THAT CHANGES EVERYTHING. >> PETE ER-SHEA HAS BEEN
STUDYING THE COURT ORDER WE’LL
GET HIS READING OF IT THIS HOUR.
>> THANK YOU, LAWRENCE.
>> PRESIDENT TRUMP GOT THE
HEADLINES HE’S BEEN FEARING
TONIGHT, CHICK SUN TIMES SAID
TRUMP CAVES.
TRUMP CAVES. TRUMP CAVES IS THE HEADLINE HE
FEARS MORE THAN ANY OTHER.
THE FALSE IMAGE IS HE NEVER
BACKS DOWN.
BACKS DOWN. BUT THE TRUTH IS THE OPPOSITE.
DONALD TRUMP SAID HE NEVER GIVES
UP AND NEVER SETTLES LAWSUITS
THEN HE PUBLICALLY GAVE UP AND
SETTLED A FRAUD LAWSUIT FOR
$25 MILLION.
$25 MILLION. THAT WAS $25 MILLION FOR
DEFRAUDING THE STUDENT VICTIMS
OF TRUMP UNIVERSITY.
OF COURSE, MOST FAMOUSLY AS
PRESIDENT.
PRESIDENT. THE VERY FIRST THING DONALD
TRUMP DID, FIRST THING, WAS TO
BACK DOWN ON MEXICO PAYING FOR
THE WALL.
THE WALL. AFTER DONALD TRUMP BACKED DOWN
AND GAVE UP ON MEXICO PAYING FOR
A WALL ON THE SOUTHERN BORDER,
THE PRESIDENT WAS CAPTURED IN A
TRANSCRIPT OF A PHONE CALL TO
THE MEXICAN PRESIDENT BEGGING
HIM TO PLEASE STOP SAYING THAT
MEXICO WOULD NOT PAY FOR THE
WALL.
WALL. AND, OF COURSE, PRESIDENT TRUMP
BEGGED THE MEXICAN PRESIDENT TO
STOP SAYING IT BECAUSE THAT HURT
DONALD TRUMP’S IMAGE OF NEVER
BACKING DOWN.
BACKING DOWN. PRESIDENT TRUMP BACKED DOWN ON
HAVING MEXICO PAY FOR THE WALL.
COMPLETELY BACKED DOWN ON IT.
AND THAT’S WHY THE PRESIDENT IS
NOW BEGGING CONGRESS AND THE
AMERICAN TAXPAYER TO PAY FOR THE
WALL AND CONGRESS IS REFUSING TO
PAY FOR THE WALL.
PRESIDENT TRUMP STARTED JAILING
BABIES AND TODDLERS AND CHILDREN
OF ALL AGES IN APRIL AND DID IT
WITHOUT LEGISLATION FROM
CONGRESS, HE DID IT WITHOUT AN
EXECUTIVE ORDER.
EXECUTIVE ORDER. HE JUST DID IT THROUGH A MEMO
ISSUED BY THE ATTORNEY GENERAL
TO FEDERAL PROSECUTORS ON OUR
SOUTHWEST BORDER STATES ENTITLED
ZERO TOLERANCE, AND THAT MEMO TO
PROSECUTORS WAS A CHANGE IN THE
POLICY OF HOW THESE CHILDREN
WERE HANDLED.
WERE HANDLED. IT WAS A CHANGE IN THE WAY THE
TRUMP ADMINISTRATION WAS
HANDLING THESE CHILDREN RIGHT UP
THROUGH MARCH OF THIS YEAR.
THE PRESIDENT TO DO THAT JUST
NEEDED TO TELL JEFF SESSIONS TO
TELL HIS PROSECUTORS TO DO THAT.
NOW ALL THE PRESIDENT WOULD HAVE
TO DO IS TELL HIS PROSECUTORS TO
STOP DOING THAT.
TO STOP PROSECUTING EVERY FAMILY
WHO CROSSES THE BORDER WITHOUT
THE PROPER DOCUMENTATION.
TODAY THE PRESIDENT ISSUED AN
EXECUTIVE ORDER.
EXECUTIVE ORDER. AN EXECUTIVE ORDER THAT HELPS
NONE OF THE BABIES AND CHILDREN
WHO ARE IN CUSTODY TONIGHT.
IT SEEMS THE PRESIDENT WILL
CONTINUE TO PER SUE A ZERO
TOLERANCE POLICY AND INSTEAD OF
SEPARATING CHILDREN FROM THEIR
PARENTS WHEN THEY ARE ARRESTED,
THE GOVERNMENT WILL, QUOTE, TO
THE EXTENT PERMITTED BY LAW AND
SUBJECT TO THE AVAILABILITY OF
APPROPRIATIONS MAINTAIN CUSTODY
OF ALIEN FAMILIES DURING THE
PENDENCY OF ANY CRIMINAL
IMPROPER ENTRY.
IMPROPER ENTRY. SO THE BIG CHANGE IN THE
EXECUTIVE ORDER IS THAT CHILDREN
WHO ENTER THE COUNTRY WITH THAT
I SHALL PARENTS WILL BE ALLOWED
TO GO TO JAIL WITH THEIR PARENTS
INSTEAD OF GOING TO JAIL ALONE.
SO THE QUESTION TONIGHT IS, WHAT
HAS REALLY CHANGED AND WHAT IS
GOING TO CHANGE BECAUSE OF THIS
EXECUTIVE ORDER?
EXECUTIVE ORDER? AS I TOLD RACHEL, WE WILL BE
JOINED BY PETER SHEA, ONE OF THE
LAWYERS IN THE FLORES CASE,
WHICH IS THE FEDERAL LAWSUIT
THAT SETS THE RULES FOR AND
CONTINUES TO CONTROL THE RULES
FOR THE HANDLING OF CHILDREN IN
THESE CASES.
THESE CASES. THE EXECUTIVE ORDER TELLS THE
ATTORNEY GENERAL TO, QUOTE,
PROMPTLY FILE A REQUEST WITH THE
U.S. DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA
TO MODIFY THE SETTLEMENT
AGREEMENT IN FLORES VERSUS
SESSIONS.
SESSIONS. WHEN JEFF SESSIONS FILES THAT
REQUEST, HE WILL MEET PETER SHEA
IN COURT.
IN COURT. AND IN A MOMENT ATTORNEY PETER
SHEA WILL TELL US HOW HE WILL
RESPOND IN COURT TO THE ATTORNEY
GENERAL AND TO PRESIDENT TRUMP.
BUT FIRST JOINING US NOW FROM
McALLEN, TEXAS, JACOB SOBOROFF
AND CHRIS HAYES.
>> CHRIS YOU’VE BEEN SPENDING A
COUPLE DAYS DOWN THERE NOW.
THE STORY HAS CHANGED BUT THE
QUESTION IS HOW MUCH HAS IT
CHANGED?
CHANGED? WHAT DOES THIS EXECUTIVE ORDER
DO?
DO? >> THAT’S THE QUESTION.
THE FOLKS WE’VE SPOKEN TO DOWN
HERE, THE TEXAS FOR CIVIL
RIGHTS, THE LAWYERS IN CONTACT
AS THIS PROCESS ROLLS THROUGH,
DON’T KNOW WHAT TOMORROW BRINGS
AND WHAT FRIDAY AND MONDAY WILL
BRING.
BRING. TOMORROW THERE WILL BE PEOPLE IN
FEDERAL COURT WHO HAVE HAD THEIR
CHILDREN SEPARATED BECAUSE
THEY’RE A DAY LATE.
THERE’S AN OPEN QUESTION TO
EVERYONE DOWN HERE WHICH IS COME
FRIDAY MORNING WHEN THOSE 75
PEOPLE FOR THE MORNING SESSION
IN FEDERAL COURT HAVE THEIR
INTAKE INTERVIEW WITH THE PUBLIC
DEFENDER AND HAVE THEY BEEN
SEPARATED FROM THEIR CHILD,
WHETHER PEOPLE SAY NO OR YES.
AND WHETHER THEY’RE STILL
SEPARATED FROM THEIR KIDS TO GO
TO THE COURTHOUSE AND CHARGE, A
SHORT PERIOD OF TIME, TWO OR
THREE DAYS AND THEN BE REUNIFY
REUNIFIED.
REUNIFIED. IT’S AN OPEN QUESTION TO ME, THE
AMERICAN PEOPLE, THE PUBLIC
DEFENDERS AND THE ADVOCATES
HERE.
HERE. IT’S PROBABLY AN OPEN QUESTION
INSIDE CBC, THE FEDERAL
FACILITIES THAT ARE TASKED WITH
CARRYING THIS OUT.
I IMAGINE THEY DON’T KNOW THE
ANSWER TO THAT EITHER.
>> JACOB SOBOROFF THAT’S WHAT
WE’RE GETTING IN QUOTES TO THE
MEDIA IN WASHINGTON IS THAT THE
PEOPLE IN THE RELEVANT AGENCIES
DON’T REALLY HAVE THE ANSWER TO
WHAT HAPPENS NEXT, ESPECIALLY
THE QUESTION OF WHAT HAPPENS TO
THE 2,300 CHILDREN WHO ARE
ALREADY IN CUSTODY.
>> AND IN THAT REGARD, LAWRENCE,
THERE’S NOTHING NEW ABOUT THAT,
DHS AND HHS DIDN’T SEEM TO TALK
TO EACH OTHER BEFORE PRESIDENT
TRUMP SIGNED THAT ORDER.
THE SECRETARY OF HOMELAND
SECURITY SAID SHE DIDN’T KNOW
WHERE THE GIRLS WERE A COUPLE
DAYS AGO.
DAYS AGO. EARLIER AN OFFICIAL AT HHS TOLD
ME THAT AS FAR AS FINDING OUT
WHERE THESE 2,300, 2,500 KIDS
ARE AND WHETHER OR NOT THEY’RE
GRANDFATHERED INTO THE EXECUTIVE
ORDER, WE HAVE TO GO TO DHS.
AND THEN MAYBE AN HOUR LATER WE
GET A MESSAGE FROM A
SPOKESPERSON THAT TOOK THAT BACK
AND SAID WE CAN’T GIVE YOU ANY
ANSWER.
ANSWER. THE BALL IS NOT NECESSARILY IN
DHS’S COURT.
DHS’S COURT. NOW AGAIN MORE QUESTIONS AND
ANSWERS WE STILL DON’T KNOW
WHERE THE GIRLS ARE AND STILL
DON’T KNOW WHERE THE TODDLERS
ARE.
ARE. >> CHRIS, WE HAVE REPORTS FROM
INSIDE THE WHITE HOUSE
INDICATING THAT JOHN KELLY AND
COUNSEL McGAHN WERE ARGUING
AGAINST AN EXECUTIVE ORDER IN
THIS CASE THAT THE PRESIDENT WAS
ONLY GOING TO COMPLICATE THINGS
BY ISSUING THIS EXECUTIVE ORDER.
THE PRESIDENT WAS OUT THERE
TONIGHT IN HIS RALLY CROWD WHERE
HE SEEMED TO HAVE AS USUAL THE
FUEL ENTHUSIASTIC SUPPORT OF HIS
RALLY CROWD AND THEY SEEMED TO
BE GREETING HIM AS IF HE HAD
ACCOMPLISHED SOMETHING.
ACCOMPLISHED SOMETHING. WHAT’S YOUR READING POLITICALLY
OF WHERE THIS STANDS TONIGHT FOR
THE PRESIDENT?
THE PRESIDENT? >> I THINK ONE OF THE THINGS
WE’VE SEEN HAPPEN BEFORE.
I REMEMBER IT HAPPENED WITH THE
TRAVEL BAN WHERE IT WAS A
DISASTER AND GOT ENJOINED IN
MULTIPLE FEDERAL COURTS.
THERE WERE STORIES, STEVE BANNON
WANTED THIS TO HAPPEN, IT WAS
PART OF THE PLAN.
I’M SKEPTICAL OF THAT, IF THEY
WERE SO PROUD OF THIS POLICY,
THEY WOULDN’T HAVE LIED AND
HIDDEN IT.
HIDDEN IT. THEY WOULDN’T HAVE COME OUT AND
SAID WE HAVE NO CHILD SEPARATION
POLICY, WHAT ARE YOU TALKING
ABOUT?
ABOUT? NO, IT’S NOT US.
IT’S CONGRESS.
IT’S CONGRESS. IT’S THE LAW, IT’S FLORES.
THEY SPENT WEEKS AND WEEKS
ACTING LIKE THEY WERE TAKING THE
CANDY BAR OUT OF THE STORE.
AND THEY GOT CAUGHT.
THAT’S WHAT HAPPENED THEY GOT
CAUGHT TODAY.
CAUGHT TODAY. THEY BELIEVE THIS WAS PART OF
THEIR MASTER THREE MOVES AHEAD
STRATEGY BECAUSE THEY WANTED TO
TALK ABOUT IMMIGRATION.
HERE’S WHAT I THINK, THINK THINK
THEY DIDN’T THINK ANYONE WOULD
CARE ABOUT LITTLE CHILDREN BEING
TAKEN FROM THEIR PARENTS.
BUT THEY WERE WRONG, THEY DID
CARE.
CARE. IT DOESN’T MEAN THE POLICY
STOPS.
STOPS. ALL OF THAT IS UNCLEAR.
IN TERMS OF THE POLITICS THEY
GOT DEALT A LOSS TODAY.
THAT IS CLEAR AND UNAMBIGUOUS.
>> CHRIS, ONE THING THEY
PROBABLY DIDN’T ANTICIPATE, THE
PRESIDENT DIDN’T ANTICIPATE, IS
REPUBLICAN SENATORS, A GROUP OF
THEM, LED BY ORENHATCH WOULD
TAKE THE PRESIDENT OUT OF THIS.
TENDER AGE SHELTERS IS A
CHILLING PHRASE.
CHILLING PHRASE. WE WILL NOT SOON FORGOT.
THE CHILD SEPARATION POLICY
SHOULD BE HALTED NOW.
THAT IS BEFORE THE PRESIDENT
TOOK HIS ACTION TODAY.
OF COURSE, THE CONCEPT OF TENDER
AGE IS APPARENTLY AN OLD LEGAL
CONCEPT THAT REFERS TO CHILDREN
OF VERY YOUNG AGES.
AND IN THE CURRENT USE OF IT BY
THE DEPARTMENT OF HOMELAND
SECURITY, THEY APPARENTLY MEAN
CHILDREN AGE 4 AND UNDER, THAT’S
WHO THEY ARE REFERRING TO IN THE
REPORT WE GOT LAST NIGHT THAT
WAS NEWS LAST NIGHT ABOUT WHAT
THEY’RE DOING WITH THE CHILDREN
AGE 4 AND UNDER.
>> THERE’S THIS -- THE LANGUAGE
FROM ORREN HATCH IS INTERESTING.
HE’S SOMEONE WHO SAID THE
PRESIDENT HAS THE POTENTIAL TO
BE THE GREATEST PRESIDENT WE
HAVE.
HAVE. LIKE EVERY REPUBLICAN, INCLUDING
JEFF FLAKE, BASICALLY MOVED LOCK
STEP WITH HIM FROM A POLICY
PERSPECTIVE.
PERSPECTIVE. THERE’S BEEN A QUESTION ALL
ALONG ABOUT WHAT THE BINDING
CONSTRAINTS ON THIS PRESIDENCY
ARE AND WHETHER THE INSTITUTIONS
OF AMERICAN CIVIL SOCIETY AND
RULE OF LAW WILL HOLD IN THE
FACE OF SOMEONE WHO MANIFESTLY
HAS NO CARE FOR THEM SITTING IN
THE OVAL OFFICE, THAT BEING THE
PRESIDENT.
PRESIDENT. AND IN THE PAST WHAT HAS
CONSTRAINED HIM HAS BEEN
POLITICS, THEBOOK OBAMA CARE FIG
AND THE COURTS.
THE TRAVEL BAN, HELD UP IN THE
COURTS 1.0 AND 2.0.
IN THE COURT AND WE SHOULD GET A
RULING SOON, 3.0.
THIS WAS THE MORAL CONSCIOUS OF
THE NATION RISING UP AND SAYING
NO THIS IS A LINE THAT CANNOT BE
CROSSED.
CROSSED. THE BINDING CONSTRAINT ON WHAT
OUR GOVERNMENT DOES IT IS HERE.
TEARING A 12-MONTH-OLD BABY FROM
A MOTHER AND THROWING THEM INTO,
QUOTE, A TENDER AGE SHELTER.
THAT’S THE FIRST TIME THAT HAS
HAPPENED IN THE TRUMP
ADMINISTRATION.
ADMINISTRATION. THEY’VE HAD SETBACKS AND BEEN
CONSTRAINED BUT IT WAS
POLITICALLY IN CONGRESS, JOHN
McCAIN AND THE ACA FIGHT OR THE