show. but for tonight that's it. this is mike huckabee from new york, good night and god bless. stay tuned for justice with judge jeanine. >> good evening and welcome to a kelly file's special hour a new crisis in governmeour governmen. we have watched the growing divide between the american people elected officials and an administration that increasingly acts as though all that matters is its own desires. one story deals with immigration and executive action the president for years said he did not have the authority to take. the other deals with obamacare forced on the american people by extremely controversial rule change in the u.s. senate and which now we know was sold with

a lie. let's start with jonathan gruber an mit economist that shaped obamacare resolution and known for confirming the worst fears. here's how top democrats describe jonathan gruber back in the day. >> they were the first to recognize these benefits. >> jonathan gruber is one of the most respected economists in the world. >> i don't know if you have seen mit's analysis but it is significa significant to the stat cuss quo. >> professor gruber are both credible and viable sources not bought and sold by the community and the brightest minds from academia and policy circles.

people ranging from robert gordon to austin grade schools bee and jonathan gruber. >> an average joe with no political agenda turned up video of the much lauded mr. gruber talking to peers in 2012 and 2013 and probably beyond bragging that the healthcare overhaul was written in the past by deceit and counting on, and we quote, stupid persamerican voters. >> basically that was really, really critical to get it passed. >> america is stupid to understand. >> clever exploitation of the lack of economic understanding of the american voter. >> i don't think it's that the voters in florida don't care i think they are misinformed. >> i think the poor attention span works to their advantage.

a year from now it will be long forgotten. >> the same democrats who attended meetings for this guy and publically praised him admitting they stole ideas from him developed a dramatic case of amnesia. >> i don't know who he is but he didn't help write our bill. with all due respect we have questions of those who can't write the bill commented on who we were writing the bill. >> it wasn't their responsibility we have people who are responsible for making those decisions at the white house. >> i heard about this. the fact that some advisor who never worked on our staff e-pressed an opinion that i completely disagree with in terms of the voters is no reflection on the process that was run. >> is washington aware that we

have video? do they watch television? we have a more dramatic writing in history this time on immigration this happened this week. here is just a sam pem of the mo -- sample of the 2 dozen times mr. obama claimed he did not have the power to ignore our immigration laws. >> we have deportations through executive order that was not the case. there are laws on the books that congress has passed we are also a nation of laughs that is part of our tradition. the easy way out is to try and yell and pretend i did something violating our laws. >> i know some wish i could bypass congress, change the law myself. (applause) >> that's not how democracy

works. sometimes i talk to immigration advocates they just wish i could bypass congress and change the law myself. but that's not how democracy works. >> the problem is that i am the president of the united states. i am not the emperor of the united states my job is to execute laws that are passed. >> it was as if none of that ever happened this week after the mid terms when the president decided they would do things alone despite polls that majority of americans would not want him to take that approach. now he signed the most sweeping executive action in american history without so much as a reference to all of the times he said on camera to you, he said it directly to the american people that he didn't have the authority. and the man who often remind us of how he was professor of constitutional law offered this in you want to call it an

explanation. >> i can believe the best way to solve this problem was by working to pass this common sense law. i have the legal authority to take as president. the same kind of actions taken by democratic republican presidents before me that will help make the immigration system more fair and more just. >> that was all we got. >> in a moment we will be joined by one of the most powerful republicans in the senate by sessions here he has a historic duty to stop the president from exceeding this authority. we begin with the fox news contributor. we discussed what happened that time and this with obamacare and now is executive who misled our at a minimum grossly misstated things. refuses to be held to account if you like your plan you can keep

your plan. if you like your doctor you can keep your doctor. the only reason he came out and had to acknowledge that he misled on that dead to write. he blew it off and it finally got to the woint he came out and said you could keep your plan if you met minimum standards. people were ready to get away with that. not us we kept pressing that's not at all what he said. to admit the truth that he had said it is charitable. same thing happened now 25 times saying i don't have the legal authority. i have the legal authority. no explanation and paper statement from some liberal law professors and we are supposed to say okay. >> the question is does he even

care what we or anybody else says about that. i love the contrast you have there because what you have in the 2012 electioning is taking up by false pretenses. the president on his central issue misled and continued to knowingly mislead through out the election and said psych, sorry and wasn't really that way you got me. then he says i cannot do what you want me to do. i cannot do what my supporters thought i could do which is circumvent congress and layout the constitutional role for the chief executive and describe to him fairly in another election he does exactly the thing he said he wouldn't do. that's two elections in a row before the election we say one thing. the thing i said before not

true, not germane any other because i am tired of waiting. >> how is anybody supposed to believe him? how is he supposed to believe anything he tells us from this point forward. >> i am not sure. i listened to what he said last night. i have been through i read the legal brief from the department of justice. there is no rational beyond this if the congress doesn't act in the time frame the chief executive thinks is appropriate and he gets impatient he is allowed to legislate for them. that's new. and what i can gather out of all of this is the president had decided for the last few years of the term will be a disaster a hot mess of eight years in office. >> doesn't character matter? is doesn't integrity matter, honesty? i realize politicians he can't become president he's going ton a spinner. this is a matter of integrity.

27 times on camera the president was knowingly misstating things for political reasons. he knew he could do it but he wanted to stave off things because he said he couldn't or he has done a complete 180 on his actual beliefs and refuses to acknowledge that to the american people. doesn't that matter? >> we have a lot of people talking about the president and the king the president thinks he is a monarch and if we look at the founders embedded the presidency into our civic culture the president in many ways as one power in the monarch he has enormous authority the power to destroy the world. that is how much power our system puts in the president. the check on the president is twofold. what is his integrity and how is he bound to tradition and to everything else if he doesn't

care about that second part there is very little to con train the man. your word had a to be worth something. when you go back on it you have to offer explanation and the american people would listen. nothing is being said and a paper statement from the doj and some left wing law professors isn't going to get it back. >> as we mention the department of justice is helping the president we fend the order by giving support to what it calls the top ten legal scholars across the country. just ahead see what we found when we did some digging on these doscholars. plus one of the most powerful republicans in the senate since congress had a historic duty to stop the president from exceeding his authority senator jeff sessions is here live to tell us how he plans to do that right after this break. >> when em ins of congress question my authority to make our immigration system more better i have a simple answer.

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[coughing] dave, i'm sorry to interrupt... i gotta take a sick day tomorrow. dads don't take sick days, dads take nyquil. the nighttime, sniffling, sneezing, coughing, aching, fever, best sleep with a cold, medicine. [coughing] hey amanda, sorry to bother you, but i gotta take a sick day. moms don't take sick days, moms take dayquil. the non drowsy, coughing, aching, fever, sore throat, stuffy head, power through your day medicine. >> we are not giving up. we are going to keep on working with members of congress to make permanent reform a reality. but until that day comes there are actions that i have the legal authority to take that will help make our immigration

system more fair. >> he didn't go on to explain why he thinks it is legal. in any event that was president obama justifying the orders that unilaterally change immigration law. the president is exceeding his authority and congress has institutional and historic duty to fight back. jeff sessions is the ranking member of the senate budget committee. what do you mean by that? oo congress makes laws at the president himself said. he executes laws that's what the constitution all said about it. >> congress passed law president asked congress to change the laws. he just ignores those laws creates a system megan giving 5 million people unlawfully in america the right to stay here the right to take any job a photo id, a social security number, he will pull down wages of americans to produce the

opportunity for work and experts tell us it will create a tidal wave in the future. >> i know that you want stopgap short funding measures to get the funding through when you take over the senate in january. what kind of response are you seeing. >> i think the congress wants to be careful they want to handle the challenge for constitutional order in a responsible way. nobody wants to shut down certainly not i. congress can fund the government of the states but we have the duty not to fund programs bad or unlawful. i think they will fund the government i think we fund the proposal the president can't carry out. >> are they on board with you? >> a lot of people support that.

a lot of people are seeing it through a lot of people have different authority. republicans should be able to unite five democratic senators before the elections voted for an amendment that i offered that would have blocked this matter. it is not a partisan issue. >> they are extending this for political operatives. how so? >> i think the whole scheme, it provide benefits to increase immigration for businesses and it gives everyone here that he would approve the right to take jobs through out the economy whether it's the power company, drunk driverings, county commission or city hall. it is a massive move to provide more job speakers when we don't have enough jobs in the country.

>> the wall street journal says the changes fall well short of the legislative changes businesses wanted which is more legal visas for high scaled and low skilled workers. he is saying he did not go as far as the companies wanted. >> companies don't get to set the immigration policy in america. they need to understand that. we have a shortage of jobs in america. wages are falling. they have been down 2,000, 300 jobs 3,000 dollars since 2007. wages are down. you don't have declining wages if you have a shortage of workers. i don't think we have a shortage of labor in america. we need to get our people working megan. we have people on welfare and people unemployed, people whose wages are down people working part-time we want to wait for

full-time. many times business groups were in the white house negotiating this kind of a deal. i think it is really awful. somebody needs to stand up for the american worker, the integrity of our legal system the constitutional order. >> senator jeff sessions good to see you, sir. >> thank you. >> the immigration order is legal and the doj got nearly a dozen law professors to agree. up next we will tell you who the experts are. >> what the president is suggesting is tearing at the fabric of the constitution. ♪soft holiday music ]♪

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released a letter from what it calls 10 of the top legal scholars across the country. when we dug deeper we saw one big issue with the administration panel of experts. trace gallagher has more. >> one and a half page letter the first thing they wanted to make crystal clear is they don't always see high to eye writing quoting while we differ among ourselves related to the presidential power and immigration policy we are all of the view that these actions are lawful. while the prefers emphasize their differences we think it is important to know what they have in common. of the ten law professors who wrote the letters seven of them are registered democrats two others don't release party affiliations but both professors donate money exclusively to the democratic candidate and loan republican on the list professor eric pals ner has repeatedly written when it comes to

executive authority that he could do whatever he wants. sheila professors worked at the university of chicago that's where president obama taught constitutional law for 12 years. he taught lee bollinger where obama did his undergraduate work. the effort to make columbia the sight to the obama presidential library. then there's duke university professor walter dal linger the third he's third in the clinton administration and close friends with supreme court justice kagan nominated president obama. finally harvard law professor lawrence tribe who not only served as a mentor but also called him quote the best student i ever had and the most exciting research assistant. tribe isn't just a teacher mentor and friend, he also campaigned for president obama. so while the white house touts

the legal scholar's president it is the neutrality can question. >> you think? >> that is genuinely amusing. trace good to see you. the there you have it. >> just days ago while on the kelly file i sat down with yet another respected liberal legal scholar. jonathan turely is nationally recognized expert in constitutional law testifying in front of congress on several occasions with cornell, duke, harvard and university of chicago among others. shockingly they did not call him because he has a very different opinion on executive power and has been warning that america is reaching a tipping point. good to see you again professor. you have spoken out about this through president bush's years and now through president obama's years and talked about the rise of an uber presidency.

is the president about to violate the separation of powers if he goes ahead and does this. >> we are waiting for the details but what i am hearing certainly causes great concern that he will again violate separation of powers. supreme court already ruled the president will violate separation of powers. it took another case a week ago in the ata obamacare area about whether he had another violation in that area. this certainly raises the same profile the president expressing frustration congress is not doing what he thinks congress has to do. of course he is a different branch we have three branchs in the system. no president can take on the powers of all three branchs and that's what he seems to be doing. he is taking on legislative authority. he isn't being could i about this this is what i wanted to get out of legislation and i

want to do it on my own that is to become a government of one. >> right. he had control. democrats did at the house and the senate. he didn't push for it. when the democrats lost the house, years after he decided to push for it and he couldn't get it through. it is not like he never believed this is within congress' authority. congress said no. who are these congressmen? they are the people's representative. they get a vote. it was no. >> how can that be? >> how can that be allowed? >> it is a sad moment. it is becoming a particularly dangerous moment. they can foe gore ward particularly after this election th to defy the will of congress yet again. i can understand the frustration. these are the two parties not getting along.

as you said we have a democratic process a congress coming in with the full voice of the american people behind them. that is what an election is. you may disagree with the outcome but you have to respect the outcome. what the president is suggesting is tearing at the fabric of the constitution. we have a separation of powers that gives us balance. it doesn't protect the branchs. it is not there to protect the executive branch. it keeps them from assuming so much control they become a threat to liberty. i tell many of the friends on the democratic side we will rule the day, you help create this uber presidency. it has been developing a long time. but it is reaching a very dangerous point. this will not be our last president. you may not agree with the next one. what the democrats are creating is something very, very dangerous. they are creating a president who can go it alone.

to go it alone is something that is a very danger the frarms sought to avoid in our constitution. >> to those who say many presidential ishg us executive order none near this sweeping what say you? >> this would be unprecedented i think it would be an unprecedented threat within the balance of powers within our system. >> the latest polls show majority of americans did not want to act on immigration of congress. this isn't the first time they have ignored the majority. a new look at the healthcare law strong arming that occurred to get it passed and how all of this is impacting the crisis of confidence in washington. (vo) nourished. rescued. protected. given new hope.

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>> live from america's headquarters i am kelly wright. good evening. space cap actual expected to talk with international space station within the next hour. it lifted off from russia's space facility. three crew members are on board and will join three others already on the space station. the arriving crew members include one american. what tensions continue to run high in ferguson, missouri barricades have been erected around the building for a grand jury is deciding whether to indict the police officer who shot and killed an unarmed black teen in august. shopping center parking lot they set up a makeshift command post immediately after the shooting of michael brown. it is likely the grand jury will convene monday. i am kelly wright. for all of your headlines log on to foxnews.com. >> from the world headquarters

from fox news it is "the kelly files" with megyn kelly. >> executive immigration is not the first time the commander-in-chief looked for a way around the people's representative. just as he ignored congress and according to him the law to unilaterally legalize 5 million immigrants. he also ignored the rules and the will of the people when the democrats ran through obamacare. remember this? >> in 2009 the democratically house and senate pushed through the idea of healthcare reform. >> the american people rose up. >> wait a minute. you want to leave? >> i have got news for you. thank you and your cronies in the government do all of this stuff all of the time. >> he is going to judge you. >> lawmakers return home at

fiery town hall meetings. >> you have awakened a sleeping giant. we are tired of this. this is why everybody in this room is so ticked off. >> i charge you with usurping authority with no authority. >> we cannot afford this. period. keep the government out of it. we are doing just fine. >> the tea party founded on principles of limited government was gaining theme united in opposition to obamacare. still that december the senate voted to end debate on the bill. all democrats voted in favor all republicans voted no he. but the deal cause not done. the senate still needed to vote on the bill itself. and then ted kennedy died and scott brown a republican ran to hill fizz feet. his biggest campaign promise he would stop oep obamacare from becoming law.

>> for the first time since 1972 massachusetts voters elected a republican to the u.s. senate. democrats were undeferred. senate majority leader used an arcane budgetary rule to deem it passed with a 51 percent majority. >> the house passed the senate bill and the president signed it into law. >> wz we have all said great pride and great humility that we under took this great act of patriotism that occurred on the house floor tonight. >> with transparency without back room deals struck behind closed doors hell no you can't.

they would pay a heavy price with others had zero bipartisan support and has never been favored by a majority of americans. >> including to this day. joining me to react is editor in chief and contributor to fox and friends. they passed a bill with great humility when in fact nothing could be further from the truth. >> they passed with great intensity and tenacity. the lesson here is that democrat found power the way most republicans don't. you and the stoerns in the room thought it was significant. >> it was supposed to go back to the 60 votes and they changed the rules in a way they said they never would. i am watching something i was there. i didn't remember that. >> that's what left people with the best taste in their mouth about the laws.

>> they are taking about this week next month and next election cycle they are speaking generational. they take money resources from republican voters and move into their voters that's what obamacare does and immigration system does and over the long hall when you take one from one group and get to another the former group gets larger the latter smaller. >> the process does matter. it does matter. i agree. >> the process is teern knee. >> they have an understanding of power. >> i have he more power than you do you will bend into my will. >> i don't understand how president obama can get away with this again. basically flouting the will of the american people. it's not they don't want immigration reform, they do. but they were against him doing it this way. he does it anyway. no one is rising up people are

saying oh, he did. he is completely contradicted his 25 misrepresentations where is the accountability for that? >> they are thinking in terms of generations. >> 20-years from now you will be living on barack obama boulevard. that is a fact. he is a historic president. tough luck if you don't like it. >> they are so controversial he is getting sued over those. this is a long list of executive action. he keeps going where will it stop? >> presumably at the end of eight years. >> but look. i am not arguing on behalf of any of this. the structure which is the thing that separates us from other countries that makes us free. they don't care. >> what about the tea party? >> they care.

>> they are -- it's a deiffuse coalition. the history of the world verses a lot of people who are not coalescing behind one person. >> you know what else he has that i think is important a compliant media. >> that is for sure. as we said a million times i think every single day new york times in bed this would not stand under a republican presidency. >> it is critical. it wasn't until the media jumped on board if you like your plan you can keep your plan. if you like your doctor -- he had to come out and make an explanation of that. >> the media are the one thing that are not supposed to be. the one thing they cannot be is the throne and they do.

>> allen combs shows why his executive actions were lawful and necessary. president obama said he didn't have this legal authority before he said he did. how are the media covering that complete 180. that's next. sign-then-drive event. right now, for practically just your signature, you could drive home for the holidays in a new volkswagen. like the sporty, advanced new jetta and the precisely engineered passat tdi. ah, the gift of clean diesel. for the new volkswagen on your list this year, just about all you need, is a pen. festive, isn't it? hurry in and get $0 due at signing, $0 down, $0 deposit, and $0 first months payment on select new volkswagen models. [ inhales deeply ] [ sighs ] [ inhales ] [ male announcer ] at cvs health, we took a deep breath... [ inhales, exhales ] [ male announcer ] and made the decision to quit selling cigarettes in our cvs pharmacies. now we invite smokers to quit, too,

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dale mornings. howe, how has it? >> there are a lot of stories that would blatantly have in the past. the president's push backs resulted in a story of he said she said. that's a win for the white house. he said/she said making i for the white house. >> am i right it doesn't become a real political issue until you have all the media doing their job? the president didn't come out and admit if you didn't like your plan you can keep your plan until a national firestorm erupted. >> i think that's absolutely true. if you're a republican and those voices are being heard, i've seen a lot of ted cruz and john boehner on tv. but a lot has to do with the tone and the framing of stories. most journalists actually think immigration reform is a pretty

good idea, in fact overdue. the outrage you would have if say george w. bush unilaterally imposing -- you have stories saying republicans say it's outrageous. that's a very important tonal difference. >> but that's not their job. i don't think -- it is not opinion. and i felt this way when we had if you like the plan you can keep your plan, we were one of the first to come out and say that's not true. what he said was not true. he said period. if you like your plan, you can keep your plan, period. well, that's not true. that's not opinion, that's fact. and more media -- that's not taking a position. that's just telling the audience the facts, which is the same thing now with the 25 times over the past six years, and that's just what we have on camera, he has said x. and now he comes out last night and said not x, not x. why aren't people jumping around

about this and the other news organizations calling him out on the lack of integrity or at least the lack of explanation? >> that is what is missing what i call the media drum beat when the press is ticked off about something and typically we hate flip-flops and hate when politicians seem to do something very different from what they say they were going to do. then there's a story that drives. now it's become a complicated process story. we need to be fair to all sides, but you're right. the drum beat you might have seen in other circumstances is absent. >> and it's just -- because they like what he's doing. they like the end result of what's going to happen to these immigrants. >> i don't think a lot of journalists like the process or the fact the president is acting unilaterally. they would prefer to see the senate compromise get passed by the house and all that. but i think they like the end result. >> do they know what's going to happen when a republican goes into the oval office and tries to do this stuff? aren't they waiving their right to criticize him or her for similar behavior? >> being in the media means you

never have to say you're sorry. no, they'll jump up and down then. of course it sets a precedent for future presidenciepresidenc. we saw the exact same pattern with those jonathan gruber videos with obamacare it was a big story, and crickets on broadcast networks, but then, three, four, five, six days later, cbs, "the washington post" -- >> only because it kept coming out. it got to the point where he was unignorable. i've grown to like him because i've seen so much of him. he's given me a lot of fodder for the show. >> it's a story. nbc and abc didn't do it until this week. and newly surfaced videos -- not newly surfaced. they came out eight days ago. >> and day by day and drip by drip. howie, great to see you. see you sunday. up next, the president's it's not my fault defense.

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>> despite the fact that president obama had a democratically controlled congress the first two years of his term and did nothing with democratic action. >> trying to work a bipartisan deal. >> house of representatives allowed that kind of bill a simple yes or no vote it would have passed support from both parties. today it would be the law. >> a year and a half in which the only thing standing in the way of that bipartisan bill was that i could sign that bill and the only thing that has been standing in the way is a simple yes or no vote in the house of

representatives. >> allen cole is the host of the allen cole show. he could have had it in the first two years of his presidency. >> congress could have gone something. there were plenty of opportunities. >> his party controlled congress. >> i am not defending the democrats and congress. democrats as a party has not always done the right thing either. >> controlled the congress for two years and did nothing. >> neither can republicans. >> i am not putting it on him i am responding to his saying it is republicans. >> it is amnesty. >> he had the support of congress. >> this came after the 1986 congress immigration bill. >> that is different. i agree with you he went beyond what they agreed with in the law but that was to implement portions of the law. >> it was beyond the law.

>> congress passed a bill saying no more of that president. >> if you left the country and came back illegally we are going to give you amnesty. >> that is to implement a law. >> that is not part of the law. >> if you implement. >> it is far fewer. >> it doesn't matter. >> far fewer. >> it is both matters no the at all. >> he can waive in 11 million immigrants. >> it is a temporary -- >> take the hypothetical through to the end. can he wave in all 11 with no problem? >> no, because he is not doing it permanently. >> could he do it temporarily for all 11 million? >> no. >> he couldn't do it because at some point the scope does matter doesn't it? >> he could say temporarily but let's say until congress says something. >> all 11 million. reverse yourself on that. no he could not.

my friend. he could not. at some point it becomes an ethical issue. >> prosecutorial oppression. >> why did he wait? >> he was waiting for congress to act. he wanted the legislative process to take place. >> no, that's not true. >> that's not true. he was asked repeatedly until long after congress failed to act. why don't you forget congress. they stink. you do it by executive action. >> they finally did. >> no, you can't do that. that's an unfair argument. he at that moment said i don't have the authority. >> he didn't have authority to do it paerm nantly. he is making a temporary reprieve for three years. >> you said -- (talking over one another) congress. >> you are dodging. you are dodging about what the president said. >> you don't like my answer. i am telling you exactly. >> because they are false. i don't like my audience misled. this is misleading.

>> what is misleading. >> he was specifically asked congress won't do anything expand your earlier executive action you have the power. under those stishgcircumstances long after they failed to act i don't have the authority. that's the truth. i have gt to go. i am stealing the last word. alan colmes, be right back. patented sonic technology with up to 27% more brush movements. get healthier gums in two weeks. innovation and you philips sonicare save when you give philips sonicare this holiday season. celebrate what's new, the bigger, better menu at red lobster! with more of what you love! try our newest wood-grilled combination! maine lobster, extra jumbo shrimp, and salmon! so hurry in! and sea food differently.

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>> the president says his actions are lawful. the doj got 10 experts to agree.

twitter and facebook are going nuts in response to our report. we posted it at facebook.com the kelly files. share your thoughts on megyn kelly. thanks for watching. have a great week. >> up like this and then slam. what's the matter with the broken leg? it's only 6 weeks. >> i wouldn't want to gamble with my child. >> helmets on the soccer field. >> what's touldn't say ficcatio america. >> is it a spiritual awakening to sell boys vacuum cleaners. boys want to vacuum and iron? >> if that's what speaks to them. >> how strict would you be? >> daughters were not attend to attend a sleep over have a play date, be in a school play. complain about not being in a play. >> hold yourself to a higher standard. >> how do we teach kids to resist temptation? these kids couldn't. >> take a look at