draconian cigarette tax. thank you for watching tonight. go to our web page now for after-hours foxbusiness.com/the independents. be there in moments. for matt welch, and kmele foster, thank you so much for watching. i'm kennedy. good night.dobbs. lou: good evening, everybody. breaking news tonight. president obama's illegal immigration fiat ruled unconstitutional by a federal district court judge in pennsylvania. the president's unilateral action that will effectively legalize up to 5 million people who unlawfully crossed our borders was deemed in the judge's opinion to go beyond prosecutorial discretion. according to the judge, arthur saab, the fiat's rigid framework does not allow for meaningful case-by-case determination as to where prosecutorial discretion would be used and more importantly where it should not be used. the obama department of justice

predictably unhappy about the judge's ruling today, responding quote, the decision is unfounded and the court had no basis to issue such an order. the court's analysis of the legality of the executive actions is flatly wrong, end quote. in other words, the obama view is straightforwardly authoritarian, maintaining that neither congress nor our judicial branch of government can interfere with the obama imperrial presidency. it confers de facto amnesty and comes as nearly half of the states in the nation are in court challenging the white house's abuse in their judgment of executive power. oklahoma's attorney general scott prewitt among the plaintiffs and he joins us on the broadcast. also tonight, president obama angered much of america last week with his highly offensive charges of racism against

americans, our society, and our culture. >> this isn't going to be solved overnight. this is something that is deeply rooted in our society. it's deeply rooted in our history. when you're dealing with something as deeply rooted as racism or bias, in any society, you got to have vigilance, but recognize that it's going to take some time. lou: and what is deeply rooted in this white house? it appears that a once centrist president bill clinton is moving to the left in order to support his wife's presidential ambitions. president clinton not only agreeing with president obama, but then suggesting americans may not even know they are racist. we'll be taking up the presidential racist sweepstakes, talking with the "wall street journal"'s jason riley. and the sony hackers turned the hollywood studio upside down and inside out. releasing all sorts of confidential digital data and

communications and promising a christmas gift of more the same. those hackers are now threatening, however, a 9/11-style attack on theaters that screened the seth rogen and james franco comedy called "the interview," the fictional story that depicts assassination attempt on north korean leader kim jong-un. the hackers wrote, quote -- who are these hackers and can they be stopped? we'll be taking all of it up tonight. we begin with the fight against president obama's executive amnesty on a controversial appointment. the senate confirmed texas prosecutor sarah saldana to head the immigration and customs enforcement agency. saldana stated she believes mr. obama does have the

authority to defer deportation for millions of illegal immigrants. our first guest authored a bill passed in the house that challenges the administration's fiat on immigration. joining us congressman ted yoho, a member of the house foreign affairs and congressional committees. first, congratulations getting your bill passed. what is, however, necessary to stop the president's executive order that confers de facto amnesty. >> lou, i appreciate you having me on. this is something we have to get back to the rule. while the president doesn't have the authority, it will be proven that he doesn't have the authority to do this, according to article 1 section 8 of the constitution. that power solely in the branch of the house where naturalization laws are made. the president has overstepped it, in fact, if you go back to the 20 or 22 times he said he did not have the authority to do this, and he's the constitutional lawyer, and i agree 100% with him. when he signed his executive

amnesty on november 20th. he said he is changing the law. he cannot do that. and wind up losing this. lou: the court, the district court judge today, deciding that his executive fiat was unconstitutional. >> exactly. lou: on two grounds. the reality is that's got to play out in court. and it's interesting to me at least that the white house immediately dismissed the judge saying it's flatly wrong. this president is highly authoritarian. he really doesn't believe that you and the congress have, if you will, coequal status with him nor obviously, the judicial branch either? >> i agree. that was the purpose of this bill. we saw this action coming back in may and june, and we had this bill prepared to drop and introduce to the congress on november 20th. it was already vetted. we had outside attorneys like

bruce fein that was assistant attorney general under ronald reagan. along with other legal scholars, and said the president is clearly overstepping the rule of law, and that rule of law is our constitution. and if our president and our administration doesn't follow the rule of law, why should anybody else with his policies, he's amplified and created a global policy of unenforcement that's going to make the situation worse. and if you really, really want to fix immigration, wait to the new people that have been brought into the congress into the people's house and the people spoke loud and clear, they don't like the direction they're going, unilateralism and give us time to fix the immigration process. i don't know anybody in congress on either side against responsible immigration reform, and we have measures that we want to introduce at the first of the year to start with this. but to do what he's done is damaging to america and it's

damaging to our constitution, and if president obama believes in the constitution as a constitutional scholar, he'll stop this action and fix it the proper way. lou: congressman, he's made it clear what he believes in and what he doesn't. >> we're going to get you on our side where we stand. lou: it's not so clear, if i may say, congressman, because your leadership had the opportunity with four bills reported out of judiciary committee that john boehner could have easily taken the lead for the republican party with that legislation and driven immigration reform to a logical, rational conclusion and solution in the national interests. he chose not to. i've supported congressman goodelatte's bills. why in the world is your leadership not acting? >> you know you would have to ask mr. boehner on that. lou: i'd be delighted to. do you have the sense as to why he's not?

>> there's so much contention in there, so many people want to start with border security and send out the message that we have to start with border security and enforcing the laws already on the books. to put more laws that this president and this administration's not following, that goes back to the constitution, article 2, section 3 that the president shall take care to execute faithfully the laws of the land. and you know, the thing with the omnibus bill we passed, we've been fighting on short-term resolutions, the cr's. lou: i understand, and i think you all did exactly the right thing. it was absolutely irrational thing to do. what i'm asking you is what is your sense and the other members' sense what the leadership is going to do? we've heard years of a lot of talk and not much effective action by the republican majority in the house joined now by the senate. do you believe can you carry this to a reasonable, rational

conclusion? >> absolutely. this is a new congress, the american people spoke, they handed us the baton. they expect us to show leadership. that was one of the reasons why i voted on this bill because now from the first of the year when we swear in as the new congress, we can start fixing these problems that have been plaguing our country instead of doing crisis management with another cr over a short period of time. we can focus on the problems that nation has put off or congress put off. immigration has been broke for over 30 years, and for the president to run ahead and do something unconstitutionally, illegally is not going fix it, and if he cares about solving this problem, he'll wait for the new congress. lou: there you go again, all quit worrying what he's going to do and focus on what you're going to do. >> trying to be very polite about this. lou: don't waste that politeness here. what our audience wants is straight talk. you're the fellow to give it to

them. thank you very much, congressman. >> thank you for the opportunity to be on. lou: we'll be talking with the attorney general of the great state of oklahoma, scott pruitt next. jeb bush raising the prospects of another bush presidency. the former florida governor tweeted today, quote -- but a reminder, this is not the first time that the governor has stoked 2016 talking so in march. he released a new book on immigration sparking allegations, flip-flopped on immigration reform in the path to citizenship that set off controversy which caused him to withdraw a bit. led to remarks in april that illegal immigrants came to the united states out of a, quote, act of love. remember that? and a new fox poll shows that

american voters prefer mitt romney over jeb bush. romney 19% to bush's 10%. governor chris christie, mike huckabee and rand paul rounding out the top five with 8% support right now, each. we're coming right back. stay with us. lou: the putin economy is crumbling as oil prices plummet and the ruble crashes. president obama on the verge of signing more sanctions against russia. colonel ralph peters tells us whether our commander in chief has u

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. lou: the taliban storming a military run school in peshawar, pakistan. the terrorist attack left at least 141 people dead. the majority of the victims, children. this follows yesterday's deadly terrorist attack in sydney which left two people dead there. joining us to talk about all of these developments and much more, fox news strategic analyst lieutenant colonel ralph peters. good to have you. >> lou. lou: the president's policy, to what degree is it contributing or influencing this spate of terrorist attacks?

>> that's impossible to answer because our president doesn't have a foreign policy. he has an ever shifting set of prejudices and compromises that you cannot cobble together into a coherent policy. but you know, when i look at that attack in peshawar, pakistan, a place where i've been, by the way. a filthy little place for which i have a certain affection. what's happening there with those six gunmen going into the school where they knew, they knew the children, the sons of senior military leaders, government officials, and they kill 132 children in cold blood, just in hot temper and kill their teachers. and lou, the takeaway for me is those terrorists who did that are the people to whom dianne feinstein want to accord the full rights of american citizens and doesn't want to water board them. our president, our government, by and large doesn't want to

understand how serious this is. lou: this is also the same taliban that the united states military overwhelmed the military, special operations and the cia, and the clandestine forces overwhelmed in the first year of the war against afghanistan, succeeded incredibly, and then we fritted it all away over the course of the next little over a decade. it is the same taliban that this administration negotiated its withdrawal in very hushed and quiet tones and terms, but nonetheless negotiated with, and the same taliban that has, well, presides over all of those poppy fields and respective war lords who maintain them, which we never destroyed when we were in afghanistan. this is the same taliban, as you say, accorded respect and recognition by the u.s. government. this is madness! >> these are the people that hillary clinton wants to

respect. there is a split, a difference between the pakistani and afghan taliban in terms of their targets, but their techniques and goals are fundamentally the same. violence in the service of allah. these are the enemies that hillary clinton wants us to respect. lou: empathize with. >> i feel it. lou: i wonder if she's empathizing today with the taliban and massacre of children? i wonder. >> just don't deprive them sleep, and we're all okay. lou, this is such a tragic situation. the taliban can do this, and the left in the west doesn't really react to it because they don't know what to do. just to add on, this i think the taliban made a very big mistake in doing this today, because for the first time they really hit home in the families of the guys who do have power

in pakistan, the military, and i think there's going to be some dead taliban after this is all over. lou: they were trying kill them before as you know, and with some degree of success. the reality is that pakistan is absolutely split, its intelligence services in league with the taliban in large measure as the military seeks to at least did seek secular control over the government. the reality is the united states doesn't have, because we can no longer pretend that we did have a military solution to what is a pakistan problem, an afghanistan problem, and iraq and islamic state problem. >> the pakistani military, they are sewing and reaping the world wind. they can control hitler. where the pakistanis thought

they can control the taliban. they sponsored them. they didn't create them but grew them and find that cobras don't make good pets. i think the pakistanis now, the intelligence services are scared. they've got to react. lou: my thought for the little darlings in islamabad is this, start thinking about how you should have conducted yourself for the past decade and let the little darlings in the pentagon and in the white house start thinking about how, what policies can be crafted, that will ensure that more of the snakes attack one another. colonel, good to have you with us. >> thank you, lou. lou: colonel, ralph peters. time for a look at online poll results, we asked whether you think the republicans will try to stop the de facto amnesty. 54% of you said yes, a majority yet a slim one at that. vote tonight, our question is

do you believe the nation will reject a bush v. clinton matchup for the white house for 2016. cast your vote at loudobbs.com. american consumers are reaping benefits from global drop in oil prices. u.s. households this year on track to spend the least amount of money on gasoline in the past 11 years, and next year, the average household expected to pocket an extra $550 because of the continuing declines in gasoline prices. up next, president obama awarded for habit of distorting the truth for a second year in a row. a row. we will bring you his honor, dad, i know i haven't said this often enough, but thank you. thank you mom for protecting my future. a row. we will bring you his honor, thank you for being my hero and my dad. military families are uniquely thankful for many things,

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president and his lie, you remember this one, if you like your plan, you can keep it. this year, the "washington post" fact checker of their own was asked about the biggest of the biggest lies of the year, and hard pressed of what is a long list of falsehoods by politicians in both parties but settled on one. by the president, of course. >> one of the major things was barack obama saying that he's not specifically referring to isis when he was referred to a jv team. lou: glen castler referring to new yorker interview which the president said quote, i think the analogy we use around here sometimes and i think is accurate is if a jv team putting on lakers uniforms, that doesn't make them kobe bryant. i always thought that was just penetrating. the interviewer went onto say, quote, that jv team took over

fallujah, and the president responded i understand. months later after the islamic state took mosul and large swamps of northwestern iraq, the president tried to claim he didn't have egg on his face. >> i wasn't specifically referring to isil. i said that regionally there were a whole series of organizations that were focused primarily locally. weren't focused on homeland because a lot of us, when we think about terrorism, the model is osama bin laden, and 9/11. lou: see what i mean about obfuscation, and despite all of the blowback over the president's jv remark, the president couldn't bring himself to acknowledgment to actually name and call out radical islamist terrorists for what they are. today, the pakistani taliban carried out one of the worst terrorist attacks in that country's bloody history. the taliban bursting into a school and massacring 132

children, 9 staff members. the obama white house did respond, they put out a statement. an 88 word statement condemning the attack as you expect. the white house did not condemn the terrorist group that committed the massacre, not a single one of those 88 words was the word taliban. and the taliban is the group that immediately claimed responsibility for the attack. a final thought. wouldn't it be nice if our president would measure what he says about our country and our people? wouldn't it be nice if he actually cared about the sensibilities of the citizens, american citizens as he does those of our enemies. the quotation of the evening, this from the greek author and poet homer -- we're coming right back.

president obama's immigration amnesty fiat called unconstitutional by nearly half the states and a federal court judge today agreed with the attorneys general. ♪ the mercedes-benz winter event is back, with the perfect vehicle that's just right for you, no matter which list you're on. [ho, ho, ho, ho] lease the 2015 c 300 4matic for $419 a month at your local mercedes-benz dealer.

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the woods less than a mile from his home. it appears stone took a his own life. for more on the federal district court judge's ruling that declared part of president obama's executive amnesty fiat to be unconstitutional. our next guest, encouraged by the decision, he says the opinion goes to the heart of what 24 states are now arguing in a federal challenge. but the president does not have the authority to rewrite this country's immigration law. great to have you with us, mr. attorney general. >> good evening, lou. lou: your reaction, you've got to be heartened by the federal judge's decision today. >> encouraged. i mean, the judge there in pittsburgh, judge schwab, indicated separation of powers by issuing this executive action. and at the heart of our litigation, the 24 states, lou, as you've described that have joined together, we effectively

are communicating that the president has exceeded his authority. it takes two brawn. s of government -- branches of government to pass law in this country. the fact that the legislature has chosen to act or not to act doesn't give him the preference or prerogative to act in their place. and the president has said there's an answer to his executive action if people find it objectionable: pass a bill. that's not how our system works. he can't ask in their stead, lou, just because they've not acted the way he wants them to. lou: it is one of the most bald-faced, brash, arrogant rationalizations i've ever heard from any president at any time as to why he chose to act. to say that congress didn't do what he told them to do, therefore, he would act alone. i mean, it's beyond imperial, it's imperious, it's authoritarian. >> yes. and the timing, lou, is also very curious. i mean, if the president

believes that he has this authority to act through executive action and this is such a compelling issue, why did he wait until after the election and before the next congress takes place? we've documented in our research, lou, at least 22 times this president has said that he doesn't have the authority to do that which he did. so we are seeking to do something with this litigation that is very important. it's actually more important than the policy issue of immigration and naturalization. it's called rule of law. it's called checks and balances. it's called accountability between the branches. and this president doesn't get that. he doesn't get it in the health care context, in the banking context with dodd-frank, and he doesn't get it in the immigration and naturalization process either. that's the reason 24 states have joined together, to hold him accountable for his act. lou: and when does that accounting begin? when do you have, if you will, your day in court? >> it's already begun. we're seeking a preliminary injunction through our proceeding.

we'ren coarnlg -- we're encouraged that we'll get that. that may be appealed by the justice department. we are heartened, as you've indicated, with the decision there in pittsburgh. our proceeding there in texas and the 24-state coalition, and we are seeking that preliminary injunction to prevent the president from executing on his action in 24 states. lou: we appreciate you being with us here, attorney general scott pruitt. thanks so much and good luck. >> thanks, lou. lou: the obama administration is preparing for another surge in refugees, 9,000 syrians displaced from that country's civil war. the state department has announced it's now vetting the refugee applications, the first contingent of those refugees -- some 1,000 people -- will begin entering the country, we're told, this month. up next, first president obama accused americans of racism. now former president clinton looking to the left, perhaps,

echoing the shocking remarks and raising the ante. next, stay with us. ♪ ♪

lou: well, it turns out president bil clinton doesn't think much of americans either, he's the latest to weigh in on the eric

garner/michael brown grand jury decisions. the former agreeing with mr. obama, that racism is deeply rooted in americans and our country. >> we still have not solved the problems that lead us to act out of fear sometimes, preconceived notions of people of another race who also may not be of our socioeconomic group. these preconceptions are almost wired into us, and we have got to get crond them. -- beyond them. lou: joining us now, "wall street journal" editorial board member jason reilly who is the author of the important book, "please, stop helping us." great to have you here. >> nice to be here, lou. lou: your reaction to the president saying racism -- talking to jorge ramos of univision -- [laughter] saying americans are just racist, and we just can't help

ourselves. >> where's the evidence that anti-black animus, racism, played a role in east the garner -- in either the garner incident where the supervising officer on the scene was a black woman or in the situation in ferguson, missouri, with michael brown? where is the evidence that racism drove either incident? i see a lot of evidence here of black criminality, bringing the police in, introducing the police to the scene, resisting arrest, in one case in ferguson assaulting a police officer. that is the cause of what went down in both locations. this should not be a discussion about racism. this should be a discussion about behavior in these communities that bring the police to the scene in these incidents. lou: i agree with you. i also am taken by the mild reaction of our national media, of many people across this country. we never have a president and a former president accusing this country of being something

inferior to them. they, from their exalted, lofty perches, declare that we are base animals who are incapable of rising above our innate, just bestiality and racist natures. and i say, frankly, to hell with 'em both. [laughter] i don't know such people as they describe, and what i do see them doing is pandering. >> yes. lou: and i think that kind of ignorance needs to be challenged by the national media. >> it would be nice if the media did, but the media's on their side, by and large. the racial narrative is an all-purpose, racism is an all-purpose explanation for what ails black america. that's the narrative the left likes to push with the help of the media, and, yes, you're right, whether it's president obama, president clinton, eric

holder, they see this as a political opportunity to continue that narrative. if you think of all the good that a president obama or an eric holder could do if they wanted to make this an excuse the talk about black responsibility. why do so many young black men end up like eric garner, end up like michael brown? why do they turn to these lives of criminality? eric garner had a rap sheet going back 30 years. michael brown assaulted a police officer after robbing a store in his own neighborhood. why are so many young black men turning out this way? i think eric holder and barack obama are uniquely qualified to lead that conversation. they have no interest in having it. lou: no interest in having it, and i struggle to comprehend why i think so many of us in this country actually believe -- you and i have never talked about it, but i actually was one of those people who thought we had a pretty good shot at being a post-racial society with the election of this president. >> i don't think the left has any interest in being

post-racial. they believe in identity politics. they believe in divvying us up by race, gender and sexual orientation and making specific appeals based on those characteristics. that is the essence of identity politics, and that's what they believe. i don't think they have any interest in being post-racial whatsoever. lou: why do you think that there is this sort of deference to a president or a former president who says ignorant things that these two men have said? [laughter] and i realize i'm going to catch holy hell for what i'm saying. i'm defying the avatars -- >> the worst -- >> the priorities in our society. >> the worst part is bill clinton and eric holder and president obama say they're doing this in the name of helping blacks. but, lou, to the extent that what they're saying feeds this anti-cop narrative and leads to less effective policing in these neighborhoods, you're going to end up with more dead black bodies. these poor communities need police more than other

communities. they need aggressive, effective policing. they need the best cops on the force in those neighborhoods. and to extent that this anti-police narrative results in less policing of these neighborhoods, blacks and particularly poor blacks will be worse off. that's the real shame. lou: i've always believed that each of us has as citizens in this great country of ours an obligation to produce the best of ourselves and a right to expect the best of others. >> yes. lou: but the idea that we could have two presidents just generalize and smear an entire nation that produced them, for crying out loud, is, it is just stupefying to me. >> yes. lou: what in the world is going on right now that we would come to this place, to these words from the mouths of two presidents? >> well, you have a political party that has a lot to gain but playing to their base, and this

is what their base wants to hear, that white america is responsible for these bad black outcomes. so, again, they are doing it out of political expediency. i think it's shameful. they know it's wrong, and they're doing it anyways. lou: jason reilly, thanks for being here. >> thank you, lou. lou: good see you. on wall street today stocks moved lower, seems so ip significant, doesn't it? a day of volatile trading. now it seems a little more significant, the dow down 17, the nasdaq dropping 57. volume on the big board, volume picking up to 4.9 billion shares. what's going on here? volatility and higher volume, something to watch. crude oil, a four-day losing streak was broken today, settling just below $56 a barrel. construction of new homes, however, fell 1.6% last month. a reminder to listen to my financial reports each day three times a day on the salem radio network. i up next, the white house assault on law enforcement agencies and officers. now turning their focus to the

grand jury system. whether or not to deprive police officers of the same rights granted to criminal suspects. we'll see, next. here's a question for you: as nations develop over the next 25 years, the world will have almost twice as many cars. how much fuel will be needed to power them? about the same as today? 50% more? 100% more? the answer is... about the same as today. by 2040, advances in fuels and vehicles

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these are, these are giveaways. it's one of the last pieces of business of the 113th congress, and most americans probably are saying good riddance. the tax breaks continue, ones for business research, wind power, foreign profits, of course, also extended canceled mortgage department, college tuition, health insurance, the list goes on. it's crazy. speaking of crazy, sony pictures entertainment hit with a class action lawsuit on behalf of current and former employees who claim the studio failed to safeguard their private information from cyber attack. the lawsuit maintains sony knew its system was vulnerable but made a decision to, quote-unquote, accept the risk. joining us know, mercedes colwin, rebecca rose woodland. good to have you with us. very quickly, rebecca, are they right? are they going to pay for the risk they accepted? >> you know, they may. in this case these employees and former employees -- we have a

class action from many sony employees, people who worked for sony at any given time of information that had has been hd and reported out. they claim they have information from within the sony corporation that made a business risk decision. a business risk like, oh, we know that we're vulnerable, we'd rather pay less money rather than to pay the money to secure. they said we'll take the chance. lou: will this have implications should it proceed and be sustained here, would this implications for target, for each one of these major businesses, i mean, we're talking about hundreds of millions of documents that have been released. >> what's most concerning about sony, it's their social security numbers. it's their private information. that's why they brought the lawsuit. it's not just e-mail communication. that's what we've heard a lot of. these employees said my children's social security numbers, my social security numbers, my private information,

my home addresses. and this is a global issue. every business is at risk for cyber liability. lou: and businesses are basically saying, or trying to say, you basically should not assume we're going to be able to protect your private information and your data. they're trying to build that expectation. will they succeed? >> no. because what the courts are going to do is balance it. okay, could you have afforded to protect this information, and in this case, it's medical records. mercedes is right, this is really powerful and very private information of a child, one child who has special needs and how much it costs sony. i mean, these are just really unacceptable, unacceptable information to have been gotten out when sony had this full-on e-mail that discussed the amount it would cost them to protect, and sonny did not take -- sony did not take the protection and make the investment. lou: david boies, the private communications some of which are lurid, offensive and also carry

proprietary information telling the news media that, look out, this is stolen material. you use it, we're coming after you. is that a smart thing to have done? >> good luck. the supreme court has stepped in and said if the media has the information that was from ill-gotten means, the media can use it. the media has the first amendment right in terms of public interest. if an issue is a public interest -- obviously, this type of communication, and we know what this type of communication is, we know some of these e-mails were racist, some of -- in fact, we were talking about this off air about some of the e-mail exchange between two executives saying don't you think president obama would like django and 12 years a slave? is that protected? it's protected within the sony realm, but once it's out -- lou: did you mean racist? >> racist, yes. lou hugh and yet so quickly they're being repeated even though they are, quote-unquote, racist. we have one of the country's

leading, if not the leading corporate attorney, criminal attorneys in david boies. uh-huh. lou hugh trying to defend what looks to be indefensible -- lou: trying to defend what looks to be indefensible. horrible, horrible language used. no question, some of it's proprietary, but how in the world could he possibly enforce such a threat? >> i mean, it doesn't make much sense. we understand why he's doing it, he's being paid by sony. but the reality is, as mercedes said, there's a massive supreme court decision that has been upheld that if the people, wall street journal, the new york times, whoever the news outlets are, did not on tape -- lou: each of which is -- >> obtain information through illegal means, they can publish it if there's a higher public interest than detriment to the -- lou: good luck adjudicating that. >> right. >> how are they going to shut it down? come on, no judge out there is going to say the u.s. supreme court got it wrong. it's clearly on point here.

>> yeah. lou: a judge in pittsburgh ruling that the president exceeded his authority as the chief executive, unconstitutional use of prosecutorial discretion. unconstitution alfie yacht by in this increasingly authoritarian-appearing liberal president. your thoughts? >> bravo for this judge to finally step forward and say, wait, we have three branches of government. what is the executive branch doing and the legislative branch? that's why we have these checks and balances. the judge got it right. it's good that he stepped forward. lou: rebecca, to mercedes' point, the reaction from the justice department was to say the judge is wrong, flatly wrong. [laughter] how will that be received? >> i don't think very well when this case goes up, as mercedes said. yes, this is a district court case. you know there'll be an appeal, and most likely it'll go to the supreme court, and let's hear what someone has to say when the

justice department says, no, sorry, sorry, the branch of judiciary isn't important here. really? because that's what separation of powers is designed to protect. lou: that's a constitution thing. >> yeah. i think that's what you would call that. >> we just call it law. [laughter] lou: mercedes, rebecca, thank you both. >> thank you. lou: joe tweeted me to say: we're $18 trillion this debt, this country can't afford another bush or obama. how about a clinton? terry wrote on my facebook page -- that was a question, not a suggestion. lou, i just don't trust the gop establishment will do anything to stop the president's obvious lawlessness. you're not alone. and ed e-mailed me: i feel like republicans are blowing it already. i am tired of the country being bought by wall street and the chamber of commerce.

look like they're sharing an alternate universe. trying to get the media abuzz with their new books. it didn't work. those books disappointed. the candidates, excuse me the authors. stumbled badly. gaffe after gaffe as they tried to promote those books. here we go. isn't it amazing how presidential politics works in this country. out of 315 million people, we select the most compelling and wise candidates possible for the highest office in the land. who would have ever dreamed that our measure to beingrysy and sacred republic would have produced two such candidates as another

clinton and another bush. it's magic. i tell you. that's it for us tonight. stay tuned for cavuto. good night from new york. neil: hey, vladimir putin, ain't karma a bitch? your evil empire is collapsing fast. his russia ruble is toast. his country's live blood is slipping away. his billionaire buddies are losing their shirts. what is a thumb your nose despot to do? not much. not even jacking up interest rates to 70% from 10.5% has made the russian ruble any more attractive or putin's position any less precarious. the ruble is still tanking. his market is still tanking. his economy is still tanking. my buddy steve moore is right, putin himself could