a tragedy american has got to avoid. >> governor huckabee, thank you very much. that's it for us tonight, thank you for watching, and eric bolling and for bill o'reilly and please remove of the spin stops here because we're looking out for you. ♪ >> tucker: welcome to "tucker carlson tonight," other networks are determined to ignore it, we open tonight with the coverage of the horrific rate in maryland, shucking emails and they are shocking, montgomery county school officials have been sending to parents vowing to protect illegal aliens at all costs and a threatening anyone complains about that. they have evidence of illegal immigrants henry sanchez malan and jose montano are guilty, he has a lawyers saying he is innocent. >> it seems the physical evidence is not there because there's no scratches, there's no

bruises, there is no injuries like that. >> there is physical evidence of a rate and assault, yes. she is absently adamant that she did not want this to happen whatsoever at all. >> david ruiz is an attorney a partner at the firm rub scenting him, he joins us tonight thanks a lot for coming on. >> tucker: there are reports that you plan to argue at your from that the rape was consensual, 17 and a 14-year-old girl in a high school bathroom, how could that in any sense be consensual? >> this is an ongoing case, this just happened last friday. yes the preliminary indications we have was that this was a consensual encounter, not a's b $0.1490 paid >> tucker: between two guys 17 and 18 and a 14-year-old girl in a high school bathroom. pardon me if you i seem astonished that you would be

bold enough to assert something like that, that seems insane. >> it certainly seems horrible that that would occur in our schools even consensual, it seems like something we wouldn't want in our community but that doesn't have anything to do with whether or not it was forced or coerced or in any way illegal. >> tucker: even saying that out loud, is in effect an attack on this girl told authorities that she was raped, is your argument that she invited with two men in a bathroom in high school in the middle of the day and then lied that it was rape? >> i think what you're going to find that as this case goes on there's a lot more evidence that will come out, all of this involved are ethically constrained from discussing details. this case will go through the courts and there will be evidence that comes out it's not just what has been the initial sensational headline? >> tucker: you're a partner at a real law firm, you were

assigned to this case you apparently took it voluntarily why did you do that and who's paying for the defense? >> i'm not going to get in the details of who, his family retained us, his father is in this country and hired us to do this case. this is what we do we represent people who have been accused of crimes. >> tucker: why would you get into details of who's paying you? were not? >> bound by many ethical considerations such as what i've been told by my client, what i know about the case that cannot be made public. i've got larger responsibilities to my job with my license and my practice but i can't talk about everything. >> tucker: this kid was facing deportation if he's found innocent if you get him off on these charges, will you continue to take up his case to keep him in the united states? >> i don't do immigration law, we have attorneys at our firm that do. my understanding is that he will face deportation even if

exonerated from what the accusations are. >> tucker: what you think of that? >> i think that's a larger issue that i'm not hired or paid to talk about. the focus right now as an attorney and as a human being is on making sure that our children are protected, making sure that the bottom line of this story is found out the truth one way or another. a >> tucker: to be honest, would you be comfortable having your 14-year-old girl in class with this guy? >> i have two children, i live in montgomery county, they're not in school yet, i want nothing but safety for my children, their friends, my family and everyone in my community. >> tucker: right, we all do, but that's not answering the question. this specific guide, your client, would you feel comfortable having her love one go to school with him? >> i don't know him. i literally don't know him i can't begin to answer that question about single specific individual. certainly these allegations have caused everyone a lot of concern and they should.

this is actually a horrific allegation. >> tucker: i think that's something you would think through since you're meant to be arguing in public on behalf of the sky. doesn't his character, his capacity or not to do something less, does that enter into it? that the consideration for you? >> everything's a consideration, i'm sure there could be a number of questions asked about all three of the people involved in this. five days into it. >> tucker: what questions would be rates but the 14-year-old girl that says she was raped in high school bathroom, what questions would you raise a? >> i don't know, i wonder what questions about the accuser the duke lacrosse case. >> tucker: this isn't duke lacrosse case you're the one who brought it up. you said questions could be raised about her, i'm asking what questions? >> you just talked about the character, the different aspects

of mr. sanchez, i think everyone involved the person accused making that excision puts the character in the play purred >> tucker: you better be right about this if you're good to be impugning the character of a 14-year-old girl who says she was raped, other people said they heard her screams. to impugn her character, you really before god to better be sure that you on the right side of this, does it occur to you? >> i think what occurs to me is that we have a system here. when people are accused, we go through the system. >> tucker: you don't need to trash the accuser you're already beginning at, you know exactly what you're doing. >> i'm not trashing her in any way print >> tucker: of course you are, but her credibility and character, you just said that. my only point to you, have you thought through the moral consequences, i'm glad to defense lawyers exist. before you say something like that, i'm kind of putting my soul on the line a little bit? if you have those thoughts to yourself? >> i'm a human being and i have all of those thoughts.

i think as we learn more about this case and as you see more of the facts, everyone will be able to evaluate this case. it's day five. spin this a lot of things we don't know, you say his immigration status is irrelevant but can you see why people don't think it's relevant, he was in and out of u.s. custody, federal custody and in state custody in maryland and he was let go. he's accused of a violent rape against the child. if he is deported as he should have been legally we wouldn't be here today, why his immigration status irrelevant, it sounds like very relevant. >> his immigration status is irrelevant to whether or not he did it. my job is to defend him and try to get to the bottom of the facts of whether or not he did. it is irrelevant to the issue of whether or not this occurred, that's exactly my point. >> tucker: he wouldn't have been in the school, he wouldn't have been accused, went have retained you, girl hadn't have

questions raised about her character if the end been here. >> right, this isn't the first sexual assault case have been hired for in many of them are natural born citizens. it is not an issue of whether people committing these crimes are immigrants. >> tucker: people already broke to the crime, should be here in the first place. but maybe that's too obvious. thank you for being here. we want to share a series of emails to you since due by the superintendent of montgomery county schools. dr. jack r smith sent to the parents placed the kids under his care.s are fascinating there are a true showcase of his values to dr. jack hours met the worst crime imaginable is not sexual violence against a child but naughty language language he considers intolerant. an email sent just today, and by the rate itself but he lectures

parents, far too many have crossed the line racist and xenophobic calls and emails. not only are those calls offensive but they are also somehow illegal. he puts if they will not be tolerated and will be reported to police in montgomery county who presumably have never heard of the first amendment. speaks much more harshly about xenophobia than he does about sexual assault of a child. colleagues of montgomery county school system have sent a ton of them. one week after the november election his district had every principle sent an email that warren hate speech something they never bothered to define would be punished severely. they urged kids to report cases of offensive messages to the proper authorities. last friday night at the very day after the alleged rape in rockville, he sent a school wide email lamenting on the basis of no actual evidence that hate-based incidents are on the rise across this country, something a lot of people say but no one actually proves. if he urges students to participate in in a contest denouncing hate, any political

expression that school administrators disagree with. if none of this has anything to do with education of course it's a political indoctrination of stunned by force and they're not even trying to hide it. in january, the district took a stand for illegal immigration print they sent an email letting parents know that montgomery montgomery county remains a welcoming learning environment for all students regardless of immigration status. if teachers will do nothing to report illegal immigrants. you would think that somewhere, someone in the spelling and highly paid education complex would pause and regret sending an email like that given that an illegal alien now stands accused of rating a child and one of the school bathrooms. apparently there are no second thoughts in rockville, it's a full steam ahead with the same old diversity agenda at all costs, if you don't like it, shut up or will call the cops. the powers that be in montgomery county certainly don't want you thinking critically about the country's immigration laws, fortunately were not good to listen to them tonight. at the rockville case exposed

the critical flaws of the immigration laws, where joined by danna stein, president fort federation of american immigration reform were joined by alex little a criminal defense attorney and former u.s. attorney it's great to see you both. the obvious question which i just posted the defense lawyer is that this crime could have been prevented, nobody really doubts that. if one of the men and probably both had been deported as he was supposed to be, but the government didn't deport him and now here we stand with the child claiming she was. this is inherently about immigration and its lack of enforcement for political reasons. >> i fundamentally disagree, the chain of causation that you're laying out is so far attenuated. i had cases as a prosecutor where the defendant would say i did this because i needed to pay for the mother's cancer treatment. is that case about health care reform? but whether were going to reform obamacare? the individual committed a violent crime.

here the causation is what happened in that bathroom peered >> tucker: but he wasn't supposed to be here. authorities fell down on the job they didn't do what they were sworn to do what they had sworn to do because of political pressure. he wouldn't be here at all, this is not attenuated, this is direct. >> if that's what this case is about than i think we are focusing on the wrong thing. we have an individual who is a potential rape victim, she is not the one in the country i think it important we focus on all of them. i don't want to tell them that one were rape is more important or less important because of the immigration status. >> tucker: i'm not going to sit here for that and know was attacking his race. i'm certainly not. i'm saying look, dan, here is what separates this rape from a lot of devos rapes, that's allm saying. >> was happening is happening

around the country concerned citizens are asking why. what has happened to the american mind mixing the decline of the intellect, were figuring out what of these guys doing here? why are they in the same classroom in the same school with a 14-year-old girl these gutters have, 18? wire the in the eighth grade? how did they get in through the border, who greeted the environment that lists all happen? chain of causation, supreme court. biggest federal mandate and history, everybody here illegally has to go to public school. then at senator feinstein, joe biden when he was in the senate, wilberforce language a law designed to protect child traffickers is now being used by smugglers. lo and behold what we are now facing is a big battle between a donald trump who is trying to crack down and many republicans in the democratic party and democratic could controlled std counties setting themselves in

defiance, not only are we going to promote the concept of illegal immigration, were going to do what we can to obstruct justice. there is no reason that these two guys should have been in the country. if they came in here illegally. they were released, they never really had a hearing date for deportation because basically the democratic party position on this now is unless you commit a dangerous valley, you shouldn't be deported. you know that means? your good to have evil here illegally committing felonies who have no criminal record. >> tucker: i would direct you there and pose this question to alex. i think pro-immigration advocates would have more authority if they agreed with the president that if you commit a felony that you could be deported. yet they argue against that, there against deportation. >> that's absolutely the law. if you commit a felony if even if your green card holder. >> tucker: when a trump says we're going to be deport them all of a sudden it's kristallnacht, we don't want criminal aliens here. >> i don't think people disagree about that i think the question

is where you place the enforcement and where do you focus your priorities? here we see some troubling signs that ice is not focusing they priorities on dangerous criminals, there is outside churches and hospitals in homeless shelters, very disturbing case of a domestic violence victim who was taken into custody after reporting her abusive husband. when you have immigration authorities doing that i think there's a real debate about whether that's the right approach whether you do take folks who are violent felons and deport them. >> tucker: what's basically people are saying which don't enforce a lot when a change along congress? >> it's a bankrupt idea that you shouldn't be deported unless you commit an independent felony. in the end you're creating a swamp of illegal activity. if you don't really know the identity of somebody if they are here illegally. all the supreme court said in 1982 was if a child is here illegally, they ought to be enrolled in public school until there deported. that doesn't mean the school has a responsibility to verify residency or sadness. i know all about the school

system, they do not verify real identity, they don't care about the actual age of these guys, that's why they were in the school. basically montgomery county is running a segregated school system. you look at performance and you can see how people self segregate within the school system and a rockville used to be a great school but now it's kind of declining because the montgomery county politics are creating -- >> tucker: unfortunately were out of time. >> we have to maintain the veto of the trust act that's everything were going to try to do now is to stop that bill in the state assembly. >> tucker: thanks. sources have told fox news there could soon be a smoking gun proves of the obama administration tried to spy or did in fact spy on the transition team at. will talk to a lawyer who served under president clinton about that. first, rockville is hardly the only example of immigrants committing severe crimes. will present some research to you that we pulled from

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>> tucker: recently we decided to take a more detailed look at the link between immigrants and crime in this country. it was really interesting, here's part of what we found. when donald trump announced his candidacy for president of the united states, he triggered untold numbers of journalists and pundits by expressing his thoughts on mexican immigrants. >> president trump: when mexico sends its people they're not sending their best, they're not sending you. they are sending you. >> tucker: exclusive analysis of data collected by the dea largely vindicates the

president's claim that u.s. immigration policies are contributing to crime in the country. data from each of the 20 domestic divisions shows that of the 767 fugitives with known birthplaces, 83% of them were born outside of this country. in fact the u.s. has imported a foreign criminal class that operates a multibillion-dollar drug trade within our borders. or perhaps more surprising is what's happening in the most violent cities where foreign fugitives dominate the most wanted list. and violence played to detroit to come at just 7% of the dea's fugitives are listed as born in the united states. divisions in new york, new jersey, philadelphia, seattle, and dallas don't list a single american born fugitive on their most wanted list. >> president trump: they're bringing drugs, their brand crime, their rapists, and some i assume are good people. i speak to border guards and they tell us what we are getting and it only makes common sense.

>> tucker: 100-point to the statistics is that drug traffickers are more likely to be from out of the country, foreign criminals also might be more difficult to track down and therefore more likely to remain on most wanted list. that does not change the fact that there is a strong link between lax border enforcement and the black market for drugs. beyond the drug trade, federal fugitives remain disproportionately foreign-born. federal crime statistics show that even though just 13% of america's population is foreign-born, mexican citizens alone make up more than 14% of the entire federal prison population. one of the most disturbing statistics uncovered was that 30 for 6% of the fugitives on the crimes against children most wanted list were born outside of this country. those fugitives include mexican born hugo sanchez and allege serial who plays upon young children, wanted for disturbing child pornography and mexican born jose antonio barroso who

allegedly raped a 5-year-old. none of this is news to ann coulter spent years warning about the crime connection and been reviled for it, fan of president trump, it go after my twitter two days ago about falling approval rating. thanks much for coming on. got a lot of attention, written a book in support of donald trump i say you're supportive of this program. i think what you're saying it was he has not put priorities of his campaign at the top of his priorities list that's a proble problem. >> they seem to be paul ryan's priorities, also just the standard g.o.p. corporatist stuff. what made donald trump stand apart from the crowd and apart from the crowd from every presidential candidate for 20 years was immigration, trade,

infrastructure, building a wall. obviously that was very, very popular a lot of people listen to all this time. i like tax cuts cut, i'd love to have my taxes cut, 50% of people don't even pay taxes i think the bigger problem now is jobs. i will not hold the emperor god responsible for this obamacare lite bill, for pete's sake. am i the last person in america who understands the free market? john spicer was very good today explaining to idiot reporters, getting mandated coverage doesn't mean insurance companies won't cover it it means and won't be required to pay for 15 services more like 50 services that i have no interest in. they're all talking about congress is going to give us these things. congress can give us nothing, the free market can give us

things. they are coming up with the premiums? who would be better to come up with the premiums, he needs to come up with a good premium to compete to get my business. and who has disease specialists and actuarial specialists or politicians in washington. >> tucker: your hearing speaking of politicians in washington, you're hearing some of them and an awful lot of school district officials in montgomery county say there is no connection at all between our immigration policy in this crime that happened last friday and rockville, you're laughing. >> i am, it is just stunning this argument that a lot of things, criminals tell me i had to rape that girl because my mother wouldn't give me a dollar. we can't control whether his mother gave him a dollar. immigration policy is the definition of something we can control, who comes into the country. there are all these americans who wouldn't have dead children,

wouldn't be raped, one to be dead themselves are undergoing facial reconstruction surgery or addicted to heroin but for our immigration policy, it's something we can change, let's change it. it >> tucker: what's interesting is that there seems to be profound misalignment between what the president went on and what the public and leadership stands for. on the speaker of the house website and help me to single them out, we need to encourage legal immigration. that's a real position but it's not really consistent with what the president ran on from what i can tell. >> no, paul ryan was the vice presidential candidate of a losing presidential ticket, i think republicans ought to be moving to trump's position rather than trump moving to their position. i think what congress ought to be doing now, i would like them to pass on obamacare repeal that says there shall be a free market in health insurance that says those of us who are healthy

and able to pay can buy a plan any normal human would want to. start that 80% of the country, then you can get to welfare cases. if you're not going to do that how about they love comprehensive immigration bills. how about a bill with most of what trump wants to do on immigration, he can do because is present of the united states, look at how the courts have reacted. congress will endorse over than drums wants to do, a wall. >> tucker: laws are supposed to come from congress as you know. thanks for joining us. up next to my sources tell fox news their coded student be a smoking gun proving that the president was in fact spied upon by the previous administration. we'll talk about the case with someone who spent two years advising aeo previous president, president clinton, stay tuned. aaaahh!! uh! hooooly mackerel. wow. nice. strength and style.

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thanks to tena, not tonight! only tena overnight underwear ...with its secure barrier system gives you.... ...triple protection from leaks, odor and moisture. tena lets you be you >> it's clear i would be concerned if i was the president that's why i wanted him to know and i felt like i had a duty and obligation to tell him, as you know it, he's been taking a lot of heat in the news media and i think to some degree, there are some things he should look at to see whether in fact he thinks the collection was proper or not. >> tucker: that was house intelligence chairman devin nunes kamil hear more from him tonight at 10:00. there could be a smoking gun, proof that the president was surveilled by the obama administration during the transition and may be more. special counsel to the president and the white house under bill clinton, great to see you.

this is a fascinating story, there's a lot we don't know, we've got to concede that further some things we don't know and there are two tracks. one is the debate over whether the president should have sent that tweet in the first place. okay, but there's a deeper question about is our government spying for political purposes? we know a couple things, here's one we can say for certain outcome of the fbi has not responded apparently to the house intelligence committee's request for documents is their turn to figure out what exactly happened. the fbi want to respond to the house intel which provides oversight my things are out of control, aren't they? >> first of all i disagree with director comey's decision to go public to confirm what the fbi is investigating. it's completely improper, he did it when he disclosed hillary clinton, he was wrong to confirm investigation of contacts with the trump campaign, to be consistent i

think comey is acting improperl improperly. secondly, we ought to be careful about jumping to conclusions. i don't think he meant that literally that barack obama himself was wiretapping trump tower but he should stay off twitter and to be president. it >> tucker: of course i agree with that and i said that to them directly. i think it's a much more important debate to what extent can the u.s. government spy on its own citizens and should they ever be authorizing spying of political opponents? even if it's warranted is a dangerous place to go, liberals used to jump up and down about this. >> completely agree, i'm a civil libertarian and it would be inconsistent if i said it's okay now but it would be okay if it's democrats. there's still only evidence that people were incidentally overheard when a target with a fisa warrant who is an intelligence target such as a russian spy might be talking to

americans. >> tucker: i'm not sure that's true, here's what's dams or owners james rosen is reporting. sent around to a massive intelligence community certain too late to bless against protocol. apparently this investigation did not pertain to the russians it was something else. it was authorized by the obama administration. just knowing those facts, i'm thinking that crossed the line, you can't do that to a political opponents, that's crazy. >> we don't know facts yet. >> tucker: the chairman said the names were not redacted they were unmasked. a >> the chairman should be speaking at all. >> tucker: that may be true, but now that we know that it's not a small thing. >> we only know that he said it, we haven't seen it. i would like to suggest that the chairman whether democratic or republican of an intelligence committee has to be bipartisan or nonpartisan. let's assume that is true, then

that's wrong. we also have to assume that the fisa warrant process which involves russian agents or intelligence who are talking to americans and picked up incidentally, that's completely legal. we don't know that either. >> tucker: two things real quick, we don't know that any of this took place under fives actually, there are other ways they could have done it. >> mr. comey should not have said this but he said that as far as he was concerned, it was not -- >> tucker: something could be legal as you found out and still be wrong, seemingly unethical. if here's the last point i'm going to make. shouldn't liberals defend the principle that the u.s. government should not be spying on its own citizens without really good reason and you should never do it to your political opponents? >> absolutely we have to be consistent but you're using the expression we have evidence that there's been spying on citizens when the only spying that we know about is incidentally picking up an american talking

to a russian agent. >> tucker: it's still spying. >> it's absolutely appropriate if you're looking at a russian agents talking to an american, it gets picked up in that it should definitely be redacted. >> tucker: they pick up everything. coming up next, britain is still reeling from a terrorist attack, will talk to a trump administration official about this country's response to islamic terror abroad. we picked up something dismal about congress today, you need to hear what it is, that's ahea ahead. dearthere's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced, our senses awake, our hearts racing as one.

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>> we are not afraid in our resolve will never waver. what i can confirm is that the man was british-born and that some years ago, he was once investigated by am i five in relation to concerns about violent extremism. a >> tucker: that was parliament just a few hundred feet from where terrorist khalid

masood murdered a police officer in several bystanders. does the administration see any policy applications from meditech which marked casey mcfarland is a deputy national security advisor to the president she joins us from the white house, thinks a lot for out tonight. what are the specific invocations of this attack quits mark >> i think it's pretty obvious, the attacks are growin growing, you can't look away what's happening, there were 68 nations of the anti-isis coalition at the state department, i was moderating the discussion of 68 for the ministers had going around the room, asking what are you seeing in north africa? how has the threat evolved in asia? what are the efforts we are making to shut down terrorists finance, what do you seeing happening with foreign fighters returning from the battlefield? as we were going around the room

talking about it, we got word that there was an attack in london. the foreign secretary in great britain boris johnson who was sitting right next to me turned to him and said very much clear what happened at the world today is getting worse, is not getting any better. he said we have had attacks like this before, we are resolved in the same sentiment, prime minister mae said today that they are not going to be cowed by this and we in the western world to see this as an affront as an attack and we stand united. the good thing about it, there was a 68 member coalition and 68 nations that are standing up, we are going to work together in every way we can to defeat this and destroyed radical islam and to destroy isis and everything that follows. a >> tucker: to the extent that you can reveal it in public, one of the specific steps that you think we haven't

taken before perhaps to address this? >> the trump administration is looking -- it's the whole government. yesterday in the demonstration of symbolism, the secretary of state, and for the national security council, i ran the ministerial, the secretary of defense, secretary mattis was there at the spoke as well and we had all the senior cabinet members there. secretary of treasury, secretary of homeland security, the policy implications are it's an immediate threats, it's something the president is considering, we have secretary mattis given to the president hey, of plan to deal with radical islam but but also isis in the region of iraq and syria. something that president trump understands, it's not going to be sanctions. it's not good to be a little effort in one part of the world it's good to be a broad and comprehensive effort not just for the united states but with our allies and radical islam, threatens not only in the u.s.

homeland but around the world. >> tucker: i have to ask you about susan rice who occupied a job not different from yours, wrote a piece schooled in the trump administration for its misuse of language for in effect lying to the public, what was your response? >> lied to the american public about the threat of radical islam? >> tucker: for using language that was untrue, making flip claims it can't be supported, she schooled the trump administration. >> i'm not sure that scolding anybody makes a whole lot of sense would have a threat like this that just happened in london. there's times for scolding and identifying problems and wringing our hands commits over whether it's north korea or radical islamist threats. the trump administration at president trump himself has made it very clear that were not just going to talk about stuff and identify problems, were actually good to have some solutions. if >> tucker: thank you a lot for joining us tonight. up next, the president and the speaker of the house paul ryan are teaming up now to try and pass the repeal and obamacare

and replace it with something else. will they pulled off? will talk to some of the congressman they've been pressuring to support it after the break, stay tuned. i've been blind since birth. i go through periods where it's hard to sleep at night, and stay awake during the day. learn about non-24 by calling 844-844-2424. or visit my24info.com.

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>> president trump: it's close enough because it's close for politics. everybody knows it's so good, it's only politics because we have a great bill. i think we have a very good chance. >> tucker: president trump and house speaker paul ryan had been pushing hard to get the republican party behind their proposed replacement, they might not manage it, the vote was canceled at the last minute, congressman of arizona has faced heavy pressure to support the bill he joined us tonight, thanks for coming on. are you going to support this bill? >> it looks like it's going in a

better direction, the freedom caucus has prevailed in getting a very critical amendment that will be going on tonight or early in the morning. only time will tell. i remain undeclared so that we maximize our capability to influence the bill in the right direction up to the very end. i have to leave it there but i will tell you, i'm just grateful for the freedom caucus and their willingness to go at it as long as they have. some people call it acrimony but it's just creative tension and it makes things happen sometimes and you wish it would be easier but it isn't. >> tucker: what are the knocks against obamacare and i certainly thought it was legitimate that there was no real public debate about what was in it, famously you had to vote for it before you found out what was in it and that's not a good way to make law that applies to the entire country but that's how the law is being made here, do you see the irony? >> the truth is this has been far more -- i was there when obamacare was past seven years ago, i lost my voice trying to

fight obamacare. there was no openness, no amendments allowed, nothing. the leadership has allowed open discussion and the president has been more involved in more hands-on than any president i've seen in history and my 15 years in congress. i'm impressed with some of the things that happened, i wish the bill could be better. here's the untold story and it's hard to articulate but it's so true and i challenge the media to understand this better. we were having to put this to the byrd rule in the senate for one reason. the senate rules won't allow it to bring it to the floor, even bring it to the floor of the senate under regular order. we can't get the people involved in the debate and we have no real leverage against democrats that would -- >> tucker: i understand that and you're being blocked at every turn, it does remind me of one of those dreams you have racial at school and you forgot to study. seven years to think through what you should replace obamacare and literally the details are not settled now and the vote as a supposedly tomorrow. >> that's not quite true.

we had a motion to commit, recommit the bill the very day that it passed, we had an republican alternative and we've had several bills past several years that i've signed onto, dr. price is a bill. we've had alternatives but none of them will fit through the byrd rule. it's trying to shove a camel through a keyhole, he's a little worse for wear on the other sid side. the truth is we only have four ways to pass a bill, we have to repeal the laws of mathematics or we have to get eight democrat senators to vote with us which is harder to repeal the laws of mathematics or we have to change the senate rule or at least we should change the first filibuster or we have to run it through reconciliation and at this byrd rule. it makes it so a possible and there's no accountability that puts paul ryan and the impossible position of trying to struggle and do what his base wants him to do but what the rules will not allow him to do.

>> tucker: he is in a tough -- i agree with you there. good luck. up next, if you notice congress is working on the health care bill but what about the immigration bill? not a coincidence, will tell you what exactly is going on, stay tuned. if you have moderate to severe rheumatoid arthritis like me, and you're talking to your rheumatologist about a medication... ...this is humira. this is humira helping to relieve my pain... ...and protect my joints from further damage. humira has been clinically studied for over 18 years. humira works by targeting and helping to... ...block a specific source... ...of inflammation that contributes to ra symptoms. it's proven to help relieve pain and... ...stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure.

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>> tucker: all eyes are on the houses obamacare replacement bill tonight. members were supposed to vote on it earlier, that was the plan but then it got delayed presumably because there aren't enough votes for it. every news outlet in america is covering this of course, the drama of it, but that coverage is obscuring a deeper truth about what's going on capitol hill, and was not going on on capitol hill. not much is happening there. the g.o.p. majority might not even bother to introduce a serious immigration bill this year. think about that. president trump ran on a promise to control the border and reform

the immigration system to reflect the interest of middle-class americans not just of big employers in the donor class. he won the november election because of that position. to fulfill that promise, the president needs help of congress and they will have to move fast. republicans control both chambers as of today, there's no guarantee two years from now. if you look around there is no urgency at all. pick three senate staffers at random and ask them if an immigration bill is coming anytime soon. they may look at the floor, shift their feet, what they won't say is yes because they know a meaningful immigration bill may not be coming at why would it? many republican senators prefer mass immigration. the people who fund their campaigns profit from us their family and friends don't see a downside, there is affected by a chaotic public schools are filthy emergency rooms. there is not incentive to change the status quo, there are risks, social ones. votes for real borders, you might have to endure being called a racist by some

27-year-old blogger edibles feed, it's terrifying to members of the senate. if he wants to make good on his promise, there's only one way to do that, in fear. it's the most primal of all emotions and it's the most effective motivator known to politics. at the president wants an immigration bill, the white house are to present its plan a real plan with details, explain what it does, why it works, how it will make the american middle class is stronger than it already is and wheeled the stick. make it plain that if republican members of congress won't back that bill, the white house will support primary efforts by those who will back the bill and that will work. nothing else will. that's it for us tonight, tune in every night at nine into the show that's a sworn enemy of lying, pomposity, smugness, and groupthink. don't forget to dvr it if you don't already, sean hannity up next, that promises to be a fascination with german devin nunes on it, have a great night, we'll see you tomorrow.

♪ >> sean: thanks, welcome to "hannity," this is a fox news alert. house intelligence committee chairman, monica crowley, lou dobbs will all be here in just a few minutes. tonight james rosen is reporting that sources are now telling fox news that there is potentially a smoking gun that proves the obama administration spied on the trump team. but first, a vote to repeal and replace obamacare in the house of representatives has now been postponed until tomorrow, we know there's a lot of anger, a lot of frustration in washington around the country. unless we learn from the past, we are doomed to repeat it. right here on this program, i have promised you that i will