NY man faces manslaughter charges after defending his family from a home intruder

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NY man faces manslaughter charges after defending his family from a home intruder

Is New York law an open invitation to intruders? Attorneys Robert Patillo and Gavin Clarkson share their take.

This is a rush transcript from "The Ingraham Angle," January 24, 2019. This copy may not be in its final form and may be updated.

LAURA INGRAHAM, HOST: All right, we'll talk to you later. I'm Laura Ingraham and this is “The Ingraham Angle” from Washington tonight, negotiations continuing throughout the night, can you believe it? Oh, is the light on?

Where is the light? Yes, it's on there. They're working throughout the night as a deal on the wall and then end to the shutdown could be on the horizon. Well, we have some latest news that might throw some cold water on that. Mercedes Schlapp from the White House will join us in just a bit.

And the Ingraham court is in session. I love this segment but first the privilege that matters that's the focus of tonight's ANGLE.

Unless you've lived under a rock these past few years, you might have heard of a phrase tossed around by liberals that's designed to make you feel guilty. Well, guilty if you're not a minority. It's called white privilege.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: When - when - when we talk about white privilege, you can just imagine that the poorest white women in this country can call the cops on a black person and be believed.

UNIDENTIFIED FEMALE: There are thousands of white men who benefit from white privilege who are still in positions of power.

UNIDENTIFIED FEMALE: White privilege is like it's not made up, like it is a thing by virtue of people just giving you the benefit of the doubt when you walk into a room.

(END VIDEO CLIP)

INGRAHAM: Really? Did Nick Sandmann and the rest of the Covington Catholic students get the benefit of the doubt, last weekend?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This face to face confrontation igniting charges of racism.

UNIDENTIFIED FEMALE: A mob of MAGA hat wearing high school students surrounding a native American.

UNIDENTIFIED MALE: They were kind of smirking at him and kind of looking down their nose at him.

UNIDENTIFIED MALE: Why do we always do this in these sorts of cases when white boys are involved, we give privilege to these white kids.

(END VIDEO CLIP)

INGRAHAM: Some online political terrorists threatened unspeakable violence against the boys and their families. And guess what, the media just shrugged it off. Now imagine if conservative activists had done something similar to female students following the women's march.

And one Savannah Guthrie sat down with the student at the center of the concocted controversy, these are the types of questions that she chose to ask.

(BEGIN VIDEO CLIP)

SAVANNAH GUTHRIE, CO-HOST OF TODAY, NBC NEWS:Do you feel from this experience that you owe anybody an apology? Do you see your own fault in anyway? Why didn't you walk away? There's something aggressive about standing there, standing your ground. So you think if you weren't wearing that hat, this might not have happened?

(END VIDEO CLIP)

INGRAHAM: Her facial expression says it all. Hmm. But then today when Guthrie invited the native American activist Nathan Phillips on, one banging the drum. The privilege seemed to go the other way.

(BEGIN VIDEO CLIP)

GUTHRIE: How are you doing? This has been a whirlwind few days for you? Do you think he should have apologized? And how did you feel in that moment? Did you yourself feel threatened? Have you feared for your own safety? Finally, I wonder what you feel now.

(END VIDEO CLIP)

INGRAHAM: And notice the facial expression in this photo. Mmhm. She seemed to be in pain when she was with Nick. Well, she treats Mr. Phillips with kid gloves even after her early report disproved many of the charges that Phillips had made against the Covington kids.

(BEGIN VIDEO CLIP)

GUTHRIE: Did you hear anyone say, "Build that wall," it isn't audible on the video clips I think that are out there but did you hear that?

NATHAN PHILLIPS, NATIVE AMERICAN IN COVINGTON CONTROVERSY: You know, I did hear that and I have seen some out here on the - on the internets, where you can hear them saying, "Build that wall."

(END VIDEO CLIP)

INGRAHAM: On the internet. Got to get right on that. Given the varying accounts of what happened and outright lies that he told the media, why on earth is Phillips being treated like a delicate flower while a kid who did nothing is grilled? Why haven't the media actually examined the background of Mr. Phillips as well?

Why didn't Savannah ask him for instance, why he passed himself off as a Vietnam combat vet when in fact he was a reservist serving at home who is incidentally also arrested for assault and even at one point escaped from prison? No big deal.

Perhaps Mr. Phillips gets the benefit of the doubt in this case and others because among the media elites, he enjoys something you might call, minority privilege. In other words his heritage and his grievances both real and imagined entitle him to special treatment and consideration.

And by the way, if you dare question his motives or his opinions then you're a racist, period. That's patently unjust, it's ridiculous. Now look evil still exists and of course racism does exist but this is a 1950s when minorities were denied opportunities across the board and when hateful stereo types were broadly applied to them.

They genuinely suffered. Thankfully things have changed. Of course, pocket of racism still exists and always will but in the wake of the civil rights movement, opportunities for all minorities now our vast.

The election of minorities to Congress, the Senate. Appointments of minorities to the Supreme Court and of course, the election of a black President. The success of minorities in academia, in business and sports and entertainment, it's inspiring. Black or white or yellow or brown, we are all children of God.

No one should be profiled as a thug or gunned down for wearing a hoodie at night. And no one should be profiled as a racist and threatened for wearing a MAGA hat. With 2020 around the corner, I'm afraid, this is all just going to get a whole lot worse.

Instead of looking beyond race, American elites are using it cynically to divide us and to scare up new voters, they hope. Meanwhile as frustrating as the current Washington stalemate is, things are actually - believe it or not - getting better in America.

Just about everyone of all races and creeds have more money in their pockets to spend which means people should generally be less and not more angry and dissatisfied. But Democrats can't have that going into the next election, can they?

Happy voters, they don't want them. Nick Sandmann didn't cower or run away when he was confronted by the drum beating provocateur or those other angry black activists. Too often Republicans first instinct even one innocent is to back down or apologize in order to placate the left.

But here is a kid who with grace and dignity, maybe looking a little goofy but he's a kid. He smiled, he stood his ground and he refused to be bullied even today. He wasn't standing up either for white privilege or minority privilege but for American privilege.

The privilege to believe what you wish and not to be attacked for it. And that's THE ANGLE. Joining me now to react is Michelle Malkin, syndicated columnist and host of Michelle Malkin Investigates, it's fantastic, on CR TV.

Along with Democratic strategist Scott Bolden, it's great to have you both on. Scott isn't it now beyond obvious that Mr. Phillips was given the benefit of the doubt over these kids principally due to his native American heritage?

SCOTT BOLDEN, DEMOCRATIC STRATEGIST: I think not, Laura. You've got to be the first commenter to suggest that there's a black privilege or an Indian privilege based on how he was treated. I thought both of those interviews by the other network, Savannah Guthrie made a lot of sense and she was being delicate with him as a young kid and being just as delicate with all the older gentlemen Phillips.

They didn't get the benefit of the doubt and let me say this, the black Israelites and the kids, they were beefy, that's one beef. But the second beef had to do with Phillips who was praying and banging his drum and the kids were doing tomahawk chops and not moving and I don't know what the intentions of the young man Sandmann were.

But the fact of the matter is, it's one, it's unfortunate but two, when they--

INGRAHAM: What did you want them to do?

BOLDEN: - and they tomahawked him, that wasn't appropriate.

INGRAHAM: No one - the Covington kids as far as I know were not involved in shouting any epithets or screaming at them or standing there but we had an adult man--

BOLDEN: You're talking about Israelites--

INGRAHAM: Hold on, we had black men, these adult, black, Hebrew Israelites who were screaming, "Incest babies." Who were screaming horrible things at a Catholic priest who I believe, we have reports tonight, was wearing Michelle, a Make America Great Again hat.

The kids from Covington stood between the black Israelites and the Catholic priest with the MAGA hat on which is why they were actually standing there, one of the chaperones told us that tonight so Michelle, what it - where does this stand tonight?

We still have people like Scott who believes that Mr. Phillips is a credible person in all of this. Credible person who imagines that the kid standing there were screaming, "build a wall," when none of the video shows that.

None of it.

MICHELLE MALKIN, CONSERVATIVE COMMENTATOR: Well, I think it's a shame that your other guest did not mention the fact that those black Hebrew Israelites were race baiting a black Catholic student from Covington and accusing him of being some sort of trader because he was with his white classmates.

There's an entire different strain of racism against minorities who don't happen to fit the liberal narrative and we never talked about that. We never talk about the fact that minority conservatives have gotten the worst, most vile attacks, at least over the last 25 years that I have been a minority of color who happens to be a conservative in public life of being accused of race traitorism.

Of being accused of "selling out our community," when so many minority Democrats are the ones that are selling out their people and more and more and you see this now, it's an extraordinary movement of independent minded minorities who are leaving the so called ideological plantation and braving the slings and arrows of that. I mean it's not just the kids in Covington who face this kind of liberal hatred--

INGRAHAM: You're right.

MALKIN: --of traditional values and you see that with a lot of for example, traditional black Christians who believe in traditional marriage, who are often us it excoriated in the public square.

INGRAHAM: Yes, they're haters.

MALKIN: So the idea that the liberal meet media has tried to apply all these years, it fits into exactly what you said in your opening monologue, Laura that there is a privilege and I don't understand why this--

BOLEDN: You believe that back people or people of color have a privilege in America?

MALKIN: It exists.

BOLDEN: It's does, really. Wow, right there on National TV.

INGRAHAM: Scott.

BOLDEN: Laura, let me say this.

INGRAHAM: Scott, hold on.

BOLDEN: I didn't talk about the black Israelites because we were talking about Phillips and we were talking about the kids.

INGRAHAM: Scott, this is part of the dynamic because in the tape, that people who were ricocheting around the internet last weekend when they were crying these kids as racists, when you actually watch what happened, that's what started it all.

BOLDEN: Exactly.

INGRAHAM: It was screaming, incest babies.

MALKIN: Black privilege. Crystal Mangum had privilege.

BOLDEN: Lots of videos going back and forth. I put in a second bucket. I put Phillips and Sandmann in a separate bucket.

INGRAHAM: Wow, I think if - I think if the chance we're going the other way, it would be - it would be treated very differently if those kids were picking on--

BOLDEN: Why haven't the networks picking on all three then? And they haven't, it's been Phillips and Sandmann.

INGRAHAM: Yes, one thing that I have to bring up is this, the media angle of all this and the Savannah Guthrie, I don't know her, I'm sure you know, she's a nice person but why on earth is there no desire to find out anything more about the guy who decides to bang a drum, couple of inches away from the kids face?

Which I find itself a provocative act. That's in someone's aura space, don't bang anything in front of anyone else. You wouldn't like it Scott, and I wouldn't like it. Michelle, I know you wouldn't like it.

BOLDEN: I would not but he was praying, he's a native American here. He's a peacemaker.

BOLDEN: He was praying and banging a drum.

INGRAHAM: Back it off, buddy. Back it off, it's way too close and it's way too close to a young person.

INGRAHAM: He approached and banged - I don't care what he was doing.

BOLDEN: The kid didn't mind it, he just smirked at him.

INGRAHAM: I don't know like it if you are a Republican, Democrat or nothing, get out of people's faces, I don't like it. This is what Alana Goodwin of the Washington Examiner broke tonight. Let's watch.

I think we have it.

(BEGIN VIDEO CLIP)

PHILLIP: I'm a Vietnam vet and I served in marine corps 72 to 76. I got discharged May 5th 1976, you know. What my box says is that I was in theater. I don't talk much about my Vietnam times. I usually say I don't recollect, I don't recall you know those years.

(END VIDEO CLIP)

INGRAHAM: Okay, well, guys obviously half--

MALKIN: He's afraid of lie.

INGRAHAM: Michelle, why is that - why don't the 30 producers - hold on, the 30 producers that work at the Today show are a lot, okay dozens. None of them could dig anything up on this guy, none of them.

He lied about being in theatre, he wasn't in theatre, not to take anything away from him but he wasn't in theater and Vietnam vets take this very seriously, he's an airo vet, fine, don't say the box says I was in theatre.

What does that say about him if he's lying about his service in Vietnam and no one on ‘The Today show' could find it but a reporter for ‘The Washington Examiner' and other kids found other stuff.

Doesn't sound like they had much desire to Michelle.

MALKIN: And it was military bloggers and commentators, people who do the research and investigative work on stolen valor. People like Don Shipley and Phil Kerpen was out there, early on with these clips unearthing them as well.

Non journalists, non-credential journalists who are interested in the truth and it's the reason why ‘The Today show' didn't ask because they didn't want to know because anything that would undermine this guy's credibility would undermine their own narrative which is that everyone who wears a MAGA hat, everyone who is from Kentucky, everyone who goes to a Catholic school is somehow an unrepentant bigot.

Now you've got The New York Times out there trolling for stories with the hashtag, #exposeChristianSchools, is that journalism? No, that is an ideological agenda to smear so many people who went through those schools and had good experiences including me.

INGRAHAM: They want - they want - they want to outlaw - I mean and in the end they want to ban Catholic schools and Christian schools. They want it all over.

MALKIN: Make it explicit.

BOLDEN: The native American Phillips clarified that on his second interview with Guthrie, I believe you just watched it. Your team sent it to me, one, but more importantly what does his credibility and what he served in the government or not have to do with the video which is the subject of this--

INGRAHAM: Because the guy makes stuff up.

MALKIN: He's made a career instigating manufactured racism.

INGRAHAM: We got to go, we're out of time. The guy - the guy, God bless him, I hope he's okay but he comes across as cuckoo for cocoa puffs, I'll say it again.

BOLDEN: That's not fair.

INGRAHAM: And anyone watching it would be honest would understand. It's he's an adult and he's acting like a kid in front of a kid. All right, we're out of time. Last night we had a discussion about how the MAGA hat of course has become a symbol of racism, everyone else's picked up the story today.

It created a ton of reaction, watch.

(BEGIN VIDEO CLIP)

BISHOP TALBERT SWAN, CHURCH OF GOD IN CHRIST: When it comes to the MAGA hat, it's a piece of clothing that represents Donald Trump and everything that comes along with Donald Trump. Donald Trump is an unrepented racist.

INGRAHAM: So is that a yes?

SWAN: He's an unrepented racist.

UNIDENTIFIED MALE: What?

SWAN: The MAGA hat to many is representative of a clan hood or various other symbols of racism, absolutely.

INGRAHAM: How?

(END VIDEO CLIP)

INGRAHAM: All right and today Lexington Kentucky, left wing Catholic open borders Bishop John Stowe decided to pile on the kids, writing in the ‘Lexington Herald-Leader', "it astonishes me that any students participating in a pro-life activity on behalf of their school and their Catholic faith could be wearing apparel sporting the slogans of a President who denigrates the lives of immigrants, refugees and people from countries that he describes with indecent words."

By the way, that particular Bishop finds plenty of time on his plate to show up at DACA rallies in DC last February so he's a good one to talk about political involvement. We invited him on the show tonight but he's too afraid to appear.

Joining me now is Bishop Aubrey Shines who was watching our show last night. Bishop, your reaction to these two men of the cloth.

BISHOP AUBREY SHINES, FOUNDER, GLORY TO GLORY MINISTERS: Well, I'm appalled. First of all, Laura, it's always great being with you but when I heard Bishop last night and let me just say, just to start out, The Church of God in Christ is a fantastic organization. I was once part of that organization where Bishop Swan came from.

And I can assure you, he certainly doesn't represent the views of those individuals that really strive for equality, these are by the way, that Church of God in Christ, that's where Dr. Martin Luther King actually had his last speech.

It was at the Mason temple in the Church of God in Christ but when I hear Bishop Swan not address the real issues and that is the barbaric eugenist Margaret Singer who gave us Planned Parenthood and as a result of that Bishop Swan, you're talking about 48% of black people that have been aborted, that are not on this planet and you have nothing to say about it.

When I hear that and remember Laura, I was one of their clergy that traveled with then candidate Trump, I support candidate Trump then and I do right now.

INGRAHAM: So I guess you're a racist.

SHINES: No, there's nothing racist about what he said.

INGRAHAM: But I guess you're a racist honestly and I bet you have a MAGA hat, don't wear a MAGA hat around DC. Don't try to go into a gym or a restaurant wearing a MAGA hat because they'll profile you as racist even though you're not - you're not a white person with white privilege like the rest of everybody.

SHINES: Well, you know what, I do have a Jewish mother but with that being said, I will - I will say this to you, Laura.

INGRAHAM: You got it all covered.

SHINES: Yes, I got - I got all the bases covered, the whole rainbow, the real rainbow that is. But here's another reality that we have to look at when I hear the rhetoric of Bishop Swan, remember, this is the same bishop that called Candace Owens a name that I can't even repeat is equivalent to inward--

INGRAHAM: All right, let's broaden it out from him though because he's - I was glad he actually came on the show, a lot of these people like the Catholic bishop won't come on because they don't want questions from me.

SHINES: Well, they're afraid to come on.

INGRAHAM: They're all afraid and they're all hiding behind the collar, okay. I suggest they worry about getting people back in the pews and stop worrying about the you know, their open borders rallies and Trump is the most pro-life President we've ever had. Period.

Okay but I want to point something here.

SHINES: It's not only that.

INGRAHAM: Hold on, hold on. I want to play something for you. Eddie Glaude Junior, I know you and he get latte together. He was on MSNBC the other day, he said this.

(BEGIN VIDEO CLIP)

EDDIE GLAUDE JR, PROFESSOR, PRINCETON UNIVERSITY: The hat in some ways represents for many of us a kind - a kind of racial animus. Make America great again is a kind of nostalgic longing for the 1950s.

(END VIDEO CLIP)

INGRAHAM: All right, now I want to play something for you from - this is Bill Clinton of course and Ronald Reagan on Make America great again, let's watch.

(BEGIN VIDEO CLIP)

BILL CLINTON, FORMER PRESIDENT: I believe that together we can make America great again.

RONALD REAGAN, FORMER PRESIDENT: We'll restore hope and we'll welcome them into a great national crusade to make America great again.

(END VIDEO CLIP)

INGRAHAM: Now I know this comes as a shock to all the Trump supporters but guess what, he wasn't the first person to say it. It wasn't racist then, it's not racist now.

SHINES: Of course not and Laura, it's beyond that, it's not just it's not racist. Again, I travel with this President. As a matter of fact, I'm the only clergy in America that Hillary Clinton put in her book as why she lost the election because of my support and videos that we produced.

This President is not a racist President. I have a heart for this President and that is, it's simple.

INGRAHAM: Okay.

SHINES: He's doing a great - he's doing a great job and this is the President we should be supporting. Look at the--

INGRAHAM: They don't want happy - Pastor, we're out of time but the Democrats don't want happy voters, they don't want people to be able to pursue their happiness in the era of Trump because to do so--

SHINES: Well, that's why they're losing.

INGRAHAM: - would actually drive people to the polls for Trump. Everybody has to be kept angry and I think more people are happy than they'd like it. Thank you so much for joining us.

SHINES: Yes, you're quite welcome.

INGRAHAM: Dems and the media have tried it out story after story about furloughed workers, missing pay checks but neither admit that they have shut down GOP efforts to get workers paid. Yes, we bring you the real story on what they're doing plus a live update on where the shutdown standoff is at this hour.

White House's Mercedes Schlapp next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: On Craigslist, there are cars, children's toys and video game consoles, all being sold because government workers need quick cash. She's now selling some of her belongings including her favorite purse and shoes hoping to earn money to pay bills.

UNIDENTIFIED MALE: Jessica's boyfriend took a second job at night and she started this gofundme campaign, one of about 3000 for federal workers.

(END VIDEO CLIP)

INGRAHAM: Well, those stories are powerful and it is heart-breaking that folks are missing pay checks, that's really hard and you probably have heard that it's the GOP's fault, right? Wrong. House Democrats have defeated three count them three bipartisan efforts to pay federal workers during the shutdown.

What I tell you month ago? They want the shutdown to continue because they think it works for them politically and by the way, Chuck Schumer beat back a Bill today that would have ensured the Coast Guard would have gotten paid. Joining me now is former Chuck Schumer aide, Chris Hahn.

All right Chris, love having you on when Schumer's in trouble. All right, seems Democrats would rather keep this talking point alive than help the very people that they claim Trump is holding hostage. Pray, tell why.

CHRIS HAHN, FORMER AIDE TO SEN. SCHUMER: Well, the Democrats have offered solutions to keep all of the government workers paid including a Bill that the President was originally supporting back in December that passed the United States Senate unanimously.

That would have kept the government open through February so that they could have negotiated with the new Congress, border security and immigration reform which is a very complex issue that's not going to get solved at the point of a gun.

INGRAHAM: I mean they were all for a wall, I mean, I remember, I was there, I was there when Bush didn't want the fans but actually the Democrats did want the fans. I was there in 96 when they were putting operation Gatekeeper up.

Clinton was all the advocating for it. I was there reporting on it. They all loved the border security, they like the fence but now it's Trump's fence or wall whatever you want to call it and they don't like it and it's beyond obvious.

And if I were the Trump administration, I wouldn't compromise at all on this. You can't negotiate with terrorists and I think they're acting like little terrorists - domestic, political terrorists when it comes to this issue, not physical but you know, I'm saying rhetorically. I don't like what they're doing here.

HAHN: Well, the President - the President has already retreated from his sea to shining sea big beautiful wall.

INGRAHAM: But he always was, he never said to put it over the Rio Grande, he never said that.

HAHN: And we're all fine with that and I think that when the President opens up the government, he will have a willing partner in Nancy Pelosi and Chuck Schumer to negotiate real border security that might include some barriers but it's going to include a lot of technology.

INGRAHAM: Yes, okay, technology. In the meantime, I hear sensor or drone, I now it's about letting them cross the border, the drone will identify them, pick them up and release them so the drones are for catch and release advocates but let's hear what - this is what Chuck Schumer spokesman said tonight, just an hour ago or so.

Senator Schumer and Senate Democrats have made it clear to Leader McConnell and the Republicans, they will not support funding for the wall, pro-rated or otherwise. Justin Goodman.

You said they're going to support - that's for any wall, that's for any of it, 5 feet or 500 miles, they're not going to support it.

HAHN: I think when they open up the government like the deal they had in December, the Democrats and the Republicans and the President can sit down and negotiate real border security and immigration reform but nobody should be talking about adding a wall or changing immigration policy at the point of a gun, neither Democrats nor Republicans.

INGRAHAM: Well, first of all, Chris--

HAHN: I fully expect them to be--

INGRAHAM: Do you think - I have a question that has something to do with it. Okay I have a question. Expecting. Do you think the Democrats are worried about spending money because if so it's got to be like the first time they are ever worried about spending money.

I mean we spend money for stuff that is so wasteful and stupid in this town, we can't find $5.7 billion, we spend the overrides on social security and the fraudulent payments on Medicare. I mean there's a list in the government website about over payments and wrongful payments in the billions.

HAHN: Laura, the Democrats are not worried about spending money. In fact, the Democrats gave the President $25 billion today to build a wall. He'll never build that wall, OK?

INGRAHAM: What?

HAHN: He doesn't know how to spend that money. He hasn't spent the money that the Democrats have already appropriated for border security. So we don't expect this president to actually be successful in building his wall.

INGRAHAM: So that's the new argument.

HAHN: We don't want to have the symbolism of this wall out there. Look, it's not going to happen. The president is incapable of doing it.

INGRAHAM: All right, Chris. Now I get it. So now the builder can't build the wall. I've heard a lot, but that is a good one, and I'm really glad you came on.

Mercedes Schlapp is with us from the White House.

HAHN: Let's see --

INGRAHAM: Hold on, hold on. We've got Mercedes on. You've got to be good here.

Mercedes, now the president, even if he had the money, won't build the wall. Wow.

MERCEDES SCHLAPP, ASSISTANT TO PRESIDENT TRUMP: Again, it's the biggest talking point of these Democrats for Nancy Pelosi to say that the wall is immoral. I mean, let's be real, Laura. We know that listening to our Border Patrol agents, the walls work. It reduces the amount of illegal crossings. What we are seeing right now are apprehensions up 81 percent between the ports of entry. That is dramatic.

INGRAHAM: The numbers tonight that you put out, the White House put out late this afternoon, were staggering.

SCHLAPP: Staggering.

INGRAHAM: Thousands and thousands and thousands of people just in the last month.

SCHLAPP: And these smugglers are taking these family units, dropping them off in remote areas, and our guys have to go pick them up.

So what President Trump has done, he has listened to or Border Patrol agents. He is saying, I want to get them these resources, this is about the safety of the American people, of our communities. How many more angel moms do we have to meet? How many more of these families whose lost loved ones because of these illegal criminals coming in and taking the lives of Americans? These are preventable crimes, and this is why we know walls work. We know that we need border security now.

And the mere fact that Democrats want to play politics with American lives, that Democrats have no interest, Laura, in negotiating with Republicans, and negotiating with this president who put forward a good faith effort.

INGRAHAM: They are not doing it. They are not doing it.

SCHLAPP: It's immoral.

INGRAHAM: They're not going to negotiate with you because they think they have Trump at a point where he is going to give up. All the headlines yesterday were, Trump concedes on the shutdown, on that State of the Union, Trump concedes, Trump concedes, Trump -- if I saw one more of the lower third on the cable screens. And they think they've got him. And his instincts are so good on this stuff.

SCHLAPP: Yes. Yes.

INGRAHAM: Last year, he is like, I'm not signing this continuing resolution -- omnibus, excuse me, to Paul Ryan, and they promised him they were going to give him wall funding, McConnell and Ryan. Ryan I think is the heart of this problem here right now. They should have given him this wall the first 100 days. They didn't. So now isn't it time to declare a national emergency? The people are seeing you guys saying it's a crisis. If it's a crisis the president has got to do something for it.

SCHLAPP: That's right. And I think it's clear that Congress, we are not getting to a solution there. So yes, the president is seriously considering other options, that includes declaring a national emergency. Obviously, he's looking into these legal options, that is something he can do. And what is so troubling is the fact that, yes, he's been able to keep the Republicans unified in the Senate. Obviously we needed the 60 votes. Manchin came through, but no other Democrat came through.

INGRAHAM: Why was Cory Gardner breaking ranks today? You've got some people -- by the way, he's never come our show, God bless him. I always liked him. He won't come on the show. What's going on? Debate, come on the show.

SCHLAPP: And then you had some of those Republican senators vote for the Schumer CR, which is outrageous. We don't need that. What we need is for us to stand strong on border security, and the president is right on this issue time and time again. It's what the American people want.

INGRAHAM: Let me tell you why Cotton and Mike Lee said they didn't vote for the GOP bill today. Cotton said I could not support the bill because it gives legal status to illegal aliens without first securing our borders, implementing E-Verify, and ending chain migration. Mike Lee added "This bill simply doesn't do enough to reform our immigration system and address the crisis at our southern border." They are both great on the immigration issue. They are both I think the best in the U.S. Senate on immigration. They don't like this idea, clearly, that the administration seems to be inching towards some type of amnesty to get the government reopened.

SCHLAPP: This is not amnesty. As we know, this was part of trying to find that middle ground to help negotiate and bring the Democrats to the table. And what we have seen --

INGRAHAM: They're not doing it.

SCHLAPP: -- is close, but you've seen some of these freshman Democrats getting real nervous and pressuring Nancy Pelosi. But Nancy Pelosi is in complete denial. And she does not care about the federal workers. She does not care about the vulnerable families. She does not care about those American families that have been impacted --

INGRAHAM: She didn't go to Kate Steinle's family, did she?

SCHLAPP: And the Angel Moms came over to come meet with her, knocked at her office, didn't receive a greeting from Nancy Pelosi or Chuck Schumer. And guess what? The president wants to speak up. He's the voice of these parents who have lost loved ones because of illegal immigration.

INGRAHAM: I think it might be wise -- not that I should be giving advice - - but if I wanted to change the dynamics, you have to go asymmetrical here. You can't play the normal negotiating. They're not going to negotiate. The president is so good when he goes on the road. I would love to see him in a Latino neighborhood, in an African-American community, different places, to talk about what immigration and the right kind of immigration does, great stuff, and the wrong kind of illegal immigration does to communities. I would love to see that. I think that is powerful. That's what puts pressures on the Democrats' constituents.

SCHLAPP: There is no question. He had a naturalization ceremony in the Oval Office, the first of its kind, in highlighting and celebrating the beauty of illegal immigration in America. He is also hosting Hispanic pastors tomorrow that agree with the president's stance on border. And so we are couldn't tell him not going to meeting with African-Americans, with Hispanics, with the different constituencies who have suffered the impact of illegal immigration, both the economic and social costs associated with it.

INGRAHAM: MS-13 is real. The human trafficking, the hurt and concern of lower wages, I think that's a winner for you guys to talk about it, and also talk about all the good stuff that you guys are doing as well. Mercedes, thanks for coming on. We really, really appreciate it.

And I know you have all been waiting for this. Tonight, the return of The Arbiter. Two lawyers, two crazy cases, and one judge, me. It's going to be scary.

(COMMERCIAL BREAK)

INGRAHAM: All right, it's time for The Arbiter, where two attorneys argue a case and I, Judge Laura, will make a final ruling. Joining me now are attorneys Robert Patillo and Gavin Clarkson. Thank you both for being here. Here are the rules in the Court of Ingraham. Each attorney is going to have 30 seconds to lay out the case, followed by rebuttal. Now if the judge needs more information, each of you will have an additional 30 seconds to explain. At the end, I'll bang the official gavel and give my ruling.

Court is in session. First on the docket tonight, a New York man is now reportedly facing manslaughter charges after defending himself and his family against a home intruder. "The New York Post" reporting that Joel Christopher Paul went after Shamel Shauvo with a bat or knife after Shauvo tried to break into the home. Shauvo later died at a Queens hospital. Now months later, Paul is being charged in his death. Robert, you have 30 seconds for your opening argument.

ROBERT PATILLO, ATTORNEY: Laura, I think what's important for us to understand in this case is this is not a traditional self-defense case, it's not a traditional case of Castle Doctrine. Once the threat was neutralized, once the person had left the home, they followed him into the street. At that point, the homeowner and his brother proceeded to beat him with a baseball bat and stab him until he died. This is not a case where someone was simply at their home defending themselves and defending their family. They went above and beyond what was required and what was proportional to stop the attack. At that point, they should have, once they were probably individual, went into the house, called police, and allowed that person to be arrested by law enforcement.

INGRAHAM: Gavin?

GAVIN CLARKSON, ATTORNEY: I'm a lifetime member of the NRA and a strong supporter of the Second Amendment, and even though firearms are not at issue in this case, I think Justice Scalia's opinion in Heller is very instructive, because our right to defend ourselves is a natural right. It's a pre-political right. It's a God-given right. And if you look at the way the Second Amendment is written, it's not that the Second Amendment grants us the right to bear arms. It says that government shall not infringe on our God-given rights to defend ourselves. And just because they are using a bat and a knife, he is defending his family for my home invader. I am a schoolteacher. I support concealed carry in the classroom. And New York's law is like an empty holster.

INGRAHAM: Robert, New York penal section 3515, a person may, subject to the provision of subdivision two use physical force upon another person when and to the extent he or she reasonably believes to be necessary to defend himself, herself, or a third person. How was this individual not actually threatened?

PATILLO: It's not that he wasn't actually threatened. What the code says specifically is that it has to be proportional, what is needed to repel the attack. A witness statement from Mr. Baer (ph), one of the neighbor says, they just kept hitting him. So long after the person was neutralized, long after the threat had been averted, they continued beating the man and stabbing him to death. That is the issue here, now the self-defense, but the fact that they continued past what was needed to repel the attack.

INGRAHAM: Rebuttal? Excessive use of force in response?

CLARKSON: Once again, in my classroom, if I am allowed to bring my concealed weapon into the classroom, and some knucklehead walks in with an AR-15, your kids and your grandkids are going to go him safe that night, because I --

INGRAHAM: Counselor, we're not in a classroom. This is not a classroom situation. Keep to the facts of the case.

CLARKSON: But the issue is that you are defending your family from a home invader. You don't know if he is going to return. Yes, you are supposed to subdue him, but just because they continue to fight in the street and because the home invader continued to beat up on the younger brother, the older brother came to his defense. And you have an absolute right to defend your family, to defend your children, to defend your younger siblings. It's very clear that he was acting within the scope of self- defense.

INGRAHAM: Ruling, Gavin get this one, Second Amendment rules.

Now to a wild case in Florida. Clearwater resident Peter Sloan has been for decades that William Shatner is his biological father. But the "Star Trek" legend has denied any blood tie. Sloan is undeterred, pursuing what he calls his birthright, the Shatner name. But a Miami attorney representing Shatner sent a cease and desist order, threatening further legal action if he moves forward. This one is fun. Let's put 30 seconds back on the clock. Gavin, you may begin your argument.

CLARKSON: Justice Ingraham, as a believer in liberty I don't believe that there is really a role for government in deciding what people's names are. Obviously we have plenty of examples of knuckleheaded parents giving really stupid names to their kids. And you legally change your name to practically anything. And if you are a fan of the next generation rather than the original "Star Trek" series, you can change your name to Jean Luc Picard if you want to.

(LAUGHTER)

CLARKSON: I have no idea if this guy is Shatner's son, but if Elizabeth Warren can falsely claim tribal ancestry, so can this guy. And as an aside, if the president is watching, it should be faux-cahontas, not Pocahontas.

INGRAHAM: Robert?

PATILLO: I think what's important in this case to understand is that we had a similar case recently with Rihanna and her father over the name Fenty, which she uses for her makeup line and he's also using for business purposes. It's a trademark issue, actually, because this individual who has falsely claimed for decades to be related to William Shatner, not by changing his name will be able to make money off the Shatner name and the brand which William Shatner has built up --

INGRAHAM: He's not claiming, counselor, a trademark? Is he making a trademark claim?

PATILLO: He started with a cease and desist, but if the name is granted, then it will move to a trademark issue of the person infringing on what William Shatner has produced as his work product over years.

INGRAHAM: Quick rebuttal?

CLARKSON: I teach intellectual property law. And it's very clear, if he wants to make a trademark claim, he should allege a trademark claim. All of this is somebody wanting to change their name. And government shouldn't be in the business of depriving people of liberty, even to come up with a silly name. And so therefore, it is something where the trademark issue is totally relevant at this point.

PATILLO: If I decided to change my name to Gavin Clarkson and started doing crazy stuff under that name, you should have the right to stop me from doing that. It's one thing if it is an individual changing his name. It's another thing for a purpose.

INGRAHAM: Ruling, Robert wins this one. Shatner, he's safe tonight.

CLARKSON: I am on team Picard, so.

INGRAHAM: I want sanctions across the board, punitive sanctions against all lawyers.

By the way, if you love this Ruth Bader Ginsburg-like doily caller, Tressy Robinson 86-year-old fan, made, actually crocheted this beautiful collar. So I would go with no collar if I were on the court.

What happens when our elected leaders seem to fight for more and more for illegal immigrants than their own citizens? And why a radical bill just passed in New York is only beginning of what looks like a generational fight, up next.

(COMMERCIAL BREAK)

INGRAHAM: According to "Forbes," there are more than 44 million borrowers who owe a collective $1.5 trillion -- yes with a "t" -- in student loan debt. And that means instead of working to ease the burden of that growing debt, what are we doing? Lawmakers in New York just approved a program that allows undocumented immigrants access to financial aid of over $5,000 a year.

So how do current students saddled with loans feel about this? Joining us now, Julia Boudreau. She is a sophomore at King's College in New York, and has committed the next eight years to service to our country to pay back her loans. And Nomiki Konst is an advocate for this bill and candidate for New York City Public Advocate. It's good to see you. Nomiki, how is this fair?

NOMIKI KONST, CANDIDATE FOR NYC PUBLIC ADVOCATE: Well, the entire budget of New York state is $168 billion. Dreamers contribute $115 million to state and local economies, and this bill is only going to cost $27 million. What this is is this is an investment. These are people who pay taxes, they contribute to the economy. Some of them are citizens, they are Dreamers, they're children of undocumented people in New York who have been paying taxes and deserve the same privileges and rights that we have just by being in the right area, born in the right area. Now ultimately --

INGRAHAM: I have a question. Hold on, hold on, hold on. Take a breath. Should people in other countries who want to come here and are good people, should they also -- why should they be excluded from the $5,000 benefit if they are good people and they have done pretty well in school?

KONST: They are not excluded. If people come from other countries --

INGRAHAM: They could get the benefit, too.

KONST: They can fail for financial aid in different forms. This is very specific for Dreamers, children of undocumented people who were born either here or came via --

INGRAHAM: OK. We got to get to Julia. Julia, it's an investment. These people -- when you listen to people who are for more open borders or for amnesty, their point basically is, these people are almost better than American citizens. They are less criminal -- they are paying more taxes, they are working harder, the deserve -- you get that sense that they are the people who really need the benefits, and the American people, I guess you just have to work for eight years to play off your student loans. Julia?

JULIA BOUDREAU, STUDENT, THE KING'S COLLEGE IN NEW YORK CITY: So thank you for having me, Laura. I feel as though when I think about it, that I know so many people who have sacrificed so much to go to college it. And like you said, I have given up eight years to dedicate my next eight years to the military and to pay for college, and I've taken out loans to pay for the rest. And I feel as though, while we need to, certainly we need to --

INGRAHAM: -- be sensitive to the needs of others --

BOUDREAU: Yes, exactly, we need to be sensitive to the needs of others, and we need to take care of immigration reform, that is something we need to do. But we also have so many people who are struggling to pay for college here. And this is bad legislation.

INGRAHAM: Nomiki, I also think we have -- it's easy to say, well, the budget is big, so just spend it on this. But I go to New York quite a bit. I love New York. It's New York, who doesn't love New York? But New York has a lot of problems in the city. And I hear residents complain all the time. I used to live there. It's been a while, but I go there a lot. There's a lot of problems in New York. You've got a lot of still homeless problems, you've got a lot of veterans on the street. You still have a lot of trash on the street, a lot of filth on the street, people shooting up in the alleyways. Doesn't New York kind of have its hands full with the problems that are already there? So if it's $5,000 extra, why not use that to help the New York residents and the veterans on the street?

KONST: This isn't a question of whether or not New York as the money. We generate more wealth than anywhere else on the planet. Yet we also have the worst income inequality. If you want to see the heart of the problem with this issue, it really has to do with it being held up. We now have a Democratic Senate --

INGRAHAM: A lot of millionaires are leaving New York, though, right? They are fleeing New York because of the ridiculous -- they are not?

KONST: No, they're not, actually. You have Amazon. You have the world's wealthiest man who has a helicopter pad paid by taxpayers. At the end of the day, people are not being taxed in New York. They need to be paying taxes, and that's not investing in the infrastructure of New York.

INGRAHAM: They are fleeing New York.

KONST: They're not fleeing New York. Actually --

INGRAHAM: New York ranks number one in losing residents of any state in the United States, followed only by California and New Jersey.

KONST: Because it's unaffordable to live here. It's not millionaires that are leaving. It is working people who can't afford to pay rent, whose wages are too low.

INGRAHAM: I spent a lot of time in Florida. I spent a lot of time in Florida. They are all going down to Florida.

KONST: The retirees move to Florida.

INGRAHAM: They were all going down there.

Julia, so first of all, thank you for your service to the country. Thank you for coming on, both of you. I think this is going to be very interesting to see the way it plays out. But there's a lot of debt in this country, a lot of student debt, we don't talk about it enough. But one point --

KONST: We should make college free.

INGRAHAM: Everything is going to be free.

KONST: It used to be much more affordable. We have to invest in people, humanity. CEOs get free taxpayer income.

INGRAHAM: Everything should be free, cars, refrigerators, all of it. Run on that. You are going to be a good public advocate, Nomiki, but everybody gets on the wagon, who the heck is going to be there to pull it? I appreciate it.

Why did Barbra Streisand cancel a late-night appearance? That mystery is tonight's Last Bite.

(COMMERCIAL BREAK)

INGRAHAM: It's time for the Last Bite.

Bravo's Andy Cohen asked late-night Jimmy Kimmel which guests asked him to swap around his set to show her good side.

(BEGIN VIDEO CLIP)

ANDY COHEN: It was Streisand, yes. And you didn't do it. And then did she come on the show?

JIMMY KIMMEL, LATE NIGHT TALK SHOW HOST: No.

COHEN: Wow.

KIMMEL: And it was the condition, but the condition was we could not talk about the fact that we switched her around. I was like, I just don't how that would work.

(END VIDEO CLIP)

INGRAHAM: Barbara Streisand? Really? That's funny, Raymond asked me to do that all the time.

An unimportant housekeeping notes. I launched my brand-new podcast weeks last week. If you haven't listened yet, make sure you go online, get it, PodcastOne, or of course, iTunes, it's always good to go to iTunes and get it as well. Each episode, we cover America, where we are, and where we are going. I promise you are going to learn something new every day, laugh and learn at the same time, subscribe again, PodcastOne or go to iTunes.

Shannon Bream and the "Fox News @ Night" team take it all from here.

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