Boehner: 'They Don't Have the Votes'

This is a rush transcript from "On the Record," March 18, 2010. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight, House Minority Leader John Boehner! But before you hear from him, take a look at this! It's huge! Well, guess what? It's your assignment. Speaker Pelosi just gave you 72 hours to read it. We've already burned up about 8 hours, so we only have 64 hours left, so you better get reading. The health care bill -- you can find it on line.

All right, now House Minority Leader John Boehner.

(BEGIN VIDEOTAPE)

VAN SUSTEREN: Any idea when this House vote is going to be?

REP. JOHN BOEHNER, HOUSE MINORITY LEADER: Well, they're trying to have it on Sunday, and that's the current schedule. But if they don't have the votes, they may be trying to do Sunday, but they're not going to bring this to the floor unless they have votes.

VAN SUSTEREN: All right. Any idea -- what's your head count right now? Because I realize it's a fluid situation, but what's your head count?

BOEHNER: Let's put it this way. They don't have the votes.

VAN SUSTEREN: But is it, like, one away, two away or five away? I mean, it could be a big difference.

BOEHNER: Listen, Greta, if they had the votes, they'd have done this in July or August, when they wanted to, or September, October, November, December, January, February. They never had the votes. And so we're talking about a bill that's been out there now for three monthes.

VAN SUSTEREN: But you say they didn't have the votes. They didn't have Congressman Kucinich. Then he had a little conversation with the president on Air Force One. They got him. Congressman Lynch in Massachusetts, who was a yes before, voted no, but apparently was going to the White House today to speak to the president. So I mean, you know, they're sort of -- they're peeling off your -- your no votes.

BOEHNER: They may be peeling off a few votes, but the fact is, they're not there yet. And if the American people stay engaged in this fight, they'll never get there. I've never seen the Congress of the United States pass a bill that the American people knew about and had already decided no. So they can push and shove, but (INAUDIBLE) it boils down to this. Are these Democrats going to vote with their constituents or are they going to vote with Nancy Pelosi?

VAN SUSTEREN: Well, (INAUDIBLE) so unusual to us is that the other night, Congressman Gutierrez was on our air, on "On the Record," telling me, telling us, that he was a no vote. Now today, like, two or three days later, he's a yes vote. What happened?

BOEHNER: Well, obviously, he had a conversation with one or more persons that convinced him to do otherwise. I don't know what was in it for him. But his opposition for several days was really very hard over the issue of illegal immigration.

VAN SUSTEREN: The CBO estimate, preliminary estimate today -- surprised at it? Read more ...