>> sean: its misinformation and its fake news. we all know that, every minute, every second, every hour every day, every year. if we are not the destroy-trump media. thank you for being with us, let not your heart be troubled. graham, big show. >> laura: hannity, you know what i was thinking? we should do our own public service announcement and we can film it and it would be fun. if you have tds lasting longer than five hours consult a physician. trump derangement syndrome, right? >> sean: whatever you say is right. i didn't hear half of what you said. >> laura: tds. if you have it longer than five hours you should see a physicia physician. i never understood that commercial with the two tabs. isn't that defeating the point, the two tubs? you are totally behind me today. i don't think you can keep up. >> sean: is not that i'm behind you, i can't really hear you. >> laura: hannity can't hear

me, so why are we even talking? i'm just going to do hand puppets. >> sean: you keep talking, i'm going to nod my head yes. yes, laura. >> laura: good evening, welcome to washington, i'm laura ingraham, this is "the ingraham angle." we have a huge shell lined up for you tonight. president trump's legal team firing back at special counsel bob mueller's terms for that presidential interview. boy, oh, boy. trump attorney jay sekulow. he does join us with exclusive details and mainstream media breathlessly declaring last night's election results are a total wipeout for the president. but they may very soon regret that one. plus, the ninth circuit's runaway judges are added again with yet another attempt to dismantle our nation's justice system. we will tell you all about it, but first, the left's effort to remake america, that's the focus of tonight's "angle." every once in a while, leftists

will slip up and tell us what they really think about america. in a recent interview, new york's new social estate grown grapes that older democrats in congress aren't doing more to support a new crop of progressive candidates. >> a lot of these folks were in their political heyday in the third way 90s politics. i think that politically this upper-middle-class is probably more moderate, but that upper-middle-class doesn't exist anymore in america. their heyday was in the 90s when people tell my kids had like furbi's and soccer moms had like two vans and stuff. that's not america anymore! >> laura: that's not america anymore. she said "like" seven times. five times in two sentences, something like that. i was almost running out of fingers. as if she knows all of america from her loft in queens.

by the way, what does she think, that moms outside of big cities can, what, cart their kids around on those electric scooters? all kidding aside, what she seems to be saying, it's kind of hard to dissect it, is that the new generation of women today are less moderate and i suppose closer to her socialist views? and i'm not sure what minivans have to do -- by the way, i happen to love my minivan. it rocks. but i've never met a single mother who owns two of them. political magic, apparently wasn't working last night because as most of her preferred candidates lost and most of them by double digits. the real story was that in the heartland moderate democrats are looking strong. we will get two more of that story later on in the show. nevertheless, she's kind of write in a general sense. because in some parts of the country it does seem like the

america that we know and love doesn't exist anymore. massive demographic changes have been foisted on the american people and they are changes that none of us ever voted for and most of us don't like. from virginia to california we see stark examples of how radically in some ways the country has changed. much of this is related to both illegal and in some cases legal immigration that of course progressive's love. remember the old democrats, maybe some of them that ocasio-cortez is referring to. they used to think borders matter. but the new activists believe enforcing immigration laws is essentially an ongoing human rights violation. of course they want to abolish ice and so forth. today we were reminded again of why our law has to be enforced, borders strengthened and the wall built, loopholes closed in sanctuary city policies and data

once and for all. check out what happened courtesy of philadelphia's refusal to cooperate with ice detainers. in may of 2009, one ramon vasquez, a citizen of honduras was deported from the united states. just five years later in march 2014 i.c.e. officers found out that vasquez was back in the u.s. and was in custody with the philadelphia department of prison. philadelphia however refused to comply with an ice detainers request so basque as was instead released from custody. after his release, vasquez was rearrested and ultimately convicted for child rape. this is an unspeakable act of evil that should have never occurred and never occurred on american soil. remember when the current mayor of philly did this after a judge

ruled in favor of his cities sanctuary status? >> a sanctuary city! yes! >> laura: oh, my gosh, what an embarrassment. at this point i would hope the voters in philadelphia would see the light and send mayor james kenney packing. he's a disgrace. if only such heartbreaking stories were isolated events, they are not. last weekend in colorado springs a police officer was critically injured. he was shot by an iraqi refugee allowed into the u.s. under president obama. he had been ordered deported after a felony trespassing probation violation only to be released by a judge who cited changes in the law. it was beyond tragic.

and for all of you who are buying into the media narrative about the horrors perpetrated on children who were kept temporarily in hhs custody, the kids who have crossed the borde border, consider an actual horror, and illegal who crossed the border with a child he claimed was his own. well, that illegal adult turned out to be the child's rapist. ramon pedro turned up last april. he said he was traveling with his daughter and demanded entry into the u.s. like thousands of other family units they were processed and then released into the united states, called catch and release. late last month at a routine health screening doctors discovered the girl had been sexually assaulted, assaulted allegedly by him. and it gets worse. it turns out the young girl's mother knew that this coyote was

a predator but sent her daughter with him anyway because the mother was promised ultimately later on a job. who are these people? really smart. mother of the year award there. who is going to make the argument that this horror, abused and brutalized girl wouldn't have been safer in u.s. detention than with a rapist? and on my radio show today i received this call from travis from nevada who told his own personal law at the hands, again of an illegal alien. >> my brother in april was killed by an illegal alien while he and his son and his girlfriend were out on a planned bike ride. son is nine years old and doing 60 miles an hour on a side street and hit him on his bicycle. the district attorney said he

confirmed that he is an illegal. >> laura: a lot of news coverage? i didn't see any news coverage of the story and i track all of these stories. >> not at all. not at all. >> laura: he's right. it's something the president, by the way, pointed out just a few months ago. >> the media doesn't talk about the american families permanently separated from their loved ones because democrat policies release violent criminals into our communities. >> laura: and if you are under the impression that these illegal crossings are somehow slowing down, new data released in the last 24 hours tells a very different story. border patrol apprehensions at the southwest border rose more than 70% year-over-year. agents apprehended 31,303 people in july, up from 18,187 a year

ago and while it's good that they are being apprehended, we should be a little bit alarmed, don't you think you might they feel like they are entitled to coming across the border. by the way, there were 3,938 unaccompanied children apprehended last month. that's up from 2,475 a year ago with another 9,258 families apprehended. that was up from 3,389 last july. all those are numbers, but these are our people, all a lot of people. it's a lot that this country has to process and ultimately most of them are released. and what about those who come here on valid visas? guess what, for more than 600,000 of those who came on visas overstayed them in 2017. this is another completely absurd scenario. everyone is gaming the system.

this is a sure way over time to remake and reshape america. this is exactly what socialists like ocasio-cortez want. eventually diluting and overwhelming your vote with the votes of others who aren't, let's face it, too big on adam smith and the federalist papers. as for those minivan-driving women from the 1990s, well, news flash, alexandria, most of them are still alive and they vote. and i've met him i bet most of them don't like the lawlessness at the border and the crime it brings into our country. i have to believe that most american women are smarter than to fall into the socialism open borders trap. it's clear that we need a reset on the entire issue of immigration. illegal and legal. it's time that the president gives a formal address to the nation, preferably one from the oval office. he should lay out his agenda and

the cost to the nation of not pursuing it. as he said before, merit-based, legal immigration is fantastic, but what we have now is a complete farce and we are all paying for it, some, as you saw with those examples, more than others. the president can be so persuasive, so give us the whole truth, mr. president, the good, the bad, and yes, the uncomfortable. this is a national emergency and he must demand that congress act now. there is something slipping away in this country and it's not about race or ethnicity. it's what was once a common understanding by both parties that american citizenship is a privilege and one that at a minimum requires respect for the rule of law and loyalty to our constitution. and that's "the angle." joining us now with reaction, i'm so happy she is with us on

set, judge pirro, host of justice right here on fnc and author of the huge best seller "liars, leakers and liberals: the case against the anti-trump conspiracy." along with immigration attorney francisco hernandez. it's great to see both of you. judge, i think this is a national crisis. we are at a crisis point in this country on this issue and i think you could make the argument that america is changing. it is changing. >> it's right. she's absolutely right. you listen to her and you say what planet is she from? just to talk about ocasio-cortez herself, this is a young woman who actually grew up in westchester county, went to school in west chancery company, one of the affluent suburbs in the country. but more importantly when you talk about the emergency, obama started this. when obama said that he was going to change the demographics of this country by allowing refugees opening up the border

and now we are seeing a spike at the border. that's an emergency because right now we've got a business model for smugglers. they know if they come in with young children that those kids are going to be released and because they can't keep the family more than 20 days they will end up being released and the parents are allowing this to happen knowing their kids may be raped. knowing all of this because they want their kids grandfathered in. it's not just kids. it's ms-13 and as someone who has been a d.a., these are people who prey on other people and that is the way of life for ms-13 and more than half of immigrant families abuse one or more welfare programs. so when you talk about immigrants, they should be adding to this country and not taking away. >> laura: francisco, nancy pelosi was pretty -- she was pretty explicit, let's just put it that way, about health voting for democrats will give more leverage to the immigrant population, let's watch.

>> we believe that we will have leverage when we win in november. and why that's important, because it gives leverage to every family, to every mom who courageously brought her child across the desert to escape death, rape, gang violence and arrest. >> laura: francisco, do you think the democrats or any politicians, take democrats -- that's below say there -- that they should be advocating on behalf of people who are actively trying to break our laws saying if you vote for me we will give leverage to them? i've never heard of anything like that. i've heard a lot but i haven't heard anything like that before. >> i'm not here to defend pelosi or president trump or obama or president bush. this is all a big myth and you stated just a few minutes ago it's time to push the reset button. but by planting a seed of truth in harvesting and orchid of decedent like the judge just

did, what you are doing is you are scaring everybody into thinking that the sky is falling. if we immigration reform. you and i have argued from different perspectives for the same thing for years, mrs. ingram. >> laura: you can call me laura. francisco, i adore you. francisco and i don't agree on everything. you can call me laura. i'm just laura. >> i will try but we are in texas, texas manners. >> laura: this is happening under president trump because i think they know the kind of have us with this catch and release thing. so just in the yuma sector of arizona, i know you know where that is, we all do. 120% in yuma, arizona, of unaccompanied minors, 4,500 unaccompanied minors, seven years ago that figure was 98 families and 222 unaccompanied minors.

and if that's not a crisis i don't know what is. >> so what changed? just about six months ago president trump was telling us on national tv that the immigration issue, illegal immigration was down records, that the problem was in essence salt and when he couldn't get congress to act on daca. we can keep on chasing our tails like we have been for about 20 or 22 years, or we can get down and do something about it. laura, you and i have plenty of common ground and we just can't scare the population into paralysis by indecision, which is what we have. >> let me ask you a question, when you say you can't scare the population, here's the bottom line. if you want asylum you go to a port of entry, you ask for asylum. if you want to come to america and you get in line like everybody else. what is wrong with that? >> nothing wrong. nothing wrong. >> laura: we are not doing that. >> except there is no line. >> laura: yes there is! >> there is no line for these people to come here. >> laura: contrary to what the

ninth circuit court of appeals is getting at, we will get to this later on, you don't have an international right to come to america. i don't know where people get this idea that you have some universal, some type of global constitutional right to come into the country or get in the line. you don't have the right. we get to determine who comes in this country. >> what we need to allow people to come here. let's just make the requirement requirements. >> how about you follow the law? >> there is no log right now. >> illegals are not a protected clan. >> laura: they will be if ocasio-cortez gets it. >> they are not a protected class. >> why did they keep crossing the border? >> laura: we know why. >> they are fleeing corrupt governments. >> then, under asylum. swear allegiance to the country. >> you and i have agreed on that before, the asylum laws -- >> they pass a law.

>> if i could, i would. >> laura: i think that -- there are corrupt governments all over the globe. that's hundreds of millions of people who would want to come into the united states. if you open up the cradle fear dome a credible fear, social status to everyone who fears crime, which is what a lot of people like ocasio-cortez want to do, that's what she wants to do, open it up to include anyone who lives in fear. you better get ready for hundreds of millions of people to get in the line you want to create. that's the problem. >> then we wouldn't be here. >> do we even know how many are here? >> it you just set of millions. you are talking about the law. let's change it. it let's sit down at the table. >> why don't you just follow the law? >> laura: the president needs to address this from the oval and they should become a flash point now, not after the

midterms. this is a critical issue for the country and it is the number one issue on the last ball that was done. it was even higher than the economy, which is unbelievable. fantastic conversation, it's always great to see you, francisco. thank you so much grated >> thank you, laura. >> laura: the president's legal team delivers the response to bob mueller and the request for a presidential interview. jay sekulow joins us with the new details next.

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>> laura: it's one of the big looming questions of the russia probe, will president trump sit down for an interview with bob mueller? the president's legal team gave its highly anticipated response to the special counsel today. fox news chief national correspondent ed henry joins us now with details. >> good to see you, the president's legal team tonight seems to be sending to cochlear messages to the special counsel. they are willing to work with him on a potential interview with the president but they believe it is basically put up or shut up time in terms of bringing this probe to some kind of a conclusion as part of a deal to get testimony from the president. rudy giuliani declaring this a short time ago with sean hannit sean hannity, that this is mueller's last best chance to get a one-on-one with the president and pushing for the special counsel to wrap this up by september 1st. that may seem like a stretch at this point but the fact is earlier this year mueller

privately indicated that the bulk of his work might be done by the summer, so it would not unfairly overshadow the midterm elections. way back in april "the washington post" reporting mueller indicating to the president's legal team he would release a report on obstruction by june or july. that said, the deadline clearly came and went. if the at the time was that mueller wanted an interview with the president before concluding that part of the probe but even if he subpoenas the president to testify, as you heard from the former deputy independent counsel sol wisenberg last night it would take mueller a long time to try to enforce the subpoena and there's no guarantee he will win before the supreme court. >> if there's a reason bob mueller has put up with this dance for so long and i think a lot of people don't understand it. mueller does not have the right to even litigate executive privilege. if the first thing president trump is going to say is i'm your boss, you can't even be in court. he probably can't win if he goes to court. >> the president's attorneys obviously know that.

that's why mueller seems to have preferred to try to get a voluntary interview. it's also one of the reasons why the lawyers continued today to try to take a hard line in narrowing the focus of the potential questions from mueller dealing with obstruction and other matters because they have consistently said the president has vast executive power to hire and fire officials like former fbi director james comey. >> laura: thanks so much. joining us exclusively now with reaction is jay sekulow. an attorney for president trump's legal team. thanks for being with us tonight. >> hey, laura. >> laura: where are we now on this exactly? you gave your response, you are waiting for a response. how long do you anticipate the response taken from mueller's team? >> i don't give dates. this is an investigation that at the outset has been corrupt. there's no question about that. it continues every single day there seems to be a new revelation. so i'm not going to give a date. i think it needs to end very soon and it needs to end very

soon because the nature of what's taking place here is a like euro and that's being kind. when i say irregular, look at how this started. it starts with the dossier from a foreign spy basically, christopher steele. he was an intelligence officer from great britain. he puts together this dossier on behalf of who? fusion gps and the dnc. okay. another interesting fact and now we are getting a lot more information on that. bruce ohr twice is working for fusion gps with christopher steele putting together this dossier. that's how this investigation commenced. so as you know in the law there is the doctrine of the fruit of the poisonous tree and i think anything going forward here has to keep all of that in context and in mind before we agree to do anything. and right now the fact is, and i've said this and rudy has said it and other lawyers that have commented have said it. if you lined up 100 lawyers, there are 100 who will say don't sit for an interview and there's a reason for that. not just the perjury issue but the fact that you would ask

questions potential of the president regarding article two powers, you are a constitutional lawyer. the answer to that is no. >> laura: they want more information, more documents. that would be a big fight. daniel goldman, former assistant u.s. attorney in the southern district commented on the concern that he says your team has about putting the president under question. let's watch. >> they are absolutely right to be concerned that if the president were to go into an interview with incredibly well-prepared prosecutors who have not just the president's tweets and his own statements, but as rudy giuliani correctly pointed out, millions of documents, testimony from dozens of witnesses. they know the back story much better than any of us sitting here know it. and when they question donald trump he would lie within the first 30 seconds. >> laura: that's being repeated. >> can i respond to his statement? let me tell you something, where do you think the special counsel received the millions of documents and the witness interviews?

because this president, unlike others, has decided that he would be completely transparent in the process. >> laura: you don't know everything they have. obviously. >> of course not. >> laura: that's one of the pitfalls. i wouldn't put my client in this position to walk into a perjury trap with obstruction of justice, but why would you even give them a narrow opening on obstruction? is it because some lawyers are saying you know they will say no? because they are not going to want to be limited in their questioning on the obstruction angle, whatever perverse angle they have. >> i've said this, i've been saying this for a year, i will say it again. my thoughts in my view of the constitution is they don't have the right to ask any of these questions. that's supported not only by case law in the d.c. circuit but also by the structure of the constitution itself. i can assure you this tonight, this legal team is not walking this president to a perjury trap, it's not going to happen. if there's any type of energy.

whether it's written or otherwise it will be the appropriate type of response. we are not letting the president walk into a perjury trap. this investigation from its outset, who would allow that in light of everything that has transpired and continues to transpire? i'm not going to disclose the contents. you just don't like you understand i'm not going to disclose, but needless to say we didn't accept their offer. >> laura: do you think it's possible to get a fair two hours of questioning knowing what you know now with the new revelations about the makeup of the justice department, bruce ohr, the new revelations about christopher steele, do you think you could get two or three hours of reasonable but tough questions from the special counsel? >> here's my response to that. i'm not inclined to believe at this point in the nature and scope for this investigation is that there is such a thing as a fair shake. that's not to say that something couldn't be arranged, but i can tell you this, my inclination on speaking here as a lawyer to the

president, i can also speak for our legal team. go back to the perjury trap. it is not going to happen. thus, the question is, could they structure a series of questions that the president should answer under article two of the constitution and i think the hurtle on that is very high for them and they haven't established it at this point. >> laura: if you are debriefed or a legal team, emmet flood, has this artie been briefed in the event that this does go to court? >> you've known me for a long time. i don't just deal with a plan a to plan b. so the issue, which you are pointing to, if there was an issuance of a subpoena, a serious question and i do not think the justice department has the authority in this case and would authorize it because bob mueller is not an independent counsel, he can't do that himself. are we ready to go to court if we had to? you bet. do i think we are going to have to? i don't think so. if we do what we will do it. you have to protect this president, but the presidency. that's what's at stake here. could you imagine every u.s. attorney that had an issue with

the president of the united states could issue a subpoena for that president to testify? the founders knew that wouldn't work and that's why they structured three branches of government and separation of powers. >> laura: thanks so much for joining us today. we appreciate it. and in a somewhat related to her and we have breaking reporting, i just refer to it, some nefarious ties between the british spy christopher steele, fusion gps's glenn simpson and the justice department, that official bruce ohr. byron will update us on all of these important developments, stay there.

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christopher steele, the former british spy was in touch with an official at the justice department, bruce ohr a lot earlier than we thought. if they were exchanging emails in january of 2016. and what was interesting here is that steele was writing to bruce ohr at the justice department and he was talking about a russian oligarch and he had been involved with paul manafort and the 2000s. >> laura: he's suing. he doesn't think what happened to manafort's fair. >> they both claim the other one was stealing from the other. his visa was revoked because of suspicion that he was involved in organized russian crime. >> laura: the details were never clarinet either. >> it appears that christopher steele when his writing these emails is kind of lobbying for him saying he wants to come back to the united states for a meeting and it looks like it's going to get a visa and that's a

really good thing because we are hearing he's not really a tool of the kremlin. it was like he was lobbying on his behalf. your thinking what in the world is going on here? and then these conversations kind of morphed at midyear 2016 into a dossier conversation. >> laura: are you saying you think only dara pasta has something to do with the dossie dossier? maybe he can have two conversations going on. >> if it's entirely possible. when mark warner, the democratic leader on the into the senate intelligence committee wanted to get in touch with christopher steele he went to the publicist -- excuse me, the lobbyist who worked for both. it's an odd situation. then, at midyear 2016, christopher steele says to bruce ohr. we need to talk. we need to talk about some other business but i specifically want to discuss with you informally and separately and it concerns

our favorite business tycoon and now most people who have read this believe that's donald trump because that's just a few days before christopher steele actually tells the fbi, gives them the first installment of his dossier, that famous moscow hotel room scene. >> laura: sodas that get us further down the road to determining the original providence of the dossier, who contributed to it? >> it gets us further down the road to who in the justice department and government knew about it. >> laura: we still don't know the details of that, which is unbelievable after all this time. they don't want anyone to know the details. >> even if you are in congress and have subpoena power. >> laura: there's a reason they won't give us information. fascinating stuff, thank you so much for that report tonight. also tonight, winning win isn't really a win. all five candidates president trump endorsed won. it was closer than expected, no

doubt. ohio's 12th district has immediate tongues wagging. >> republicans are scared tonight, there's no question about that. >> democrats i think are no heavy favorites to take control of the house. i think the question is really -- they have a night like this like they did in ohio, they could win 40-60 seats. >> however this ultimately turns out i think it's safe to say tonight that democrats should begin having a conversation about who they want to be speaker of the house. >> laura: oh, my goodness. it's time to pick speaker already. there are some troubling signs for the g.o.p. but have they learned nothing, these analysts, from 2016? ari fleischer is a former press secretary for president bush. doug schoen is a democratic strategist. great to have all of you on. let's start with you, ari. it is amazing. chuck todd was out there today saying this could be like 50 seats for the democrats in the house. i have no idea what's going to happen, but that's quite a leap from the events of last night.

>> i think there are two things we know. nine special elections, eight of them the democrats fell short. eight brides who didn't quite make it to the altar. but there is a fact and you have to be realistic as a republican, the voter turnout is high on the democratic side. in ohio, just looking at the numbers, previous presidential year, 2016, the democrat who ran got 112,000 votes. last night the democratic candidate danny o'connor got 100,000. 90% of the previous presidential turnout showed up in the special. on the republican side, only 40% showed up in the special. the democrats have a lot of voter enthusiasm that is turning out against donald trump, and that's a fact. >> laura: dug, another story of course, the socialists were pretty much rejected in the midwest. ocasio-cortez, she thought she artie had the magic wand and she was running around endorsing people and getting the nod to people and most of those folks

lost. >> that's good news for the democrats. because we really do not want these left-wing socialist candidates running as the party standard-bearer. if we don't need ocasio-cortez making endorsements, and the woe her candidates do the better we do. i would add to what ari said, i agree with him, the suburbs are a huge huge problem for the republicans and in washington state there are three seats now in play that arguably weren't in play before yesterday. i'm not going to go as far and say it's 50-60 seats, but as a betting man and a prudent democrat who tries to be objective, i think the democrats are odds-on favorites to win the house and probably get 30, 35 seats if i had to bet as of today. but much can change. that is certainly politics. >> laura: ari, if you had to give the president some advice for some of the more important republicans on the national level who will be out campaigning, what would it be on

focus, on the issues that you should focus on? i have my own theory here but i'm curious about yours. >> let's put doomsday in context first. republicans will gain seats in the senate. they will probably pick up 1-3 seats in the senate. for all the headwinds in the south there's countervailing headwinds in the senate. tone it down a notch or three so he's not always picking these fights that said a lot of were suburban women that there's something morally suspect about donald trump. turn it down just enough. i think that he could energize the base without antagonizing a lot of the so-called moderates that republicans still have to count on to win. that to me is the key. but i will also add one other thing. special elections are a breed apart. 21 special elections when president obama ran and each of those democrats underperformed obama's numbers by 7.9 points.

under president trump republicans are underperforming by 8.5 points. >> laura: he's popular in that district. peace, prosperity, happy warrior, there is this investigation going on in all the intrigue that you've done all this investigation on, but trump the campaigner, happy warrior, cracking jokes, the country is coming back, roaring manufacturing. i think women like that message. they don't mind the tough guy, but they want the pursuit of happiness part i think. >> there's no doubt it works with his base and what ari was saying is if trumka just round out a few of the sharp edges, it doesn't happen. >> laura: he's not going to do that. >> he's not going to do it but there is a question. we know republican strategists who are trying to keep the house are looking at some of these suburban districts. if they are worried about the president's job approval rating among people who may be voted for barack obama and switched over to donald trump, maybe they

are not fully on. >> laura: maybe they should start passing more of his legislation and protect the country from what we can talk about early on. fantastic conversation, thank you so much. and as a mexican killed on mexican soil by the u.s. patrol agent protected by the u.s. constitution? the ninth circuit court of appeals just rolled yes. we are going to ask a border agent what he thinks that's going to do to morale and whether that will deter agents from actually doing their job next. to lower my a1c. i take tresiba® once a day. tresiba® controls blood sugar for 24 hours for powerful a1c reduction. (woman) we'd been counting down to his retirement. it was our tresiba® reason. he needs insulin to control his high blood sugar and, at his age, he's at greater risk for low blood sugar. tresiba® releases slow and steady

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>> laura: this is a headline that some would say is actually hard to believe. a u.s. federal appellate court has ruled that constitutional protections apply to nonu.s. citizens who are not on u.s. soil. it stems from a case of a border patrol agent. in 2012 he shot and killed a mexican teenager through the arizona-mexico border fence.

he claims self-defense saying a group of mexican teens were attacking him trying to force him from his position and clear the way for drug smugglers. they were throwing rocks and other stuff. but now the teen's mother is now according to this decision allowed to sue the agent in federal court for it looks like civil damages. joining me now to discuss, a border patrol agent who grew up on the arizona-mexico border, and a resident fellow in law and policy, the center of immigration studies. art, the majority opinion, which i painstakingly went through. in total it's 71 pages long in the ninth circuit. the judge, judge and her clients build. i think we might have a picture of him, he wrote the majority opinion. a george hw appointee to the court. he said the decision to allow noncitizens to sue, there's the judge, will not deter border

agents in their duty because you don't have a right or a duty to shoot someone through the fence for doing nothing because he had to accept the facts as they were as determined by the district court so he allows the suit to go forward. what effect might this have humanity you know this deal on agents in the field? >> you look at the case itself and understand that the decision was based on -- they are bound to look at just the allegations that were done in the civil complaints and they have to assume that those allegations are true. if you look at it that way, you understand more or less why his decision was made. i've read the majority of those pages and i can tell you that this individual was not just a teenager that was walking and strolling through the sidewalk headed home. we are talking about a criminal. that's who it was. i've seen the video. they've shown the video, lonnie schwartz went to court, the jury said that he was not guilty of

murder and now they are just beating a dead horse and they want to go after him and they want to make sure -- if somebody has got to be guilty. at the reality is, where are the guilty people? it's the drug dealers that are on the mexican side. if the drug dealers that were bringing drugs into our country. that's where they need to look for guilt. >> laura: but they are retrying the border agent. they are retrying the border agent for i guess it's manslaughter. art, i want to go to you on this. there's a circuit split and i'm trying to be the log he care but the fifth circuit court of appeals ruled no, you do not as a noncitizen have a constitutional right to bring action in federal court against a federal agent. you can imagine where this is going to go, noncitizens are going to be able to sue for denial of, i don't know, a sightly status, refugee status, h1b visa. if you have a right to sue in federal court in this kind of theory, i think anything goes. this is obviously going to go to

the supreme court. your take on this as you know the facts to be? >> there's plainly a circuit split between the fifth circuit and the ninth circuit as you say. the ninth circuit erred and recognized and applied right of action for damages for alleged constitutional violations by a border patrol agent for a number of reasons. first and foremost of which is that it interferes with the political branch's jurisdiction of not only the national security, but also the foreign relations of the united states. in addition, the court has acted where the congress has refused to act, to grant damages to aliens injured by federal agents abroad. quite frankly, this can't stand it if it stands in this case, very strong, very straightforward and quite frankly correct. >> laura: i want to read part of the dissent by george smith, appointed by george w. bush in 2006. he wrote by creating an extraterritorial -- meaning you

qualified immunity is breached, the majority veers into uncharted territory, ignores supreme court law and upsets separation of powers between the judiciary and the political branches of government. that is what art just referred to. and there you go. it's a separation of powers point and also citing supreme court precedent on this. judge kleinfeld said this was a fourth amendment -- this is a fourth amendment claim. you are depriving someone -- it's a seizure claim, art, and the fact of this case will be disputed when the suit goes forward, but again, i think this opens up federal agents, border patrol agents, i.c.e. agents to a world of hurt and trouble in federal court if this kind of action is deemed to be able to go forward and the supreme court doesn't do the right thing. >> this is how ridiculous this case is. it's something that's being

pushed here in the tucson sector. at the tucson sector is responsible for close to 50% of all the drugs that are seized in the country and with this message is doing to these agents is it's telling them that it's okay to be a smuggler, it's okay to attack our federal agents and you have a way to sue us if we defend ourselves. that's the reality of what this case is being pushed out. >> laura: judge kleinfeld just dismissed that in the majority. he said holding them liable for the constitutional violation would not meaning we deter border patrol agents from performing their duty because he's a big expert i guess in border patrol duties. it's ridiculous. thanks so much, guys. >> i would like to know what academy class to graduate in the border patrol? >> laura: the ninth circuit court of appeals of judicial activism branch. that's what he focused on. thanks so much. in the left loves to claim is the champion of inner-city communities and prison reform, so why is the reality proving to

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>> laura: don't you notice how the left always claims to occupy the high ground when it comes to issues surrounding inner-city communities, issues like prison reform, but their words and policies rarely back up the

claim. instead of offering reform, they offer rhetoric, poisonous rhetoric like this from elizabeth warren last friday. sorry, the hard truth about our criminal justice system, it's racist from front to back. that will move the debate forward, fantastic. she doesn't want prison reform, she wants the whole thing re-examined back to who gets arrested, when they get arrested, how they get arrested because the whole thing is obviously corrupt and racist at its core. and remember back in may when president trump and house republicans, remember when they were pushing for prison reform? senate democrats actually sunk it just to avoid giving the president a win. you have to ask yourself now, who is really serious about fixing problems in communities? the democrats have essentially taken for granted for years. joining me now civil rights attorney brian watkins. it's great to have you on.

michelle was going to be here to debate here but her satellite feed went down so lucky you, you have me. >> lucky me. >> laura: i think the president is really committed to this idea of prison reform and they are going to i think i'll tackle that as well. let's go back and listen to what the president said on the subject earlier this year. >> two-thirds of the 650,000 people released from prison each year are arrested again within three years. we can help break this vicious cycle through job training, very important, job training. mentoring and drug addiction treatment. we will be very tough on crime but we will provide a letter of opportunity for the future. >> laura: brian, then we get the pushback from the democrats, you probably saw it, trumps push for prison reform faces

opposition from democrats. what's going on here? i thought the democrats were the ones who really cared? >> they do. and we would be supportive if prompted actually what he says he's going to do with putting reform and put job programs in there and help educate a lot of the kids in the inner city so they don't have to see a prison cell. that would be great, but the problem is there's rhetoric on both sides. donald trump talks a lot but he has yet to do anything about it. >> laura: for president form of microform you have to have democrats in congress actually agree to work with him on this. he's not going to be able to -- he's not going to be able to wave a magic wand and get this done on his own. this is a congressional push. they talked about this for years. now you have a president who actually wants to do it. they brought in faith leaders, they are bringing in folks from the business community and they want to get this done. so are you saying that democrats with this president despite what elizabeth warren is saying, that they will actually work with people like jared kushner, who is also spearheading this effort? will they do it?

>> hopefully. it's what elizabeth warren was saying, there's racism in the criminal justice system. step one is recognizing that fact, that there is in fact racism in the criminal justice system. >> laura: is black on black crime for instance right now in chicago a bigger problem for the community than just the racism that you claim is in the criminal justice system? >> it's both. both are problems. i understand the problems in chicago. the number one way to stop gun violence in chicago is to stop pulling the trigger of a gun. he won't have any shootings if you do that, i understand that but there's a bigger systematic problem we also have to address and we don't recognize that there's racism in the criminal justice system. >> laura: you can do criminal reform and have the other conversation. we are going to have you back with michelle in a longer conversation.

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>> laura: closing out tonight with a 10-year-old boy attending a tennessee fair. he often uses a wheelchair and requires braces. he's becoming a viral sensation

after getting up for the national anthem despite his disability. he says i usually sit and put my hand on my heart but last night i decided to stand because i like to stand for my country. inspiring words, avery. thank you for doing that, inspiring us all. shannon bream and the "fox news @ night" team are next. shannon, have a great show. >> shannon: he's a patriot. thank you, laura. we begin with this fox news alert. the president's attorneys tonight sending a new message to special counsel robert mueller. in the past couple hours, we've heard from rudy giuliani and jay sekulow. ed henry is following the develop must. it's a fox move that night exclusive interview with u.s. ambassador to the united nations, nikki haley. we are there with her life. tough talk on iran and the latest on efforts to denuclearize north korea. later president trump expects giant red wave in november.