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tv   Happening Now  FOX News  December 5, 2016 10:00am-11:01am PST

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harris: there is some overtime. >> i'm ready. harris: going from the tv version of us to online. click on the "overtime" tab foxnews.com/outnumbered. we're going online. now "happening now." intentionally leaving his young son in a hot car to die will learn his punishment. >> we are covering all of the news. >> it is a death trap upon and house of horrors. >> at least 36 people are dead many of them teenagers after a warehouse goes up in flames. >> i want to find my brother. >> now the grim search for victims. >> western recruits are drawn to
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an war a l la wki's message. and vet ans arriving in hawaii as we mark 75 years since the japanese bombing. honoring the greatest generation. it's all "happening now". >> we have a lot of big news to get to and potentially breaking news on a high profile case in georgia. in the meantime the army corps of engineers rejects the pipeline. the decision is a victory for the standing souix tribe and supporters who objected part of the project for months.
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the pipeline running through four states, but a portion of it am be be rerouted. we are talking to one of the protestors that was on the scone. there was a deadly with the army corps of engineers and hoping to get the protestors out of the area because of tough conditions. >> the part about the pipeline so much was built before it came to a grinding halt and its detractors say it should not have been put where it is. supporters obviously think it is unfairplay by the federal government. >> it is a fasitating story and we'll wrap our heads around it. we have more from cannonball north dakota. >> the future of the pipeline
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depends on president-elect trum and not president obama. he's made it more difficult. the protesters and veterans are marching later this afternoon. you have a mix of local souix tribal member and see it as a native american rights issue and environmental activist that are capturing social media and moments with the water cannons and men and women on on horses facing the police. if you drive the story and donations for nine months. vetsa have arrived by bus to be human shields from the police later today. >> we are all doing the right thing. i think we are going to go down
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on the right side of history. >> reporter: see coming back live. this is whery we are. this is federal land right here. it is the pipeline and between me and the cannonball river, that's where the police are located. we'll go to pipeline video that is 1200 miles long and 92 percent complete. and the protest ares are trying to destroy the pipe line and drill to go underneath the missouri river. we'll show you the pipe is on the north side of the cannonball river and the standing rock souix on the south side. the souix claims that the federal government refused to cede. and it is a american news right. and we are on federal land and people are ordered off of the land. everyone here is a squatter and
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many say they are not leaving. until all of that is done they will not love here. it is just the beginning. >> reporter: donald trump favors the pipe line and he can reinstate the existing route and by executive order approve the pipeline and many say it could be a temporary reprieve. >> 32 degrees according to google. but in person, snowing and in the conditions there, it is rough. we'll go back to there if we have news that warrants that. we'll bring in billy mills. he has protested the pipeline and joining us on the phone. billy, we may have a tough connection. what is the feeling among the
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protestors today and give us a background of what brought you to cannonball. >> the movement is positive and i came simply for several reasons. when i want to give back and running strong with the american indian and one of our first encounters with the troibs was water. and we've drilled a number of water wells on the reservation. and had to cap them because of contamination because of the uranium run off in nebraska. and so we've experienced it 3 or 4 years before this. and maybe after the world knows that, it is an incredible journey and i have been up to the camp a couple of times now. they are excited but they know
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that it is not a final decision based upon a now president coming in to office. >> i would like to talk to you about that. we have had technical issues. and i mean, it is great to have you as a member of the protestors, but important to mention you are a gold medal winner for the u.s. olympics and you have started a great foundation. and reached out to communities to encourage running as well. do you see an opportunity for are compromise as william reported to us. more than 90 percent of the project has been built and what compromise potentially to exist. is there one? >> i would think that come canning together and moving forward and choreographing our journey. that is the future of humanity
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and america. and there is a definitely to it have compromise, but move forward together and basically it is part of the world now. and the only dawn part is the profit is all costs and we cautiously and forward together and collectively. and choreographed the future. and not only just for those of us in america but globally for the world. >> the army corps is giving camp canners today because of the weather and potential confrontations. there is strong opinions on both sides. and in the immediate. there is a concern for are the health and well-being of everyone out there. do you have a sense they will leave because of december 5th to clear out the camps and calm the
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energy? >> i am speaking for myself. i don't see thatt the indigenous people are america leaving. i think we are here for the long haul and peacefully. and i have experienced the incredible sacredness and prayers and communitying. and they will be here as hong aside possible. >> this is 553 mimion that own or control the natural resource urs of the world and they are are watching. >> pilly, we'll have a congressman from north dakota who has strong feelings on the opposite end of the spectrum. he said the project went through the proper review. and standing rock souix were ask
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the to participate and decided not to and he believes that the prowrekt needs to go on. >> i think what is >> it is the congressman that understood the discovery. i have talked to other people in the world about the discoveriy. and how basically, based on the doctorins and 1823. the supreme court chose the document of discovery as treatment for indigenous people. it was a gift to them from god and we don't own the land. treaties may be signed and broken and eventually executive order and statutes.
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and yet they built a incredible country. and many other parts of the world understand them. and we are coming from those early to the prints and we want to make what was determined on the doctor of diskremy, size we will want to make it all a this is the future. >> that is choreography that we are interested to in talking b. we appreciate your perspective. and as a story we'll closely watch. thank you for your time and we look forward to having you back. >> excellent, my pleasure, thank you very much. >> and iran throws down the
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gaunt lant to the united states. how they are sharing common ground on that issue, still ahead. for lower back pain sufferers the search for relief often leads... here, or here. today there's a new option. introducing drug-free aleve direct therapy. a tens device with high intensity power that uses technology once only available in doctors' offices. its wireless remote let's you control the intensity. and helps you get back to things like... this, or this. and back to being yourself. introducing new aleve direct therapy.
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>> back to the controversy over the north dakota pipeline. and congressman krammer is our guest. >> i know you listened to our report from william and part of the group protesting the pipe line. what is your reaction not only to the latest news about the pipeline being stopped but what you heard from billiy. >> i am very disappointed by the decision of the army court of energies. and the important thing to remember. this is a legally permitted pipeline. and i spent ten days. and this has followed all of the
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rules and it is received over 200 federal permits in other parts of the country and all that remain and crossing the river. >> it is a difficult story to follow with all of the permits. the area that the army corps of nrng was an area that had green light to be built on? >> they had had 408 permit from the corps of engineers. they desynded that permit and only other piece of paper is theiesment to do the land. that was sitting on the commander's desk in omaha for throw or four month and that's what it is all about. but i want to say what billy nelson and many of the trouble members are talking about are
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legitimate question and concern cans and prayerful and peaceful protest is coopted by people who have nothing to do with the sacred site or oil in the water. it is keeping oil in the ground. >> what is the solution here? >> well, you know, when you don't get convensus. someone has to make a . the law has been followed by the pipeline company. prospectively. there is room for a lot of consultation and more government to government if you will bridge building and discussion about things going forward after 4 billion spent and the pipeline is all but done it is a bad time to change the rules after the game is over. i think we get this behind and move forward and look at solutions. but as far as the pipeline.
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i don't know how you would do that. up the shore line and across a bridge and come back and that would be far more imposing on the federal lands than anything that they would be doing 90 or 150 feet below the river bed. >> the tribe said they are a sovereignty nation and this is not protecting our people in the way we want to protect them. we don't want a pipeline going underneath the water andy we are a sovereignty nation and we should be able to say no. and it is a deep argument. and goes back years and years and how do you get a modern solution. >> there are already a dozen petroleum poip lines in that spot and north all from the
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standing rock souix tribe. now is a funny time to change the rules of the game. sovereignty allowed to them by congress. that is how they govern themselves. they are not a state or foreign nation. they are sovereignty in terms of their own self gofferance. this pipeline is not going on the reservation. it is in a existing corridor where there is a high voltage transmission line and gas line. this was the least introwsive way to get it. >> the land that is involved. federal land and private land where the protest is happening and criss-crosses a lot of different boundaries and it is a complicated story and it is it important as we are looking ahead to what is it energy policy look like. on that quickly.
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you are meeting with president-elect trump. i am curious about the process in general. can he reverse the decision by the army kourps of engineers and it is green once again to it build this no matter the protest? >> he will look thorough at it. and that is an important response. all you have to say. this is up to the u.s. army corps of engineers and gives that to the army they will issue thatiesment i am certain. it is unusual for a president to impose himself on something technical and overnight the administration. by the way, a judge in the dc circuit appointed by barak obama. up held the legality of the pipeline. for billy knolls and other it
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ises this is up don't get to burn land and destroy farmer's living and harass children and burn equipment and slash tires to make that point. we have a judicial. i am not a cowing standing rock or billy of doing that. and consequently the tragedy is. their legitimate questions are diluted by the other argument that came in to play. >> obviously a lot of emotion on both sides. congressman, we look forward to having you back and when where the we is oekted. ndemocrats may not be in the mood to rush the confirmation
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process along. our political panel on why, that's coming up.
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>> senate democrats taking l own sweet time in confirming the cab be net pick and slowing down the first 100 days in office. and mr. trump tapped dr. ben carson to be be secretary of housing and urban development. this is how it is shaping up as of now. will they win senate confirmation or left to coltheir heels. we'll talk about p daily day 02.
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democrats do not hold the majority but can hold things up in the senate. is that their intention. >> they are signaling they will try to delay the conmirmation. and the trigger on the nuclear option. the republicans will have 51 votes to confirm. they can delay it andy we are likely to see that and because their toolses are limited in this case. they will have to pick their battles and not obstruct every nominee. and we are likely to see them with hold their fire with the nominees they find unacceptable. and ear up for block the nomination of ben carson and we
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have seen resistance to jeff sessions. and some are them for elane cha o, she will not likely see much push back. >> why is a senator like jeff sessions, why would he be in line for the democratic contention and perhaps even prevention. i don't want to say filibustering. they can't do that. >> they can't filibuster sessions and he will likely get through. they said he made a joke about the kkk and democrats blocked
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him. they can make it uncomfortable bring people to it make him look scombak suck up a lot of floor time. one of the worst things hurry reed did was nuclear option. and a lot of democrats are recreating that they can't fill butter these guys anymore. they have to find republican votes to come cross over. >> and democrats have themselves to blame for the difficulty they have it was the democrats who did that. and democrats are less likely to
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obstruct in a meaningful way. they have a handful who are facing tough election battles that it overwhelmingly favored donald trump. they know they support donald trump and his nom nos. and it will be partis an. and pursuing the delay tactics. it is fascinating how the clock turn and thingses change over time it. thank you. >> thank you, jon. >> speaking of clocks turning, we are waiting to learn the fate of a father found guilty of
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leaving his son in the hot car to die. we'll have the story. and the death toll riding in california in the warehouse fire. it is for people i didn't know. >> it is mind blowing.
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>> 36 people confirmed dead after a devastating warehouse fire in oakland, california. sadly, that number is expected to rise. the building known as the ghost ship was art studio and illegal living spaces despite not having residential permits. investigators investigated the building weeks before the fire. >> it was on the radar and the activity of the manager managing that facility was challenged. >> we have our former prosecutor and emiliy. you point out housing is expensive and no surprise they are living in a building they were not supposed to be living in. >> and a life study life style.
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it was a makeshift inn and under code warehouse and when they looked different to them as well. it is crim malnegligence. >> we just heard somebody talking about president the manager of this building. does the manager bear the responsibility for what happened there? >> the manager very well had could be among those bearing responsibility. there are levels of liability. starting with the building owner know about the living condition and code violations. was it an lord. were they there with will knowledge of the owner and who was the agent for the owner. and you had that person say it was on the radar for a long time. the city investigated throw weeks ago. what were they doing two years
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before that? >> and those who would sue always go for the dope pockets. >> most likely the city will be the deepest pockets. when the civil lawsuits start happening they may be sued and criminal liability on the part of the owner. a recent case came down. if a owner is grossly negligent and causes the death of a fire four. criminal charges enso. what if it was arson? what this was lit intentionally. is it responsibility of the city and building's owner. >> jana is right. no one is off of the hook. everyone upon is responsible for the deplorable conditions. and criminal negligence, part of that is a reckless behavior.
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a reasonable person that they should have known it would result in the bodily injury. and it didn't matter if you intended to or not. the operator was receiving funds dedicated to the improvement of the warehouse. they showed vast room for improvement. >> if it is an artist working space. they like to go to work at midnight and work on art all night long. i am just saying that an owner might not necessarily know that people were living there. >> there is a duty upon the owner that he or she should know upon. if you are inviting people to rent your space, you have a doubt to make sure it is up to code and safe. if somebody else was doing it on their behalf, that will change the game. you have a doubt to keep it safe
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and the enitty will be on the hook for this. >> it is an awful story. >> so avoidable. >> thank you. shake-up in italy. the prime minister of italy resigned after the voters voted no on what he supported. italy is europe's fourth largest economy. here at home. you can see game and bank stock and dow hitting another record high. we'll watch the market and where they go from here. >> he was killed in a u.s. drone strike five years ago. but al-awlaki is still inspiring terror attacks in the united states, including the blood shed
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in ohio state university. why are his propaganda videos still on youtube? that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you.
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>> new tensions with iran as it threatens retaliation as the senate votes to go with sanctions. iran said the regime has a right to respond to them. the u.s. energy secretary said the u.s. is abiding by it and surge issing oil production in iran since the deal took affect. >> and propaganda videos are still up on youtube of al-awlaki. it is five years since a drone strike took out al-awlaki. there are 11 incidents since 2009 that al-awlaki may have
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inspired. youtube said they are tracking down terrorist videos and they have policy ps about terrorist equipment. and removed them when flagged by users. we'll talk to this with judge napolitano. and last week at this time we had the ohio state attack. and one year anniversary of the san bernardino attack and alleged terrorist in new york planting bombs in the chelsea district and all in referencing al-awlaki. he is all over youtube. he is almost from the grave. a common thread in inspiring the people you just talked about. like flag burning they are protected speech and advocate
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violence and profoundly unamerica they are protected speech and from the government no one can be be prosecuted for playing or listening. but not youtube which is not the government. and so the first amendment said the government shall not interfere, but youtube can take them down in a flash because it didn't want this stuff prop ganted on the platform. >> should they? >> they exist in order to make a return on the investment of the share holders. if it they want any political idea aired no matter how harmful it may be they should keep it there. but if they want to cleanse the air waves. they can talk it down. >> they can make that opinion it
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is for the public good. >> you know what will happen. it will be like whacka mo. >> and that is not an argument not to just whack one. >> videos are is slammic theology do not violate the content policy. these videos are some of them seem simple. but they are gateway drugs to more serious videos. >> you are right. >> al-awlaki himself was a complex character. he was invited by secretary of defense rumsfeld to speak to senior military officers in the pentagon in the days immediately following 9/11. he was executed by president obamaousing a drone never indicted or asked to come back here. he was killed in a cafe in
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yemen. some of his stuff is violent and others is theological. and like you say, you have to listen between the lines. >> it is interesting, i am thinking about the letters released in court in the bin laden compound. they talk about western policys to prop themselves up. a western company in many ways, basing their business decisions is allowing a certain part of speech that could be western. >> you are right. and again, it is the company's decision. the first amendment keeps the government out of the business. >> but one final question about the government. american flag burning is not allowed when it poses a threat to public safety; is that correct? >> generally yes. the reason they were found invalid by the supreme court, they only prohibited burns flags
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or prohibited burns trash or leaves, prohibited all fires. then challenge of the statute would fail. >> would it be by the government. >> probably not. best thing for the government to do new head of the executive branch of the government who can be perare swaysive on the phone to call up youtube and say i have a deal for you. he might want to point out the first amendment does not restrain them. >> first of the years time to declutter. and perhaps youtube can tidy up. and judge, thank you, fascinating topic. >> franklin roosevelt called it a date that would live in infammo. 75 years after the attacks in pearl harbor. survivors are gathering in hawaii.
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more on that, next. for lower back pain sufferers, the search for relief often leads here. introducing drug-free aleve direct therapy. a high intensity tens device that uses technology once only in doctors' offices. for deep penetrating relief at the source. new aleve direct therapy.
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hello, a busy day at trump tower. we're going to speak with a guest about his stream there this morning. president elect trump getting heat for answering that call from taiwan. a south carolina cop accused of killing a man at a traffic stop. wait until you hear his case. >> it is hard for me to comprehend that i ham here.
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>> everybody is so good to us. it is unbelievable really. i don't have the words to say that i want to say, but it is just great. world war ii veterans just took flight and prepare to mark 75 i years to the day. hundreds greeted these heros. this comes as they get a major announcement from the prime minister of japan who said he will visit pearl harbor with president obama next month. it coming after president obama was the first president to visit the hiroshima memorial. waiting for justice for a toddler after his father
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intentionally left him in a hot car. the sentencing of justin ross harris getting under way in georgia. he now faces life in prison. jonathan is live from atlanta with the latest. >> the story is unfolding as we speak. he enter the courtroom just minutes ago, the hearing under way as the judge hears evidence from, well, she hoped the two sides, but the defense, ross harris's attorneys indicated they did not want to present any mitigating evidence as she considers the sentence against him. she is now hearing from the prosecution and she spoke to him personally and asked him if he was aware of his right to present mitigating evidence to call on witnesses that would defend him. he said he was aware of but he,
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present any of that evidence. it appear it's will depend on the seriousness of the charges. he was convicted on multiple charges of murder and cruelty to childr children. he left the toddler in a hot suv when he went to work in june 2013 high pressue researched ho deaths before it happened, and he was exchanging texts with an underage girl at the time. they say he wanted to pursue extramarital affairs, something you're hearing them echo saying that harris was driven by selfishness, but even after his
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conviction, defense lawyers continue to insist that he loved his son and simply forgot that he left him in the vehicle. and now judge mary staley clark is about to decide his fate. >> thank you. a new kind of grocery store we would all like to try. amazon testing one with no checkout lines and no waiting. when you have type 2 diabetes, there's a moment of truth. and now with victoza® a better moment of proof. victoza lowers my a1c and blood sugar better than the leading branded pill, which didn't get me to my goal. victoza® works with your body to lower blood sugar in three ways:
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time for our final 30. >> amazon testing a system where shoppers scan the app at the store's entrance. and they charge them to the app, then shoppers are not charged if they put items back on the shelf. it is open for the company's employees. amazon planning to open it -- >> how does it weigh the grapes? >> i think produce is difficult. you need to be there to check it out to know what apple your picking. >> maybe they figured that out. they figured out everything else. >> thank you for joining us,
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everybody. have a great day. president-elect donald trump kicking off the week with another cabinet pick announcing formal rival dr. ben carson as his choice for secretary of housing and urban development. here is a look at mr. trump's cabinet so far. the president-elect now expanded the search for the next secretary of state. expanded it. we're also awaiting appointments for secretaries of homeland security. labor, agriculture, interior just to name a few. peter, any big surprises on mr. trump's agenda today? there is always a big surprise on his agenda. >> there was a big surprise when al gore went into the lobby. we were told initially he would go talk to

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