Can lawmakers stuck in gridlock learn from the grid iron?

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Can lawmakers stuck in gridlock learn from the grid iron?

Former Notre Dame football coach Lou Holtz weighs in on whether or not Republicans and Democrats can come to a border security compromise before the February 15 deadline.

This is a rush transcript from "Justice with Judge Jeanine," January 26, 2019. This copy may not be in its final form and may be updated.

JEANINE PIRRO, HOST: Hello and welcome to "Justice." I'm Judge Jeanine Pirro. Thanks for being with us tonight and thanks to all of you for once again making "Justice" number one last weekend.

Now, we have a big show on deck with former governor Mike Huckabee, David Bossie, Dan Bongino, legendary football coach Lou Holtz and Dr. Sebastian Gorka all standing by live. Plus my take on the Roger Stone indictment that you need to see, but first my open.

Whether you like the President or not, what separates him from every other President is that he's not one to hold his finger to the political winds before he makes a decision. He tries to make decisions that are right, decision that are best for you and me. They're not always popular and of course, the most difficult ones will always be questioned. Yesterday's decision was one of them.

The deal was to reopen the government through February 15th creating a bipartisan bicameral committee tasked with negotiating an agreement on border security. The President made clear though, he's sticking to building a barrier.

(BEGIN VIDEO CLIP)

PRESIDENT DONALD TRUMP: We really have no choice but to build a powerful wall or steel barrier. If we don't get a fair deal from Congress, the government will either shut down on in February 15th again or I will use the powers afforded to me under the laws and the Constitution of the United States to address this emergency.

(END VIDEO CLIP)

PIRRO: the attacks were immediate, full-bore and relentless. Instead of giving the President credit for recognizing the damage to this country, he was attacked by virtually everyone. Instead of people saying, "Thank goodness someone in Washington recognizes the need to compromise, someone who actually understands the purpose of government is to serve the people."

He sees people who live paycheck to paycheck having a difficult time buying groceries and paying their bills. Airports closed preventing people from business trips, visiting family members as well as the attendant economic hardships and unlike the obstructionists and the Trump haters who don't give a damn about ordinary Americans, he simply couldn't let it go on.

He did not cave. He made a tactical decision, a strategy decision to pick the ground to fight on. He chose to stop the fight today to fight another day and that day will be February 15th. But of course Chuck crowed.

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER, D-N.Y.: Hopefully now, the President has learned his lesson. No one should ever underestimate the Speaker as Donald Trump has learned.

(END VIDEO CLIP)

PIRRO: Chuck, I hate to break it to you, this isn't a game. It's not about underestimating people. It's about people without a paycheck. Something that you're not willing to go without and Nancy got off her broom long enough to say --

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI, D-CALIF., SPEAKER OF THE HOUSE: Our unity is our power and that is what maybe the President underestimated.

(END VIDEO CLIP)

PIRRO: And Ann Coulter blasted Trump for not keeping his promise for the border wall saying, he lied.

(BEGIN VIDEO CLIP)

ANN COULTER, POLITICAL COMMENTATOR: We thought that he wouldn't care what the elites thought and he'd actually keep his promises on this.

(END VIDEO CLIP)

PIRRO: And he still doesn't care what the elites think, he cared about the people who unlike you don't have enough money to take care of their families. He couldn't tolerate airport shutdown and you want to compare him to Reagan when Reagan fired the striking air traffic controllers. Here's the difference, Ann.

A President does not have the right to fire non-essential employees during a government shutdown. OPM regulations under 5CFR Part 752. Reagan firing the air traffic controllers in 1981 because they were in violation of the law. That situation, Ann, is totally different and not analogous. Public Safety workers have no right to strike. It was the same approach Calvin Coolidge took when the Boston police went on strike.

These people, they don't understand Donald Trump. They just want to criticize him like they did with other non-popular decisions like meeting with Kim Jong-un who hasn't by the way launched a ballistic missile since the meeting, like the tariffs which were unpopular but seem now to be working.

Folks, the war isn't over yet. Remember, Donald Trump is a man willing to take the shots to change the norm in order to do what he thinks is best for the country. Very often, he's dead on.

Closing the government torrid him. Opening it, whether it's a popular move is irrelevant in his mind and remember, this war is not over. It's nothing but a hollow victory for the Democrats.

On February 15th that the Committee does not come back with a workable solution, which would be a shock to me because Congress is certainly not about getting the job done, they've kicked the can down the road with the approval of Presidents like Obama and Clinton and Bush with no one looking to actually get something done.

This President could do the same thing. I believe, he will not, because another continuing resolution is not his style. I believe the President will call for emergency funding for the wall. He's tried everything else.

The only thing I would ask is that he makes sure it doesn't get to the Ninth Circuit aka the Ninth Circus. The idea of Congress going on yet another vacation the day after February 15th with all of this unsettled, without any kind of resolution is just another reminder to the American people of what Congress cares about - themselves, their vacations and the lobbyists who fund those vacations.

But I'm here to tell you, never underestimate this President. This President lives to fight another day.

And that's my open. My first open, but tonight stay tuned for my very important must-see second open on Roger Stone.

And joining me now with reaction to my opening statement and all the developing news today, former Arkansas governor and Fox News contributor Mike Huckabee. Good evening, Governor.

MIKE HUCKABEE, R-ARK., FORMER GOVERNOR: Well said, Judge. Great opening and I agree with you. I think what we're looking at is that the President is actually going into the locker room at halftime and let's be fair, I think that from the public perception, maybe he's a touchdown behind right now. It looks like Nancy Pelosi has won, but this game isn't over. This is halftime at the Super Bowl and it looks like the Democrats are going to overplay their hand and when they do and he comes to play the second half, he's got a chance to really put this one and take it home.

PIRRO: Let me ask you this, if they - look, we've got this committee that's going to be working for until February 15th, and they're supposed to come up with a resolution - how do you feel about this committee coming up with some kind of resolution?

HUCKABEE: Well, if it doesn't include a wall, the President is obligated not only because of his promise and because of his convictions about it, but also he's obligated to keep pushing that wall and insisting on it because it does matter to the security of the United States and the very people that he cared enough about to open the government back up.

I wish Nancy Pelosi had cared very much at all about the 800,000 workers. I wish the Democrats had some interest in what happens to the dreamers, but they really don't. They're just political pawns to them. So the President has an opportunity and if the court rules against him, Judge, I think he's got to defy the court on this and say one single Federal judge does not have the power to overrule an elected President and change the entire country's agenda and force that to the Supreme Court where I believe he will win if it goes there and it needs to go there quickly.

PIRRO: Well, I believe that the President will, you know, temporarily abide by whatever injunction if he's enjoined, but that it will get a speedy resolution by the Supreme Court. But it doesn't always have to go to the Ninth Circuit, I mean you know the Ninth Circuit is a circus and it's a waste of time and it goes on and on and on. Let's see what happens in the end with that.

But if there is a continuing resolution, kicking the can down the road separate and apart from the wall, the President will use his emergency powers, do you agree with that?

HUCKABEE: I think he will. I think he will immediately be challenged in court, but too many constitutional scholars believe he does have the power to do it and that's why I say, he cannot let the judiciary run over the executive branch. These are three equal branches and there's nothing equal 
if a single Federal judge sitting in Albuquerque our Los Angeles or anywhere can singularly overrule the President of the United States. That's an act of judicial supremacy, not an act of three equal branches; and I hope the President will do what Andrew Jackson did and just say "To heck with you. I'm not going to abide with it and if you think I should, then you come and enforce it."

PIRRO: Ha. Well, that's an interesting take. All right, let's - I want to move on for one second to Nancy Pelosi and the fact that this did not seem to hurt the Democrats. Democrats going on vacation, by - you know with lobbyists. She was in Hawaii. They're going on vacation on the 16th. The American people - what is happening? Are they buying this feeling that you know, it's all Donald Trump's fault when he's the guy who is holding strong to his promise and yet he's getting criticized by everyone?

HUCKABEE: The people that hate Donald Trump still hate him, nothing changes, nothing will change. They can't change. These are irrational people. They don't think with their brains anymore. They think with their emotions. They're incapable of making a change of view about this President.

But there are a lot of Americans who maybe didn't vote for the President, maybe they don't even like him, but they can look at this objectively and they're not stupid and they can see that Nancy Pelosi cares nothing about DREAMers, about government employees and she's not willing to say anything in way of compromise to bring about some solution. she just wants to make political points.

And the fact that she said not one dime for the wall, there's not going to be a wall and then the idiotic statement that it's immoral, when if it is, then get rid of all the walls around the Capitol, the White House and every single place in America including Fort Knox and I'll be the first in line to go over there and check that place out.

PIRRO: But you know, it's not only that, it's that the Democrats wanted it in 2006 and 2013. You know, this turn of feeling toward the whole thing is indicative of their hatred for Donald Trump and it is really very sad. But finally, what did you think about how the government broke into or the Special Counsel broke into Roger Stone's house yesterday?

HUCKABEE: Shameful, disturbing, frightening. Here's a man who would have easily just walked in, come in voluntarily with his attorney and that kind of thing is dangerous. It's reckless. Its scares the daylights out of people and it was utterly pointless to do that and I would love to see a very thoughtful discussion going forward that you don't use force when it's unnecessary and it was well beyond unnecessary to go breaking into a man's home who is sixty-six years old, doesn't even have a passport, poses no threat to anybody and to do that kind of just police state action, every American ought to be appalled by it.

PIRRO: Well, they're not because it's politics and I believe he had a passport, but I think it was expired. He didn't have gun, but I'm doing my second open on that and you get to hear what I think because I did that for a living for many years. Anyway, Governor Mike Huckabee. It's so good to have me on "Justice." Thanks so much for being with us.

HUCKABEE: Thanks. Always a pleasure.

PIRRO: Thank you and still ahead, I deliver a second special opening this one on Muller's takedown of Roger Stone. You won't want to miss it. Plus, legendary football coach, Lou Holtz with some thoughts on how to break through the partisan politics in D.C., but first Trump insider David Bossie is here and he's sitting down right now. We'll ask him what the President should say to his critics on both the left and the right. "Justice" back in a moment. How are you, David?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

TRUMP: It's just common sense. Walls work. That's why most of the Democrats in Congress have voted in the past four bills that include walls and physical barriers and very powerful fences.

The walls we are building are not medieval walls.

(END VIDEO CLIP)

PIRRO: That's President Trump standing his ground on securing the southern border no matter what the critics say. Former Trump campaign manager and co-author of "Trump's Enemies," Fox News contributor David Boston's joins me now with his take on all of this. Okay, so they're saying he caved. Did he cave?

DAVID BOSSIE, FORMER TRUMP CAMPAIGN MANAGER: No, I don't see it as a cave. I see this as a process. This this is what you just said in your open, Judge. This is a half-time stop in the action. The President is going to readjust. He is going to figure out the path forward, but I can assure the American people that he's going to build a wall.

At the end of the day, there's going to be a wall and that's what the President knows. He is trying to force Congress to do their jobs. They've abdicated the responsibility and by the way, Judge, you and I both blame Paul Ryan over the last two years that he failed and we're only in this position. President Trump is only in this position because Paul Ryan and the Republican leadership failed this President.

PIRRO: And the Omnibus Bill.

BOSSIE: Absolutely.

PIRRO: In the Omnibus Bill preventing him from using any money for the barrier, but more importantly, the President has a heart and that's what people don't realize.

BOSSIE: And he understands what's going on. He hears from the families. He sees his White House staff - those folks that aren't at work. He understands. Look, you know, in the Washington D.C. area, there are Federal employees who had to go to food banks. In my community, the public schools and the private schools, I have kids in each are holding lunches and dinners for the families who are affected by this. That's what communities do. They come together to help people out, but that's what the American people saw and that's why they want the government open so these 800,000 people are --

PIRRO: And the President heard about this.

BOSSIE: Of course he did, but it doesn't mean that he lost focus on building the wall and having all of border security. Look, we get focused on the wall, but this President wants to fix the broken lottery system, right? He wants - he talks about the comprehensive problem. He doesn't want a comprehensive solution, which is what a lot of people have wanted over the years.

But he understands the visa problem, the lottery problem. These folks are coming into this country illegally. We need border security. We need more border men and women on the border.

PIRRO: Okay, but the problem is that, okay, he has a heart and he says, "Look, I don't want this going on anymore." Nancy Pelosi and Chuck Schumer alike, "No, he knows he can't play with us." I mean, they don't know the guy, you know, he's just living to fight another day on another hill, all right.

BOSSIE: Let me just say this, this is about the reprehensible actions of Nancy Pelosi. This President stood tall in the breach, that's what leadership is. He said, "I own this." When he really didn't. That's what leaders do.

Nancy Pelosi owned this this shutdown because this President, the watchword in Washington for the last 200 years has been compromise where both parties come together and they find a middle ground.

PIRRO: Of course, it's the only to get things done.

BOSSIE: In this particular case, this President made multiple, multiple offers and the Democrats said no. The Democrats said zero dollars, no money for border security, and I will say that the blood is on their hands at this point. The American people have to understand who wanted them to be secure and who don't.

PIRRO: They don't. They don't and that's the crazy part of it.

BOSSIE: Yes, well we have a communications problem. There's no question. We have to make sure that we are educating the American people all the way through this process.

PIRRO: What's going to happen on the 15th? Will they come up with a bipartisan resolution?

BOSSIE: One of the things we have to do over the next, you know, until the 15th, the next three weeks is to make sure the American people understand that the President is putting policies and offers on the table and the Democrats or not, and if we get to February 15th and these Democrats have not done what they said, which is "We will negotiate once you open the government."

PIRRO: And he did.

BOSSIE: And he did, now we're going to see - look, the shoe is on the other foot. Nancy Pelosi, we're going to try to make sure the American people recognize that it is her that is standing in the way of border security.

PIRRO: Okay, and you know, does that mean you don't expect anything good to come of it?

BOSSIE: I think this President is going to deal with the cards he is dealt. If these abstinent, you know, politicians which are going back to gridlock. Americans hated gridlock. We haven't heard gridlock in years - the two years that Donald Trump has been President, because he forces the issues. He is not a laid back President. He is somebody who is forcing the issue every single day and that's what he wants to do is build the wall and secure the American people and that's what he is going to do.

PIRRO: Is he going to build a wall?

BOSSIE: He is going to do it, and look, on the 15th, if he has to use his emergency powers, if he has to use the military to do it, he is going to.

PIRRO: I've got to go. I agree. And David Bossie, thanks so much and up next, it's been a jam-packed news week and one opening statement just won't do it. A second and special edition of my opening statement comes your way after the break.

(COMMERCIAL BREAK)

BRYAN LLENAS, NATIONAL CORRESPONDENT, FOX NEWS: Live from "America's News Headquarters," I'm Bryan Llenas. The yellow vest movement in France keeping the pressure on President Emmanuel Macron for the 11th straight weekend. Protestors gathering in Paris and other cities, more than 80,000 police officers were deployed to patrol the events. The movement is protesting what they say are Macron's pro-business and pro-rich policies and they say the concessions he has offered thus far do not go far enough.

And France isn't the only country in Europe facing protests. Thousands also gathering in Belgrade, the Serbian capital. Protesters marched by the state TV building and then to the government headquarters. They're protesting the populist government of President Aleksandar Vucic accusing him of stifling democratic freedoms and keeping a tight grip on Serbian media. I'm Bryan Llenas, now back to "Justice with Judge Jeanine."

PIRRO: Welcome back to "Justice." Tonight's panel is standing by, but first not a great weekend for Roger Stone who's over the top arrest yesterday morning is the subject of my second opening statement tonight.

So the Mueller team gets an indictment against Roger Stone who is represented by an attorney, but instead of notifying the attorney and requesting he bring his client in for arraignment - standard protocol in cases like Stone's - the Muller team decides instead on Gestapo tactics.

While still dark and well before dawn, 29 armed FBI agents and a SWAT team donning large shoulder weapons, body armor, fatigues and tactical vests arrived at Stone's home. Seventeen vehicles including armored trucks, lights flashing, a bullhorn, they begin banging on Stone's home yelling "FBI, open the door." The only people home were Stone, his wife and their dogs.

And lo and behold, CNN is there. Cameras in tow, waiting with the FBI an hour for it all to start. Now why would they be there? Especially when the FBI considers this dangerous enough to have SWAT teams and guns drawn?

(BEGIN VIDEO CLIP)

ALISYN CAMEROTA, ANCHOR, CNN: Why were you there in position?

DAVID SHORTELL, CRIME AND JUSTICE PRODUCER, CNN: Alisyn, it's reporters instinct. The whole Russia team thought maybe something was happening. There was some unusual grand jury activity in Washington, D.C. yesterday.

(END VIDEO CLIP)

PIRRO: Unusual grand jury activity - hey, grand juries meet in secret. What do you know about the activity of the grand jury? What do you know about when they meet or if their schedules change? Does all unusual grand jury activities suggest indictments are being handed up? Admit it, you got a call from them. You're not kidding anybody and it's a crime for whomever alerted you to alert you, although I suspect, Mueller won't give a damn.

Now a lot of people have commented on Mueller's request for an early morning takedown. Let me be clear. I'm not one of those commentators. I did this for a living. For 30 years, my police squad worked with the FBI, DEA, State Police and local law enforcement when we needed help in arresting or seizing evidence in a potentially dangerous situation where the individual was dangerous or a flight risk.

What the Mueller team did here was not only laughable, it was embarrassing to everyone in law enforcement. Waking a couple up pre-dawn is chaotic enough, but when the wife is deaf, a directive to her by someone with a gun drawn when she cannot hear the directive is a catastrophe waiting to happen.

This show was put on to embarrass and intimidate Stone. He wasn't a flight risk and he had no guns. His passport was expired are just about to expire. Mueller's intent was to poison the jury pool to make Stone seem like public enemy number one and his indictment is not even for a violent crime. It has nothing to do with Russia or collusion. It's a process crime.

You keep asking the same questions over and over and over, hoping there will be a mistake and when there is, you indict. The President is right. Stone lying to Congress, Jim Comey lied to Congress, John Brennan lied to Congress, Clapper and dear Hillary - that woman lied every time she opened her mouth.

Need I go on? Roger Stone is charged with crimes after the fact that involved procedure. The only reason Huma Abedin, Cheryl Mills, Bryan Pagliano and the whole gang surrounding and protecting Hillary are not charged with processed crimes is because Jim Comey who himself should be indicted never bothered to investigate. God help America.

And that's my second open. Tell me what you think about it on Twitter and Facebook #JudgeJeanine. Here with reaction to my second opening statement, the host of "Dan Bongino Podcast," Dan Bongino and former aide to Senator Chuck Schumer, talk show host Chris Hahn. Let's go to you, Dan. You have law-enforcement experience. Have you ever seen a takedown like this for this kind of crime?

DAN BONGINO, HOST, DAN BONGINO PODCAST: No, Judge. I'm with you. I mean, early morning raids as you know are not unusual, but early morning raids for let's get this straight, a non-violent process crime who is of zero flight risk, who's an easily recognizable public figure, who's already cooperated by offering up proffers and statements to Congress is utterly absurd.

This is so ridiculous and, Judge, one more thing on this, don't you find the timing of this convenient? Remember, the Manafort raid which was equally unnecessary happened the same week we found out about the Peter Strzok text messages. What happened last week? We found out that Andy Weissman, Mueller's chief pitbull in the case knew about the political oranges of the dossier and all of a sudden we have this unbelievably unnecessary raid on a house, just incredible.

PIRRO: Chris, your response?

CHRIS HAHN, TALK SHOW HOST: I agree, I am against the militarization of law enforcement under all circumstances unless it's really extreme and I think this was overdone. I think they could have called him and had him come in and then executed the search warrant separately. So I am not in favor of the way it went down.

But I would not call obstruction of justice and witness tampering process crimes. They are real crimes that should not be tolerated in the United States of America.

PIRRO: Well, they are process --

HAHN: But I will say this to Roger Stone - I will say this to Roger Stone, he did end the government shutdown by getting the President to decide to change the subject by reopening the government. Thank you, Roger Stone.

PIRRO: Dan?

BONGINO: Well listen, Chris, one I applaud you for finally coming to your senses and agreeing with the right side of this debate, but you know, you said something the other night --

HAHN: We agree from time to time.

BONGINO: The essence of - a process crime is a crime, that's why I said process crime. I am not denying that. But you know, I found it fascinating, you were on the other night and you said something interesting that this is all bad now because Roger Stone was dealing with unsavory people who are dealing with foreigners, but it's so convenient how the left, Judge leaves out the fact that this entire case was started precisely because Hillary Clinton's team on the record was dealing with foreign spies, dealing with the Russians. It's like they have amnesia in this case or they are purposely lying to people.

HAHN: So Dan, I know you didn't go to law school, so you probably didn't read the full indictment, but the Democratic National Committee server --

BONGINO: I did read the full indictment, Chris.

HAHN: The Democratic National Committee server was infiltrated by the Russians that was announced and then the Trump campaign went looking for those e-mails through WikiLeaks. Now, who directed the senior campaign official who was probably Steve Bannon to do that? I don't know. We'll find out.

BONGINO: This is great.

HAHN: I want to see.

(CROSSTALK)

PIRRO: You want to criticize -- I've got to stop, if you want to criticize him for not going to law school, I'll criticize you for not putting your evidence where your allegations are. Probably Steve Bannon.

BONGINO: No, Judge, he just made the case for us. Look at what Hahn just did, Judge.

HAHN: You criticize me for having --

(CROSSTALK)

BONGINO: He claims to be a lawyer.

HAHN: ... every week.

PIRRO: Go ahead, Dan.

BONGINO: He claims to be a lawyer, let me - and he just made the case that Donald Trump didn't collude on national television on the most popular show. Thanks, Chris. So you're telling us in the same statement that you read the indictment which I read and that Donald Trump colluded with the Russians -- wait, wait, I let you talk, I'll make you make a fool yourself, now it's to call you out on it.

HAHN: Oh, you think that's a fool, Dan, stop.

BONGINO: So Donald Trump was colluding with the Russians and yet in the indictment, it says that they had to ask someone to ask someone to ask someone to speculate on what WikiLeaks was going to release next after they already released the trove of data and yet Donald Trump was colluding with the Russians. Does that make any sense? Or are you this brain dead all the time?

HAHN: Dan, Donald Trump's own Secretary of State when he was director of the CIA called WikiLeaks a hostile foreign actor. The President while he was running for office or somebody senior was directed to seek these e-mails from WikiLeaks.

BONGINO: Why would they have to do that?

HAHN: ... foreign actor who got them from the Russians and we've established that the Russians - that the Trump campaign had reason to know that the Russians were the ones who took those e-mails - stole those e-mails.

BONGINO: Judge --

PIRRO: Can I ask a question? I have to ask a question ...

HAHN: ... from the DNC.

PIRRO: Chris, why would the DNC refuse to give these computers to the FBI?

HAHN: The computer - the DNC did a clone of their computers to the FBI. They gave clones of their computers to the FBI. They had all the evidence they needed to understand what was going on.

PIRRO: No, they didn't. No, they didn't. They want to complain about it.

BONGINO: Judge, he doesn't even know the facts of the case, Judge. Jim Comey was asked on Capitol Hill what's the best practice? This is - you can look this up yourself, Chris, do some homework and the best practice is to get the server, not a clone, that's the FBI director himself. Stop the nonsense, and Chris --

HAHN: I agree. I agree it's a nice talking for you, but it doesn't make all that much of a difference. You're right it isn't best practice, it is a nice talking point.

PIRRO: It's indicative of intent. That is an intent to prevent the FBI from seeing what they're doing. Dan Bongino, Chris Hahn, thanks. I didn't get involved that much.

All right, the shutdown is over, but partisan politics continues to cripple the capital. Can lawmakers stuck in gridlock learn from the gridiron? Who better to ask than legendary football coach, Lou Holtz. He joins me after the break to tackle the issue.

(COMMERCIAL BREAK)

PIRRO: The President puts the American people before politics and gives the Dems three weeks to act on the border wall funding. Now, my next guest has a very interesting perspective on the partisan gridlock. Legendary University of Notre Dame football coach, Lou Holtz joins me now. Good evening, coach. It's good to have you back on "Justice."

LOU HOLTZ, COACH, UNIVERSITY OF NOTRE DAME: Always great to be with you, Judge. Thank you for having me.

PIRRO: I love having you. All right, Coach, what is your take on the shutdown and what is your take on what happened yesterday with the President reopening the government?

HOLTZ: Well, I think first of all, we have a serious problem today. The problem is because the Democrats and the Republicans have two different objectives. Thirty years ago, we had the same objective - keep the people safe and let them be successful. Now, today the Democrats have a different objective. Obviously, they don't care about the people, they don't care about safety and why do I say that?

Because if they did, they would build the wall. They say, "Well, we have drones." Well drones does nothing but say we catch and release, and here's the other thing. I am at my wit's ends because the referee which is really the media has joined the other side. It's just like what happened in New Orleans and the Saints. If they don't make fair calls and the media certainly had done that in the last couple years, that's why I say we have a serious problem.

But I think, we also have to blame the voters. Make some better choices. How many Democrats did I hear "Oh you left me out, reach across the aisle. Oh, I won't go with Nancy Pelosi and Chuck Schumer." Where are they? And because we have two different objectives and we have to get back to saying, "Let's keep the people safe and make them successful."

PIRRO: All right, so the President yesterday makes a decision to reopen the government for the partial government shutdown. It gives them three weeks. He creates a bipartisan bicameral committee and says, "Look, work on this. You wanted the government open for three weeks, you've got it. Let's do something." Do you think the Democrats who were crowing all they know not - he now knows not to fight with Nancy. I mean, to them it's a game.

HOLTZ: Well, a lot of people go and say, "Well, President Trump caved." He cared about the people. He cared about the 800,000 people. He didn't go to Hawaii. He didn't go over to the Bahamas. What he did, he stayed there and there will be absolutely no negotiation. He is doing what he thinks in the best interest. He ain't worried about being elected et cetera. He is there to help serve the people.

Unfortunately, you can't trust certain people. I look at three things. Can I trust them? If they say something, do they meant it? Number two, are they committed to doing this, and number three, do they care about me? Do they care about me? Why about walls? Why did Barack Obama build a wall around his house? That's one of the first things he did and I say President Trump summed up best when he said, "You build a wall not because you don't like the people on the outside because you love the people on the inside and you want to keep them safe and secure."

PIRRO: Okay, now you know you use a lot of football analogy like the Saints on Sunday. What happened on Sunday? What do you think?

HOLTZ: Well what happened is the official blew it. There's no way to go back and change it. The NFL tried to appease the Saints by suing the guy or by fining him $27,000.00 and it just can't do it that way. It was a mistake, unfortunately, the Saints, for the penalties called, as it should have been would have fell on the ball three different times and then lo and behold, kick the field goal in the last play of the game, but you can't come back, you can't change it. That's why it's so important to have referees make good choices and that's why I say about the media, they're supposed to be the referees. They are supposed to say what's right and what's wrong instead of joining the other side completely.

PIRRO: I love that you analogize the media to the referees who have gone to one side. Now let's talk about February 15th. Let's assume there's not going to be any agreement and you know they're supposed to -- Congress is supposed to go on vacation the next day, you know, Trump has this all worked out, never underestimate the man. He knows they are going on vacation the next day and if there's a shutdown, they're going on vacation again. That's not going to look good for them. You think he's going to use the emergency funding to build the wall?

HOLTZ: I think that he probably will have to. The Democrats said that yes, we're going to negotiate after you open up the government. President Trump did this because he cared about the people, there's no doubt about it. We have to have a bill - build a wall. We have to have security. And if the Democrats don't do it after all this, I think the public would change against them even though the media will try to defend them et cetera, but you have to reach a point and you say, enough is enough. How much longer you're going to fool me? It's like Lucy with the football with Charlie Brown.

Every time, she'd fall the ball down. How many times you're going to fool somebody? The voters have to take note of this and remember, the government is to keep us safe and help us be successful. There's no guarantee you'll be successful, but you should have the opportunity to be successful.

PIRRO: All right, Coach Lou Holtz, next time New York City. Thanks so much.

HOLTZ: I'm looking forward to it. Thank you.

PIRRO: All right, Fox News National Security strategist, Sebastian Gorka joins us next, don't go away.

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PIRRO: What a week it's been, so much to talk about with my next guest, former Deputy Assistant to the President, author of "Why We Fight," and host of the new radio show "America First," on the Salem Radio Network, Dr. Sebastian Gorka who joins me now. All right, good evening Dr. Gorka. You know, something tells me that your background prepared you to answer this question in a very unique way and that is about how the Mueller team made the assessment and decision and followed through on it to arrest Roger Stone at like pre-dawn before it was even light?

SEBASTIAN GORKA, NATIONAL SECURITY STRATEGIST, FOX NEWS: Yes, Judge, my parents lived under a communist dictatorship of police state and back then, there was the phrase "Watch out for the 2:00 a.m. knock on the door."

In Roger Stone's case, it was 5:00 a.m., but it's the same thing. The idea that you've got a man who's a senior citizen, who's charged with what? Perjury and you sent 29 agents wearing body armor and carrying ar-15s to bang down his door. Sorry, you know Judge better than anybody.

Before a warrant is served, before somebody is arrested in their home, there is a commander of the operation, a threat assessment is made and in a white-collar crime this is not how you do it. This is rank intimidation. This is the corruption that Obama left over in the DOJ and this is on Robert Mueller's doorstep.

PIRRO: You know, I think that it speaks to weakness. It speaks to a need to show power and strength.

GORKA: Yes.

PIRRO: That is so absurd to anyone who understands it and you know, it's just like Manafort, and you know what I don't have a dog in the fight, I don't take a position on any of it, but you put a 72-year-old man or however old he is in solitary confinement and you squeeze him and squeeze him and squeeze him. I mean, this is like a dictatorship and he's the dictator.

The amazing thing is, the day before he was special prosecutor, he was begging Donald Trump to be head of the FBI. Why did he want to be head of the FBI? So that he could cover up for all the mistakes that he and his pals had made, you know, in the previous ten years. But let's move on to this shutdown and the fact that the President made a decision to end the shutdown when he saw what was going on at the airports and the concomitant economic injury to the country. The left is dancing, you know, you should be afraid of Nancy Pelosi.

But people on the right, too, are being critical, "Oh we caved on the wall." He didn't cave on the wall, did he?

GORKA: Of course he didn't. People need to understand, this isn't a surrender. This is a three-week respite and he made a very clear statement in his Rose Garden pronouncement, he said, "If we don't get border security," he said, "A barrier, whatever you want to call it, Democrats" -- wall, fence -- it doesn't matter, if we don't get national security for America, he will use his powers as the President and you know what that means, Judge. It means a national emergency and the wall getting built.

What the President has done is a masterstroke. Not only does he get to court to give the State of the Union if he wants, what he has done, he has demonstrated to the whole world that there is one side in this discussion that has acted like an adult and has been reasonable and in 15 days' time, he gets to say, "Look, I gave them every opportunity to act reasonably and they haven't and now, we're going to build the wall."

So that this is the masterstroke. This is the art of the deal and Judge, those people who worry about the President, the base that are worried about him going soft on us, I tell them one thing, get back to me on February 16th.

PIRRO: I am with you Dr. Sebastian Gorka. Thanks so much. We'll be right back.

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PIRRO: Finally tonight, our First Lady Melania Trump got a much deserved apology, finally from the British newspaper "The Telegraph" for an expose that was riddled with mistakes, inaccuracies and outright lies about her marriage, her modeling career and her family. Just another example of the fake news that's out to malign the President and his family. Good for you, Melania.

And my new special, "Liars, Leakers and Liberals" based on my book is available right now on Fox Nation. If you're not a member, sign up tonight. Thanks for watching. I'm Jeanine Pirro advocating for truth, justice and the American Way.

Greg Gutfeld is next. See you next Saturday night.

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