we briefing with dana perino starts right now
fox news alert the Supreme Court upholding president Trump's travel ban
preventing people from several mostly Muslim countries from entering this one
hello everyone i'm dana perino and this is the daily briefing
the High Court ruling was a close one 5-4 decision affirming the president's
authority to regulate immigration president Trump praising the ruling just
a short time ago a tremendous success a tremendous victory for the American
people and for our Constitution this is a great victory for our Constitution we
have to be choppered we have to be safe and we have to be secure at a minimum we
have to make sure that we vet people coming into the country chief legal
correspondent and anchor of fox news at night shannon bream is standing by
outside the court shannon i know this is as you call it your super bowl day when
all the Supreme Court decisions come out this is a big one tell us what you know
well they got to this position Dana by sticking strictly to the text of both
the federal immigration law and the text of the proclamation that's what the
White House has called it a lot of people refer to it as travel ban 3.0
they stuck to those things just the text and not the statements made by President
Trump both when he was a candidate and after he was sworn in the Chief Justice
writing for the majority had this to say quote by its plain language federal
immigration law grants the president broad discretion to suspend the entry of
aliens into the United States the president lawfully exercised that
discretion based on his findings following a worldwide multi-agency
review that entry of the covered aliens would be detrimental to the national
interest now there are countries who've worked their ways off the list by
actually complying with the u.s. request for more information and more thorough
vetting so the administration says it's working as it should two separate
dissents though both very pointed today justice Sotomayor said even though this
is the third version of the band she's not buying it
this quotes from her dissent but this new window-dressing can i conceal an
unassailable fact the words of the president and his advisors create the
strong perception that the proclamation is contaminated by impermissible
discriminatory animus against Islam and its followers so she felt that the
things the president had said some of his surrogates had said on the campaign
trail and after and on Twitter should have been factored in and she said if
you would look at all those things together that you would reach the her
conclusion that this simply was driven by religious animus now the case is not
over we want to make clear for people what was at issue here was essentially
injunction an injunction so the Supreme Court has told the lower court tossed
the injunction we think that the plaintiffs don't have a good chance of
winning this case but now you actually have to decide it on the merit based on
all of the guidance from the Supreme Court today the administration feels
good that they'll do well as it goes back to the lower court but it's not
over yet and Dana wouldn't be surprised if it winds up right back here well in
key to the president's victory was that the initial travel ban as announced in
the chaos that resulted was then rescinded and then a different executive
order much more targeted including countries like North Korea and Venezuela
not Muslim countries but that was the key to the president's win today yeah
and you know essentially the Chief Justice wrote to there's been a lot of
talk about the animus behind this but the text of the proclamation itself does
not mention religion he said listen the plaintiffs complain that five of seven
of the countries still on the list are muscle majority countries but he said
listen it's not very effective if this was supposed to be a Muslim ban because
it only impacts 8% of the world's Muslim population so they stuck to the text
they didn't take in those outside arguments and statements and said based
on the face of this thing alone we find that the president is acted lawfully he
has this power under federal law he and any other president who would do
something and craft it this way we find it's permissible right all right Shannon
brain thank you for that and we'll check in with you because there's more to come
from the Supreme Court before their session is and for more I am joined by
Bret Baier he's anchor of special report great to have you on the program this
was a long time in coming and there's about a year and a half ago in January
of 2017 right after the president had taken office that all of the the
eruption of opposition to the President on this particular issue but they called
a Muslim ban really took all the headlines remember that but then the
president reissued the executive order made it much more targeted much more
narrow and I think that's probably what led to his victory in the Supreme Court
today your thoughts clearly and I was simply looking at the document looking
at the Constitution and making an assessment and this 5-4 ruling does just
that if you look at the majority opinion remember this is the third iteration of
the travel ban and it was a rocky start on the rollout much perhaps like the
rocky start on the zero tolerance and there's similarities
there and the beginning of those policy decisions but this is clearly according
to the president a huge win for him and he believes the books closed on this
there probably will be more challenges but not on that specific issue
yeah I'm perhaps not on the merits but the politics are gonna be there senator
Cory Booker of New Jersey had this to say earlier watch where a president that
wants to tear families apart this is a moral moment in our country when the
Supreme Court decided today is not just wrong it is dangerous it makes us less
safe and it undermines the values of our country and we are not defined as a
nation by what happens to us we're not defined as a nation by hateful voices
I'm curious about that if you just talk about on the merits he thinks that the
Supreme Court got it wrong fine but I'm not sure what he it's persuasive when he
says that we are less safe because of it I mean that's a really tough argument to
make I mean the the stipulation here is that these countries have to meet a
certain bar on who they're screening and how they're screening and if they meet
that bar then they're off of this list Chad was a country that did just that
and was off the list so how it is not making us safer it's really gonna be
tough on the stump to make that pitch I also think Dana if anything shows you
the power of the issue of justices and the ability to nominate Supreme Court
justices these big decisions that are coming out of the Supreme Court that
affect affect everybody really shows that that is a huge huge factor
politically as you go around the country in addition there's one more decision
that we're waiting for from the Supreme Court and that has to do with union dues
and whether people aren't have to be can be compelled to have to make them and
that if certainly all the political operatives around the country are
looking at that very closely as well so your point is very well made when I
talked about one other issue and that's that the House Republicans are going to
give it another college try on immigration congressman good lot he has
the original bill he's tweaked it a little bit he's going to include new
new words that say that it will mandate that all new employees in the US are
eligible to work using the verify system it creates a new visa program for
foreign workers in the farming and food processing industry so targeting a group
of people there that might vote for it it also says American companies can hire
450,000 foreign workers for three years if no US workers can be found to do the
job and that failure by employers to use the e-verify system could lead to
criminal charges and monetary fines those are some pretty interesting
additions do you think that that will help get this bill passed no I mean I
don't I just think it's a lot of busy work because they don't have the votes
at least not not that we can see up on Capitol Hill it clearly makes the bill
stronger but they don't even have the votes in the house let alone if you get
over to the Senate so there's a real challenge on the immigration legislation
crafting something big enough I think there's much more possibility that a
narrow bill on the issue of separating families that kind of backs up the
executive order cathy McMorris Rogers and others are working on that other
thing the other thing that's interesting on immigration is you have the vice
president down in South America along with tomorrow the Department of Homeland
Security Secretary dealing with countries directly to talk about the
root causes in those countries and now I think that's a huge story that I really
think so - because desperate people are always going to try to leave and so the
president has asked for today for more money for the wallet we're gonna talk to
Senator Shelley Moore Capito in just a little bit about his request and if that
can get done but then also should the United States invest more in these
countries in terms of rule of law to try to prevent people from wanting to leave
your final thought I'll give it to you and also just getting the word out about
what the actual policy is what the actual law is that all of these
countries understand where the u.s. is coming from and if there are root causes
that they can be helped with to prevent those people to start that journey yep
indeed all right Bret Baier will catch you tonight at 6 p.m. on special report
Thank You Dana on this very busy day in Washington
President Trump having a working lunch with Republican lawmakers so what was
discussed I'll talk to one senator who was there Shelley Moore Capito of West
Virginia plus the president getting the last word on his travel ban the High
Court handing him a big win today I'm gonna talk to Ari Fleischer about it
next the ruling shows that all of the attacks from the media and the Democrat
politicians are wrong and they turned out to be very wrong I will always be
defending the sovereignty the safety and the security of the American people
well it's today's top story the Supreme Court upholding the president's travel
ban the 5-4 decision by the High Court ending a long drawn-out legal battle
joining me now is Ari Fleischer former press secretary to President George W
Bush and a Fox News contributor whenever the Supreme Court finally makes
a decision Ari still to this day people feel like they are the final answer like
this is going to be remanded back to the lower courts with the president
certainly won today your thoughts it's wonderful to see everybody Democrat
Republican all sides salute the Supreme Court and follow you know with all the
talk about civility and how torn apart we are by politics it's wonderful to see
one institution that everybody still respects even when you disagree with it
you adhere to its rulings what else can we do and that's one of the greatest
strengths of our democracy people follow that's a really great point and it leads
me to something new today is a new poll and it's been commissioned by former
President George W Bush and former Vice President Biden it's called the American
democracy poll democracy project a couple of things here 55 percent polled
said that they see democracy as weak that's a concern also a poll the poll
says 68 percent of Americans believe that the America is getting weaker and
that when asked to rank the importance of living in a democracy on a scale of
one to ten with ten being absolutely important 60 percent picked 10 in the
new poll overall 84% picked a number between 6 and 10 so it just feels a lot
different from maybe when you like grew up and even how you would answer those
questions but the the decimation of the institutions that's one thing but also
you mentioned civility if people are just feeling like they're so far apart
when in actually in America and we have so much to be grateful for
absolutely Dana and you know I think all of this is a reminder that the Twitter
world the nasty world that we see really is not the real world that we live in
and especially the farther you get away from DC right before they get away from
political to corrupt to Twitter you realize how respectful people are toward
each other despite all the anger we have in our system that still doesn't mean
it's okay to have the you're in our system democracy is
refreshing democracy is enduring and the best thing about our democracy
particularly it's self-correcting if there is something wrong we fix it and
that's the strength and we fix it through the ballot box not through
yelling or harassing or screaming at people when they're having a meal always
to the nobody is persuaded by the yelling and we see you know there
certainly are there a lot of examples of very uncivil behavior we see it across
the board and it's something that we should all
try to get a handle on that democracy project will very interesting take a
look at that I also wanted to ask you about the Harley Davidson decision
because when you and I first met way back when you were the spokesperson for
the chairman of the Ways and Means Committee and that's really when I
learned all about your free trade and taxes and the economic policy that how I
think that things should be done and I remember bristling of course when
presidents would weigh in about a company's decision because company
should be allowed to make decisions that they make
president Trump you certainly feels differently about Harley Davidson who
announced that it would be moving some of its production to Europe in order to
avoid the tariff over there because they're worried about their business in
Europe about 40% of their businesses over there your thoughts on how all of
this is unfolding the president says it's all going to be fine they quit too
early but some of these companies are making decisions before then huge
high-stakes gamble and it would take an outsider somebody like a Donald Trump
and I'd say this to his credit to try to shake up the system particularly visa V
China where we all know China has been picking our pocket and stealing from us
and we just acquiesce Donald Trump comes along and says I'll fight I'll fight for
America I'll fight for American workers I'll take on China we don't know if
he'll win the fight though and that's what harley-davidson shows when the
president slapped tariffs on Europe Europe slapped tariffs back the tariffs
hit Harley Harley moves to Europe a part of their production facilities so they
won't be hit by European tariffs that's how trade wars go so yes I was raised in
the same school as you Dana tariffs are bad tariffs are wrong they lead to
trouble on the other hand if Trump can pull this off and make the rest of the
world lower their tariffs and get back to more free trade more will he be a
successful president high states we don't know how it's
come out yet right well all right flexure we appreciate you being here
today thank you thanks Dana so dangerous drugs hidden in the mail
sent in packages from overseas but the feds with a new weapon to sniff them out
plus a critical primary day ahead of the midterms and we will look at some of the
most closely watched races happening today its primary day across the country
with voters heading to the polls in seven states including New York where
Michael Grimm is fighting to get his congressional seat back after his prison
stint as he runs against Dan Donovan joining me now is Meredith Kelly
d-triple-c communications director and Matt Gorman he's over at the NRCC also
doing communications as the director great to have you both here today Matt
let me start with you and in New York with this Michael Grimm seat against Dan
Donovan does the NRCC you know have a preferred outcome here well you know I
think you're having Dana first of all we support Dan Donovan we have from the
beginning he's run a great campaign so far he's has a record of accomplishment
and we believe he's a victorious tonight as well but that's also not the only
primary we're keeping our eye on tonight in New York upstate in John fastest
district there's a 4-way clown car primary essentially among the Democrats
we're single-payer has become the issue de jour in that race and a litmus test
and so whoever takes that position of raising taxes by 32 trillion complete
government control of health care or even abolishing the VA or Medicare Part
D as we know it is going to be rendered unelectable in general so there's plenty
of primaries to go around tonight and we're keeping our eye on that one what
are your thoughts Merritt is on that New York 11 but also if you have other ones
in New York that you're looking at sure thanks for having me Dana in New York 11
max Rose is a combat veteran in the Army and has since gone on to advocate for
affordable health care on Staten Island and he's going to be the Democratic
nominee tonight and he's prepared to run against convict Michael Grimm or the
very desperate Dan Donovan who has spent the last several months running to his
right and talking about policies that really hurt New Yorkers taking a step
back we are very excited and proud to have more veterans again running all
across the country from collar to upstate New York to that Staten
Island seat and it's a trend you're seeing everywhere Democrats with records
of service were fighting for more affordable health care lower
prescription drug costs and growing the economy so that wages can actually start
keeping up with the cost of living it's pretty interesting to watch all that I
mean of course I'm MJ Hegar the one in Texas I played up some of her ad about
the doors opening or being closed on her and her opening them so yes I see that
let me read to you something from Chris Starr Walt who wrote this yesterday in
his halftime report he said there are almost 60 districts where the
Republicans are on defense so the numbers look pretty grim for the red
team but the secret to Republican effort to save the house may come down to the
handful of seats where they are actually playing offense there are just seven
seats currently held by Democrats where Republicans look to have a chance to
actually make gains given the fact that it looks like for now the control the
house will come down to a narrow decision these seven are taking on
special significance for the GOP and Matt I think that's a pretty interesting
place for the Republicans to be right now where you earlier like in January
we're talking about this huge blue wave and now we're actually talking about the
possibility of the Republicans being on offense which our secret to all of those
well we're gonna run every single day like we're ten points down doing that
the entire cycle though I will say that the green arc ballot has been the closer
that's been all cycle and we're gonna run this race on the economy and on the
effects of tax reform both in the short term we've seen bonuses and perks and
increase 401k contributions those the type of things Nancy Pelosi is called
crumbs but also in the longer term as well we see economic growth at record
highs I just saw a poll yesterday that said two-thirds of Americans feel better
about the economy than they had in over ten years
unemployment's at record lows wages are rising so you know I think that's the
choice voters gonna have this fall whether we want to continue the economic
progress we've seen or go back to the days of Speaker Pelosi with more
economic stagnation to higher taxes Meredith I've wanted to ask Democrats
about this and you're one of the best ones to ask because how are the
Democrats going to try to say that it would be better to have Democrats if the
economy is still roaring and if the people feel good about the economy what
is the counter-argument from from the Democrats I'll give you the last word
sure well very quickly Matt mentioned the generic ballot
but I've not seen his committee released any district specific polling to suggest
that they have a single offensive opportunity on the battlefield when it
comes to the tax bill I think voters every single day learn more about the
fact that it is a massive handout to big corporations and billionaires and will
increase costs including health care premiums for everyone else the more they
learn about it the more unpopular it becomes we found out today that taxes
will go up for synagogues and churches and places of worship which I don't
think Republicans want to defend this bill is getting more unpopular by the
day that's because wages still aren't
keeping up with the cost of living and middle class people were not prioritized
so here you have it Republicans and Democrats going to the polls today to
see who's going to be the nominees in these big contests Thank You Meredith
Kelly and Matt Gorman I appreciate it Thank You Tina
there's a massive demonstration in Iran and challenging the government citizens
in Tehran are protesting economic problems as the u.s. restores sanctions
shouting death to high prices the currency is collapsing as the government
struggles to tackle double-digit inflation and high unemployment many
shops and Tehran's oldest bazaars shutting their doors for the day worried
about their future president Truong threatening new tariffs on Europe and a
growing trade dispute what he's now saying about harley-davidsons plan to
shift production overseas plus the Supreme Court has ruled on the travel
ban but it's not the final word just yet we'll ask our legal expert what's next
but there are no checks and allyce's and in fact the court is saying if you don't
like our interpretation of the Immigration and Nationality Act then
your Congress should fix it but do you think this Congress is gonna fix that we
couldn't even pass comprehensive immigration reform
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