POWER IN JANUARY.
SO THAT’S A BIG STORY WE HAVE
THAT COMING UP.
AS WELL AS RIGHT NOW, THIS NEWS.
FROM PRESIDENT-ELECT TRUMP.
THAT HE INTENDED TO PROCLAIM
ENERGY POWERS WHEN HE DOES ENTER
OFFICE.
THAT HE WOULD DECLARE A QUOTE,
NATIONAL EMERGENCY, IN ORDER TO
DEPLOY THE MILITARY TO CONDUCT
MASS DEPORTATIONS.
THIS NEWS IS NOW SETTING THE
EXPECTATIONS FOR THE WAY THAT
PRESIDENT-ELECT PLANS TO GOVERN.
ON THAT AND POTENTIALLY OTHER
ISSUES.
IT IS A MUCH MORE ASSERTIVE
APPROACH THAN HIS FIRST TERM,
WHICH WAS OFTEN CONTROVERSIAL ON
MANY MATTERS.
I’M SURE YOU REMEMBER, BUT THIS
IS ALSO EXACTLY THE KIND OF PLAN
THAT DONALD TRUMP CAMPAIGNED ON.
SO HE’S DRAWING HEADLINES TODAY
ABOUT BOTH THE METHOD, EMERGENCY
POWERS, MILITARY ACTION, AND THE
POLICY ITSELF.
THESE TYPE OF DEPORTATIONS.
AND IT BUILDS ON HIS OFTEN
STATED VIEW THAT UNDOCUMENTED
IMMIGRANTS MUST BE FORCIBLY
REMOVED, THAT HARSHER POLICIES
WOULD DISSUADE THE FLOW OF
MIGRANTS INTO THE NATION.
SO PART OF THIS STORY TONIGHT,
WHICH MATTERS, AND IF YOU’RE
KEEPING TRACK OF THE NEWS RIGHT
NOW, WHAT YOU’RE LEARNING
TONIGHT IS VERY RELEVANT TO
WHAT’S GOING TO HAPPEN IN THE
MONTHS AHEAD.
BUT PART OF THE STORY IS POLICY.
HOW SHOULD THIS INCOMING
PRESIDENT MAKE POLICY BASED ON
THE VOW HE’S MADE, THE CAMPAIGN
PLEDGE HE’S MADE ON IMMIGRATION.
THE OTHER PART IS ABOUT LAW.
HOW CAN A PRESIDENT, ANY
PRESIDENT, WIELD EMERGENCY
POWERS?
AND FOR HOW LONG?
AND WHAT ARE THE LIMITS?
AND WHO DECIDES?
AND ALL OF THAT COLLIDES WITH
WHAT MAY BE DONALD TRUMP’S MOST
CONTROVERSIAL PICK THUS FAR.
MATT GAETZ TAPPED FOR ATTORNEY
GENERAL.
HE FACES CRITICISM FROM BOTH
PARTIES.
MANY OF THESE THINGS ARE NOT
BLUE AND RED.
A LOT OF REPUBLICANS ARE AGAINST
GAETZ AND HAVE BEEN VOCAL IN
THEORY.
WE’LL SEE HOW THEY VOTE.
BUT IT IS TRUMP’S PICK OF GAETZ
PRECISELY BECAUSE MATT GAETZ,
FORMER CONGRESSMAN GAETZ, HAS
VOICED ABSOLUTE LOYALTY TO
DONALD TRUMP’S PERSONAL AND
POLITICAL GOALS AND RIGHT THERE,
THAT’S THE DIFFERENCE AS YOU
LOOK AT MASS DEPORTATION AND
THESE CLAIMS OF MILITARY
EMERGENCY POWERS.
THE COMPLETE FEALTY TO ANYTHING
DONALD TRUMP WANTS IS A CONTRAST
TO DONALD TRUMP’S FIRST TERM
PICKS ON MANY KEY POSTS.
THAT INCLUDES HIS FIRST ATTORNEY
GENERAL WHO FOLLOWED DOJ POLICY
EVEN WHEN IT RAN PUBLICLY
AGAINST PERSONAL WISHES OR JOHN
KELLY WHO WAS BACK IN THE NEWS
DURING THE CAMPAIGN.
HE WAS A MAJOR IDEOLOGICAL
CONSERVATIVE AND HE WAS VERY
QUOTE TOUGH OR HARSH ON
IMMIGRATION, BUT REPORTEDLY
REPEATEDLY STOOD UP TO PRESIDENT
TRUMP’S DEMANDS WHEN HE THOUGHT
THEY CROSSED LEGAL LINES.
TRUMP’S NEW PROPOSED CABINET
PICKS BREAK WITH ANY SUCH
PRECEDENT SO THESE STORIES ABOUT
TRUMP’S PLANS FROM IMMIGRATION
TO FIGHTING CRIME TO VOWS OF
RETRIBUTION AGAINST INNOCENT
AMERICANS BEST WE CAN TELL, THEY
COLLIDE WITH THE CLASH OVER THIS
AG, MATT GAETZ, AS A NOMINEE.
AND IT SHOWS WHY EVEN
REPUBLICANS ARE SAYING TONIGHT
THEY NEED A LOT MORE INFORMATION
ABOUT GAETZ’S ETHICS RECORD
BEFORE THEY CONSIDER CONFIRMING
HIM TO THE POWERFUL POST THAT
WOULD DEAL WITH EVERYTHING I
MENTIONED AND A HECK OF A LOT
MORE.
SO THIS IS A POSITION WHERE SOME
OF THESE REPUBLICAN SENATORS WHO
SAY THEY’RE REALLY DOWN WITH
EVERYTHING TRUMP WANTS EXCEPT
MAYBE CONFIRMING GAETZ, AND
THEY’RE AT ODDS WITH THE
REPUBLICAN SPEAKER.
>> SHOULD THE HOW’S ETHICS
COMMITTEE RELEASE THAT REPORT,
SENATOR?
>> ABSOLUTELY.
AND I BELIEVE THE SENATE SHOULD
HAVE ACCESS TO THAT.
NOW SHOULD IT BE RELEASED TO THE
PUBLIC OR NOT?
I GUESS THAT WILL PART OF THE
NEGOTIATIONS.
>> MY UNDERSTANDING IS THAT THE
REPORT IS NOT FINISHED.
IT’S IN A ROUGH DRAFT FORM.
WAS NOT YET READY TO BE
RELEASED.
AND SINCE MATT GAETZ LEFT THE
CONGRESS, I DON’T THINK IT’S
APPROPRIATE TO DO SO.
>> IT IS REMARKABLE WHEN YOU
THINK THIS WAS AN ETHICS REPORT
PREPARED BY THE HOUSE UNDER
REPUBLICAN CONTROL.
IT IS THEIR WORK.
AND YET NOW BECAUSE TRUMP HAS
DECIDED TO ELEVATE THIS PERSON,
THEY’RE SAYING THEY DON’T WANT
THEIR WORK EVEN USED IN A
CONFIDENTIAL MANNER BY THEIR
REPUBLICAN COLLEAGUES IN THE
SENATE.
AND AGAIN, I WILL AT THE RISK OF
REPEATING MYSELF TELL YOU, IF
YOU WANT AN EFFECTIVE ATTORNEY
GENERAL, YOU WANT TO DO THIS
VETTING UP FRONT SO THEY CAN BE
EFFECTIVE AND COMPETENT IN THAT
JOB COMPLETELY SEPARATE TO OTHER
CONSIDERATIONS.
FORMER CONGRESSMAN GAETZ HAS
DENIED ALL WRONG DOING AND THE
DOJ DID NOT CHARGE HIM AFTER AN
INVESTIGATION INTO AT LEAST SOME
OVERLAPPING OR RELATED CONDUCT.
ETHICS COMMITTEE IS GOING TO
MEET WEDNESDAY ABOUT THIS.
NOW, ANOTHER TRUMP VETERAN FROM
THE FIRST TERM IS WEIGHING IN ON
THIS.
CHIEF OF STAFF FROM FIRST TERM,
REINCE PRIEBUS.
HE IS DISMISSING A THEORY YOU
MIGHT HAVE HEARD ABOUT.
THE RECENT SPECULATION THAT
MAYBE DONALD TRUMP ONLY PICKED
GAETZ AS A KIND OF HEAT SEEKING
DISTRACTION KNOWING HE PROBABLY
WOULDN’T MAKE IT INTO THE DOJ
AND THAT HE WOULD BOTH DISTRACT,
WASTE TIME AND ENERGY, AND MAKE
HIS OTHER NOMINEES LOOK MORE
REASONABLE.
IT’S A KIND OF IMAGINING OF 3D
CHESS.
YOU HAVE THOSE RUSSIAN DOLLS,
THE BIG ONE THE GAETZ THEN RFK
IS INSIDE BUT YOU DON’T GET TO
THAT DOLL BECAUSE YOU’RE SO BUSY
WITH GAETZ.
HERE’S REINCE PRIEBUS SAYING IF
REPUBLICANS ARE SHOCKED, EVEN
SOME OPPOSE MATT GAETZ, DONALD
TRUMP REALLY WANTS HIM IN THE
JOB.
>> HE MADE IT CLEAR TO ME, THE
MATT GAETZ PICK IS NOT THREE
DIMENSIONAL CHESS TO HELP
ANOTHER NOMINEE GET THROUGH.
THAT THIS WAS WHAT HE WANTED TO
HAVE HAPPEN.
HE FEELS LIKE HE’S GOING TO HELL
AND BACK TEN TIMES SO THIS IS
ALSO BIG MIDDLE FINGER TO THE
DOJ AND FBI.
>> OKAY.
THAT’S A TRUMP VET.
WHO HAD THE NUMBER ONE JOB IN
THE WHITE HOUSE AND NOTE THE
EXPLANATION THERE IS COMING FROM
DONALD TRUMP’S CORNER AND IT IS
NOT VERY LEGITIMATE.
DEFENSE IS NOT CLAIMING THIS IS
A GREAT PICK FOR THE NATION OR
CLAIMING THAT GAETZ HAS SOME
OTHER QUALIFICATIONS WHICH ARE
SOMEHOW BEING UNDERCOUNTED BY
THE PROCESS, BUT THOSE
REPUBLICAN SENATORS I MENTIONED.
NO.
THE TRUMP VET IS SAYING,
ADMITTING, TRUMP SEES THIS IN
PERSONAL TERMS.
HE WANT TO SAY, QUOTE, F YOU TO
THE DOJ, END QUOTE.
THAT’S ACCORDING TO TRUMP
VETERAN, PRIEBUS.
THAT IS THE MOTIVATION.
MEANWHILE, DOJ VETS IN BOTH
PARTIES ARE STRENUOUSLY
OBJECTING BECAUSE THEY SAY GAETZ
HAS NO PROSECUTOR EXPERIENCE OR
THE KIND OF MANAGEMENT
EXPERIENCE THAT WOULD BE
NECESSARY TO RUN A LAW
ENFORCEMENT AGENCY THIS LARGE ON
DAY ONE.
MAGA ALLIES HAVE OTHER ARGUMENTS
AND I WANT TO MAKE SURE YOU’RE
FAMILIAR WITH THEM.
IF YOU WATCH THIS SHOW, YOU’LL
KNOW WHEN TIMES ARE INTENSE,
WE’LL TRY TO BRING YOU ALL THE
EVIDENCE.
THEY ARE ARGUING THE DOJ HAS
PREVIOUSLY BEEN RUN BY
CANDIDATES WITH A RANGE OF
BACKGROUNDS AND IF YOU GO BACK
FAR ENOUGH, THEY SAY IT INCLUDES
POLITICAL PEOPLE.
IF YOU GO BACK TO SAY, THE NIXON
ADMINISTRATION, IT IS TRUE THAT
SOME OF NIXON’S POLITICAL AIDES
DID AT ONE POINT SERVE AS
ATTORNEY GENERAL.
THEY ALSO SAY IF YOU LOOK TO
PEOPLE WHO ARE SIMPLY LOYAL TO
THE SITTING PRESIDENT, IF YOU GO
BACK EVEN FARTHER TO ROBERT F.
KENNEDY, WHICH WAS AGAIN BEFORE
LATER REFORMS WERE PUT IN
PRECISELY TO ADD INDEPENDENCE
THEY DIDN’T HAVE IN THE HOOVER
ERA, BUT THEY SAY IF YOU GO BACK
TO RFK SR., YOU DO HAVE THE
EXAMPLE OF SOMEONE RUNNING DOJ
OF SOMEONE QUITE CLOSE TO THE
PRESIDENT.
HIS BROTHER.
SO THAT’S ONE WRINKLE IF YOU GO
BACK FAR ENOUGH.
BUT EVEN THESE DEFENDERS OF
GAETZ HAVE YET TO FIND ANY
PRECEDENT.
ANY PAST ATTORNEY GENERAL IN ANY
ERA WHO ALSO HAD PUBLICLY WAGED
SUCH PARTISAN WARFARE, OPENLY
THREATENING GOVERNMENT
OFFICIALS, PROSECUTORS, JUSTICE
DEPARTMENT VETERANS IN THE
SO-CALLED DEEP STATE.
>> YOU HAVE THE FOLKS LEADING
THE DEEP STATE.
>> THE DEEP STATE IS GUILTY.
>> I MIGHT BE WANTED MAN BY THE
DEEP STATE.
>> AND I WON’T BE EXTORTED.
>> SADLY, JUDGE, I, TOO, HAVE
LOST CONFIDENCE IN CHRISTOPHER
WRAY AS THE FBI DIRECTOR.
>> WE SHOULD HAVE A SECOND
SPECIAL COUNSEL TO EVALUATE THE
MISCONDUCT OF THE FBI AND
DEPARTMENT OF JUSTICE.
>> THE DEEP STATE WON’T KNOW
WHAT HIT THEM!
>> FAIREST WAY WE CAN SAY IT IS
IF YOU ARE A MEMBER OF CONGRESS,
YOU CAN BE AS PARTISAN AS YOU
WANT.
IF YOU’RE A PERSON INSIDE THE
UNITED STATES, YOU HAVE YOUR
FREE SPEECH POWER, YOU CAN RAGE
AGAINST THE DEEP STATE AS MUCH
YOU WANT.
YOU HAVE THAT RIGHT.
BUT THE PEOPLE COMING INTO THESE
POSITIONS, DOJ FIRST AMONG THEM,
THEY SWEAR AN OATH TO A
CONSTITUTION.
NOT TO ANY PERSON.
AND WHILE I GAVE YOU THE BENEFIT
OF THE DOUBT ON SOME OF THE
ARGUMENTS THEY’VE MADE IF YOU GO
BACK FAR ENOUGH TO FIND SOME
LESS EXPERIENCED, PERSONALLY
LOYAL ATTORNEYS GENERAL, YOU
WON’T FIND ONE WHO’S TALKED LIKE
THAT.
THEN THE QUESTION BECOMES DOES
HE MEAN IT.
WE ARE JOINED BY DAVID KELLY.
WAS U.S. ATTORNEY FOR THE
SOUTHERN DISTRICT OF NEW YORK.
HE HAS HANDLED ALL KIND OF
COMPLEX CASES.
HE WAS MY FORMER BOSS WHEN I
USED TO PRACTICE LAW.
WELCOME BACK.
I TRIED TO RUN THROUGH BOTH THE
CONNECTION TO TODAY’S NEWS THAT
AN ATTORNEY GENERAL IS EXACTLY
WHO WOULD DEAL WITH THE
PRESIDENT CLAIMING MILITARY
POWERS.
SO ONE, HOW DOES THAT FIT INTO
THE ROLE YOU WOULD WANT
REGARDLESS OF PARTY AND TWO,
EVEN IF YOU FAIRLY MENTION THE
LONG HISTORY AT THE DOJ, HAVE
YOU SEEN ANYONE WHO COMES INTO
THE JOB LIKE GAETZ?
>> EVEN HISTORICALLY, I THINK
PRESIDENTS EITHER WANT OR SHOULD
HAVE WANTED AND LOOKING IN THE
REAR-VIEW MIRROR, WHICH THEY HAD
AN ATTORNEY GENERAL WHO CAN SAY
NO.
AND I THINK EVEN RFK SERVED THAT
ROLE FOR HIS BROTHER.
IT’S SOMEBODY WHO CAN SAY I HEAR
WHAT YOU WANT TO DO, YOU CAN’T
DO IT THAT WAY.
CAN WE FIND A DIFFERENT WAY TO
GET IT DONE?
I’M NOT TRYING TO DEFEAT YOUR
POLICY.
I’M TRYING TO DO IT IN A WAY
THAT’S NOT GOING TO COME BACK
AND BITE YOU IN THE REAR END.
I THINK THERE’S SO MANY WAYS
THAT CAN HAPPEN HERE THAT IF YOU
HAVE SOMEBODY THAT’S JUST A YES
MAN IS NOT REALLY GOING TO SERVE
THE PRESIDENT IN THE WAY HE
WANTS.
HE THINKS HE WANTS IT.
I DON’T THINK IT WILL SERVE HIM
THE WAY HE WANTS AND IT WON’T
SERVE THE COUNTRY THE WAY IT
SHOULD.
>> WHEN WE WERE REPORTING ON
THIS EFFORTS TO OVERTHROW THE
ELECTION, IT WAS REPORTED THAT
GIULIANI, WHO DID CROSS LINES
ACCORDING TO CIVIL COURT, STILL
TOLD DONALD TRUMP WHEN HE WANTED
THE MILITARY TO SEIZE BALLOTS,
THEY WOULD BOTH END UP IN JAIL,
QUOTE UNQUOTE.
IN THE JANUARY 6 TESTIMONY.
YOU DON’T GET THE FEELING THAT
GAETZ, EVEN TO PROTECT THE
PRESIDENT, WOULD BE ABLE TO HAVE
THAT CONVERSATION.
>> NO.
DOESN’T SOUND THAT WAY.
I GET THE POINT THAT
PRESIDENT-ELECT WANTS TO BE A
DISRUPTER AND HE WANTS TO PUT
PEOPLE WHO CAN DO THE DISRUPTION
AND I THINK THAT IF I WAS TO
ADVISE HIM, I WOULD SAY YOU WANT
SOMEBODY WHO CAN DISRUPT BUT DO
IT IN A WAY THAT’S IN ACCORDANCE
WITH THE CONSTITUTION.
IT MAY BE SOMETHING COMPLETELY
SEPARATE AND APART FROM WHAT HAS
BEEN NORMAL PROTOCOL FOR THE
JUSTICE DEPARTMENT BUT AT THE