tv The Daily Briefing With Dana Perino FOX News July 10, 2018 11:00am-12:00pm PDT
are you in good hands? >> harris: big news week glad you're spending time with me. i'm harris, here's dane. -- dana. >> dana: the battle lines are drawn as the sep at prepares to take up the nomination of judge brett kavanaugh to the supreme court. i'm dane perino, this is "the daily briefing." the president's nominee making the rounds along with vice president mike pence. as senators from broeth parties speak out on the choice of judge kavanaugh. >> a number of our democratic colleague does not wait before launching attacks on his nominee. this was quite literally a fill in the blank opposition. >> those who say that president
trump has made a moderate selection from the judicial mainstream in the form of judge kavanaugh, think again, look at his record. >> dana: i'm joined by the anchor of "special report" bret baer. we're waiting for the republicans and democrats to come out of their policy luncheon, might give a flavor what was discussed. we'll take that when it comes live. but i have you've been through a lot of these supreme court nominations and the confirmation battles. do you see any difference with this one at the start of it? chbltses two things. good afternoon, dana. this is the swing vote to replace answers any kennedy. it takes on a different fevered pitch. can you hear it in the sound bites from democratic senators like the senate minority leader chuck schumer. also, two, this is a nominee with this president, the second, that he has made. and it is really a court
changing potential nominee. greg kavanaugh has a long list of rulings from his time as a d.c. circuit court judge. a long history here. there's one where insiders in the court would tell you it suggests this he could be a very powerful supreme court justice. swaying people in making arguments. a lot of the arguments have been used by supreme court majority rules. >> dana: because this is the second time that this white house has gone through this, early on, in the first year of his first term to be able to put a justice on the bench, takes a lot of coordination. the rollout at this particular nominee, the second one, was even smoother than the first. the first one was pretty good. >> who is it going to be. but what it came down to is the
original list. the president stuck to the 25 names. and he did that through candidate trump and rolled that out. and a lot of people looking at it on both sides of the aisle, think it was ingenious. for people who are skeptical of donald trump the candidate they looked at that list and said, wow, donald trump the appointor of nominees to the supreme court is a pretty good choice. >> dana: in the "new york times" there was an op ed by a liberal who said good appellate judges faithfully follow the supreme court. great ones influence and steer it. many of his opinions have found their way into supreme court opinions. and i want to mention this from susan collins, senator from maine who will be under lot of pressure from both sides to influence her vote. she said, i will conduct a careful, thorough vet having the president's nominee to the supreme court as i have done with the five previous supreme court justices i have considered. i look forward to judge kavanaugh's public hearing
before the committee and questioning him in a meeting in my office. she ended up voting for neil gorsuch to be on the supreme court. do you see brett kavanaugh as any different from gorsuch? >> not really. i actually think talking to people on the hill, that there's less threat now from susan collins and lisa murkowski than somebody like rand paul, who you don't know where he's going to come down. he has put out a statement saying of the same that he looks forward to the hearings and reviewing the record and talking to brett kavanaugh. traditionally, senator paul has not been somebody who follows the party reine. -- party line. who knows. >> dana: tommy voter, formerly with obama, he said kavanaugh spent time in the bush white house, the e-mails are public record, democrats should demand they be posted online like elena kagan's e-mails were. this is part of the attempt by
schumer and the left to say look, we won't be aible to get this done quickly, we have so much paper to look through. it is interesting to think about the difference. elena kay dpan was a policy advisor, in the clinton white house as a lawyer, kagan. when brett kavanaugh is the staff secretary, had to put things through staffing, that's not where offer your opinion. you are trying to build consensus which he was good at. what do you think about the argument that the long paper trail will delay the nomination i don't think it's going to hold water. i think there will be an effort to move it quickly. senator mcconnell probably with the wheels of the majority leader can do that. whether it can all happen as the white house hopes by september 1, don't know. there are a lot of just rulings that he has put out there, that the senate would like -- those senators on the judiciary commit would i like to go through. i think that you have senator cornyn saying he thinks three democrats are going to
eventually vote for kavanaugh. there's a lot of head counting. but one thing we know, senator mccain likely isn't going to come back and cast a vote. obviously, everyone hopes he does. likely he isn't going to. the calculation changes. as far as the numbers. >> dana: anything bee should know about your interview with vice president pence that will air on "special report". >> he's up on capitol hill, we will be heading up there shortly. and we will be obviously talking about the rollout, and the left what they've been saying about brett kavanaugh and other issues as well. should be good. >> dana: i will tune n brett bare, thank you. >> thanks, dana. >> dana: joined now by kerry severino, chief counsel and policy director at judicial crisis network and former clerk to justice thomas. elizabeth weidra, from the constitutional accountability center. great to have out first day of the supreme court battle to come. let's look at the ad that the judicial crisis network is
running about this battle, watch. >> after working in the white house, brett kavanaugh became a judge confirmed with boy partisan support. strong and independent, he applies the constitution just as it was written. like neil gorsuch he will be another great justice. confirm kavanaugh. >> dana: what kind of investment are you willing to make for this nomination, carrie? >> we had a budget for the gorsuch nomination about $10 million. we anticipate it will be at leasts contentious. unfortunately we're seeing lots of ramping-up from the left, sky is falling rhetoric. will be a lot of attack. we will defend the nominee, make sure his actual record, his story told. a lot of disconstruction and distortion of his record in the first 24 hours. >> dana: elizabeth i think you might see it differently. demand justice is planning to spend $5 million, the initial investment, in this.
do you think that the left is ready to take on this battle? >> i think because the stakes are so than questionably high in this nomination battle. we're talking about roe versus wade, lgbtq equality, racial justice, environmental protects, a few of the areas where justice kennedy was the swing vote. certainly progressives and frankly americans of all political stripes are very interested in this fight. you know, it's funny, but campaigning president trump was very clear over and over and over again that he was going to nominate some one to the supreme court who would overturn roe vs. wade a lot of advocates for cav in a's nomination and for the administration are saying that's just a scare tactic that roe is going to be overturned, don't worry about it. i'm still worthied. >> dana: i hear on you that. naral has ads as well, i think we have photographs, they're going to focus on maine senator
susan collins and alaska senator lisa murkowski. they'll look at colorado, corey gardner, dean heller in nevada in a battle for re-election. what do you make of that, carrie, from what the president said when he was campaigning to then what he said that he wouldn't ask any of these nominees what they would do on any specific case or roe v. wade. how are you answering that question? >> people use a lot of shorthand during the campaign. the president has acknowledged that he can't ask any nominee, he will not ask the nominee how he would real on a specific issue. pretending this is going to be the fifth vote really doesn't take into account the full span of the justices in the court. chief justice roberts is the swing vote with justice kennedy's retirement. incremental interest. he wants to move step by step. even in the unlikely question you had a challenge head-on, which i don't think will happen,
you wouldn't have chief justice roberts saying i'm the fifth vote. i think justice kennedy is what everyone said. >> dana: i have to stop you there, we'll come back to you if we can. senator mcconnell is speaking now, let's go there live. >> has been rolling, in not just from people that are conservatives, but others as well about his brilliance, his talent, his temperament, all of the things that the person people would like to have in a judge. somebody who is clearly over the years tried to follow the law as it was written and not try to get the result you want to get. i remember justice scalia always said you aren't a very good judge if you aren't occasionally uncomfortable with the outcome you reach, because it's dick tainted by the law or the constitution. so i think the president has made a great appointment. great nomination. we'll work our way through the process. we believe it's possible to
handle this nomination fully by the fall. and i know chairman grassley believes, he's already said in a statement today, he believes we can work our way through the process in the normal length of time that we did on gorsuch and kagan and others. have this nominee in place some time this fall. >> i know people must be wondering what in the world is going on, where sep at democrats are opposing -- senate democrats are opposing a nominee yet to be named. where unfortunately it's pretty clear we saw this with judge gorsuch as well, democrats given the current state of their politics are unwilling to defy their base and vote for well qualified nominees. so they find it a safer political position for them to take to say they will oppose all nominees by president trump. but i agree with the leader that
judge kavanaugh is an extraordinarily well qualified judge. the reason why i think the left is so afraid of this nomination, is because they view the judiciary as a policymaking arm of the federal government. we disagree and we're in good company with james madison and alexander hamill tond and the four ders what viewed the judiciary as the least dangerous branch, they aren't the policymaking arm of the government. that's congress and the executive branch. that's where policy needs to be made. so we need good judges like neil gorsuch and like brett kavanaugh who will interpret the law as written not as they wish it to be or view themselves sort of a legislator wearing the black robe so they can dispense policy without having to bother with elections or electoral accountability. >> dana: hah was senator mcconnell and senator cornyn. i believe we have our panel
still, thank you for sticking around. elizabeth, let's go to you, you heard the senators, they're trying to make this sound like it's all systems go, everything fine, situation perfectly normal. you think that will cut it? >> well, i think we are in an unusual situation. this is an unusual president who made promises and stated litmus tests about the kind of justice he would nominate to the supreme court. so that's why we're here. there's a difference between legislating from the bench, which i agree is not the appropriate role of the judge. and being the bulwark of liberty that the founders intended the court to be. a court that would vigorously even force the constitution guarantees of equality and liberty. why justice kennedy, his vote has been. this is about the decisive vote. in the abortion cases, irj ma equality, affirmative action, he was in the 4 to 5 against marriage equality. this nominee is going to be the
decisive vote just as kennedy was on whether it's a 5-4 in one direction or another. >> dana: if the election went the other way the conversation be would very different. we might not even be having it at all. what's the best way for the conservatives to combat elizabeth's argument? >> well, if the election had gone the other way there would be a sizable liberal majority and it would be about cementing that further. that's the reason more than one-fifth of the americans said they wanted president trump to be the one to appoint the next supreme court justice. this is his second chance at fulfilling that promise, one of his most popular issues with the american people. i'm thrilled he appointed justice gorsuch, all of these issues, we're speculating, we don't know what a justice kavanaugh would do on the court. so what we do know, he has a record 300 cases he has decided, we look at how he applies the law and the constitution, primmed and excellent writer. i think no one should have to be concerned when some one is going
to substitute their own views. >> dana: carrie and elizabeth, thank you for sticking around. fox news alert on mission accomplished in thailand, crews rescue the last boy trapped in a flooded cave with their coach this morning. a dramatic end to the 18 day ordeal. jeff paul is live in thailand, jeff? >> well, dana, collective sigh of relief from not only the locals here in thigh land and those watching all around the world that this team of boys and their coach are finally safe after spending more than two weeks inside a cave. applause, tears outside the hospital this morning, as that ambulance drove up, the final ambulance drove up, and entered the facility. it was really incredible to see. you could tell people were relieved, finally, this was over and these boys would get the treatment they needed. really neat picture put out by the that i navy seals, the men and women who put their lives on the line to make sure this team gets out, gets to safety.
they gave us thumbs up. what we know about their condition right now, they're in the hospital getting treatment. they'll likely be in isolation for the next couple of days. they want to make sure they don't have any illnesses or respiratory issues that can be spread. they will get a chance to see their parents through glass. this is standard procedure. after a few more days, they will be given more solid food, they don't want to overwhelm them with poom things. again, they've spent two weeks with little water, very the solid food. the important thing to remember is this is a collective effort. divers and personnel volunteers from all around the world, the united states, australia, and again the people here in thailand coming together to make sure this soccer team survives and gets to safety. dane? >> dana: all right, jeff, the world needed a win and that was amazing that it ended up so positive, thank you for that report. former national security advisor michael flynn making his first
court appearance and pleading guilty to lying to the fbi. is he any closer to learning his sentence? plus, president trump takes aim at european allies as he prepares to land in belgium for the nato summit. .it will be an interesting time with nato. nato has not treated us fairly but i think we'll work something out. my day starts well before i'm in the kitchen. i need my blood sugar to stay in control. i need to shave my a1c. weekends are my time. i need an insulin that fits my schedule. ♪ tresiba® ready ♪ (announcer) tresiba® is used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar, prepares to land in belgium for sweating, confusio and he. check your blood sugar. low blood sugar can be serious and may be life-threatening. injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions.
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>> dana: michael flynn appearing in court today for a hearing ahead of his september sing. his attorney says the retired general is eager to move forward and put all of this behind him. this is the first time he's been in court since pleading guilty to lying the to the fbi in december. his sentencing delayed while he cooperates with special council robert mueller's investigation.
>> president trump: we're being taken advantage of by the european union. we lost $151 billion last year on trade. and we spent at least 70% for nato. and frankly, it helps them a lot more than it helps us. so we'll see what happens. >> dana: president trump speaking out ahead of his departure for the nato summit which is shaping up to be tense. the head of theure peep an union launching a twitter attack pushing back against the president's complaints about nato sending. president set to land in belgium within the next area. daniel is from the former national security council and former ambassador to poland. mr. ambassador, how are you looking at this, there's a lot of noise, i know you know what's going on behind the scenes. what should we know about this upcoming meeting? >> well, i wish i knew what was happening behind the scenes. but president trump has
appointed the -- has a point the europeans need to spend more on nato. if he intends to push nato to do the right thing i'm all for it. but what i worry about and what a lot of europeans are worried about, americans too, that the president is using defense spending as a tool to weaken nato. and that doesn't make sense to me. i don't know how that helps our country. >> dana: so you had the european president and others saying there are many countries meeting their spending goals, spend 2g%, the requests, united kingdom, e stono, romania and others. a sticking point is germany. do you think that everybody will want to come to the meeting fe bigging out a way to keep the president happy and keeping this appliance on track? they have made progress in several areas like cyber and trying to help push back on russia in various places like crimea and ukraine. >> that's right. if the president wants success at nato he can have it.
european defense spending is going up. the president is in a good position to take credit for it. nato is putting forces into the baltic. they're standing strong with us in a number of areas. the president ought to take yes for an answer. let's not forget, defense spending is not the only issue. we were attacked on 9/11. nato invoked article 5, collective defense commitment, and they came to our asis mens. over 1,000 european soldiers have died in afghanistan fighting alongside us, against the taliban. that's because we were attacked and they came to our aid. you don't throw that away. as for the. european union, that's donald tusk. i knew him when he was acting in solidarity. the polls through solidarity, helped win the cold war for us as well as for themselves. >> dana: take a look at this, dan, i don't think you have had a chance to look at these, from
defense 1, showing that russia is building up military activity along the eastern european border especially along the polish border. is it your position that russia still constitutes a great threat to europe? >> of course it is. the russians have started two wars against their neighbors. georgia 2008, ukraine 2014. they're building up their forces. and the americans have now put significant numbers of troops on a rotational basis into poland, a good thing. nato, non-u.s. nato forces have been built up, more modestly in the baltic states. this is right. russia is a problem. i want america to have friends. i don't want america to be alone. i want our adversaries to be alone. siding with your friends to get a good result may be a necessary tactic. >> dana: one country -- >> disruption becomes destruction. >> dana: the u.k. wanted to break from europe, pass in an
election, breaks it, to get out -- brexit to get out of the european union. theresa may's administration seems to be in crisis. as we developed our policy on brexit i have allowed considerable latitude to express the views. the agreement we reached on friday marks the point that is not the case f you aren't able to provide the support we need, it is right that you should step down. will it be the position of the citizens of britain when they said brexet they meant it? >> well, the british voted to leave the e.u., that's turning out to be a little more complicated than some of the pro-brexet people thought. it's one of these things that sounds like a good idea at the time. you get to vote your frustration. but you have to live with the consequences after that. european union has a lot of problems. but it's also a miracle. it wasn't set up to take advantage of the united states.
it was our idea because after two world wars we were tired of going in to rescue europe from themselves. we wanted the europeans to get together. we pushed for the e.u. and it's been a fabulous success. are there trade problems other problems, of course. so let's deal with them. but let's not forget whatever our problems are now, it's better than let's say d-day. >> dana: indeed. she might be in a no-win situation. daniel fried, thank you for being here. >> my pleasure. >> dana: we are learning the u.s. is send mag reins to bolster security at the u.s. embassy in haiti after four days of riots after the government raised fuel prices of the state department issuing a level 4 travel advisory, the same warning for afghanistan, iran, syria and yemen. some american volunteer groups are stuck on the island. the violence forcing airlines to cancel flights. one church group from florida
tried to get to the airport yesterday but the roads were ploked. deadline day for reuniting the youngesting my dprapts with their parents after being separated at the border. where the trump administration says things stand. the confirmation for the president's supreme court nominee, the map with the pulse on capitol hill, what we're hearing about judge brett kavanaugh. >> i am going to fight this nomination with everything i've got. the american people must join us and speak loudly. clearly. and now.
>> dana: chuck schumer the democrat majority leader. one of which is dedicated to repealing roe, the other dedicated to getting rid of healthcare for americans. vet the nominees. he chose some one from the list. you can be sure that the federalist society did not allow anyone on the list who maintain roe. you can be sure that the heritage foundation would not allow anyone on the lils the who would maintain healthcare particularly the ability of families with pre-existing conditions to continue to get healthcare.
and then he added, why did he choose kavanaugh since all of these 25 would have met those two criteria, which are so offensive to so many americans? he chose the candidate who he thought would best protect him from the mueller investigation. mr. kavanaugh was probably the most extreme on that issue of the 25. >> could we -- >> thank you. um, he chose the nominee who he thought was the most extreme of the 25 on that issue. not only did mr. kavanaugh say to the president should not be subpoenaed. he said a president shouldn't be investigated. mr. kavanaugh. is the president above the law? and he went even further, and made the incredulous statement that if the president deemed a
law to be unconstitutional he shouldn't follow it. that would be bad if anyone were president. but with donald trump who has shown so the respect for rule of law, for balance of power, for dispersion of power, this is extremely dangerous. we democrats believe the number one issue in america is healthcare and the ability for people to get good healthcare at price these can afford. the nomination of mr. kavanaugh would put a dagger through the heart of that cherished belief that most americans have. and that's a belief that democrats, republicans, and independents have. so there are many issues out there. there's the rights of labor unions. there's the rights of people who want to protect the environment.
there's the right to the lbgq community. at the top of the list is healthcare. healthcare. this nominee will make the ability of americans to afford decent healthcare so much the worse. senator? >> thank you. >> dana: senator schumer talking about the supreme court nomination of brett kavanaugh. i want to go to chad pergram. you were listening to the senator. now we have heard from mcconnell and schumer coming out of the policy lunches. what do you think is happening on the hill, as this nomination gets under way? >> well, democrats are concerned about this, because you're looking at going from a 5-4 court to maybe 6-3 court. you look at some of the things that chuck schumer was referring to there, concerned about gay rights, concerned about healthcare issues, labor issues. that's a big worry for democrats. so far most republicans are onboard.
listen to republican senator jeff flake. >> district court judge for 12 years, you have a long paper trail. it's taking a while to get the papers together. nothing stands out. as an obstacle. he's a solid pick. >> any comment on the democrat u.k. attack of him thus far? >> well, a lot of those were made before the selection was made there. >> that's the concern from many senators, especially on the democratic side of the aisle, they want to slow it up, they have a lot of paperwork to go through. i spoke evenings tensively with lisa murkowski a potential swing vote, republican senator from alaska, one of two republicans who could be on the fence on this nomination. she urges folks to take it slow, there is so much paperwork to go through. she notes she voted for brett kavanaugh for a lower court position in 2006 because the magnitude of this is much more significant. talking to chuck grassley earlier when he met with
kavanaugh he said he wants this process to move quickly. that could poe temperaturesly put the senators even on the right at oedz -- potentially put them at odds with the senate judiciary committee. >> dana: all right, chad, thank you. for more on this with steven law, president and ceo of the senate leadership fund. you were listening to both senators, i imagine, and i wonder what you think about how this is under way in particular you heard the senator schumer say they're going to focus specifically on healthcare. he said it several times. he paused, looked at it. and that probably means they got focus group research since the announcement that anthony kennedy was resigning and they'll focus on healthcare not necessarily just row v. wade. -- roe v. wade. >> democrats have been concerned the only thing they seem to talk about are russia and stormy daniels. they started to zero in on the fact they needed to address pre-existing conditions, resurrect the cluster of use around the war on women.
with this supreme court no nays, it gives them the opportunity to talk about the things they already decided they wanted to focus on. articulated it before the announcement of the retirement, before the announcement of the nominee. and i think they're just going to continue in that mode. regardless of what j.j. kavanaugh's views are on the subjects. >> dana: this morning, the other day, feels like a lifetime ago, this morning in the "wall street journal" talking about mitch mcconnell. you know you foe hem well. and any senate majority leader becomes public enemy number one. this is what the editorial board said. he says the only real power he has as majority leader is control of the senate floor. when antonin scalia died, mr. mcconnell said the senate wouldn't take up the nomination in president obama's last year. democrats screamed but neither mr. mcconnell or grassley flinched. the result, justice gorsuch. i wonder if you think it's possible any republicans might
flinch going into this or are you hearing that pretty much they're all going to be onboard? >> well, obviously there's a lot of work that needs to be done particularly with the more moderate members of the caucus. leader mcconnell is sensitive to that and allow that process to unfold. but i think you put your finger on really the most important underlying issue, beyond the significance of the nomination itself. that's the importance of who controls the senate. as leader mcconnell said, what you get to control is what gets considered and what doesn't. his decision to wait and allow a vacancy to remain so that president trump could nominate justice gorsuch last year, i think, was probably one of the key defining issues of his career, of the senate work. the importance in the senate, the role that it plays, usually kind of unexciting place to slow it down. right now, it's going to be center stage. it's going to play a very, very important role in the drama. >> dana: i'd say there's no shortage of excitement and drama in washington right now, even on
the senate side. because you're with the senate leadership fund tell me about how you plan to pressure red state democrats running for election this year. >> will be a lot of different groups doing different things at various stages of the process of the group that has the lead is the judicial crisis network, was on your show a few minutes ago. our role comes in closer to the end. there are a number of red state democrats, senators running for re-election in states donald trump won by 10 percentage points or more. in those states, a recent poll showed that voters in those state wanter that senators by a 57% or more margin to support the president's nominee. we're going to be putting a lot of pressure on those senators to do what their constituents want them to do and confirm judge kavanaugh. >> dana: steve law, thank you, we'll check back in with you as the confirmation battle gets under way. >> sounds great. >> dana: the trump administration confirming more than 50 children under five have
been reunited with their parents. about 100 others remain at government facilities today, which is the court mandated deadline to bring families back together. casey sigel is outside one of those facilities in brownsville, texas. casey? >> yeah, dana, court is still in session as we speak right now. u.s. district court judge out in california, is making federal government lawyers do a whole lot of explaining on why only 63 of the 102 kids under the able of 5 could meet today's deadline and be reunited about with their parents as the court ordered. well, the judge wanting to know the extenuating circumstances of the children who remain. hhs giving a range of explanations from the parents had already been deported. some had criminal records. then citing security concerns in somes days. but lawyers with the -- in some
cases. lawyers say it's difficult to get an accurate, big picture, the federal government numbers don't add up. >> we are relying on their number of 10. kids but we're hearing from people around the country that they are representing parents who have children under 5 who did not appear on the list. it's troubling if there are children and parents simply not in any government tracking system. >> a new deadline of july 26 looms. the date that all separated children must be reunited under that court order with their families. hhs puts that number at under 3,000, but more than 2,000. so clearly, now, aclu and other critics of this whole policy are asking if the federal government was unable to meet today's deadline of 102 children, how equipped are they to carry out
thousands. and a new hearing is scheduled for friday. that just coming in for friday, where all of this is going to be us asked looking forward. >> dana: all right, casey, we'll check back with you through the week, appreciate it. president trump issues a pardon to two ranchers involved in a heated land dispute. why he sells the sentence was unjust. growing concerns over cyber security, former department of homeland security michael chertoff, how can you better protect your information online.
>> dana: president trump pardoning two oregon ranchers calling the sentence unjust. dwight and steven hammond were convicted of intentionally spreading fires to public land. the five-year september says were reduced but that was overturned on appeal a decision that outraised activist and led to the armed okay on you pags in oregon. protesters claimed the federal
government overstepped its authority. president trump set to arrive in brussels, belgium any minute now where nato puts a priority on cyber security. few of us realize how much of our data is collected on a daly basis, threatening our security and personal privacy. michael chertoff is the author of the new book "exploding data." out today. he's a former hoep homeland security secretary, under george w. bush, co-founder of the chertoff group. good to have you here, congratulations on the look. can i get your take on the nato piece? it's one thing to ramp up on the military side of things but only takes a few bad apples on the rush side to attack us thu a cyber a -- russian angle to attack us. >> nato has begun to focus on cyber, even when i was in office in 2007 the attack on estonia coming from russia, in 2008
georgia. they are developing a center of excellence, putting together a strategy, and they recognize this is now going to be very much a part of our national defense. >> dana: you think that is -- but nato should address that absolutely. there's no question that at least for the russians and the chinese they viewed the cyber domain as part of the tool box for waging war. we have to be able to meet them on the same terms. >> dana: we would consider an attack on one as an attack on all? >> if it rose to the level of a warfare. now that doesn't mean every time you steal data or you spy it's warfare. you have that for decades. but it does mean if you destroy things and kill people, that's going to be warfare. >> dana: especially if it takes down some important entity like a popt or -- >> -- hospital or --. right, then you get into an act of war. >> dana: tell me about your book. i know a lot of people are hearing things, of course we're on our phones, everybody knows everything about us everywhere. are we completely overexposed?
. it's a little bit about the story about the frog that gets boiled alive turning it up a few degrees a little at a time. we have generated more data than we think. there are obvious things like participation in social media. but there are things that are not obvious. the locational data, what i call the digital exhaust that comes out of your cell phone. the data generated when you use your credit card or loyalty card at the grocery store. what is critical, all of this can come in together. it's either all residing in the cloud and the cloud reprider who is actually operating the servers can look across all of the data. or they can sell it. you have people who are able to accumulate almost every piece of data about your life in a single place. >> dana: in your book you explain to people how you can be aware of that and what you can could do to try to help yourself? >> two things. in terms of what can do as an individual. be mindful of when you free to share information or data.
often as part of offer to take something, quote, free. it is not free, you are paying for it with information. be mindful of that. recognizing that insecure devices like some of the baby cameras and refrigerators, now being sold as, quote, smart devices also generate data. more generally, i think we have to make changes in the law. we have to level the playing field between the individual and those large entities that control the data in big mat forms. you have a choice. you're not forced to surrender your data, to participate in something that is almost a necessity in modern life. >> dana: i know that in congress they're p to take up the encryption debate how law enforcement could interact with phone companies and have a all of our data if they need something right away. contentious issue. interest could end up as a contentious issue in the supreme court confirmation battle with brett kavanaugh.
the supreme court is going to have to rule on these things. how far behind is the government in making laws to keep up with the technology? >> well, it's interesting that the court, supreme court, is somewhat ahead of congress. congress has not really done a lot in this area to deal with the new challenges. they're beginning to talk about it. but as series of decisions to the supreme court reached in the last few years, they've begun to tackle this issue. and the most recent tase a few weeks ago, carpenter, involved restraints on the government's ability to get the locational data that emanated off your cell phone. what is interesting is that judge gorsuch, justice gorsuch, wrote a separate opinion, he talked about the issues that i raised. who controls the data, even if you surrender it to somebody else? so in many ways the court is ahead of congress. >> dana: did you agree with that decision? >> i agreed with the decision. there are differences in approach about the reasoning which are more technical. but the important thing to me you have the justices really
tackling the way modern technology has changed the architecture of our laws in a way that requires to us reset our laws. >> dana: do you think the supreme court needs to look at the fourth amendment when it comes to security? judge napolitano brings it up, rand paul is going to bring it up on the senate floor. >> i think the supreme court is looking at that. the way the court typically operates if they don't write a book and cover everything, they deal with each case at a time and move incrementally. the proper way a judge ought to behave. i'm encouraged that the current court, whether you free with each decision or not, is really taking seriously the need reframe the debate about modern technology. >> dana: one last question, your time thoughts about the family reunification issue, the govm not able to meet fully the deadline set by the court. another deadline. the families being separated and the court saying you have to do better by july 26. >> this is a matter of great you are enty.
-- urgency. the government is trying to move as quickly as possible f you didn't keep records at the front end and track everybody, it gets difficult to do at the back end. that's creating the burden now. obviously, the judges are going to really hold the government to getting this done quickly. >> dana: secretary michael chertoff, earned that. big surprise for the family of a 5-year-old who had an expensive collision with a statue. find out who is bailing them out. tesla is planning a big splash in china.
side the united states, eventually producing half a million cars in china. christina joins me now. >> this will be a bigger plant in china compared to the one in california. they want to build 500 million cars in just about two to three years. they're really try to expand in china. they see how large the market is. china wants to been all electric. we'll get into that in a second. for context, tesla creates electric cars. and when you have electric cars, as a company, you get some subsidies from the government. the plant that you are seeing on the screen is in california. that is their main plant. they have a giga factory in nevada. but they have received taxpayer dollars, some breaks, that's to the tune of $2.4 billion. latest in 2015. i'd like to preface that money, that giant sum you are seeing, is for several different things. it's for tax breaks, subsidies,
energy loan, they're training people. it's not all here we're giving you money to grow your company. >> dana: in china where the cars would be then recharged with electricity, that's all coming from cole-fired power -- coal-fieerred power plants. >> they're trying to change that, they have a plan to become way more energy efficient. they want the market to be. they want to be the forefront in 2025. >> dana: we have 40 seconds left. the tariff war? >> some people say this tesla is doing it in response, their cars, china has put an import or tax, 40%. they've already had to increase their cars. which is why they're going forward, same thing about harvey davidson. tesla said they want to tap into the market, china wants to have 7 million energy cars by 2025 on their market. they're going to build the infrastructure, plug-in stations. tesla -- >> dana: i'm a skeptic. >> tesla still doesn't make
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>> a follow up for you. todd, a golden retriever was bitten by a snake. the good news, todd is on the road to recovery. the arizona diamondbacks honored him in a pregame ceremony. >> i think he's super excited to be here. i'm excited the diamondbacks are honoring him. he's definitely a hero. >> todd saved paula from a rattle snake bite. todd is a hero indeed.
thanks for joining us. tomorrow we have senator marco rubio will be on the show and later on today on "the five", greg gutfeld is back from vacation. thanks for joining us. i'm dana. here's shep. >> shepard: it's noon on the west coast, 3:00 on the east coast. 9:00 p.m. in brussels where president trump is set to meet with world leaders. today he again ripped in to our nato allies while sharing some nicer words about russia's president, vladimir putin ahead of their summit next week. get ready for the senate's supreme court showdown. a day after the president's announcement, we'll look to the senators that could play a crucial role in the fate of judge kavanaugh. and a look at what he's written about prosecuting presidents. also, celebrations in thailand after rescuers save the children and the