'Special Report' All-Star Panel on Biden mask mandate 'silliness'

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Ari Fleischer: Mask mandate 'silliness' should've ended months ago

'Special Report' All-Star Panel discusses the issues behind the president's sinking approval rating.

This is a rush transcript from "Special Report," April 19, 2022. This copy may not be in its final form and may be updated.

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JOE BIDEN, (D) PRESIDENT OF THE UNITED STATES: My Republican friends start talking about big spenders, and the reason why there is inflation. Take a look. Take a look. We have cut the deficit drastically. I'm more optimistic about America today than I've ever been in my whole career.

REP. KEVIN MCCARTHY, (R-CA), HOUSE MINORITY LEADER: Why is the president's approval numbers are so low? It's the wasteful, irresponsible spending that has led to higher prices and inflation. It's the irresponsible actions of this president along the border that has led to immigration and a fentanyl crisis. There are numerous places to hold this administration accountable.

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BAIER: The presidential numbers. Well, you look at the president's approval rating right now on a host of different issues, and it's under water. We have been talking about that for days. But historically, as we stand here at the Richard Nixon Presidential Library, if you look at poll numbers of presidents inviting primary challengers, President Johnson, 42 percent, 41 for President Ford, 32 percent for President Carter, 35 percent approval for President Biden. That's where it stands right now.

And now you have the additional added situation with this mask mandate and what's really happening.

Let's bring in our panel, former White House press secretary Ari Fleischer, Leslie Marshall, Democratic strategist, and Byron York, chief political correspondent of "The Washington Examiner."

So we get word tonight that the DOJ, Ari, says that they are going to appeal if the CDC says the mask mandate is necessary. Some circles say the CDC is going to say that it's necessary. But the bottom line is that the Biden administration didn't take the victory lap when this judge, a federal judge who clerked for Clarence Thomas, gave them the federal ruling.

ARI FLEISCHER, FORMER WHITE HOUSE PRESS SECRETARY: Yes. And the president said it's up to individuals, as opposed to saying it's a bad ruling and we'll appeal it. I think it's fair to say that the Department of Justice is masking what it's doing. They are in a very uncomfortable position. Nobody wants to take this political hot potato. And you know why? Because everybody in America is sick and tired of wearing masks, because everybody knows it. This should have ended on airplanes, trains, train stations, airports, months ago. There is no good health reason. And the statistics, Bret, the states that did not have mask mandates, their incidences getting COVID are identical, almost identical to the states that did have mask mandates. Same for death rates. Masks make no difference. This is silliness. It should end. It should have ended months ago.

BAIER: All right, here is some more on the travel mask ruling. Take a listen.

(BEGIN VIDEO CLIP)

JIM TRUSTY, FORMER FEDERAL PROSECUTOR: State and local officials are the ones that can control individual conduct, not federal agencies like CDC. There's an opportunity here for the administration to send the right sign, which is this is over, by not challenging the findings of this judge.

ANDY SLAVITT, FORMER WHITE HOUSE COVID-19 ADVISER: It's a pretty shaky legal ruling from a young and I think, I would say probably idealistic judge, a former Clarence Thomas clerk. We have to remember there are cancer patients and four-year-olds that are not vaccinated or are vulnerable.

(END VIDEO CLIP)

BAIER: Jan Crawford, the legal correspondent for CBS, "What's crazy is Biden got bailed out by a Trump judge who clerked for Thomas. He can now end an unpopular mask mandate without taking responsibility or alienating allies. If the White House was so irate about the ruling, it could have immediately said it's asking California 11 for a stay. It didn't." Leslie, we're kind of in this no man's land here.

LESLIE MARSHALL, DEMOCRATIC STRATEGIST: Yes, and we're weeks away from this possibly happening from the White House. We're almost in the month of May. And that's originally what the deadline was.

My concern is what we just heard are the vulnerable, whether it's a four- year-old cancer patient or an 85-year-old who may not even know they have underlying condition simply because they are 85. Yes, it's wonderful to have the choice. I'm going to be starting to get on planes again, and I'm certainly going to mask up. I think somebody said earlier on Twitter today, they could say seat belts are voluntary, but I'm still going to wear one. And if we don't think masks help at all, then we should tell our surgeons in the O.R. to rip them off before they cut us open.

BAIER: Yes, and it's going to be your choice as opposed to a government agency telling them that you have to do it, to the president's point today. The president today, Byron, this is how the "Boston Globe" writes this, "There is only one reason why Biden is visiting New Hampshire today. Bear in mind that a primary challenger need not win the nomination to have a major impact. Every time an incumbent president has faced a significant primary challenge going back to 1968, they have not been reelected. While he may be there to talk about infrastructure, not campaign politics, it will serve as a planting of the flag and warning to any potential challengers the president is at least looking at reelection." And word that he told Barack Obama that he is running for reelection even among these tough poll numbers, Byron.

BYRON YORK, CHIEF POLITICAL CORRESPONDENT, "THE WASHINGTON EXAMINER": And there is word that Democrats, some Democrats are getting the idea that he is just too old to be president. And this is not going to get better going up to the midterms. Political scientists have looked at presidents going back 60 years, and their job approval ratings never ever went up appreciably between now and the midterm year and the elections in a midterm year. And we haven't talked about it yet, but there is an explosion of illegal immigration about to happen on the U.S.-Mexico border. These things are going to get worse for Biden at a time when potential challengers are thinking about what to do.

BAIER: Last thing, quickly, Ari, this conversation we had with Sean Penn and Robert O'Brien, two sides of the political spectrum, but united on Ukraine.

FLEISCHER: Yes, isn't it wonderful? Isn't it fascinating to see people take a risk, an actor, actually no issues, and take a risk with his life to go learn these issues and stand for Ukraine? And it's inspiring. It's what Zelenskyy has inspired in all people around the world. It's good to see a Hollywood actor stand up and do that.

BAIER: OK, panel, thanks so much.

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