Rep. Jim Jordan: The health bill does not unite Republicans
On 'The First 100 Days,' the congressman explains why he opposes the AHCA
This is a rush transcript from "The First 100 Days," March 21, 2017. This copy may not be in its final form and may be updated.
MARTHA MACCALLUM, "THE FIRST 100 DAYS" HOST: High stakes poker tonight for President Trump after what was called an "epic" meeting this morning on Capitol Hill.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Mr. President can you close this deal?
(CROSSTALK)
UNIDENTIFIED FEMALE: Mr. President, can you get the votes, Mr. President?
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I hope so.
(END VIDEO CLIP)
MACCALLUM: Hope so. His capital now on the line for this health care bill, it is a gamble, searching for a win during a bit of a rough patch. The vote is now less than 48 hours away.
Welcome to day 61. I'm Martha MacCallum in "The First 100."
So, behind closed doors, the president apparently really laid it on the line, saying, quote, "Many of you came in on the pledge to repeal and replace ObamaCare. I honestly think many of you will lose your seats in 2018 if you do not get this done." Then, according to those in the room, he asked House Freedom Caucus Chair, Mark Meadows, to stand. And reportedly, with a wink and a smile, said something like, "Mark, I'm going to come after you. I hope Congressman Meadows will be with us in the end."
And Fox News can now report that the Vice President, Mike Pence, also made a special visit to privately speak with Mark Meadows today. We have not seen this kind of press since ObamaCare was passed along party lines. The congressman said, despite being singled out today by number one and number two, he is still a "no". So, how is this going to go?
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UNIDENTIFIED MALE: There's 30 or so votes that are no among conservatives, and then there's about 10 to 20 other moderates.
UNIDENTIFIED MALE: I don't know what David's whip count is for the Freedom Caucus. I know the discussions I'm having are very positive. I think President Trump's visit today with House Republicans was very persuasive.
(END VIDEO CLIP)
MACCALLUM: So, what's the truth? And if it fails, it may be hard to repair the rift between the White House and the so far incalcitrant, such as, our next guest, Republican Congressman and Freedom Caucus member Jim Jordan from Ohio, who joins us now with more. Congressman, good to have you here tonight. Welcome.
REP. JIM JORDAN, R-OHIO: Good to be with you, Martha.
MACCALLUM: So, I assume you are still a "no", and what do you make of the-- of the numbers that those two congressmen, fellow congressmen, were talking about? Who's right?
JORDAN: Yes. I prefer -- I don't prefer -- I prefer not to be called "recalcitrant". I think -- I think we're just standing up and doing what we told the voters what we're going to do. This bill, let's be honest, does this bill repeal ObamaCare? No, it doesn't. Even Krauthammer has said it's ObamaCare Lite. Does this bill bring down premiums? No, it doesn't. Even CBO said premiums are going to go up. And does this bill unite Republicans? Obviously, it doesn't. Every major conservative organization in the country is opposed to it. And you have lots of conservatives in the house and the senate opposed to this legislation. So, the vote count right now, Martha, I think -- look, I think opposition amongst the Freedom Caucus members is very strong. And I don't think there's a vote to pass. So, that's why we have debate. That's what we have discussions.
MACCALLUM: Right. But, you know, what do you say to those, you know, today, lots of tweets going out from Paul Ryan, Kevin McCarthy, they say, look, "We have tried to meet people. We have tried to make, you know, some changes among the changes, increased tax release, more power will go to the states. You've got more support for older Americans, which was a big issue in this." And more than that, what do you say to, you know, conservatives and Republicans out there who say, look, for the first time in forever, you've got the house, you've got the senate, and you've got the president. Can you get this thing to the house and then, you know, begin the long negotiation process that's still to come?
JORDAN: Great question, Martha. So why don't we pass what we passed 15 months ago? I offer that bill last week the same thing that passed --
MACCALLUM: Because it doesn't have a replacement.
JORDAN: Well, but you do the repeal first and we have a separate bill that's replacement. This bill doesn't replace ObamaCare either with something better because it's talking about phase two and phase three, which we all know aren't going to happen. So, look, why don't we do what we did before and pass the repeal, after all, if it was good enough to tell the voters that was what we were going to do, good enough to campaign on, why now when it really counts can't we do that? That's what we need to be focused on --
MACCALLUM: All right. Well, you know that -- you know that many disagree with you and feel like the bill will end up being better off than you say. Just one last question, the president basically said, look, "If you want to do tax reform," and he said, "I really want to do tax reform. You --
JORDAN: We all do.
MACCALLUM: -- need to be with me on this so that we can move this agenda and get things going." One last thought.
JORDAN: What we need -- yes, what we need to do most, Martha, is what we told the voters what we're going to do. This bill, when you read the legislation, does not do that. So let's focus on making sure we keep our word, keep our promise with the American people. They elected us in 2010, 2014, and 2016, largely on this issue. We owe it to them to actually repeal it and replace it with patient-centered health care. That's what we all want.
MACCALLUM: OK. Congressman, thank you. And I would just remind you that incalcitrant is not always a bad thing. It just means you're dug in. That's all.
JORDAN: OK. Thank you.
MACCALLUM: Thank you very much. Good to see you.
So, joining me now with more, Anthony Scaramucci, founder of SkyBridge Capital and a former executive member of President Trump's transition team; Jessica Tarlov is a Democratic pollster and bustle.com Senior Research Director; and Mollie Hemingway is a Senior Editor at The Federalist. Welcome to all of you. So let's go around the horn on this tonight.
Anthony, let me start with you. You're a businessman. You understand the economy of the country. When you look at this bill, and you listen to Jim Jordan, will Americans have lower health care costs and more choice with this bill?
ANTHONY SCARAMUCCI, FORMER EXECUTIVE MEMBER OF PRESIDENT TRUMP'S TRANSITION TEAM: Well, Jim doesn't have as much faith as I do, and so, I do think you're going to get through the three phases. And I - and I agree with the president on this that they have to pass this phase now and send a message to people that the Republicans are going to unify to push a pro-economic growth agenda, Martha.
And so, that includes what the president is saying, is this whole volume, it's health care reform, tax reform, deregulation, those are the legs of the stool that will lead to more economic growth. And so, I would like the guys in the Freedom Caucus to recognize that. One thing that we have to do as a fellow Republican is come together on this issue, even if we don't philosophically agree with every little tenet of it or its purity. And I think the president is making that case well and I think he's going to be successful here.
MACCALLUM: All right. Jessica, how happy are Democrats at the squabbling that's going on right now within the party?
JESSICA TARLOV, DEMOCRATIC POLLSTER: Well, it certainly makes how well Neil Gorsuch is doing, seem a little bit better. I, for the first time, I agree with the Freedom Caucus, which I don't think has ever happened before. And as much as I love Anthony, I disagree with what he's saying here. I think that Jim Jordan made an incredibly powerful point that people on both sides of the aisle needs to take to heart, which is you serve your constituents first and foremost.
And the Republicans have campaigned on repeal and replace as long as ObamaCare has existed. Now, I don't want it repealed. I understand it needs modifications and we have discussed that a number of times in the show. But I think that this smart move is to get it right before you do this. And I don't know if they'll get to phase two or phase three. But when you look at the public polling and the average support is between 30 and 35 percent of this bill. It says plainly and clearly to the administration, we know there are problems with this bill and we're not willing to give up what we have. The devil we know, per se, for the devil we have no idea and that the CBO has painted a very dark picture of.
MACCALLUM: Let's go to Mollie in Washington. Mollie, you`re listening to all of this, what do you think?
MOLLIE HEMINGWAY, THE FEDERALIST SENIOR EDITOR: Well, you know, it's not really even a battle between Trump and the conservative members of the house. It's really a failure of Republican leadership in the house. When you think back to what happened, when ObamaCare was pushed through in 2010, American voters responded by giving Democrats the worst defeat of any major party since World War II. Then, Republican said, "We need more. You need to give us the senate." American voters responded by giving them the senate in 2014. Then, Republican leadership said, "That's not enough. You need to give us a Republican in the White House." And they did that in 2016. And now, they said they can repeal? And it's not a repeal. I mean, this is -- this legislation, whatever else you might want to say about it, it does not repeal ObamaCare and it doesn't replace it. It keeps the Medicaid expansion. It keeps all of the regulations that keep premiums high on insurance companies and it even adds an entitlement.
So, it is true that Republicans are not going to be happy if Republicans were elected to Congress, don't repeal and replace ObamaCare. And that's why this bill needs major change before it goes forward.
MACCALLUM: Anthony, some say the president doesn't want to get, you know, mired in the details of this whole thing. And that he just wanted to pass because he wants to win.
SCARAMUCCI: It's two on one, Martha. But I'm ready for the fight.
(CROSSTALK)
TARLOV: Welcome to my life, Anthony.
SCARAMUCCI: Here's what I would say. OK. And I get the fact that it's not perfect. And I think what we're struggling with right now as a society is that we are all entrenched. And I do love Jessica, as well, but here's the one problem. You have to represent your constituency, but we have a huge problem in the United States right now. We have a slowdown in growth, we have health care uncertainty, we have tax reform uncertainty. The corporate tax rate is the highest in the industrial world.
The president is trying to comment the house, and eventually the senate, with a comprehensive plan to help economic growth. This is one of the pillars in the stool. I didn't say it was perfect, and I'm not sitting here arguing that it's perfect, but I'm telling you, why. He got elected for a reason, he got elected to restart the economic engine of growth for the United States. And I think these guys are making a terrible mistake by not backing him, and what did you say it was? The 61st day of his presidency? Come on, fellas. Go back to 1981 and look at what they did for Ronald Reagan and back the bill for him.
TARLOV: But isn't that an argument for why he should have done tax reform first? I totally agree with you, he campaigned on being businessman and a CEO, and he said, "I can run the United States of America better than a politician because I understand business and the economy." And the polls have responded that people have actually economic confidence.
(CROSSTALK)
MACCALLUM: And business (INAUDIBLE) get the best bill that you can.
TARLOV: Exactly. So, why shouldn't they have done tax reform first and then waited on (INAUDIBLE)?
(CROSSTALK)
MACCALLUM: Mollie, is it possible that this can be fixed in the senate to your liking?
HEMINGWAY: Well, I mean, there's a -- there's a lot that can be done. But most importantly, it needs to be done because there have been promises made to the American people about taking care of this abomination of health care legislation, and I don't think voters are going to be very happy if it's not taken care of.
MACCALLUM: All right. Great discussion. Thanks, all. Good to have you here tonight.
TARLOV: Thanks, Martha.
MACCALLUM: So, breaking tonight, the other big story from today, is the confirmation hearing of Neil Gorsuch. The judge still facing the music, I mean, this guy has had a long day folks, 10 hours of questioning.
Senator Mike Lee has been in the room all day. He joins us next on how far the Democrats may go to try and stop this confirmation, some new information on that tonight. We'll also going to ask him about his stand that he took today on the health care bill, making its way through the house.
Plus, a shocking story out of Maryland. Reignite the debate over sanctuary cities, after an 18-year-old illegal immigrant is one of the alleged suspects in a horrific rape of a14-year-old girl at her Maryland High School. You're going to hear from one of the parents at that high school in an interview that you cannot miss. That is straight ahead. Stay with us, folks. We'll be right back.
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UNIDENTIFIED MALE: This was a terrible act done by somebody that is going to be terribly punished, as he should be, as they should be. But this is not on us.
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MACCALLUM: Breaking tonight, day two of the Supreme Court confirmation that could reshape the bench for decades to come. It's been a marathon today for Judge Neil Gorsuch and it is still underway. Approaching the 10- hour mark for him, here's a look at a couple of the more contentious moments from earlier in the session. Watch.
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DICK DURBIN, UNITED STATES SENATOR FROM ILLINOIS: Do you believe that there are ever situations where the cost to an employer of maternity leave can justify an employer asking only female applicants and not male applicants about family plans?
NEIL GORSUCH, UNITED STATES SUPREME COURT NOMINEE: Senator, those are not my words and I would never have said them.
DURBIN: I didn't say that. I asked you if you agreed with the statement.
GORSUCH: I'm telling you, I don't.
SEN. AL FRANKEN, D-MINNESOTA: We've been talking about this case. Don't you - you know, you haven't decided what you would have done, Senator?
GORSUCH: I don't know, I wasn't in the man's shoes. I understand -
FRANKEN: I think everybody here would have done exactly what he did. And I think that's an easy answer. Frankly, I don't know why you had difficulty answering that. It is absurd to say this company is in its rights to fire him because he made the choice of possibly dying from freezing to death or causing other people to die possibly by driving an unsafe vehicle. That's absurd.
(END VIDEO CLIP)
MACCALLUM: So, that was a bit of the partisan politics that were in play. Could we be headed towards a so-called "nuclear option" on this to get him confirmed? That is looking like a pretty real possibility as the leadership from both parties are dug in. Watch this.
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SEN. CHUCK SCHUMER, D-NEW YORK: If Judge Gorsuch can't achieve 60 votes in the senate, could any judge appointed by a Republican president?
UNIDENTIFIED MALE: Judge Gorsuch looks like he's playing dodgeball with the Senate Judiciary Committee. I don't think a single one of our senators has endorsed Judge Gorsuch. Everyone is being careful.
(END VIDEO CLIP)
MACCALLUM: So joining us now, Senator Mike Lee, a member of the Senate Judiciary Committee who questioned Judge Gorsuch earlier today. Senator, welcome. Good to have you here today.
MIKE LEE, UNITED STATES SENATOR FROM UTAH: Thank you. Thank you.
MACCALLUM: I'm curious what you think about Senator Schumer's characterization that not one of his Democrats on the senate side appeared to be onboard here. What does that mean? What kind - what happens next?
LEE: I think his characterization is accurate in the sense that not one Democratic senator has announced a decision to support Judge Gorsuch yet. But that doesn't mean that's not going to change. In fact, I think that will change. This is an extraordinary judge. And his performance today has been exceptional. I think Democrats are going to find it very difficult to oppose his confirmation.
MACCALLUM: So, do you think that Mitch McConnell will have to trigger the nuclear option here? Because that - I mean, that basically moves us to a place where you might as well stop having hearings, right? Because it's going to be a party line vote and whatever party - whichever party in power is going to get their person through.
LEE: Yes. But again, I'm not at all convinced that we're not going to end up with 60 votes to confirm Judge Gorsuch. I think it's entirely possible, not likely, that we end up getting enough Democrats on board then we can get him confirmed. But know this, Martha, we are going to get him confirmed. One way or another, he will be confirmed, and I look forward to that day. It'll be a good day for America.
MACCALLUM: All right. I do want to ask you some questions about health care because obviously, the ball is not in the senate's court right now, but you're watching along with everybody else what's happening on the other side of the aisle. Basically, you know, the argument is that this is too much like ObamaCare and the argument on the other side is, that, you know, you now have the House, the Senate, the White House, and there is momentum behind this. And there's a lot to be done. So, do you think people should get in line on this bill or not?
LEE: No, absolutely not. I don't think this bill was what we promised. What we promised - what we've been promising for seven years is that if Republicans were given the chance to govern, we would repeal ObamaCare, root and branch. That's not what this bill does. And that's what we need to do and that's why I'm holding out for a vote that actually fulfills that promise. This bill doesn't do it.
MACCALLUM: So why do you - let me ask you this. Why do you think Paul Ryan has come up with a bill that you believe doesn't do what has to be done? Why would he do that? What's his motivation?
LEE: I don't know, and I'm never the best person to ask what someone else's motivation might be. What I do know here is that President Trump's message has been hijacked. His agenda of repealing ObamaCare has been hijacked by people who don't share his values, by people who don't share his desire to repeal ObamaCare. We do need to repeal it, and this bill, unfortunately, doesn't repeal as much of ObamaCare as we need. And there is nothing to control -
(CROSSTALK)
MACCALLUM: So, Senator, you're saying that Paul Ryan has hijacked the president's message and that he basically - you know, you're almost suggesting that the president is sort of -- the pull - the wool has been pulled over his eyes on this. Is that what you're saying?
LEE: No, I'm not accusing any one person of hijacking it. But I'm saying that this bill does do that. That this bill contains a false promise of providing Americans with meaningful health care cost relief. The bill doesn't provide that. And it doesn't repeal all of ObamaCare. We need something that will do that.
MACCALLUM: So, is it going to - is it going to pass in its current version on Thursday? What's your sense on the Hill?
LEE: No. No. I am strongly, strongly persuaded that it's not going to pass. I think they should cancel the vote because they don't have the votes. I've been trying to tell them that for many days. And so far, that hasn't been on - that hasn't been heated. But look, the fact remains, they don't have the votes to pass this. So, they need to bring people in who have concerns, bring in conservatives, let them express what their concerns are with the bill. We can still fix this. And make it something that can pass and that can help the American people.
MACCALLUM: All right. Senator, thank you for being here tonight. Good to see you, as always.
LEE: Good to see you.
MACCALLUM: So, still ahead, one day after the FBI director confirms a probe into the ties between Russia and President Trump's presidential campaign, his former campaign chairman faces new allegations inside Ukraine. Marc Thiessen and Julie Roginsky weigh in on that.
Plus, we take you live to Rockville, Maryland, where a high school and a community are reeling tonight after a 14-year-old girl was allegedly raped by two men, one of whom is an illegal immigrant. We will speak exclusively to the parents of a sophomore at that school straight ahead. Stay with us.
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JAMES COMEY, FBI DIRECTOR: The FBI, as part of our counterintelligence mission, is investigating the Russian government's efforts to interfere in the 2016 Presidential Election. And that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government.
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MACCALLUM: So, one day after those remarks from Director Comey confirming a federal investigation into possible ties between Donald Trump's campaign and the Russian government, new allegations surfaced about the president's former campaign chairman, Paul Manafort, involving the alleged cover-up of payment from a pro-Russia source in Ukraine. Now, some Democrats are levelling some serious claims of their own here, including California Congresswoman Maxine Waters who tweeted, "Get ready for impeachment." High drama in that. Trace Gallagher joins us now from our west coast newsroom with the background here. Hi, Trace.
TRACE GALLAGHER, FOX NEWS CHANNEL ANCHOR: Hi, Martha. Paul Manafort was pushed out of the Trump campaign back in August for allegedly accepting nearly $13 million in payments from Ukraine's party of the regions, that's the former party of Ukrainian President, Viktor Yanukovych. It's also the party accused of having ties to Russian President Vladimir Putin. The 22 payments allegedly made to Manafort were documented in something called the black ledger. Manafort says the ledger is fraudulent and that he never got the money.
But now, a Ukrainian lawmaker who was also a journalist says that someone renting Paul Manafort's old office in Ukraine found an invoice inside a safe that not only corroborates one of the payments, but shows Manafort was trying to cover it up. The Ukrainian lawmaker says the invoice with Manafort's signature, appears to show $750,000 funneled through an offshore account disguised as a payment for computers. Manafort says the document is a forgery and the Ukrainian lawmaker who obtained it was involved in a scheme to blackmail him. And a Manafort spokesman says the National Anticorruption Bureau of Ukraine or NABU dismissed the documents, but NABU said they haven't dismissed anything. They're just not interested in prosecuting. Listen.
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UNIDENTIFIED FEMALE: As for the -- Mr. Manafort, our position is still constant. He is not the subject of NABU's jurisdiction. First of all, he's not a citizen of Ukraine, he's not Ukrainian citizen.
GALLAGHER: Manafort is under scrutiny from the FBI, though Director James Comey made it clear to Congress yesterday that he won't comment about it. And while the FBI continues looking for any possible connection between Russian officials and the Trump campaign, the Trump administration isn't shying away from the subject. Secretary of State Rex Tillerson will now go to Moscow next month, the purpose of the visit is unclear. Secretary Tillerson will also skip next month's NATO summit in Brussels, apparently because he'll be meeting with those very same foreign ministers tomorrow in D.C. Though, the State Department said today they have proposed new dates for the meeting so that Tillerson could attend. Martha?
MACCALLUM: Trace, thank you. So, joining me now with more, American Enterprise Institute fellow Marc Thiessen and Democratic analyst Julie Roginsky, both Fox News contributors. Welcome to both of you. Good to have you here tonight.
MARC THIESSEN, FOX NEWS CONTRIBUTOR: Good to be with you, Martha.
JULIE ROGINSKY, FOX NEWS CONTRIBUTOR AND DEMOCRATIC ANALYST: Great to see.
MACCALLUM: There's a lot there. So, let's start with the Paul Manafort issue. Marc, you know, it's like a spy novel, you know, but it could be serious if there are connections here. What's your take on it?
THIESSEN: Well, first of all, this is why you don't hire somebody who would be running the campaign of the pro-Russian Prime Minister of Ukraine to run your presidential campaign if you're a Republican. But, the reality is, Paul Manafort was on my job for five months, and he was fired because - specifically because of the revelations about some of the stuff about Ukraine. So, this is a guy who was hired to run the campaign, this stuff came out, some of it -- there's more coming up now that you just reported, but a lot bad information came out during the campaign, and he was fired. So, I don't see how this is necessarily a stain on the Trump administration. He's not part of the Trump administration. He didn't play a limited role, he was the campaign chairman. So, what Sean Spicer said before was wrong, but he was there for a limited amount of time.
MACCULLUM: Julie, what do you say?
ROGINSKY: Well, I would say there's a lot of smoke there, not just related to Paul Manafort. The only part of the Republican platform, as you recall last summer, that the Trump campaign, people leave Carter Page -- Donald Trump himself, where people leave Carter Page when he reversed himself. Carter Page perhaps to Paul Manafort's request, perhaps on his own initiative, decided to change. The only part that he decided to change was to change a pro-Russian plan to make it much more difficult for us to fund Ukrainian - as they would rebels, as I would call freedom fighters, who were fighting Russian aggressions. So, constantly, there is all the smoke around Russia. The president continues to get hysterical anytime there's any implication about the fact that anybody on his team coordinated with Russia, something the FBI have said has happened. And they've been investigating since this summer.
MACCALLUM: Well, now Congress wants to talk to Paul Manafort. Everybody wants to, you know, keep digging into this. The problem, as I see it, Marc, is that it's difficult to separate. You know, the president perhaps to the administration of the White House, hasn't done a great job of clearly articulating how they see Vladimir Putin and where they see an opening for potentially working together on things and clearly delineating the areas where they find the behavior to be extremely egregious. So because they haven't done that, it allows these connections to kind of fester and people to say, "Well, you know, maybe there is a something there, maybe there is something nefarious, maybe they do want to help, you know, Russian expansionism by aiding Vladimir Putin."
THIESSEN: Yes, I agree with you 100 percent, Martha. I mean, that's probably one of the reasons why it's good to send Tillerson to Moscow to meet with Putin and to - and to come to some kind of Russia policy. But, the truth is, that means Donald Trump during the campaign, he embraced Vladimir Putin. He said he was a strong leader. He was dismissive when people said on this network, being interviewed by Bill O'Reilly, he said, he is a killer, he said, we kill a lot of people too, I mean this has been a big problem for Donald Trump, this embrace of Vladimir Putin. Therefore, things that might otherwise be seen as innocent or just coincidental are seen as being part of a big conspiracy. Feeding the conspiracy theory is who are eluding collusion. It is entirely possible that Donald Trump decision t embrace Vladimir Putin was simply bad policy judgment and had nothing to do with any kind of collaboration.
MARTHA MACCALLUM, THE FIRST 100 DAYS HOST: It needs a lot of clearing up. Quickly, Tillerson, the NATO meeting, not going to that, he will be to the Chinese leader at Mar-a-Lago, he wasn't included last time there was a head of state there. What do you make of his next move?
JULIE ROGINSKY, DEMOCRATIC STRATEGIST AND FOX NEWS CONTRIBUTOR: First of all, he needs to go and reassure NATO that we still stand by NATO and we stand by our alliance. It has been enforced since the 1940s. He needs to make it very clear to Vladimir Putin that he is not there on behalf of ExxonMobil or an ally. They are to negotiate very difficult things on behalf of the United States. Furthermore, I just want to say, this is not a conspiracy theory about Russia. The FBI has said there is coordination.
That is not a conspiracy theory.
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MACCALLUM: Tying those two things together is what has not has been established. We need to be clear on that. That is exactly what they said they are in the middle of, but did not confirm in any way.
(CROSSTALK)
Julie and Marc, thank you, good to see you as always. Still ahead tonight, U.S. officials taking the drastic step tonight of borrowing personal electronic devices from being carried on flights from eight Muslim majority nations. Sound familiar? We'll tell you the chilling reason behind this decision. And shocking new details emerge on the rape of a 14-year-old girl at her high school in Rockville, Maryland. Fox News Doug McKelway monitoring a PTA meeting that is going on tonight. The parents are now having their say and being heard. One of them will join us and to speak out, exclusively here on the "The First 100 Days."
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UNIDENTIFIED MALE: How could this happen? I mean you would think from a national state level, they would know who they are admitting to the school. They would know if there were police records.
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MACCALLUM: Tonight, an awful new crime is feeding the battle over a Sanctuary City laws. And this time, the story comes from Maryland, where a 14-year-old girl went to school at her Rockville high school and was allegedly raped during school hours by two other older students. At least one of whom, we know, is an illegal immigrant. The other status is not sure yet. Tonight, parents are at the high school. You can imagine they are in rage. One of them will join us in just a few moments. First, Doug McKelway, who is live on the scene in Rockville tonight, outside the site of the ongoing PTA meeting there, Doug, good evening to you.
DOUG MCKELWAY, FOX NEWS CORRESPONDENT: Good evening Martha, let me bring you up-to-date on some the details, as unpleasant as they are in this case. It was last Thursday morning about 9:00 in the morning when a 14-year-old freshman girl here at Rockville high school alleges that she was shoved into a boys restroom in a little used part of the school and despite her best efforts to resist by holding onto a sink, she was thrust into one of the stalls where two other students proceeded to rape her, to sodomize her and force her to perform oral sex. That same day, police arrested two freshmen high school students, 18 year old Henry Sanchez Milian, an illegal from Guatemala, and 17 year old Jose Montano of El Salvador. The arrest as you can well imagine have sparked an outcry and progress of Montgomery County, Maryland, where angry parents are attending a PTSA meeting that just got underway a little while ago.
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UNIDENTIFIED FEMALE: I know that if this country enforced the laws that are already in the books, those two young men would not have been here and this horrendous rape would not have occurred.
UNIDENTIFIED FEMALE: I am really outraged by the situation a Montgomery County, I am a lifelong resident.
UNIDENTIFIED MALE: They just all come in, if you are 20 years old, come in. Go to high school with a 14-year-old.
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MCKELWAY: And his first press conference since this thing happen five days ago, the superintendent said that the school district has absolutely no choice, but to accept all comers to his schools.
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JACK SMITH, MONTGOMERY COUNTY SUPERINTENDENT: We are a public school system. We serve all of our students when they come to us. When we look at that, it is not always the right thing to do and the good thing to do and it benefits the students and our community and our states. It is also the law of the land.
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MCKELWAY: Local County and city officials denied that they are an informal sanctuary city, saying that whenever an illegal alien is arrested in Montgomery County, and in prison, after the imprisoned time, ICE is notified or they are handed over. They know that that occurs only after a crime occurs. If they say it was federal immigration officials under the Obama administration who dropped the ball here.
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UNIDENTIFIED MALE: One of the two individuals that were apprehended was actually stopped by ICE in Texas and released. How is this on us?
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MCKELWAY: Others say this is a community that is absolutely straining under the pressure of unchecked immigration. This morning I spoke to part- time elementary school teacher here who told me that 1 out of every three students in her elementary school cannot speak a word of English. She maintains that is slows the learning process down, it costs the school system tremendous amounts of money to hire teachers who know how to speak as many as 19 different languages. As she said, it slows the learning process down. The old adage, convoy moves only as quickly as the slowest ship. This convoy is slowing down, Martha.
MACCALLUM: Yes. Well thank you very much. Doug, thank you. This is a horrific case, obviously, it happened in Rockville, Maryland, and is not going national. It was a question today in the briefing at the White House. Here is Press Secretary Sean Spicer and his reaction to this earlier today, watch.
(BEGIN VIDEO CLIP)
SEAN SPICER, WHITE HOUSE PRESS SECRETARY: This young woman in particular fought to come to this country legally, because of the freedom and the treasures of this nation. To think of this tragedy would occur to someone who has personally endured to that kind of struggle to come to this nation and then face this, it is reprehensible. It is not who we are as a country. There are so many facets to this case that deserve questions. I think he was 17 or 18-year-olds old -- 18, thank you. How does that person get put into the ninth grade? There are so many issues that come up in this case. I will leave it to authorities. I think we are in the early stages and there's a lot that needs to get addressed with respect to this case in particular.
(END VIDEO CLIP)
MACCALLUM: Here with me now is Kimberly Allman, she is the mother of a student at Rockville high school, Kimberly, welcome, thank you very much for talking with us. It is a tough time for all of you.
KIMBERLY ALLMAN, MOTHER OF ROCKVILLE HS STUDENT: It truly is. Thank you very much, Martha, for helping to shine a light on what is going on here in our community. My son happens to be a student here at Rockville and I have had two other children go through here. I am happy to be here tonight. You are shining a light on what is going on and how it affects everyone. What is it that you want to know?
MACCALLUM: Let me start with a question, in terms of the reaction of the parents in that meeting tonight, what were some of the things that they were asking? What did they want to know about how a 17 and 18-year-old end up and in ninth grade, a situation where they can perpetrate this kind of crime, alleged crime against a 14-year-old girl?
ALLMAN: Well it is amazing. Over the last couple of days, as all of us parents have found out more details about of what happened, we all have been just absolutely shocked, because we need to know how this happened but not to place blame on the school system or anyone else, we can do that later. We want to make sure that we know how to prevent these situations in the future. Our governor came out today and he used very strong words. He used the words that I need to hear and so many other parents need -- if you look behind me and you see these parents, Governor Hogan used the words that I want to hear. Not the wash down language that we heard from the last administration and placing the blame --
MACCALLUM: What did he say?
ALLMAN: He used at the word illegal immigrant. He wanted to know why these men were here with our children. That is the problem. If we free up our resources for so many different things by moving these people -- you see people are very excited about what is going on -- we use our resources to move these children out, the illegal immigrants out of our school system at our community is we'll have that cover those resources to use in so many ways. It is so important.
MACCALLUM: I understand. There is no reason why an 18-year-old who has been detained by ICE, why the school doesn't know that and they can't make sure that that student does not pose a threat to other students. You talk about safe spaces in education, it seems the most basic element of a safe space would be for a 14-year-old to be able to go to school and not get raped in the bathroom by an illegal immigrant. Thank you very much, Kimberly. We thank you for being here tonight.
Also, after uncovering a fresh terror threat, the United States is moving to ban electronics that are bigger than a cell phone on board aircraft's when it comes from eight Muslim majority countries. How is this different from the president's travel ban? Law professor John Banzhaf is here with answers. The first daughter Ivanka's Trumps influence seems to be expanding at the White House, as she gets a new west wing office, the former chief of staff to the first lady Laura Bush with her thoughts on that. Plus, you are looking live as President Trump delivers a keynote address this evening to the national Republican congressional committee March dinner. We will monitor this president's speech, if there is news made, we will bring it to you. We will be back in a moment.
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MACCALLUM: Breaking tonight, of the United Kingdom is now joining the United States in banning nearly all types of electronics in the cabin of commuter planes from some Muslim majority countries in the Middle East and Africa. U.S. officials say the decision is not based on an immediate threat, but that terror groups continue to focus on targeting airplanes. So, how does this restriction targeting Muslim majority countries differ from Mr. Trump's travel ban that has been struck down by the courts twice now? George Washington university law professor John Banzhaf joins us now with his thoughts on this. Professor, welcome. Good to have you here tonight.
JOHN BANZHAF, GEORGE WASHINGTON UNIVERSITY LAW PROFESSOR: Thank you. A very important difference, right off the bat, the travel ban only applied to people who were foreigners outside of this country. The constitution doesn't protect foreigners and foreign countries. This laptop ban does apply to American citizens, Muslims as well as non-Muslims. They are entitled protection, equal protection, due process, establishment clause, so, in some ways, the argument is stronger. The bottom line really is, the logic is faulty, neither one is unconstitutional.
MACCALLUM: That is very interesting. You also talk about the fact that banning your computer at this point is my comparison, almost like banning a part of your body. Everybody travels with their computer, their livelihood, their ability to do their work. To ask them to put it in the cabin and not have it with them presents a bit of a problem. Is this in a way the administration's way of trying to implement the ban in part since they don't have it in hole?
BANZHAF: Some people are making that argument. In fact, the argument you make is even stronger, because it applies to people like journalists and government officials and their laptops contain a lot of information they don't want to be flowing into other hands. But I think the bottom line here has to be, I can't make a determination as to what is the motivation behind it. I think some judge in Hawaii or some judge in Maryland who has no scientific background isn't privy to any kind of security briefing, doesn't understand security procedures, and can't make that decision. The only person who can make it and the one of our constitution who was supposed to make it, is the president, the executive branch, he has made the decision. It is not up to some judge in Hawaii, to say, Mr. Trump, I think you did it for bad reasons or I am not sure that there is enough of a security problem.
MACCALLUM: How was it different than saying, you can't bring liquids over a certain ounces level? There are a lot of things you can't bring on planes. Why is this different, legally?
BANZHAF: The differences that the other restrictions apply across the board. There is no religious discrimination or national origin discrimination or racial discrimination. Everybody has to bring the same 3 ounces, but arguably, when you single out only Muslim majority countries, particularly in view of Trumps statements disparaging to Muslims, the courts say, that violates the freedom of religion. They ignore the fact that the constitutional protection, freedom of religion doesn't apply to some guy sitting in his hot and Yemen who has a hankering to come to the United States. It does apply to the United States citizens who may be a Muslim who wants to travel from those countries.
MACCALLUM: We got to go. Professor, thanks for your time. Good to see you tonight.
BANZHAF: Thank you.
MACCALLUM: New reaction tonight about first daughter Ivanka Trumps new real estate and also, her high level security clearance, prime office space in the west wing. The move has raised a lot of questions about just what her role in the White House is. Anita McBride, first lady Laura Bush is chief of staff, takes us behind the scenes next.
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MACCALLUM: Finally tonight, a big move for first daughter Ivanka Trump, a new west wing office and high level security clearance as she appears to take on a larger, but still unofficial role in the Trump White House. How will that work out? Joining me now, Anita McBride, she is the former Chief of Staff to first lady Laura Bush, an executive in residence at American university school of public affairs. Anita, welcome, good to have you here.
ANITA MCBRIDE, FORMER CHIEF OF STAFF TO FIRST LADY: Thank you Martha.
MACCALLUM: This is somewhat unprecedented, no?
MCBRIDE: Yes, it is, definitely unprecedented. I spent a lot of years working as White House personnel director for Presidents Reagan and Bush and so I am pretty familiar with White House personnel policy and I know that it is very flexible, hiring authority, unlike any other agency and the government. Still, this is pretty unprecedented move.
MACCALLUM: There were such a big hubbub would Hillary Clinton moved into the west wing, because first ladies are usually in the east wing or working in the private quarters. This says a lot about her role. How do you see her role in this administration?
MCBRIDE: I think I see this as formalizing something that we already know was happening. She is a close confidant of her father. She trusts her judgment. They have spent years working alongside each other. I think that this just shows that there is a -- there are issues that she is concerned about, she would like to see front and center. Frankly, if he didn't care about them, too, this would not be a position that is approved.
MACCALLUM: We have a tweet that the president said early in the game when he denied, there was a story that came out a while ago, this is November 16th 2016, and I am not trying to get a security clearance for my children. That was typically false news story. Since then, Jared Kushner and Ivanka Trump are in the process of getting it. I wonder if there is sexism attached to this. The people be freaking out as they are in some corners about her power if it were Donald, Jr., or Eric?
MCBRIDE: I think it would be for any of the children. I don't think that gender matters here. I think that Americans need to be comfortable that there is not a blurring of the lines between a private life and now, this official authority. I was glad to see that there is recognition that they are subject to the records act. I mean she will have government issued items. All of that is part of presidential record. There are ethical concerns that they will be following. That is a good thing.
MACCALLUM: Her office will be right next to Dena Powell, who has gotten -- obtained a higher profile. Tell me about that.
MCBRIDE: She is extremely talented. She knows a lot about how government operates. She worked at the state department and a high-level position, cultural affairs. She is building upon strengths that she has an understanding how government works. And having a sense of the national security apparatus, she will be able to build bridges between all of those departments as part of being the national security team.
MACCALLUM: I wish we had more time, Anita.
MCAFEE: Good to see you, thanks.
MACCALLUM: Thank you so much. We end tonight with a quote of the night, a hat tip to our friend, Chris Stirewalt with this one from Alexander Hamilton about the greatest power that congress has. "This power, over the purse, may in fact be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people. Carrying into effect every just and a salutary measure." Think about that tonight, folks. Thanks for being here. O'Reilly is up next.
We will see you tomorrow night.
END
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