tom dupree joins us as does fox legal analyst greg jarrett. president trump issuing an ultimatum to dems and ry dems an congress. either fund the fall wall or face a shutdown of the government. >> it's time we had proper border security. we're the laughingstock of the world. we have the worst immigration laws anywhere in the world. lou: republican strategist ed rollins tonight, weigh in on the latest white house tactics to repair america's broken borders. and deadly wildfires raging through northern california. a trail of destruction. we'll have the latest breaking news on the efforts to contain those runaway fires. >>> our top story tonight, the president's fight against the mueller witch hunt. president trump summing it up in a tweet this weekend. the president said, quote, there is no collusion. the robert mueller rigged witch hunt headed now by 17 increased from 13 including an obama white house lawyer, angry democrats started by a garage lent dossier paid for by crooked hillary and the dnc. therefore the witch hunt is an illegal scam. the

joining me right now, former deputy assistant attorney general tom dupree. you know, tom, politics aside here, let's take a look at who judge kavanaugh his. walk me through some of his most significant decisions, and how you see him approaching the bench. >> absolutely. look, trish, i think judge kavanaugh is a fantastic pick. he is widely acclaimed as brilliant, thoughtful, a true constitutional conservative. faas far as his greatest histories hard to know where we begin. close to my heart, judge kavanaugh reined in the regulatory state. partly because of the court he currently sits on, d.c. circuits, hears appeals from agency decisions. judge kavanaugh is very aware over the last few decades in american life, agenciess started to overstep their bounds, gone beyond authority congress given them. gone i don't understand authority constitution has given them. he made, i don't want to say a project but a focus, about opinions, making sure the constitutional balance is righted. agencies and regulators are except to their proper constitutional spheres. trish: so

let's get the record from tom dupree. tom, i'm reminded that the judge you pick is not always the judge you get. by that i mean not that he or she ultimately makes to it the supreme court but not the philosophy that you thought they would bring with them. david souter comes to mind with george bush sr. not the pick he envisioned. i'm thinking of justice kennedy himself appointed by ronald reagan. one of his first decisions is one that did not open up in -- in fact, nail down the key proviso of roe v. wade. sometimes might not go your intended way. >> that's right, neil. the fact is as once you appoint someone to the supreme court, they're beyond your control. at that point, they're an independent actor and vote whichever way they want and the way their understanding of the law and their constitution takes them. having had and lived through the david souter experience, i think people and republicans and conservatives in particular are aware of this danger. that's the reason why this has been a careful thoughtful process. ma

former deputy assistant attorney general tom dupree.k about from a political level, go to you, jehmu, that will motivate basically a lot of folks on the left and the right? is this political strategy in addition to him wanting to get his wall? is he really trying to rally the base and get them excited going into the midterms? >> well, trish, you know it is hard to get into president trump's head but in this situation certainly seems like he thinks that the government is his toy and he really needs to get out of the sandbox and understand shutting down the government is serious matter. trish: okay. >> this is why mitch mcconnell and paul ryan do not want this to happen. trish: so you don't think this is political strategy to certain extent? >> if it is a political strategy he is handing democrats a gift. threatening to shut doesn't government before midterm elections is not going to play well with the american people. trish: i give you this, nick adams, no one likes it government shut down, they blame any politician they can for it. that

former deputy assistant attorney general tom dupree. tom, this was a moment for the president to say, stand strong on this issue, look, enough's enough. whatever happened, but it better not happen again. then this offer on the part of vladmir putin to say, you know, you can come talk to these guys. this would be like me offering dietary advice to people, my volunteering i will help you with the salad. you don't want to go there, tom. i'm just saying, it is crazy. the whole thing is crazy. i don't think it makes this president look good. what do you think? >> neil, what i was hoping to see today and what we didn't see a forceful condemnation of russia's interference -- neil: there was none of that. not even a hint of that. zilch. >> that is what i wanted to see. all well and good for the president to talk about the strzok and server and hillary clinton and all of that. but this wasn't the time and the place this is the time and place for the president to look putin squarely in the eye and said you will be punished for what you did in 2016

ed: assistant attorney general tom dupree, keep it clean. first of all the $22 million the president talked about, the white house is getting frustrated these things go on. >> he has been beating this drum for a long time in his remarks show he is going to keep beating his drum until midterm elections. he has been getting traction but if you look at poll numbers, the contents of the mueller investigation started at a high level, and harping on the scene. ed: is it politics or legitimate beef that some weeks ago he and his allies saying we had a year in may the mueller investigation has been around, put up or shut up and we hear he is not winding down, he is adding more prosecutors. >> these develop similar investigations brought an independent counsel investigation. mueller got a bunch of different battles he is fighting on, and different targets so it doesn't surprise me. >> different crimes, some don't have to do a lot with russia. marshaling resources where he needs it into position himself so when he focuses on russia or closes that down

. >> well joining me now former deputy assistance attorney general tom dupree. >> thank you.h the left. that aversion to president trump, despite his record of acompany blu plish am a-- accomplishment, achievement and appointment of neil gorsuch, now judge kavanaugh. why in the world is it to democratic benefit to carry out this scorched earth policy of theirs. because it looks like he assured of all but assured of confirmation. >> yes, lou, i too was surprised by the vi -- with which democrats have all right attacked brett kavanaugh, i believe he is untouchable. the contribute itc criticism let him is not going to stand up to scrutiny with people read the thoughtful, measures writings, he is a smart, measures modest judge. it will come through, if democrats think they are getting strategic advantage, they have miscalculated. >> i don't think they have a strategic advantage in anyway politically in this country right now, they are revealing themselves for what they are, petty even -- venomous, partisan without relief, relentless in their ignorance. this is mind boggling to se

tom dupree joins us as does fox legal analyst greg jarrett.ssuing an ultimatum to dems and ry dems an congress. either fund the fall wall or face a shutdown of

. >>> joined by assistant attorney general tom dupree, kimberly atkins, chief washington reporter for "the boston herald" and ms.s in contributor. jonathan allen also at the table. tom, to you first, broadly here. is rudy guiliani at all in trouble for what he just said? or is michael cohen more in trouble for what rudy guiliani is talking about? >> hallie, i can't make sense of what rudy is saying. and rudy likes to freelance a bit. >> a bit? >> and it's difficult to tell times whether he's actually intending to make news or whether he's actually intending to make a disclosure or whether he just didn't phrase it the right way. i agree, if it turns out there was a premeeting before this meeting at trump tower, that is very significant. it does seem a little peculiar that rudy, if that is what happened, would disclose it in this way. >> although he seemed to be saying that cohen was lying about this meeting anyway, so he was bringing it up just to bat it back down. >> but why even go down there. what's that's puzzling about this. >> there is also this piece, broadly seen under the umbr

tom dupree served as a former lawyer for george w. bush. he is a partner with gibson and dunn. gentlemen, welcome. the legal issues that could arise here? >> there are a number of them. the first question is, is there anything on this recording that somehow implicates the president in making an impermissible payment? for example, you could have a potential violation of campaign finance laws. on the other hand, rudy giuliani has already said that this recording is exculpatory. the jury is out on that. we don't know what it says. base and what giuliani is saying, this shows that trump had no knowledge of other payments. in fact, according to giuliani, trump made no payment to mcdougal. we need to see or hear what is on that tape before we can conclude what the legal implications are. >> the "national enquirer" is the one who ostensibly made a payment to karen mcdougal. paid her in exchange for her story. she would get to become a columnist. that never panned out. she has been suing the nation"nl enquirer" for that. because the president did not pay her directly but we know there

let's bring in tom dupree former assistant attorney general under george w. bush.ram this morning. so here we are. here is the deadline for the d.o.j. to turn over those records. >> i have to say while i'm happy they turned over additional documents i can't say i'm surprised by the fact that at least the initial reports are that they aren't fully in compliance. this isn't a battle not going away. this is a fractured relationship between house republicans, senior d.o.j. leadership and anyone's guess where it will end up. the house republicans are determined to get these documents and determined to take whatever steps they need to insure they get them. >> sandra: all right. by the way we have a lot more breaking details coming in on the mueller investigation and the president's pick for the supreme court. we want to get to all of that. >> leland: now it's three days until president trump announces his supreme court nominee. speculation is growing over who he is going to pick. the president spoke about his big decision at a rally last night in great falls, montana. >>

let's bring in tom dupree. you had four from which to choose. you think kavanaugh would be the one? if so what do you think now? >> i think brett kavanaugh is a fantastic choice. all four finalists would have been terrific choices. judge kavanaugh is supremely qualified and the president hit a home run with this selection. >> bill: what's the issue? >> the issue is figuring out how to get him through the senate. republicans have a strong hand to play and a good chance of picking up 53, 54 votes total. all the attention we'll see over the next month will be focused on the swing democrats and potentially swing republicans. >> bill: we'll get reaction from kellyanne conway next hour how some of the meetings have gone with the president two weeks ago. here is the reaction you had last night first of senator elizabeth warren at the supreme court right around the time of the announcement. watch. >> he thinks presidents like trump should be above the law. and conservatives know he would overturn roe versus wade. >> bill: this is a rally that went on fo

tom dupree, you have seen a lot giuliani's interviews. >> what's relevant is the parties are coming togetherhey will reach an agreement. we've seen the president's team shift a little bit. first they said they would never sit down with mueller and now under certain conditions. we'll see a lot of movement probably in the near future. my prediction is they reach an agreement and set terms and conditions that the president will submit to an interview with bob mueller. >> bill: here is giuliani earlier today on "fox & friends" making the case about no obstruction. >> this is the theater of the absurd. the president is innocent having done nothing wrong has been proven over and over again. he made no deals with russians. the obstruction thing is crazy. he had a right to fire comey. that's what it's all about. he had a right to say to comey, give flynn a break. in investigation at the time. >> bill: is there anything wrong with what he said? >> you know, i think he has a valid point when he said the president is the head of the executive branch and generally speaking he has the right to hire and f

the first speaker is dave warner, cindy charles, allayed at dupree. tom schwarzkopf, sorry, tom. ian ran, peter, i'm sorry, duck meyer. and mark gonzales. did everybody get that? dave? good afternoon. >> good afternoon. it is an honour to speak with you today and thank you for serving on the commission. as you are likely aware, a number of people including president kwon and mr ritchie have been graciously meeting with a number of us representing the environmental interests and commercial fishing interests. most recently regarding the socio- and economic studies. again park thanks to you, a couple of these meetings included the author of the studies. in the most recent meeting, he took us through an excellent level of detail of his study. they provide us with references to research papers and other documents that led to the studies. we have reached some preliminary thoughts about those reports and how they have been interpreted. however, before sharing the information more broadly, we have requested a meeting with them to discuss our thinking and possible conclusions with them. t