we'll be back here next sunday, 11 eastern. hope to see you then with the latest buzz. eric: we begin with a fox news alert as the president's attorney issued a new threat to the mueller investigation. he says if the special counsel tries some subpoena the president it will result in a legal battle in court. arthel: rudy giuliani issuing that warning after a lengthy letter from the trump legal team. president trump's attorneys outline why he should not be subpoenaed.

>> no matter who the layers, the president want to testify. i know a lot of people don't believe that. it's a true position. he believes he's innocent. i believe he's innocent. he believes if he gets the chance to explain it people will understand no collusion with the russians, no obstruction of justice. arthel: ellison barber is live at the white house. reporter: the letter is dated january 9, 2018. that was before rudy giuliani joined the legal team. but he says the legal arguments tonight are strong. and he says he's not keen about a sit-down between the president and robert mueller. >> i want to keep an open mind. i am leaning toward not. but look, if they can convince us that it will be brief or to

the point, there are five or six points they need to clarify and with that we can get the nightmare for the american public over. reporter: in the memo they argue an in-person interview between president trump and robert mueller is not necessary because they already have answer the answers in the documents they were give be. they argue the president's actions could not be obstruction because he has the constitutional and legal authority to end the russia probe. giuliani says constitutionally he could do it but it wouldn't be a very great idea. >> if he terminated an investigation of himself -- reporter: the "new york times" first reported on, sekulow and dowd talk about the document the pegs counsel already has.

your office has already been given access to conversations with the president himself. giuliani says he wants to see all the documents related to the fbi informant before he would consider or be open to the president sitting down with the. arthel: the latest from ellison barber. thank you. eric: alex, is rudy right or wrong on the law? >> the letter is not particularly persuasive as a matter of law. this is an attempt to slow things down. they sent it back in january. they managed to slow down the process. we are in the first of june. but telling a prosecutor you don't need this information is not going to be very effective.

the prosecutor is asking for it because they believe they need it. they will decide to do it or not and there will be a subpoena or not. at that point i suspect if you believe rudy giui i will go to court. i believe the president plays a special role in the hierarchy of the federal government. he hold the executive power individually. the difficult part is there are particular ways he has to effectuate power. he has a special counsel. he can't essentially enforce actions unless he goes through the constitutionally appointed officers. i think that's a real problem. if rosenstein says yes you can do this special counsel and issue that subpoena, he's under the constitution authorized to do that. arthel: rudthat.they will --

eric: rudy says it will go to court. they claim every action the president took was taken with full constitutional authority with respect to article 2 of the u.s. constitution. as such these actions cannot constitute obstruction whether viewed separately or as a totality. are they right? >> that goes back to the nixonian idea that what the president does can't be illegal. >> that's where the argument leads. there are arguments to the president's power. he can't obstruct an investigation into himself. eric: can he pardon himself? >> the issue is whether he can

be indicted. if he's not re-elected could he be re-elected under the next president? eric: the courts already ruled on that, in clinton versus jones. so do you think that will be litigated. that type of language? do you think that broadens out to a potential criminal case? >> this is a new case that will present a new question whether a president has to. there were similar issues with respect to the nixon investigation. but the courts aren't well equipped to deal with that. that's where congress has to step in. what does the president have to do to uphold justice. if congress doesn't act, there

is not much we the people can do about it. eric: president nixon was subpoenaed for the watergate tapes. here is another paragraph. the president's prime function as the chief executive ought not be hampered. having him testify demeans the office of the president. does the demean argument go any place with you? >> not with this president. if you look at his twitter feed since january he has done a pretty good job himself of demeaning the office. that was a good argument with george w. bush or george h.w. bush. eric: a lot of people will howl over that comment saying he's demeaning the office. >> there is litigation about the

president's tweets with respect to the travel bans where he has run into trouble in the courts about what he said publicly. it's indisputable that the way he speaks to the public differently and the way he pardoned people last week. they may be permissible, but for his lawyers to say gosh this is a solemn office and we have to protect his time because he's doing important things with his time, that doesn't become credible. ultimately i think at some point mueller will have to decide whether he pulls the trigger on a federal grand jury subpoena. he would much rather sit down with the president. he knows that will invoke most of likely a court battle. if he does it the president would have to respond or choose not to respond. that would be litigated all the way up to the supreme court.

eric: what do you think about rudy giuliani saying the president wants to testify? >> i think he does. when you watch the press talk about the relationship between the president and his lawyers. he has a different view. he wants to get out there and explain that. they are worried about what he would say. he's a president who uses hyperbole and is not always clear about what he's saying. if you do that, you risk trouble. thrieght fbi is a crime rather under oath or in your living room. arthel: president trump confirming the summit with kim jong-un june 12 is back on the agenda after receiving a letter

from kim himself hand delivered by the north korean former spy chief friday. here is former house speaker newt grateful we are talking rather than getting ready to go to war and i think it president wants it to work if it possibly can. arthel: molly, what can you tell us? >> it's back on. but don't expect it to be smooth sailing according to james mattis. he was in singapore preparing for the june 12 meeting. here is more from trump administration officials on that upcoming nuclear weapons summit.

>> we can anticipate at best a bumpy road to the negotiations. as defense ministers we must maintain a strong collaborative stance and we enable our diplomats to negotiate from a calm position of strength. >> the key point is we are sitting down. the second key point is the president has been bolder on this and korea and world trade than any other recent president. reporter: president trump met with kim yong chol at the white house. at that time the meeting was off. but they spoke in the oval office and chol presented a letter from kim jong-un. after that meeting the president announced the meeting was back on. lifting sanctions on north korea may take some time.

>> i'm glad they shall talking and glad they are meeting. but don't let the pressure up until we get verifiable results. anything other than that will weaken our position a strengthen them and we know what history of that regime is. reporter: there have been published reports that north korea wants u.s. to pay for a fancy hotel room. the u.s. says they are -- north korea says they are not asking the u.s. to pay for a hotel room for them or others. arthel: how did the on again-off

again summit. apparently kim made no concessions in that letter. what was it? >> he said he didn't read the letter before he came out to speak with reporters. he said it was interesting, but then said he ld not yet read it yet. but we expect the president got a debrief on what was inside that letter. whatever it was was something that made him move from saying no to saying yes. we know president trump always wanted to go to the summit. but the white house felt like the behavior from north korea and the rhetoric that was inflammatory was a bridge too far. president trump was looking to get back to a yes and we saw that happen friday. >> the summit its going to happen. it stand to be more optics and less substance. known while, are you getting any indication from the administration on what their

face-to-face will be about? >> now the white house is saying it will be a meet and greet. which is sort of lowering the bar. if you recall president trump said he expected it to be a big success. the administration said they hoped what would come out of this would be a nuclear deal. now, you see them sort of walking back from that and saying this is again just a first meeting. president trump says he expects there to be more summits after this to get to that point. i have been asking the white house, what does success look like coming out of the summit. we heard larry kudlow saying this is a first step. arthel: clearly the president its willing to give this some time to play out. has the administration given you

a sense of how long they will give kim jong-un to comply with u.s. dough manned of complete and verifiable denuclearization? >> the white house is not a fan of putting out timetables. they don't like to show their hand. president trump said he told them to take as much time they need on this. how much time exactly they would have is unknown at this point, saying this is just a first meeting and they expect there to be more. arthel: there has been a lot of back and forth leading up to this summit and misfirings over what exactly is expected at this point versus down the line. do you think that's a deliberate or diplomatic plan in disarray? >> president trump seems to be at this point deliberately saying okay, we'll have to have more than one so people don't come out of the summit saying he didn't succeed in any way.

he's making it very clear that the white house does not expect a deal, a fully formed deal coming out of the summit. i have asked white house officials what they do expect coming out of the summit and that has not been made clear. i suspect we'll get more information on that as we get closer to the singapore summit. >> i will be in singapore. we don't expect one of those joint press conferences we have seen with president trump and other world leaders. i think we are hopeful that we'll at least have some access to senior administration officials like john bolton to brief us and opportunities to talk to president trump. we saw friday after he got done speaking with north korean officials, the first thing he did was walk to the press and

give them a readout. arthel: i know you will be working hard. hope you get a chance to eat some great food over there. love singapo. eric: there are concerns about a possible serial killer in the southwest. as police link the murder of three people and what investigators are saying about a fourth murder that took place 48 hours ago. there is backlash over the *'s tariffs. >> it's very important, he's a trade reformer. at the end of the day he would love to see free trade. but these barriers have to be swept away. athon. it's a series of smart choices. and when you replace one meal or snack a day with glucerna made with carbsteady to help minimize blood sugar spikes you can really feel it. glucerna. everyday progress.

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eric: two hurricane, in yosemite national park fell to their death as they were scaling el cap and. the two men were pronounced dead at the scene. they fell approximately 1,000 feet. arthel: the white house said

it's moving ford with a plan to implement steep tariffs on steel and aluminum imports. peter navarro defending the president's decisions earlier today on "sunday morning futures." >> all the president is doing is defending this country's national security sovereignty and economic security from those flood of imports. what we expect is our allies, friends, partners to understand two things. one, we have the right to do that in the interest of national security, and two they need to look in the mirror at their own unfair trade practices. arthel: garrett is live from our news bureau. >> this time around there was not the same sense of optimism

we saw after the meetings in d.c. the -- china released a statemet warning the u.s. that any deals they reach will be canceled if the white house moves ahead to impose tariffs on chinese high-tech goods. the allies are threatening retaliatory around rivers over the tariffs on steel and aluminum. >> the idea that the canadian steel in military vehicles in the united states, canadian aluminum that makes your fighter jets is somehow now a threat. the idea that we are somehow a national security threat to the united states is quite frankly

insulting and unacceptable. reporter: the administration argued this is about saving the nation's steel and aluminum industry. he said it's possible these new tariffs could actually hurt the u.s. economy. >> i don't deny that. you have to keep an eye on it. >> it could jeopardize it? >> it could. it's possible. i don't think it has right now. reporter: they argue these are about opening the door to negotiations about a more fair trade relationship with our allies. those allies are challenging u.s. actions at the world trade organization as well. eric: nile, you read the

argument from the administration saying it's about protecting jobs and our national security. do you agree? >> i don't. i think this is a high-risk gambit. it will prove deeply counter productive. i fear these tariffs will result in u.s. job losses in the long term. protectionism generally destroys jobs rather than creates them. without a doubt we are heading for a trade war with europe and canada and mexico as a result of these tariffs and that's not a good thing for the u.s. economy. the vast majority of initiatives have been extremely good, especially the tax cuts. getting rid of burdensome regularring laces. but these tariffs send the wrong signal and it will undermine growth in the united states and cost american workers their

jobs. eric: the president says we are being taken advantage of. they put on 100% tariffs on what we produce. and he said the united states is not being treated fairly. >> the focus should be on lowering trade barriers across the world. and the european union in some areas are quite protectionists. but the solution is not to raise u.s. tariffs which then gives protectionists the excuse to raise their own trade barriers. i don't believe i am peremptorying protectionist policies will create and generate jobs for the u.s. economy. history has shown protections in the past have cost hundreds of thousands of u.s. jobs. u.s. has bent leader of free

trade in the world. if we are to backtrack in areas such as free trade, it will be extremely destructive. it is significant the british government has strongly condemned these tariffs. this is america's closest friend and ally. the united states should be looking at the u.s.-u.k. free trade deal post brexit wrather than raising the tariffs in the short term. eric: how do you see this rolling out? some people say it's just a starting point. throw it out there and they will come to some type of agreement. >> what we have seen the past couple days is a strong response from european countries and also from canada and mexico. threatening retaliatory tariffs. there are many in europe within the european commission who want to see a tornado war developing. this would be disaster out for

both sides of the atlantic. i do hope that the administration walks back these tariffs and afly plies pressure upon the e.u. to lower their own tariffs. we do need to see further discussion and dialogue on this. the solution is not raising the tariffs. it's just an excuse for antiamerican protectionists in europe who would like to strike against the american economy. we need to be careful and advance free trade. that's the right way ford for the use as the leader of the free world. eric: you said perhaps europe will lower their tariffs. do you think there will be that

type of an agreement where we may not impose the tariff being proposed? >> the end game should be a lowering of tariffs on both sides across the world. but the united states must lead by example. and the united states is a great city on a shining hill, the beacon of freedom and liberty. and that applies to economic freedom as well. that's the best way rather than a highly destructive trade war which many in europe are keen top implement. i hope the administration will seek other solutions to the current situation. eric: as always, good to see you. arthel: the immigration issue will heat up again as lawmakers return to work this week. can republicans make progress with dissention in the ranks? a joyous occasion tinged with

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on further irreversible joint damage. talk to your rheumatologist. right here. right now. humira. eric: seniors to marjory stoneman douglas high school graduate today. there will be heavy hearts at a deeply moving an emotional ceremony. people remember in the 17 mike bost when the gunmen opened fire inside the school back in february. 14 of the dems were students. one graduate his best friend was murdered in the mass shooting plans to honor her when she walks across the stage. >> graduation will be the hardest that promise hard, but walking that stage and now i will be putting on a picture of her to make sure she is walking the stage with me. that is her big day. she will still be there with us.

eric: that is still moving. hello, phil. >> about 800 marjory stoneman douglas high school students will be getting diplomas this afternoon topping 12 years of education and marketing a new beginning to go on to college, careers and adulthood. the ceremony will still be mixed emotions. very bittersweet because four of the would-be graduates will not be here. the students as well as their parents request graduation is close to the media and the school districts have provided details about what is entailed. exciting graduates begin arriving about an hour and a half ago wherein their caps and gowns. some will be sporting orange sashes. orange being the color symbolically or advocating for gun control. the ceremony itself begins in about 90 minutes. we remember the high school

experience for these graduates tragically became blended on valentine's day as a former student barged into the building with a payer 15 rifle, multiple zines and unloaded 150 bullets, killing 17. it was the deadliest high school shooting in u.s. history. the four seniors who were killed that day and a necklace work, looking, meadow pollock and permission trick or their parents have been invited to attend. two of the families will not. he will be here as a tribute to his son and his friends. some students will honor the slain with pictures taped onto their caps. >> i don't even know how to move forward from it. meadowood either one to say keep going and don't get that. stopping would be the thing. >> i'm actually very nervous for graduation. i wanted to go as well as they can be.

i don't want anything to happen. i think i have that fear that something might happen. i just wanted to go smoothly and everyone to be done. >> interpol i come in the very prominent and vocal parent and father of meadow pollock who's been on tv and with the governor advocating for the bacon reform and school safety measures. he did go to prom and said that was pretty much more than he could take. he nor his wife are going to come here today. however, her son, hunter treated he will walk across the stage and pick up the diploma on behalf of his sister. there's going to be beefed up security here today. the school in the district really hope to try to make this traditionally jubilant day as happy as it possibly can. it's only been a little bit more than 100 days since valentine's day in the whole high school experience was just scarred

forever. >> you really remains in our hearts of course go out to the big guns and especially outspoken on this issue on this important day. thank you. arthel. arthel: we shift back to politics now as lawmakers are back on the hill tomorrow after the memorial day recess that helped republicans breaking with gop leadership and inching closer to forcing a debate on immigration. the fate of as many as 800,000 daca recipients remains uncertain and border security still a major source of contention in congress. texas representative will hurd earlier today and he is behind one of the immigration proposals republicans want to bring to the house floor. >> we don't have operational control of our border. we have a million plus men and women who've only been in united states of america as their homesteader in this uncertainty

period. they don't know about their future. now is the time to solve this problem and do it once and for all. >> judy miller, adjunct fellow at the manhattan institute for policy research and investigative journalists. the fox news contributor, we are going to jump right in here. i want to talk about this discharge petition, which could put the immigration issue bill on the floor come june 25th. the discharge position as we know is an idea i'm a plan to coax gop leadership in defining republican red compromise. could this in and of itself be problematic for the gop as a whole? >> i think it is problematic, which is why speaker ryan has been resisting a debate, and open debate much less action on the three immigration bills that are currently attended, which i must point out are kind of at odds with one another.

they provide a pathway to citizenship for the 800,000 dreamers. another one as a dozen. what has happened here is we step out with a group of moderates, but democrats and republicans in the center of the party say we have to have this debate. we must do something to resolve the impact. we must fix our system. they are pushing on these measures. the vulnerable republicans whose the wrong way on this issue could actually put their reelection in jeopardy. he's caught between a rock and a hard place and doesn't want this measure to move forward. what is going on here is a real test of his lame-duck leadership as he moves toward the end of his term in congress and a speaker.

it's really tough for him. and yet, the moderates say most americans doing anything for us. >> you had to senate leadersn the verge of shortening its recess has been done before. what does this say about how important immigration reform is to the gop success in the midterm? >> i think it's very important especially for this honor to have the senate appear to be doing something and appeared to be acting. he has said that we are going to know when he announces the schedule on monday, whether or not they are going to shorten the recess to keep the senators in congress, in the senate during the normal recess and the them who were vulnerable for facing reelection. once again, you have competing pressures on this legislative body. you also have a president trying

to send all over the map on immigration who said on one hand he abolished the daca dreamers. on the other, he wants a deal. there's not a lot of leadership from the white house on this either. >> or you go. what is the winning formula? what specifically must the republicans agree on to present to the president and potentially have signed into law and border security. >> this is the hardest part. what we have to have is a compromise. something that acts on the 800,000 dreamers and provide border security with or without a wall. what the white house is waiting for is the congress is going to come out en masse. as you know, the word compromise has become a dirty word in both the house and senate. it is very hard to predict this morning and whether or not writing house clout to hang on

to the direction he wants. >> we don't have the time to cover it, but the separation policy that's going to be a big player in all this and we'll talk about it next time as this will definitely be the subject of great discussions throughout the week. judy miller coming thank you. >> thankthank you. tree into a police officer has been fired after his department says he intentionally ran down and hit had a fleeing suspect with his police cruiser. we will have a look at the body cam footage in a moment. or unsolved murders taking place within days of each other in the phoenix area. police are now saying that the man they are looking for. >> the police department is using quite a bit of their detective bureau and we are working together in this case. my mom's pain from

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as for suspect, police have released a sketch of a man believed to shot and killed stephen pitt on thursday. an adult male brainy dark-colored hat with a short brim. witnesses say stephen pitt was there pitt was argued that the suspect outside of his office at 5:30 p.m. before he was shot in the suspects way. this is very gets more interesting. stephen worked as a forensic psychiatrist in high-profile cases, including the jonbenet ramsey investigation as a consultant to the police and district attorney. ramsay of course was the six-year-old who was murdered in her home in boulder, colorado, 1996 case is even worldwide attention and to this day remains unsolved. police say the murderous connect did to the death of the two paralegals. one woman shot in the head diminish a get out of the office and lied down how before she died in the other shot dead inside the law firm which

practices divorce and family law. lots of questions left in this mystery. >> thanks so much. >> thank you. it is too late for some big island residents to get out of the path of flowing lava. we'll have details on those developments. booking a flight at the last minute doesn't have to be expensive. just go to priceline. it's the best place to book a flight a few days before my trip and still save up to 40%. just tap and go... for the best savings on flights, go to priceline. money managers are pretty much the same. all but while some push high commission investment products, fisher investments avoids them. some advisers have hidden and layered fees. fisher investments never does.

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arthel: fox news alert. baba continues to flow from hawaii kilauea volcano causing the closure of a major highway. jeff is live in the big island with the details. >> arthel, we are just learning up to 12 people are cut off and stranded here in the big island. baba has caused over two highways and for the folks who live on the other side of the area, they likely need air lift to get to safety. the subdivisions likely la niña states are likely without power, phones and water. lava had flowed the path of destruction still spreading daily. the volcano has destroyed 87 homes in the number could only rise as folks are returning home to assess damages. >> most of the people here, you know, they've always said this is a living island. this is just part of it. you can accept bad except when it happens to you and then you go maybe i'm not so sure.

>> it is our retirement and we are hoping to be here, stay here and it's just about done. we just have to rate is the hardest part. >> were also learning law-enforcement officers have cited up to seven people for loitering in the lava zones. right now covering around 3500 acres of land. arthel: jeff paul, thank you very much. that does it for us. we will be back at 4:00 eastern. eric: that is amazing -- [inaudible] arthel: of feel very sorry for the people. we wish them well. >> more details on that in three hours from now we turn on the hours from now we turn on the fox news have a good afternoon. see you at 4:00 p.m. eastern. just like you. begin your journey at ancestry.com

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[driver] i can't believe that worked. i dropped the keys. [burke] and we covered it. talk to farmers, we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ leland: fox news alert. the reaction all morning to a letter from president trump lawyer that was sent to robert mueller in his office. good afternoon on a very busy sunday. a rainy sunday indeed. i am leland vittert. elizabeth: thanks for joining us. i'm elizabeth grant papers reported by "the new york times" was written back in january pushes back on a potential subpoena for the testimony and the russian investigation. it also outlines the legal teams reasons for the president not to meet with the special counsel. for all the latest reaction, let's had to ellison barber live at the white house. >> this letter is signed by the president's attorney, jay secular from