remember, the spin stops here because we're looking out for you. ♪ breaking tonight, search crews are ramping up the efforts to locate the black boxes from egyptair flight 804 in hopes of determining once and for all what brought that plane down. welcome, everyone to "the kelly file" oochl atrish regan in tonight for megyn kelly. right now a navy ship is on its way to the crash scene. it will search the bottom of the mediterranean sea for the flight data recorders. so far, no terror group has claimed responsibility for the plane's destruction. but there is a new clue tonight. reports now suggest smoke was detected in a lavatory near the dock pit. it's unclear unclear who might have caused the crash. back here at home the fear of a potential terror attack on a u.s. passenger plane is bringing the issue of national security

and foreign policy right to the forefront of this presidential race. and it's leading to an ugly back and forth between hillary clinton and donald trump. mrs. clinton striking first. >> trump this morning was out hot and early on twitter when this happened saying looks like another act of terror. more proof that we're weak. >> he says a lot of things that are provocative that actually make the important task of building this coalition, bringing everybody to the table and defeating terrorism, more difficult. >> let me ask you, do you think that donald trump is qualified to be president? >> no i do not. >> hours later, mr. trump responding saying hillary clinton is the one who is unfit to be president. take a look. >> so today we had a terrible tragedy, and she came up and she said that donald trump talked about radical islamic terrorism. he essentially shouldn't be running for office. he doesn't have the right to run for office. and i'm saying to myself what

just happened about 12 hours ago? a plane got blown out of the sky. and if anything -- if anybody thinks it wasn't blown out of the sky, you are 100% wrong, folks, okay? >> all right. trace gallagher reporting for us from our west coast newsroom tonight. trace? >> trish, if there was ever a question about the polar opposite political instincts of hillary clinton and donald trump, the crash of egyptair flight 804 certainly settled it before any major details were known about the crash donald trump, in a move many called impulsive, took to twitter and declared that it was a deliberate act quoting here looks like yet another terrorist attack. airplane departed from paris. when will we get tough? smart, and vigilant. great hate and sickness. hillary clinton's response was much more kaurs saying we should wait for more information. but clinton was very quick to go after trump, calling his comments irresponsible dangerous, and reckless.

watch. >> i know how hard this job is. and i know that we need stetdiness as well as strength and smarts in it. and i have conclude he is not qualified to be president of the united states. >> trump, who calls himself a counter-puncher hit back again and again saying, quote, by the way, ask hillary who blew up the plane last night. another terrible but preventable tragedy. trump went on to say, she's the one who is unfit to serve. watch. >> so we're going to have to get very tough and very smart. and hillary clinton can never get you there. it's four more years of obama, and this country can't take it. >> political experts believe this back and forth will be a key part of the campaign's narrative going forward with the clinton camp citing her experience and temperament while accusing the trump camp of being -- or trump of being intemp rat. the trump camp will then respond by hammering away at the

republican belief that democrats are loathe to call any attack terrorism to avoid offending muslims. according to a new poll this clash of temper meant has benefits for both sides. voters in the swing states of florida, ohio and pennsylvania say when it comes to handling terrorism, they prefer trump over clinton, albeit by a small margin. but when it comes to handling international crises they prefer hillary by a lot. just one more facet of what's already shaping up as a pretty personal campaign. >> indeed. thank you so much trace. you know just days before the egyptian airline crashed voters told fox news they truce donald trump to do a better job on terrorism than hillary clinton by a margin of 52 to 40%. joining us now, boris epstein, richard fowler a nationally syndicated radio host and senior fellow with the new leaders council and charles hurt a columnist for the washington

times. gentlemen, good to see you. boris, donald trump is a man with no classical training in foreign affairs. a man who has never held office. yet boris he is resonating with american voters on this very issue of terror. why? >> because he is able to get to the point. he doesn't pars his words. and he speaks what he believes. he doesn't wait. if you look at the clock when hillary clinton was making those comments it was 2:00 eastern. donald trump was out six hours before then talking about what actually happen. same thing happened in brussels. as soon as the brussels terror attack happened donald trump was on the phone to the radio shows, to the morning shows, giving his view speaking to the american people. what did hillary clinton do? she had a conference call with 30 of her advisors and then gave a speech at stanford. that difference is exactly why donald trump is leading in the polls as a whole and on terrorism specifically. >> charles, a lot of people say it feels like he has common sense. i mean when people heard about that crash of course everyone's mind went straight to where donald trump went with the

assumption that this very likely could be a terrorism event. we still do not know that for sure. but he came out as boris says hours before anyone else. is that not a risky thing to do? >> yeah. but he's willing to take risks. and i think that they have paid off very well for him. it may turn out that his declaration that this is terrorism winds up being premature. but i think what we're seeing in polling, especially on the issue of terrorism is that people would far rather have somebody who is a bit premature about something like this than to have someone who for seven and a half years refused to even utter the name of our enemy. and i think that for as long as hillary clinton and donald trump clash on an issue like this she can win all the polls she wants to on international -- handling international crises. nobody cares about them. all they care about in terms of

this is terrorism. >> richard fowler does she need to be a little more forthcoming when she's up against the likes of donald trump? does she need to be able to say, this is radical islamicterror? does she need to at least identify the enemy if she wants to be seen as tough on terror? >> hillary is tough on terror. she has been and she has been in the state department four years. she led the country in foreign policy effectively. here's the question we should be asking do we want someone like donald trump who is unhinged with no control running our foreign policy? the answer is no. you want somebody who is tempered strong you want somebody who is going to hear all the voices. >> you are bringing up an interesting point. donald trump is willing to spout off, but -- but let's face it. he's not president yet. is this part of his political tactic boris, because it resonates with voters?

they want someone who seems tough. if he were president, would it be -- would it be different? >> it's both a tactic and it is who he really is. this is an authentic candidate. just like ronald reagan was an authentic candidate. let's talk about what richard just said. hillary clinton was a terrible secretary of state. just because she was one doesn't give her any credit whatsoever. benghazi china libya, egypt russia are, all fronts where this country is worse off after she had been secretary of state. our country here under obama and hillary, we had san bernardino happen here. and who knows what else could have happened. >> they may not have been her policies. however, richard, she was there, she was secretary of state, and we have seen an incredible rise in isis terrorism in the last eight years. will she be tarnished by this? >> not at all. here's the thing where boris is wrong. >> whoa whoa back up richard. how can she not be tarnished by

that? she was part of that administration. >> and here's the thing. what we've seen under president obama is a roll back on the war in iraq and the war in afghanistan. both irresponsible wars taken to task by people who were irresponsible like donald trump. vietnam an example of another irresponsible war because we didn't have the facts. if we are going to go to war again in a country that's war weary we don't want the likes of donald trump at the helm. >> she voted in iraq. and she also was part of an administration that got out of there. they high tailed it out as fast as they possibly could which many believe has led to this rise in isis terrorism. >> of course earlier this week we just passed the -- barack obama broke the record for being at war longer than any president in history, including george w. bush. but one thing that you can't blame barack obama for. you can only accept that he

picked -- except that he picked hillary for secretary of state. completely hadder in wheel house, the day after the benghazi attacks, a coordinated terrorist attack, she had information, and knew that or should have known that. instead she lied about and it said that it was -- cited some internet movie which of course then brought that to the forefront and sparked rise around the world. >> i cited in the beginning of the segment where americans see donald trump as a man who has no political experience, as the guy who can keep them safe. >> he sounds like he knows what he is talking about. >> the reason is trish, because hillary clinton -- [ overlapping speakers ] >> all right. we're going to have to save this for another day. gentlemen, wonderful to see you all. richard we'll talk again soon. i promise. thank you so much. coming up the latest details on the search that's underway right now for the debris in the mediterranean. some sources still think this was terror.

which 2016 contender would handle terror handle isis best with a fair and balanced debate we're going to have sebastian gorka and larry up next. plus we are getting new details about the final minutes of that fateful flight details that may help solve the question of what or who might have actually brought that plane down. don't go anywhere. i would say that it's probably an explosive that was brought onto the plane not by a passenger, but by an insider, by somebody who worked either at that airport --

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justin turn earn. breaking tonight, haroing new details beginning to shed light on what may have transpired during those final minutes of egyptair flight 804. the send for the black boxes begins. slowly but surely investigators are beginning to piece together what happened. we go to charles de gaulle airport in paris where this doomed flight took off. >> reporter: we have just gotten important new information about the harrowing last minutes on board the doomed egyptair flight 804. according to a respected

aviation website backed up by our own aviation expert smock alarms went off in the forward bathroom. and the avionics compartment just before the crash. that information relayed via satellite monitoring system. our source says that this affected computers and controls on the plane and could have led to its deadly dive. a possible sign of a critical malfunction or a plane's system recoiling from a terror attack. this as the air and sea search for debris from the plane continues in the mediterranean where it went down. plane parts, personal belongings and human remains were found some 200 miles off of the egyptian coast. as more information emerges about who was on the plane, the pilot identified as 36-year-old homeland said shuk ar.

and mohamed mamdouh assem. the plane left from paris. officials said today security has been tightened. islamist leaning staffers already have been identified. finally in cairo, where many families of the victims are or have traveled to, prayers were said on this muslim holy day. for those lost, for those just beginning to be recovered. for whatever reason. trish. >> thank you greg. also tonight questions swirling around this flight and whether a terror group could have possibly brought this plane down. when a russian passenger jet was taken down by a bomb over egypt last fall it took an isis affiliate weeks to claim responsibility. with terror, the second most important issue to american voters they are looking to presumptive nominee donald trump and likely democratic nominee hillary clinton for some

answers. both think they are the ones best equipped to do it. listen to this. >> we are going to beat isis very quickly, very quickly, gonna be fast. gonna be fast. we're going to be fast. i have a great plan. it's going to be great. what is it? i'd rather not say. i want to be unpredictable. why would you announce that? why do you announce that? why do you tell the enemy that you are sending people over there, and they now have a target on their back? >> his idea that he quote has a secret plan to get rid of isis that he is not going to tell anybody, i found it disturbing because i -- you know as senator from new york for eight yirs as secretary of state for four years, i know that the stakes are high, that we face some real challenges and dangers in the world. >> join me right now we have dr. sebastian gorka, the chair of the military theory, and author of defeating jihad. and larry court, a former

assistant defense secretary. welcome to you both. doctor, starting with you, what do you think donald trump's plan is to get rid of isis? >> well i'm not on his campaign staff. i did advise mr. trump last year on some national security issues. he's big a little bit cagey. he gave his first very big foreig

>> is that -- is that enough in an environment such as we're living in right now politically speaking where people are hungry for details and they do want

answers and this is something hillary clinton is going to continue to harp on as we see this race play out. >> well he did give some answers and they are very important ones. >> he said in his foreign policy speech that the muslim brotherhood is enimical to democracy and is a threat to the united states. and he is prepared to put it on the foreign terrorist organization list just as egypt, where it was created, has already done, and the muslim brotherhood is the grandfather of all jihadi groups al qaeda, isis, al news tre, you name it. he has made some statements that are very reassuring. and things that simply after the last seven years are a breath of fresh air. it's disastrous whether it's benghazi, whether it's detraying the iranian people in the green revolution, whether it's the events of libya. you couldn't -- you couldn't imagine a worse foreign policy than the last seven years. >> well. >> so whatever he does, i think it would be an improvement. >> larry, i mean that's the big

challenge right now for hillary clinton. she has to live down being secretary of state at a time when isis came to power. you look at the last eight years and i don't think anyone could say we are in a good state as far as our foreign affairs go. how does she campaign when american voters know there is a good chance they could get another four years of exactly what they have had for the last eight? >> well, i think ace important to keep in mind isis came into being when on bush's mind he was senseless invasion of iraq which he was not honest about. and basically then that's why isis came into being. and everybody is blaming obama for getting out of iraq in 2011. bush signed an agreement with them in 2008 that said we had to get out. i remember asking wollicy this. and he said you sign an agreement. and basically, that's what created this situation. had we not done that we wouldn't be having these problems today. >> the challenges you get into

something you you have got to see it through. you can't just run out and leave chaos behind. otherwise you are going the see exactly what we are seeing receipt now. >> i agree. bush shouldn't have signed that agreement. if he wouldn't have done it we wouldn't have this situation. when he signed it. wollicy said we have repelled the invaders when bush signed the agreement. >> doctor go ahead. >> i think we have to stop blaming bush. that is hack med. let's talk about the future. let's talk about san bernardino brussels, and paris. let's talk about the fact isis is the most powerful jihadi organization the world has ever seen and it was facility kaitd tated by our withdrawal in 2011 when secretary clinton was the secretary of state. there would be no isis and no califate if we still had american troops in iraq and president obama hadn't pulled them out and secretary clinton hadn't supported that decision. that's the truth. let's stop blaming bush.

>> bush signed the agreement. you still haven't -- >> thank you for being here. i've got to go. i'm coming up against a hard he can bra. new details coming in to us tonight about the final moments aboard that egyptair flight that may help explain what caused the deadly crash. up next we'll hear what the experts are saying may have brought that plane down. ambassador james woolseyy is here. plus we'll speak with colonel tony schaeffer and aviation expert robby mark. passengers aren't the only ones frustrated with the tsa. the agency is feeling the wrath of collisions. florida congressman john mica is fed up. and he's telling us why. >> last night, i had the night from hell. i had three people who i invited to washington who came to washington, spent most of the day with me -- all of them missed their flight standing in a tsa line.

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tonight, we're learning more about the final minutes. egyptair flight. it left pair igs for cairo but suddenly, and without warning fell from the sky, killing all 66 people aboard. news this evening that there was smoke in the bathroom and in the communication system minutes before the crash. catherine harris has more. catherine? >> reporter: the official confirmed to fox news tonight

that smoke was detected on flight 804 before it disappeared. the plane's reporting network called acars sends status on on board sensors. one aviation expert says smoke is consistent with a small bomb as well as mechanical or electrical failure which could explain the erratic flight path the sudden 90 degree turn to the left and 360 spin to the right before it dropped off radar. >> in other words, it was out of control. something had happened that caused the plane to do then -- something other than the pilot actually telling to it do those things. >> as a second u.s. navy plane joins the search for submerged wreckage, a counter-terrorism source who tracks al qaeda and isis social media accounts for the u.s. government said there has been no credible or even semicredible claim of responsibility n. fact the islamic state terror group put out new propaganda that made no

mention of egypt france or the flight. fox news is told u.s. investigators are doing a deep dive on the two egyptian pilots identified today and a review of their social media profiles who determine their state of minds before the flight and extremist ties. >> joining me now with his assess men what have or who took down the jetliner former cia director, ambassador james woolseyy. ambassador, welcome. >> good to be with you. >> do you believe this was terrorism? >> i think it's more likely than not. although this new information about the smoke this the cockpit could suggest some kind of malfunction. or it could suggest a small bomb that went off. but let me say that i don't think that's the main point. because whether or not this particular event was terrorism or not, there is a lot of terrorism in that part of the world and people are focusing on aircraft. they have since the beginning of this crazy business and 9/11.

and we need to figure out how to make our airports and facilities that aircraft use safer for people to use. >> are you concerned about us here in the u.s.? in other words, what kind of vulnerability do we have here right now? >> well those large international corporation, some $80 billion company that operates all over the world, some 70-plus countries with maintenance facilities and facilities for essentially caring for the -- all of the logistics dealing with aircraft. and those companies -- that being company has been moving away from america -- in the united states from american based companies with largely american workers and moving toward companies -- subcontracting to companies that hire a great many foreign workers. >> foreign workers here in the united states. >> yes, some from mid east.

>> foreign workers here in the united states many of whom you say are from the middle east are actually the ones responsible for some of the airlines that we have here in the u.s. whether that be cargo. >> we don't know what we do know is we have to vet them very, very carefully. ang people from that part of the word is really hard because passports going for $100 that are really extremely good copies -- all of that is the way things are in lebanon and -- >> ambassador basically what you are saying is you are concerned about companies that are active in airports here in the united states hiring islam ic simple thiss, islamic extremist simple thiss that are coming in contact with airlines here thus making all of us vulnerable? >> in a sense, yes. the french had to fire a large number and review an even larger

number of foreign workers. and we need to pay attention to it. >> yes. >> it's not that we want to tell everybody from syria that gets into the united states that they can't work here. no. >> but maybe not at the airport. >> what we need to do is vet them very thoroughly. and maybe not at the airport if they are marginal on the vetting. >> it's the reality of the world we live in. however ambassador woolseyy, a lot of people would say that's racial profiling. i mean you can't just say anybody from the middle east is you know, not able to get a job at the airport because we're suspect of them. >> if we don't profile, we lose a really important tool. in new york city there was a period of time in which there were -- in organized crime, you wanted to check first in jewish neighborhoods. later it was sicilian neighborhoods. people who commit crimes

including terror often come from similar backgrounds, they work together, they know one another sometimes they are even family members. we need to understand that and get on top of that and get on top of it and not -- >> how do we understand that when our president won't even acknowledge the threat that we face? >> get a new president. >> all right. ambassador james wools woolseyy thank you very much. no terrorist group has yet to take responsibility for the crash. is that an indication of anything. >> joining me now with their thoughts, lieutenant colonel sewn schaeffer. he was a cia trained intel ones. and robert mark a commercial pilot and publisher of jet wind dot com. got to see both of you. colonel schaeffer do you find it at all significant that this plane went down immediately after crossing into egyptian air space? >> it could mean something. it could not. it's one of those unknowns at this point. one of the points i think is important to recognize, airbus is a completely automated

system. boeing had a different way of basically designing the aircraft. this was a catastrophic loss of control. that means something happened to destroy the ability of the pilots the take command of the flight. now when the automated system crashes in the airbus it goes down. boeing has a way of giving control back to the pilots. there is a precedence. i think we may be looking not broadly enough at the usual suspects. ramseyzi yousef actually did a. booing like this -- he is in prison right now. al qaeda. did a bombing of a philippine airliner in deese of 04 where they had a device go off with the intention of making the aircraft go down by hitting the fuel tank. missed it but it took out the flight controls. al qaeda in the arabic peninsula has been somewhat silent but has been wanting to use a bomb on an airplane.

i think if you look at the patterns of the past it may be repeating to the future. >> do you think al qaeda is a group we should hone in on? you have got isis boko haram. there are many groups out there when you think of who potentially could have done this, al qaeda is at the top of the list? >> al qaeda because they have both had the attempt -- they have been seeking targets. the shoe bomber reed was trained in yemen. yemen has been a place where they have been rapidly aibl able to expand again. this is more of a pattern i would recognize coming out of al qaeda who is probably wanting to compete with isis. and no one is taking credit yet i'm just saying it is a possibility. >> that's perplexing nobody has come forward and taken credit. that said it took weeks for isis to come forward and claim responsible for the russian passenger jet that went down in egypt recently. robert, turning to you, when you heard tonight's news that there

was smoke in the bathroom did that make you question at all the terrorism theories that are out there right now? >> oh, it did to me certainly. it almost seemed like a game changer to me. because the first thing i wanted to know after i heard about the smoke in the cockpit which of course is an awful thing because it would cause the crew to lose control of the airplane because you can't even see the instruments. what i wanted to know is what caused the heat sensors to go off in the bay below the cockpit. what was the cargo this aircraft was carrying? i mean you know, this could also be a catastrophic failure in the sense that if it was carrying lithium ion batteries and one of them started to short circuit -- it's had this kind a reaction. to me i'm not completely focused on terrorism. i'm not saying it's not. it could be. but i think we have other options. >> they need to fine this black box. they have a definite period of time that they need to find it

in. what is the likelihood that they will find it given the depth of the sea? >> i think they will find it. i mean -- although it took a while, two years as a matter of fact for them to find the ones from the air france airplane we're going to probably find the pingers the radio transmitters on these boxes are still emitting a signal. when they get into the right area they are going hear them. they may not be able to grab them right away but they will know pretty close where they are on the bottom of the mediterranean. >> thank you gentlemen. security ramping up at airports across the country right now likely bringing no end in sight to those long lines tsa passengers -- tsa is dealing with with passengers. one republican congressman credited with forming the agency says the tsa is destined the fail. he joins us next. plus a looming deadline brings an yun slaut of new regulations leading some to wonder if the president is

making sure his legacy just doesn't get overturned.

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with major airports like los angeles international boosting counter-terrorism efforts in the wake of the downed egyptair flight passengers around the u.s. can expect increasingly frustrating tsa experiences. passengers subjected to long lines and missed flights are beginning to question whether the safety procedures are really worth it. and tonight you will hear from this republican congressman, credited with forming the tsa agency.. >> you can't get ahold of a damn person in tsa, neither as a member of congress. nor will they take your call. i'll tell you what. it's just unbelievele. you can fail. and you will fail and your attempts on the training and recruiting and all will be a failure. i can tell you that. i told you that on my cell phone

when you came in because you cannot recruit. you cannot train, you cannot retain, and you cannoted a straight. it's just a huge failing government program. and it will fail. >> florida congressman john mica joinsly me right now. congressman micah, welcome. >> good to be with you, but under some tough circumstances. a lot depends on our getting it right and keeping the american public safe. >> you helped create this agency, the tsa, why is it such a disaster now. >> well it spun out of control. we started out with 16500 screeners. when government failed to put in regulations even to direct screeners or to limit things that could be taken aboard we grew to 22,000, to 35,000, 45000 screeners. that's just the tip of the iceberg.

then we have 13,000 screeners -- non-screeners on top of. that we have the biggest bureaucracy created. and government agencies -- it's bigger than seven cabinet offices and they can't get it right. they spend money on equipment that doesn't work. they can't train and retain personnel. and now, because of their failure, which was disclosed by the media last fall 95% failure rate with 45,000 screeners -- in 2008, the media uncovered 75% failure rate with 35,000 screeners. so they got more screeners and a higher failure rate. >> i'll admit i've gotten a few large bottles of shampoo through those lines myself without a tsa agent even blinking. >> and that bottle of shampoo doesn't pose a risk. what does matter is they've let 17 known terrorists go through

airports 24 times and failed on that account. these are the reports that i get. >> it is very scary. and this is a reality that we need to be confronting right now. how do we change this? do we need the private markets here? do we need a company running the tsa as opposed to the government? >> well i'm trying to get them out of the personnel business because they can't manage the screeners. and screeners are not law enforcement or intelligence people. the most important role of government is the intelligence part connecting the dots. that's what's failed every time. that's what's failed in paris and europe and some of these events. but we've got to get those terrorists before they goat to the gate. if they get to the gate we stop them before they board. >> congressman, i think about israel. >> they are very good. >> the security they have attelal very different than what you see in the u.s. israel is a small country. the united states is not. can we -- can we do something similar to what they are doing

given that we are as large a country as we are. >> we've got to do it smart. you don't spend all your resources like they are doing now shaking down 99% of the population that doesn't pose a risk. all these people that are waiting in line they don't pose a risk. we're looking for -- >> should we racial profile. >> i would profile not on the basis of race or religion or ethnic background. we can do some profiling, yes. what we need to do is be . we know in many cases who the individuals are that pose a risk. however sometimes we don't even know who is working at the airplane. we have thousands of people who are undocumented working behind secure areas in our airports. >> exactly what the ambassador was saying we need to be cautious about who is working in our airports. >> if these are inside jobs like we had in the sinai peninsula we are in a lot of trouble. >> congressman, thank you for joining us tonight. >> good to be with you, thank

you. >> all right here we are just eight months until his last day in you was a. a new report saying how president obama is laying the ground work to protect his legacy. how an abuse of executive power could lead to more problems for our already bad economy. guy benson is here, he's going to explain. lax. it's the only fiber that supports regularity with dailycomfort fiber. so unlike others, mirafiber is less likely to cause unwanted gas. love your fiber. new mirafiber. i'm billy, and i quit smoking with chantix. i had a lot of doubts going in. i was a smoker. hands down, it was that's who i was. after one week of chantix, i knew i could quit. along with support

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well a new report is shedding light on a mountain of new rules. loads of regulations being pushed through at an alarming rate by the obama administration. this some regulatory blitz is likely due to a fast-approaching deadline that would prevent the next administration from being able to strike down the rules ss and that has a lot of people wondering if the president is getting worried about a trump presidency. >> would you acknowledge there's a bit of a race against the clock to try to beat the 23rd so that donald trump doesn't have a chance were he to be elected, sort of undo some of these regulations the president's sort of trying to push through? >> well again, this is a rule that's been -- >> i understand. >> it's revision, but it's also a rule that's been in the works for more than two years. obviously the next president will also have executive authority they can wield and presumably they can make changes to the threshold as well.

we obviously hope that they won't, but this is an executive action and it is consistent with what the president believes ss is a smart strategy -- >> all right. joining me now guy, a political editor at townhall.com and fox news contributor. guy, good to sighee you. >> hey, trish. >> all kinds of stuff going through these days new environmental regulations. economists are saying this is not good for our economy, it's going to cost business a whole lot of money. nonetheless, the president is a busy man these days. why such the rush? >> well $70 billion worth of regulation, almost that amount since january 1st alone and the reason he's doing this to be fair president bush executed a similar maneuver back in 2000 based on a law that was passed in the mid '90s that was intended to rein in the regulatory state by taking it out of the control of presidents late in their terms and so what did president bush do? first he canceled what clinton had attempted to do then remembered that eight years later and beat the deadline

before he left office. obama's doing the same thing. and i think the question that we just heard put to josh ernest is interesting. is this in some way an acknowledgement from the obama administration that they're concerned that donald trump could win this election? what does that say about the president's agenda? hillary clinton's vulnerability in the election? i think it's an interesting political story behind that big, big price tag that i know you would focus on on "fox business." >> look, he's seen the polls and hillary clinton has seen the polls and this is not going to be a lay-up for her. not going to be as easy as she may have originally hoped in terms of beating donald trump. but you know, all this economic regulation i'm always struck by the fact that look the president's trying to do the right thing. he wants to help people. he wants people to earn more money. everybody wants that. but sometimes, guy, what you call the law of unintended consequences and if you regulate the heck out of everything the reality is those people that you're trying to help, they're not fwoings togoing to have a job.

>> that's right. there's such high cost for compliance. i think another big story intrinsic in this particular report trish, is president obama is -- his entire eight-year term, he has spent a lot of time especially when the republicans took over congress really governing by fiat with executive orders, challenging people saying i'm going to what i want to do you can sue me if you want good luck. and a lot of progressives or so-called progressives have cheered him on at every step because he's advancing their agenda. if there's a president trump or next republican president or conservative president there's a precedent set by barack obama they can look back to and say, oh no i'm sorry, there's a new rule set in town that president obama implemented during his time we're going to do the same thing. >> all right, look guy, the reality is we're not a monarchy. news flash. >> we shouldn't be. >> we're going it be right back. i'll see you here.

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tonight and i want to thank all of you for watching. megyn will be back monday and i'll be on the fox business report hosting. i hope to see you there. "hannity" is next. we begin tonight with a fox news alert. officials are frytrying to determine what caused egyptair flight 8 04 to crash into the mediterranean sea thursday morning. i'm tucker carlson hitting in for sean. crew we're learning tonight according to the aviation herald there may have been a fire on board the aircraft. spoke alarms joining us from our london bureau is kitty logan. kitty? >> the aviation herald website has published a statement,