are not going to give us strong borders, byebye. And i left. Harris [laughs] and that he treated the same thing. Right now, Vice President mike pence wrapped up a meeting with members of congress as talks continue among lawmakers trying to make that deal. Peter doocy come alive amongst all the melee on capitol hill. Peter . Im toward that Jared Kushner come of senior white house advisor, has reached out to at least one democratic senator. Joe manchin, from west virginia. The two talked immigration but never got into any specifics about what kind of a deal he might be able to handle. If any. Kushner was also at a meeting with a group of moderate republicans last night, hosted by republican senator Lindsey Graham. Im told the discussion included a possible plan to trade border wall money for a daca fix. To let illegals brought the country as kids stay. Right now the number is 5. 7 billion. If democrats want to offer less than that, maybe it can be a smallscale daca fix. If democrats can stomach more, maybe it will be a largescale 16 fix. There is a process, may be, that will pay dividends in making sure the president gets his Border Security funding. And can add some things to the mix that would draw some bipartisan support. Its in its infant stages. No commitment by anybody. Just now on the senate floor, two Democratic Senators from maryland, homes to tens of thousand government workers, they have plans to reopen house. But they were shut down by the majority leader mitch mcconnell. The last thing we did to right now is to trade absolutely pointless show both back and fo. Im extremely disappointed. I can assure the majority leader that this is not a show about issue with 800,000 federal workers being denied their paycheck. The morning after calling President Trump petulant, House Speaker nancy pelosi stepped up to a podium to talk republican colleagues. We are saying to them, take yes for an answer. This is what you have proposed. What are you rejecting at the expense of the health, safety, and wellbeing of the American People . Do you take an oath to a constitution, or an oath to donald trump . Mitch mcconnell was clear on the floor beside today, he will not bring forward any kind of a spending bill unless he knows for sure that President Trump will sign it. That means there is no instant, quick fix to the shut down on the table today. Harris . Harris we already know kind of what the president was saying, its got to have wall funding it. Okay. Peter doocy, thank you. Do you ever feel like youre just going around the yard chasing stuff without the lawn mower . [laughter] how my going to cut this grass . I dont know, bob. You need a lawn mower. I feel like they arent getting any closer. Andy these kind of negotiations have momentum. If you had asked me two or three weeks ago, i thought this would be a total loser for President Trump. Because when he had that meeting with pelosi and schumer, he said im going to on the shut down. Im never going to blame you for it. Its going to be on me because im happy to do it. And i said there he goes. And what he has done instead by staying with the issue and making sure that he planted himself on an issue that is a real issue to anybody objectively looking at it, there were crisis conditions at the border. You want to say its a National Emergency, however you want to describe them. Theres a big problem down ther there. He is highlighting it, and hes got his opposition on defense. So he is in the game and hes got a chance to win. Which i, frankly, i didnt think a couple of weeks ago that he did. Harris so, this idea of executive fiat to do something he has used it two or three other times already in his presidency. I dont know if people realize that, but he has. Not on issues having to do with the border. Former president obama use it several times as well. We know one of the method of immigration it was daca. Where to resend the legality of that . How will that you get challenge in the courts if you were to do something by executive order . I think its a terrible way to run the government, and unconstitutional way to run the government. Congress is supposed to pass the laws, the president as opposed execute them. Harris the Congress Seems to be constipated on this issue now. What does the president do . Andy i hope he doesnt declare the emergency, because politically, right now, the momentum is on his side. The second he declares an emergency come of the is going to flip from whats going on with the border to whether he has done something illegal and unconstitutional. Kennedy you are right, that wont be the worst thing in the long run if Congress Finally takes back some of that power. But, to your point if congress acted, and lets say we take a pause and they pass legislation and address whatever is creating these crisis conditions. Whatever the uncertainty is. If the actual interest that, in six months, what would happen . I think you would see the crisis abate. Harris i dont know if they want that. Melissa i dont know that everybody wants the crisis to abate. Those are those who say there is no crisis, that its manufactured. Certainly those people dont mind it to abate. And there are people who has a less a political issue. On a technicality, we talked about two different things, here. Is there an opportunity for an executive order that is different from declaring a National Emergency . Are these the same things . What are all the options that are available . Andy he could issue an executive order without declaring an emergency, but he cant he cant repurpose funds without declaring an emergency. Melissa so all he needs to do is declare a National Emergency. The six i should point out, the problem here is that congress we do this government by emergency so much that Congress Actually enacted a statute in 1976, the National Emergency act. The presumption in the statute was, if the president declared an emergency, the congress could overrule it by a joint resolution. What happened was in 1983 the Supreme Court throughout the legislative veto. What is left is the president declaring the emergency with no check on the president s ability to do that, because of what they wrote into the statute being voided by the court. Katie it goes back to whats actually on the table. What is being negotiated, what can the president do, what can congress do . Nancy pelosi held a press conference this morning and she said that daca hasnt even been discussed. At the same time, saying it hasnt been put on the table by democrats, she admitted that its a very popular thing both by democrats and republicans. They have offered numbers of Daca Recipients and their parents amnesty for some kind of harris but republicans stepped on that. Katie correct. Everything that i think is important, its been portrayed that the president is only asking for a wild. That its only solution he thinks he can come up with. This is a letter from last week, from the office of budget and management. It includes 500 million for new Immigration Judges to process asylum claims that you you would think democrats would want. 52,000 new detention beds in these ice centers, so they can properly and humanely process these people. Humanitarian aid. The most important thing because you have seen democrats say we are all about new technology, we are about Border Security well, and this letter they offer 675 million for additional technology. Harris from whom . Katie the office of budget and management, from the administration, to the senate. Saying look, the bill thats on the table in terms of appropriations, the senate bill, doesnt include these things. These are what we want. Three of these things, democrats have asked for. Putting it on the table. Kennedy youve got technology and unit employees. Democrats have been clamoring for that the entire time. If hardcore immigration activists and conservative hardliners are worried that the president folds, he capitulated on a lot of the stuff. Harris i had democrats under republicans on outnumbered overtime it yesterday, its about a wall. Let me finish. He will say the wall and then he will say other things. We are actually at a point of immaturity, it would seem, in this conversation where you cant even see say that fourlr word no matter what you put in front or behind it. Do you completely take it out . Does that hurt him with his base, if you completely take that word out and supplant it with everythings . Im just trying to get us to go forward. Katie, what do you think . Melissa he has taken the word out quite a bit. You heard talking when you talk about showing a little while ago, if you look in committee in june, there were democrats in the senate who voted yes for these very things. For border funding. Border security funding. Whatever it is. They voted yes, we nancy pelosi said they would not over in the house. He wants so, what im doing is called the democrats bluff. Andy, thats what we are doing. That if you take out that fourletter word, wall, call their bluff and see if its not the thing. Andy i must say, the semantics of this people know that walls make sense. The problem with the democrats position, they have taken the position that there is a morality. Kennedy they dont believe that. They are not reacting to the wall, they are not reacting to the problem. Which means they are not reacting logically. They are reacting to the president. I would challenge nancy pelosi and Chuck Schumer for a moment. Take the present out of it. Pretend that there is some blink person he was president , and its not donald trump. Obama [laughter] kennedy be concerned with the actual issues. The people at the border, those most affected, talk to legislators and border states. Then come up with a solution. Forget the president for just a second and see if you react differently. I think the reaction would be diametrically different. Harris melissa, lets take the couch to d. C. Melissa okay i love that idea. [laughter] harris we will try. Democrat lawmakers demanding the attorney generals testify sooner rather than later. Republicans are demanding the Deputy Attorney general testify, as well. Whether we will see either official do this, and what it will me to the special counsel investigation. And, the president s choice to be the next attorney general making the rounds on capitol hill ahead of the highstakes hearings next week to confirm william barr. Whether or not democrats will make a stand to try and block his confirmation. I still believe, after the revelations about mr. Fisa unsolicited memo, President Trump ought to withdraw this nomination when cravings hit, hit back. Choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. Glucerna. 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He is the pick to replace Jeff Sessions as attorney general. Committee democrats plan to grill barr on his view that the special counsels rush investigation, specifically, a memo he sent to Deputy Attorney general Rod Rosenstein last year. In the memo, barrs criticized the discussions as misconceived, and wrote that President Trumps interactions with former fbi director james comey would not constitute obstruction of justice. Here is minority leader Chuck Schumer on the senate floor yesterday. President trump is trying to replace folks like mr. Rosenstein, with conflicted loyalists like Matthew Whitaker and william barr. I still believe after the revelations about mr. Barrs unsolicited memo, President Trump ought to withdraw this nomination. Melissa top democrat on the judiciary committee, senator dianne feinstein, meeting with barr today. Democrat senator Patrick Leahy also expected to meet with barr. Ante, you were shaking her head through that whole thing. Andy because the memo barr, by the way, as a former attorney general has said, he is the most qualified candidate to be attorney general since robert jackson. Thats how qualified he is. He has already been attorney general, and he was a terrific attorney general. The memo does not say that the investigation is fatally misconceived or whatever it was. Melissa where does that come from, then . Andy what it says is that one aspect of the obstruction investigation is misconceived, and he is complete the right about that. Melissa which one is that . Andy its the aspect that says he can be held by obstruction. Like firing subordinate officials or issuing pardons or weighing in on the merits of investigations. What barr said is that a president can certainly be cited for obstruction if he commits a traditional obstruction. If he pays off witnesses or suborned perjury. But you cant be cited for obstruction when you do something illegal, because a mere prosecutor who is an inferior executive official decides to secondguess the chief executives intent. He doesnt get to do that. Harris thats Andy Mccarthy right there a andy thats what the memo says. Its a brilliantlydone memo, which is not surprising, because barr was the head of the office of Legal Counsel during the first bush administration. George h. W. Bushs administration. Those guys are the lawyers lawyers in the Justice Department. If you read this 20 page memo, it reads like an olc, office of Legal Counsel, Justice Department memo. Its actually a stellar piece of legal craftsmanship. Melissa what other things do you think they are going to try and throw out there, to say that hes not qualified . Because this was it seemed to us like it was one of those picks where you pick someone who did it under, at the time this was during the time of the funeral of former president george h. W. Bush. They were talking about how he was the last good, honest, decent man to hold the office. In his group. It seemed like it was somebody already served. To the naked eye, there should be no we couldnt get through until he killed somebody or something. Andy if you have the right kind of world, he would get confirmed 100 to nothing. In the world we are currently in, where everything gets politicized, they will go after him. He is going to get confirmed. Hopefully he will get confirmed with an overwhelming vote. Im not holding my breath, but. Kennedy its okay to have questions. We have seen what a hyper politicized committee can do, and how they can get something wrong. All we have to do is look at Jeff Sessions. I hope the democrats coordinate and dont only focus all of your questions on this memo, and i hope republicans dont just give him a pass. The attorney general has enough independence that this person is coming into a climate and coming into a time of criminal justice reform, in an environment that is completely different than when he served in the late 80s and early 90s. Therefore, he has to be how will you deal with things like civil Asset Forfeiture . How will you move forward this reform push that is bipartisan and has the acquiescence of the president . And dont just focus on the memo, because you can waste so much time. You can do the country a great disservice. Harris you know what . You need to go to that hearing. [laughter] katie im looking forward to watching. Seeing democrat