i'm michael smerconish in philadelphia. president trump's legacy was cemented this week. yes, the house committee voted out articles of impeachment, but that is not what i'm talking about. assuming the senate aquits the president, he won't be removed from office, and impeachment will be a blemish on his record, but if you want to talk about a more lastic impact on all of us, it will be his record of judicial selection. remember, appointments to the federal bench are for life. the milestone this week was the confirmation of his 50th

appellate court pick. it was senate action. lawrence van dyke was confirmed for the 9th circuit court of appeals marking president trump's 50th successful appellate court appointment in just three years. in eight years, president obama was able to confirm 55 circuit court or appellate judges. it's these courts, not the supreme court that's the final word on a majority of matters. his picks are in average ten years younger than obama's. they'll be making law for a lot longer than donald trump will be president, regardless of what happens in 2020. here's another way to assess. the 9th cord in san francisco covers the western states of

california, watch, oregon, neva nevada, idaho, alaska, the population here, about 20% of the united states. the 9th circuit is historically, famously liberal in its disposition. it was the 9th circuit that struck sow california's same-sex marriage ban, ruled that the second amendment does not include a individual's right to bear arms, and bans on assisted suicide are unconstitutional. you will remember that this course one held that the pledge of allegiance "under god" language is an unconstitutional -- of religion. it's been calculated at this point during the obama presidency, he only appointed 24, means trump is appointing

appellate judges twice as fast as obama. president george w. bush had only filled 30 seats. president clinton 27, president george h.w. bush 31, ronald reagan 23. that pace is partly due to president trump's disregard of the tradition of the so-called blue slip, a showing of demps to home state u.s. senators. van dyke, by way of example, did not enjoy the support of either of nevada's u.s. senators, all this not to mention the two picks that president trump has already made to the supreme court. while some of his picks have been controversial, van dyke for example was deemed unqualified by the american bar association despite his harvard law degrees and past as solicitor general for montana and nevada, most have received high mark foss credentials. many have clerked for the supreme court. they've been called over the years business the federalist society in anticipation of a

republican president just like this, and all of them have one thing in common -- a conservative judicial philosophy. their impact will be felt for. years to come on matters of health care, equality, privacy, abortion, climate, guns, the list is endless. and the way in which president trump has deared out his duty to make judicial appointments, namely fulfilling a campaign promise to flail jurists, says why impeachment fans have not moved the needle with the president's base. did i convince you? go to my website, it's smerconish.com and answer this question -- which will have greater impact on president trump's legacy? remaking the federal courts or impeachment? joining me to discuss is ian millhighser, a senior correspondent at vox, where he wrote an excellent piece. he also clerked for a judge on

the 6th circuit and the author of "injustices" ian, talk to me about the pace. i referenced the blue slip tradition, but what accounts for president trump's ability to get so much done? >> part of the answer is mitch mcconnell has turned the senate into a factory that kicks out judicial confirmations. there's more than 100 bills that passed the house that the senate has ignored. mcconnell has been confirming judge after judge after judge. trump had an unusual number of vaccination candidacies to fill. when obama was president, mcconnell turned it into a blocking of, and then the minute that trump got in, he's just been kicking out confirmation after confirmation, because the rep party views taking over the

judiciary as a very high priority. >> the federalist society's role in this, the president has made no bones about how he relies on them for the screening process. >> the federalist society is an organization that covers up and down the legal profession. harvard law students, law students at all law schools that join the federalist society, all the way up to a supreme court justices. it identifies lawyers when they are law students, finds people who are very talented, and who are very committed to a conservative ideology, and basically forms a pipeline so the smartest kids at harvard get the best clerkship. they move up and up until they become federal judges or even justices. >> folks watching might be unsettled with the philosophical disposition of some ofs in jurists. as you pointed out in your piece in vox, it's hard to quarrel

with their credentials. >> yeah, if you look at the credentials of trump's nominees, most have extraordinarily impressive resumes. if you're a republican, you should be very happy with that. if you're a democrat, that should bother you more. if you don't like the agenda these nominees will push, the fact they're so smart, means they'll push a very conservative agenda in a competent and systematic way. democrats would be better off if president trump was just picking goons to fill these seats. >> the 9th circuit for a lab for what you wrote about it and what we are discussing, please sum it up. >> sure. there are a number of vacancies held over on the 9th circuit. there are a number that have opened. mcconnell has made sure those seats get filled as fast as they can. what we're going to see at the beginning, 10 of 29 seats are

now controlled by trump. as long as he's in office. more judges will keep retiring. judges unfortunately are going to die, so you will see this pace quicken and trump will gain more and more control over more and more judgeships. >> i would tie together all of today's front page news under this bow and i think herein lies the explanation why the base doesn't perhaps pay so much attention to the underlying facts of the impeachment probe. instead they're getting a heck of a lot from what they wanted with trump with regard to the remaking of the federal bench. >> there's no question that this is a big deal for wrap. i graduated from law school in 2006. it wasn't that long ago. back then, if you listened to the federalist society, if you listened to republicans talk about judges, they talked about judicial restrained they wanted the judiciary to do less and less. now when i hear them talk about it, they want to do more and more, strike down obama care,

hobble the epa. immunize trump from a lot of the investigations going on in the house. so what's going to happened is that the judiciary will get more conservative. it's also going to claim more power to itself, which means even if a democratic president is elected in 2020, the law will still move to the right because the courts will be pushing that in that direction. >> ian, that was excellent. thank you. >> thank you. i say every four years on the radio and here on cnn, every four years, here's the issue we should be spending more time discussing, the awesome responsibility of a president to single handedly appoint members of the federal yew dishary. the issue just never seems to get the level of the attention that it warrants. tweet me or go to my facebook page. i'll read some responses. catherine, what do we have? this entire regime is nothing more than a power grab.

thank for attempting to awaken america, michael. i'm not minimizing impeachment, but this -- this is the legacy that will matter. one more. do i have time? we won't know the answer to this yes, because he has four more years to go. i would say the courts. bill calfry i'm saying the impact he's already had, he's doubling the pace of president obama with his selections. my guests just explained how the table was set for him by mitch mcconnell to be able to do so. up ahead the brutal slaying of an 18-year-old barn ar freshman and shocking the ages of the alleged attackers. what should the just system do in cases like this? and is president trump's impeachment just partisan bigering? how are thousands outside the

beltway reacting? and answer my question -- which will greater impact on president trump's legacy? your school. your job. your dreams. your problems. (indistinct shouting) but at the y, we create opportunities for everyone, no matter who you are or where you're from. for a better us, donate to your local y today.

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dishary voted to advance two articles of impeachment against president trump. for some it's monumental, just the fourth time a u.s. president will face impeachment. so how is it playing in the swing states? joining me to discuss is charles franklin director of marquette law school poll. dr. franklin, you were just in the field. what did you find? >> we found that first of all the public testimony did not move opinion and secondly 40% support impeachment and removal. 52% oppose before the testimony it was 40 to 53, so it hardly budged as a result of the testimony. >> i understand it's a game of inches, but support for impeachment in the state of wisconsin actually declined the further we got into the testimony. >> that's right. the first wave of surveys in

october, before any of the public testimony was done, was 44% in favor, 51 opposed, so that inched down 4% in support, inched up a point or two in opposition. most of that was driving by republicans coalescing completely behind the president. democrats are a bit less in favor. the 0% of republicans are opposed. 80% of democrats are in fair. it's not a big gap, but it's a little bit. independents are a bit more opposed than in favor. >> look, i know you're a numbers guy, but i know you got a ph.d. in political science from the university of michigan, so what is going on here? what is it about the playing out of the testimony that didn't strike people in wisconsin? >> i think that people absorb the message that reinforced their view form the evidence is pretty strong that people who thought the president was culpable ahead of time are supporting impeachment.

those who believe the president and are disinclined especially to accept messages from the other party dismiss the pro-impeachment evidence and stick by the president. this is something we've seen the last few years about people wantic to believe and acting on that and being very hard to move them with new information. >> my own -- i agree with what you just said. my own thought, for what it's worth, is folks are out working, raising kids. unlike me they don't have the time, it's moot job to do so to watch every aspect of it. so they probably then get their information from their usual outlets, which have a decidedly different presentation and they accept that belief system. >> and then we get to select the sources of news, and there's some gaps between the different

sources. the other thing we see is about a third are paying close attention, about a third some attention, about a third little or no attention. those paying a lot of attention have moved a little more in accepting the evidence of what trump did in withholding aid and pressuring ukraine, but those paining little attention, po about half say they don't know what he did with respect to ukraine. >> i want to quickly put up on the screen the head to head competition. my takeaway was that it almost matters not who is in the lead and who is behind. it's all within the margin of error. is that fair? >> i think that's exactly right. we included corey booker, who has not broken out into the top tier of democratic people. he trails trump by 1%, exactly the same as elizabeth warren and pete buttigieg. that's a good example that

democrats are focussed on defeating the president, and at least when it's trump versus a democrat, we get almost identical numbers. biden does one point better than trump does, but the other are at one or in bernie sanders' case, two points down. >> to the uninitiated, why make a big deal other wisconsin, my response will be tell me who wins wisconsin in 2020, and i will tell you likely that's who gets the presidency of the united states. you get the final word. >> that's the point. three of the last have been decided by less thran -- if you gave clinton michigan and pennsylvania, but trump still won wisconsin, trump still won the electoral college. >> nicely done. thank you, dr. franklin. >> thank you. make sure you're going to the website and answering this week's survey question.

you know how i'm voting -- which will have greater impact on president trump's legacy? remaking of the federal courts or impeachment. a suspect is arrested in the case? 13 years old. the others involved said to be only 14. what should we do with juvenile killers? steyer: i'm about to say two words that will make washington insiders very uncomfortable: term limits. you and i both know we need term limits, that congress shouldn't be a lifetime appointment. but members of congress, and the corporations who've bought our democracy hate term limits. too bad. i'm tom steyer and i approve this message because the only way we get universal healthcare,

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what do we do with squlufls who killed? new york city was shocked by the murder of a freshman during a robbie near campus early thursday evening. now a 13-year-old boy has been ace rested. he admitted to be involved in the attempted robbery and stabbing. people have recommended several charges. his legal aid so i attorney told "new york times" that the police had no evidence beyond the oy's statement and hi had never previously been arrested. there's no allegation my client touched the complaintant, he was merely present when this took place. until new york state law, minors can be tried as adults, but per the times, the 13-year-old will be prosecuted in family court, because he's facing a charge of

felony murder, meaning he's not accused of the stabbing, but taking a part in the robbery. the 13-year-old's statement led police to other suspects, one of them ra 14-year-old, a third suspect is still being sought. joining mess is executive director for the it campaign for the fair sentencing of youth. there was a quote on your website, some background actually that i'll read and hopefully you'll explain. the united states the website writing, treats children particularly youth of color that come into conflict with the law, in trot intensely cruel and inhuman ways. this is evidenced most starkly by the fact that the united states is the only country that sentencing children to die in prison by imposing life without parole sentencing on individuals under age 18. imposition of the sentence varies significantly based on geography, quality of legal

representation, the child's economic status and race. apply some of that thinking to what we now know about this case. >> first, i want to start by saying my hard goes out to the majors family. as a mom myself, i can only imagine what her parents are going through. it's just any mom's worst nightmare. i think there's a lot we don't know yet about this case. what we do know, though, is young people can and do commit serious crimes. they need to be held accountable for those crimes. it needs to be done innage age-appropriate way that takes into account their unique characteristics, and that's what the juvenile system is set up to do. >> what did accountability look like for a 13-year-old or

14-year-old? h hypotheyically. >> it so the focus of the juvenile system is to remove a child from society, to acknowledge the harm they have caused, to remove them from their family, from their community, from their friends, from all that is in the community to support them, and remove them to a place where they can get rehabilitated, they can understand what they did wrong, understand the consequences, and mature so that they can come home and eventually be freed as productive members of society. the adult system, on the other hand, is intended for adults. we can't take a label of adulthood and slap it on a child when they commit harm. we can't ignore everything we know about young people when they commit harm and throw them into an adult system which is unfit for children. i think it's important to unpack what it looks like for a child to be thrown into an adult

system, when we think about the sentences a child could face. the reality is kids going into the adult system are often disproportionately victimized because of their vulnerability, they're often housed in solitary confinement for their protection, oftentimes for year this is what we're talking about, giving them an extreme sentence, as opposed to, you know, the very real punishment that is putting them into a juvenile system that is focused on where they are developmentally and meeting their needs and ensure that when they come home they are productive members of society. >> the supreme court of the united states, folks should know this, took the death penalty off the table in 2005 for juvenile 06ders. you correct me if i'm wrong. then in 2010, using the same logic, struck down the penalty for life without parole for non-homicide crimes committed by juveniles.

>> since then the supreme court has gone -- for the vast majority of children. i think it's important to recognize we're the only country in the world that does this to children, a sentence to life without parole is defining a child based on the worst thing they have ever done. this is really a moral question for us. what do they do with a mild who commit hard? do they throw them into the adult system or condemn them to die in prison? or do we recognize there are characteristics about them, factors about where they are developmentally that we need to take into account and we take those things seriously and factor them in when we hold them accountable. >> i don't have the hans. this is one of the stories i find it difficult to read from start to finish, in all the coverage. i just so heartbreaking on so many levels, not the least of which is is for the decedent, the barnard student who is gone.

>> absolutely. >> thank for you shedding some light on the difficulties the system will face. >> sure. thanks for having me. still to come, joe biden is warning that boris johnson's victory shows the dangers of leaning too far for the left. he 'em says the resemblance to president trump will think more likely that trump could win reelection. is he correct? why did this farm somewhere to post signs, because that i crop looks, smells, even tests like its cannabis cousin. i'll talk to a woman who runs a hump farm about how she has to educate thieves and law enforcement.

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this is the first year of a legal hemp harvest after president trump signed legislation legalizing its cultivation and turning the oversight of the crop over to the states, but it's causing a lot of headaches for farmers, because it's hard to tell the difference between hemp and pod. both are cannabis plants, but hemp has a far lower concentration of thc. growing hemp had been criminalized since 1970, but now there's been a explosion of products uses cbd in farm suitic creams, even dog treats. because of the similarity to marijuana, however, farmers find themselves having to take strong measures to protect crops from

trespassers and from law enforcement. my next guest was forced to put this sign on her land. iris joins me now, the founder of homestade hemp. he grows hemp on her family farm. ms. rogers, iris, tell me about asher, your dog in that photograph. the fact that you need asher says a lot about the problem. >> yes, it does. asher is a blue heeler. we rocked in about 1500 worth of plans were stolen. these two men came in the middle of the night and just dhopd down plants in the pouring rain on our property. it's scary that and we can't put up a fence around the entire property, asher is our new alarm

system. >> your thought, i guess, is the thieves thought they were stealing weed, mean something with a higher concentration of thc? >> yes, even though we had the signs up, i think there's a lot of education that's not out there yet. so i think these two men were stealing with the idea that it was marijuana, even though it wouldn't get you high, but that's -- they didn't really recognize it as that and they still stole the plants. >> iris, to your trained eye, if i were to show you hemp and marijuana, could you extinguish the difference? while they were being grown, would you know the difference? if i were to dry and burn them, would you know the difference? >> no, i don't think so. i definitely can't. there are experts who can, but they look and smell the same. they both have thc in them, even

though hemp has a trace amount of thc, they still smell the same. >> so what do you do then to protect yourself? forget the thieves for a moment, how about law enforcement? it puts cops in a tough decision trying to distinguish one from the other? >> yes, law enforcement is really tricky. i was lucky. in my community my law enforcement is so wonderful. we were really proactive about the situation. we figured we would be robbed from, so we worked together with our local law enforcement to element them know what we were doing, where we were doing and what we figured would happen. so when it did happen, they were ready. they understood, but they tested our plants right there on the spot and they said it did test positive for marijuana. i said, right, but it's not telling you exactly how much is in there. this is a major problem. this is happening across the country, where farmers are

having their hemp transported, and then law enforcement is busting it like it's marijuana. even if they have the legal paperwork and documentation, they're still not believing it. there's no test that can tell you radio i got there on the spot how much is in it. so we're kind of combatting each other. we need to be working together and need to come up with a solution that will impossibility protect farmers, consumers and law enforcement so we're not clashing together at the same time. >> i had some trucker called my radio program just yesterday and they said they had exactly that happen. they were lawfully transporting hemp. laud enforcement pulled them over, smelled, thought they were making one of the all-time big drug businesses, and it took a while to unravel. final word -- how is asher? >> he's great. he's really good. he's kind of bored right now, because there's no plants on the field, but yeah, it's a huge

problem. truckers who are transporting hemp, they should not be getting arrested. they have nothing to do with that, they're just the transportation people. it's a mess. it really needs to be resolved. >> all right. good luck with your crop, and thank you for being here. >> thank you so much. i want to remind you to answer the survey question. i addressed this in my opening commentary -- which will have greater impact on president trump's legacy? remaking the federal courts? or impeachment? for what it's worth, mine is a federal court argument and vote. up ahead, why did enbond go all in for johnson? it's because johnson's opposition went too far left. i think this is arguably the best campaign ad i have ever seen, based on the movie "love actually. "

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joe biden says the surprise conservative landslide should serve as a warning shot for 2020 democrats. in react to boris johnson's conservative party, bide ensaid, quote, look what happens when the labor party moves so, so far to the left. he also added -- boris johnson? a kind of physical and emotional clone of the president, is able to win mayor, i don't know if you're a "love actually" fan, but let me show you the way that commercial ends. i think it was genius, and then you can critique it. go ahead. >> sure. ♪

♪ sleep in heavenly peace ♪ sleep in heavenly peace ♪ >> enough. enough. let's get this done. ♪ what do you think, mayor? as a practitioners of the art yourself, damn good commercial, right? >> first of all, good morning, michael. i have to say i am a fan of "love actually" i think this commercial really pointed out even more than i think some of the conclusions being drawn by the -- and boris johnson's case, he kept the message simple, it was direct, it was

understandable. on the left you had a divergence of candidates, where the message was missed all in between, not a lot of consistency. even the head of the labor party was afraid to really come down and say where he was on the issue of brexit. i think that was confusing to those who were anti-brexit folks. i would have to say that it probably had a lot more to do with the consistency and strength of the message. that ad obviously pretty brilliant in and of itself that contributed to the outcome that we saw in the british elections. >> look, i'm no expert, though i do try to follow it. i certainly remember that brexit was june of 2016, trump's election was november of 2016. in retrospect, people said, man, it seems like a wake-up call too much. do you think too much is being made of the application of thef johnson's victory and what it

may mean for trump? >> boris johnson avoided trump lying the plague recently during trump's visit, wouldn't even take public visits with him, was seen among a group of foreign leaders literally laughing at the president. donald trump remained for him a scourge in britain just as he does for about half the country here in the united states. so i think we ought to be cautious how much we sort of compare the two of these and use this as a prelude to what would happen in november. another thing that i would point out is, here in the united states we know in 2016, 4 million fewer people voted in the presidential elections. if a democrat is going to win, and i sure as heck hope we do, we'll have to do a very, very persuasive job at not only getting those voters back into the fold, but ensuring we can pull our base together. other common threat remains the

same, regardless of what camp you are in, and that is defeating donald trump. we can't have the a same manage taye that we saw in great brita britain, where you had the opposition split so widely, that it was different to have a consistent message that the left, the right, the middle could come around. >> i keep hearing about the people who live in the midlands, and it sounds like the people who live in wisconsin, ohio, who have similarities that they voted for boris johnson. these folks in formerly manufacturing meccas, who are buying into the idea that it can all happen again for them. >> what i hope that those folks will concluding, he has exacerbated their problems, the same jobs that evaded them in the lead-up to it still in,

donald trump sold them a bill of bads, and the democratic party has to point out their lives are not better off in that instance. but we also have to do a better job in reaching back to those who showed up for us, and then decided not to participate in 2016. in florida we had more democrats vote in 2018 in the democratic and the election of governor, than democrats who showed up and voted in 2016. that's a problem. we can't repeat that problem come 2020. i love the scene where the kid is running through the airport in search of his love interest. she's getting on the flight. remember, he's the drummer, she's the singer, he finds her at the end of the movie. >> yes. >> unbelievable. >> i'm glad we turned into a "love actually" admiration party

this morning. >> nice to see you, mayor, you as well, michael. happy holidays. you too as well. joe, that seemed to be what joe biden was arguing. obviously if that's the correct interpretation, it's to the detriment of elizabeth warren, and even more so bernie sanders. coming up, the final results. which will have the greater impact? go vote.

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well, let's see if you found me persuasive. here's how you responded to the survey question at smerconish.com. which will have greater impact on president trump's legacy, remaking the federal courts, that's where i voted, or impeachment. survey says, woofah, oh, wow, 60-40. i get suspicious, even though i seem to have won the argument r when it's a round number like that. that is the right answer.

50 appellate court appointments in three years for president trump as compared to barack obama getting 55 done in eight. i mean at that rate, another year or another five years, wow, the federal courts will be totally remade. what do we have, katherine, from social media. persuasive. persuasive. just like your biased republican journalism, why not mention how moscow mitch blocked everything obama did, especially with judges! you trump lackey. hey, my guest brought out the fact when i had asked about the pace how is he able to get all this done so quickly, he said it's because mitch mcconnell threw up a roadblock. i guess you weren't listening to that part. quickly, one more. what else? i think the whole impeachment process will back fire on the democrats and will bolster trump's position. he will likely be re-elected which means he will, probably, appoint a third member to the supreme court. talk about a judicial legacy! everybody talks about the

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