do on my first day, if elected president of the united states. and that is i will act to repeal obamacare. let's make clear that we understand what the court did and did not do. what the court did today was say that obamacare does not violate the constitution. what they did in the do was say that obamacare is good law, or that it's good policy. obamacare was bad policy yesterday, it's bad policy today. >> moments at romney finished speaking the president decided to address the nation. but he didn't want to say it was a tax on every single american. >> whatever the politics, today's decision was a victory for people all over this country whose lives will be more secure because of this law and the supreme court's decision to uphold it. >> now we are going to have a lot more tonight on the politics of all of this, plus complete coverage of the congress'

decision to hold eric holdner criminal contempt with dick morris. also joining me tonight, eric cantor and much, much more. but first let's bring in jay sekelo and back in the studio is political analyst juan williams, and co-host of the five, kimberly guilfoyle. so a victory for the president, a victory for president obama, the largest tax increase in american history, which may be followed up with the second largest tax increase in american history when the bush tax cuts expire? >> right. so the president, who said during the entire debate on healthcare that this is not a tax went on abc news, george stephanopoulos, and it's not a tax, i'm sick of people calling it a tax, it is not a tax, he said, and then he has his lawyer, this and this is what is important, the solicitor general goes up to the supreme court of the united states and argues it's a tax. reluctantly because they didn't want to say it was a tax but that's exactly what the chief justice and four other justices

found were we now have the greatest tax increase on the middle class and at the same time we are going to destroy the healthcare system in the united states. what romney said was correct. the supreme court did not say this is good law. they did not say it is good policy. in fact the chief justice makes a statement toward the end of that opinion that it is not his job to protect citizens from elected officials that enact policies likes that. that's the job of the citizens of the united states. and i think message will be heard. but a bad day for could be could be conservatives today. >> he said the court is left to interpret the law and they don't have the expertise or to make policy decisions. and those decisions are entrusted to our nation's elected leaders who can be thrown out of office if people disagree with them. it is not our job to protect the people from the consequences of their political choices. now before i go to you, i want to give you the question ahead of time.

has the president been onest with the american people on how he sold this bill? because he repeatedly said it was not a tax. let's go to the videotape. >> under this mandate the government is forcing people to spend money. and fine you if you are not. how is that not a tax? >> hold on, george. here is what is happening. you and i are both paying 900, but on on average, our familiesn higher premiums because of uncompensated care. if, on the other hand, we are given tax credits we set up an exchange and you are now part of a big pool, we've driven down the costs, we have done everything we can, and you actually can afford health insurance but you just decided, you know what, i want to take my chances and then you get hit by a bus and you and i have to pay for the emergency room care. >> that may be, but it's a tax. >> that's not true, george. >> not a tax. not true. >> so we know we were stevenned. now the question is did the

president lie to the american people is? >> that came from a harvard lawyer. it is such -- i'm going to hit you the hardest and you are dads he wouldly the lights and the disco ball and you don't see the oncoming train which is a disaster. we don't have the money to pay for this. people think they are are getting something for free and they are not. it's going to be taken right out of their pockets. i think this is a penalty. it's a joke to try to call it a tax. >> we were told repeatedly, we were told two things, one, it is not a tax, and the other thing the president gave a specific number, $900 billion. it was under a trillion. the estimates show it is now going to be double that and they haven't implemented the bill. i will ask you, good the president lie to the american people purposely, knowing that this was a tax? >> i'm just struck by jay, kimberly and you licking your lips because you say this is great. you guys are upset, you feel

like you got blown out of the water. >> answer question. >> i don't want to answer the question. the president gave a political answer because he didn't want to call it a tax. and chief justice roberts, that's the only way it's ruled to be constitutional. but you said this is the biggest tax increase on the middle class. ridiculous u don't have to pay, you have health insurance and i do so we don't pay. >> let me say this, the president also promised, i will throw it to jay, he will never raise taxes on the middle class. i will go back to that, forget sean hannity, and 75% of the mandate will hit the middle class in this country which the president said would not happen. >> a household of four with an income of $30,000 will pay the equivalent by 2016 about $2,200, $2,300 a year. that's the biggest tax increase we've seen. and you want to call it

politics, i call did basically a complete fabrication. the president of the united states said it's not a tax and he sent his sliest store general to the united states to argue kind of it's a tax. hesitantly, but they were worried about the politics. >> listen >> disagrees with themmism think he got it wrong. >> you said justice roberts -- well, you are arguing with the chief justice. jay, let's be clear so you don't distort this for the american people. an individual is only going to have to pay $95, and that's it, jay. if they don't have insurance. most americans have insurance so that's just not -- >> well, i should tell you -- >> well, it was how it was sold, juan and this is the issue. a vote for obama, and we go back to the chief justice, and when he says it is not our job to protect the people from the consequences of their political choices, we have a constitutional issue about whether or not -- four men in black robes said no, five said yes. so we have a constitutional

issue that is at hand here but we also had have a political one. the political one is this election is now a tipping point election. higher taxes with obama. >> tax and spend. >> and versus -- >> right, fiscal responsibility. someone who has had a job managing and knows how to balance the books and make sure people are financially responsible and not a run away teenage we're a checkbook on a weekend. >> and in the lead-in he said romney is going to lead the charge. he is leading the charge. >> romney care in massachusetts have exactly the same penalty for people who did not choose to buy health insurance. >> jay, jay. >> you know, you cannot, juan, argue that a state-based solution, which is what governor romney put in place in massachusetts, has anything do with it. >> it's the same. same penalty, jay. >> and rejected. congress called the argument which is what your side said it would be -- >> jay, jay." and it's the same reality what you call obamacare.

>> there's a big difference between the two. >> is that your argument? >> the separation of powers, we have co-equal branches of government. what is interesting to me from a legal standpoint, and i will throw this to kimberly, the chief justice brought it upon himself. he didn't buy the customers clause argument that was being made but he brought it on himself, and this is where i found the comments that, quote, the court cannot rewrite obamacare to make the tax argument work. that's what the dissent said. >> that's what happened today. that's why it is surprising f you look at the dissent they say this is an abuse, the extension of the federal powers -- >> how do they do that? >> seems like judicial activism. i have the utmost respect for the court but no one can figure out what was chief roberts up to today? now what he has done is made a mess. >> everybody thought was it going to be kennedy, and instead it was john roberts, and roberts is -- you know what -- >> kennedy was ready to gut the

when he will law. i think john roberts called it wrong today. that's all. simple as that. >> but, jay, it's the same law. >> it's not his job to defend it and make it right. look into the eyes of the people. that's not a good enough reason. >> we have to take a break. >> no, no, i think the chief justice is right. i think it's not our people to protect the people from@the consequences of political choices. 131 case from now the american people get their vote and that's why i think -- that's why i agree with that aspect. >> you think this is bigger than the economy? >> they are both together. >> it is the economy. >> and coming up, why the president was celebrating today, his attorney general was found in contempt of congress. we will have much more on all the big developments out of washington. we will check in with dick morris tonight and a prime time exclusive, eric cantor is here to talk about his plan to hold a vote to repeal obamacare, which will be coming in a week and a half. we will tell

>> i will do whatever i can to ensure the mental class tax increase doesn't go into effect and doesn't hurt economic growth in america. but here is what i expect i hope. i hope thereof democrats in the u.s. senate that say while they agree with all of us that we do have a health insurance problem in america, they never intended to create an irs problem for millions of americans which now is what millions of americans are going to have really soon. this isn't what anyone wanted and i hope we have the chance to redo this thing in the right

way. >> and tax on all americas and the cornerstone of the president's radical agenda. and the general election showdown between president obama and gov. romney has been redefined. while the president is celebrating a tax that will soon have a stranglehold all across this nation on families, the court of public opinion is apparently appearing to want to strike back. in fact, the romney campaign is reported hauling in more than $2.5 million since that decision was handed down this morning. and joining me now with more on the historic day, author of the best-seller "screwed" former white house advisor dick morris. >> i believe this crosses a line. i believe with the dissenting justices. we have the economic issues, which is the largest tax increase coming, and then we have the political fallout, dick. what is the political fallout?

>> well, i think obama won the battle today and lost the war. he won a puric victory. a victory that is so expensive that it will kill whatever chances there were of his re-election. the supreme court upheld the mandate. but they also gave us a mandate, to defeat obama, retake the senate, and add to the margin in the house and repeal this law. and our sleeping giant has been awakened, and i believe that today will be the worst day, not the best day, in the obama campaign. >> there are two things that i think that the american people will become aware of as this debate now unfolds and as people are watching the coverage of what actually happened today. one. the president repeatedly said absolutely this is not a tax increase. two, bloomberg has out an estimate, $800 billion new taxes to pay for obamacare, and add to

that $500 billion in cuts in medicare. when people become aware of the details, they don't like it now, does that get worse for the president? >> it gets terrible for the president. and this tax increase is directly aimed at his own voters. young people and poor people. with the medicaid expansion derailed, they are going to absolutely be clobbered. a family that makes $30,000 a year will be obliged either to spend approximately $3,000, $2,000 or $3,000 a year for a health insurance policy they don't need or want or pay a two or $3,000.00 fine. he calls it a fine or assessment, but it's clearly a tax. this revolutionizes the campaign. i heard your panel before and one said are you really saying this is more important than the economy? yes, i am. the economy exists in the background. it's a concern.

it's driven the voters away from obama and made his presidency into a failure. but this is an issue. you are either going to vote yes or no. since this law was seriously considered, 55% of the americans in every single poll have said they owe pose it. that's the vote share romney is going to get because of this law. >> that's an interesting interpretation. there was a lot of gloating as soon as the decision came out today, there was a tweet by the dnc it's constitutional d word, another one take that mother and i won't go into the words, but there is also the romney response. other new ad that promises that president romney will repeal obamacare. take a look at this and give us your analysis. >> will the supreme court strike down president obama's landmark healthcare reform law? >> it's being heralded as the most important since bush versus gore in 2000.

>> the supreme court has upheld the healthcare law. >> in a few months americans will cast their ballots and make a choice. do we continue on a path of rising, out of control healthcare costs? do we continue with massive tax increases to fund a new $2 trillion program? do we continue stifling our economy with a growing government that discourages hiring? or do we chart a new course and change? the supreme court may have made their decision, but the american people haven't. >> make sure the next president of the united states repeals obamacare and replaces obamacare. >> day one, job one, repeal obamacare. now congress is -- we will talk to eric cantor coming up. there's romney's position. this is a chase election, dick. >> yep. great ad. what happened is the election of 2012 will the fought on the same

parameters as the election of 2010. we know how that came out, massive republican win. >> well, it's going to be interesting to watch it unfold. dick morris, good to see you. thanks for being with us. >> thank you. >> coming up, a lot to come up ton. the attorney general of the united states was found in criminal contempt of congress only a few short hours ago. we will have much more on that vote, and also the supreme court's decision on the house majority leader, eric cantor joins me, a prime time exclusive interview. that's coming up next. and much more straight ahead. flush [ male announcer ] if a phone rings at your car insurance company

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>> we have seen this law increase costs, and we are committed to changing that. we are committed to making sure that we can return to patient-based healthcare in this country, where we can keep costs low, and we can increase access. and that's why when we return the week of july 9th i have scheduled a vote for total repeal of the obamacare bill to occur on wednesday, july 11th. >> that was house majority leader eric cantor who moments after the supreme court upheld the so-called affordable care act announced that the house would waste no time and hold a vote to fully repeal the law on july 11th. joining me now in a prime time exclusive a preview of that vote is the man i am level, the house

majority leader, eric cantor. congressman, good to see you. welcome back. >> sean, good evening. >> let's talk a little bit about how this, you will again vote to repeal in the house, correct? tell us what's going to happen. >> no, that is correct. and really if you take a step back and look at the court's ruling today, it really underscores the choice the american people have before them in direction. today's ruling indicates the direction obama will take this country as far as healthcare is concerned, and that is a decision that involves governmental intrusion into one's healthcare decisions unlike anyone before. it is the law of the land now, the court has opined. the only way to change that is to make sure that in november barack obama loses the election. it's that simple. if we want to return to a patient-centered healthcare future. >> you i new york city it seems that it's pretty basic to me, and on top of this tax, a lot of people forget what they call tax

moggedden, the bush tax cuts ready to expire. what kind of burden are we talking about on the american people if in fact both of these taxes are applied to them and to their families? >> if you just look at, you know, a senior citizen living off perhaps a stock portfolio with dividends heavily relying upon those dividends and the stocks are, maybe the utility stocks he or she would be invested in, dividend tacks if all these tax go up, including the surtax on obamacare now, you are talking about just the tax piece, and that's not including now the interpretation ever the courts mandate, you are talking about tax on a dividend going from fifteen to forty-three percent. you are talking thousands of dollars for american families. and it is a serious, serious

blow i think to people who are looking for a better economy. but even more than that, americans who want to deal with the most personal decision ever healthcare now the future holds if obamacare holds a healthcare future of government intrusion, washington-based care, not patient-centered care the way most americans want. >> it's amazing how strong the dissent was today. the tax argument makes no sense. there's a mountain of evidence against the tax argument. more on the feeble tax argument. the court cannot rewrite obamacare to make the tax argument work. what do you make ever the chief justice here? and i don't like to go after the court, they all have their reasons, but certainly the big surprise of the day was the chief justice, john roberts, siding with the liberal members of the court. but he didn't use their language because their argument was, and the president went out there and said, quote, it's absolutely not a tax. what do you make of him

actually, you know, rewriting the statute basically? >> obviously i respect the court. i disagree with his opinion. i disagree that we ought to have obamacare as the law of the land at this point. but really that's what elections are for. by the supreme court's ruling, that court said that the law is legal. but it doesn't mean that it is just or it is the right policy and that's what this election is going to be about. again, the only way to stop this trajectory in terms of obamacare, and lord knows a lot other, we are going to have to win this election. in order to repeal obamacare we are going to have to vote out barack obama. >> even though it might be constitutional in the minds of five men in black robes and not constitutional in the minds of four men in black robes as mitt romney said, as marco rubio said and others today, it doesn't necessarily mean it's good for the american people. that it's good for the economy or that it's good law.

let's go to the contempt vote that took place in congress today against the attorney general, unprecedented, if never happened before. tell us what happened today and where does the congress go from here? >> well, you know, suffice it to say, sean, this is a very sad day when the attorney general ever the united states is held in contempt by congress. but if you look at the entire progression of this issue, with chairman darrell issa and the conduct of his oversight and his committee, it was always the case that we were willing to act within reason, to ask this administration to come forward, to be transparent, to offer up the information that congress was seeking, frankly so that not only the family of the border agent could have the information, but really so that the american people could realize the right to know and the right to know what happened and that it would not happen again.

and even as late as last week, sean, what we had said to the administration and the attorney general was if you come forward with the information we are asking, we will postpone the hearing to take a look at the information that you brought forward and then make the decision. but even with that reasonable offer, this administration refused to act, and as we know, the president asserted executive privilege, cutting off the ability for us or the american people to realize the right to know. so now with the congress finding the attorney general in contempt, we also have to assume that this administration will not pursue that, which is why we also passed a contempt resolution authorizing its pursuit in civil court. >> let me ask you one question, going back to obamacare for just a minute. you know, if my kids get in trouble, and i expect every kid is going to make mistakes in life, that's fine, but they know that the worst thing that they can do is be deceptive or lie.

do you think the president was purposely deseptembertive on the issue of this is not a tax? when questioned about it he used the words "this is absolutely not a tax." that was the -- do you think the president and the democrats were dishonest in that argument that they were make to go the american people? >> i think there are two case necessary which representations were made, at least representations were made during the debate of that bill, and the reality now has turned out a lot different. i would say even more two, sean. but first is, you are right. bill on the house floor and then some, representations were made to say, no, this is not a tax. this is not a tax. we insisted this is a tax on the american people if you do not comply with the mandate of what washington says healthcare coverage ought to be. and, of course, the court hung its been on the issue of that. in fact, the administration's lawyers even asserted that as

their theory for upholding the law. so the american people were told one thing and now realize the other. sean, the other issue that is of such import is most people who have their insurance today, they actually like their healthcare. they don't approve of the status quo because they think it's too expensive, but the president, when we started this discussion, insisted that those who have their healthcare and like it, can keep it. well, as we know now, obamacare is going to produce a situation in which costs are going to going to escalate so high, employers and others are not going to be able to maintain this healthcare, and what will happen is they will gravitate into the state exchanges that will be under the washington mandate, that will actually not be the kind of healthcare that people know and like. and that, i think, is ultimately the personal misfortune that will be set the patience of this country. >> the government will break their promises, sort of like the lock box for social security

that doesn't exist? congressman, appreciate it. we will be looking forward to the vote coming on july 11th, and we appreciate you being here. >> thank you, sean. >> coming up next, she sued to keep obamacare from being the law of the land. the florida attorney general, pam bondi, will be in the studio to tell us what her next step will be. that's next on this edition o

>> with the controversial individual mandate now being deemed constitutional, questions are being raised about whether or not state governments will comply with the supreme court's decision. joining me now in studio to tell us how her state plans to respond is the attorney general of the great state of florida, our friend pam bondi. >> hi, sean. great to see you. >> are you doing okay? let me go to the dissent again. i found -- states are not free to turn down large grants.

obama kerry give states no choice. obamacare thought they were giving states a general russ gift but states like yours rejected it. >> right and i'm proud of florida for rejecting it because we still believe firmly it's unconstitutional. what the supreme court has done is they haves to it had back into the political arena. that's exactly what they have done. >> actually, that was the -- and i'm sort of shocked by the chief justice's position on this. did you find that odd when he sort of decided to rewrite the law for congress? >> well, and it's really clear in scalia and the other justices' dissent, they are saying clearly this says it is a penalty, yet justice roberts chose to determine for the american people that in his opinion it was a tax, and yet he talks -- i mean, this really this been has been police sized. he talks about this is a quote from the opinion, state

officials who will bear the brunt of public disapproval while the federal officials who devise the regulatory program may remain insulated from the elect torial implications of this. >> what does it mean? seven members of the court think the medicaid expansion is unconstitutional, and the court saved it anyway and left the states with an awful choice is what the dissent said. >> right. >> in all practicality, what does it mean? they can no longer take back the -- penaltylize the states? >> absolutely. and that's a huge amount of florida's budget. and that was a win for us. that was a big win and we were very pleased that it was seven justices, as well. but what they were trying to say was they could take, say florida, if you don't go along with everything in the healthcare package we will pull

every penny of your funding. >> retribution. >> absolutely. >> and one said during the healthcare hearing and said if i put a gun to your head and you say your money and your life and you say life, that's not coercion? >> if the court is rewriting federalism and ultimately rewriting on our nation's future in the way the court lacks the authority to do, that is a powerful, stinging rebuke. >> it is. >> whatevers your reaction? >> it is. well, we were extremely disappointed obviously with the opinion. we were pleased with the very strong dissent. and, you know, justice scalia said it was a feeble argument. they used the word feeble, the majority opinion. and he said legislators must weigh the need for the tax against the terrible price they must pay at their next election which is never more than two years off. >> and for practical purposes you, along with what, 25 other

states. >> other states and national federal of independent business. >> exactly. so where does that all go from that legal perspective as a result of this decision today? >> well, i guess the most sobering part of this that we learned is that our republican system of government only works when their leaders are honest with the people. and thank goodness none of this has to be implemented until 2014. what do we have before then? we have an election. and we have to elect mitt romney, a president who is going to be honest with the american people, who is going to do everything in his power to repeal this horrible law. in florida we all work so well together, i have spoken with governor scott, senate president gates, speaker weather ford, and in florida we will have a solution. we have to do what's best or our state. but it's about accountability,

affordability. >> whatly what disturbs me most is the constitutional aspects of this. but from a constitutional standpoint, the danger in my mind is this sets a new precedent. >> absolutely. absolutely. >> so this is now a court decision. what door does that open up that could be potentially dangerous down the road? they didn't use the commerce clause which i think would have been worse. >> so much worse, and that really was their greatest fear, and like i said, this is so much bigger. under the customers clause they said this. they could have done anything to us. but now anything that they could possibly use the word penalty or tax -- >> wait a minute. they said it was not a tax. absolutely not a tax. that was the words of president obama. >> notice only that the budget director came out while this was pending, remember, to confirm it was not a tax. >> then why did chief justice roberts rewrite it for him, for

the congress, for the president? isn't that what he did. >> sean, he said he interpreted the penalty to be a tax. >> to be a tax. all right. always good to see you. we will follow what you do in the state of florida and as well as we will watch the other states. >> we will protect our state. >> pam bondi, good to see you. when we come back, the great, great, great american panel is next.

>> if being look at europe they can't afford it so they have governing bodies in great bait tan. where does this medically take the country? the country promise the you will get healthcare for free, just like medicare. and we don't have any money, but it is socialized medicine when you tell a person they have to pay the same premium to pay for an overweight diabetic that lies on a couch. that's socialized medicine and where entitlement comes from. but i'm worried about nobody paid attention to that we don't have doctors for this. and what when about the fact that doctors don't take insurance? you get give 16 million more people medicaid but less than

16% of doctors are taking medicaid patients. >> because the government is dictating what they can charge for services and it's pennies on the dollars. >> and that's where the word rationening is coming in. it's adding new committees and independent medicare advisory board. and i will have to make more and more phone calls to make sure things get approved and getting less and less money from insurance companies hamstrung in paying for pre-existing conditions. >> let's get to the political side of this. my take may be different from joe trippy's. i think within hours mitt romney raised millions of dollars. i saw an explosion on twitter in the internet that is almost unprecedented. >> i think the interesting piece to me, the figure at the center of this is chief justice roberts, who has been the target of a gorilla campaign by obama supporters and certain parts of media that claim he's been

splitsizing the courts. they hate citizens united and they have been going after that and i think he was conscious of that in crafting his opinion. >> i don't think it influences the court? >> let me finish itch think he gave obama a biggest today but cleverly gave a surreptitious gift to republicans by calling it a tax. characterizing it as a tax makes the conversation about costs and the size of the cost, and if you read the dissent, it says taxes are unpopular. that's why we look to the house of representatives to pass taxes. this is going to be -- this is a political gift. >> actually what the chief justice said, and i go back to this, it is not our job to protect the people from the consequences of their political choices. seems like you have an election in 130 days. >> what is really interesting about today is how it really is a win-win-win. it was a win for obama.

he didn't get his signature thing knocked out and declared unconstitutional and a big massive fail. it was a win for people with pre-existing conditions and the kinds of things that will be covered under it, but it was a win for romney. the reason it is a win for romney is very simple. the democratic base is breathing a sigh of relief today. the republican base is breathing fire. and he's what you talk about. >> well -- the loss for the american people in terms of quality, availability of care, in terms. higher taxes, and a double whammy when they go the bush tax cuts -- >> it's a romney tax. >> and he's talking about -- joe is talking about pre-existing condition but they don't have the doctors. and it's a loss for the supreme court because i also believe that justice roberts rewrote the law by changing the words what was in the law, as a tax.

>> by definition, judicial activism. we have to take a break. eric holder held in contempt, unprecedented. we will get your take on that as we continue

>> it would be mischievous of --

miss -- what am i trying to say? it would be -- you would think it was a matter of mischief, if i said i don't think it's any coincidence this is being taken up on the same day that the supreme court decision came down. what the republicans are doing with this motion on the floor today is contemptible. this is something that makes a witch-hunt look like a day at the beach. >> as we continue with our great american panel. here we have a dead border agent, she didn't even know brian terry's name which frankly was unconscionable, and we have the united states of america providing guns to drug cartels, drug dealers, gun runners, murders and kidnappers, and now we have dead agents, and she doesn't think we have a right to know? do you agree with that? >> i think the whole thing is a joke. >> a joke?

>> look, every american feels for brian terry and his family. but that has nothing do with the contempt vote today. >> why give guns to murders and criminals? why? >> it is clear that this is just issa trying to embarrass the president. >> why something this student, this dangerous? that's the issue. >> it's not about stupid, it's about -- >> sean, there's another issue here. this is the top law enforcement officer in the united states. somebody subpoenas my medical records, they get it. 1500 documents, he's supposed to come one that right away. executive privilege has no role here. he should bring forth the documents. >> that may be true. however, obama rampetted this up by invoking executive order. but i think it will come down to the benefit of the white house because what happens is the public hates more than anything

divided government. they hate it. and if you are going to be -- if you are going to be playing divided government, you don't want to be the divider. you don't want to be the aggressor. they are getting into a situation where -- it's going to hurt them. >> and basically what you are saying is don't stand up to your principles, don't stand up to what's right, that our government can do something this -- that is colossal -- >> this was a bad political move. it looks political. >> i don't want to talk about politics >> want to talk about a government that's rogue and out of control and providing guns to drug cartels. >> out of control? they shut it down as soon as they found out about it. >> no, they did not shut it down. what happened to the most transparent administration? >> and why the race card all the time? why does holder have to use the race card to protect himself? i don't know. >> just as a political matter, this country wants this congress to be focusing on jobs and the economy, and i don't think it's a good moment for the republicans. >> i think we can walk and chew

gum at the same time. i think we can deal with the economy and jobs and balancing the budget and firing obama all at the same time. >> every day that we talk about this kind of stuff and romney and the republicans are not putting it on the economy is a bad day for the republicans. you know -- >> i totally disagree. >> that's a fact. >> he's the chief law enforcement officer in the united states were he has to set an example. he's being subpoenaed and he has to come through with it. >> we are talking about political reality. this is exactly what it looks like, it looks like politics, and it looks like the republicans are -- >> this is mitch mcconnell saying our job is to make sure he only gets one term. it's the whole thing. ice not going to work. >> a great panel tonight. as welcome to "red eye." it is like "remember the titans" let's go to andy levy for a pre game report. what's coming up on tonight's show? >> run to the hills, america.

our top story, apparently the supreme court ruled on something thursday. we will try to find out what it was. and plus apparently the supreme court ruled on something else thursday, and we will try to find out what that was too. and finally stories about cell phones and bath salts and rings. these are a few of my favorite nicks. >> big, big news. >> i am as giddy as a schoolgirl. >> i am as giddy as a schoolboy jie. now i wish i had said that. >> tomorrow night is "magic mike" night. >> team channing or team matt? >> you can't even say his name. you know i am team matt. >> i am leaning toward team channing. >> matt would be chill about that. >> i feel like i am letting him down. >> matt is always about sharing the love. >> you are right. >> i have a feeling we will both be satisfied. >> i have a feeling are you right. >> go away. let's welcome our guest. she is so hot the sun wears lori roth man screen. i am h