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tv   Special Report With Bret Baier  FOX News  December 10, 2016 1:00am-2:01am PST

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america's mayor won't be america's top diplomat. rudy giuliani says he is out the running for secretary of state or anything else in the donald trump administration. this is "special report." good evening. welcome to washington. i'm bret baier. six weeks from now, donald trump will take the oath of office as will become the 45th president of the united states. tonight, he is continuing to narrow the prospects for the remaining positions on his team. late today, we learned one person who will not be in the trump administration in any capacity. former new york mayor rudy giuliani says he has taken his
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name out of consideration for any position, including the one he wanted, secretary of state. the news break says the president-elect takes his show on the road saying thank you. in this case, stumping for votes again to a big crowd in louisiana, which votes for senate run-off tomorrow. right now he is headed to michigan for another thank you stop tonight. peter doocy is already in grand rapids. >> reporter: good evening. former new york city mayor rudy giuliani is one of mr. donald trump's most trusted confidants. he will not have a position in a trump white house. he has asked for his name to be withdrawn from consideration for any position in the administration. this evening, mr. giuliani said this. it's not about me. it's about what's best for the country and the new administration. >> becoming kind of very confusing and very difficult for
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the president-elect and my desire to be in the cabinet was great, but it wasn't that great. and he had a lot of terrific candidates. and i thought i could play a better role being on the outside. >> reporter: reince priebus said giuliani was vetted for possible conflicts of interest but he passed with flying colors. that's the big story tonight. a few hours ago the president-elect was down in louisiana holding a get out of vote event for the u.s. senate republican candidate john kennedy who faces a run-off there tomorrow. the remarks from the president-elect sounded a lot like something you would hear at a campaign rally but with a big difference. >> i don't need your vote anymore. but i'm telling you, i'm very good at that. i don't need your vote. can you maimagine that? in four years i will need your vote. >> reporter: he met in manhattan
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with paul ryan. >> we had a great meeting to talk about our transition. we're excited about getting to work and hitting the ground running. >> reporter: in d.c., the fourth ranking member of the house is hopeful she will soon get the nod as interior secretary. if that happens, the race to replace her as chair of the house gop conference is expected to be very competitive. as is the secretary of state sweepstakes. a source close to trump tells jennifer griffin that rex tillerson is rising. the president-elect likes that he has done business in over 50 countries, including trouble spots like russia and yemen. he is expected to meet with mr. trump soon. mitt romney's stock is sliding. his primary criticism is re-visited. petraeus is liked by the president-elect. there's concern there's enough generals in the cabinet, something the president-elect is
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not concerned about, having too many billion irs aaires and multimillionaires in his administration. he chose gary cohn to be national economic director, a day after he explained his thinking like this. >> one newspaper criticized me. why can't they have people of modest means? because i want people that made a fortune, because now they are negotiating with you. okay? >> reporter: new disclosure documents reveal mr. trump spent a fortune to become president-elect trump. $66 million. a lot of dough but less than the $100 million he suggested. $12.5 million of the campaign spending went to companies mr. trump owns. he stands to make more of it back as executive producer of nbc's "celebrity apprentice," a title he will keep after being sworn in. the show is all about business as a competition. in real life, mr. trump is pledging to level the playing field so the us can compete with
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china. >> we negotiate our trade deal, stop product dumping and the currency manipulation which is a disaster for our country. every time we get going, china and others, they just knock the hell out of the value of the currency. it doesn't work. >> reporter: a few hours ago there was a long line out into the snow here in grand rapids to get into this arena that's normally home to the nba d-league team that plays here. we expect the president-elect on the ground within the next hour or so to say thank you and to introduce them to the newest member of his team, michigan's own next education secretary if the senate confirms her, betsy devos. >> thank you. more on the transition with the panel. president obama ordered u.s. intelligence agencies to conduct a full review of cyberattacks and foreign intervention in or
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around november's election. he wants a report on his desk before he leaves. we have fox team coverage of the investigation into election-related hacking. kevin cork is at the white house. with the president's push for some answers, and what spurred this decision. but first, catherine herridge on a controversial effort to try to give the federal government more say in voting security. good evening. >> reporter: tonight a u.s. government official said the designation is under consideration. no announcement is imminent. new controversy unfolds over a mysterious hacking attack on a state election system. as the campaign entered its final phase, the homeland security department offered resources to secure voting machines and voter registration databases. georgia's secretary of state was among a small group who declined the help. >> i was criticized quite a bit about that. but what they were offering was really out of the box corporate solutions that some states needed. we did not because we were
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already using our own solution. >> reporter: on election day, the homeland security department did not report unusual cyber activity. according to this letter to homeland security secretary jeh johnson, there was an attempted breech of a georgia secretary of state network linked to a computer with the homeland security address. he writes, at no time has my office agreed to or permitted homeland security to conduct penetration testing or security scans of our network. >> could be a bad actor in the administration. it could be something else. i'm keeping an open mind to that. i'm very confident it was a department of homeland security address. >> reporter: the incident cops as the administration considers whether the electoral process should be deemed critical and given the same protections as the power grid and financial markets. pressed on the issue, the white house counterterrorism adviser seemed to choose her words
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carefully. >> i think there will be continued engagement with state and local officials to make clear that dubbing it critical infrastructure is not in any way an effort to intrude upon or get in between the state control of those systems. >> i think the states are better suited to react more quickly to these type of things. i think we do have the ability to do that. it's our duty to do that under the constitution. >> reporter: cyber security experts say the critical infrastructure designation is misunderstood. >> designating it critical infrastructure does not put the federal government in command of the voting. >> reporter: late today, a homeland security official said investigators have concluded the department did not scan the georgia secretary state of state's network in mid november and a theory is that it may have been a false positive. >> thank you. now to the relatively last minute directive from president obama to find out just how much russia or other foreign
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governments interfered with or tried to interfere in the november election. kevin cork picks up the story from the white house tonight. >> reporter: a full review. that's what president obama is ordering u.s. intelligence agencies to conduct into hacking activity aimed at meddling in the 2016 election. >> it is to capture lessons learned and to report to stakeholders to include the congress. >> reporter: intelligence officials will deliver a report to the president and then that will be sent on to members of congress before he leaves office next month. a review that white house officials say will enable them to take stock of defensive capabilities and reduce future threats. >> we are committed to ensuring the integrity of our elections. this report will dig into the pattern of cyber activity tied to our election. >> reporter: wikileaks release of e-mails from the dnc and the hillary clinton campaign plagued the former secretary of state throughout the election cycle. a conscious effort by a nation state to attempt to achieve a
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specific affect said michael rogers in november. lindsey graham said, it's clear to me that wikileaks was designed to hurt clinton. it could be us tomorrow. the obama administration has accused russia of conducting many of the hacks that surfaced during the run-up to the election. denied there was impact object actual vote outcome. asked about it at the summer, the president said it didn't come up in conversation with putin. >> i had made very clear to him our concerns around cyberattacks generally. as well as specific concerns we had surrounding the dnc. >> reporter: experts believe it has let to do with questioning the outcome of the election or partisan politics than it does preventing a similar attack down the line.
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>> what's unusual is the scyber feature, to hack e-mails, dump large amounts of documents. that's having an influence. we want to make sure we are addressing that. >> reporter: there are some who say, listen, this is coming after a democratic loss in the general election. not after the victory in 2008 and 2012. that's why some say this is all about partisanship. white house officials insist the person who stands to benefit is donald trump himself. >> more on this with the panel. kevin cork live on the north lawn. a decorated army soldier who fought for the country overseas may be in serious trouble tonight over something he said to fox news. senior army officials are asking once again, is the former green beret a hero who should be praised for protecting his troops in the field or a cold blooded murderer who should be tried? jennifer griffin has the story. >> reporter: the u.s. army has reopened a criminal
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investigation into a once de decorated green beret but admitted to killing an afghan who had been under his control during an interview with fox news's bret baier in october. >> did you kill the taliban bomb maker? >> yes. >> former major matthew goldstein was a special forces soldier attached to a unit that took heavy fighting in february 2010. he later acknowledged during a polygraph when applying for a job at the cia that he had killed an alleged taliban member who they suspected of planting a bomb that killed two marines. >> he willingly offered up these details. >> right. >> at the cia. >> that's correct. >> that's where it all started? >> pretty much. >> reporter: he told the cia he killed the afghan off base,
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placed his body into a pit and burned it. reached by phone told, he told fox news, quote, i made a lawful engagement of a known enemy combatant on the battlefield. he says the rules of engagement were so strict at the time that they were only allowed to detain and process afghans for drug crimes. he says following the suspected afghan bomb maker's release, he tracked him down and killed him. he said he believed that letting go of the insurgent meant the man could later target afghans who were helping u.s. troops. >> you could construe it as a law enforcement mind set. there's limits how long you can hold guys. >> we would pull guys out. clearly, these are enemy combatants, bad dudes. we wouldn't have any place to hold them. eventually, we would let them back. they would cause terror to the community again. >> reporter: a senior u.s. defense person said they have reopened the investigation based on new evidence that includes the green beret's public
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statements. the dinspector general is investigating the original handling of the case which found not enough evidence to prosecute after a six day hearing. duncan hunter, a former marine who served in iraq, has championed the case. he wrote the following letter to army chief general mark milli and army secretary eric fanning. goldstein is a true warrior. why the army is bent on destroying a hero's career is astoni astonishing. i'm confident they have more important things to do than investigate him again. you both have the ability to fix this. >> what is it like going from war hero to accused war criminal? are you angry? >> no. it has been incredibly painful. and very difficult over the last year -- years, everyone who served with me stood by me.
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and so it's over. >> reporter: he told me on the phone tonight that the person he killed was fwlot a detainee at the time that he killed him but had been under his control and was then released. he said he hashed all of this out a year and a half ago and the army found no evidence of murder. senior defense officials think this may constitute a war crime. >> why do you think the army is reopening this case now? >> reporter: their hands were tied once he admitted on air that he had killed this afghan. i have seen the notes from the original army investigation which were obtained by fox news. i'm told that nowhere in any laws of war is it okay to kill a detainee and burn his body. the army did not have witnesses or proof before. now they say they have goldstein in his own words. >> he will follow this story. thank you. one of europe's most liberal leaders appears to be reversing
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course on what could be her biggest political liability. angela merkel is drawing a line in the political sand over one of islam's most fundamental elements. >> reporter: angela merkel seen as a liberal icon for letting a million immigrants come into her country last year coming down hard this week against muslim women wearing full faced va ed . >> translator: we do not want any parallel societies. we have to tackle them. a loss of priority over honor codes, tribal and family roles. >> reporter: it's a buzz word for politicians in france and elsewhere. conjuring up an image of tough law and order systems. >> it's captured in the popular imagination. people are afraid that if people come to their country that they
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won't integrate. that they will try to -- >> reporter: in the uk, there's there are 30 councils usually linked to mosques known of and allowed by the government. >> how you might live your everyday life. >> reporter: in fact, some of the harshest criticism of sharia law comes from the women. they say it's discriminatory. they presented their results to theresa may next year. a poll in france found that 30% of muslims -- 46% of muslim yung considered sharia law more important than french law. food for thought. >> thank you. south korea's first woman
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president was impeached today. she was stripped of all her powers after the vote. she is accused of allowing a corrupt adviser to have influence and power over her and her office. it's now up to the nation's constitutional court to permanently remove park from office or restore her presidency. up next, the latest minute up to the minute dealings in the senate to avoid a government shutdown, a debate over funding government continues at this house. a live update from capitol hill. shefox carolina in greenvil where prosecutors in the trial of the charleston church shooter played his recorded confession for the jury. dill dylann roof is accused of gunning down nine black parishioners. he faces the death penalty if convicted. in miami as governor rick scott lifts the zika sdwozone on the affected area of the city.
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florida is now completely free of any acknowledged zika transmission zones. this is a live look at detroit from fox 2. the big story there tonight, michigan's governor signs legislation allowing self-driving cars on the state's public roads without a driver or a steering wheel. it leaves much to the discretion of the automakers and companies such as google and uber. would you get in one of those cars now? that's tonight's live look outside the beltway from "special report." we'll be right back. generosity is its own form of power.
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you can handle being a mom for half an hour. i'm in all the way. is that understood? i don't know what she's up to, but it's not good. can't the world be my noodles and butter? get your mind out of the gutter. mornings are for coffee and contemplation. that was a really profound observation. you got a mean case of the detox blues. don't start a war you know you're going to lose. finally you can now find all of netflix in the same place as all your other entertainment. on xfinity x1. senators are trying to avoid a government shutdown at this hour. they are coming down to the wire.
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one thing that often forces movement in these standoffs, senators are anxious to begin their holiday break. at this hour, they are still considering a house plan to keep the government funded past tonight's midnight deadline but not everyone is on the same page. that could mean a long weekend. we will get an update now from mike emanuel who is following the details. good evening. >> reporter: good evening. it feels like we are heading toward this being resolved after spending much of the day thinking we were looking at a shutdown. this would fund the government through april 28. it passed the house 326 to 96. 118 democrats supported it. it contains money to fight terrorism, provide natural disaster relief and to deal with contaminated drinking water and coal miner health benefits. but some want a one-year extension of the benefits and have been leading the charge in holding up the continuing
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resolution. >> our intention was never, never to shut this place down. it was to get the extension to make the necessary corrections. that's what we have been work g ing for. >> they left town after passing the funding measure. they say the idea of modifying the bill is out. the senate majority leader said he would like a longer deal for the miners but it's not worth shutting down the government. >> my intention the health benefits not expire at the end of april next year. i'm going to work with my colleagues to prevent that. but this is a good time to take yes for an answer. >> reporter: mark warner said, they are not shutting down the government over this issue. >> mike emanuel, thank you. philadelphia's medical examiner said heroin overdoses
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have killed as many as 35 people over past five days. investigators are not sure whether the heroin is more potent than normal or is being mixed with powerful painkillers. yesterday the cdc reported heroin deaths surpassed gun homicides last year for the first time. just in time for the christmas shopping season, the city attorney in los angeles is going after some of america's favorite stores for allegedly lying to you about what's on sale. jonathan hunt has more from l.a. >> when is a discount not really a discount? >> reporter: that is the crux of the matter according to the l.a. city attorney and he accuses four of the nation's largest retailers, jcpenney, sears, m y macy's and kohl's. he says kr jcpenney offered
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something for one price and saying it was originally higher. the problem, the lawsuit claims those items were never sold at the higher price. >> it means misrepresenting the original or regular price of an item. then offering it at a purported discount or sale. to induce customers to purchase the item because it appears falsely to be a bargain. >> reporter: it's according to consumer experts an all too common practice that shoppers need to be wary of. >> the incident of these sorts of things legally is really not very rare. unfortunately, retailers as with other companies have sometimes poor internal control and procedures. >> reporter: the retailers named in the lawsuit refuse to comment. this is not the first time some of the retailers have faced legal action over sale pricing.
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just last year, jcpenney and kohl's settled a class action lawsuit for $50 million and $6.15 million respectively. experts say this is in part at least a result of the ongoing struggle for traditional brick and mortar retailers like macy's to attract customers in the face of growing online competition. >> thank you. the transportation department is trying to push automakers to speed up the process of replacing millions of defective airbag inflaters. 69 million vehicles are affected. over 12.5 million inflaters have been replaced. recalls are being phased in through the end of 2019. 11 people have been killed so far by the takata inflaters inside the u.s. the dow closed at a record high for the fifth straight day today after gaining 142. the s&p was up 13. the nasdaq finished ahead 27.
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the dow and s&p shop up 3 percentage points for the week. the nasdaq gained 3.5. tonight our series on the first 100 days of the donald trump administration looks at one of the president-elect's most unconventional and memorable promises to drain the swamp here in washington. >> reporter: if there's a poster child for washington's revolving door, it might be former congressman billy towsen of louisiana, a 12 term democrat turned republican. he chaired the house commerce committee from 2001 to 2004 and pushed the medicare bill of 2003 through congress. it may have made drugs cheaper for senior citizens. >> seniors will see lower drug expenses in this bill estimates in many cases by as much as 50% to 70%. >> reporter: it ended up costing
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taxpayers $549 over nine years and made profits for the drug companies. the bill passed in the wee hours of the night. he left congress to become the chief lobbyist for the pharmaceutical research and manufacturers of america. a trip through the revolving door that provoked a vow to end it. >> the chairman who pushed it through went to work for the pharmaceutical industry making $2 million a year. >> reporter: he denied our request for an interview. but has defended his move. he said he was diagnosed with intestinal cancer after leaving cancer and credited cutting edge pharmaceuticals for his survival. i wanted to work in an industry whose mission is no less than saving and enhancing lives. his passage through the revolving door is hardly unique. >> many of the top staffers who helped write the affordable care act then became health care lobbyists. you saw this from staffers from the house and the senate side
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where they went ahead and the drug companies lobbied -- hired them. the insurance company lobby hired them. >> reporter: it's not illegal. some believe it's not unethical. paul miller says the public benefits from the revolving door. >> the government is run a different way. you have to understand how it operates. you need people like myself to be here every day looking out for your interests. if you are not, somebody else will and you will lose out. >> reporter: he says previous attempts to shut the revolving door have backfired. he cites a ban on lobbyists paying for a congressman's meal. lobbyists found new ways to buy time and influence. >> i can call your boss and say, i want to have a one on one for an hour over a meal, talk about my issue, settle up with the check and then push that envelope across the table and say here is your campaign check. tell me what looks more corrupting. >> reporter: it's insidious, not only enriching those who pass through but raising the cost of
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government. >> fewer and fewer companies are involved in the defense business because the pentagon does play favorites. smaller, newer, more agile companies have trouble getting into the process itself. when the pentagon has $469 billion in cost overruns from its major defense of course decision portfolio, then something really needs to be done. >> we're going to drain the swamp of corruption. >> reporter: three key components of trump's plan include a five-year ban on white house and congressional officials lobbying after they leave government. a lifetime ban on white house officials lobbying or bow half of foreign governments. it may be easier said than done. of the thousands of influence peddlers in washington, one is only a registered lobbiest if 20% or more of one time is spend
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lobbying. nobody measures that. it's on the honor system. >> that's where the gray line becomes, you have people in the public policy arena or the pr arrear na who say i do some -- maybe some lobbying but most is pr and that's not lobbying. i don't have to register. it's people skirting the system. >> reporter: it's that skirting of the system that allowed the obama administration to hire people who did lobbying work after it vowed it would not. the same test awaits the trump administration here in the swamp, which operates by a maze of rules so complex it often takes a swamp dweller to navigate through it all. >> thank you. monday our sixth installment in our 15-part series turns to foreign policy. the promise changes to international trade deals. if you missed any of the reports this week, you can check them all out on foxnews.com/specialreport. we are getting breaking news now. according to two sources with the rnc with direct knowledge
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that mcdaniel is expected to be the selection for chair woman of the rnc. she's the niece of the former gop nominee mitt romney. she's also the head of the gop in michigan. we take a live look at grand rapids, michigan, where donald trump will be at the top of the hour for another thank you stop in his tour. the head of the michigan republican party is expected to be the head of the national republican party according to two sources out of the rnc. rudy giuliani says he is out of the running for any job in the trump administration, including one he wanted, secretary of state. we will talk about this with the panel after a quick break.
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down to the last two, three,
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four. so it makes sense to just get out of the way. honestly, the other positions i didn't have an interest in. >> is it fair to say that the only one that you wanted, if there -- the one to consider would be secretary of state? >> that is fair. that's absolutely fair. and i indicated privately and publically. >> we have another great person going to be -- a lot of people but in terms of what we're talking about next week, somebody you will have tremendous respect for also. >> there you hear former new york mayor rudy giuliani pulling himself out of consideration at all for anything inside the trump administration. that happening today putting out a release. this as the hunt for secretary of state nominee continues. the people who are leading in this race seems to have shifted, at least from what we are hearing. former ford ceo, exxon mobile's
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ceo, senator bob corker, mitt romney whose niece is now the rnc -- the head of the rnc according to the trump sources. john bolton and john huntsman and general petraeus. michael needham, jonathan swan, nina easton and charles krauthammer. surprised about giuliani? >> i think he would have been a strong candidate. this is a little with strong candidates on it. you have people with foreign policy experience. general petraeus on the list. rudy wanted it. he was part of a pretty thorough process. i think president-elect trump has seen 90 people go through trump tower. rudy decided it wasn't right for him. >> we are hearing -- we don't know this. giuliani wouldn't confirm it. he was offered other positions like dhs and others. he said they talked about other
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positions today in an interview with neil. but he wanted state. it wasn't looking like he was heading that way. >> the way it was put to me by someone in trump's inner circle is if he wanted dhs, he could have gone it. he made it clear that the only thing he wanted was secretary of state. he put himself in a tough bind. he was telling everyone immediately -- i was getting phone calls from people saying i spoke to rudy and he said the only thing he wants is secretary of state. the fact that he made it so public actually probably did him more harm than good. >> all of this talk about generals inside the nominees here -- first of all, you have the nsa, general mike flynn, retired general, you have general kelly, dhs, general mattis at the pentagon. considering general david petraeus at state, you know, president obama -- president-elect obama had a number of military officials,
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too, jim jones -- >> right. to be honest, we don't know what's going on inside. it's clear that on the secretary of state is a plum position. it's an incredibly important position. it sends a signal to the world about the administration. i think clearly the president-elect is taking his time. we are hearing some words that being a general may be hurtful to petraeus in addition to other issues that he may be facing. we don't know for sure. it's an interesting list. rex tillerson is somebody who has -- will view things from an economic perspective, especially an oil perspective looking at russia and china and the middle east. you have mitt romney and john huntsman. i'm not sure if huntsman is still on the very, very short list. we don't know. the word i hear is that early next week we are going to know something more clear. >> you have mcmorris rogers for
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interior secretary. she's in leadership in the house. also gary kohn for head of national economic council. tied to goldman sachs. this is not something this president-elect is very concerned about it seems. any tie to wall street, he has a number of people that are. >> well, there isn't a lot of consistency between the campaign rhetoric and the appointments. goldman sachs was a whipping boy for bernie sanders, for donald trump and for lots of folks as a symbol of wall street corruption, greed, overbaearing influence. they get two major appntments in the new administration. i don't think trump cares about that. i'm not sure he needs to. people are going to judge him by how he does, not by how consistent what he does now is
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with the rhetoric in the campaign. he has jettison a lot of stuff from the campaign. some of it, it's a good thing he jettison. this is all going to depend who he feels the most comfortable with and who are the best of people. >> this investigation, the president has launched telling intelligence agencies that he wants a report before he leaves on possible hacking or interference by foreign governments, including russia, into the election. what about this move? >> first off, let's be clear in something that has gotten lost. donald trump won the election because he did a better job of connecting with americans on their economic anxiety, on the corruption of washington, d.c., on pride in being part of a great nation, not citizens of the world but citizens of america. within that context, it makes all the sense in the world for us to do thorough investigations into critical infrastructure, into the energy infrastructure and the security of our elections. there's no problem with doing a thorough investigation into that in the context of this white
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hours has already said that there is no doubt that foreign involvement did not play any role in the caught come of this election. this was an election that donald trump won. this wasn't an election decided on anything else. >> interesting that it's going to come up pretty quick. >> yes. this is something -- we're not talking about the outcome of this election. we're talking about a national -- an outside power working against democracy, not only in the united states but also in europe we're seeing the -- russia is funding the rightist candidate who could be president of france. we're also seeing russia very much involved in central european countries, having a big investment, a big financial imprint and using that to clamp down on free media and democracy in those nations as well. a broader, more important issue that -- i think both sides need to look at. it's a bipartisan issue. >> yeah. let's say the report comes back and they find out russia did
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hack and did try to interfere with the actual vote. what happens? this president is coming to the end of a term. the next president has a very different view of russia and what potentially the relationship will be with putin. does this president act in some retaliation? >> i think what you do is you look at what you do going forward. it becomes part of the whole cyber security concern that we need to have. we need to have about our infrastructure and the president-elect talked about this. we need cyber security concern about the infrastructure and about our electoral system. you need to know what happened in the past few months so we can move forward and take action to protect ourselves. >> either way, we're probably looking at congressional hearings. >> i think so. there's been a little bit of support. lindsey graham has said we should look into this. it will be interesting to see what retaliation, if any, the trump administration takes. as you say, he is more sympathetic to vladimir putin. >> on that very issue back to the secretary of state, you have
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rex tillerson, ceo of exxon mobile who has a chummy relationship with vladimir putin. and mitt romney who clearly has a different view geo politically of russia. they're both finalists, we're told, for this position. >> who he chooses will be the first signal about how pro-russian the trump administration will be. >> next up, the friday lightning round.
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>> did you kill the bomb maker? >> yes. >> you offered up these details, right, at the cia, right? >> that's correct. i never begrudged investigators for doing an investigation if they are concerned about my judgment or my behavior. then i would expect they would look into it. >> the u.s. army has re-opened a criminal investigation into once decorated green beret, you saw him, who did an interview with us for our military hour. he said he didn't have any problem with the questions asked. he was expecting to be asked what happened in the field. it was what he told the cia before. because of what he said on tv, the army has re-opened this investigation. what about this? we're back with our panel. >> well, it's pretty outrageous that he was investigated for --
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it's fine he was investigated. but this is somebody making real time decisions in the heat of war to protect his troops against this bomb maker. he comn air to talk about the concerns that people should have about micromanaging decisions that have to be made by and he was a war hero. heroes like himself in the field. and to reopen that as a leader already his medal has been taken away. now they are going to reopen the investigation to further make his life difficult. >> charles? >> look, the fault here ultimately lies at the foot of an administration that puts these people in to combat. you capture people that you know are killing your fellow soldiers and innocent afghans. and then because this administration has decided against holding or interrogating these people you are required to let them go which is insane. you're in the middle of a battle. you know they are going to
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go out and kill your colleagues again. i completely understand why our guy did this. why goldstein did this. unfortunately, you cannot have procedures that allow the killing of somebody who was in your custody who was then released and it's not the heat of battle. if it were the heat of battle, it wouldn't be an issue. and i think, you know, i think it's outrageous that they should twice try him or investigate him. this really ought to be an issue, you have to restart interrogation. otherwise, you're fighting a war of futility and you are exposing our people needlessly to danger from people who are released. you can't have the revolving door. >> michael? >> that's exactly right. it's even worse. when you actually look at what the options he had were. we couldn't detain him. he couldn't have given him over to the afghani criminal justice system which has absolutely no be a tight and no track record of doing anything with bomb makers. so this was a war hero who
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was put in an impossible situation by our government and as charles just said, the ultimate capability lies with our government who is putting american war heros into situations where they have no options and forced to figure out what to do. >> just to be clear. this all came up because he was interviewerring for a position at the cia and that's when the first investigation was launched. the army is saying they had no choice once he said what he said they had to reopen the investigation. >> the thing that baffles me and i'm not a lawyer and involved in military proceedings here. he said nothing new to you on television than he had already said in initial interviews. i don't understand why this poor guy has had to go through two rounds of this. make a decision on the first rwanda. did you i don't get this piece churning it up again. >> angela merkel dealing with a islamic vale ban. they are facing a a lot in
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europe and she is making a stand here. >> she is pandering. it's not helpful. it further radicalize islamists in her country the same way in france they banned the vale and they have had radical problem there. no that it's the only reason but it doesn't help. here in the united states we have a first amendment that let's people wear what they want and we have much more integrated muslim community. >> i'm not sure what pandering is the right term. she is covering up a political and security problem that she created by letting in a million poorly vetted syrian refugees into germany in a nation that does not assimilate them and covering that up by yes infringing on people's religious freedom ultimately the cull padgett on this angela merkel allowing a million people in. germany itself for not having a culture of assimilation and that's what's created this situation. >> look at this map, this is through june, 2016. asylum seekers in europe and germany is up to 361,710.
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charles? >> she is pandering and it's about time she is. she made one of the most monumental mistakes post war germany allowing in a million essentially unassimilatables that she is going to have to deal with. this is her way of slightly backtracking. the number of refugees in germany who wear the full vale is in the hundreds. and we're talking about a million refugees as a practical issue it's not going to make a difference. as sim billion lick issue we will not tolerate separate societies in south germany. >> as we head to break we have winners and losers on the other side. we can confirm that e exxon ceo tillerson has at godaddy, our goal is to make you look awesome online. let's chat in football terms. this is the goal post. the end zone. the goal of every team. we know you have goals.
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>> and we're back with our panel, winners and losers.
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michael? >> big winner of the week elected freedom caucus influential conservative. he now has that role. they may shut down the senate government tonight calling republicans who try to use the purse power terrorists mark is the winners. >> winner and loser. >> we know reince priebus has been given his choice as the rnc chair and bret the loser of the week is me because this for the short-term at least is my last show with you. and. >> you have a new position. >> a new position going to join jim at the new media venture. >> we're going to work on that. we're going to work on that coming to after you. >> nina. >> big business. i had the honor of loading a delegates of some of the biggest global ceos in the world. we met with the pope to
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discuss how to create a more. >> where are you in there? >> i'm in there way, way, way back there. >> all right. >> but it was an incredibly inspiring event and it showed for all the kind of bad wrap that big business gets these ceos are truly conscientious about making the world a better place. my loser of the week was big labor. big labor is having to deal with two cabinet nominations. betsy devos who i know going way back. and she is at education and andrew puzder at labor. >> winner and loser? >> winner is the rule of law at the e.p.a. going to finally have an agency not seeing its mission as regulating everything everyone does on their property because severing about the environment. loser of the week and i say this with great pleasure is the retiring harry reid whose legacy is to have dropped the nuclear option abolish the filibuster which will damage democrats
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agonizingly for the next year or two. >> thank you, panel. that's it for us. that's it for "special report," fair, balanced and unafraid. "the kelly file." welcome to "hannity." speaker of the house paul ryan will join us for an exclusive interview in a moment. first, president-elect trump speaking to supporter ons the latest round of his thank you tour. here are some of those highlights. >> i am here tonight for one main reason. to say thank you to the incredible people of michigan. incredible. you went out and pounded the pavement,

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