on this tomorrow. thanks for being with us. we will always be fair and balanced. we will see you back here tomorrow night.

and other places where you get

generations of the electorate that has the candidate taken away and resenting and not accepting the lejetimacy. it was russia closing in on me in washington versus you the people and that's how we set it up. and he's very good at this. and i want to take away the victory you won, meaning the people of west virginia and michigan and wisconsin. i think we should be treading very carefully here. you are sort of sleepwalking into this. when you appoint a prosecutor, you start with white water and end up with a blue dress eight years later. show me the crime i am open to evidence if they show it and maybe it ought to be prosecuted. and it is now closing in and

very dangerous. i don't think people appreciate how dangerous it is for the stability of the democracy of the world. >> we have a trulying ruling class. more news today in the unending probe of russian involvement. according to the leaks and sources. special counsel robert mueller empanelled a grand jury. and johnathon truly is professor of university law school. professor, how big is this? >> it is a new stage. the grand jury is a powerful tool of a prosecutor and does two things investigates potential crime and decides whether to indict. the investigation part is a heavy tool for the prosecutors to use. you pool in witnesses and document and put people under

oath and if they say something misleading or false you have leverage over them. it is a significant move and it is hard to look at it as good news. it is it like being in a castle and watching your neighbor bottoming cataputs. you will see a lot of people brought in the grand jury and will have to go on the record. we have had a problem with the consistent narrative and this is where the stakes go high and people need to maintain and be clear about it and when they don't know. they need to say they don't know. >> i am thinking a grand jury to aid an investigation of russian collusion. and here is the lead of the cnn story on this. i suspect they have good sources

to put it mildly. federal investigators exploring where they have trumps colluding. and seized on it as a fertile avenue to move it forward. the web of financial ties could offer a concrete path for prosecution in the campaign. >> they are saying, we'll not get him on the collusion stuff and so we will look at his finances and associates in russia. can you do that? >> you can. the special counsel was given a broad man date from rosen stein and it was very, very general. and like the epa would do, and they are connected to a larger pool and you do the same thing here. and as long as these crimes were discovered.

the special counsel can investigate them. we never had a president with the type of transactional type of portfolio and they find a legality it could be a serious problem. >> if anyone has a financial transobjection or buys a sandwich and diet coke will face a problem because it is it a sketchy country. what would be the justification for a man date this broad that can include anything. i was surprised by the man date. it referred to possible russian tampering and put in the extra language and proceeding with anything that arises out of the investigation. you can't have anything broader than that. and special counsel is like a gas in a cold room. this is it a very large room and

you have mueller who recently brought in a guy whose whole resume is financial fraud. he's not about elections or comblg. he's about pursuing familiar fraud and he's good at it. and you have 16 people and a special counsel armed to look at financial fraud and i think they are going to look into all of these transactions. amazing that we are here. we will bring the developments of the man later in the hour.

meanwhile, the party and justice that republicans outnumber democrats 2- 1 in the governor's mansion and democrats have a message to win back voters. just like trump's agenda. and we'll sit down with the attorney general for part- four. stay tuned. you always pay your insurance on time. tap one little bumper and up go your rates. what good is having insurance if you get punished for using it? for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. liberty mutual insurance.

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tell you in west virginia i can't help you i am tell you in west virginia i can't help you cleared so tomorrow i will be changing my registration to republican. [cheers and applause] >> tucker: that was the president and the governor of west virginia, jim justice at tonight's rally in huntington, west virginia. thanks to justice's defection to the republican party there are twice as many republican governors as there are democratic governors. 34 held by republicans, democrats 15 and a governor allied independent. the party might need a new message. do they and if so what is it daniel is a democratic strategist. thanks for coming on. >> great. how are you tonight? >> tucker: i'm great.

also a little confused. a lot of smart -- the mart supreme have said we need an economic message. this is ridiculous. you can't just win on identity politics and transgender bathrooms. you need to talk to people about things they care about. chuck schumer the lead democrat in the senate sent out basically an overview of a better deal. this is the plan. i want to put it up on the screen for our viewers. you are familiar with it here are the bullet points. stop trade cheating and market manipulation. tax companies that ship jobs oversea. crack down on. independent trade board to prosecute unfair trade patropractices. buy american. i guess i could go on. it's got everything but build a wall and make mexico pay for it that's trump's platform from the 16 election, isn't it. >> it is but it's also what democrats have been talking about not only in 2016 and 2012, even obama actually called china a currency minuter when he was campaigning in 2008. i think the democrats have

been talking about this for a while but they haven't been using mega phone or directing megaphone on american messages on trade and american jobs. seen the effect it's had on voters the success that trump has seen the fact that this is a message that resonates and i think they are recalibrating and focusing back on the economy. james cobble said it when he was part of the clinton team in the 90's. it's the economy, stupid. >> tucker: that's true. i think that's smart and i'm glad they are doing it i'm not very partisan. i want to see good things happen for the country and i think some of these are smart. let's be honest these are not democratic voters and not ever going to be democratic voters again because the democratic leadership doesn't like them. when you look at governor justice switching parties oh, wait a second, i hate to say it but true but just demographically that guy has no place in your party. veries who tovery as till to pee that. >> i think that's a little bit unfair. go back to the clinton

example. very democratic back in the 1990s. bill clinton incredible inroads in the south. >> tucker: yes. >> the problem with the democratic party is they have tried to build a big tent but they have lost their core messages. they have to go back, i think, to simple messages that cut a across all identities and messages. making sure the democrats are the people who do care about securing rights for, you know, people who are in same sex marriages. they are the party that care about the environment. the core still has to be economic message. what schumer is doing starting to redirect the party in that way. >> tucker: wait a second. when you say clinton, you mean bill clinton and you are absolutely right. but his wife took the opposite tact and she lectured people in west virginia and downstate illinois and wisconsin and basically the whole middle of the country and co accused them of having something called white privilege and scolded them. a lot of people are out of work and kids addicted to

oxycontin. white privilege? what are you talking about? you can't talk that way and win people's votes because you are saying clearly i hate you which she does. >> clearly hillary clinton doesn't hate a single american. she dedicated her professional life to helping americans. that's unfair. >> tucker: really? i thought she was unfair by what she said? what did she mean by that tell people they are more privileged than the people in the united states? you can see how people would be offended. she said that a bunch of times. why would they like that. >> racial construct in this country where african-americans have had a long history of being discriminated against. we had slavery in this country. talking about historic imbalances. >> tucker: look, and i agree with all of that. she is talking to living people who had no role in anything who actually are the victims of economic injustice themselves and she is attacking them for something they didn't do. so like that's very down putting. >> i disagree with your hillary clinton. hillary clinton like many other democrats even

president obama worked really hard for the american worker. one example can i give you is the kinds of things that trump is saying on unfair trade practices with china. the obama administration did an enormous amount to help the american worker and protect american manufacturing jobs. taking china. >> tucker: it didn't work very well. >> it's a process, tucker, isn't it? and we have come a long way. >> tucker: look. >> i'm on your side on that stuff. i just think the cultural stuff is a big barrier. if people think you hate them they can't hear you. we are out of time. good luck with that we have a fox news alert. update from l.a. we showed you pictures of the flash floods that have hit. they're bad. a man was caught in his pickup truck. he has climbed out of the passenger window. he went back to the truck and grabbed a skateboard before jumping onto the roof of the vehicle. he appears to be getting rescued by a helicopter. you can see the power lines on the front of your screen. it is going to be a tight maneuver there oh, there is already someone lowered down. okay. we're going to keep you

updated on this. as it unfolds. it's not even clear where in l.a. that is but there is an awful lot of water. i guess is he being connected to the harness right there. not clear, again, where that is or how he wound up there. but that is enough water to make it pretty dangerous. there he is. giving the signal to ascend. yeah. looks to be pretty close to those power lines. helicopter far above. that appears to be a much more rural part of los angeles county. it's a huge county.

if you are just joining us. you probably already connected the dots. there has been flash flooding in l.a. and that man was picked up and dropped off on dry land. he is safe. all right. we'll bring you more updates from l.a. if we get them. meanwhile, cnn's jim acosta and chris cuomo are in a race to see who can deliver the more fiery editorial. weird since they are both hardened news men. we will bring you the latest in just a people would ask me in different countries that we traveled, what is your nationality and i would always answer hispanic. so when i got my ancestry dna results it was a shocker. i'm everything. i'm from all nations. i would look at forms now and wonder what do i mark? because i'm everything. and i marked other. discover the story only your dna can tell. order your kit now at ancestrydna.com.

>> tucker: cnn jim acosta embarrassed himself in public yesterday when he used his position as a white house correspondent to try to lecture steven miller at the white house about how american immigration law ought to be dictated by 100 word, 130-year-old poem. acosta is not the only reporter who has given himself over to full blown editorializing over there. today anchor chris cuomo posted this on facebook. we can't get enough. watch. >> immigration proposal embraced by the white house, would you make the cut, your ancestors? did they speak english? did they make enough money to pay for their healthcare were they high skilled laborers? do you agree with steven miller the policy advisor for the president who says that m.l. lazarus the poem promise signature of this country for so many generations were just words that were added later?

somehow separate from what the statue of liberty represents? are we no longer about the desperate who are yearning to be free? it's a fundamental question about who we are. >> tucker: yep, that's journalism. the question is how can would he be disgusting policy at a time like this? u.s. citizens, economic growth, welfare dependency basic facts, they all melt away into a irrelevant because we have poetry classes to teach here. of course, acosta wasn't going to let himself be overshadowed by any of this. last night he went on wolf blitzer to deliver a lengthy screed against trump's immigration policy. look at. this i think at times this white house has unhealthy fixation on mexicans, muslims, and the mainstream med. their policies tend to be crafted around bashing one of those three groups and we just see it time and again. and today on immigration, what the white house is essentially saying in a wink and dog whistle to some of these battleground states

that they won is that immigrants coming in from latin america are taking your jobs. well, if immigration is not the reason why the factory closed in pittsburgh or the coal mine was shut down in west virginia, the people who are struggling in those states, they need policies that will help get them out of this mess that they have been in for a generation where a lot of communities have been left behind. >> tucker: must love the local news boys live at 11, wolf. and, of course, the editorial, endless. another report at cnn, director for immigration studies joins us now. do you think that chris cuomo thing you felt like he really worried about being deported. what was that about? >> i have no idea. what it is is this legislation that actually modestly reduce immigration by 40%. >> it's a lot but not that much, it violates a taboo, i think that's what this is. in other words, it's almost a religious den net tenet

immigration can always go up. it can never go down. >> tucker: neither of these guys and neither one knows anything about the topic, obviously, they are wholly ignorant. they are just news readers. they don't attempt to address the subject of it, policy of it it's racist. why that reaction? because it's, as you said violating -- >> -- violating a taboo. the interesting thing about acosta reading or reading off his phone the m.l. lazarus poem which was a fundraising poem raised it to raise money for the pedestal of the statue of liberty. 1986 was the centennial, remember, of the statue of liberty. president reagan went down there and gave a speech there was a big fireworks show and tall ships and all that stuff. 186 do you know how many legal immigrants we took? about 600,000 which is pretty much what this cotton/purdue legislation would take our immigration to. so were we unamerican in 1986 when we were celebrating the centennial

of the statue of liberty? >> tucker: you can track pretty easily. i don't think there is necessarily a pure correlation, but you can track the rise of cheap immigrant labor to the decline of the fortunes of the middle class. >> it certainly has overland. >> tucker: for sure. >> a lot of things going to be responsible for less skilled workers, especially as well as middle class workers seeing stagnation or even drop in their wages, globalization. there is a lot of things going on. immigration not only contributes to it. it clearly is contributing to it. but also, it's making it worse. in other words, if things are bad. if we have, for instance, the highest percentage of our working age population, that isn't working, not even looking for work, why -- how is it helping things to import more people from abroad. >> tucker: when the democratic party represented the middle class, people like barbara jordan would make that point a lot. they weren't racist, obviously, but they cared about working people. now, i watch these guys and they are basically making a case on behalf of their own

privileged class and all their neighbors who enjoy cheap household labor. and they don't even care about the effects on the rest of the country. >> it really shows how radicalized the democratic party has become. i'm glad you mentioned barbara jordan, civil rights icon, first black woman elected to congress from the south. she was a chairman of an immigration commission, 20-plus years ago and basically every recommendation that report that her commission issued is reflected in the legislation that was just unveiled this week. so, you know, was barbara jordan a white nationalist? i mean, it's silly because they are not engaging in argument. it's just a kind of knee jerk emotional reaction. >> tucker: but i mean if you have got a television show, i think you owe your viewers a little deeper -- can you reach a separate conclusion, maybe you don't agree to. weigh in on something you know literally nothing about to have your ignorance exposed and not be embarrassed about it and

keep doing it, it is shameless. >> it is shameless. it's a really positive outcome of this legislation. in other words, the very fact that the president highlighted this bill, that senator cotton and purdue wrote has forced a debate on this issue and really has kind of flushed out some of these people like acosta and others. i think it's actually quite useful. because, remember, back when there was that gang of 8 bill. this was 2013 now, the thing mccain and other people were pushing. that bill would have doubled legal immigration. instead of cutting it, would have doubled it. but none of the supporters ever talked about it. they made sure they never mentioned it. they never made a case for it. they never said this is why this is good. no reporter ever asked them. >> tucker: no. >> so the if this bill, that was just introduced this week does nothing else. >> tucker: yep. >> it's going to make people address that issue. >> tucker: let's have the debate and if you think we should have unlimited immigration explain why. mark, thank you. >> thank you, tucker. >> tucker: how does attorney

general jeff sessions view the ms-13 threat? what's his plan for defeating it? we'll interview sessions next in the latest installment of our series hunting ms-13.

>> we are taking the fight to the drug smugglers, human traffickers, and the vile criminal cartels like ms-13, who are being thrown out of our country so quickly you can't even count. [cheers and applause] >> tucker: that was the president tonight in huntington, west virginia, pledging to destroy the gang ms-13. during our recent trip to seaferlsalvadorian we were accompanied by jeff sessions he has been leading the ms-13 effort. he was at the same detention center we did and met many of the people. toward the end of that visit we sat down with him to hear his thoughts. we spoke to him by the

national police headquarters statue where the police march every ms-13 they capture. tonight part four of week long series "hunt guilty ms-13." mr. attorney general, how can the united states prevent ms-13 gang members from going north into the u.s.? >> well, we need the wall. we need better enforcement at the border. and we need to be able to deport people rapidly who enter the country illegally. and we have to end this policy of taking unaccompanied minors. some of which include ms-13 members and turning them over to the department of health and human services and then they take them to their destination city. so they say what city they want to go to, whether it's new york or houston or los angeles and we take them there. and turn them over to sometimes the gang members, sometimes relatives who have very little control over these young people and they begin -- they are drawn into the gang. so this is a very bad and dangerous policy and it can

be ended and 'it must be ended. >> tucker: why would dedo that and how do we end it? >> it's part of the previous administration's policies that i opposed forever years. it made no sense to me because what you're doing is sending a message to the gangs in el salvador and other young people in el salvador. if you come up as a teenager, a young teenager and you don't have parents with you, you turn yourself in to the united states officials, they will take you to the city that you would like to go to. even though you are illegally entering the country. it makes no sense whatsoever. this kind of insanity is the reason we have lost control of the border. there are a lot of other examples just as stupid. and we need to end it and we can end it. once the message gets out to the entire world that you will not be successful coming illegally, the only way to get to the united states is to apply, wait

your turn, then people will start doing it. as long as they are successful in entering unlawfully in this fashion, they will keep doing it. >> tucker: a number of people would very spoken to including a former ms-13 gang member said mexico is a huge problem. once they get from venezuela it mexico they are assured in to the united states. >> they are helping some. they don't see it as their problem primarily. they are entering our country illegally. the president has said we are going to end this. president trump has said we're not going to allow this lawlessness to continue. homeland security department, the department of justice and other agencies are really making progress. we have reduced the illegal flow by 50%. but we're not going to end there. we need to eliminate illegality in our immigration system. and create a lawful system that serves our national interests that we can be proud of and that we, as a

great nation, that serves the interest of our nation. >> tucker: so you served in the congress for a long time. if you could describe a single law that congress could pass to help fix this problem, which is a real problem, what would it be? >> well, one of the things that we need to do you are asking some of these specific laws that would make a difference. >> tucker: yes. >> this catch and release policy. this idea that you can enter the country illegally and that somehow you can just say a few words or you can be be an unaccompanied minor and you are taken to the city you want to go is so ridiculous. that's the kind of thing that we ought to be able to eliminate by law. congress has steadfastly failed to close these loopholes. i used to say and still do, frankly, you can get almost any law on immigration passed as long as it doesn't work. when you propose a law that will actually make a difference and will actually crack down and make it harder for people to enter illegally, it seems that

there is a forces arise and it can never quite get passed. >> tucker: i have noticed. last question. what are those forces? >> well, big business forces. there are activists forces. there are liberal, democratic, ideological forces that seem to think that anybody that comes to america, even if they come illegally should be welcomed and should never be deported. it seems to be this idea if you can get across the border, and get to albuquerque or houston, texas, it's immoral to return somebody to their home country. this can't possibly be the law. you enter the country illegally, you are apprehended not on the border but 100 miles in the border, or 500 miles, then you should be deported. otherwise, your capitulating to lawlessness. >> tucker: the attorney general of the united states. tomorrow is the final installment of our week long series. what's the full scope of the situation in el salvador and how are the effects of the

ms-13 gang war being felt here in the united states. how can we fix that? we spoke to the fbi about all of those questions and we will show it to you tomorrow night. next up, is the latest and perhaps most stunning leaks of the trump administration, the most troubling for sure. transcripts of the president's private phone calls with foreign leaders have been leaks to the press. what do they mean? for him and future presidents? we will bring you the latest. stay tuned. ♪ ♪ ♪

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>> tucker: the transcripts of phone calls between president trump and with it world leaders have been leaked and published in the "the washington post." this morning the post printed the entire transcripts of the president's private phone calls with malcolm turnbull

as well as the mexican president. it's a big deal. we are joined by fox chief national correspondent ed henry. >> i mean, look, this is a threat to national security. this is leaking out what the president is talking about in private phone calls with world leaders and it's being used to attack him immediately and say look, he is a bad negotiator. he is not doing a good job behind the scenes. people are nitpicking every last word of these transcripts. let's go through a couple of them. in the call with the mexican president, for example, the president spent a lot off time saying you can't keep saying that you won't pay for the wall. we are both in a little bit of a political bind because i have to have mexico pay for the wall. i have to. we should both say we will work it out as opposed to you saying we will not pay and me saying we will not pay. believe it or not, this is the least important thing that we're talking about. but politically this might be the most important to talk about. then the president was talking about trade. he talked about the scourge of drugs coming across the border. and when he was talking about drugs and the opioid

crisis here he said, quote, i won new hampshire because new hampshire is a drug infested den. obviously some brutal talk but it's reflecting reality in general about what's happening in this country. it's one reason why a lot of voters who elected donald trump feel like he talks plain, tucker, and says it like it is. the governor of new hampshire obviously is protecting his state is out there today saying this is outrageous you shouldn't be saying. this but new hampshire someone of the states that's been hardest hit. the president was saying that in the phone call. he also said at one point we don't have to worry about canada. the kind of thing you might say privately when you are talking to mexico. >> tucker: will anybody ever call the united states again. what is the effect? i have never seen anything like this. >> unprecedented for any democratic or republican administration. i have got to say when i said i was coming on the program in twitter. the biggest reaction i got on social media is some of our viewers saying i don't care about this nonsense. it doesn't do anything to help me pay, you know, the rent, the mortgage. it doesn't do anything about jobs. this is just basically more

leaks in washington that's trying to make the president look bad. quickly on australia, his call with the australian prime minister, you had the president back in february complaining about a refugee deal and saying i can't do this. i can't do this. so, look, this is meant to embarrass him. that's what these leaks are doing. >> tucker: it hurts the country. that's the problem with this. ed, thank you for that. >> i'm coming back at 11:00 by the way. >> tucker: good to see you. the trump administration racist of course after leaked documents suggest the justice department might be interested in investigating discrimination in university admissions but one asian civil rights group says the administration has the right idea. lee change is with the asian american legal foundation. he joins us tonight. lee, thanks a lot for coming on. so, would you be happy, there is massive discrimination against asian applicants to colleges as you're aware. it's not up for debate. the numbers are public. would you be happy to seat u.s. government crack down and enforce its own laws against discrimination. >> tucker, thanks so much for having me on. this is literally a topic

that i have been thinking about and working on since i was in eighth grade. it means more to me now that i'm the father of three young children who will be applying to college in the next 15 to 20 years. you know, i would absolutely and i think every member of our organization would be very happy for this long overdue dedication to true civil rights by the department of justice. it's an salute shame and travesty that previous administrations and individuals within the civil rights group of the doj saw fit to ignore well documented complaints of individual and system nic descrings discrimination against asian americans at ivy universities and colleges. it's very clear that the colleges know that the actual admissions records will demonstrate what they have been doing, will just reveal to everybody the extent and scope of the very, very shameful and blatantly illegal discrimination against individuals of asian dissent.

they chose to cover up and white wash all of these complaints over the years because of their ideological dedication to a certain view of civil rights where equality of outcomes is, in fact, what they view as equality rather than quality of opportunity. this is something that our organization has been waiting for for literally decades and we're grateful to see that someone in doj, in the administration is finally going to take some action. >> tucker: what do you call it when someone is penalized solely because of his race? you're the wrong color, you're the wrong ethnicity and we are going to hurt you because of that. we have a name for that i can't remember what it is. do you remember? oh, racism. >> really nothing but blatant racism. there are some folks who have used. they have actually very wrongfully used -- they try to great euphemism like reverse racism and reverse discrimination. >> tucker: what does that even mean. >> it doesn't really make any sense.

there is only discrimination. if someone is discriminated because of their skin color. it doesn't even apply against asian americans. asian americans have really been nothing but the receiving end of discrimination for the last 150 years in the united states from the gold field days to the chinese inclusion act to in the modern era, really it's discrimination school admissions in the uc system and at my high school in san francisco a little high school where i first encountered this issue when as an eighth grader applying to a public high school in san francisco i was required to score higher and get a higher gpa simply because i was chinese. >> tucker: it's universal, all kids know it you should be judged for what you do the choices you make and not be punished for the choices other people made, of course. lee, god speed, we're rooting for you. come back any time. >> thank you so much,

>> tucker: that's it for us tonight, you can come back tomorrow at 8:00 to the show that's the sworn enemy of lying, pomposity, smugness, and groupthink. aioioion of this show is at 11:00. "the five" right now. ♪ >> dana: i'm dana perino along with kimberly guilfoyle, juan williams, jesse watters is back. this is "the five" ." president trump fired up a crowd in west virginia tonight after news broke special counsel robert mueller impaneled a grand jury, it's part of his investigation into whether the trump team coordinated with russia to influence our electio election. here he was with response this evening. >> the russia story is a total fabrication. it's jus