>>judge napolitano: yes.hepard: so rather than changing the rules we have decided without deciding to break the rules. >>judge napolitano: there has been an age old argument and lawyers and law schools and legal scholars and know this, whether the rights protected by the constitution protect all persons or just americans. a lot of us who follow these things for a living thought once and for all that argument was resolved in favor of protecting all persons. the language says "persons," not pens. on paper it looks trek but in the application of it the supreme court has allowed lower court federal judges to eviscerate, to destroy, to gut, to render useless the opinion. darned if we know why. >>shepard: so what is happening rather than following the rules they release the people. in other cases holding them forever without going through the process. >>judge napolitano: going law the process, a trial judge says this is not competent evidence you cannot base a conviction on this i will order the person freed. the g

>>judge napolitano: the teacher is gone and will be prosecuted and should be.athan: i can't believe a teacher would think this is a good idea. >>shepard: that is or the of an absolute, isn't it? it is nuts. rain it is kind of nuts. >>shepard: you say it might better the child. >>randy: it is a creative way to better the child. but i don't think it is a crime. creative. creative. >>shepard: they would be all over you. so, what do you think happens here? >>judge napolitano: sometimes these things are resolved and the teacher resigns and loses pension rights and lose tenure and it is over. or, depending how aggressive the prosecution wants to get they will prosecute her and a jury will have to hear the case and randy will get admitted to practice law in texas so he can defend her. >>randy: if for no reason, why put the kids through more because if a criminal prosecution they have to testify. look what is happening in the sandusky case. >>shepard: all right, randy, judge, done. what is going on behind closed doors at the supreme court? they heard arguments about th

we'll hear from janet napolitano coming up.or the impact in states like new mexico, nevada, possibly colorado, critically battleground states in the election come the middle of november. breaking news on friday morning on america's live. martha: a lot more on that throughout the hour. how about this. ten years to economic recovery? new reaction today to president obama's economic blueprint for america, the president telling voters to sit tight. the speech comes after yesterday's weak jobs reports. new applications for unemployment benefits spiked to 386,000 in the previous week on top of an 8.2% unemployment rate, an upper movement the previous friday. his comments on economic recovery made in the swing state of ohio, minutes after that governor romney took to the stage, spoke in the same state. president obama says he needs more time to fix the economy, while mr. romney says we are heading down the path of europe. >> this was not your normal recession. throughout history it has typically taken coun countries up to ten years to

>>judge napolitano: he probably is. you know, it was an investment which he believes he was entitled to a lot more money. it is a question of, believability. who does the jury believe? in the test throw the case out, the judge reviews the allegations and the judge reviews the laws. and the judge basically said in this case, very well-known, very well respected federal trial judge has been involved in a last cases involving b.p. and the oil spill and the gulf of mexico, and a jury is going to have to call it. but, you guys are not just going to send your expensive lawyers to the court almost. you are going to sit here yourselves and watch all the testimony in this case. and then about after two or three days i will say, guys, do you want do settle or do still want to keep going? >>shepard: a bet on settles, randy? >>randy: great point by the judge. that is why he is making them it is there because they have better things to do with their team. but the critical evidence in this case is going to be whether or not cost per

judge napolitano knows.>judge napolitano: very unhealthy and unpleasant subject matter because you have the first amendment which protects political speech. it is the highest category of speech we have. political speech has been wild and crazy in this country going back to 17 96 and judges are told to allow the maximum latitude for speech. if someone says i want to kill governor walker is there an intention of that that doesn't mean end his wife. might the word "kill," mean kill his effectiveness or his plans or governorship. if there is a noncriminal interpretation of the political speech, the courts are to give it that interpretation so --. >>neil: do you think that is true for the president? >>judge napolitano: great question. she should. but they don't. there is so much sense test around the president and the vice president, to days ago the supreme court of the united states all norrized the arrest of someone who shook deck cheney's hand, right hand to right hand and patted the then vice president on the

>>judge napolitano: in a word "no." use foul language in public and you can use it in private because it is protected by the first amendment because the supreme court said so. including a case involving the very worried he use which we would have heard if you did not beep them out. >>neil: that was protected speech? >>judge napolitano: yes. new jersey you were responsible for the degrading of our nation. >>judge napolitano: a case i represented after i live the bench, a very famous basketball coach who used the f word toward a reporter who asked a question he did not want to answer much the court ruled that word is an intensifier, it is part of our language, and it can be used with impunity in public. i suggest to you that the massachusetts supreme judicial court will rule the same way the first time someone is fined. >>neil: we were saying at fenway park they could balance the budget of the state of massachusetts in one game. in one game. >>judge napolitano: don't the police have better things to do than go after polic

it's to make it for all those people. >> janet napolitano says this is not amnesty.atus to work and be productive in the united states. she's also saying it's not the dream act. as a result, the department homeland security can change the policy guidelines. it's not even an executive order signed be the president. >> i've been a federal official for 30 years. you think they will keep track of two years? they willextends it to five and it will go on and on. it is a complex problem. i can understand that. this isn't the right thing to do in an election year to throw this out right now before the election. that's sad, very sad. >> will this make your life as a sheriff easier now. now you sdroedon't have to worr about these thousands of young people if they apply for this new status, they will be legal. you don't have worry about them. >> i like to worry. i do my job. i'm enforcing the laws. the laws are there. i'm going to enforce it. i'm not worried. we're going to continue doing what we have been doing for all these years. >> it just means you'll have less people to l

>>judge napolitano: it's not.he government is showing incredible deference to public officials when it comes to public safety and incredible negligence, ignorance or unwillingness to enforce free speech rights. >>shepard: you know what the government should do is just "drone," then. >>judge napolitano: that is coming. how could it be a criminal event to say to the vice president of the united states i like you or your politics are disgusting. >>shepard: if you believe the pundits wisconsin recall election is about more than just state politics. a lot more than that. what the outcome can tell us of the power of unions and campaign cash. main hi campaign cash. millions of dollars from somewhere else, a system that is flat broken. period. period. fact. not opinion. and the united states touting the droning of al qaeda's number two terrorist. we droned a terrorist from another country. against the wishes of the government. at least we did not kill one of our own citizens, this wasback's number -- al qaeda's number two

>>judge napolitano: but it is not forever.kruptcy basically protects the bankrupt estate from their creditors. >>neil: but everyone judge has to get in on whatever prescriptions were offered to gets the books in balance. >>judge napolitano: yes the judge's job is to reduce the obligations fairly. that doesn't mean equally. but it means fairly based upon who needs the money. who can produce the work. what are the legitimate needs of the community. but, this will be quite a hair cut for the unions the likes of which they not accustomed to taking because political support will not help them out. this is a life tenured federal judge who will make the decision. >>neil: a lot of the airline bankruptcies in the 80's and 90's and the argument from labor was, they love bankruptcy because they can just abrogate everything they promised and start fresh. and we get screwed. be that as it may and people can argue that, do you think if stockton could succeed and get the books in order other cities and or states would be affected to do the s

>>judge napolitano: new you are talking, yes, correct, this is a different matter, the house will have to vote, the full house, to hold him in contempt and a federal prosecutor, attorney general eric holder is the chief of the federal prosecutors, would have to seek an indictment, get an indictment, and prosecute him, the same courthouse in which roger clemens was just prosecuted for contempt. >>shepard: governor romney now has a position on illegal immigration next. ♪ why not make lunch more than just lunch? with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred. >>shepard: governor romney weighing in on president obama's order to halt hundreds of thousands of deportation. this applies to illegal immigrants whose parents brought temperature to the united states as children. speaking in florida the republican presidential candidate will replace the president's new policy with a policy of his own. and carl cameron is live in washington. hispanic voters organization is an enormous bloc. did he have specifics? >>carl: he d

now what the president is doing is having napolitano do selective law enforcement. the law is still on the books. if you are here illegally you ought to be subject to deportation. there should be no selection between people who won't be deported and who who will be deported. if you break the law, you will have to suffer the consequences. that's called equal protection of the laws. which is something our constitution guarantees. >> brown: of course the argument here is that these are young people who came through no fault of their own, no responsibility for why they're he. they have been here for a long time, they know no other country, really. they have been through school. they may have held a job. they may have served in the military. you're arguing still they should be deported? >> they should be subject to deportation. and what the president and secretary napolitano seem to be doing is to say okay, we will give 800,000 illegal imgrants-- immigrants two year work permits that can be renewed indefinitely. and that's 800,000 more people who are competing for jobs a

>>judge napolitano: new you are talking, yes, correct, this is a different matter, the house will have to vote, the full house, to hold him in contempt and a federal prosecutor, attorney general eric holder is the chief of the federal prosecutors, would have to seek an indictment, get an indictment, and prosecute him, the same courthouse in which roger clemens was just prosecuted for contempt. >>shepard: governor romney now has a position on illegal immigration next. ♪ why not make lunch more than just lunch? with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred. [ male announcer ] for our families... our neighbors... and our communities... america's beverage companies have created a wide range of new choices. developing smaller portion sizes and more low- & no-calorie beverages... adding clear calorie labels so you know exactly what you're choosing... and in schools, replacing full-calorie soft drinks with lower-calorie options. with more choices and fewer calories, america's beverage companies are delivering. >>shepa

>>judge napolitano: do they respect the constitution on v?hepard: they have their own set of rules. and snooki is as weird as ever. never seen lance armstrong on there but he could probably beat the werewolves and the other wolves on there. >>shepard: if you have dvr you should record "true blood." it has just begun for the season. >>shepard: the newsroom is on after "true blood." of course i will want fox news channel as i always do. well, serious political struggle in egypt now. did you hear about this and it is serious a high court ruled the nation's entire parliament is invalid because the elections were unconstitutional. here is a blow to democracy. after the arab spring protest that forced mubarak out of office. the muslim brotherhood which opposed mubarak, had a majority stake in the parliament after the arab spring. and egypt is set to choose the new president this weekend in a run off election but with the court ruling that president will likely take office without the balance of any parliament. what is more the court also allows mub

>>judge napolitano: we have a complex situation because this is called criminal contempt.ng he would need to be prosecuted for it by a federal report and a federal court and he himself is the chief of all the federal prosecutors. so the leadership in the house of representatives would then either have to hire a lawyer or persuade a federal prosecutor to seek the indictment of the attorney general for contempt of congress if he is indicted he would be tried before a judge and jury if federal courthouse where roger clemens was just tried. where his team prosecuted roger clemens he would be a defendant in this courthouse in this criminal prosecution for contempt. >>neil: they can battle over what type of documents they want. the house seems to want everything. and i guess the attorney general said, i will give you synopsis, or, a cursory report not the real dive in the detail stuff. what will satisfy speaker boehner republicans or does this get full-blown and they get every little detail and every e-mail and correspondence? >>judge napolitano: if he is held in con democratic

judge napolitano joining me right now. judge your quick reaction?litano: i agree with your guest a few minutes ago that roger clemens should not have been prosecuted if this. quite frankly it is none of the government's business what the contents-his blood was. this is thing is trial. the first trial was a mistrial when the government introduced evidence the court excluded. this is the second trial. so the taxpayer has spend $3 million in the prosecution of this but roger clemens has spend about the same defending it. i believe it is a just result. as a yankee fan i'm happy about the result. but as a taxpayer i am not happy with the waste of government time and money in pursuing something as insignificant as this. >>neil: tamara? >>guest: well, there was not a lot evidence there but for the fact he was accused of lying to congress. how did they back that up? well, it is a big victory if baseball. because now you are saying to baseball and to baseball players, these are two separate issues. criminal. and the issues of baseball. and how you regulate t

president, homeland security, my former governor, janet napolitano, followed the law. this game of choosing and selecting for political purposes, because my great fear, this is all a political stunt about re-electing this president. >> one of the quotes i have seen reference to it from either you or your two colleagues, that this is purely retaliatory against arizona. >> yep. >> you say yes? >> yep. absolutely. well, how could it not be? think of the time. the key issue in our sb1070 decision from the supreme court, you know, gets upheld, and within hours my state is given a memo saying we just aren't going to play with you anymore. so even though you arrest someone that is undocumented that is in my state illegally and in my country illegally, we aren't going to play with you. we aren't going to help you, we around going to work with you. we around going to provide the resources that i think is legally obligated to perform. >> i did a little quick count. looks like you have three members of congress that are democrats, and i know it's a very important issue to your st

>>judge napolitano: they is trying to find some cover and trying to spined -- find some good news whichguts the statute. she hasxdÑi a huge con state anr with huge concerns and a legislature that tried to address it. but what the supreme courtxd sa, said if a state feels the federal government is not enforcing federal immigration laws, it may not stand in the shoes of the federal government and enforywñ the laws for the federal government. stated differently, if you don't like the way the federal government enforces the laws, change the congress andÑilp chae the presidentxd but do not tinkr with the constitution. >>shepard: but they they are trying to do the work the federal government is not doingd and the governor declared victory. >>judgei] napolitano: i amok not sure what the governor was declaring victory about other than the political benefit of a politician declaring victory. if police canxd only inquire abt your immigration statusl0v on the new egyptian leader as hinted today by the state department spokeswoman. listen. >> we want to see president elect morsi take steps to advan

janet napolitano says we are not going after their parents, it's not the deal. >> the undermining, the parents need to get their paperwork in order, go back to their country of origin and help their children. they have done a horrible betrayal of their children. it's terrible. >> appreciate your time and your opinion on that. thank you very much. a lot of opinions to go around on this one. >> appreciate it. >>> make sure you stay with us. at 8:15, we'll hear a perspective from another side of the issue. we'll hear from a woman who is an undocumented immigrant. >>> a subject we hear about on the news. when a fifth grader in new york tried to give a speech about same-sex marriage, the pirincipl pulled the plug, said no way. how they compromised. [ male announcer ] citi turns 200 this year. in that time there've been some good days. and some difficult ones. but, through it all, we've persevered, supporting some of the biggest ideas in modern history. so why should our anniversary matter to you? because for 200 years, we've been helping ideas move from ambition to achievement. and the next

nos costó diez años atrapar a bin laden peroo encontramos, es lo mio que pasará con guzman, dijo napolitanoto seria un gran golpe para el partido que venza en las eleccionees. >>el gobierno de felipe calderón no lo detendrá jamas, no puede, porque el convenio de proteccion >>icion ismo tiem se aprobo la n extradición de la reina del pacífico.n no runiv >>regreso con ustedes. >>a poco más de veinte dias de las eleccies en méxico, las empresas encuestadoras son objetoe criticas por la variante que demustran. >>manuel andrés lópez obrador en@@e peñat uni-to.ion nounionre r cier@@@@not unicion ptision e ansmitpornot edicio rptgalaivis univnon eli-edicno rptunivis10j diferenciaion@@ 16.8 millones p sobre los demócratas >>ahora vamos a otro tema, una liias d@@@@uni-edcondn no r,uni reedicioda rpt en nuevo méxico. >>lo que@@@@not uni-edicion no cometidos contra niños indefensos, también dirigía una red de pornografia infantil. >>niños que fueron violados pero noisionpudi pedi ada, not nedi tener e mínima para darse cuenta delunivis crimen que comn contra ellos >>david de 26 años convencía a los pa

costó diez años atrapar a bin laden pero lo encontramos, es lo mismo que pasará con guzman, dijo napolitanoo seria un gran golpe para el partido que venza en las eleccionees. >>el gobierno de felipe calderón no lo detendrá jamas, no puede, porque el convenio de proteccion es muy fuerte y sigue siendo muy solido@@@@not uni-edic >>al mismo tiempo se aprobo la extradición de la reina@@@@not n >>regreso con ustedes. >>a poco más de veinte dias de las elecciones en méxico, las empresas encuestadoras son objeto de criticas por la variante que demustran. >>manuel andrés lópez obrador dijo estar apenas 2@@@@not uni-. not r cierediciounionnoi-edicel ansmitporgasion@@@@uni-ed n noio univn el@@@@t uni-ion nounivis a primera ocasion en que mitt romney recauda más dinero que su rival barak obama >>40.1 un millón de dólares. >>en mayo mes en que mitt romney se afianzo como el virtual candidato a la presidencia por el partido republicano. >>así que la batalla del dinero para los republicanos diferencia de 16.8 millones por sobre los demócratas >>ahora vamos a otro tema, una liicion ias dunivn coir,fuenot

janet napolitano is going to talk about that. then also the president will come out at 1:15 today and make his announcement as well. in the meantime, we're waiting for the republican response. specifically, from mitt romney, who is now in new hampshire. he's on his bus tour. he's been trapsing the country. yesterday raising almost $4 million. the president raising $4.5 million yet. but he's making his campaign stop. he's in new hampshire. we'll continue to monitor that. this is going to affect the election, this whole announcement coming in an election year. the criticism is going to be that this is political from the republicans and also they are going to say this is in exact opposition to our immigration policy. they will talk about the jobs that it's going to take from americans. you can expect to hear all of that from the candidates and the president will talk about why he is in support of this particular policy. >>> want to talk about greece on the final day of campaigning on sunday's do over elections. greeks have a day and

code and to give you a legal answer or go up to napolitano's office. we also know that jan brewer in arizona can't decide to do what the federal government according to the constitution is entrust to do. megyn: stay focused on this. do you believe that he -- >> i can not give you a legal answer to that question. i do not know. megyn: politically see a problem for him what he just said right there. >> i don't know about political but he is doing the right thing. he empowering people. megyn: what happened i can't do it. >> there are certain things he can do and can't do. the question can he allow people to come in already here. he is not --. megyn: is this a naked political move? this is the ap reporting about that. >> backers will say that. megyn: this is ap talking about this. the step comes one week before he plans to address the national association of latino elected and appointed officials annual conference in orlando. mitt romney also expected to talk to that group. and they talk about how this is an election-year initiative that address as top pri

i'm going to talk about that and much more with the secretary of homeland security, janet napolitano. critics who are calling all these changes pure politics. >>> plus, new developments in the spy scandal involving china and the united states. focus lolo, focus let's do this i am from baltimore south carolina... bloomington, california... austin, texas... we are all here to represent the country we love this is for everyone back home it's go time. across america, we're all committed to team usa. scroll... tap... pinch... and zoom... in your car. introducing the all-new cadillac xts with cue. ♪ don't worry. we haven't forgotten. you still like things to push. [ engine revs ] the all-new cadillac xts has arrived, and it's bringing the future forward. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk

. >> host: did the fact that the homeland security secretary, janet napolitano, having been from arizona have any role in this? >> guest: absolutely. her former staffer, former u.s. attorney for arizona dennis burke, served as janet napolitano's staffer when she was the attorney general of arizona and served as her chief of staff while she was governor of arizona and followed her into the obama administration as her senior homeland security adviser before president obama appointed him to u.s. attorney in arizona. now, he was the guy who oversaw trafficking of guns into mexico from the ground level on the doj side, and the memos prove that he was in full approval of these guys coming into gun shops, buying guns and sending them back to mexico. >> host: would this be a story, would there be a book if not for the tragedy that befell the terry family? >> guest: unfortunately, probably not. this was something that was swept under the rug and kept from not only the american people, but the mexican people as well. there are hundreds of faceless, innocent mexican citizens who have been murdered

>>judge napolitano: it is appalling this is no talk about the substance. the substance is, the president looks at pictures and bios people and decides who is to kill, even mothers, without judicial process or declaration of war. the substance is that the president has directed the c.i.a. to do this because if he directed the military, this would have to be public reporting, and the substance is that the president has the american intelligence community fighting a cyber war against iran. which is the moral equivalent of war. but in declaration of war. these people complaining of the leaks is not complaining about the profound constitutional and due process violations that the president is engaged in. >>shepard: how is it, you wonder, that the president of the united states, the president of the united states according to the reports, has a list of people who have never faced justice, who have never had a lawyer, who have never faced accusations and never been through the court system, the president of the united states chooses who the people are, sends our

he served as napolitano in the's staffer when she was the attorney general of arizona and served as her chief of staff while she was governor of arizona and followed her into the obama administration at her southeastern homeland securities a individualor before president obama appointed him to u.s. attorney in arizona. he is the guy who oversaw trafficking of guns into mexico from the ground level on a doj side and the memos prove he was in full approval of the guys coming into gun shops, buying guns and sending them back to mexico. >> host: would there be a book if not for the tragedy that befell the terry family? >> guest: unfortunately probably not. this is something that was swept under the rug and kept from not only the american people but the mexican people as well. there are hubs of faceless innocent mexican citizens who have been murdered as a result of this but the only think that we knew outside of the government program was that guns from american gun dealers were going into mexico and causing all these problems with the cartel when really the government was sanctioning these

cstó diez años atrapar a bin laden pero lo encontramos, es lo mismo que pasará con guzman, dijo napolitanogran golpe para el partido que venza en las eleccionees. >>el gobierno de felipe calderón no lo detendrá jamas, no puede, porque el convenioe protecci es muy fuerte y sigue siendo muy solido >>al mismo tiempo se aprobo la extradición de la reina del pacífico. >>regreso con ustedes. >>a poco más de inte dias de las elecciones en méxico, las empresas encuestadoras son objeto de criticas por la variante que demusan. >>nuel andrés lópez obrador dijo estar apenas 2 puntos sobre enrique peña nieto. >>r cierto debate se transmitirá por galavision y univisión el 10 de junio. univisión lo retransmitirá a las cero horas del domingo. >>ahora pasamos a las elecciones enestados idos ,mayo marca la primera ocasion en que mitt romney recauda más dinero que su rival barak obama >>40.1 un millón de dólares. >>enayo mes en que mitt romney se afnzo como el virtual candidato a la presidencia por el partido republicano. >>así que la batalla del dinero para los republinos una ferencia de 16.8 millones por s

cristiana de desarrollo comunitariotenemos que seguir diciendo a napolitano, al presidente la solucion no es mas deportaciones y que esta afectando a esta comunidad que creo dicen que apoya, no? por su lado, la conferencia nacional de obispos catolicos comunico que trabajaran con los grupos evangelicos en busca de soluciones sindicalistas y organizaciones comunitarias unen sus esfuerzos para asegurar que todos los votantes puedan hacer valer su derecho constitucional y sus votos sean contados en las elecciones presidenciales.. las campaÑas siguen como viento en popa... para proteger los derechos de los votantes e en estas eleleccione presidenciales... "establecer un sistema para educar a los votantes sobre sus derechos, informarles lo que necesitan, cuales son los requisitos para votar.." en washington, es el momento de decir, no nos vamos a dejar" simpatizantes de dichas leyes seÑalan que son dirigidas para combatir el fraude electoral... en florida por ejemplo, se esta utilizando los datos del departamento de motores y vehiculos para detectar y eliminar a las una c responde, losolame

this morning secretary napolitano announced new actions my administration will take to mend our nation's immigration policy, to makes it more fair, more efficient and more just. specifically for certain young people sometimes called dreamers. these are young people who study in our schools, they play in our neighborhoods, they're friends with our kids, they pledge allegiance to our flag. they are americans in their heart, in their minds, in every single way but one -- on paper. they were brought to this country by their parents. sometimes even as infants, and often have no idea that they're undocumented until they apply for a job or a driver's license or a college scholarship. put yourself in their shoes. imagine you've done everything right your entire life, studied hard, worked hard, maybe even graduated at the top of your class, only to suddenly face the threat of deportation to a country that you know nothing about. with a language you may not even speak. that's what gave rise to the d.r.e.a.m. act. it says if your parents brought you here as a child, you've been here for five years