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Mean -- he's gonna -- actually on the -- that that's that's now with the Supreme Court said wait a minute you're on another dozen -- so choose not to buy insurance to -- -- -- attacks -- actually technically what they said -- -- congress has many -- there's -- commerce -- there's taxing powers and it was constitutional that's what they said.
They -- it doesn't matter what you call it.
And that is not what you would normally hear somebody who's going to be the secretary of the treasury say.
That was an exchange back in July between Jacob Lew.
Then and now the White House chief of staff and our own Chris Wallace on FOX News Sunday with Chris Wallace.
And this is power play and -- impresario now Jack -- is expected we are.
We're we have reported it has been reported by the Fox News Channel that at 130 today the president will announce that mr.
-- is chief of staff who become his Treasury Secretary.
And it is -- most unusual kind of appointment that's not the kind of person that you usually see become a Treasury Secretary we are more accustomed to seeing people like Timothy Geithner.
Who was the president of the New York Federal Reserve Bank.
People want really even sure what his political affiliations work.
So what happens when the president nominates somebody who is to identify -- partisan.
To -- the to be that secretary of the treasury it's an important job.
We'll talk about that we'll talk about I promise gun control I promise we will because we have -- Polycom -- with us today and he is has some thoughts.
On the subject of gun control that you want to hear and we will talk about how politicians get the discussion wrong with the -- don't like all of that.
But I promise you this -- like any of it a bit more than you -- like talking to Bret -- he is the anchor of course.
A special report with Bret Baier and many people watch it not as many people watched it is Nike's new show yesterday but many millions of Americans -- -- -- that -- as he hits you out so.
I'm sorry for that but you know take your millions of viewers and be happy well.
You have to get more -- I don't know if deeper and deeper NN for all -- yes see what -- is god if he's got that then you can try and get that her.
So it'll be good fit right -- we call that that's -- by the the full Wallace -- Wallace that was definite Jack blew up the floor.
Wallace fingers out deserve her and many eager committee uses the audio.
To -- now we're gonna -- -- yeah us there.
So did not -- some -- you did not know -- was on offer for mr.
Jack -- is a most unusual kind of treasury nominee as I said Geithner was somebody who I -- Think may have even been Republican.
At some phase in his life but generally people that get treasury.
Are people who and in the Bush Administration.
You did have a rather unusual pick in the form of John Snow who was a railroad CEO.
But generally speaking these are people that the financial and business communities look at treasury secretaries for reassurance and confidence what's the president's thinking.
Yes well he's loyal Jack -- is very loyal to President Obama is very close to him he's why he is chief of staff.
He knows the budget process in the budget.
And frankly there hasn't been -- out of the -- as we know for more than three years but he knows the numbers.
Better than arguably most people.
But he is partisan he is very liberal.
He may be where this prison is.
And very close to him in that sense.
Now how is he is a negotiated.
From a liberal point of view.
They probably are giving high five yeah from a Republican point of view about compromise and getting things to the the center.
They don't want the middle and they have a real problem.
And you know how much that factors into this.
Process I think -- be -- and see the fact that senator Jeff Sessions came out with such an aggressive statements.
About this nomination.
Was pretty stunning I thought -- -- -- concessions is not given you should know this Internet senator sessions who's the lead Republican on the Budget Committee has not given to loose talk is not -- is not.
Somebody who says -- things and he said.
That he must not be confirmed as Treasury Secretary and I talked to some people who know the senator pretty well and I said does this mean that he would filibuster his nomination and they were.
Mute on the question they did not respond this is pretty big deal.
Yeah -- is his main point is that young Republicans feel that the administration is turning a blind to the deficit and debt issue.
And that the growing entitlement problem and tax reform and that the big deal can't get done in this current time.
And they point sessions points to a statement that -- made in testimony in which he said.
Our budget will get us over the next several years to the point where we can look to the American people look them in the and say we're not adding to the debt anymore we're spending money that we have each year and then we can work on bringing down our national debt.
And sessions says you know to say to -- right.
Under rose in testimony.
Means that essentially you are -- making false assertion and and shouldn't be -- secretary.
Bill will still be a push to get him across the finish line.
I would venture a guess that he has the votes.
But -- -- it's going to be a bumpy road.
The -- the president now seems increasingly unconcerned about things like do you have the votes -- what people say he seems to be sort of before we -- the full Wallace we seem to be getting the full Obama now that he's doing what he wants to do and taking the kind of he was a very calculated political operator in the first term about who -- appointed to things.
Stances he took now he's kind of let it -- We talked about this for a long time on the online show last night and part of the discussion had to do with you know this is the cabinet the president really wants and he really doesn't care what Republicans say about him.
-- about the choices these are the people he wants and that there may be a part of this that he's ready for these -- He doesn't care about -- he believes that he can take his case the American people after this win in the election.
And have another win one after another to the point where it's like jab.
And maybe they're not fighting as hard.
And -- -- one other thing by the way that the Republicans are pointing -- -- do is he worked for city.
-- I believe city Citigroup Citigroup in his hiatus between working for the government work for Citigroup.
And -- profit from.
Investments that bet against -- right off their big bet against Americans paying off their mortgages and that's -- that's cool.
But one thing we do know that whatever if he does get confirmed.
And the Republicans.
Or don't like him in the way that you described.
This does not bode well for a peaceable solution on the debt ceiling right.
Now I mean we are in for product yet it is it will be.
And you know the country is a little tired of Washington and these fights and end up against the -- every two.
You know months but if you still want the fiscal cliff was something.
This will be.
Quite something because it will be a battle Royale I think.
With the ramifications.
A lot bigger.
On the debt ceiling then then that's made up self imposed.
Fiscal cliff that came out of the super committee solution.
Live or work in Washington who think big Valentine's Day weekend but it's -- as it's going to be it's going to be quite a goat -- And I should point out by the way that in addition to special report with -- there but also votes is on -- ship that -- mentioned it's very good it's more fun and are you.
So you'd like that so you should after you watch this report go to the special report okay.
In the evenings at 7:30 eastern center -- that at the show at seven on Wednesdays and watch this report looks more -- Acts you can ask questions comments Charles Charles -- saying you never know.
Don't happen you never know what's -- at Broadway Show but watch him tonight 6:30.
At 6 o'clock eastern.
And then next -- you catch him on you -- thank you very much things -- OK and never gonna take a quick break but then we will as promised talk about guns ammunition -- -- Other things Democrats Republicans don't like it you'll be entertaining.
Probably a little outraged by something somebody says.
So stick around.
-- -- do you forget the extremists.
No one -- within us all.
-- -- Brutal in his.
One of those.
-- -- Why is New York governor Andrew Cuomo quite catch him -- in his state of the state -- up -- Albany last night.
And then you heard from former President Bill Clinton a speaking at an electronics trade show.
In Las Vegas where they had him out to talk about stuff and he talked about.
Gun control and you heard Governor Cuomo and you heard President Clinton talking about hunting and the utility of weapons for content.
But when you talk to people who are gun rights enthusiasts.
They don't talk about coming they talk about what they view as a god given right enshrined in the constitution to have guns.
Not because they wanna kill deer or squirrel or pheasant or performances Mitt Romney once said.
What about that.
You know who probably knows -- people who are.
But can understand the way the other birdies brains work chuck -- shot he is the president of solidarity strategies and he's director of the Latino project back.
He worked for Edwards and other big important Democrats that makes him a Democrat welcome back chuck -- And -- Don King is a partner at singer and on Jane and he's the owner of the -- company he used to talk speak on behalf of the speaker of the house Dennis Hester.
And senate Republicans that makes him the Republican.
Ron welcome back -- OK so here's what I wrote about the power play and I think you -- -- -- department.
-- I wrote because that it's my show.
But what I wrote was this and you can get it if you -- -- at -- start a war on Twitter -- element Twitter is that's.
My closing line.
It's not that.
Some people keep saying we need to have a national dialogue about it's important have a national -- And I say this.
As Americans wonder why we are drifting farther from consensus as the days passed since the sandy -- nightmare it is because of this.
The two sides aren't even speaking the same language let alone having a dialogue.
For Democrats increasingly we hear the Second Amendment as like.
Yeah AAF whatever Second Amendment there's a lot of stuff in the constitution it's not an absolute thing and we don't need that we don't we don't need to put it by this test.
We'll let you keep your -- -- what you keep it reasonable thing we need gun control and Republicans.
Conservatives are talking about this from a perspective -- this is an absolute right just it's -- equal to your freedom of religion or your freedom of speech.
So two questions have I -- present situation.
And number true -- -- future -- are we reached this divide to get to some kind of solution.
I think the what the -- -- bridge the divide is the American people we're gonna have their voice heard much like they did back in our founding there's a reason why that's in the constitution.
And I commit this very unique perspective as you know.
04 doesn't -- at the age of eighteen have been -- my entire he's not know more about it -- and four and I worked in politics in DC.
So I don't squirrel see it's not wrapped up an -- apparatus.
So I was thinking this morning talking in my staff message you realize that.
I took -- gun to school every day for the final three years of my.
Time to school with federal truck -- had a shotgun was -- -- -- recommended that school every day we differently dobbs at my school I.
And I'm a big advocate of everything about guns in the and the rights of a community to have that.
Gone but because I grew up appreciating and respecting it right and hunting animals and killing animals and -- -- as a family we did that.
But I think that there's a bigger thing at play here and think that the American public will have their voice heard.
It is not in my opinion as a Democrat about your route to have your -- -- not you have that right I don't think anybody who ever really think that run away from it.
But there are certain things that the public wants to hear answers on do we need these -- of a certain size do we need automatic weapons do we need.
Better background checks do we need look into our you know policy on mental health I mean I think it's those debates -- happened and I think they're people who -- Walking and to prevent -- Exactly and they need to happen it's true rod but -- reality is that sort of thing about this and I'm into -- one as.
On the Israeli Arab conflict.
The Israelis always say until you acknowledge our right to exist as a state we can't negotiate with him.
-- thing about this with the debt ceiling when house Democrats come forward and say the debt ceiling doesn't even count.
There is no debt ceiling there isn't it how do you have how -- -- start -- negotiation if the two sides of the conflict can't even agree on the the first thing does this exist.
Well you know there's the key is going to be the specifics.
I mean of any type of proposals by now you know the administration's gonna -- out there.
With their recommendations and Biden today is meeting with -- is it meeting with the NRA.
Do I think anything positive is going to come from that probably not I mean it's probably and in my opinion right now.
Without having -- specifics it's hard to see something actually getting done.
-- you know because both sides are very extremely entrenched in their positions I mean -- you know.
That -- the Republicans are you be careful about you know.
It is looking like they're just on the side of the gun but as opposed to looking at a comprehensive solution and caring about our.
Caring about American families and -- there could be potentially harms way at the same time Democrats -- as user won't know what's your experiences have to be very careful.
About stepping into the zone of offending those who believe in gun rights and that is in theory careful gracious -- cross and I I just don't see it at this point in addition -- has its hassles are presented.
-- yes there is that now.
And surprisingly Internet you have a lot to say about this.
And here's what's there to market says.
The president is commander in chief of the constitution gives him power over the armed services and navy he has no legal power to write laws -- executive orders legally.
You know enforce existing legislation's president -- -- executive orders -- -- the job of judges.
That the president's.
A point to -- -- -- executive orders are often illegitimate and grossly abusive.
Says somebody who looks like.
-- -- Reading up a little bit and you'll enjoy us here are temperatures volatile in the next at bat these executive orders by the way chuck.
Have further freaked out.
-- people with the vice president talking about.
Well we'll just do executive orders that's these are not things that you say.
To encourage -- eight national dialogue on guns this is you say we're gonna find a way.
To impose gun control -- united it was stopped.
Why didn't -- the president at the beginning people like -- -- and Mark Warner pro -- Democrats came out and said.
Let's have a discussion and I thought for sure with president would do would be say you know guys -- -- want you -- come up some legislation that you can support and then I'll help -- -- Why did he do that why did he go this other.
I can't speak for the president just give you my opinion and I think that would have been a wise thing to do coming from a southern state as a deluded and very red area.
But I think that it all goes back to politics and these house members as you well know have to run for reelection in -- sitting -- going.
I know what the right thing is to do for my assets mustered -- a safe.
-- -- and you're not a safe bluesy you can worry about me running an ad against you this is you voted against this bill.
On this -- and this clip was used to kill these children by you shouldn't go beauty more that's what I do for a living in on the other side they're gonna worry about running and that Republican primary and the NRA running.
An -- that -- you voted.
Today part of my right away as an American citizen vote that's what it's gonna come down to this is gonna have the courage to be that moderator in the middle you -- -- this is common sense that we -- -- this I would say.
Why I was gonna say look we're having a tough time reserves and national that.
And and you know they're facing our nation's finances were at -- I it is very difficult for me to see.
A solution under control especially in 95% of our legislators come from -- songwriters hall of districts -- states.
And it just seems almost insurmountable you know I do appreciate though legislators who talk about a conference -- solution which I do think this is is necessary not just enough so that -- which.
Finally people are similar to ask one more.
-- last word -- we have to go over quickly starting with you chuck will something happen.
-- you know now.
No okay -- so there you go so much for the broad national dialogue Internet two other dispiriting.
Travails -- the congress gentlemen we thank you very much for being.
Now don't be dispirited because Internet volatile -- the judge himself will be with us right here from studio three when we come back -- stick around.
The president is going.
Actor executive boardrooms and executive action can be taken we haven't decided what yet but we're compiling all over the attorney general.
And all the rest -- first.
And that was vice president Joseph Biden -- -- the -- -- out of millions of American gun owners.
This is power play now everybody's talking about it today.
The vice president yesterday as -- you just heard and neither one -- that -- -- and the president I have some ideas about what the president can do through executive action.
Restrain access to firearms.
Four Americans and it has caused quite a stir.
Probably just what the vice president wanted to do.
So you know who can tell you whether or not that's constitutional or legal.
And probably even whether what it's going to do the discussion.
Is Andrew Napolitano judge Andrew -- -- is Fox News senior judicial analyst.
And -- very welcome guest on the show welcome back Chris pleasure being here thank you okay now.
You have a piece you have.
And I want to commend it to you Internet.
The judge -- of these.
It is almost scholarly.
It is very it is it a well reasoned and clear you understand the issue.
About the Second Amendment and about firearms and our rights and as it's as as they're constituted.
A lot better if you read it so please check that out it's a great piece.
-- the president.
Control and engage in any form of gun control through executive order.
Well there are things that he can -- lawfully do because -- -- its authorized and rightly so the question is other statutes.
Constitutional but let me tell you what he can lawfully do.
Change the nature of background checks.
Because he runs the Justice Department to the Justice Department could instruct the DA and demand of gun dealers have more information -- -- That could put pressure on gun dealers to turn some people away -- he can legally do that.
Promulgate regulations correct he can order law enforcement federal law enforcement to share information with local law enforcement can't order the other way around that he could also order a law enforcement within the federal family to share information.
Now we'll ratcheted up a little bit of time he could be in the importation.
Of certain weapons over this this power that was given to the president.
When George W.
Bush was president any Republican -- gave -- -- and -- they didn't approve of here's a very controversial thing that hasn't been mentioned in the papers this morning that they can do.
He could use the Environmental Protection Agency.
To impose a tax.
On each on entities that it regulates when it has to clean led out of the environment.
That tax would be passed on to manufacturers of ammunition which would be passed on to dealers nation.
Which would be passed on to purchases the city of Chicago tried this and mayor Rahm Emanuel himself sent.
I don't think this is gonna watch that a federal -- invalidated their proposal in Chicago.
Was to tax every bullet right five dollars a vote of course fifty cents to -- But it's remarkable because we saw the EPA do just exactly that we -- watching -- he would do just exactly that as it relates to global warming.
They were denied -- by congress the power to regulate.
Carbon emissions this stuff you breathe out for a as a hazard to human health they were blocked from doing that by.
They didn't they were able to band or increase the penalties for other substances that it exists in the burning of coal you -- -- -- You're viewers will understand this you go to the gas station to get your oil changed.
You read the bill.
There's a fee to the EPA collected by the gas station remitted to the oil company remitted to the -- that was never enacted by congress.
And it is paid by the consumer for the cost of cleaning up.
That dirty oil once it is removed from your car and dumped into the environment.
That is the theory behind -- they -- not yet public but they're thinking about it behind closed doors suggestion.
Of a tax.
On ammunition now on who would that -- -- -- the poor who need weapons the most with which to protect themselves put poor.
So this is my my view is congress would invalidate this but that remains -- it.
You guys if you pass it through the senate Internet you are probably about 47% smarter now that you have heard this from judgment -- -- get that number of fronts.
Through our I we have -- in the statisticians department where they're crunching the numbers all the time you know that's 47% smarter and I should point out Internet that you can watch the judge tonight as he appears on the panel on special report with -- -- who you were talking to earlier we will be discussing -- what is the origin source and meaning.
Of the right of the people.
To keep and bear -- sort of like that I suspect that you'll enjoy that now before it's time to be on Jonathan.
Let's have some power points.
Bitter -- as your power points today.
Number one deer in the headlights.
When politicians start talking about gun control they always talk about -- you heard the President Clinton and you heard Governor -- they talk about -- that these are not hunting issues nobody is talking about hunting.
Politicians like to talk about it because it sounds like they're in touch with the common man.
And they enjoy blood sport and all of that stuff John Kerry -- killed several.
Or people killed several important ducks in Ohio are -- in Ohio want to constantly John Kerry could show that he was down with the people who -- I think that Barack Obama understands this he doesn't do any day whose photo -- that -- second PowerPoint Obama gets it when he talked about bitter.
Clinging people in rural Pennsylvania he -- say they clung to deer hunting he said they cling to their guns in their religion because -- he understands that it's important.
Number three phony argument the two sides are talking past each other on this until the left acknowledges.
That what the right -- which is this is a sacrosanct god given right.
Enshrined in the constitution and until the right technologies that Americans are very freaked out about it epidemic.
Of mass shootings and there needs to be action.
Until both sides acknowledge the validity -- core validity of the other side when I can get anyone we'll continue to cross talk past each other without a solution.
There's your power points and now as we like to do every day.
When -- used the word.
From our French -- -- to secure the rights came to Britain you have no such right the government will control and confusion so unless you're willing to confiscate.
We should be unconstitutional I would cause an insurrection in the country has Australian did these things are not gonna have an effect except that the margin.
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