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Power Play 2/15/2013

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    Chicago’s murder epidemic complicates Obama gun ban pitch. Plus: Hagel halted - what is going on with the nomination?

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-- is the carnival triumph.

Still adrift at sea yesterday before it got towed into port.

-- -- bunch of people who had been forced to use their luggage eskimos.

Gratefully.

-- -- down the gangplank.

And onto dry land and this is power play and I'm Chris are well now the the it aptly named triumph.

Is the good news is that they're going to -- they've they've canceled the next twelve or so trips on that I think I think they're going to need -- serious steam cleaning any renaming.

Probably -- -- -- -- wants to get back -- that sucker but there is an analogy to what is happening in Washington because you know what else has been big home -- It's been the nomination of Chuck Hagel Charles T -- former Republican senator from Nebraska to be secretary of defense now we know we know Internet you don't need to tell us.

That eventually -- is likely to be confirmed but something rather extraordinary has happened something quite extraordinary in the past senators have been -- About nominations but when push came to -- closure was invoked including one time for -- President George W Bush's nominee to run the Interior Department it's always happen if this is the first time that somebody has been.

Effectively filibustered.

For how long what are the consequences we will talk about that.

We will also talk about president's trip to Chicago and gun control.

And what the heck is going on in Chicago as it climbs the ranks.

Murder capitals of the United States and gun control there.

We will also talk about.

What happens when you are breaking a law that you don't even know that you're breaking it -- you could end up in the whose -- We'll talk about that -- fun segment -- power points this.

Washington's birthday addition of power play is going to be good and I know it's going to be good because we're starting with something solid in the back.

And that is Josh cross our key is the National Journal hotline executive editor.

Fancy fancy.

And of course as we always told you.

His -- tell you -- line -- was the place get up to the minute information even before the Internet was cool so Josh.

Well.

They -- records are right now.

Chuck -- probably gonna get confirmed eventually right.

The odds are in his favor even though Republicans filibustered.

Him on the on the senate floor yesterday but what.

The big while Curtis Chris is the time past two weeks or so that are -- take place between the next vote.

What Republicans are saying that and those that John McCain Lindsey Graham -- say that this will reconsider that they may not not support a filibuster two weeks.

There could be more broken and there could be a drip drip -- -- continued criticism.

From some of the usual suspects.

And act could jeopardize that bridge type is always the enemy of -- nominee that's marketing firm and we're going for awhile.

And in fact I mean yesterday was -- fortunate.

-- mr.

-- because.

One of the speeches that he did not want to talk to back out.

Which was to look pro Arab group.

Some some one of these organizations that he had not wanted to disclose and now let's talk about leaked out just ahead of the vote.

Making.

Because he was he only fell one vote short right he would have gone to closure but for want -- one more about.

And it's interesting that one vote that he could have had -- Paul.

Decided to join with the majority of Republicans but he was one vote short Lisa Murkowski was the big -- yeah Joseph Biden called Lisa Murkowski.

Got her vote she -- -- a little Republicans they -- her she's like royalty she's technically an independent.

But she caucuses with Republicans.

Etc.

etc.

Now.

It.

Let's say though that the odds are right and hagel does survive.

This two things one is this is presidential write this does set a new this is the first time that this has happened right.

It is it's the first time up capital position of this caliber right has been did a filibuster John Tower went by George H.

W.

Bush launched law I didn't.

Went to a vote -- he didn't get a majority so.

There have been circumstances where controversial nominees.

-- this is the first time a top level cabinet appointment has been -- And what happened and we talked about this and previous edition of error by what happened after tower was that was the beginning of the of the open warfare the scorched earth that we see in the senate.

Tower that was like what was that 89 it.

And then not too long after that get more serious work -- the working of -- And you had John Tower and it sort of changed again this will change and the Republicans will get this serve back to them one day when they.

What was absolutely and it seems like every month -- new precedents being set for how.

All the -- a lack of collegiality in the senate Ted Cruz we believe fresh fruit newly elected freshman senator from Texas.

Is it easy in.

Get in some some criticism from his fellow conservative Republicans because he has totally.

Change the style by which newly elected members of the body generally approach issues and he was very vocal on this on this legal issue.

Who I think you know the new about them coach Davis I think the new by the Washington the president -- -- life.

These people are not worth dealing with they're not -- -- -- -- -- are gonna do a deal so I'm going to just.

-- I'm going to drive around them and the attitude among Republicans in the senate increasingly is this guy's not to deal with us.

So why should we unilaterally disarm and let's just be as I believe the name of the song as nasty as they wanted it.

Yet it is they're they're nasty and they're not in does the middle.

Right very few senators on both sides of the aisle that occupy that center left center right space you one more conservative you're more more.

Our red liberals and there's very few compromised their purview deal makers so even someone like Mitch McConnell whose whose conservative.

But knows how to cut a deal when necessary -- -- he isn't more more challenges facing his Republican caucus in trying to get the more conservative outspoken members like -- Ted Cruz.

On board -- with request.

Got Cabrera and interest in peace quite and it.

-- for the National Journal.

The Rand Paul is a Republican to watching 2013.

Now Rand Paul is taking heat.

Poorer.

Saying that he will eventually probably vote for cloture on fatal.

But he's taking other -- For the fact that he's not voting to confirm -- because libertarian conservatives actually kind of like.

Eagles' brand as it relates to defense cutting and stuff like that.

Right total foreign policy Rand Paul is sort of and I was at least sort of an ideological twin of -- -- Eagles and that they were very cautious very wary of military intervention.

Throughout the globe and in hagel.

Was very skeptical of that especially -- -- senate career see with the ideologically they were in the same box puts Israel Paula is thinking nationally.

You think of a possible presidential run and when he's sixteen.

He knows he can't be too far out.

Out of the Republican mainstream at least on foreign policy so we just give a speech to The Heritage Foundation trying to moderate his foreign policy views just came back from a trip to Israel.

And now he's joining with the majority of Republicans -- blocking eagle.

Join with the hawks of the party and blocking angles nomination so.

Read Paul is that you belong and he knows that he wants to be a bigger player than just the senator from Kentucky and he's thinking nationally and in he's trying to -- over some -- the skeptics.

All right but he will have to worry about his base as he proceeds right he has to worry about the -- people that propelled his dad -- relevancy there may be a lot of online chatter.

And already -- have seen some some some commentary that you -- -- -- isn't living up to the to the legacy his father it's going to be it's going to be a tough road about.

What about Jack -- he -- -- forecast.

Did did I don't anticipate any any.

Problems -- -- scrutiny but -- he should pass out of -- out of committee when I told you what I pulled through time and look at at some rich people.

Had -- having seen what was successfully done to a goal.

With outside pressure groups are thinking that maybe -- as similarly limited but.

Potent expenditure of resources to do something to protect them.

Well the big wrap up Lou at least republicans' point of view is the fact that he worked at Citigroup seeking.

Me quite a bit of moneyed at the time that the banks were collapsing and the -- and ended up being a government bailout money.

That's gonna come under scrutiny -- come under some scrutiny it's not enough that that.

To derail his nomination.

For this Treasury Secretary position but -- there could be some some -- it comes -- I don't think it'll be enough to that complicated.

Jeff Sessions thinks you're wrong but I'd say he's he's -- on the subject well wolf we'll find out we'll find out.

And Jeff who continue to find it -- good journalist and what a good reporter and editor you are thank you for us experts okay Internet.

Chicago.

Player with freight cars stacked group weeks all of that good stuff from the chamber home.

-- also turning into a murder capital.

As a crime wave continues to hit that city.

And what what will be done about it and what does it have to do with President Bush.

For gun control measures.

As he gets ready to visit his -- count.

Talk about that when we come back -- -- -- I think it's not fair that.

You know in May hear from New York coming -- to buy a house race.

-- he has you know thought that he and everybody else can just come in and say what they want.

But it's about the district it's about what we need to do.

And just because I want to have some common cents.

About the culture of violence and talk about what we really need to do a -- in the guns out of the hands of criminals.

Everybody has decided to gang up on me.

And that.

It's not typically what you expect to hear from a democratic -- former democratic congresswoman from Chicago.

Home to probably America's toughest gun control laws.

This is power play that was -- how percent.

She used to represent parts of Chicago.

In the United States congress she lost out in a special election against Jesse Jackson junior who's now going someplace else he's going to a different house.

Now because of some other -- this -- that he did it.

But she's running in the special election to replace him and Michael Bloomberg and others are blasting her for her support for gun rights generally speaking.

So what's the deal with Chicago gun violence she's talking there she's going to -- -- in America alive and congratulations to make important number three.

But talking to Megyn Kelly about what she says is more effective than gun control which is dealing with those criminals.

You know who can probably.

-- -- elucidate and enlighten.

Is run by -- -- a partner of singer and -- strategies and owner of the bonding company which is fortuitous.

But he also used to be the top Parker with speaker of the house and the Republicans in the senate he's pretty big deal.

And Julie were -- he's also a big deal.

She's the former director of communications for Jon Corzine she's a Fox News contributor and she joins us from the mother ship in New York City hi -- Hi how are you from the mother ship.

Can you hear her saying -- cannot be -- you'll have to interpret say hello for the -- said hello from the membership okay.

I hear word that you're saying as -- you'll have to be the interpreter of course how the culture of fear you'll totally -- -- the level.

When it comes to this stuff usually tell Ron since I can't hear you.

What you think the president is going to say about gun control when he's in Chicago today.

Well I think Ron if you can translate this accurately that he's going to probably not.

Push hard for and a solid -- -- -- that if we all can agree that's probably not gonna happen this congress but he we'll talk about.

The need to reduce gun violence by possibly lowering.

Rounds they -- planted guns by -- meant by increasing mental health programs which -- -- Republicans will hopefully support.

IA closing the gun show loophole.

Now Ron can't hear you either okay -- now -- out of pocket -- Excuse us.

And if if he gets fixed will come back and I didn't do that on purpose of that and I'm here right definitely did not ignore you if he's listening I was trying I felt -- I hear you.

I hear you I think we're doing I.

-- -- -- -- You're back you don't know there's no more problem anymore -- were almost out of time segment.

The but.

Julie the president's.

Adopted hometown.

He's got a huge murder problem but it also has some of the toughest gun control laws in the country how does this how does the president make an argument for gun control.

And dealing with -- with these issues.

When Chicago itself is theoretically -- a laboratory for the effectiveness of -- Well because that's why you have to make it federal -- rate Chicago's really close to Gary Indiana which does not have a thing comes -- at Indiana they do -- Chicago.

It's close to this Missouri which obviously doesn't have a -- catalog they do Chicago guns are being able to be purchased all over the place being brought in to places like New York City.

Like -- Jersey for example that have very strong stringent laws people who go across the river to Pennsylvania if they're in Camden, New Jersey.

By guns you know without much of -- background checks at gun shows or any background checks.

Bring Americans at a place like camping Jersey -- have -- gun laws and go to -- -- -- the same problem affects Chicago.

And I think that's -- president's gonna talk about the need for universal got laws.

National federalized gun laws because obviously this piecemeal approach doesn't work when you can ask for it got across state lines very.

So Rahm Emanuel.

Ron is the mayor of Chicago.

And it has been his misfortune that it was during it's been during his mayoralty.

That Chicago is gone from being sort of tracking with New York LA Houston and the other top five big cities.

In terms of seeing murder rates low compared to the early ninety's when the -- -- -- really bad in cities like DC were.

In terrible shape so they saw that the tracking doing the right way.

In recent years even with these gun laws Chicago is now doing what new York and LA RNC homicide homicides.

Including gun homicides rise rise rise -- going down to those subsidies.

Yeah well it's clearly not about the gun laws because the homicides are skyrocketing it's the about the cycle of poverty.

And economic stuff and you're talking about your document any area where you know like.

That Wear black men are killing other black men and sometimes children do and unfortunately that is an area very poor population.

And they're they are finding a way to get these guys I'd I don't know how they're doing it for there.

They're very -- it -- -- right Gary Indiana is right there's no matter how strict you make your gun laws there -- she had some federal ban but that would be very hard to enact.

Julie in other cities and Richmond Virginia comes to mind Houston also comes to mind where they had.

Crippling murder race.

Lawlessness huge crime problems they went the other way and made it easier for.

Law abiding citizens to carry guns and also built a lot of prisons and put a lot of gun criminals in jail what you were hearing from -- -- and others including some Democrats is focused on the criminals not on the -- Well you know if -- to focus on the criminals then why not have.

Background checks inventions what's the problem with that that means the united -- -- gun show presumably got a criminal record either to -- you don't know -- I don't know about him that you don't know presumably presumably act -- -- viewing it looks sketchy so much -- -- just on site but assuming you're not as -- you protected beating.

Sitting on -- gangsters you want to pretend you are it's just weren't nice boy from DC.

-- you could go to a gun show get a background check and you know assuming you're okay they'd be able to get it done but it here's -- -- she's -- claim to be.

You would not be able to get a gun unfortunately now that -- -- at a gun show and nobody is mandated to -- background check and you go get a gun and -- pitched it up whatever -- -- -- -- up but that's what happened averaging attacked by the way that god really did you know and that's the problem.

Certain Iran it looks like if anything is going to pass on gun control some expansion streamlining of background checks.

You got to mention Mark -- marker senator from Illinois working on something about this that would exempt.

If I wanna give my son's a shotgun I don't have to try to forget my dad shot and I don't -- -- register -- with the FBI make exemptions for individual individual says but expanding background checks at gun shows that sounds like that's something that could happen.

I I really think so in the beginning of this whole gun control of it -- I looked at the list the laundry list from ammunition clips.

-- yes background checks I think.

And that is something I could end up passing however.

We'll see if it has a chance in the house I think it is something that could -- something that can definitely pass the senate.

You know we have you know I think it's hard to explain we have a lot of when you gun shows that don't have background checks yet we have gone to -- -- shops.

That do.

There's a -- this -- there you know you have to you have to plug leaks I think that's what the upon the -- proponents.

Background checks.

Science -- art Julie quickly since we can hear you now and we -- -- get a last pearl of wisdom from him.

How much political capital do you think the president is going to expand on this issue.

A lot.

I think a lot yeah I do and I think the reason for that it sounds nearly sending it really struck with him personally.

I've never seen him get put in the same kind of emotional -- -- did.

After the horrible sitting in Connecticut and I thought the most animated scene that the state of the union was talking about this.

I think it's actually something that he feels strongly about as a person I don't think it's a political things and so.

It's hopefully he does because and by the way even if he wanted to give -- -- -- shotgun watching registered you can you can register if you get -- -- a car you have -- That is certainly will probably Julie Julie you're I have I'm gonna take you got the West Virginia for a weekend and -- a -- -- I'm gonna show you how things are I.

Yeah oh yeah.

Hudson I know I know why I got -- registered card signatures on a West Virginia tell you you need.

You need -- well not if it's up on blocks and you need to respect our lifestyle choices -- -- here.

They really yeah.

Good guy right you don't bring guns up -- New York City will be fine will be cool.

Deal I will never bring any guns into New York.

I believe Mike Bloomberg will hunt you down himself.

Or large beverage containers -- Don't you take any large beverage I lost styrofoam or guns or anything you can do okay thank -- -- -- we thank you.

Donna Callaway is waiting in the wings I can see him even now he is eager to tell you things about federal regulations and how you could go to prison so.

I'm not saying that you should stay for fear of your own liberty but maybe just hang around a little bit.

So we'll see the -- -- happen is -- beyond the grand jury is become just an extension of the prosecutor.

And as opposed to a real screening device.

And a lot of people come in there you know took part time gig for them.

They are citizens but they're not there every day.

And they depend on the prosecutor.

To be -- advisory has -- the law allows and requires.

That was Roscoe Wilson -- -- former US attorney in the District of Columbia I met -- How prosecutors are increasingly leaning on grand juries and federal crimes.

Where Rangers may not have a lot of information may not have a lot of background to trip people up -- didn't even know that they were committing.

Hello my name's this is power play and doesn't -- -- here he is as correspondent is a colleague a cherished colleague here if you're right there's.

And -- we only have a minute -- we had some technical difficulties but.

You will be telling this story throughout the day here on Fox News Channel announcement report give us an overview what -- -- -- -- -- We're talking about prosecutorial overreach this is something -- -- more legal scholars are paying attention to now days and few books have been written on the subject he used to be Kristen one in every twelve cases or so with the federal liberal or plea.

Bargained out.

Now days it's about one in every forty cases.

Actually good and I should say that goes to trial but the vast majority of our plea bargain.

And what's happening and there's increasing body of evidence that prosecutors.

Now these are just piling on charge wrap up the big -- yeah yeah grab bag of loss to work with.

So they pile on charges they call it -- defended and threaten them.

They're going to be charged with with all this.

The prosecutors and federal government has access -- tremendous amounts of money often -- was -- -- that the riches defendants are added and extreme disadvantage.

They also face some degree of double jeopardy in the sense that.

State legislatures and congress also passes lots of of -- -- which required minimum sentencing guidelines and so judges are limited in what they can do in exercising judgment what they're supposed to do.

So the -- accident the other when I covered the federal courts because the meat.

Writer once they got even your toe into the machine they were gonna grind you no matter what the case and we called the letters that you received the ones that -- just described as -- blank.

Letters which was the intended effect that the US attorney weighted average -- downloads and oh why not I'm probably going to prison but I doubt I would and Internet tune in and watch -- tonight you can -- in my special report tonight you can see him all day -- we thank you very place okay Internet -- some things that you should know first of all mock tank says.

The ones that don't do background checks -- private -- selling their guns there at gun shows and there's truth -- that that the gun show loophole.

Isn't this big a loophole as people say.

Box that says.

Yeah make a -- -- -- background check on the black market I'm sure that they will lessen the act is how do you get people who were already engaged in criminality to comply with things like that isn't anyone listening says why does the government -- -- list of those that can't purchase -- -- on the Internet.

That's actually a bad idea there -- -- out there -- -- isn't anyone listening I'm glad someone is listening and I hope more do.

On the hunt with Jonathan Hunt is up next to delight in entertainment notify you.

But before you get there.

How about some power points would you like -- -- points I would today's power points or by George.

Number one PowerPoint number one a day off by any name.

What is this holiday weekend is -- presidents' day weekend you know it is not.

This is George Washington's birthday the name has never been changed -- President's Day weekend except for what happened was that a lot of stations to celebrate Lincoln's birthday and Washington's birthday is separate holidays but when they squeezed everything together on the federal level -- -- branded as presidents day which is like.

Whatever okay fine what about George Washington well I can tell you because here's the second PowerPoint.

The wild days of 68 in 1968.

While much of America was writing and inflames and doing all sorts of other things.

The congress of the United States doubled pressing issue three day weekends and in 1968.

The Monday normalization of holidays acts made every holiday and Monday holiday and George Washington's birthday went from being celebrated on his birthday which is still.

It's a week away it's went to being on the nearest Monday.

And then it became that it but it was never called presidents day but I convention.

It it created to George Washington -- here or are they decreed all presidents.

So here is the -- PowerPoint pierce Johnson and hard it.

That whatever your political stripes Franklin Pierce Andrew Johnson Warren G.

Harding were not good -- -- they were not great presidents.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Give him his day -- you go to the white sales as you take the day off as you sleep in on Monday please.

Think of this not this President's Day weekend but as Washington's birthday the guy earned it.

That was your power points for today and now as we like to do every day we want to leave you with the word from our friend Charles.

It isn't.

Just any new entitlement.

And entitlement in an area where we know that the seven billion a year that we spend on head start.

Doesn't make any difference after the third -- study that HHS has done the child that.

So it's a failure and -- he wants to double -- to make it universal.

That's probably a definition of a liberal.