the next thing to watch is the ninth circuit. ninth circuit is in california. most of you if not all of you are very familiar with the ninth circuit and how it works. it's a different kind of place. it is an often reversed kind of place. the president nominated, we had a number of vacancies on the ninth circuit and there are 29 active seats on the ninth circuit, six current vacancies. i hate to play partisan politics with judges because sometimes really because a republican or a democrat appoints you, it does not say what you are going to be but if you could just forgive me to talk about who appointed 16 democrat appointments. seven republican. this includes judge bennett and -- who came out of hawaii and judge nelson out of idaho. both appointed by trump. so, it's the back of the envelope, 16-7 court. there are six other vacancies. the president did nominate people for all vacancies. one which we know about, fantastic i -- fantastic guy. prosecutor, brilliant lawyer. did not get through the senate. which was unfortunate. and it was very painful to go through.

it was filed in the ninth circuit and i actually think we might do very well, even thin ninth circuit and closed case. i was put here for security, whether it's space force which we're doing today or bordards. >> and from the state of new mexico, hector, one of the plaintiffs in this lawsuit. general, thank you for joining us. with the president saying own and closed case and i think it's because if you look at the national emergency act, which is this law from 1976 where he's claiming this power, it doesn't define an emergency. it gives the power to declare one. congress could take vote and override it if he vetoes it. >> well, first, thanks for having me. and no, actually he has to follow the rule of law. we don't having cans in this country and this is not about the king's funding. article one in the constitution clearly has the purses with congress and he's not allows to cry over a funding fight and misappropriate money going to missile bases and special national security projects just because he doesn't get his way. >> how do you get around that law, looking at it, saying the sec

circuits. here is the ninth here. president trump believes the ninth circuit rules against him most of the time. so, we'll continue to watch this and see what happens. it's starting what appears to be a friendly court, marcus. >>> new signs of a possible escalation in the nuclear arms race with russia. russian leader vladimir putin tells russian lawmakers he will respond if the u.s. deploys nuclear missiles in europe this comes in the wake of a recent white house decision to back out of a cold war era treaty with russia, banning each nation from doing just that. putin says russia would target both the u.s. and other countries where its missiles are stationed. he also said he is not openly seeking a confrontation. >>> fearing i.c.e. agents may tap into dmv databases to target undocumented drivers. for all license holders. it allows them to drive legally and be insured. but the information is not supposed to be used as a basis for criminal or citizenship investigations. the dmv says i.c.e. cannot directly access the dmv

the president nominated -- we had a number of vacancies on the ninth circuit. it is 29 active seats on the circuit. here are six current vacancies. of the 23 active, and i hate to play partisan, but for short handing, if you could forgive me to talk about who appointed 16 democratic appointments, seven republican appointments, which includes judge bennett out of hawaii and judge nelson out of idaho, both appointed by president trump. it is -- to do the back of the envelope, a 16-7 court. one brilliant lawyer did not get to the senate. it was very painful to go through, and that was an opportunity missed. that would have been a 16-8 court. brigid beatty out of arizona and mr. miller out of washington had been nominated. both will be great when they get there. i predict they will get through the senate. we're sort of closing the gap. the president nominated three folks tied to california. california is a unique bird, because the ranking member of the committee is -- the urisdiction of judges over california is interesting -- is an interesting dance. you can find t

a lot of them in the ninth circuit are included. the situation that we had is that there is an appropriations writer which prevents the federal government from spending any money to prosecute actions that are legal within the state. we will be talking about that. the next subject we will talk about will be gun laws. where are we now with the second amendment? this brings up the question of the case in the ninth circuit. it deals with rights and the united states supreme court. when can a person carry a gun or get a permit to carry a gun? lastly if we have time, we are going to get into some cases involving the establishment of religion and free exercise, mainly the issue of when prayer can be set as legislated and semi-legislative areas. with that, we will start with professor eastman talking about immigration and sanctuary cities. he will discuss everything involved. >> i think we are just going to stay here. before i get into the subject of this, i have to tell a little story about the judge. on one of the immigration cases out of

heather: presidents' day, democrats looking to the liberal ninth circuit instead. the latest legal battle enough to block the border policy? what we are learning about the american hero. this iconic world war ii photo. "fox and friends first" starts right now. ♪ heather: you are watching "fox and friends first" on tuesday morning. thank you for starting the day with us. another busy one on tap. rod rosenstein expected to step down next month. the departure after former fbi deputy director andrew mccabe revealed an inside job to remove donald trump from office using the 25th amendment. griff jenkins live in washington with how the president is responding. >> reporter: the president is not the only one responding, we previously reported, bill barr took over. the confirmation that barr will replace rosenstein with jeffrey rosen. he previously served as general counsel and senior policy advisor for the office of management and budget under george w. bush, the dot prior to that, these changes in the wake of that firestorm by fired fbi director andrew mccabe suggesting r

>> they are going to sue us in the ninth circuit. [laughter] and particular and then to sue us in the appellate division and then listening to sue us in the ninth circuit they are out smoking pot with harris so i think that would be the ultimate american express one - - expense should be have a wall that the canadian border obama had that in the stimulus where they get currently 2000 anybody here hear from them? from the reserve? apparently they get two cars per hour and then it was like the spaceship enterprise but then they widened it to eight lanes for two cars in our that is one lane for each car with the obama homeland security. so we will have a wall. we will be walled out that is just the way they do things in washington. >> let's move on. >> what is this new pastor doing? she is stripping so i guess it to "the greg gutfeld show". greg: can bearing your skin help your side when? they debating over the wall is far less - - worse than britain over brexit that stands for the united kingdom cap. and those brexit politicians and th

issues. >> every case that gets filing the ninth circuit we get beaten, the ninth circuit is something have to take a look at. it is not fair. people should not be allowed to immediately run to this very friendly circuit and file their case. >> reporter: now donald trump has taken that and is moving to ultimate court's political makeup setting up another showdown with democrats. shannon: thank you. breaking tonight, correspondent richardson is confirming that secretary of state mike pompeo is expected to announce that the us will suspend the intermediate range nuclear treaty. that move would give russia six months to return to compliance and if they don't the us could formally withdraw. we will watch that story. tensions escalate in venezuela after police forces reportedly rated opposition leader juan guaido's home while he was away. juan guaido was speaking at the university of caracas when the raid took place. is 20-month-old daughter and granddaughter were home when police arrived. tonight he is warning nicholas madero do not cross the, quote, redline when it comes to my family. he

they go to the ninth circuit. in most cases, it has nothing to do with the ninth circuit. it is a shame what they do. let's see what happens. i can only tell you that we have a very strong legal standing to win. we are doing it regardless. we have not declared the emergency yet yet we are building a lot of wall. with business cash on hand. we are negotiating tough prices. we have a great wall system. to have all these different systems and nobody knew what was going on. we have a good a solid system that looks good and is very powerful. are you saying now you expect to declare an emergency? >> you will here at the state of the union. >> are you going to wait until february 15? >> we are building now. obstruction -- the tremendous obstruction by democrats knowing that the only saving of our southern border -- when you look at these towns before the wall, they were crime-ridden. now, we put up a wall in certain areas and it went from being a horrible hellhole into something that is really safe. they can't believe it. the mayors cannot believe it. in san diego, they were begg

it was filed and it was filed in the ninth circuit and i think we inht be -- do very well even the ninth circuit because it is an open and closed case. i was put here for security whether it is a's force which we are doing today or whether it is borders. because of our -- if our nation does not have borders we do not have too much of a nation especially when drugs and all of the things that you know better than anybody what is happening at the border. they are in a situation. we will do very well with the lawsuit. ok? thank you. [inaudible] what do you want to see during that time? pres. trump: i would like to see denuclearization. we will see that ultimately. i have no pressing time schedule. i think a lot of people would like to see it go very quickly from the other side. i believe that north korea can be a tremendous economic power when this is solved. their location between russia and china and south korea is unbelievable. i think that north korea and chairman kim have some positive things in mind. we will soon find out. i am in no rush, there is no testing. as long as there is no te

it was filed in the ninth circuit and i actually think we might do very well, even in 2 ninth circuit's an open and closed case. cheryl: president trump wants california to pay back billions of dollars for its failed bullet train. democratic governor gavin newsome claims the move is political res trpolitical retri. let's bring in attorney deborah bloom. let's start with the aclu lawsuit, the fourth lawsuit against the emergency declaration. they claim it is basically unconstitutional. it's in the ninth circuit. where do you predict the suit goes? >> this could go all the way up to the supreme court. trump is taking funds by claiming that he needs military involvement. this creates the best angle of attack, claiming a need forearmed forces is weak because there isn't an influx or an increase in the amount of illegals coming through the border, terrorists, drugs, so he'll have a hard time saying he needs these funds as an emergency from the military. cheryl: on friday, three of the lawsuits are using his own words against him, he said i don't need to declare a national emergency. that m

the ninth circuit is really something we have to take a look at because it's not fair. hould not be allowed to immediately run to this very friendly circuit and filed their case. >> now he's taken that look he promised and is moving to overhaul the court's political makeup and setting another showdown with democrats. >> shannon: jonathan hunt, thank you. breaking tonight, correspondent rich edson covers the state department and is confirming for us that secretary of state mike pompeo is expected to announce the u.s. will suspend the intermediate range nuclear treaty. that move would give russia six months to return to compliance and if they don't, the u.s. can formally withdraw. we'll watch that story. venezuelan special forces reportedly raided juan guaidÓ's home while he was away, he was speaking at the university of caracas while he was away. his 21-year-old daughter and grandmother were home. he warned nicolas maduro do not cross a redline what comes to my family, u.s. officials have warned of serious consequences if there is any attempt to harm guaidÓ. to sudan wher

first of all, you don't sue anybody in the ninth circuit. the ninth circuit is a court of appeals.to first file the lawsuit in a district court. a lower court. you have one federal judge or perhaps several federal judges passing on the legality of this particular action by the president. then if it doesn't go the president's way, then, of course, the white house through its lawyers can appeal it through the ninth circuit or some other circuit court of appeal and eventually make its way to the supreme court. now, something the trump administration has been doing recently is trying to get their cases directly to the supreme court. that's a very unusual maneuver. i suspect we may see this here regardless whether it works its way through the civil process or bypasses some of that, we're talking months if not years before this can be resolved in the courts. >> tim, you put that 1976 act into context into how they sought to limit the power the president. do you think it's time in light of this to take a look at the power that act gives him? >> oh, kaylee, absolutely. run of the key to th

the reason the ninth circuit is such a controversial circuit right now is because of a nationwide injunction. what this does is allow leftist or anyone else -- >> lou: because it's the most left-wing court in the land. >> the reason is because president carter, clinton, and obama have appointed the most judges to that federal circuit. originally our founding fathers intended the judicial branch just to act as essentially umpires. they can say what powers the executive can do, they don't get into the policy or political questions of what they should day. >> lou: as the story keeps progressing, kamala harris, and dianne feinstein are all upset because the president has chosen three folks, conservatives, all to go on the ninth circuit court of appeal to upset the club, mightily. >> this is why our vote is americans matter. this is why we need to care about what candidates we support, we need to care about understanding what conservative conservativism is. a president, regardless of what party they are, the president under article two has nomination authority. it doesn't matter whether not they

most of that in the ninth circuit. i went to union sq. a progressive person. >> what the president is doing to this country is unforgivable. >> second the lies. of the destruction of democracy that has been happening in the last two years. >> the president present a legitimate threat. he is trying to bypass the will of congress. of this is and fascism i don't know what his. >> anti-immigration or anti-illegal? >> he is anti-nonwhite immigration is what i think. >> the national emergency declaration. >> there is no national emergency on the border. >> there is no crisis there. there is a crisis on the planet if we want to talk about climate change. >> the national emergency is trump. >> i think we need to have secure borders. treat people with compassion and dignity. >> reporter: you believe in some kind of barrier but not a wall from sea to see. >> i believe there are smart ways to control immigration is country. >> i never denied we don't need a safe border. we need a safe border. we have a problem, building a massive wall is not going t

they go to the ninth circuit. in many cases, and in most cases, it has nothing to do with the ninth circuit. it's a shame. what they do. let's hear what happens. i can only tell you this, john, we have very strong legal standing. we are doing it regardless. we don't have -- we haven't declared the national emergency yet. and yet we are building a lot of wall. we are continuing to build a lot of wall. as we will stay in business, with cash on hand. we are negotiating tough prices. we have a great system. a great wall system. it's very uniform. we used to have all these different systems, nobody knew what was going on. we have a very good, solid system that looks good and is very powerful. as a wall. >> reporter: are you expecting that now you expect to declare a national emergency -- >> president trump: i don't want to say. he see what happens after the state of the union. >> reporter: we wait until february 15th? >> president trump: we are building now. the one thing i'm trying to stressed people -- i wasn't befor

fact that they would put them into the ninth circuit.ers. >> bacera is arguing that trump is illegally taking money wa allocated to states to fund the wall. >> we'll try to halt the president from violating the constitution, separation of powers from stealing money from american and states that have been allocated by congress liaw fly. >> the president cannot. >> a flu poll out shows only 36% of registered voters approve of the president's national emergency declaration to build the wall and 61% disapprove. >> white house officials say the white house is moving forward using the funds despite all of these lawsuits. the strategy is to the drug funds and at a later day dip into the military construction funds. they can only be used under the national emergency and are at the highest legal risk. all of this money will be funneled into the army corp. of engineers. >> thanks so much. coverage on cnn continues right now. >>> happening now breaking news, attempting to interfere, bomb shell saying president trump trying to interfere by asking to

they tend to go to the ninth circuit. when they go to the ninth circuit, things happen. it missed and it was improved in the net -- approved in the united states supreme court, where we have a good record. they go to the ninth circuit, in many cases, and most cases, has nothing to do with the ninth circuit. it's a shame what they do. let's see what happens. we have strong legal standing. we are doing it regardless. we haven't declared the national emergency yet, yet we're building a lot of wall. we're continuing to build a lot of wall with business cash on hand. we're negotiating tough prices. we have a great system, great wall system. there used to be all these systems, nobody knew what was going on. we have a solid system that looks good. >> are you saying now you expect to declare a national emergency? president trump: i don't want to say. but you'll hear the state of the union and you'll see what happens. >> are you aware february 15 -- president trump: yeah, we're building now. one thing i want to stress to the people, when i see the tremendous obstruction by democr

there's no question that the ninth circuit will most likely get it. i talked to sources who tell me the briefs are already being written and he will likely lose in other courts and as he said, he won the travel ban in the supreme court and he has a more favorable supreme court there. >> when trump won in 2016, it was revealing in a lot of ways, and one of the ways it was revealing, it showed the base didn't care about small levels of conservatism. that's not a priority. i think this once again demonstrates that. to him taking the pr hit for not getting his wall is far worse than offending whatever small government purists exist on the right when it comes to, in their eyes, misusing a national emergency. he may lose some votes from the right and congress. but i think most of them are concerned about keeping their trump-loving base happy than sticking to whatever pre-trump principles they purported to have. he was never invested in the movement, trump himself, obviously. what he has revealed here is how little a lot of the voters on the right care about

so it was filed, it was filed in the ninth circuit. i actually think we might do well in the ninth circuit. it's an open and closed case. >> the president predicting this would happen last friday. there he is in the rose garden when he announced the emergency declaration. today taking aim at california's failed high speed rail system as a way of getting a dig on california leading the charge here with this action against his emergency declaration saying the failed fast train project in california where the cost overruns are world record setting is hundreds of times more expensive than the desperately needed wall. meantime, as his emergency declaration begins to make its way through the courts, the president has got plenty of other money that he can tap into immediately, charles, to build wall. he's got the 1.37 billion that congress gave him. he has $601 million from the treasury that he can tap into. he has money from the dod. all of that together, if you use the formula, that what congress gave him, would build 55 miles of wall. the

they go to the ninth circuit. in many cases, and in fact in most cases, it has nothing to do with the ninth circuit. it's a shame what they do. so let's see what happens. i can only tell you this, john. we're in a very strong legal standing -- we are doing it regardless. we haven't declared the national emergency yet and yet we're building a lot of wall. we're continuing to build a lot of wall. with, as we say in business, cash on hand. we're negotiating tough prices, we have a great wall system. it's very uniform. they used to have all these different systems, nobody knew what was going on. we have a very good solid system that looks good and is very powerful as a wall. >> but are you saying now you expect to declare a national emergency? >> i don't want to say, but you'll hear the state of the union and you'll hear what happens right after the state of the union, okay? >> are you going to wait until february 15 to do that? >> we're building now. the one thing i'm trying to stress to people because i wasn't befor

and they will sue us in the ninth circuit. even though it shouldn't be there.ruling. and then we'll get another bad ruling. and then we'll end up in the supreme court. and hopefully we'll get a fair shake. and we'll win in the supreme court. >> aside from being bizarre and somewhat disturb, that riff from the president today was actually a tell about his administration's strategy with the courts. they want their cases to go straight to the supreme court because they believe they have five conservative votes to win on everything. legal observers have actually noticed this for awhile, the administration keeps appealing rulings they don't like from district courts, that's the lowest level, straight to the supreme court, bypassing the usual appellate process in between, the appellate courts. it's highly irregular. they're already done it several times. daca, the travel ban, a lawsuit over climate change, just to name a few. today the supreme court gave the trump administration what they want, agreeing to leapfrog the appeals courts and adds a case about citizen to

courts on the same level, i can only shudder to think about if we had at the circuit level, the ninth circuit was going to be binding on all of the circuits. so, i don't know if you tended that. i threw this out there to all the panelists just to be a naysayer, i guess. >> my first reaction is who the heck knows what california courts are going to do? if i could respond, there are two types of a devices, there are horizontal which is the concept of the superior courts ruling in binding on inferior courts and that the contents of article which is a courts ruling being binding on courts of that same level. for example, the supreme court in a to the extent that it defers and gives way, we see vertical at the circuit court level where most circuits call it the part panel rule were the court is bound and-by what earlier panels have ruled on that issue. that is why circuit law or why circuit court rulings are binding at the level and you to go to the unbound circuit court in order to, if you want to reverse overturn a circuit court ruling and then, at the level of the district court, there was an a

trump: we will have a national emergency and we will then be sued and they will sue us in the ninth circuit though it shouldn't be there, and we possibly get a bad ruling and then we will get another bad ruling and it will end up in the supreme court. jon: all the time e courts are deliberating, it means there will be no substantial building work taking place. less building a wall tha hitting one. re is the problem -- there is a lot of fencing instructors, but -- fencing and structures, but there are places where it just ends, some people like this mother and child from guatemala can just walk around it. "my little girl is hungry," she says, "and i don't have any money." in recent years the mber of illegal immigrants trying to inenter the u.s. has been decline, and most of the drugs entering the country from mexico come from legal crossing points like ts one. but officers who back the president's call for a wall make this point about the problem subsiding. >> i would say that it has anged, but that is the equivalent of saying that if your house is getting robbed one day of the week, you are

president trump mentioned he -- predicted he would be sued in ee ninth circuit, and sur enough, hours his declarion the governor of california and attorney general of california said they would sue. jane: assuming he does get this declaration throh and secures the money, where would it come from? reid: the majority of e money would come from two pots controlled by the depart defense. one is military construction, construction of bases or facilities that the military might need to protect national security. that is somethg that president orge w. bush tapped into when he declared an emergency after the september 11 attacks in 2001. the second pot is a pot that dod can use to fight drugr interdiction oe border for -- now, they usually use it at the port of entries, where the vast majority of drugs come oss the border. at will come from that effort to fight those drugs to building a wall that president trump says. other drugs from coming in. jane: thanks for joining me. several people have been struck by gunfire following reports of an active shooter at a manufacturing facility in aurora,

whether or not the president is right in his sing songy view of how this is going to play out in the ninth circuit. it may come from the fourth, one of the more conservative circuits. >> general, your thoughts? >> it make tmess me terribly un to listen to this from the president of the united states. it sounded incoherent, there is no national security crisis on the border. there's an immigration and law enforcement challenge. by the way, we shouldn't ignore the fact that inside mexico it is a disaster of violence and corruption and incompetence. to that extent we should never back away from customs and border protection and the dea protecting america. but having said that, you know, the bottom line is can the president of the united states seize $8 billion or more of non-appropriated money and change it to his own purpose? if the -- it's not just a case for the courts to decide. everybody keeps going to the court system. the congress of the united states can and should overturn this emergency declaration. >> the chances of that happening, of course, are still tbd. julia, before we let you go here

if they can they will file it in the ninth circuit. here's what we have to understand.ne party is for securing our borders and keeping our community safe. another part, the draft party is for open borders and saying whoever wants to come in can come in. we have to make sure we stand up for the rule of law, judge. >> judge jeanine: couldn't have been said better. thank you both for being on this evening. next up on this special edition of hannity, the democrats continue to push their far left socialist policies. you won't belief what was suggested to. stay with us. amazon prime video is now on xfinity x1. so when you say words like... show me best of prime video into this... you'll see awesome stuff like this. discover prime originals like the emmy-winning the marvelous mrs. maisel... tom clancy's jack ryan... and the man in the high castle. all in the same place as your live tv. its all included with your amazon prime membership. that's how xfinity makes tv... simple. easy. awesome. ♪ ♪ >> judge jeanine: welcome back to this special edition of hannity. the rise of the r

loves to target the ninth circuit. >> josh? he loves to talk about them because his supporters and fox news talk about them and believe they're biased. >> thanks very much the russian president seems to issue a new threat against the u.s. and the u.s. homeland. pretty shocking words. we'll have that next. i hear it in the background and she's watching too, saying [indistinct conversation] [friend] i've never seen that before. ♪ ♪ i have... ♪ i have... welcome to fowler, indiana. one of the windiest places in america. and home to three bp wind farms. in the off-chance the wind ever stops blowing here... the lights can keep on shining. thanks to our natural gas. a smart partner to renewable energy. it's always ready when needed. or... not. at bp, we see possibilities everywhere. to help the world keep advancing. want more from your entejust say teach me more. into your xfinice remote to discover all sorts of tips and tricks in x1. can i find my wifi password? just ask. [ ding ] show me my wifi password. hey now! [ ding ] you can

will get a fair shake and will win in the supreme court just like the ban they sued us in the ninth circuit and we lost and then we lost in the appellate division and then we went to the supreme court and we won and it was very interesting because yesterday they were talking about the ben because we have a ban it's very helpful madam secretary is that right without the been would have a bigger problem we have a ban on certain areas certain countries depending on what's going on in the world and we won but somebody said president trump lost on the band well he's right i lost at the low could he repeated say that we ultimately won it the united states supreme court they don't want to say that they don't want to go that far they were saying how i lost the person sitting right up here donald trump lost on the band yeah i did and then i lost a second time you should have said that too and then it went to the supreme court and no one didn't want to take it that far. but we one of the band and we want to another things to the probably easiest one to win is on declaring a national emergency because

i don't think we have a good answer on that paul especially since the replacement nominee for ninth circuitt pick, kamala harris and dianne feinstein is as well they're not satisfied with any confession. >> didn't get any they got nothing. got nothing for it dan now let's talk about naomi she's one the deregulatory effort from white house office of the known -- she is ten years teaching at the george mason law school, she's expert on the administrative state and regulatory law which is perfect for d.c. circuit. so why do democrats dislike her? >> because her politics are qeivetive. it is simple as that and to prove that, they have to go scouring through things she wrote for her college newspaper. justice kavanaugh was 17 years old when his offenses were committed presumably. this just shows the depth to which the democrats have gone through this point and it kind of suggest that reality of their opposition. i mean, look at naomi this was an indian american woman who supposedly is the embodiment of the american ideal that diversity, the most liberals and progressives say they want now. but b

it's going to go to the ninth circuit. a bad result, something else is going to happen, a bad result, then it's going to get to the supreme court and we'll have a good result. >> or it'll go to the supreme court in not a timely fashion, so the president will get to ride this for a while. >> what's your sense of the president's road mapping of this? >> well, i think that's an accurate prediction. it'll go to the ninth circuit. then it'll go to the supreme court. the question is whether he'll be enjoying while the case is in progress. i hope he will be. this is a guy who does not respect the rule of law. rule of law is at the core of our democracy. and he's shown repeatedly that he has no interest in protecting, preserving, or abiding by the rule of law. the first president in history to violate our original anti-corruption law, the emoluments clauses of the constitution. the first time that a president has taken money that's not been appropriated, and used it for a fake emergency. i think you've got a lot of obstacles befor

host: we heard the reference to the ninth circuit. is that the avenue the cases would go through? guest: not necessarily. ,he california lawsuit california is one of the states and in the ninth circuit. that is a political talking point. the ninth circuit is considered more liberal than the other circuits, though that is not necessarily the case. you could have lawsuits filed and heard in any circuit and if the house of representatives challenges the misappropriation power, that could be heard in a different circuit. there are lower courts all over the country that could hear the case based on where injury is alleged. that is where the standing question and where the case is likely to be heard comes into play. host: from luther in massachusetts, democrats line. caller: good morning. visit theway to gettysburg battlefield. it is a marvelous place to visit. i recommend anyone interested in american history to visit. my question is, it seems congress has been giving its power to the executive in ways that are damaging to our system in terms of checks and balances. the constitution sa

they sued us in the ninth circuit and then we lost and then we lost in the appellate division. then we went to the supreme court and we won. >> joining me now is bob ferguson, the attorney general for washington state who has been a frequent legal thorn in the president's side. he's talking about you right there when he's going on like this. he's talking about you. you sued over the muslim ban. in fact, you've sued trump and his administration 33 times. is the president's national emergency declaration today going to be number 34? >> he there's a very good chance, don. and just for the record, we've filed 33 -- we have yet to lose a case, the state of washington. we're 16-0. eight of those cases are over. the travel ban, there were three versions. we sued him on the first one. after he won in the ninth circuit, he did not appeal to the supreme court. paid our cost and fees. that was a big loss for him so we're very satisfied with our record so far. >> the wall that the president wants to build is on the southern border. explain why washington state would sue. how are your resid

. >> and sue in the ninth circuit and possibly a bad ruling. >> hool rr lose the second round. >> andup in the supreme court. >> and the supreme court, the president is on solid legal ground. >> and we'll win in the supreme court. >> i believe when it gets to the supreme court, he's going to win. >> look, sean hannity has been a terrific, terrific supporter of what i do. >> i'm joined by op-ed columnist from the "new york times" and this is your vocation, your area of study. i guess my question is who is -- who is listening to whom? does he take the marching orders from hannity? does hannity run the interference for him? >> i get this a lot. fox news in particular and hannity, it's the lens which he sees the world. imagine i had the power to make you think a baseball is coming at your face. it's a reflex. and it's less direct instruction and moraboe about shaping the wd trump sees. they're more consistent with what he's sooing. it's not so much that they're the grand puppeteers and in some ways scarier that they're shaping his entire world view because that's the lens through which he

if they can they will file it in the ninth circuit. here's what we have to understand. party is for securing our borders and keeping our community safe. another part, the draft democrat party is for open borders, and whoever wants to come in can come in. we have to make sure we stand up for the rule of law, judge. >> judge jeanine: couldn't have been said better. thank you both for being on this evening. next up on this special edition of "hannity," the democrats continue to push their far left socialist policies. you won't believe what was suggested to. today. stay with us. ♪ a business owner always goes beyond what people expect. that's why we built the nation's largest gig-speed network along with complete reliability. then went beyond. beyond clumsy dials-in's and pins. to one-touch conference calls. beyond traditional tv. to tv on any device. beyond low-res surveillance video. to crystal clear hd video monitoring from anywhere. gig-fueled apps that exceed expectations. comcast business. beyond fast. ♪ ♪ ♪ >> judge jeanine:di welcome back to this special edition of