>> hot mission. necessary week at nasa will send a robotic spacecraft closer to the sun than ever before. david: will get four miles, wait a minute, wait a minute, four miles from the sun's surface? i don'tdon't believe it. you couldn't get that close. the he had right now at least my reading of this strong economy. we're going to create 2.6, 2.8 million new jobs in 2018. that's a pretty good number. >> is the same economy that was doing well in the obama administration. i have and have-nots. those dependent on wages, many who stood up in 2015 and said obama can you stop talking about the great economy? i'm suffering. we are still suffering. wages remain stagnant. >> president trump goes to a rally in ohio tomorrow with the

media ratcheting up. breaking news, this just in, democrats new battle plan about the economy. it is going to win basically they go to try and win in the midterms with the new battle plan. we will show you the debate. i ran not turning to raise oil and gas prices all over the world. launching a major naval exercise. a swarm of ships and drones. this is the white house now has a middle east policy theme to work on a new mideast plan. and president trump's is democrats oppose him on everything. new data and warnings on just how bad it is though. at the board. thank you for joining us thank you for watching, money, politics, we have the debate behind tomorrow's headlines. i am elizabeth macdonald, "the evening edit" starts right now.

elizabeth: let's get your money. the doll finishing today up 136 points. ending at 25,004 62. the major averages all higher for the week. more on your money in a second. first economy. the president loud site touting he will do the same at a rally in ohio. but critics now say, where are the republicans and why aren't they being more vocal? into the midterms. now just 94 days away. and now this, breaking news. democrats new plan to try and stop republicans. let me back up. jobs hundred 57,000, with the averages 224,000. the job rate still below four percent.that is a sign of how difficult it is to find workers. now to the new democrat plan. according to a memo by the super pack party usa it will be this. blue-collar workers and independence vote for donald trump. the wage workers, the trade war will hurt wages. as well as cuts to welfare and

rising healthcare costs. will it work? look at the democratic base and flip trump voters? your take on this new democrat strategy. >> i will tell you what, liz. i don't think it's going to work because at the end of the day, people care about three things. they care about do they have a job. on every metric you can imagine, more people are satisfied in that regard than they were during the eight years and the obama administration. second of all, are they making money? we just continue to rise. everyone would like wages to rise and that's a good thing. i think better than the obama years. and number three, they're worried about the price of their house. and by all metrics there, housing prices across the

nation of come up. people used to be underwater or not. that is what people care about at the end when they go to vote in this election and in the forthcoming elections. they will say you know what? i'm better off than i was under the other guy. >> you know under the other guy, the 20 months leading up to the election, 4.3 million jobs created. yes, there have been more than 3.7 million jobs created so far. under the trump administration in the 20 months since he was elected. let me back up. michael, the it doesn't take into account the total job growth under obama was worse than clinton and reagan. your reaction? >> you know, -- elizabeth: sorry, reagan and clinton also inherited recessions. reagan had a terrible banking crisis a recession that he inherited. go ahead. >> everybody has dealt with a different hand of cards. i tend to think the economy was a little bit better than given credit for under obama.

however, the acceleration, the day that donald trump became president it is almost impossible to ignore. i would say this tactic from the democrats right now is a clever one. straight out of the playbook to attack your opponents strength and the economy is deftly his strength. the problem with attacking it is the economy is going to get better and wages are growing. and when you think about bonuses and commission, in addition to wage rates, you are up about five percent for this month's job number, it wasn't okay it was spectacular when you include the 59,000 revisions. we look at the private payrolls which include small business and startups. we actually added 389,000 jobs. the job market is heating up. and it should be terrifying to the opponents of president trump. they tend to be accelerated. so that september is going to be better than august, and going into november will see the best economic, maybe since the 90s. elizabeth: gary, the media likes to cite larry summers, an

economist. they believe slow growth was permanent. and it was the new norm. remember that? these are the sayings, big government -- they can do no wrong. they covered up the damage to -- that the government was doing. now people say the economy cannot go any faster, it could not grow any faster under obama, they're saying the acceleration and growth is just temporary. what do you say? >> i'm glad that you brought that up. my exact point i was going to make is that i think it is almost the days of three percent gdp growth are over. basically saying remind me of carter in the sweater in front of the fireplace addressing the nation. saying that the malaise is here and donald trump is proven that wrong. why? he cut taxes, and regulations. in a sense, he did the exact opposite of what was under the obama administration.

big government, government knows all. as you say, when you cut regulation you cut taxes. what you're saying is you know what? maybe you spend your money better than the government does. i think it is working. and to michael! i think we will see the economy improving even more. i would not be surprised at some point along we get a four percent gdp growth year-to-year. elizabeth: time and again you see the american people step up. and they reveal a country to themselves. the economy says it rang like a bell. the american people to gary's point, mike, saying yes, china will retaliate but it was never great to have predatory trade with china that annihilated our cities. and here is larry kudlow talking about the earlier on fox business. he fired back at china, watch. >> the chinese had better not underestimate the determination of president trump. to follow through and seek zero tariffs and nontariff barriers and subsidies and a level

playing field and major reforms in ip theft and forced transfer of technologies. elizabeth: so he has the passion and excitement and the energy, mike. will the republicans out there, are they going to take the passion to convince their base to come out and vote? republican. >> you know, this is going to be a very interesting fall. it will be -- elizabeth: that is an understatement! [laughter] >> it will be whoever gets the base out and motivates them to vote. we've seen some statewide elections that the democrats are extremely motivated. so can the republicans motivate them? you see trump still selling out rallies will that translate to the house race? i have no idea. i tend to think the republican bureau, not the entire house but it's the way the electoral map plays out. they will pick up some seats in the senate. elizabeth: let's get to the

drama. it is quite the media, corporate media soap opera. it is rare to see these things break on the open like this. we're talking cbs. his will happen. wall street analysts on the call with cbs, he seemed to be not asking any questions at all. about the allegations of sexual misconduct against the ceo, les moonves. again, yesterday no one questioned that. no one asked questions about it.cbs says due to pending litigation the call was limited to quarterly earnings.critics along again with her own charlie, he is saying that analysts were not just deferential, they were gushing with praise. so here's the thing gary, i covered corporate earnings at the wall street journal. i was uncles with companies in litigation for the asked ceos and executives, what the heck is going on? they asked point blank about the scandals.what is going on

now? >> you know, it is puzzling. i think part of that, wasn't it a precondition on the call that they were not going to discuss the allegations against les moonves? elizabeth: so i should've stayed up until we are not going to accept that. >> liz, we are in total agreement. normally i would say well, cbs as part of the mainstream media. but these are financial analysts, they should be impartial. i think part of it, quite honestly, is that cbs is a big player in new york city. elizabeth: and there is a financial racket going on. >> there are a lot of people, the cbs, a lot of the neighbors out in the hamptons and manhattan and i am not sure that you want to irritate. even though they should have, you know, the guy that lives next door to peers. elizabeth: will take financial journalists to break it open. and get into the balance sheet and staying on the story as well. you guys have been terrific

gary and michael. thank you for coming in. we really appreciate it. let's get your money. the 401(k), market closing higher to the dow up 136 points. -- on the floor of the new york stock exchange with the latest. nicole? reporter: it was a winning day on wall street. a winning week on wall street. the dolphin is higher by hundred and 36 points. it is higher for the week making it five weeks in a row for both the dow and the s&p. nasdaq finished high today also. now in the green for the weekan two weeks of losses. it wasapple that wowed wall street this week. another all-time high of february 8, 1974 they had the trillion . after the -- the other thing we were keeping an eye on, earnings. -- some big moves we did see disappointing forecast. that dropped 12 percent and the other two beat. watch monday for berkshire hathaway. that will be a big mover as

well. elizabeth: great to see you, nicole. not to this story could affect your oil and gas prices.i ran swarming the street with drones and more. trying to show they can and could choke the world oil supply. will this have any effect on the president 's tough talk with iran? and democrats all for abolishing i.c.e. the president saying we need to see what is really going on at america's borders. we are bringing in a former special assistant to the president. he will join me next to talk about it. stay there. [music playing] (vo) from the beginning, wells fargo has supported community organizations like united way, non-profits like the american red cross, and our nation's veterans. we knew helping our communities was important then. and we know it's even more important today.

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we are fighting a war on drugs. they are bringing in drugs. they are bringing in lots about people. we are either getting her close and the government. we need border security. elizabeth: that was president trump at last night's rally in pennsylvania. talking about border security. journeyman out for his reaction, a former special assistant to president trump, he is marc lotter. it was eight years ago that the u.s. border patrol agent was murdered at the border. a mexican gang member accused of murdering him. that on earth the fast and furious scandal. it shows the danger really in the present time but how dangerous it is with what's going on with the border.what is your reaction to what the president was saying last night? >> the president was laying down his line that he wants border security and immigration reform to be at the top of the table this fall. and he was informing congress that he is willing to take tough steps to do it. this the president who believes in negotiating from a position of strength. he knows congress does not want to run the risk of a government

shutdown. it falls to them to come up with a deal but the president can accept so we can keep doors open. elizabeth: we do have an estimated 463 parents departed without their children. the democrats are saying that is a real problem. the zero-tolerance policy, the president talking again about a possible government shutdown before the midterms because of the border wall. he is saying it is a security issue. how does this play out for the republicans? >> ultimately i think the republicans will need to come together and find a way to pass the appropriations bill, to keep the government open and work out a way so we can get a vote on border security. we can get a vote on the wall and toughening up immigration and closing loopholes which is what the president has been talking about for two years. it is what the american people want. and let's have that vote, i think they can find a way to do both. elizabeth: you know, we have not as strong immigration system is canada, australia,

they have merit systems.for immigration per that is what the president is talking about. that is the issue. a lot of people are claiming they are refugees when they are economic migrants looking for a better job. yes, there is danger itself at the border but it is really about what truly is happening there in terms of who is coming in as an immigrant, right? >> absolutely. the president has said on many occasions we need immigrants. as you know, we more available jobs right now for the first time in history then we do unemployed people. we need to bring people into this country who cannot contribute to the society and fulfill many of the open positions. within each-- but they need the skills to succeed. that's why the president wants to go to a merit based system much like others to do the same thing making sure we bringing the best and the brightest to the united states to add to the fabric of our country. and not just drug dealers, gang members and people who want to cause harm. elizabeth: we have new warnings

and data on how dangerous it is for our guys and women at the border. who are working for the border patrol and for i.c.e. we know democrats have been saying abolish i.c.e. let's talk about this and how dangerous it is and what's going on in mexico. it is in his 12th year in the war on drugs. one study suggests the homicide rate makes it more violent then war zones such as afghanistan or yemen. vesicles homicides are up 15 percent this year. mexico broke its own record for violence. nearly 16,000 killing for the first half. that is the highest since it began in 1997. >> and that is exactly the reason why the president wants to get tough with border security. not just beef up the i.c.e. agents so we have the manpower and equipment to combat this kind of violence. but we also need to build a wall to keep them out of our country.think about in your own neighborhood. if the neighbor down the street started getting turned over to crime, you will probably build

a fence to protect her children, a b install a security system. these are the same things we need to look at when you have that kind of violence going just over the border. we need to do things to secure our neighborhood and our families. that is what the president is focused on. elizabeth: we do have the president's approval rating according to rasmussen. higher than obama at the same point in his presidency. real clear politics has it at about 43 percent. now we have this story for you. breaking news, the border patrol seized the largest ever stash of fentanyl pills at a us-mexico support. a 19-year-old u.s. citizen living in tijuana attempted to drive across the border with the drug stash. also had dozens of pounds of heroin and crystal methamphetamine. your reaction to this. >> this is the exact reason why the democrats message is failing and the president's approval ratings are climbing. in addition to the economy.

the men and women of i.c.e. are putting their lives on the line to stop people like that. from poisoning our children, our neighborhoods with drugs. that is why we need to beef that up. the longer they fall victim to their own radical left-wing and abolishing i.c.e., the more you'll see the president's approval ratings go up. the more he will identify even more with a larger swath of the american people. elizabeth: hundred and 27,000 criminal illegal immigrants were arrested last year in the entry. >> it's a problem been years, decades in the making. presence of both parties have talked about it. congress has not done the job. this is a president that will hold them accountable and enforce the issue. elizabeth: marc lotter, good to see you come back soon.last night the president once again railed on fake news to crowds at a rally in pennsylvania. he is expected to do it again in ohio tomorrow. we have the debate coming up. but first, large-scale naval exercise peered how they can --

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breaking out of iran. it is not threating to raise oil and gas prices. it is now launched a major naval exercise to showcase how it can block the straight, this is called the swarm. it involves her hundred boats, ships and drones. this after the president said to they would ratchet up pressure. u.s. officials also are reportedly staffing up and a policy team at the white house to work on an israeli-palestinian peace plan. to break it all down the crew is here for the first time! we welcome wall street journal editorial board member, fox news contributor, mary. good to see you. >> great to be on the show. elizabeth: what is going on with the naval exercise, first? >> i think they're trying to

establish leverage over the united states before the next round of sanctions kicks in. remember, when the president exited the iran nuclear deal, we would have sanctions on the books. that have to be reimposed to give companies 90 days. get out of iran so this starts to roll back in starting monday and then another in november. so i think what you're seeing is iran trying to exert pressure, not in the unisys but just even the european allies pretty wants him to go to say maybe this section is a good idea can you go slowly? we would not want that. elizabeth: we do have pipelines in saudi arabia and other areas. maybe 1/4 to half of the oil supply that could be cut off by the strait of strait of hormuz. >> and of course we have vast supplies now in the united states thanks to tracking and

administration efforts. so the president say that that he wanted to frack and send moreover to europe.so there other markets to hear they could take it.but i do not think that the united states or our allies would allow iran to take that kind of measured. elizabeth: interesting. talk to us about what's going inside of iran. >> iran has been going through nationwide protests. since the end of december, liz. you can call it a rolling protest. different parts of society getting out onto the street. truckers, agricultural workers, women taking off their hijabs. we sought more rounds a couple of days ago. they reached tehran. elizabeth: why are they protesting? >> because the remaining regime is corrupt and the economy stinks. the local currency has fallen off a cliff. you have a water supply getting cut off. dirty water people can't drink. elizabeth: to see them be more vocal in their opposition and what they are saying on the streets of iran?

>> great question, absolutely, yes. elizabeth: because they could be executed. >> they could. and the regime is not cracking down to the same degree they did in the obama era. which says to me the protests are far more threatening to the regime. and they want to placate people. but i think it is more serious than the u.s. media is given credit for. i think we need to devote much more attention to this. because the protesters are not blaming the united states. they are blaming their own regime. elizabeth: that is important. let's see this, is iran on the brink of collapse? >> i think it could be. elizabeth: when? >> we don't know but i think we should be doing everything possible to support the protesters. including keeping their internet open. including statements of support from the united states, the trump administration has been great. elizabeth: is that a change from the obama administration? >> 180 degree turn.absolutely terrific. elizabeth: article and for strikes in iran? different sectors of the economy? >> yes the truckers are on

strike, merchants, the business center. core supporters of the regime now turning against the government. and the government has tried tactics. they said it is the united states fault, sanctions. but they know they are not buying that. they know the money went to places like syria. there are blaming the ruler. elizabeth: interesting. we love to have you back on that. next, a new poll in canada shows agrowing majority of canadians reject the refugee policy.justin trudeau said they would embrace people fleeing danger zones. after donald trumps travel ban . this debate, in canada they are talking about this. they're saying it is not really about refugees fleeing war zones. it is about people seeking a better job, economic migrants. that is what canadians are saying. >> i think you're seeing justin trudeau making the same mistake that angela merkel in germany made several years ago. remember she opened the door to the syrian refugees. and other refugees.it was

great and it was a great gesture but you also have a lot of bad actors coming into germany. and you had trouble integrating those people into the economy. same thing in canada. i think people are getting tired of the bleeding heart, justin trudeau and i think there is pushback there. >> and aliens are saying that because it is happening in montrcal. they cannot handle the influx. >> because tens of thousands of people come up through the united states. they are afraid they will get taken in by i.c.e. here so they can walk across the border into canada. canadians are very generous people, americans are very generous people. but they want people to come in the right way. elizabeth: and then they have a merit-based system.but the talk is astonishing because people up there are saying, people just come here to live off of government benefits. that is what canadians are saying. >> and they get a lot of benefits in canada, as you know. elizabeth: you cannot call that because you're called a rapist, right? or bigoted.>> you know you use that language --

i think it's interesting that this same debate we saw play out in germany play out in the united states is now moving north. elizabeth: the big story. mary kissel on two big story tonight come back soon. >> thank you. elizabeth: less that the president joked about finally figuring out how to get support from the democrats for the border wall. we'll show you what he said. and the president ratcheting up his fight with the media. saying fake news is ignoring his successes. we will show you what else he is saying. that's next. i've always been about what's next.

i'm still giving it my best even though i live with a higher risk of stroke due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin, i'm up for that. eliquis. eliquis is proven to reduce stroke risk better than warfarin. plus has significantly less major bleeding than warfarin. eliquis is fda-approved and has both. so what's next? seeing these guys. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking eliquis, you may bruise more easily and it may take longer than usual for any bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. eliquis, the number one cardiologist-prescribed blood thinner. ask your doctor if eliquis is what's next for you. >> whatever happened to fair

press? whatever happened to honest reporting? they can make anything bad. because they are the fake, fake, disgusting news. elizabeth: president trump really ramping up attacks on the media last night. while speaking at a make america great again rally in pennsylvania. he said the press is ignoring his successes with russian president vladimir putin, the north korean leader and much more. let's take it up without political panel, fox news contributors. looks like they are driving the discourse. donald trump says the media lies, cnn and other media allies say that donald trump lies. what do you think on this? >> i think, liz, you have many journalists in the media who would like to see donald trump

's head on a stick. look, i have friends that are journalists. they tell me what they hear within the confines and you're talking about major mainstream media outlets and the other thing, they are concerned about their paycheck. so if they are not tough on donald trump and they do not go in and address the really difficult, hard-nosed angles, that many will say is unfair, i certainly think is unfair. they could lose their job because it goes against the base of who is writing the checks for either online subscriptions or newspapers. it is an issue it is inherent. elizabeth: to eric's point, attacks on the media, according to people in the media, they say it is dangerous, for president. we hear that, it is understood. to eric's point, what he is saying is, certain media

outlets stand in the same corner, they know how to keep and get ratings. they say the same thing over and over and over again every night. they don't report on policies. they don't go right on the mill which is what we try to do here. we have called out president trump on this show. we also report on what the policy successes are. go ahead. >> well, to eric's point, it is one big club, liz. we are surrounded by an agenda driven media because their only goal really is to make the president and his administration look bad in any way, shape or form that they can. they also said that the president, would not win the election. don't forget that as well. according to media as a research center, 90 percent of the news coverage from january to april of this year was negative against the president and his administration. journalists are supposed to report the truth but unfortunately, it is not what they are doing. elizabeth: i hear what you're

saying.eric, let me back up. the president has oversold things. he has misstated things. for example he said the republican tax cuts are the biggest in history.they are not. their ranks behind the one done by ronald reagan, for example. we see him do it time and time again. we understand and report on it. but to her point, what she is saying the president has had policy victories. go ahead, eric. >> absolutely. and she is right and that point. what is most i think conserving and should be concerning to people, is that there is such an ax to grind. there is such a desire to seek total destruction of this president. irrespective of any good he is doing. irrespective of any policy success, irrespective of anything happening from a foreign-policy standpoint. and that to me is, fits into what donald trump and what the president is saying.

which is, it is unfair. it is not real news. frankly, real news should be objective. elizabeth: deneen, i have said it. when the president personally attacks somebody, that is the power of his office, by the way.when he personally attacks, he demeans himself. and he has been accused of demeaning the office. understood that is reported. but watch this, deneen. there was a lack of media coverage from the left on the return of what two believed to be the remains of american servicemembers who died in the korean war. look at this.cnn reportedly showed only 58 seconds of live coverage of that. msnbc did not cover it at all. for evening news, the caskets arrival from north korea, abc, 24 seconds of coverage. cbs and nbc none. here is howard kurtz on that story. >> understand the temptation to cover other more controversial trump news. but that was the wrong call and here is why. you cannot overstate the

emotional significance of these presumed remains of american fighting soldiers coming home 65 years after the korean war ended. and number two, all of this is intricately tied to the nuclear negotiations. it is a chess move in a much more complex competition. both of those reasons i think it was a mistake to just dip into it and completely blow it off. elizabeth: deneen, this is a bipartisan event for the whole country. how can they not cover it? >> this is a new low as far as i'm concerned, liz. you think the media would cover this news. families and friends and loved ones are getting the remains of their dear family member who fought to keep people free. especially here in our country. they are coming back home. we do not know how many more will come back. but this is something that should be talked about on a regular basis and unfortunately the media is not doing it.

elizabeth: what is more important than one of our guys or one of our women dying overseas and nobody covers it, deneen win i don't get it. there such a lack of coverage, such disrespect our service members. final point, deneen. >> i absolutely agree. so the american american citizens. bringing the remains of loved ones who fought for our country, and died for our country should be headline news throughout the country. unfortunately, the media, because it is under the trump administration is not doing so. elizabeth: forgive me for getting a little passionate there. we will come back a little later in the shop you look at this. an illegal immigrant charged for shooting a gun in the air. he is now saying i have a right to bear arms even though i am in a illegal immigrant. and they say the democrats agenda is to block the present on everything. but now he says he knows how to

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want, it's not even the republicans. i don't know if they care about me.they are very concerned. anything i want, they want to oppose. i just figured how to do the wall. i will say i don't want to build a wall and they will insist on building it. [cheering] elizabeth: that was the president joking last night about how he can get the democrats to build the wall. he is also saying the democrats are blocking anything i want. a wall street journal article shows on average it takes the senate three months to confirm mr. trump executive branch nominees. that was an opinion piece. in some instances, this insured obama administration holdovers to stay in key executive branch positions up to 20 months after the president won the election. let's bring back the panel, deneen borelli and eric schiffer.

eric, what kind of obstruction to see from the left? what is it having on our country? >> it allows us to not function to our fullest extent. it certainly slows down the america first agenda. it stops us from being able to achieve for the average worker, to give a better quality of life to people. to have businesses be more successful. it is total hypocrisy. because there are all of these you know, things from the left against republicans during obama. in which they said there were things that were slowing things down. the republicans are slowing things down and in fact, they are doing it even worse. and they are doing it to hurt their own people. to her the average worker.and the reason being is real clear, they want to try to in their mind, run out the clock. use what they think is you know, they're going to benefit from the fact that there is this perception that they will do well in november.

we are going to see what really is going to happen. in november, who knows! i would imagine it will be a lot closer on the house side than many people report. elizabeth: and deneen, the democrats had their way for years. we had growth usually after the recession growth does pop three or four percent. it did not do that. on average a stated 1.8 percent average economic growth under the obama years. radio host mark levin talked about those who refused to recognize the presence achievements. >> estate estate progressives upset.they did not control the next election they thought they would get four more years of obama through hillary and they thought they would control the executive branch for the next 30 or 40 years. and run the tables with their agenda. and they failed and they have been resistant ever since. elizabeth: they lost

dramatically at the federal, state and local level. and they're trying to do it again not signing up for policies they agree to in the 80s and 90s, deneen. >> yet, the president has truly called out the democrats with their resist trump mode, their impeach trump mode and to push back anything he is trying to put forward for americans and his america first agenda. do not forget this as well, liz and derek. the dnc refused to play with the rnc, the annual softball game, an all-time event. this shows you how deep the disdain is for this president and his administration. it is a softball game! elizabeth: eric, the wall street journal also said recently that quote - for eight years, barack obama told americans that inequality was a bigger problem then slow economic growth. stagnant wages were the fault of the rich. your take on that? >> it is the most craziest statement that has been said perhaps in the last century by any politician.

because it is the successful people in this country who own businesses, who employ people, who pay a lot of tax. certainly, benefit this country in a significant way. and by fact, people of this country, i've never bought into that argument. i think it is a terribly unfair argument. it is when the socialist agenda, the book more popular than ever want to push. it is a big lie in my opinion. elizabeth: yes, deneen borelli and eric schiffer, thank you very much. i appreciate it. >> thank you. elizabeth: an illegal immigrant accused of being a gang member is arguing he has second amendment rights after he fired off a gun even though he is not a u.s. citizen.an attorney joins us next, you're fired up about that one. stay there. ♪

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an illegal immigrant accused of being a gang member. he faces up to 10 years in prison and deportation. he is charged with firing a gun in a century city of new york city. he is 28-year-old mexican national, javier perez. he says he's a second amendment right to fire that gun even though he is not a u.s. citizen. here is the logic from his lawyer " the framers of the constitution was clear. if they met the citizens they would have said citizens but they did not. there was no suggestion that there was a concept of illegal alien and no suggestion that if you were from a foreign country, you could not bear arms. and quote - here to take this one on, we have reaction. >> this is the very definition of -- i would have to say that

the creative argument by the lawyer and frankly it is not a ridiculous argument. i the courts of appeals, three of them have held that the second amendment can be extended to noncitizens. although they have not necessarily looked at the illegal alien issue. and only one has said that the second amendment clearly does apply. it is through that don't and one that does. what is interesting here is that if the government winds the argument it is the only way to get a sanctuary city that won't prosecute him for disturbing the peace the government will have to feed and clothe him for 10 years and deport him where as if they do not win, i.c.e. will deport him right away. elizabeth: it is just wrong. doesn't it feel wrong? it just feels wrong. >> well, of course!the framers of the constitution did not think about large populations of ms-13 gang members wielding guns in our cities. and that being a right.

i'm sure if they thought of it would have been covered. the second amendment was not passed for that reason. but the seventh circuit which has will that can be applied to people like this, has said that the second amendment is not affecting class right it is a first-class right. elizabeth: don't you have to be a taxpaying citizen to enjoy the rights? >> you actually, surprisingly, many of the viewers will be surprised to know that many of the rights of the constitution have been extended to illegal aliens. unfortunately was something that will be need to addressed by the court. elizabeth: what is your take on how this will all play out? how do you think -- how do you think it will conclude? >> well, this particular case i think he may be successful in the constitution. it is a constitutional challenge to the federal statute. eventually they shall have to go to the united states supreme court because there is a split of authority in the court of appeals. elizabeth: what would the precedent be? >> if the second amendment

right should be extended to people here illegally. i do think it is controversial at this time that is already extended to people who are not citizens or here legally. but the distinction of legal and illegal which the left does not want us to make is important here. elizabeth: illegal immigrants have the right to carry guns. is that where we are headed? >> that is the argument they are making. i do not think it is the right outcome. but like i said, one court has agreed with them on that. it is troubling in and of itself. there are a lot of issues here that the courts may want to re-examine because the same reasoning that would allow the extension of thisright , has been used to extend the fifth amendment right, sixth amendment right to counsel, illegal aliens have the rights to schooling under supreme court precedent. even though states have had laws against that. there is an extension of the rights unfortunately. elizabeth: harmeet dhillon, we loved having you on thank you for breaking it down for us. we will be right back after the break. stay right there.

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liz: be sure to tune in to maria bartiromo, wall street at 8:00 p.m. on the fox business network. charles payne is here next with "making money." charles: a major stock market averages higher including the s & p 500 with five consecutive weeks much gain. today's action up by the jobs report which proves the same economic ties lifts all ships. that includes 37,000 manufacturing jobs and dirty fingernail jobs. that revival continues to confound the experts. the real unemployment rate continues to pum