kennedy: thank you so much for watching tonight. now go after hours foxbusiness.com/theindepende nts. goodnight. evening, everybody. as we begin this week, americans are awaiting two major decisions that could rock the country. we begin tonight in missouri where governor jay nixon has just signed an an executive order activating the state's national guard. governor nixon says he's calling up the national guard to support local law enforcement. as a st. louis grand jury prepares to hand down a decision on whether to indict police officer darren wilson who shot and killed michael brown. activists and protesters over the weekend participated in what they are calling dead-ins. hundreds of demonstrators practicing closing streets by

posing inside fake crime scene chalk lines like the ones that you see here on your screen. another group calling themselves justice for mike brown, they're posting pictures of media members covering the story on their web site. and they've posted a list of business targets, as they put it, for protesters to disrupt. and as best as we can determine, most of those businesses have absolutely nothing to do with brown or the controversy. anheuser-busch, monsanto, boeing offices among the many on the list. st. louis major francis slay warning those who have engaged in the considerable violence and the looting over the past hundred days that have passed since brown's death, he's warned it simply will not be tolerated. >> the fact that we're talking and working together to the make sure that people's first amendment rights are protected,

but also, you know, we got the message out we are not going to tolerate lawlessness, we're not going to tolerate people violating the law, tolerate violence. lou: questions, of course, remain about the culpability and the responsibility of the obama administration and to the regard of these -- and the extempt of -- these nonstrayses. -- demonstrations. "the new york times" reporting the president met secretly with national civil rights leaders the day after election day talking about the situation in ferguson. the reverend al sharpton told "the new york times," quote: the president was concerned about ferguson staying on course in terms of pursuing what it was that he knew we were advocating. sharpton's ambiguous to the point of confusing statements leaving the president's motivation and purpose uncertain and hardly a call to obey the law and to maintain order for the public good in ferguson. the second major decision that we all await is the president's

promised executive fiat that would grant de facto amnesty to five million illegal immigrants in the country. president obama proclaiming he has now the legal authority to change our nation's immigration laws unilaterally. >> i can't wait in perpetuity when i have authorities that at least for the next two years can improve the system. i would be derelict in my duties if i did not try to improve a system that everybody acknowledges is broken. lou: the president's comments and position and proposed action are contradictory and confusing. in fact, he didn't to act unilaterally for six years, and that's because now he acknowledge -- until now he acknowledged that he lacked the constitutional and legal authority to do so. here is president obama just a year ago admitting that any expansion of his policy to

suspend deportations would be against the law. [speaking spanish] lou: apparently, he deems it an option now. house judiciary committee member congressman ted poe, the vice chairman of the subcommittee on immigration and border security, joining us here tonight in just moments. returning to ferguson, a new video released showing officer darren wilson leaving the ferguson police station and then heading for the hospital about two hours after that shooting took place. also new audiotapes reveal the entire encounter between wilson and michael brown lasted about 90 seconds. and the;:

>> absolutely.

lou: why then are we hearing from the oval office according to al sharpton, such statements that would suggest that the very administration that leads this nation that the authorities in some part of ferguson, missouri, think that there's going to be a great upheaval here, a great civil disobedience action taken by those who think they have a better handle on the folks than a grand jury. >> well, i think what people are looking at is individuals' right to express their first amendment rights to free speech. a lot of people, including myself, believe that there was enough probable cause to charge the police officer versus going to this secret proceeding of a grand jury. but regardless of whatever the grand jury's decision is, mr. dobbs, mr. michael brown's parents, they ask that everybody act in a peaceful, constructive

manner in exercising their first amendment rights. and they have confidence in the people in ferguson that they will -- they're good people, and they'll do the right thing. so the people coming from out of town, they want them also to act in a peaceful, nonviolent manner because you can never solve issues of violence by being violent. lou: and at the same time, they went to geneva to appear before the united nations committee against torture there. they are, they feel there are the victims of torture, what would be their purpose in going there? >> they went to the united nations based on the invitation to express that they want justice for their son. they believe their son was killed by this police officer using excessive force, and they feel that if they don't speak up, if they don't use every invitation, every audience around the world to speak to

that child to they can get justice for him. lou: mr. crump, i've got great respect for you as an officer of the court, as an attorney, and i understand the grief and the pain of this family. but the reality is the grand jury's the only one in the possession of facts. what one believes, what one feels, all of that, our entire legal system is meant the move to the side -- to move to the side and put justice forward. there is in a bit of a wink and a nod, it seems, from certain quarters suggesting we'll talk about peace, we'll talk about not creating any violent action. but, again, a wink and a nod. a dog whistle, if you prefer in all of this. do we sincerely believe the president of the united states will step forward and say we don't want to see any kind of nonsense, any kind of violence in ferguson, missouri, that we

truly believe in this system of law and that we are going to give it a chance to operate? because what we're seeing here is a city it seems, at least a good part of it, preparing for a fuselage from activists in the city. >> well, just to try to respond to the couple of questions you asked, i think the president is certainly going to be asked to let everybody be nonviolent and accept the rule of law. secondly, the grand jury proceedings that the prosecutor chose, i think, is not appropriate. i think when you really think about it, lou, and i'm being square with you -- lou: sure. >> -- if this process that he chose so fair to say we're going to give all the evidence out and we want everything to be equal and so forth, then the other 20 years or so that he's been a prosecutor, are we to take it that he was unfair to everybody else, and he's going to be extra fair to the police officer? that's not right.

you want it to be equal for everybody. either it was unfair to everybody his whole career or it's more favorable to police officer wilson. america, we have to have equal justice. we can't change the rules when it's our children lying dead on the ground. it gotta be equal if it's your child, my child or anybody. lou: and if the decision -- and i know hypotheticals are difficult -- if the decision is not to prosecute officer darren wilson, what will be your reaction, what will be your words that you would share with the community? and that of the family? >> thank you, mr. dobbs. i think it's real clear, the family understands people's frustrations. nobody's more frustrated than them. with that then said, they want everybody to be peaceful, and we want you to exercise your first amendment rights because this is america. but you cannot be irresponsible. and that's not just on the supporters of michael brown, but that's also on the law

enforcement. you can't have them acting inappropriate neither, and i think the governor should be also speaking to all the citizens and all the parties that we all got to be our best in this defining moment. lou: well, on the streets those demonstrations have hardly been the best with all the violence that's taken place, the looting and the property damage. perhaps we will see the best arise in these difficult times. benjamin crump, good to talk with you as always. thanks for being here. >> thank you, mr. dobbs. lou: the parents of an american aid worker who was beheaded by the islamic state spoke out today. they said they need time to mourn, to cry and to forgive. here is paula kassig talking about what led her son peter to travel to syria more than 13 months ago trying to deliver aid through a relief organization that he founded. >> if a person can be both a

realist and an idealist, then that's peter. peter has earned the right to be both. in 26 years he has witnessed and experienced firsthand more of the harsh realities of life than most of us can imagine. but rather than letting the darkness overwhelm him, he has chosen to believe in the good in himself and in others. peter's life is evidence that he has been right all along. one person makes a difference. lou: kassig the third american and the fifth westerner to be murdered by the islamic state. the radical islamist terrorist group reportedly still has another american in captivity, a 26-year-old american woman whose family requests that her name not be disclosed. we honor that request, and we're coming right back. stay with us. president obama at times

seems to be for everything this nation is against and against everything we're for. we take it up with the judge,

♪ ♪ lou: "the new york times" going after the president's decision to enact executive amnesty.

a new op-ed saying, quote: there is still time for him to respect the limits of his office, the lines of authority established by the constitution, the outcome of the last election. or he can choose the power grab and the accompanying disgrace. joining us now, congressman ted poe, a member of the foreign affairs committee and the judiciary committee. the judiciary committee which has taken the lead op immigration reform -- on immigration reform legislation in the house. great to have you with us. congressman, in the president's book, "i audacity of hope," he described his thoughts on illegal immigration. i'd like, if you would, you to listen to this and the audience, please. >> there's no denying that many blacks share the same anxieties that many whites about the wave of illegal immigration flooding our southern border. the number of immigrants added to the labor force every year is of a magnitude not seen in this

country for over a century. if this huge influx of mostly low-skilled workers provides some benefits to the economy as a whole, it also threatens to depress further the wages of blue collar americans and puts strains on an already overburdened safety net. lou: "the audacity of hope." your reaction, congressman, to his statements squared with what he is doing now without so much as even a nod to the issue. publicly. >> well, that was then and now is now. of course, the president is a pure political animal, and i think he makes husband decisions based upon -- his decisions based upon what's the best political thing for him, not what's best for the country, certainly not what's best in following the law. so the president, as he has said before, if congress wont do it my way, i'll do it without congress and, therefore, we should look forward to the president coming out with more executive amnesty, the latest being the turkey drop that'll drop right before thanksgiving

where he legalizes, allows people to stay in the united states and no consequences about how they got here or what they're doing here, and that will also tell them if they're legalized to receive federal benefits including obamacare. but he's going to do it his way. not what the public wants, not what the election showed and certainly not what the constitution demands. lou: are you surprised "the new york times" has come out and said this will be a disgrace? >> i am a little bit surprised. "the new york times" seems to take the, you know, the cover for the president throughout his administration, and i'm glad to see that they are pointing out the obvious, that this is something that, i think, will come back to haunt the president in the his legacy in that he is ignoring the rule of law, ignoring the constitution. he's certainly ignoring the united states congress. and i think he's also ignoring the will of the people. the elections, as he said and as you repeated on this show, were

a referendum on his policies as president. well, the american people rejected his policies as president, and so he didn't get it his way through the elections, he's just going to go ahead and go it his own way in spite of the elections. lou: anything you can do about it? you being the house of representatives. because this president, as you say if you're right, he's going to do what he wants to do. what will the house do in response? >> the house needs to do what the constitution allows it to do, and that is withhold funds from the president, and i'm going to introduce legislation if he follows through with his executive amnesty to withhold funds and not allow specifically in the next bill, appropriations bill that we come up this year, not allow any funds to implement this executive amnesty by the president. and there is some talk about other options as well, including another lawsuit against the president to go through the judicial branch like we're doing with obamacare.

lou: do you think the american people are a little tired of lawsuits and such on the part of the congress, that you'd like an expedient and, if i may say, timely response that makes some sense to the american people? who are -- i mean, you see the same polls that i do. i mean, the american people are outraged at the prospect, let alone the reality, and another lawsuit from the house of representatives, i'm not sure that that's going to to be particularly satisfactory. >> long term that might be successful. short term, cut off the money. that's what we have the power to do. let's exercise our authority under the constitution. don't give the president any money for executive amnesty. lou: congressman ted poe, good to see you. thank you. >> thank you, lou. always good to talk to you. lou: good to see you. time to look at our online poll results from friday. do you believe republicans can stop president obama from staying in office after his second term if they can't stop his executive fiat on immigration amnesty from taking

effect? 34% of you said, no. be sure to vote in our poll tonight, do you believe that if the president does issue an executive order granting de facto amnesty to millions of immigrants, that he will have exceeded his constitutional authority? is cast your vote at lou loubobs.com. the latest drug enforcement operation targeting at least three nfl teams whose medical practitioners were questioned yesterday on the suspicion they were dispensing drugs illegally to their players. there were no arrests, but there are some questions remaining about how all of this rises to a level of a national investigation when more than three million pounds of narcotics are still crossing our southern border every year. that border, by the way, the major transit point for the majority of the marijuana, cocaine, heroin, methamphetamines that do enter

the country still going on after all of these decades. up next, president obama joining other democrats in denying jonathan gruber ever worked for the white house. they don't know who he is! we have some, well, we call it overwhelming ed to the contrary -- evidence to the contrary. who will you believe, president obama and the democrats or your lying eyes and ears? that's it. that's next. it's monday. a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week.

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lou: coming up here in moments, opposing the common core educational standards, a big winner at the ballot box for republican governors, the american federation teachers president randy will be among other guests coming up tonight. a few comments now on what appears to be the democrat's party case of mass amnesia by jonathan gruber. by now you surely know who he is. here are a few beauties from the gruber hit parade and the administration. >> you get a law that says healthy people pay in sick people get money. it would want have passed. people (?) lack of transparency is a huge political

advantage. basically, call it the stupidity of the american voter or whatever, but basically that was really, really critical to getting this thing to pass. and americans were too stupid to understand the difference. it was a clever exploitation of the lack of economic understanding of the american voter. [inaudible] mandate -- bureaucratic outrages. [inaudible] lou: now, democrats, well, they're trying to pretend that they don't even have no idea who this guy gruber is. they never heard of him, they say. obama: i just heard about this. i get well-briefed before i come out here. the fact that some advisor who never worked

on our staff expressed an opinion that i completely disagree with, in terms of the voters is no reflection on the actual process that was one. >> i wonder if you might have some push-back or comment? >> i really don't. you can talk to dr. gruber about what he said, but i don't have a comment about his comments. >> i don't know who he is. he didn't help write our bill so let's put him aside. lou: they would like to put him aside. those democratic denials despite the fact they paid gruber $6 million over since about 2000 and unfortunately for mr. obama because of those pesky white house records that show gruber was in the white house to talk about obamacare at least 19 times and at least one of those times, he met with president obama. and how do we know? because gruber himself talked about it in this pbs front line

interview. >> he's worried about cost control. so we had a meeting in the oval office with several experts, including myself on what can we do to get credible savings on cost control that the congressional budget office would recognize? >> that's not a connection that president obama can credibly dispute that doesn't mean he won't dispute it as we've found out over the years. another irritating problem for the democrats and obama who can't remember gruber. here is professor gruber as he appeared in this obama campaign video. he's kind of obvious. >> romney developed recyclromney care develop his national version of that law. lou: some advisor as president obama tried to put it. rather implausibly don't you think? the white house and democratic party still trying to cover up

grubergate with denials. the ones who are far more stupid than any of us just plane old american citizens and delusional in the face of much video evidence of the real truth. (?) here is incontra verbal evidence that president obama did misspeak not only about obamacare, but in his denial about knowing the good professor. take it away mr. president. obama: you've already drawn from the brightest minds from academia and policy circles. many of them i've stolen ideas liberally. people ranging from robert gordon, john gruber. lou: john gruber. i'm sorry. did i hear that right. john gruber, he said. the guy he said he doesn't know, but has been stealing ideas from for at least eight

years. at least now president obama owes gruber a debt of gratitude. perhaps we all do. at long last bringing some sliver of transparency to the obama administration. now, our quotation of the evening. this one from the third president of the united states thomas jefferson who said, quote, it is error alone which needs the support of the government. truth can stand by itself. we are coming right back. >> the nation founded on individual liberty and the rule of law facing the prospect of oppression in the digital age. we take up free markets and individual freedom here next how can power consumption in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price,

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lou: we're delighted to have phil the president of american commitment the chairmen of the internet freedom coalition, it's his group that uncovered this gruber video and the the video of president obama saying he had to thank john gruber for the ideas he had stolen from him and others. phil, it's great to have you here. these videos are shaking, i would say, the administration to its core, would you not? >> yeah. it's pretty amazing. i would point out he stole those ideas

liberally. that word is important. lou: you've been working on that, haven't you. >> continually came to me. it's important to point out. lou: i do think so. it's important to point out that we at fox are reporting the net neutrality position the president is taking now included in that is the universal tax, a hidden tax if they move forward with regulating things by keeping it the same which is the obamaesque reason i love to hear them contrive. >> this is an important point for people to understand. a lot of people look at this and say, i don't care how these networks work. if i turn on the computer, i'm happy. i'm not going to get involved in this issue. every single person watching the show needs to understand that obama's plan to turn the internet into a public utility, doesn't mean regulation. it means a lot of taxes

as well. in particular the service tax that applies to your phone bill. 16.1 percent. slated to go up 19.6 percent under a new increase they will announce. if they reclassify the internet as a telecommunication service, that means the universal service fund that applies to your phone will apply to your internet. an extra 19 percent tax on top of whatever you're paying for internet. lou: the idea the president would do this. this is a president who has brought onerous taxes in his administration most of which people aren't aware of for some reason. this is a suffocating environment that's been created for businesses, consumers, point of fact, and people seem to be sort of unwittingly going along with what is increasingly an oppressive government whether it's in this digital age or not, folks need to have an

ability to preserve their constitution, constitutional rights and step away from big brother in this huge, huge central government that this president has created. >> yeahwhat's shameful you have a sector that's performing phenomenally well. no one would say the internet is performing badly. you can't sign up for internet. that it hasn't been getting better. yet we have an administration that looks at that and say, government could do better. let's take this competitive vibrant, free market, private investment driven industry. let it be driven by bureaucrats and regulators and taxes. that would be a real tragedy if it happens. lou: that sounds like a recipe for success every time. thank you for being with us. he's the president for american commitment. come back soon. up next, more than $100 million in advertising. not enough to defeat republicans trying to rid the country of

controversial common core standards. the american federation teacher's president randi weingarten on what went wrong, what's next, and how do we make it all right. it's monday. a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile.

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lou: we're going to be talking about common core and teachers unions reassessing their tactics after suffering losses during the midterms. education reformers like republican governors rick snyder. nathan deal in georgia, despite a huge, huge amount of spending against them prevailed. our next guest says the republicans successfully made a referendum on the republican. randi weingarten is the president of the 1.6 million american federation of teachers. i got to say, they didn't do nearly as good a job as the president himself. did you fall over when the president said my policies are on the ballot all across the country. >> look, i think what happened is, a, there's too much money involved. frankly -- lou: not if you win.

>> i think there's too much involved in politics if you win or lose. you talked about $100 million on the intro. the amount of money spent here was about $4 billion. so, you know, think about what you could use that $4 billion for. but having said that, this election should have been about the economy. about how we would build the middle class. and, frankly, what happened was my party -- my party didn't talk about that. and, frankly, what you see, eye wrongically, like places in wisconsin, minimum wage goes up and walker gets reelected. places like alaska -- lou: what's wrong with that? >> because the people who are trying to collectively bargain to raise all wages walker has been against. take alaska, collective bargaining has gone up -- lou: until we get this private

sector going again, free enterprise starts working, and i know that's inconvenient to a lot of the ideologues on the left. we have a repressive atmosphere in washington, dc. a suffocating atmosphere across businesses in this country. some of that produced by us multi nationals who are trying to drive their own agendas in washington, dc. it's not all the left. we're talking about common core how to make things better for our kids. >> even on our economy, think about the late 1900s, think about from roosevelt on, capitalism in the united states worked with the check and balances of a strong union movement. so that was part of the capitalist democracy where workers actually banded together to make sure they had shared prosperity. and that's what's missing now. lou: how many teachers then were organized as a labor union.

>> at that point our unions started in 1970. actually our union started in 1960. to your point -- lou: right here in this city, as you know -- >> actually they started in chicago. lou: well, the major movement started with the transit works in this city. from there, it exploded across. public employee unions creating contradictory forces. not so often and not so well at least this point. we're having a discussion about unions. when we talk about common core. i wanted to talk about common core. i want to talk about making things better for students in this country. our public schools are atrophying in front of our eyes. the school boards and the federal department of education, which, by the way, i think is just

ridiculous, just between you and me -- >> and all your viewers. [laughter] lou: really, when you're writing off millions of young people, many of them minorities in this country, we're throwing away our future. and we continue to marginalize them by our inattention to our public schools who are insistent on quality of education and insensitivity on the part of the community and parents do provide support for their children. (?) let's think about this way. in a capitalist democracy. in this capitalist democracy, the only real -- lou: a constitutional republic, if i may assert. >> exactly right. the only real service we give to kids is you should have an opportunity through public education. what we've actually asked that -- lou: did you say the only service. >> the only real service we provide is public education throughout the

state. lou: we might have a happier country. >> but it's the one that -- lou: you know what, come back and we'll have a philosophy discussion. randy, thanks for being here. i know it was a tough election for you. i think that probably from our pains we've learned how to better grasp the future. >> we need to have a fair economy for all and we need to have good public schools for all. that, we all agree on. lou: nope. i want great public schools. >> i agree with you. lou: thanks, randi. p. good to have you. the dow at 13 points. the s&p up two. still closing at a new all-time high. approximate the nasdaq up 18 points. volume on the big board a pitiful 3.1 billion shares. three times a day listen to my reports. coast to coast on the salem network. turns out making a dumb and dumber sequel wasn't so dumb. it was earning first

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lou: the president back from his trip to asia and australia talks about keystone pipeline. jonathan gruber. pulitzer prize winner michael goodwin. michael, good to see you. former advisor to george w. bush, leslie, good to have you with us. gruber, a parade of evidence here. leslie, let me turn to you, it just absolutely. overwhelmingly proves that the democrats are delusional if they think they can lie about their relationship to this man and his relationship to obamacare. >> you know, and it's true. and i think there's very few media sources that are tying that knot of gruber back to the administration. the administration is doing anything it can to deflect that relationship. to say he was not part of the white house staff. to deny or look the other way at the 400,000 plus he was receiving in

federal taxpayer dollars. the delusion to think it was not part of the development and the plan and the execution of obamacare is something that i don't think the media nor the american voters are ready to believe. lou: michael, i know you've seen this. this is randy writing in the new york times. randy saying this. if we could put it had it up here. there is no public will at work here. there is only the will to power. there is still time for him to -- the outcome of the last election or he can choose the power grab and the accompanying disgrace. i don't think it's been said better. >> that is who this president is. he always, as i wrote sunday, he always -- he never fails to disappoint. he always misses every opportunity he has like the palestinians he never fails to miss the

opportunity. lou: by the way, i have to michael goodwin -- he transitioned from palestinian to this president. >> he has had numerous opportunities. every time he's lost these midterm elections and even when he was reelected, there was a moment for him to be magnanimous. every time he chooses the partisan hard path that alienates more and more people. here we are with a fox poll or a gallup showing a 37 percent approval for obamacare. he's out there slugging it away saying what a great thing it is. and burrell, oh, it's wonderful. everybody loves physical therapy what world are they living in. lou: what world are they living in, and why are we continuing to put up with their abject, utter lying. they're not misspeaking

as the president says. these are lies they're committing and they're not being called on it by the national liberal media, only rarely. where are we headed here? >> well, you know, that probably needs to be part conversation. someone needs to -- lou: i thought this first part was pretty doggone interesting. >> we're talking about the president grab of executive authority. and grab of that. trying to have courage on things he lacked to have courage on in the past. just the h hypocrisy of that is ridiculous. the white house should get brownie points because they're good at changing the conversation, deflecting this off the key point. it comes to tethering them back to the facts. you had all these characteristic techaracters.

do the republicans have guts and the leadership to stop the obama fiat if it comes to be from being implemented. >> absolutely. and i think they need to make strong and smart moves. it's like a chess game at this point. the president is trying to push in the direction. we need to be sure that republicans don't step in this position of poor political consequences of a few thingsvernment shut don that don't help the conversation. >> lou, i would give you a definite maybe. i think his authority. the only way to test it is in the court. you can defund some of these. i'm not sure how much money will be involved that they can defund. it may be in court. lou: we're on pins and needles to coin a phrase. thanks so much. appreciate it. we wrap tonight up with the very same expectation as we began. a grand jury decision

that most say will displease activists and some considerable citizens of ferguson, missouri. among whom they believe they have the right to be violent if our legal system frustrates them in their opinion of the facts. these facts are almost exclusively now in the possession of the grand jury. and we are awaiting a president who now disavows his past statements. his readings of the law are the readings of the law he says he's read. he either denies or no longer cares about the consequences of the very action that he says he's about to take. we're testing what may be the limits of this great resilient constitution of ours. and i think it's fair to say with and necessary to say tonight, the worst of times will demand the best of us. time for a few of your comments. rico tweeted, let's not forget when president obama told russia you'd

have more flexibility after his reelection. that is it for us. we thank you for being with us. please join us here tomorrow. good night from new york. neil: tonight on cavuto, a sudden recession is a wake-up call to us. something that triggered over there is already happening over here. president obama said he hasn't decided on keystone, but we have proof he has. he's going to reject the pipeline and the thousands of jobs that will come with it. there's dumb and dumber. the white house tries to distance themself from geush, now, a current white house aide who may have just outgruberred gruber. ken said he would get the job done at gm, but now he's demanding to work overtime. how much longer does he need? wait until you hear what