tv Special Report With Bret Baier FOX News April 28, 2015 3:00pm-4:01pm PDT
>> and fixing it. >> set your dvr so you don't ever miss an episode of "the five." stay tuned for coverage in baltimore. "special report" coming up on deck right now. this is a fox news alert. i'm bret baier in washington not far from here streets of baltimore are extremely tense as sunset approaches. you're looking at live aerial photos. national guardsmen are fanned out across the city. baltimore police with riot shields, as you just saw there on the streets. community leaders urging an end to the violence. at least 15 police officers were hurt. we have fox team coverage tonight and ed henry is at the white house with president obama's multi-layer response to the violence at a press conference. rick leventhal is in baltimore
tonight. >> reporter: bret a calmer day and officials hope a calmer night thanks in part to the extra boots on the ground and the 10:00 curfew set to begin this evening. there are far too many scenes like this with buildings burned to the ground and a night of senseless violence. and just a couple of miles from our location a very large demonstration taking place tonight. a very different scene than last night with these huge crowds holding signs but marching peacefully hoping just like the mayor is to set a new tone and direction for the city. >> reporter: local residents pitch in cleaning up the mess left by rioters and opportunists who torched at least 144 vehicles and 15 buildings, looted stores and attacked police. firefighters and journalists with bricks, rocks cinder blocks and bottles. this is some of what we encountered in west baltimore monday night. and least 20 officers were
injured and more than 200 people arrested. the violence erupted soon after the funeral for freddie gray who died april 19th one week after having his spine partially severed while in police custody. his death is under investigation. freddie gray's sister says the rioting is not what he would have wanted. >> freddie gray would not have wanted the violence. i don't like it at all. >> reporter: this corner store was one of the businesses looted and burned. randy howell's family has owned the home next door for 50 years. >> it's all burned out. my whole family's legacy is gone. >> reporter: 500 maryland national guard troops have been deployed along with hundreds of state and local police assisting baltimore city cops. thousands more soldiers and police officers are on standby. >> today, i think we saw a lot
more of what baltimore is about. we saw people coming together to reclaim our city to clean our city and to help heal our city. i think this can be our defining moment. >> reporter: and tonight, city officials defended their response saying the instigators were 15 and 16-year-old kids and the use of force was not appropriate but the fallout continues here. tomorrow the oriels will play the white sox at the camden yards but it's closed to the public. it's the first time in the history of major league baseball that a game will be played without fans. bret? >> so far, what is the feeling there? >> reporter: it's very quiet. i'm a couple miles away from where the protests were but right now things are calm.
>> rick leafventhal live in baltimore, thank you. the president denounced the behavior today but said police and society need to make some changes. chief white house correspondent ed henry has specifics. >> reporter: after itwaiting nearly 24 hours for making a comment on the incident in baltimore, he gave a 14-minute answer in the rose garden where he put the case of freddie gray in a context that it's been going on for a long time. >> this is not new. we shouldn't pretend that it's new. >> reporter: he was referring specifically to police interactions with young, african-american males and saying that departments around the country need to do some soul searching while trying to balance that while expressing concern for the officers who were injured in baltimore and slamming criminals for what he called senseless violence that undermines peaceful protests.
>> when individuals get crowbars and start prying open doors, they loot they are not protesting. they are not making a statement. they are stealing. >> reporter: the president rattled off six other areas of problems like absentee fathers, while going light on another key ingredient a sense of urgency of getting behind larry hogan and other officials. >> i want to hear what other officials are doing to assist governor hogan. >> reporter: when the violence in baltimore started exploding on monday afternoon, the president was taking japanese prime minister shinzo abe on a visit to the lincoln memorial. then the president held a meeting with loretta lynch but only invited in photographers, not reporters. the violence got worse monday evening.
today, the president pivoted to a pitch for a second-term legacy item saying the real solution involves investments in job training and early childhood education. >> and that's hard. that requires more than just the occasional news report or task force and there's a bunch of my agenda that would make a difference right now in that. >> now, as for a task force, the president did appoint one after ferguson. they talked about issues about what to do with body cameras because most forces are under state or local control. >> ed henry, thank you. larry hogan is addressing members of the media and talking about the executive order that he has issued declaring a state of emergency. let's listen in. >> law enforcement has rapidly been expanding. tonight, we will have 2000 national guardsmen and over 1,000 law enforcement officers
on duty. we have law enforcement assets at every corner and as well as pennsylvania new jersey and the district of columbia who have all dedicated law enforcement officers to our effort. this combined force will not tolerate violence or looting, which has led to the destruction of property and put innocent marylanders at risk. there have already been over 250 arrests. a citywide curfew will take place, take effect at 10:00 p.m. this evening. maintaining law & order, protecting innocent lives and property is our number one priority. we've also begun to assist the victims of yesterday's violence. at sunrise today, i surveyed the
damage done last night and thank the law enforcement officers for their dedication. i started at the west baltimore precinct and the corner of northern avenue and pennsylvania avenue. then went on to the mondawmin mall. during these visits i saw neighbors working together to restore normalcy to their neighborhoods. we have mobilized over 2,000 volunteers. and this morning, we moved the governor's office to baltimore city where we held a cabinet meeting where each state agency outlined their efforts to assist the baltimore city community. immediately following that meeting, i listened to a group of community leaders who voiced their concerns and provided input on how we can begin the long process of restoring our
community. we've been here all day and we will continue to be here until the threat of violence ends. our primary mission, again, is to maintain order and to begin to repair the damage inflicted by the violence and looting from last night. acts of violence and destruction of property cannot and will not be tolerated. baltimore's families deserve peace and safety in their community. but this is far from over. i have here with me -- i'm going to turn the floor over to general linda sting who is the general of the maryland guard and she's going to have a few comments. before i do that i just want to thank this entire team here at the maryland emergency management agency who have been working around the clock coordinating state and local
assets and they are doing a fantastic job. thank you all here in the room. general sting? >> thank you, governor. first, i -- >> governor larry hogan, republican governor from maryland talking about all of the response going on now on the ground in baltimore. an executive order has been signed and a state of emergency declared. the national guard is out and you can see some protesters there. there's been a peaceful situation on the ground in baltimore. community leaders, the governor saying that he has talked to a number of them who have pledged to do everything that they can to prevent violence and what was seen after sundown last night. we'll monitor this and bring you the latest. up next we will take you to the supreme court where the u.s. supreme court considers the case about gay marriage. first, here's what some of our fox affiliates around the
country are covering. 213 fox in seattle with an amazing video of an suv nearly hitting three children while they were about to get on a school bus. fox 9 in the twin cities with news from pediatricians that head lice should no longer keep a stud frentent from school. head lice have a low contagion within classrooms and are mostly contracted outside the school. and this is a live look at austin texas, from our affiliate fox 7 there. the death of a flight nurse who fell out of a helicopter during a rescue kristin mclain. the ntsb is investigating. that's live from outside the beltway from "special report." we'll be right back.
tonight's supreme court justices are deciding what to do about same-sex marriage. they heard arguments today and we have rarely released same-day audio from them this evening. correspondent shannon bream has our story. >> reporter: as the justices jugged two key questions today, first, whether there's a constitutional right to same-sex marriage. while the same-sex couples who brought the case say they want the right opposite couples have long enjoyed, chief justice john roberts framed it differently. >> you are not seeking to join the institution. you are seeking to change what the institution is. >> reporter: a swing vote justice kennedy spoke about giving it away to nine elected judges. >> this definition has been with us for a millenia and it's very difficult for the court to say oh yeah we know better.
>> reporter: but others including steven briar, believe preventing the violation of the 14th amendment due process. >> don't let them participate in this space of institution, that that violates the 14th amendment. >> reporter: the justices also weighed in another question must states that do not prevent same-sex marriage give full recognition to those marriages if performed in other states where it is legal? 36 states in the district of columbia now permit same-sex marriage with alabama in legal limbo. but the decision was made by judges and in only 11 of them did a popular vote or legislative measure pass approving same-sex marriage. justice sonia sotomayor say states almost always recognize marriages performed elsewhere. >> people who are not permitted to be married in a lot of states go and do that and they come back to their home states and
the home states follow the rule of marriage celebration. >> reporter: chief justice roberts was not alone in expressing concern about forcing all states marriage defined by one that does endorse same-sex unions. >> in other words, it would kind of -- one state would basically set the policy for the entire nation. >> reporter: there is a question about whether ministers would be required to perform the same-sex marriages and as for justice kennedy, he seemed truly undecided. in addition to his earlier comments he talked about the dignity of same-sex couples and the children that they have brought into their families. we'll have a decision by lane june. bret? >> shannon, thank you. the state emergency management and operation center the governor is taking q & a from the reporters. >> helping neighbors and sweeping up the broken glass,
helping people board up their windows, clearing the trash out of the street and we tend to focus on all of the problems so we've got to fekocus on the violence but i have found people who love the city and their neighborhood and really angry about what happened last night. >> they were happy to see you? >> they were very happy to see us. they were happy to see us. as the general said they were happy to see the national guard and the state police. they were saying thank you for being here. people are concerned. they want us to restore law & order. restrained. there's been a pretty good in spite of the tension out there in the community, we've got a lot of people thanking us for being here and we didn't have any major incidents yet. >> do you have any idea how long the extra police and national guard will be necessary? >> we're going to keep them here as long as is necessary and we don't know at this point how long that's going to be. >> how would you judge that though? what has to happen so you can
finally say it's time to get things back to normal? >> you know i'm going to have to make that call myself and i guess i'll know it when i see it. we're going to get the best information to make that decision. >> governor, [ inaudible ]. >> it will give us an opportunity to clear the streets and if people are in violation of the curfew, if we feel it makes sense, we can start arresting people. >> governor do you think the mayor made a mistake by not asking you to deploy the national guard earlier? >> look you know i don't want to point fingers at anyone. i'm not here to place blame. i'm here to try to solve the problem. i don't want to second-guess the mayor's decisions. i know that she was trying this as best she could. this was a difficult situation. baltimore city police and fire were doing the best they could. and when she asked us for help we immediately responded. i know that it typically takes eight hours to mobilize the
guard. we did it in three because we were already ready and we were prepared. we set up this emergency operation center last saturday. we prepared the executive order last saturday. our team has been in constant communication and we set up our command center and we have been working all week and we have been in communication with the city all week. earlier yesterday i spoke to general sting and told her to be ready to get the guard activated and she got people keyed up and got people on the starting line and ready to act. when the mayor called i signed an executive order 30 seconds later and the guard was already on the way. >> you said that you started getting ready last saturday? >> well we opened up the emergency operations center here in preparation, in case there was violence that broke out. >> at the initial protests? >> yes. >> in light of that was there a point where you actually wanted to call in the guard? >> look you know i don't want
to get into what happened before. let's talk about what we're going to focus on in the future. right now we're going to try to keep baltimore safe and we're trying to work as best we can with the city and provide as much support as we can. anybody else? thank you so much for being here and let's all hope that tonight is a little safer night. thank you. >> maryland governor larry hogan there in the state operations center the emergency management center in maryland as you're looking at some more people marching in the streets so far. no incidents, as he reported there, the national guard in that area as well as baltimore police prepared for anything. coming up -- >> new reports tonight detailing how former president bill clinton and the clinton foundation accepted millions in speaking fees from organizations that lobbied the state department under hillary clinton's watch.
chief washington correspondent james rosen looks at the numbers tonight. >> reporter: it is a who's who of corporate america, a list provided by clinton foundation records and federal disclosure forms of nearly 200 companies, individuals and foreign governments that donated millions to the clinton foundation while lobbying hillary clinton's state department. fox reporter jonathan allen, co-author of mrs. clinton last year now writes the list gives a sense of how common it was for influence-seekers to give to the clinton foundation." adding "the clintons have shown they can't police themselves." aides to the presidential front-runner did not respond to a request for comment and at worst, it was incoherent. >> in january 2009 secretary -- then nominee hillary rodham clinton set forth a number of undertakings that addressed her financial interests, the speaking writing and consulting
of former president clinton and certain matters involving the william j. clinton foundation and initiative. and i think, you know as we've said those commitments went beyond many of the requirements. >> reporter: the clinton foundation ceo, a former aide to secretary clinton, acknowledged this week that the foundation failed to disclose foreign government donations for three of clinton's four years at state and is now refiling tax forms for them. that followed earlier disclosures from the new book "clinton cash" by peter schweizer. >> you've never had a situation where you've hadad a sitting senator and a secretary of state whose spouse is taking in tens of millions of dollars from foreign interests at the same time. >> reporter: former maryland governor martin owe mall low a. potential primary republican will return to baltimore. clinton, for her part used her twitter feed which nowadays
sports a new rainbow aimed at the support for same-sex marriage saying that she's praying for peace and answers in baltimore. it looks that clinton might have an announced challenger bret, as we're expecting an announcement from independent senator bernie sanders who caucuses with the democrats. it's expected that he will run. >> okay james. thank you. on the republican side, the field is spread out tonight both physically and financially. here's carl cameron. >> reporter: by extension nationwide jeb bush cast pro growth economic policy as the growing income gap. >> if you're born poor you're more likely to stay poor than any other time in history and if you're wealthy, you're more likely to stay wealthy as well and if you're in the middle you're going to be squeezed. >> reporter: he cast it as historically weak. >> this is the sixth year achbof an
economic recovery in our country. it's never happened that way. >> reporter: no money woes that bush's right to rise super pac and scott walker's team has been downplaying the issues in anticipation of a long campaign against a better-funded bush. a new poll in the bellweather swing state of virginia shows hillary clinton against jeb bush 48 to 46 within the survey's margin of error. >> each time we topple a secular dictator we wind up with chaos. >> reporter: ask how he'll avoid being anti-semitic and to be carefully scrutinized, paul
acknowledged a perception problem but polls indicate he's overcoming it. >> we don't see as much of a problem before people knew me but i think we've made great progress. >> reporter: new jersey chris christie was asked about his slip in the poll. >> there has been a steady decline in those numbers. >> relentlessly negative coverage from the media. so if you're going to have relentlessly negative coverage from the media, it's going to affect your poll numbers. >> jeb bush had tough treatment. not only has his fundraising shattered historical records, aides say it's accelerating. you can see protesters there marching in the streets and the police and national guardsmen are ready for whatever happens. unbelievable! toenail fungus? seriously? smash it with jublia!
jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. look at the footwork! most common side effects include ingrown toenail, application-site redness itching, swelling, burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. visit jubliarx.com for savings coupons. with the help of comfort keepers, i'm keeping my mom healthy! i'm keeping dad on schedule. i'm keeping my mom happy! comfort keepers in-home professional caregivers can provide meal planning and preparation, health and wellness services and personal care services through custom care plans that can change as needs change, so your aging loved ones can stay happy and healthy in their own home. ♪
good. very good. you see something moving off the shelves and your first thought is to investigate the company. you are type e*. yes, investment opportunities can be anywhere... or not. but you know the difference. e*trade's bar code scanner. shorten the distance between intuition and action. e*trade opportunity is everywhere.
this is a fox news alert. you're looking live at the streets of baltimore thick with tension at this hour. police supported by the national guard preparing for a possible repeat of last night's destructive violence. the governor has declared a state of emergency and vowed that violence and looting will not be tolerated. so far, there are no reports of physical confrontations as of course nightfall approaches. a different feeling perhaps tonight. we'll see correspondent leland
vitter is in baltimore with the crowd there. >> reporter: boy, what a difference 24 hours makes. these are protesters out, not rioters. that's the one thing that has really changed, not only in the sense of the numbers here police officers on the line and they are able to transfer folks out to be able to relieve the officers but it seems that they have a no nonsense approach just any type of violence and looting. very different than the scene that we saw right here where we were 24 hours ago, seeing the cvs burned and those types of things. that has not happened. calm has taken over despite the fact that there was no school today despite the kids who caused the problems yesterday didn't have school today. the big test of course comes at sundown, which is in about 90 minutes from baltimore. the curfew goes into effect
hours after that. the big question is going to be number one, will the troubles return and looting and lawlessness return and, second of all, will the riot police backed by the governor's orders make good on that promise? that lawlessness will not be allowed to exist on the streets here in baltimore. bret? >> leland thank you. we'll head back for any breaking details or news. there are concerns there tonight that not all of those causing trouble in baltimore are actually from there, of course. fox news has learned that between 20 and 50 social media accounts in use monday in baltimore are also tied to the peak period of violence in ferguson missouri during racial problems there. a leading data mining firm says this suggests that there are professional rioters, an nar kifts taking advantage of the situation.
overseas in nepal, officials are racing against the clock to find any more survivors from the devastating earthquake. nearly 5,000 people are now dead. relief crews from all over the world are trying to get help to the tens of thousands of others who are stranded homeless and hungry. it's a story we are monitoring. saudi arabia says it has arrested 93 people with ties to isis. many of whom are connected to multiple terrorist plots. one of those plots, a suicide car bombing of the u.s. embassy. the timing of that coincides with the decision of u.s. officials to halt all counselor services. >> in recent days we updated our travel warning and we've taken other steps in saudi arabia. i'm not drawing a connection to the arrests that were made but, of course security in saudi arabia and our warnings to
american citizens remain an important priority of ours. >> so not a lot of details. the interior ministry includes a cell of 65 people involved in a plan to target residential compounds, prisons and security offices. as western diplomats continue to negotiate with iran over its nuclear ambitions, the iranian navy is getting much more aggressive towards ships with american interests. some breaking news on that today. chief congressional correspondent mike emanuel has the late details. >> good evening. a response by the iranian navy which the pentagon calls provocative. they fired warning shots and then boarded a container ship at the marshall islands. the ship is being escorted towards an iranian port by patrol boats. the u.s. has fult authority and responsibility for the security
and defense of the marshall islands. the situation is being monitored very closely. it follows another incident last friday where four iranian patrol boats intercepted the u.s. flag container ship in the per initial gulf near the strait of hormuz and says the west is closer than ever to a nuclear deal. there is action on capitol hill. foreign relations chair bob corker and ben carden are handling the nate bill which passed the foreign relations committee 19-0. it would require the president to submit any final nuclear deal before being able to waive or suspend congressional sanctions. the stakes are high. >> this week we're going to debate what i think is the premier national security issue of our time t. >> democrats are anxious
amendments could shift the delegate bipartisan balance. >> i would hope that we have a way of going forward on this. this legislation is critically important to our country and to the world. and we need to do everything we can to preserve it and come out 19-0. >> on sunday u.s. navy central command issued a notice to mariners warning vessels in the gulf to be on the lookout for the iranian patrol boats and then a new incident today. bret? >> mike, thank you. are we headed to are a second straight night of violence and chaos in baltimore? it feels different from everything that we hear and see. but will it be? we'll talk about it all with the panel when we come back.
now? can i at least put my shoes on? if your bladder is calling the shots ... you may have a medical condition called overactive bladder ... ...or oab you've got to be kidding me. i've had enough! it's time to talk to the doctor. ask your doctor how myrbetriq may help treat... ...oab symptoms of urgency frequency, and leakage. which may mean fewer trips to the bathroom. myrbetriq (mirabegron) may increase your blood pressure. myrbetriq may increase your chances... ...of not being able to empty your bladder. tell your doctor right away if you have... ...trouble emptying your bladder or have a weak urine stream. myrbetriq may affect... ...or be affected by other medications... ...so tell your doctor about all the medicines you take.
before taking myrbetriq, tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold symptoms, urinary tract infection, and headache. take charge by talking to your doctor about your oab symptoms and myrbetriq. find out if you can get your first prescription at no cost by visiting myrbetriq.com
i want to remind everyone that we have a 10:00 curfew this evening and that is in effect until 5:00 tomorrow morning and we will be enforcing that curfew. >> the immediate need is to restore calm and peace to the city. make people feel safe. i think we're already on our way to getting that accomplished. there are no more fires burned there are no more looting going on. you see a tremendous presence on the streets now which we didn't see yesterday. >> as we look live there in baltimore and the protesters the marching continues but not the violence at least not yet. this on a day that president obama was welcoming the japanese prime minister in the rose garden for a press conference which clearly he was prepared for a question about baltimore because he had a 14-minute answer. this was part of that. >> the violence that happened yesterday distracted from the fact that you have seen multiple days of peaceful protests that
were focused on entirely legitimate concerns of these communities in baltimore led by clergy and community leaders and they were constructive and they were thoughtful. and frankly, didn't give them much attention. >> with that let's bring in our panel, steve hayes, senior writer a.b. stoddard and syndicated columnist charles krauthammer. a.b. what you're seeing tonight and what the president said. >> well i thought he was very good today. he obviously talked about what he sees as the long-range investments in communities like baltimore that are not going to come around overnight to deal with long-standing problems but he did point out that there were peaceful protests and what we saw last night was criminal behavior and that those criminals should be held accountable for that burning up
their own neighborhoods where people can no longer shop can no longer work can no longer earn a check, can no longer find diapers in grocery stores. i thought he was accident today. i do think, though that baltimore was unprepared for this in a very shocking way and i think president obama avoided talking about that. but after all we've been through just since august it didn't have to escalate to that level. there's something, i think, between sort of the riot gear and the military response in ferguson from the outset and what we saw last night where they were watching people loot and burn there has to be a middle of the road. >> steve? >> i think we got some clarity on what exactly happened. you heard the police commissioner in an interview or in a public availability just over an hour ago explain that they deliberately withheld the police asked them to step
because because, in his words, they didn't want to be going after kids high schoolers. that's what he said. that's how he characterized it. so you saw in governor hogan, i think, in effect in a tough spot. he hasn't been asked to send the maryland national guard. he hasn't been asked to. so if you are him, do you choose to send them over the objections of the mayor of baltimore? he tried to defend himself today and take the high road just a few minutes ago where he said look i don't want to criticize the mayor but we were ready. we've been prepared since monday. we had the guard on alert within three hours and deployed within four. >> mayor stephanie rawlings-blake came out and did not directly address this lag of forces on the ground. but she did say it was sad to see these communities, these african-american communities and business owners lose their
businesses essentially, and their storefronts. and here's what she said late this afternoon. >> last night was a very rough period for our city but today i think we saw a lot more of what baltimore is about. we saw people coming together to reclaim our city to, clean our city and to help heal our city. i think this can be our defining moment and not the darkest days that we saw yesterday. >> charles? >> you elect a mayor not to express sadness but to do something to prevent the events that cause sadness. and as steve points out, they deliberately held back the police for reasons that these were, what 15 16-year-old kids. if a 16-year-old kid is torching a cvs store, a drugstore, the police have to do something. they can't just say, well they
are underage or they are too young so i'm going to give them a pass. as for a long-term cause that president obama spoke about, we have heard this in numerable reports and we know what the problems are, there are essentially two problems. pat moynihan said the one rule of any society is to socialize its young male and it's the young males out there rioting yesterday and there are two issues in the inner cities. one is single parenthood and the other is the worst schools on earth. we had no idea how to solve that. if you can't improve the schools, give the kids a choice to go to better schools. the parents begged to have that opportunity that the student or the teachers unions won't allow it and thus the democrats won't. you want to do something, let them choose their school. >> the police did hold back and i guess because they were high
school students. but at least one mother did not and she has received a lot of praise on social media. >> what the [ bleep ] is wrong with you? you're out here doing this [ bleep ]! get the [ bleep ]! get over here now! did you hear what i say? get over here. >> they are not bleeped. their little audio missing there. that mother was chasing down that guy that was apparently part of -- >> can you imagine if you had a line of mothers like that standing in the street the way the cops were yesterday? that would have stopped it right there. >> last word? >> you know what freddie gray
died from a fightatal neck injury that happened during police custody. that was not the focus of the riots. we still have no answers and that's really important. this is what sparked this crisis. but that's really what needs to be answered. >> this is still going on. these are live pictures. anything that breaks we've devoted a lot of time to it but a lot of other things are happening. next up the supreme court hears arguments on same-sex marriage.
watching out for you in ways that banks and credit card companies alone just can't. plus it's backed by a $1 million service guarantee. look, no matter how careful you are, your information's already out there, on paper, on hard drives and online. but you can help protect yourself from identity theft. call now and try lifelock risk-free for 60 days. plus get this document shredder free -- a $29 value -- when you use promo code "act." or go to lifelock.com/act. try lifelock risk-free for 60 days and get this document shredder free -- a $29 value -- when you use promo code "act." call now! you are not seeking to join the institution. you are seeking to change what the institution is. this definition has been with us for my lynn i --
milinea. it's very difficult for the court to say oh well we know better. >> you don't let them participate in this basic institution that that violates the 14th amendment. >> people who are not permitted to be married in a lot of states go and do that and they come back to their home states and the home states follow the rule of marriage celebration. >> well, the arguments today. it's very rare that we get to hear same day audio from the u.s. supreme court. we did today in this big case about same sex marriage. we don't often try to divine how justices are going to come down based on their questions and their arguments, but it is clear that this court is guided. and the swing vote may be as it has been before justice anthony kennedy. as you look at new fox news polls on the issue of same sex marriage you can see favor legalizing same sex marriage 48%. oppose 44% and how that has
changed throughout the years back in 2003. much different scenario. we are back with the panel. steve, what did you take from that argument, the arguments and what you learned today? >> it is hazardous to try to come to conclusions based on the questions at oral arguments. i thought shannon bream's piece was fantastic. rightly focused on anthony kennedy and his use of the word dignity. we have seen him word in the past to describe gays, gay rights gay relationships and if you look back at his opinion in windsor talked about the humiliation of kids who are being raised by parents. he identifies, he has been a strong support are of gay rights on the court. but at the same time, kennedy has also been a strong proponent of state autonomy. in a sense what we could be looking at is this fight between two of the things that anthony kennedy has been the most outspoken about in the past decade. >> a.b.? >> yeah, i think he is a
swing vote and everyone is watching him. but i think roberts is potentially as well. i was surprised even justice breyer had a similar comment about his hesitance to redefine the institution of marriage to redefine marriage. they are all uncomfortable with this. this t. is not a question for this court whether or not gay marriage is a right or fair. it's a question of whether it's a constitutional right. and whether they are going to overturn the rights of states to ban it. and that's a higher flesh hold than is it okay with you because you feel like it's the right thing to do. and you really heard and everyone especially from kennedy today the reluctance. when he believes -- i think from what he said and what he wrote in windsor that the marriage is a function regulated by the state it is not about intimacy. it's not about love or bonds and it's viewed often for just the purpose of reproduction. so it's going to be very he interesting where this takes
us. 6-3 liberal a-4 conservative. >> it could go a lot of different ways. the other issue is whether states that do not permit same sex marriages have to recognize marriages performed in other states. that's another element to this obviously on a federal level. >> i think that's one is more likely to get a majority. but on the fundamental one is gay marriage a right i think it all hinges on kennedy and what side of the bed he gets out of. remember he wrote the deciding opinion in the decisions in 2013. overturning the defense of marriage act. meaning the federal government had to recognize a gay marriage in any state. and he offered two defenses of his position and they were somewhat contradictory. one was federalism, state rights. marriage under the authority of states or whatever a state decides washington has to recognize the other however, was equal
protection which implied that every gay marriage out equally protected that institution should enjoy heterosexual marriage right. if you say that, then you imply that denying a gay marriage is discrimination. that's a form of animus. he doesn't resolve that but everything in the opinions he offered two years ago indicates that he was ready to go all the way and declare protected by equal protection in which case he would overturn all the state laws there is one more thing if state licenses marriages if those ministers if it is constitutional then be required to conduct same sex marriages? >> right and then you go to the religious liberty argument. this is one area where i think conservatives are shifting their focus conceding that the gay marriage debate for all intents and purposes in the political realm is over. can they protect those religious liberties that, certainly i would argue that
the founders intended. >> that's it for the panel. we will follow all of this closely. stay tuned for a special message apparently from the vice president. (ray) i'd like to see her go back to her more you know social side. she literally started changing. it was shocking. she's much more aware. (jan) she loves the food. (ray) the difference has been incredible. she wants to learn things. (vo) purina pro plan bright mind promotes alertness and mental sharpness in dogs 7 and older. purina pro plan. nutrition that performs.
finally tonight, vice president biden spoke at the white house upscale summit he spoke about job creation for the middle class. using research to support his case. one late night host pointed out the vice president had a little trouble with the numbers. just 18 years ago -- well, now, let me say another -- mechanics 40,000, 40,700. i sat down with a group of 15 -- 15 vets they hired. i think it was 16, 17 years ago. i don't hold me to the exact number. well, no i won't go into it. >> we need a laugh every now and then. especially this week. thanks for inviolate us into your home tonight. that's it for this "special report." fair, balanced and unafraid.
sorry we haven't been able to do grapevine. did i post one on my blog. you can head there and check it out. some interesting stuff about a 2.2 billion-dollar loss now a success. here is greta. >> this is a fox news alert. baltimore erupting, tension is thick and everyone fear as very short fuse tonight. so far more than 240 arrests. more than 1440 cars set on fire. 15 building fires including a senior citizen center. 15 officers injured. one in critical condition fighting to live. national guard troops called in. on the ground. will tonight be any different. curfew ordered last night by baltimore's mayor reporters all over baltimore. right now we take you live to a press conference.