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tv   Americas Newsroom With Bill Hemmer and Martha Mac Callum  FOX News  December 26, 2016 6:00am-9:01am PST

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>> the world's mourning the loss oa pop superstar, george michael. you know, according to his manager, michael passed away peacefully at home. apparently, the cause is heart failure. he was only 53 years old, but the former frontman for the musical duo wham, he leaves behind a string of indelible hits that were practically a freedom, i will not give you up -- ♪ gotta have some faith in the sound, it's the one good thing that i've got. ♪ freedom, i won't let you down, freedom, i won't give you up. ♪ i would really, really love to
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eric: legendary tunes from a legendary superstar. good morning, everyone, i'm eric shawn, and we're life in "america's newsroom." booth booth and i'm patti ann brown. the grammy winner or had an unforgettable voice and stage presence, sold more than 100 million albums over a career that spanned more than three are pouring in. we'll have more on that in just a moment. ♪ ♪ eric: but first, with the latest news this morning, president-elect donald trump says his charitable foundation will soon be no more, and he plans to do away with it, he to avoid conflict of interest. rich edson is live in washington with more this morning. why is the president-elect making this announcement now? >> reporter: good morning, eric. in less than a month, donald trump becomes president of the united states, and his transition team says he want toss avoid even the appearance of any conflict with his role as
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as his transition released that president-elect offered his twitter followers one of his own explanations, quote: my wonderful son eric will no longer be allowed to raise money for children with cancer because of a possible conflict of interest with my presidency. isn't that a ridiculous shame? he loves these kids, has raised now must stop. wrong answer. the media tries so hard to make my move to the white house as it pertains to my business so complex when it actually isn't. the media has been asking how president-elect trump will avoid conflicts as president with his multibillion dollar businesses. the the new york attorney general's office says the
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president-elect cannot legally dissolve it until authorities how the foundation raises and supports. in october schneiderman ordered the trump foundation to halt its fundraising because it failed to trump phony. eric? eric: all right, rich. pretty complicated, and it continues. thanks so much. patti ann: and joining us with more on that is jamie weinstein, senior editor for "the daily caller." thanks for joining us. >> thank you for having me. trump dissolving the foundation would be illegal. new york's attorney general is probing the foundation, as we just heard, and his office gave a statement saturday that said the foundation cannot legally dissolve until that investigation is complete. mr. trump says he's talking to his lawyers.
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we signal the intent of donald trump. we don't know what the legaleses will be with the new york state attorney general, whether he can or not. we haven't delved that far into it, but at least donald trump down the foundation, which is understand bl. we have seen the problems of foundations in public life with the clinton foundation and at least the appearance of scandal that came with that. donald trump's foundation is a much smaller foundation, you know, in the millions, not the tens of millions, and he himself has not really given to the foundation in almost a decade. probably is smartest just to shut it down as he goes in the oval office, and that's what donald trump wants to do. we'll see what the new york state attorney general has to say about that, but we know his intent now. patti ann: yeah. the role of his children has become an issue. for example, trump's daughter, off a coffee with herself for charity that had to be dropped.
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ethics experts said it looked like bidding for access, and we just heard mr. trump's tweet about his son, eric. where do you draw the line? can these public officials try to do some good with their influence without running into these problems? >> well, it's very difficult obviously, people elected donald trump knowing his web of business interests and charitable interests. he should do, i think most experts say, the best he can to separate himself from those conflicts of interest. to date, some people have criticized still having some of meetings which kind of doesn't have that fine be separation, putting his business in public life. but the reality is there's no easy answer. some people want him to sell all his business interests. that might get a very low price if he did it on a fire sale. but alternatively, you might have people criticize foreign funds -- sovereign wealth funds might come in and pay a very
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high price, and then there's another conflict of interest. it's not easy any way you cut it. so people elected donald trump knowing what those business interests are, so there's only so much donald trump can do to patti ann: all right. but you make an important point which is that mr. trump's critics are saying it's not just the foundation. the foundation's just the beginning. the dnc communications director, eric walker, saying shuttering a charity is no substitute from divesting from his for-profit businesses and putting the assets in a blind trust. say even a blind trust wouldn't be enough, especially the way he's thinking about doing it which is by putting his children in charge. he said he would announce a new plan on december 15th. that has been postponed. what is the best course for those more than 300 businesses that he's involved in? >> yeah. easy answer. as people have noted, a blind trust, donald trump still knows what real estate holdings he
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has. it's not like the stock market where you can sell all your holdings, put it in a blind trust, allow a financial adviser to pick a blend of stocks that you don't know what's in it. it's pretty clear which family business, it's the ones labeled trump. you know, trump hotels, trump golf courses. so it's not all that easy. i think that, you know, we have to do something to try to separate and detangle himself from the business. but, you know, people elected him knowing what he held and it's not going to be so easy to make this clear separation between business and the presidency. patti ann: and back again to the foundation. during the campaign mr. trump referred to the clinton foundation as a criminal enterprise. as we heard from itch edison -- from rich edson now, people are accusing trump of diverting -- settlements, etc. how difficult is it to run a charity without it becoming a
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pay for play or comingling of funds? >> i will say the trump foundation is a little different. i don't know how easy it is, but there were some odd things that were going down at the trump foundation. donated to the trump foundation. his personal foundation, in almost a decade. most of the money was from the vince mcmahon and the wwe, they donated the bulk of it, $5 billion over the last ten years, and trump did use that money to buy a portrait of himself, to settle some legal problems that he had. so it wasñbbek÷e i think it's probably smart of him to shut it down to avoid any other problems going forward with the trump foundation so he can focus on the business at hand which is running the country. patti ann: and that's exactly why he says he wants to do this. we'll see whether he's able to. jamie weinstein, thank you so much. >> thank you. eric: well, patti ann, you know, it came as a shock to many of us of a certain age from the pop tunes of the 1990s, and now
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this morning tributes pouring in for george michael. he, of course, was an '80s pop icon. he passed away yesterday at the pay tribute and respect. will carr is live in los angeles with the very latest. will, it's pretty much a shock, especially at that young age. what else do we know about george michael's death this morning? >> reporter: yeah, that's from all accounts, a major surprise. his publicist said he hadn't been sick. authorities say it's unexplained but not suspicious. his publicist said it's with great sadness that we can confirmed our beloved son, brother and friend george passed away peacefully at home over the christmas period. this morning british paper boy, tormented pop icon. he sold more than 100 million records throughout the course of his career, first finding initial success as part of the
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music duo wham, then later launching his debut solo album faith. ♪ 'cuz i gotta have faith, i ♪ because i've got to have faith, i've got to have faith, faith, faith. ♪ baby -- >> reporter: over the course of his career, michael won two grammys, had eight number one hits on the billboard hot 100, and aside from his singing career, drug use and sex life kept his name in the headlines what his fans are concentrating on this morning. instead, they're leaving flowers outside of his home while they're remembering a pop legend. eric. eric: will, certainly this morning social media must be exploding. >> reporter: yeah, absolutely. really an outpouring of support. about my friend george michael's death. he was such a brilliant talent, i'm so sad. rob lowe said: had the pleasure of knowing george michael in the
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'80s. voice of an angel, now he can sing with them. and elton john tweeting: i'm in deep shock. i have lost a beloved friend, rip, george michael. eric, george michael was 53 years old. eric: yeah. we see right now live in knot london outside of his home -- north london, well wishers placing flowers and notes and when there's been a litany and list of several pop superstars who have passed away below the age of 70. george michael, our thoughts are with his family. and for those of us, as i said, of a certain age, really a sounding track from the 1980s and the tunes of our lives. patti ann: yeah. great hits. israel's prime minister lashing out at the obama administration following a vote at the united nations. we'll tell you what set him and president obama gearing up to issue more executive
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orders during his final days in office. how will his last minute moves >> i think president obama is beginning to figure out that his legacy like one of those dolls that that as the air comes out of it, shrinks and shrinks and shrinks. and at six years 70% of his executive orders, almost all of which will be repudiated by trump.
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patti ann: nearly two dozen homes sinking into the ground, forcing evacuations over the holiday weekend. a massive sinkhole sparked a state of emergency as the ground slowly gave way in a neighborhood outside detroit. police diverted traffic from major roads, fearing a possible sewer collapse could cause a sudden cave-in. crews are working around the clock, but it could be weeks before people can return to their homes. ♪ ♪ >> the things he's done this week can be turned around. it takes a little bit of legalized, smart lawyers, but they'll turn it around. and he's in this desperate frenzy. what he's actually doing is setting up a whole series of things to distract trump which will make his liberal allies feel good about democrats and hate republicans when trump rolls them all back. eric: that's former house speaker newt gingrich taking aim at flurry of executive actions now being issued by president obama in his final weeks in office. as you heard the former suggesting, in his view, the president's moves are, quote: a
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desperate frenzy to try and basically cement his legacy before leaving office. but mr. gingrich is claiming it's no use was most of -- because most of those executive orders will be undone by president-elect trump when he takes office. doug schoen, fox news contributor, joins us, adam goodman, principal of the victory group. welcome to you both. doug, let me start with you finish. >> thank you. eric: the former speaker says 70% of the obama policies will be reversed by president trump. is his legacy in danger? >> yeah, i think it is. with obamacare, obviously, up for repeal and replace or repeal and delay, i think the decision of the u.n. is certainly something that doesn't reflect the incoming trump administration's position. i am certain the initiatives on coal and on offshore drilling will also be reversed by the incoming president. so i think speaker gingrich is
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correct in assuming that the bulk of what has been proposed recently and even things like the executive order on the dreamers, i think that too faces the prospect of being rolled back. eric: so, adam, if he's doing some of this in these final few weeks, i mean, is it for naught? [laughter] >> well, let's go back and do a little bit of history. there's something called separation of powers, eric, that was popularized by a french philosopher by the name of montesquieu, and he basically did this because he said we need to have a sense of virtue about the governing over governed. and what we see right now is a president who has issued executive orders and rules of authority at the pace of more than one a week. and they're going to be -- a lot of these are going to be up done, but some of these or were totally, absolutely wrong. i'll give you legal status of 4.3 million illegal aliens, the paris accords where the u.s.
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senate is really the only one in power that's able to give that power of treaty. and you have a president who is willfully and constantly trying to assert his ideas and his power over the american public. and if we don't like it, so be it. this is a worrying precedent when you think about moving ahead, and i think, you know, donald trump is not only going to overturn much of this -- which i think newt gingrich is certainly on point there -- but i think we have to take a deep look into whether or not we really believe in the three branches of government or not. and that's what's going to be more importantly on display moving forward. eric: well, adam, you make a great point. did the president make a strategic mistake? he told npr that if he had gone through the legislative process, as you say, they would have been harder to undo. now all you need is a pen to reverse his decisions. >> eric, it's a great question. look at what the president said. after the 2010 midterms where the democrats took a shellacking, he said with whether congress likes it or not, i'm going to go ahead and move forward.
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he said it again in 2014, the state of the union speech, that he'll do whatever it takes or, wherever he needs to go to assert his authority. this is not what the founding fathers envisioned. and now you might say he's paying the price for this. not only a lot of his own executive actions will be overturned, but i think his legacy itself is now in danger of being seen as the acts of a person who decided to assert his own beliefs and values over those of the nation. eric: you know, doug, he's a constitutional lawyer, harvard law professor, this sort of thing. was this really a fatal mistake in his platform by ignoring congress and issuing these executive orders? >> this was a practical decision, eric. he knew he couldn't get the bulk of what he's proposed and what adam discussed and what i outlined through the congress, so he did it by executive order -- eric: and it may be practical, it may be practical -- go ahead. >> yeah. i was going to say it's practical but clearly wrong, because as adam suggests
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correctly, they will be reversed. but he was laying down a marker. speaker gingrich is right, he was letting the left know where he stands. i think it's regrettable, but he made what he thought was the only decision he could, and the bulk of his actions will be rolled back almost certainly, many within days. eric: and finally, what do you think his legacy will be, doug? let me start with you. first african-american president, a giant leap p forward for this country, but take a look at the record in terms of your party. senate seats down 16%, house seats down 24%, democrats lost the senate and the house, governorships down by almost half, state legislatures town for the democrats by almost -- down for the democrats by almost half. how will he be remembered? >> i think he had hoped that obamacare would be his legacy, but with the defeat of secretary clinton, that's very much up for grabs. and given our weaknesses on the global stage, i think leading from behind and all that follows
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from that will also be a cross that he will have to bear politically and substantively going forward. so i think his legacy is up for grabs, which is one of the reasons he's doing what he's doing and, frankly, i think it isn't how we want to govern even if it is constitutionally permissible. eric: and, adam, your view of his legacy. >> well, i agree with doug. i think the jury is out on his legacy, but i think what's really instructive is to see -- is to remember the remarks of michelle obama about a week ago when she was talking to oprah and talked about the ushering in of an era of hopelessness. i think the biggest judgment is going to be whether or not that sense of hopelessness is what marked the eight years of president obama. hopefully, god willing, to be followed by a period of great hope and achievement in this country under president trump. eric: all right. adam and doug, thanks so much for joining us. enjoy miami. >> i will, and let's hope, let's hope that adam's right.
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i think on the christmas week we have to pull for the new president. eric: all right. got that go, thanks -- gotta go. patti ann: tough talk about president obama's handling of the war on terror. rudy giuliani saying the effort is lackadaisical. that ahead. finish
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>> over decades the american administrations and israeli governments have disagreed about settlements, but we agreed that the security council was not the place to resolve this issue. as i told john kerry on thursday, friends don't take friends to the security council. patti ann: israel's prime minister pushing back after the united nations abstained from a u.n. resolution calling for an end to israeli settlement construction in the west bank. prime minister benjamin netanyahu summoning the u.s. ambassador to discuss that move. kristin fisher is live in washington. hi, kristin. where do the two countries stand this morning? >> reporter: well, we're hearing two totally different stories from the white house and the israeli government. the white house says it had nothing to do with this u.n. resolution. quote: the u.s. did not draft this resolution, nor did the u.s. introduce this resolution. the egyptians, in partnership with the palestinians, are the ones who began circulating an earlier draft of the resolution. but the israeli government says
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that is flat out false. >> we have rather ironclad information from sources in both the arab world and internationally that this was a deliberate push by the united states in the fact they helped create the resolution in the first place. and so it's deeply disappointing that this has been the path of president obama. >> reporter: now, that was a spokesman for israeli prime minister benjamin netanyahu who on thursday told secretary of state john kerry friends don't take friends to the security council. but the next day instead of using its veto power, the u.s. abstained from a security council vote which allowed this resolution to pass, a resolution condemning israeli settlements in the west bank. the israeli government believes the vote to abstain is a vote against israel which is why the prime minister has now taken the relatively rare or move of summoning the u.s. ambassador. patti ann? patti ann: meanwhile, president-elect trump is weighing in. what's his response? >> reporter: mr. trump was against this resolution to begin with, and he said so before it
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passed. then once it did pass, he took to twitter to denounce it. quote: the big loss yesterday for israel and the united nations will make it much harder to negotiate peace. too bad, but we will get it done anyway. he also said things will be different after his inauguration, and that is exactly what the israeli prime minister is now banking on. patti ann: kristin fisher live in washington, thank you. eric: well, famous people acting badly. why do they do that? this stretches all the way from politics and big business to the summer olympics. remember that? well, martha maccallum will take a look back at 2016, the year in scandal. patti ann: that will be fun. and as the world reels from a series of terror attacks, has president obama taken the right approach? lieutenant colonel ralph peters on that next.
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afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine.
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the north and the south are mine. all seems beautiful to me.
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♪ ♪ patti ann: as president obama prepares to leave office, there is debate about his legacy on many issues including fighting terrorism. critics say he has fallen short. former new york city mayor rudy giuliani said, quote with: the kind of thing i can say is he has a lackadaisical attitude about it. he refuses to say radical islamic terrorism. ralph peters is a fox news strategic analyst. thank you for joining us. >> patti ann. patti ann: mr. giuliani said we've seen an increase in terror attacks on u.s. soil during the obama administration.
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is he right when he says that policy changes initiated by this administration have allowed terrorist attacks that might have been stopped under earlier policies? >> i don't think he's right about the domestic scene. our domestic intelligence and law enforcement agencies have really done an amazingly good job, if you think about it. we haven't seen another 9/11-level plot or anything approaching it really. and inevitably, some terrorists will get through. now, obama could have done a better job, but where you really have to fault the outgoing president is on his disastrous approach to the middle east which i can bluntly sum up in six words which is praise islam, ignore christians, blame je,ewss we just saw at the u.n.. i think the president's willful naivete about islam, his refusal to accept the fact that within islam there are elements that are distorting the religion badly and killing muslims as
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well as christians and everybody else, his inability to act decisively, even the decision to go after bin laden in pakistan, it took weeks for him to make up his mind about that. the special operators or were getting very impatient. so this idea of dawdling, romanticizing islam, it all came up to this heady brew that created the power vacuum and allowed the middle east which, when george bush left office, was con convalescing. al-qaeda was broken, and now eight years later we see a conflagration across the middle east, iran and russia on the ascendant, half a million dead in syria. all of this does tie directly into terrorism. and i think the president's failures, his myriad failures, patti ann, mean that terror is going to be with us, islamist terror is going to be with us even longer than it had to be. patti ann: mr. giuliani slammed
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president obama for refusing to use the term radical islamic terrorism, and he did go on to say that mr. obama has a lackadaisical attitude about fighting terror. lackadaisical, what to you make of that? >> well, it's a five syllable word that doesn't really apply. i give you disingenuous. but better words, i think are really futile, indecisive pandering. the bottom line is -- and i think the intent of the mayor was right, just chose the wrong word. the bottom line is this is an ineffectual president. he, he's handling -- he's always wringing his hands, can't make up his mind. and the result, again, is in syria alone half a million dead -- patti ann: and regarding the syrian refugee crisis, mr. giuliani said goal should not be resettling refugees in western countries, but rather to
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create conditions that allow them to return to their homeland. he suggests setting up a no-fly zone in syria and sending back the people who have fled amid terrorism. what are your thoughts on that? >> patti ann, a no-fly zone and other actions in the first year of the syrian uprising would have been decisive. assad would be gone. remember, obama drew red lines. he let it slide by. the rule in conflict is that the sooner you act decisively, the less bloodshed there is. and, you know, when we opened this, i said to you happy st. stevens day. this is a day the celebration of the first christian martyr. and my, perhaps, biggest personal grief with president obama is that he has utterly ignored the concluding faces of the destruction, the annihilation of 2,000 years of christian culture in the middle east. won't even give priority to christian refugees who have nowhere else to go. so i think this is a president
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who has been a prisoner of far left ideology, came into office disliking israel, came into office convinced that the united states was guilty, that the author risks really on -- terrorists really on some level had a legitimate grievance even though he didn't approve of their actions. and i think we're going to look back on this eight years as the eight years that ravaged the world in such a way that we've not seen such a tragedy since the 1940s. patti ann: that's a sad statement. mr. giuliani, of course, co-chairs donald trump's transition team. he says the president-elect has the right ideas regarding terrorism. he says donald trump sees this as a war, and he's going to deal with it that way. what specifically would you like to see mr. trump do, and do you agree with mr. giuliani that it's going to be a very different tone? >> well, i think it'll unquestionably be a different tone. it'll be a much stronger tone. and words are important. the pen's not mightier than the
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sword, but words matter. and just calling extremist islam what it is makes a difference. as far as what concrete measures we'll see on the ground, the situation has deteriorated so badly in iraq and syria that essentially our aircraft, our combat aircraft are now doing, they're working for iran and putin and russia in the long term because when isis is smashed, and it will be although it will live in various forms elsewhere, when it's smashed, it will leave syria in charge of the assad regime -- the assad regime in charge of syria under the aegis of the russians and influenced by the iranians. when we finish in iraq, in mosul and isis is broken there, iran is the hegemon in the region. and because of -- and this matters. the grand strategic picture. because president obama dealt in bits and pieces doing as little as he can, trying to measure out action by the teaspoonful, the next president, the incoming president inherits a world in
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which iran has new empires stretching from iran west of the mediterranean. russia is now the dominant player in the upper middle east. we are excluded. and our power -- and even our friends don't think they can trust us anymore. so the new president is going to have a great deal on his plate. he's got to deal not just with terrorism in the middle east, but with the aseven dancy of powers hostile to us, and that includes not only iran, but the implacable hostility of vladimir putin. it's a very complex problem, and we can only wish the new president well. patti ann: yes, absolutely. lieutenant colonel ralph peters, thank you as always. >> thank you, patti ann. eric: st. steven, by the way, is considered the first christian martyr, stoned to death in 36 a.d. it's an official holiday in ireland, germany and a bunch of others. well, there was no shortage of embarrassing headlines this year. among them corporate executives, politicians, even olympic
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athletes all shocking us with outrageous behavior. martha maccallum takes a look back at some of the scandals of this year. martha: 2016 was a year filled with scandals and unbelievable headlines from former congressman anthony weeker's texting tinging to sex scandals at a popular christian university. it was an unferret bl year in many ways. you can call itwater gait. ryan lochte claimed he was robbed at gunpoint after a night out in rio. turned out he allegedly urinated outside a gas station bathroom and vandalized a framed poster with his friends. president-elect donald trump went through a whirlwind of controversies including more than a dozen sexual harassment allegations. he also got caught saying some lewd comments about women on a 2005 access hollywood hot mic. he denied them all and apologized for the comments on tape. feeling the bern, chairwoman debbie wasserman schultz
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resigned after a trove of leaked e-mails showed party officials conspiring to sabotage the campaign of senator bernie sanders of vermont, this as wikileaks released an avalanche of e-mails related to hillary clinton that many say cost her the election. team usa goal hi hope solo ripped into the swedish women's team after they eliminated the usa from the olympics, criticizing their defensive style of play. she was suspended for six months. a few days later, solo also parted ways with her national women's team. several female students reported sexual assault charges against the baylor football team including at least four alleged gang rapes. the largest baptist university in the country has been plagued by allegations that it failed to handle cases of sexual assault committed by its students. former baylor president ken starr and celebrated football coach art briles lost their
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jobs. and the saga of justin bieber posting an instagram accusing his bleakers of attacking his relationship with sofia richie. former girlfriend selena gomez took to the comments to retort: if you can't handle the hate, then stop posting pictures of your new girlfriend, lol. after bieber deleted his instagram, gomez relented posting a snapchat that read: what i said was selfish and pointless. former new york congressman anthony weiner in trouble again this year. it started when his former wife, huma abedin, said she was leaving him after finding out he was sectionting with another woman -- sexting with another woman. putting a jolt into hillary clinton's presidential campaign. wells fargo's ceo john stumpf stepped down after the bank came under fire for their sales practices.
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in suspect of 2016 the company -- september of 2016 the company agreed to pay $185 million to settle allegations that accounts were opened without customers' permission to reach aggressive sales targets. and the maker of end by men, mylan, agreed to pay $465 million to settle allegations that it overbilled medicaid for the life-saving drug. the house grilled the pharmaceutical company's ceo heather bresch about the controversial price hike after she allegedly received a raise of more than 670% over nine years. so that's 2016. and with 2017 right around the corner, no doubt there will be more of these scandals in the news. we'll be here to cover all of it for you. i'm.martha maccallum, fox news. patti ann: i hope she's wrong about that. eric: i know. you wouldn't behave badly. patti ann: absolutely not. [laughter] eric: i think the award goes to anthony wiener.
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patti ann: some of those were amusing, but some pretty upsetting. well, the prosecution in the robert durst murder case says witnesses are scared to testify, with good reason. we'll tell you their solution to the problem coming up. eric: searchers are scouring miles of ocean after that russian military plane that was headed to syria went down in the black sea. what they think did go wrong. >> translator: as we know, the main versions so far do not include an act of terrorism, so we think that the reason for the crash could be a technical fault or a pilot error.
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patti ann: a new record for sailing around the world. a -- colville started from an island in the english channel. it was his third attempt to beat the previous record of 57 days. ♪ ♪ eric: and now to the latest on robert durst. los angeles prosecutors warning that the reality heir is a danger -- real estate heir is a danger to witnesses in the latest murder case against him, so they want to videotape those witnesses' testimony in case they pass away before the trial gets underway. so is he a threat? national law journal contributor, deborah -- a criminal defense attorney to, and both join us. kent, let me start with you. he's 73 years old, he's in a wheelchair, he's in jail are, he's frail, so what are they afraid of, or is this overreach?
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>> but, eric, this is a guy who's worth $100 million accused of multiple murders. he actually admitted in a former allegation that he killed his roommate, chopped him up and dumped him in galveston bay, and he got off. so this is an unpredictable defendant, hard to know what's going to happen. i think in all likelihood, though, the witnesses will testify. testimony's tentatively scheduled for february 14th, so i think it'll -- eric: so what's going to happen? do you think the judge will agree? >> i think -- go ahead. >> sorry. eric: deborah, go ahead. >> i think that if the judge allows this to cur, it could set the stage for violationing robert durst's sixth amendment right to confrontation at trial. you can say what you want about him, but he is entitled to a fair trial which is a fundamental principle of our criminal justice system. these people, there are no known threats to them. we just have their fear.
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so, you know, the prosecution is saying that robert durst is a force to be reckoned with despite his old age, but they're doing things that are making this a public trial before the trial. they released his videotaped confession or interrogation which is subject to future suppression, and they're now making a public issue of this, so is they're poisoning the jury pool. eric: well, i mean, the jury hasn't even been seated. deborah, what if they do videotape the people and the people survive, they go up on the stand, wouldn't that testimony be legitimate and fair and the jury would be instructed not to pay any attention to, allegedly, that it was videotaped before? >> well, they should have presented these witnesses in the grand jury which is the proper channel for their testimony. because then that prior testimony would be sworn to in an official setting, and it would be subject to cross-examination based on prior inconsistent statements.
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this is a very unorthodox approach. eric: that huge documentary, everybody knows about morris black, his former roommate, his body was decapitated. you've got susan burman and the allegations or speculation are that he may have told susan about the disappearance of his ex-wife many years ago, susan a los angeles writer, very well known. out there anyway, so how do you get a jury to try to, you know, give robert durst a fair trial, especially when you have this? >> you know, i think you're right, eric. there's evidence mounting kind of coming at durst from all sides. also as you know a interview, the interview was released that he gave the l.a. police shortly after being captured in new orleans. and in that interview he admitted he was on the run from the law. he admitted he doesn't think he's a very good guy. he admitted that he thought he's not a very good fugitive. and i think he's going to have a problem whatever happens next. i think it's very unlikely he's
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ever going to see the light of day -- eric: yeah, is what he told, is that actually -- the jury, would that be allowed in, you know, in his trial? >> well -- eric go ahead, ken. >> i think likely it's going to be admissible. he was rated hismy ran -- read his miranda rights before he gave the statement. he was told you know what you say could be used against you in court, he said he understood, and then he went ahead and gave the interview. and typically, what a defendant says then can come in. so i expect it likely to come in before the jury when we get to trial. erin -- eric: and, deborah, how would that impact a potential jury? >> the defense will have to do their job and argue he said it while he was under the influence of drugs which has been previously mentioned. and also i want to focus on the fact that they have a witness who's 85 years old, and the prosecution is trying to create a hearsay, dying declaration type of exception where they're trying to get in testimony of
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witnesses which will not be subject to cross-expectation. eric: and that's dr. cooperman who's 85 years old. final thought, very quickly, what do you think's going to happen, deborah? >> i think that the witnesses will testify, but i do agree with kent that most likely the videotaped interrogation will come in. eric: and, kent? >> i agree with that. i actually think they're setting up a possibility where they're going to say he's not fit to stand trial. you see it coming with the pink wheelchair, the neck brace. durst says he's goo goo, gaga in his words and statements, and i think they might just say he can't stand trial. eric: that's fascinating. yeah, that could mabel potential sense. we'll see what happens next week. >> happy holidays. eric: you too. patti ann: well, a nation many mourning after a christmas day tragedy. what russia is saying about the possible cause of the military plane crash into the black sea. eric: and a christmas storm in
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the desert caused lots of problems. look at that on the road. >> we're happy, and we're making silly faces, and we're singing christmas songs to get the time going. >> yeah, no, i don't know, just waiting. that's all i can do, right?
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eric: man, oh, man, heavy snow hammering parts of arizona as you can see there. a powerful storm made its way through the state, 14 inches of snow fell in the flagstaff area, but the gift of a white christmas also causing hot of problems on the roads. -- lots of problems on the roads. reports of multiple car crashes and road closures around northern arizona as well as a lot of people getting stranded in their vehicles. the heavy snow shutting down the east and westbound lanes of interstate 40. that, of course, forced drivers to take alternate routes, so always have extra water and food in your car. patti ann: russian rescue teams are finding fragments of the military jet that clash -- crashed into the black sea. the kremlin is now pointing to a mechanical failure or pilot error, not terrorism, as the most likely cause. kitty logan has the most recent developments. what can you tell us about the recovery effort?
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>> reporter: yes. well, the search for the remains of that plane is continuing off the coast near the russian town of sochi. now, the russian defense ministry says 3,500 people and 45 ships are involved this that operation, it's a massive effort. the priority now, to find the flight recorders and recover bodies. dires have recovered 11 bodies so far. 60 members of the famous military choir were among the passengers. their members now reduced by a third as a result of this tragedy. people have been laying flowers and lighting candles outside the musicians' moscow headquarters. the choir had been heading to syria to perform a concert for troops. and vladimir putin, the russian president, has today declared a national day of mourning to remember all those onboard who died, patti ann. patti ann: what are they saying,
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meanwhile, about what might have caused the crash now? >> reporter: of course, authorities are still investigating, and they say they're looking into a number of options which could have caused the crash, but today the russian transport minister said there's no reason to suspect that this was an act of terror. >> translator: we think that the reason for the crash could be a technical fault or pilot error, but it will be clarified by ministry of defense special commission. >> reporter: now, investigators say they're looking closer at a number of possible causes including poor fuel quality or a foreign object in the engine. now, this type of military plane has been involved in a number of crashes in the past, but, of course, we'll have to wait until they find those black boxes before we learn more about what caused this particular crash. patti ann? patti ann: all right, kitty logan, thank you. eric: the white house press secretary scolding the media for the coverage of president obama. what josh earnest says the media folks keep getting wrong. patti ann: also donald trump
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says he now wants to avoid conflict of interest birdies solving his charitable foundation. will it work? will it be enough? measure ♪ everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox.
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patti ann: fox news alert. tensions between israel and the obama administration going public. israeli prime minister benjamin netanyahu accusing president obama and his administration of a diplomatic ambush. he blames the united states for helping to draft a u.n. resolution condemning israel for
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settlements in the west bank. the u.s. officially abstained from that u.n. vote instead of vetoing it as it has for many years. we'll have more on that in a moment. but first, president-elect donald trump announcing plans to shut down his charitable foundation to avoid conflicts of interest. critics say the move will not to far enough. welcome to a brand new hour of "america's newsroom." i'm patti ann browne. eric: good to be with you this morning, patti ann, good morning, i'm eric shawn. bill and martha are off today. mr. trump announced on christmas eve he plans to shut down his foundation. democrat say in addition to that he has to put his business empire in a real blind trust. that is something as you know he so far refused to do. as new york's attorney general eric schneiderman raising concerns that the foundation is still under investigation. patti ann: peter doocy live in palm beach florida, where mr. trump is spending the holidays with his family. peter, is the president-elect
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saying he is actually done with all charity until after his presidency? reporter: no, patti ann, what the president-elect is saying he will start pursuing philanthropy in other ways. over the weekend he put out a long statement why he is going to shut down that charitable foundation. he says this in part. the foundation has done enormous good works over the years contributing millions of dollars to countless worthy groups, supporting veterans, law enforcement officers and children. however to avoid appearance of any conflict with my role as president i have decided to continue to pursue my strong interest in philanthropy in other ways. democrats though say they have a problem with the timing of this announcement with a dnc spokesman saying this, there is something richly symbolic, donald trump choosing christmas eve, to shutter one part of his financial empire could in theory have positive impact on people's lives used in the right way.
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that goes to show calling for mr. trump to get out of hiss abouts and out of his charitable enterprises are still complaining even when he announces he is doing just that. patti ann? patti ann: meanwhile he might not be legally allowed to shutter the foundation right away. there is a legal issue there. reporter: right. and the legal issue is with the charity's registration in the state of new york. there is an investigation by the attorney general and spokesman for new york's attorney general says this in part on twitter, foundation still under investigation by ag schneiderman. can not legally dissolve until investigation complete. this is the second trump charity to shut down in the last few days. remember at the end of last week, eric trump, one of the president-elect's sons announced he would stop raising money for his foundation because he realizes now some donors could be giving money to different causes with hopes of getting access to his dad, the next president, who we understand is
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expected to have a quiet day at mar-a-lago down here in the palm beach area. patti ann? patti ann: peter doocy reporting live from florida, thank you. eric: for more what will happen to the foundation and to mr. trump's business empire, daniel harper joins us. he is a washington bureau chief for "the new york post." also the author of the book, "clinton, inc.." daniel, always good to see you. the foundation is small potatoes compared to the trump business entities. is closing it down enough do you think to satisfy critics? >> sure, in this one aspect i think it will satisfy critics. i don't think anybody will say you're not doing enough for the foundation or allowing the foundation to be used if no foundation exists. what is interesting he set a standard by closing this foundation. he said he is doing so to avoid the appearance of conflict interest. you can assume that standard is applied to his business practices and other avenues he hasn't yet publicly dealt with. that is what we learned here.
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he will hold himself, based on this statement, to the standard where he wants to avoid ap a appearance of conflict interest. that raises a lot of questions how his business enterprise will be shuttered or put into a blind trust or we don't know exactly. he is supposed to announce it in a few weeks time. eric: what do you think will happen? >> well he has signaled some of his kids will run it. we don't think there will be a fire-sale or any sort of sale of the entire company. keep in mind the company, i mean the company is himself, right? a lot of, what's weird about the trump business enterprise he licenses his own name to a lot of buildings, he doesn't necessarily own the buildings. so the value is based on his association as a luxury brand. so, it's not clear how he is going to do it. this is a very important decision. i think democrats are obviously chomping at the bit. they will hoed him to this throughout his presidency and raise the questions going
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forward in in the same way that donald trump raised questions about hillary clinton. so how he deals with this, in many ways defines the opposition to his presidency for the years to come which is why it is so important he gets it right. he hasn't really tipped his hand more -- of course he will handle it. it is not that complicated. his kids will run some of the business or some of his kids but we don't know beyond that but it is obviously hugely important. eric: some of the critics say the kids running it is not enough. he has to put it in a blind trust. his defense everybody knows he is a zillionaire or billionaire all these years and you can't just dispose of real estate. can you put it, the deeds in a blind trust in that way? what do you think he should do? >> i think for other businesses, if he were just wealthy and he owned a lot of stock in a lot of different companies he could put it in a blind trust. it's a little more complicated when he himself is the brand, right? you could put the trump company
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into a blind trust and he doesn't necessarily know the day-to-day operations but he can still identify a trump hotel because his name is on it, right? he can still identify these things. it is complicated because of his business in particular. in his defense obviously we never had somebody this rich, have this big of a business become president of the united states. so this is really, it is uncharted. we don't know where he is going to go. we don't know what is appropriate and what he should be doing. this will be an issue. people will say did you make the decision to benefit your company? it will be, obviously a place where years to come. how he handles it, you can't emphasize enough how important of a decision that he is making right now behind closed doors. eric: really has to finesse it and deal with it. daniel, you're the author of the book, "clinton, inc." which several years ago dealt with the clinton foundation and clinton ways of doing business.
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during the campaign trump called the clinton foundation most corrupt enper prize in -- enper prize in political history. is that really fair? and will the people judge the trump foundation the same way they judge the clinton foundation. >> if hillary had won, that is sort of all they have. to answer that question i don't think it was quite fair to call it the most corrupt inenterprise, anytime you have a business or vessel that can accept money from outside sources and you are a politician, you have to wonder why the money is coming in? is it to influence the decisions? also the clintons were living off the largess about the foundation. that criticism donald trump levied at hillary clinton is in large part correct. now he has to be worried about it brought back to him. other people are making same accusations that he could operate beforehand with impunity he wasn't an elected official.
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that all changes january 20th, when he is sworn in behind me at the capitol. eric: sometimes be careful what you wish for at least when it comes to dealing with your business and those type of accusations. daniel halper, author of "clinton, inc." and washington bureau chief of the new york post founded by alexander hamilton in 1801. >> that's correct. happy boxing day. eric: yes, of course. patti ann: israel is lashing out at the obama administration. israel claiming to have ironclad proof that the white house itself helped to create that united nations resolution condemning jewish settlements in the west bank. the accusations come after the u.s. abstained from voting, a move israeli prime minister benjamin netanyahu called a shameful ambush. kevin corke is traveling with the president. he joins us now live from honolulu. hi, kevin, what is the administration saying about this controversy? reporter: i got to tell you, patti ann, they are upset. they are bristling at the
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suggestion somehow the u.s. has orchestrated this vote in the u.n. and pushed the resolution along. in fact if you listen to principle deputy white house press secretary eric shults, he is not mincing words. let me share a portion what he told fox news yesterday in a statement. he said in a statement, i'm quoting now, the u.s. did not draft the resolution nor did the u.s. introduce this resolution. the egyptians in partnership with the palestinians are ones circulating earlier draft of the resolution. can you feel the passion in the words there? he goes on to say the egyptians are ones moved forward on friday and we took the position we did when it was put to a vote. but israeli leaders as you point out continue to publicly accuse the administration of having orchestrated that resolution that condemns israel's settlement construction. >> we have rather ironclad information from sources in both the arab world and internationally that this was a deliberate push by the united states and in fact they helped create the resolution in the
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first place. and so it is deeply disappointing this has been the path of president obama. reporter: did you hear that? i mean, he just said ironclad proof. i mean, wow! and the continued frustration for some of the administration that bibi netanyahu has been effusive in its praise for administration in security support. that is not the story now and not going away anytime soon. patti ann. patti ann: for sure. given unprecedented nature abstention in the u.n. is the obama administration expressing concern damage long term to u.s.-israeli relations? reporter: yeah. they would say flat-out not at all. look, kevin, given the strategic support around important relationship between the two countries it is not going to be upset by this little latest bump in the road but i have to tell you, critics, patti ann, aren't so sure. >> to get even in the lame duck
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period when there are no checks and balances and don't have to worry about an election most undemocrattic thing a president could do to tie the hands of his successor during the lame duck period. what he did was so nasty, he pulled a bait and switch. reporter: while the u.s.-israeli relations may get a bit of a reset under the trump administration the same may be said for the united nations with the president-elect tweeting ask the u.n., things will be different after january 20th. now what that means and will play out we'll all have to wait and see. clearly things are a chair changing my friend. patti ann: i would love to here the ironclad proof israel has. kevin corke. thank you. eric: so what is the next move for israel and the incoming trump administration? the showdown over the settlements and the security council vote, we'll have that coming up. patti ann: also press secretary josh earnest calls the obama
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white house the most transparent in history. he says the media doesn't give him enough credit for it. we'll have a fair and balanced debate on that coming up.
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eric: fox news alert for but the manhunt now underway in tennessee. four inmates escaped from a county jail early on christmas day. the four were among a group of six men that got out through a hole behind a toilet. this happened in dandridge, tennessee. that is near knoxville.
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the county sheriff says a leak rust the bolts holding the unit. the men were able to pry the thing right off the wall. authorities say one of the men, david frazier, is considered to be dangerous us. >> given the fact that president obama has been the most transparent president in american history and given the fact that he has not gotten much, if any credit for that the from journalists, what incentive does a guy like donald trump, who i think has a predisposition against transparency, when you consider the way he handled his tax returns, what incentive, what argument does anybody have that there is a benefit for him to be more transparent? patti ann: white house press secretary josh earnest explaining what he calls, one of the beefs he has with journalists saying the media doesn't give president obama enough credit for running what he calls the most transparent white house in u.s. history. ron mayor, a republican strategist, editor of red alert politics. brad bauman, democratic
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strategist and a partner at pastorum and former director of progressive congressional caucus. thank you for joining us. >> thank you. patti ann: telling that president obama has been the most transparent president in american history. immediately twitter comments mocking that claim. one saying if a democrat repeats an obvious lie often enough, msn will duly report it as fact. ron? >> so i think it is pretty funny. not only did josh earnest say the most transparent administration ever. he then right after that no one really cares about transparency. no constituency in american politics cares. like in jay cutler, quarterback for the bears, no one cares about quarterbacking but i'm the best quarterback all time. no, you're not the members and people do care. where have you been in 2016? a lot of election with hillary clinton was about transparency. the fact she avoided foia laws going on private server. obfuscated public information, classified documents and so this
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was, this year was about transparency. people do care and no, president obama hasn't been the most transparent. just ask "the washington post" who called this one of the most secretive administrations of all time. who said they took punitive actions against journalists including by the way this network's james rosen and "new york times" reporters as well. so this is pretty universally mocked, not just by republicans and conserve activitieses but by mainstream, liberal-leaning outlets. patti ann: josh earnest made the same comment back in august, you may recall. he was responding to a column speaking of hillary clinton, that said that if hillary were elected, quote, her administration would continue the administration being more secretive than the one before it. the obama white house has achieved just that with its abysmal record on fulfilling freedom of information act requests and record of prosecuting whistle blowers who have shared national security information with the press. brad, journalists have been complaining about a lack of transparency for this white house for a while. >> there are a couple of things
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i will say to this. number one, this has been the most transparent administration in the history of our republic. they have released thousands and thousands of data sets that the u.s. government had otherwise just sitting on shelves so that the american people could look at it, understand exactly what data is being collected by the united states and look at places where there may need to be some efficiencies built in. but we do need to make some sort of a accounting for the fact that some things are national security. and that those can not be released. one of the biggest problems and you know everybody on the conservative side has said this over and over again, oh, yeah, the big problem with hillary clinton using a private server is that national security documents could be hacked. well, guess what? sometimes foia requests need to be scrubbed very, very carefully to make sure there is nothing of sensitive value. >> brad? >> you know that is the truth.
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further, josh ernest's point was very important. hold on. josh's next point was very important. trump administration. the guy can't release tax returns. how transparent will they be. patti ann: ron, back to you? >> here is the issue. hundreds of thousands foia requests have been denied. this is not a few national security related. ap studies done more than a year ago, 300,000 foia requests have been denied by the obama administration. that is about a third of all the requests. you say a third are all national security related? >> that is not on the obama administration. that's on the requests that are being put in by various reporters. that is not on the obama administration. if they're requesting sensitive information -- >> tell them that. >> reporters were asking for sensitive information they're not going to get sensitive information. that's the sensitive information. >> sensitive information like who gets killed during drone strikes in the middle east? the obama administration -- >> yes, that is actually
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sensitive information absolutely. doesn't matter who the outlet is, lefts right, center, fair, balanced, doesn't matter if its sensitive information shouldn't released to the public. >> if everything is sensitive, that is the whole point. liberal journalists, conservative journalists want to know what is happening in the government. >> you have a right to. >> that should be a bypartisan point. patti ann: we'll have -- >> it's a bipartisan point. patti ann: yeah. all right, we'll have to see what happens. ron meyer, brad baumann, thank you very much. >> thank you, patti ann. eric: patti ann, meanwhile china taking steps to move hundreds of missiles we're told on the man-made islands in the south china sea? why u.s. officials say china is bringing the weapons on to the disputed territory and they say it could be a threat. patti ann: also, israel's prime minister slamming president obama after that recent u.n. resolution. how could it affect the relationship between the two countries we'll talk about that. also prominent attorney and law
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professor alan dershowitz weighs in. >> i think he was trying to get even. he called me into the oval office before the election and said to me, alan, i want your support. i have to tell you i will always have israel's back. i didn't realize what he meant would have his back to stab them in the back. he just stabbed them in the back. this will make peace much more difficult to achieve. 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. like getting exposure for your idea or business. with godaddy website builder, you can easily create an awesome mobile-friendly, get you more exposure website. we call that...a website builder touchdown. get your free trial of website builder now.
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patti ann: u.s. intelligence officials say hundreds of chinese surface-to-air missiles could be moved to the country's disputed man made islands over next few months. china says it is effort to protect the three airstrips. they include short, medium, long-range weapons and one battalion of the sa-21 system which can knock out an aircraft from 250 miles away. eric: israel's prime minister benjamin netanyahu vowing to do quote all it takes to make sure the jewish state is not hurt by the ant at the semitic resolution passed by the u.n. security council. he slammed president obama over the weekend accusing him launching an ambush with it rail. u.s. breaking with longstanding past practices vetoing such measures in the waning days of the obama administration,
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allowing the u.n. security council to pass the measure. >> i'm edge corned by the statements of our by our friends in the united states, republicans and democrat alike. they understand how reckless and destructive this u.n. resolution was. they understand that the western wall isn't occupied territory. eric: so what is next for the u.s.-israeli relationship and the pursuit of peace with the palestinians? gillian turner, former beam her of the national security staff the obama administration. >> good to see you. eric: david keys, the prime minister's spokesman saying they have quote, ironclad information that the administration was behind it. the white house denying it. do you think we'll eventually see the ironclad information and do you believe him? >> i believe it when i see it is the best answer there. i believe at this point the
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netanyahu administration is so upset with president obama and his white house they're sort of willing to say anything. i really won't believe it until i see concrete evidence of that. i don't for one personally believe that is true. eric: what about the resolution and what it means for peace? you know critics of course say the settlements are illegal. that they break international law. other supporters say certainly not at all as they continue and the prime minister has shown basically no sense of backing off of the increased building and expanding of those settlements? >> so as you mentioned a moment ago the u.n. abstention by the united states is unprecedented but from a certain perspective it is really not very surprising. the position of the obama administration all along always been continued and unfettered expansion in the west bank is national -- anathema to a two-state solution for israel and palestinians and underminds israel's own long term national security interest. the fact as a last move as
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leaving office he decided to take a really hard stance on this issue, not something i found shocking. there are millions of israelis there in israel and around the world by the way that actually agree with president obama on think, others say that they need that protection. that these are the 67 lines. as you know bennett the chairman of the jewish home party, for example, and some of the right-wing in the coalition they say, this is certainly legal. there is even a bill to try to get more private palestinian land, kind of like eminent domain and this will continue. >> again, those hard-liners are the same people who really don't believe in the two-state solution. they believe israel should rein supreme in the region. that is it. they don't care what happens to the millions of palestinians that live there as well. i caution about that as well. eric: is that fair to say they don't care? i mean they have seen, you know they haven't seen peace for decades. david friedman, designated u.s.
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ambassador to israel is a big supporter of the settlements. he apparently raises money for those as well as questioning the two-state solution basically against night that is a very hard-line approach to take here. somebody like david friedman has the potential as ambassador to really go against the grain and really cause potential damage in the bilateral relationships in the other direction. so if this u.n. resolution, abstention from the u.n. resolution damaging our relationship with the israelis sort of on the left, this is the alternative on the right. we have to focus on finding middle ground hire at the end of the day. simplistic as that sounds there is not room for this grand standing and provocation of rhetoric. people have to come together to work and hammer through the issues here. prime minister benjamin netanyahu has done spectacular job of exploiting our political system here at home over the last four years.
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he completely allied with republicans and conservatives and haven't cared about democrats and that issue as long. i would argue that is dangerous for israel's long term national interest. never before has the issue been so politicized in the u.s. eric: what do you think will happen? friedman against the two-state solution in his commentary could start a complete reset after decade of failure? >> a lot of jews like myself will take offense to his previous comments when he said things like, contrary jews in the united states and in the diaspora who sort of go against west bank expansion and settlement policy are as bad as jews during the holocaust supported nazis. there is a lot to be said about who is offending who here. that all will get washed out. but again it comes down to whether the incoming trump administration is going to be able to work together with both sides, make them feel both legitimatety and equally represented at a negotiating table.
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that's the real challenge. eric: mr. trump tweeted it will change at the u.n. on january 20th. certainly a new era is coming. gillian turner,als always thank you for your insight. >> thank you, eric. eric: of course. patti ann: record-setting blizzards to major hurricanes 2016 will be a year to remember in the world of weather. we'll look back at the events that shaped our year coming up. eric: remembering a pop icon as we have been reporting. george michael passed away. he was only 53 years old. >> did you know george ? >> i didn't know him. see him in the village from time to time. he used to go to the local restaurants and things. we could see him about. i remember a few years ago he and his partner were walking up the steps. sorry, i'm very emotional. >> no, no.
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♪ patti ann: the music world loses another legend. '80s icon and pop superstar george mic call died in his home in england on christmas. weighs 53 years old. he rose to fame in the group wham before going solo with a string of i hit songs. fans gathered outside of his home to pay their respects.
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we're looking live in london. joining us kennedy, the host of "kennedy" on fox business network. thank you for being with us. >> patti ann, nice to see you. patti ann: george michael started out with andrew wigley with wham. a lot of hits started there. >> they were such a huge pop sensation. think met in school. andrew's brother and george had a short-lived band together. as a duo they took the world by storm at a time we were obviously coming off of a huge punk rock phase. they were very unapologetically pop. and for george michael to make the 90-degree turn to his more soulful side which he did with his two first solo records, was really stunning. and you know, he had that incredible pop sensibility. i don't think people realized the depth of his talent, not only to perform some of those songs but to write, arrange and produce them as well. there was some natural tension there between him and andrew, because in one "rolling stone"
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interview he joked with andrew he was supposed to sit there and play guitar and he would take care of the rest. patti ann: interesting. but as you say, he broke out even further as a solo artist. he also came out as gay, not very uncommon right now but back then considered a gutsy move. >> interesting this year we also lost prince. the two of them i think were so adept bending their sexuality and keeping people guessing and sort of challenging gender norms. he really didn't coming out until 2008 when he was arrested for, in 1998, rather, when he was arrested for performing a lewd act just outside of los angeles at will rogers park. he said one of the reasons he didn't want to come out because he didn't want people harassing his mom. and he apologized publicly many times for some of the run-ins he had with the law because he was worried after he came out that it would, it would have an effect on gay people and it
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would be easier for people to den he any great homosexuals because of some of the stuff, sexual and substance stuff that he had done publicly. you know, it is really interesting because there were these demons, there was this dark side that sort of fueled the light in his voice, much in the same way it did with prince. and you hear that, listen without prejudice volume i, which is his second solo album has so many incredible sweeping moment this is is really good time of year for music fans and feeling the lost, listen to faith and listen to without prejudice, without prejudice, and you can really hear some of that unrequited longing that sort of plagued him professionally and personally throughout his life. there are people who say after he left sony records and went to dreamworks virgin for 40 million-dollars swap, dreamworks had to pay sony $40 million, that the music was never really the same.
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he was tortured same way prince was with warner brothers. patti ann: interesting. now in the wake of his death, first of all, surprising 53 years old, he had a serious battle with pneumonia a few years ago and he recovered. >> yeah. patti ann: to die of heart failure at 53, a shock, tributes pouring in. >> you know, goes to show you that perhaps the stress and longing broke his heart. we don't really know. that was from his manager, michael lipman, who said he suffered a heart ailment and died peacefully if his sleep, what you would hope but he was meant to release more music. it is interesting, because five days ago i sent an email to one of my producers saying let's get george michael on the she. i met him several times when he was on mtv i wanted to sit down and talk with him because i had recently been revisiting his music. it is so sad to see someone taken especially he sank beautifully in 1992 at that freddie mercury tribute concert.
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he had sweeping vocal that could almost match freddie mercury and incredible songs. patti ann: you met him a few times. what was he like? >> very smart, conversational and watched a lot of mtv. he referenced mtv in his music occasionally and he was very much aware of his image on camera. and freedom 90 was kind of, icon classic video because he wasn't in it. in 1990, he had all the supermodels before they were supermodels. patti ann: that's right. >> cindy crawford, naomi campbell, linda eadvantage gel lease at that and, there is one important other one. patti ann: that is okay. >> christie turlington. they were all in the video. he wasn't in it. he burned his iconic bsa motorcycle jacket in the video. patti ann: very big back at the time. kennedy, thank you so much for
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your insights into george michael. come from us too soon. eric: i left a rich musical legacy, that is for sure. 2016 going down as a record-breaker when it comes to the records. heavy snowfall and hurricane matthew slammed southeast at the fall let's look with rick reichmuth who looks back. >> from powerful storms to record high temperatures, 2016 was marked by some extreme weather. january started mild but later saw a record-breaking snowstorm in the northeast. winter storm that blanketed new york city. the heaviest snowstorm on record in the big apple, bringing nearly 28 inches of snow and a travel ban to the city that never sleeps. february was mostly mild. but not valentine's day. parts of the u.s. felt some of the coldest temperatures in decades including boston dipping to minus 9 degrees, the coldest it has been there in some 60
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years. meantime in march, quite a south south of the border, snow in parts of mexico. low pressure triggering unusually cold conditions there. that same low served up heavy rain and flooding in parts of the southern u.s. while out west, march delivered more than 10 feet of snow to the sierra nevada mountains in one 10-day stretch. by april parts of texas were pelted with softball-sized hail. multiple hailstorms resulted in billions of dollars in insurance losses statewide. the lone star state saw deadly flooding in april. parts of the houston area seen 20 inches of rain and flooding that left eight people dead. in may, unseasonably hot dry wither in canada was fueling massive wildfires around evacuations in canada's oil-producing region. the fires ultimately affected global oil prices. while in the u.s., powerful tornadoes hit kansas including a an ef-4 near the town of chapman that stayed on the ground for miles.
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june brought heavy rains and deadly flooding to west virginia. more than 20 people died as 10 inches of rain fell in 12 hours. july marked the earth's warmest month on record. in the u.s., warm water temperatures fueled a massive toxic algae bloom in florida, with thick green slime blanketing beaches. august saw severe flooding in the south with louisiana especially hard-hit. catastrophic flooding submerged thousands of homes and businesses as many rivers reached record levels. august triggered a string of hurricanes, starting with hurricane earl maxing out with 80 mile-an-hour winds and landfall in belize and triggered flooding killing three dozen people in mexico. hurricane hermine hit in tallahassee as category 1 storm. it knocked out power through florida and mid at been take. by october, hurricane matthew, the deadliest storm, hit haiti
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as devastating category 4 hurricane. it scraped the coast of florida and came ashore in south carolina triggering inland flooding in the carolinas. by november the u.s. was seeing a major snowstorm before thanks giving moving across the country bringing blizzard conditions to some areas. by the end of the month drought conditions in the southeast fueled droves of forest fires including fires in tennessee that killed more than a dozen people. around the same time, tennessee and alabama saw a series of deadly tornadoes. but in the end, the biggest weather headline, 2016 will go down as the hottest year ever recorded on planet earth since weather data first started being kept back in the 19th century. in new york, i'm fox news chief meteorologist, rick reichmuth. patti ann: president-elect trump announcing he will shut down his charitable foundation to avoid conflicts of interest while he is in office. we'll tell you why the democratic national committee is criticizing that decision and says he needs to do a lot more.
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♪ everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. ♪ patti ann: the democratic national committee criticizing president-elect donald trump for his decision to dissolve his charitable foundation. top democrats now say he should take more steps to avoid conflicts of interest. the dnc releasing a statement that says in part, the trump foundation also has a pitiful record of service and instead served as a slush fund for trump to bribe elected officials, attack his political enemies and
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buy portraits of himself. we're glad he is shutting down this corrupt enterprise but questions remain how the shutdown will compromise the investigation into the foundation. joining us is the deputy managing editor of "the weekly standard." thank you for being with us. >> thanks, patti ann. patti ann: so a dnc communications aid call the dissolving of the foundation a cover-up. deputy communications director of the national committee eric walker saying a wilted figure leaf to cover up his charitable giving. what conflicts of interest evidence is there. >> donald trump this is good first move shutting down the foundation but if he thinks it is going to end things he is completely wrong. now conflicts of interest, the trump foundation made a $25,000 donation to a political committee supporting florida attorney general pam bondi right at the same time she was considering allegations of fraud against trump university.
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of course she did not pursue the allegations. she did not file a complaint against him. there is discussion whether that donation influenced her decision. she says not. trump of course is not allowed, the foundation is not allowed to give a political donation. it's a non-profit charity. so trump had to pay a fine for that. but certainly not the only one. and it's a real problem now. the new york attorney general's office is investigating the trump foundation and they actually have come out and said now that he can not close his foundation before they are done investigating. i think trump would like to think i'm closing it, end of story but there is no way that is going to disappear anytime soon. patti ann: right, yeah. he, trump says he is talking to his lawyers and saying he wants to initiate the process but apparently according to eric snyder plan it can not happen until his investigation is concluded. walker says the foundation has a pitiful record of service. mr. trump is saying in a statement that the foundation has done, quote, enormous good
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works, contributing millions to countless worthy groups including veterans, law enforcement and children, going on to say, quote, i'm very proud of the fact that the foundation operated essentially no cost for decades which 100% of the money going to charity. so where is the truth? >> truth is somewhere in the middle. now it is true that the foundation doesn't have any full-time paid employees which is good because as trump himself pointed out about the clinton foundation, there was a lot of talk about money boeing towards consultants and such that wok for the foundation who were also close friends of hillary politically but thing is, other people have dough he nated money to the trump foundation. trump himself, not so much. his first, his first donation in almost a decade just came last year as he is running for president. and it was only $616,000. given how much trump says he is worth, that is not he very much. sort of wonder does he need the foundation? can he just donate money
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directly to charity? in fact trump's friends who seem to be the friends giving money. vince mcmahon given five million in a year. people are donating to the foundation but not trump himself. patti ann: right. mr. trump meanwhile criticized the clinton foundation during the campaign. he called it a criminal enterprise. how would you compare the two foundation. >> trump is a bit of victim of his own success in this regard. the media wasn't too eager to cover the clinton foundation's conflicts of interest and shady dealings before trump really started hammering them during the campaign. trump himself made the public aware of how so-called charitable foundations might not be as charitable as they first seem. so the fact that people are now looking more closely at his own it's really partly his own fault. now, clearly it is not the same thing at all in that hillary clinton was secretary of state and we know that over half of
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the people she met with as secretary of state were donors to the clinton foundation. that seems a pretty obvious problem. you kind of wonder what sort of payment for access they were getting. now trump hasn't yet had power. he hasn't had the ability to do any sort of favors like that. so his foundation hasn't had the chance to become embroiled in that kind of a thing. that is why it is a good step he is shutting it down before he becomes president. the problem is that the end of the story politically and i think not. patti ann: okay. kelly torrence, thank you very much. >> thank you, patti ann. eric: there are new concerns this hour, patti ann about the health of carrie fisher. she suffered an apparent heart attack on an airplane. we have an update on the condition next and ask a doctor about her health issues, if an 11-hour plane ride from london to los angeles could affect any health issues?
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eric: actress debbie ren they woulds saying her daughter, carrie fisher, now in stable condition in a los angeles hospital, three days after she had an apparent heart attack on a flight from london to los angeles. miss fisher has a history of bipolar disorder or addiction but there is no indication she had any heart problems in the past.
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what could happen? dr. devi, associate professor at the nyu school of medicine. we're all pulling for her. she has been overdrive recently. schedule with the new "star wars" movie, doing lots of interviews. she is in london promoting new memoirs. there is something no more perhaps concerning than being stricken on an airplane in mid-flight. >> sure. she is very, very lucky to be alive. not just for the that she was on the plane but the fact her heart stopped. they had to start cpr. means she had no pulse and the heart wasn't pumping. very few people survive something like that. this is somewhat miraculous for her. eric: they say 15 minutes before the plane got into lax. a nurse on board performing cpr. the pilots radioed ahead paramedics at gate dealt with her. reports say she is on ventilator now at the hospital. family is saying she is stable. if she stopped breathing for pen minutes and you're on a ventilator, what does that mean? >> there are two things.
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if you stop breathing there is problem, both the heart and brain are not gettings oxygen. you can have long-term damage from that. being on ventilator she could still be stable as long as she is getting oxygen in certain areas. she is not off the ventilator. she is not clear yet, right? when i think about these things, i usually think of heart issues, being michael problems or electrical problems which she might have had both. this is the idea, say you're watching tv, right? you have a new tv and it is not working. it is possible there is something wrong with one of the parts in the tv. that is mechanical problem. but it is also possible maybe your battery is not work negotiate remote or the tv is not plugged in properly, right? that is electrical. when someone has a heart attack they're having a mechanical problem. the blood carries oxygen to the heart, maybe that vessel is getting clogged, right? if the heart doesn't get oxygen the heart can't pump. the heart is a pump carrying oxygen to the rest of the body. eric: how do you find out about
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clogged arteries? is that a stress test? >> you can. you have to check different risk factors, high cholesterol, high blood pressure, all put you at risk to have clogged arteries. in her case we think maybe there was an elect call problem. that is where the heart stops pumping because the electricity is not working. eric: finally, an 11-hour flight. we heard in the past about thrombosis, you have to walk around an airplane especially sitting long periods of time. as passengers could that have contributed to her situation? what should we do when we're on long flights to prevent possible thrombosis? >> in her case if she had a blood clot and foes to the lungs, the problem your heart is not getting ox again because our not getting enough oxygen in your lungs itself. that is one problem. if you walk up and down on the plane. if you move quite a bit, that can protect you against a blood clot. she could have been on other medications. with her intense set school,
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sometimes these things can affect your electrolytes. you can have drug interaction shuns. all the different factors could have put her at risk. eric: we're hoping she does pull through. our thoughts with her family and all legion of fans across the country and prayers for her at this hour. dr. devi. good to see you. thank you for advice. >> good to see you too. eric: of course. patti ann: president-elect donald trump sending washington into a frenzy about a controversial tweet about nuclear capabilities. led "fox news sunday" host chris wallace to ask a pointed question, is twitter a way to conduct foreign policy? we'll debate ahead. omething? why not give you some say? or let your driving do the talking. liberty mutual righttrack® finally puts you in control. with savings of up to 30%, with an initial discount just for signing up. take control of your rates. visit a local office or call liberty mutual today at
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>> one of pop music's most enduring voices falling silent this christmas. singer george michael has died at the age of 53. welcome to new hour inside of "america's newsroom." i'm patti ann browne in for martha for martha maccallum. >> food to be with you. i'm eric shawn in for bill hemmer. trib bites pouring in for george michael. he sold more than 100 million albums over legendary career that spannedded nearly four decades .
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patti ann: the tragic newscasting a shadow over the english village where he lived. >> he had 11 hits i think. and, 1980s, you know, i grew up there. i knew all of his hits. it is very sad news. >> i was quite shocked. i didn't hear until late last night.ust so young, really. that was my reaction. it was, he was the same age as me. >> just completely surprised. i knew he was around the village quite a lot. it is shocking to hear he has passed away. patti ann: will carr is live in los angeles. hi, will, what do we know about the cause of death? reporter: well, patti ann, from all accounts his death appears unexpected. a major surprise for the people who knew him best. fans have now created a memorial in front of george michael's home in england, placing flowers outside while remembering the man described in british papers
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this morning as an '80s poster boy and a tormented pop icon. >> sadly, sadly missed. great man. 47 years and been here because he is local man. reporter: george michael's publicist says he had not been sick. his manager says it appears he had a heart attack. michael found success in '80s as part of the music duo, wham, and launched his 1987 solo album, "faith" which helped make him an international star. ♪ reporter: over the course of his career, michael won two gram anies and had eight number one hits on the billboard hot 100. aside from his singing career,
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drug use and his sex life kept his name in the headlines. led to several brushes with the lar over the years. certainly not what fans are concentrating on this morning. patti ann. patti ann: will, what are his close friends saying about him? >> a lot of people, friends, family, fans, reaching out on twitter with messages. ellen tweeting, i just heard about my friend george michael's death. he was such a brilliant talent. i'm so sad. elton john weighing in. he says, i'm in deep shock. i have lost a beloved friend. the kindest, most generous soul and brilliant artist. rip, george michael. patti ann, george michael was 53 years old. patti ann: very young. will carr, thank you so much. ♪ eric: there is new fallout at this hour from president-elect trump's plan to shut down his charitable foundation. you know that has been under investigation by the attorney general of new york, democrat
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eric schneiderman. the foundation has been a source of controversy for mr. trump for many months now. rich edson, live in washington with the very latest. rich, shutting the foundation's door will not end this investigation we're told? reporter: no it is not, eric. senator state attorney general eric schneiderman's office said it is still investigating the trump foundation. as a result, the president-elect can not legally dissolve his foundation until the investigation is finished. in october, schneiderman ordered the trump foundation to halt its fund-raising because it failed to register with state. following reports in the wash upon post claiming the trump foundation used charity money to settle lawsuits for his for-profit businesses. president-elect's transition team maintains schneiderman's investigation is, into the foundation is politically motivated, eric. eric: mr. trump, meanwhile, has refuted that. reporter: he has. the president-elect says the foundation has done good work. in a statement, quote, i'm very
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proud of the money raised for many organizations in need. i will be devoting so much time and energy to the presidency and solving many problems facing our country and the world. i don't want to allow good work to be associated with a possible conflict of interest. of the democratic national committee of this says, quote, the trump foundation has served as a slush fund for trump to bribe elected officials, attack his political enemies and buy portraits of himself. we are glad he is shutting down this corrupt enterprise. questions remain how this shutdown will accommodate the investigation into the foundation. trump transition team says the president-elect will announce next month how he plans to avoid conflicts with his business interests while he is president. eric: seems accusations and questions are not going away. rich edson, thank you. patti ann? patti ann: let's bring in kyle fell cher, a reporter for the "washington examiner." >> thanks for having me. patti ann: new york attorney general eric schneiderman as you
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heard is investigating. you heard questions about the foundation spending benefited his running for president, and violations with filing for irs next year among other things. schneiderman is a democrat. is this probe politically motivated do you believe and are these valid questions? >> i think these are valid questions and whether to ask the attorney general who is politically motivated this attorney general announced his intention of using power of office to investigate other politically-motivated areas such as climate change and exxonmobil. eric schneiderman it's a fair question to ask but at same time the president-elect has real transparency issues that need to be addressed before january 20th. patti ann: schneiderman as we heard, his office said this weekend that the trump foundation can not legally dissolve until this investigation is complete. mr. trump says, and i quote here, because i will be devoting so much time and energy to the presidency, i don't want to allow good work to be associated
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with a possible conflict of interest. so, can we assume that he is going to pull back completely even if he can't officially dissolve? >> it does seem so. at this point it's a public relations nightmare for the trump family. this organization, this foundation has been under scrutiny from many different media outlets for months now. if anything it is simplification of the what their work is going to be and how the president-elect will have to govern the country as opposed to focusing on, you know, his fund-raising activities. at this point it's not really a, it's not really a question how involved he is. he spent very few hours aweek working on it anyway. patti ann: right. >> but it is mostly a public relations simplification for the president-elect. patti ann: one of the things that came out of this scrutiny that you referred to is that he used some money from the charitable foundation to settle lawsuits not related to the
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charity. how big of a problem is that? >> it could be a huge problem for him, especially what this investigation turns up. you know, there are allegations that he wrote a check from the foundation to attorney general in florida, pam bondi. so that's the kind of self-dealing that people are worried about with the clinton foundation. received a lot of scrutiny there. so it is a question at this point of whether or not president-elect was using this foundation for his own gain. and not having that question happening over his head will be huge when he becomes the actual president. so this investigation is a wild card. what it turns up it is still, really anybody knows, but it is something that he needs to get out of his system and out of, away from him before he takes office. patti ann: again it is not necessarily going away. he does become the president on january 20th. what if the new york investigation uncovers
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chargeable offenses what scenario are we talking about playing out there? >> very interesting. he would be facing, that is a state charge. not a federal crime. so he would possibly be facing charges in new york court. one, he is president of the united states. i'm not sure if that is something congress would want to look at as a possible, something that they would want to investigate but it's certainly would be sort of unprecedented for the president of the united states to be facing criminal charges or some sort of charge in a state court while he is also in the highest office in the land. patti ann: yeah. it will be interesting. kyle, thank you so much. >> thank you so much for having me. eric: israel's prime minister, benjamin netanyahu saying his country is considering, quote, a plan of action after what he describe as a shameful decision by the united states to abstain from the united nations security council resolution to prohibit construction in the west bank
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and east jerusalem. you know it broke with the usual u.s. practice of using our veto at the council to protect the jewish state. >> over decades american administrations and israeli governments have disagreed about settlements but we agreed that the security council was not the place to resolve this issue. we knew that going there would make negotiations harder i have and drive peace further away. as i told john kerry on thursday, friends don't take friends to the security couldn't sill. i look forward to working with those friend and with the new administration when it takes office next month. eric: the prime minister also telling his cabinet that israel has no doubt the obama administration initiated the anti-settlement resolution. the white house though is denying that. and says president obama has done more for israel and its
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security than any previous u.s. president. patti ann: a key american ally in the fight against isis, taking the u.s.-led coalition to task. we'll tell you why turkey is set about the air campaign. eric: president-elect trump is conducting foreign policy in 140 characters or list. what is the impact of his twitter tweets on international relations? should they continue in the white house? our panel on this first, here is newt binge rich's view. >> on the tweeting thing, let me just suggest, if i might, we might as well get used to it. this is who he is. that is how he is going to operate, whether it is brilliant or stupid.
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patti ann: turkey is voicing concerns about airstrikes by the u.s.-led coalition in syria, complaining that the aerial campaign in the fight against isis simply isn't doing enough. the critical comment coming only days after turkey lost 17 troops trying to recapture an isis-held town. nearly 40 troops have been killed since august when turkey first sent ground forces into syria. no reaction to the complaint yet from the u.s. or its allies. ♪ eric: president-elect donald trump has been making major foreign policy announcements on his favorite mode of communication, which is twitter. you know that sparked a lot of controversy especially about that one tweet saying he wants to expand america's nuclear capabilities. will he continue to do this even
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once he is in oval office. near is newt gingrich on "fox news sunday." >> own the tweeting thing, let me just suggest, if i might, we might as well get used to it. this is who he is, that is how he is going to operate. whether it's brilliant or stupid. he beat 16 rivals and then he beat hillary clinton and beat the elite media. he ain't giving it up. >> do you think it is brilliant or stupid? >> i think it is brilliant. eric: critics are saying tweeting is irresponsible, not presidential. should he continue? chris bedford, editor-in-chief of "the daily caller." liz smith, former deputy campaign manager for maryland governor and democratic presidential candidate martin owe mall lift welcome to you both. chris, first to you, we'll give you the newt gingrich question, is it brilliant or stupid? >> i think it is brilliant. he is getting around a press which openly has been hostile to him since day one. everything he says they try to misinterpret it, they try to spin it in a way. he found they are not on his
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side. he goes around them. maybe a little cruder not as nostalgic as old fire side chats but just like fdr, he goes directly to the people. he has a huge following. as long as he doesn't say anything crazy 3:00 in the morning he will be fine. eric: liz, brilliant or stupid? >> one thing to use twitter. i agree with some of what he just said, i think it is brilliant to use twitter to sometimes get around the press as a communications tool as a campaign tool. there is a reason why we have never seen diplomacy via twitter. successful diplomatic relations are driven by protocol. they're consistent. they're nuanced. it is really hard to be consistent and nuanced in 140 characters. whether or not you like donald trump's twitter feed or not, consistent and nuanced are two words you never use to describe it. think it is stupid in this case. eric: in terms of the nuclear tweet, you know, chris, they're already walking that back. does he put out there, throw it
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out, maybe to confuse or cause some controversy, especially, even among our adversaries and rivals? but then the diplomats can come in to try to clean it up? >> it will be a lot of hard work for diplomats of the united states in the next four years. i think sometimes he does. we saw when he tweeted about boeing, angry at them, later on, folks it is part of the game. he looks at it as sometimes a style of negotiation. with foreign policy that is really dangerous and he needs to be absolutely careful. he will have to maybe have a little bit more discipline on that. updating our nuclear arms is the conservative position and that position been held by people who he is bringing into the cabinet, by heritage foundation people he is bringing on and a lot of foreign security advisors that there is time to do something about that. eric: we talked more about updating and modernizing. we're talking about that is an issue talking about nuclear arms race, having a race with russia. chris, do you think that is advisable? or is he trying to say "art of the deal," make a negotiation,
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look what happened with ronald reagan when basically ended the soviet union with that. >> ronald reagan said, we will have an arms race. when he was question what he is going to do, we win, they lose. we'll push them over. turned out he was correct. russia is not economically strong. sanctions really hurt. putin has overextended himself. he doesn't expect to be fighting a land war in syria, still fighting a land war in ukraine and want to spend all the money pumping into the nuclear weapons. they can't even pay bonuses for troops in syria. if he wants to act like that, the united states, since he has broken a lost arms treaties i think it would be smart to update, at least update and test our nuclear weapons and have an arms race. eric: liz, tweeting about nuclear capability like that, that frightens a lot of people and to some alarming. >> yeah. it is not a partisan issue. this isn't just democrats, wow, i'm really troubled by this, this is the latest out rage.
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bush 41 and 43 officials came out saying this is troubling practice. this is one thing we know about donald trump, often when he tweets he does it himself. he doesn't do it in consultation with other people. this is a guy who won because he ran as an outsider. he doesn't have the foreign policy experience a lot of presidents have had in the past. so that makes it even more troubling. one thing we know, the end of the campaign, that kellyanne conway and other folks took away his phone to get him off the twitter. it might be smart for state department to follow suit and do the same here. eric: liz, quickly, do you think they will really take his twitter away? they took president obama's blackberry away, because it can communicate? >> i think they need to. i think we've seen some really serious warning signs here with some aggression from china response to the tweets. and you know, him contradicting decades of foreign policy precedent. they really have to do it in this case. he can fire off as many tweets
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he wants about tv shows. just not about nuclear war, how about that. eric: chris, will he be twitterless in the white house. >> no, i don't think they can take his twitter away. when the press already decided hillary clinton would be president of the united states it was so hard for you guys to get your message out. i don't think donald trump will go back. he realizes he is not going through them. going around them just like bill clinton did, just like fdr. that will be the end of that. hopefully he is careful. >> careful. eric: hopefully he is careful. that is the watchword, yes, absolutely, no matter how you stand. chris, liz, thank you very much. patti ann: new developments in the robert durst murder trial. why prosecutors are pushing for witnesses to record their testimony on video. eric: is president-elect trump, as he posted maybe through twitter or not, starting trade war threatened with china? some analysts are taking his tough talk very seriously. >> they haven't played by the rules. i know it's time that they're
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♪ patti ann: critics raising concerns about president-elect donald trump potentially starting a trade war with china. matt o'brien, arguing in a new "washington post" on i'd, while
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mr. trump backed off some of his campaign promises he may take a hard approach on trade. o'brien, writing quote, using everything, voluntary exchange like trade as a deal, where there is winner and loser. the country that sells more than it buys abroad is the victor. undervalueded currency prove enough something must be done and he doesn't need congress to help him do it either. let's bring in the ceo of quantum media group. thanks for being with us. >> great to be here. patti ann: matt o'brien says if mr. trump slaps a tariff with chinese imports it will start a trade war. china is already considering possible ways of retaliating if a tariff like that were imposed. do you agree? >> that is very scary. from is obviously a provocateur. he will upset a lot of people whether he crosses that line and create a trade war, i don't think so. patti ann: interesting. o'brien says, quote, the markets are blissfully unaware and
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naive. he says that analysts are counting on the notion that trump's tough line on china was either a campaign ploy or a proposal that has no chance of passing a republican congress. do you agree with that? >> probably a combination of both. matt has a very good point. the question at the end of the day how many people will he upset along the way, how many countries how many parties he will upset but whether he crosses that line i think is a question still yet to be seen. patti ann: o'brien's point in the article he believes that these tariffs would be a very bad idea. he doesn't understand why the markets are so positive right now. he thinks it has to be that financial experts are in denial that he is actually going through with this. isn't it possible that some analysts actually think this would be a good idea? >> i think the jury is still out on both sides. they're hoping with republican senate, republican president, generally the markets will do well. markets do like a tough guy up there. i think overall i think analysts are pretty much bullish there. patti ann: okay.
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one of the reasons that people say that he is serious about imposing the tariff his appointment of peter navarro to lead this newly-created national trade council. o'brien says that navarro believes we should be using tariffs as a negotiating tool to stop other countries from manipulating currencies, stealing intellectual property, et cetera. navarro is strong believer in using a tariff that way. do you agree with that? >> i think so. it is a good weapon to have. but at end of the day whether or not they're actually going to do it is yet to be seen. it is obviously, it is a very, very strong leverage point but whether or not people are going to cross the line, whether trump will cross the line i think is yet to be seen. the question obviously him being a provocateur i think in itself is a liability. i think markets are really uncertain about it right now. patti ann: all right. another point that o'brien makes in the article that, look, six years ago, a tariff might have been a good idea but china,
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o'brien says, has already done a lot of things that the tariff might have accomplished. do you agree with that? >> a little bit of yes and a little bit of no. trump should look at china as collaborator not a competitor. there is a lot of value that china could add to the states. the states has a lot of value it could add to china. as it moves from competitive nature to collaborative nature i think we'll move into globalization type economy. patti ann: do you see mr. trump collaborating with china? >> no. it's a nice thought. obviously he has very much a competitive nature but whether or not that actually happens i think is yet to be seen. patti ann: thank you so much. >> my pleasure. patti ann: eric? >> patti ann, president obama saying he would be like an open book when it came to transparency. >> i will also hold myself as president to a new standard of openness. eric: remember that? so did he live up to that promise? coming up our panel will debate as one reporter compares the
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obama white house to the nixon administration. and then there is this. >> [laughter] patti ann: you might remember chewbacca and the video that went viral. chewbacca mom, that is. we'll look at that and other videos that captivated us in 2016. >> you were worth every penny. asmy family tree,ing i discovered a woman named marianne gaspard... it was her french name. then she came to louisiana as a slave. i became curious where in africa she was from. so i took the ancestry dna test to find out more about my african roots. the ancestry dna results were really specific. they told me all of these places in west africa. i feel really proud of my lineage,
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>> this administration has been the most secretive since the nixon administration. they have gone after, they have, as you said, criminalized investigative reporting. eric: that was new york times' top investigative reporter james risen saying the obama white house has been like the nixon administration when it comes to its hostile relationship with the press. this after the president promised to oversee what he called the most transparent white house in history. so what happened? bureau chief for talk news joins us, and kevin, let me start with you, welcome to you both. >> thank you. eric: you know, a lot of people say the president has had the mainstream media in his pocket, but critics say the white house was aggressive, antagonistic and hostile to objective reporting. >> they were both. if you were friendly to the administration, you had lots of access, and you probably gave more favorable coverage than you
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would have if you didn't agree with them from an ideological bent. and in some cases, when even people that were supposedly on the same team, people that conservatives or center-right people would say represented folks like the times or the post or some others that may have, that it may have normally gotten a little bit of a pass, when they would do something the administration didn't like, it would be scorched earth. fox news' james rosen knew this better than anyone else when they tapped his parents' house and his own phones during the time when they were accusing him of leaking information that supposedly shouldn't have been leaked. eric: well, also they did more than that to our colleague, the great james rosen, called him a co-conspirator in a criminal, you know, enterprise. basically criminalized his investigative reporting in dealing with that one story. i mean, many say that this was extremely troubling and something we haven't seen from any white house practically in
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modern history. >> well, let me say this, i'm a white house reporter, i am also a democrat. i voted for obama twice. however, i will say this, we have a joke in the basement of the white house that says whatever they say they're going to do, they do the opposite. so clinton said he was going to be the most moral administration, look what happened with monica lewinsky. george bush said he wasn't going to nation build, he did. and obama said he was going to be the most open with the press, and he certainly has not been. and that's coming from somebody when observes it from a democratic side of the aisle. so i have to tell you, this is really awful, and i do know this, that sean spicer -- who is the rnc's representative and will now be the press secretary -- is somebody who i know and i think will be very open. eric: well, talk about being very open, are we going to have a new era, basically, with president trump? as a reporter in new york for decades, you go over to trump tower, you interview him. that's probably not going to
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happen with the oval office, but in many ways each though he's tweeting out and has not had a press conference for, you know, umpteen days, he still in the past has been very open. do you think that will continue? ellen? >> oh, actually, i -- so far i do. but i don't know donald trump. i do know that sean spicer is somebody who has been very open. he is going to be the press secretary. i have full confidence in that. and, frankly, we only have one way to go, and that's up. eric: kevin, what do you expect? you know, usually the president-elect has a news conference. bill clinton, al gore, the morning after they were elected in 1992 standing on the lawn of the arkansas governor's mansion. we haven't heard a peep from president trump in terms of a news conference as opposed to, you know, statements. >> well, we're in a little bit of a different era. you just did a feature on whether or not he's going to be too transparent using his twitter handle. this is a man that has been willing to make transparency
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part of his campaign from the very beginning whether you think it's good or bad. there is an access to him that he enjoys going directly to the people with. i think think has caused more flutter and sputter in ellen's and my industry than it has the actual voters of the country, because we're the ones that get really wrapped up in whether or not we get to do the interview or whether or not our organization had the access. at the end of the day, i think trump's going to be far more transparent, maybe too much in some of his advisers' sense, but i think that only serves to benefit the voters of all parties, because if we can see what the president is doing -- whether we agree with him or not -- we will be a better country at the end of the day. the problem with obama was not that he wanted to make the white house more transparent, it's that he actually accomplished the opposite, made it more secretive while trying to give the appearance of being more transparent. never works. eric: so you see a new era coming up. >> i do. eric: and, ellen, your final
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thought. >> my fight thoughts are, look, there are those of us who normally would be seen as pro-obama in terms of the press, but some of us are very concerned about what president obama did, and we are hoping that president trump is at least more open. eric: well, he certainly is open when it comes to, you know, twittering and in the past meeting with reporters from a personal perspective. i have two foia requests in with the administration, one going back five years. i haven't heard diddley squat on that, zero -- >> and nothing good with foia. eric: nothing, and another one they called me last week. >> eric, you should be thankful they haven't tapped your grand parents' house yet. [laughter] eric: well, they can find out what i'm ordering from chinese food. kevin and ellen, thank you so much. >> thank you. patti ann: lots of the year's most dramatic moments were caught on camera, and abby huntsman shows us the best of the best. >> reporter: surveillance video, dashboard cams and cell
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phones catching some of the year's most dramatic, amusing and downright bizarre moments on tape. take a look at this, an officer stops to inspect a fallen tree limb and narrowly escapes being crushed by another giant branch. getting away with only bumps and bruises. or how about this surveillance video from georgia where a convenience store clerk boldly took on an armed robber, fighting back by hitting him in the face with her hands and part of the cash register. in san diego another thief is caught on camera, but this guy wasn't even after money. apparently, he needed a board or two to catch some surf. and it's not just criminals caught on tape. take a look at these brave people creating a human chain to save the driver of a carengulfe. or these heroes in alaska coming to the aid of a driver whose car flipped over and caught fire. heroism wasn't in short supply this year either, rescuers banding together in maryland to reach a motorist whose car was
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quickly becoming submerged in rushing flood waters. and this woman who was rescued from her sinking car in louisiana, her dog trapped inside until moments later. >> i got your dog. >> oh! >> her rescuer pulled him to the surface. a lot of surprises in the land of surveillance and dash cam videos this year. check out this georgia mom's reaction when she realizes that the cop who pulled her over has her military son waiting in the backseat to surprise her, home from deployment overseas. in houston, texas d.o.t. tower cams caught a car going the wrong way on a normally busy highway. fortunately, it was late at night, and there weren't many people on the road. in phoenix, tower cams caught these lovebirds during the middle of a live traffic report making for some embarrassing and downright awkward moments, especially when police got them down. 2016 has been a tough year for cops, but this dash cam video shows the public what being a police officer is really about.
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community relations. officer bobby white was responding to a noise complaint in a florida neighborhood, but instead of approaching the basketball playing teens with negativity, he joined in the game and shot a few hoops. back up north, an officer saw a car hit a deer, then his dash cam caught the deer, hit the car right back, jumping into the backseat as the driver stepped out to make sure everything was okay. it eventually gave up and ran off into the woods. not like in this deer though which came right up to a cop in texas for a good -- and for some help getting past a fence. animals can be a bit string by this cop mesmerized in lincoln, nebraska. and who could forget this mom's video getting a kick out of a chew chewbacca mask that she bought to surprise her kids? [laughter] that one racking up millions of views online. 2016 was quite a year for caught on camera, and as we all use technology more, what we capture
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on video will only get more interesting. in new york, abby huntsman, fox news. eric: well, everything's caught on camera these days. patti ann: oh, yeah. they say there's ten cameras on you every day. eric: i don't know if i want to see you all. [laughter] patti ann: i agree. on a more serious note, there is a key hearing on tap in the murder case against real estate heir robert durst. the prosecution says he's a threat to witnesses. we'll tell you what the d.a. wants to do, the defense reaction, and how it could affect his upcoming trial. eric: and there snowe -- there s snow in a very unlikely place that was just in time for santa. >> i love this white christmas, it's so beautiful. my first white christmas ever. i'm 34, i'll be 35. i am loving this. your insurance company
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because you'll get the full value back including depreciation. and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call for a free quote today. liberty stands with you™. liberty mutual insurance. eric: well, millions of us are getting a white christmas this year thanks to a winter storm system in the west. >> i haven't seen snow this deep after just one night's accumulation, it feels like in years. so it's kind of reminding me of christmases from my childhood. eric: that's what it looked like in utah, but in the dakotas, a mixture of snow, winds and freezing rain forced police to shut down highways there, and there are warnings for folks not to travel. meanwhile, more than a foot of snow did fall on parts of arizona, but the covering --
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beautiful as it is -- also being blamed for a lot of car crashes, especially in the northern part of that state. ♪ ♪ patti ann: new court or action set for next month in the bizarre legal saga involving real estate heir robert durst who appeared to confess to multiple murders during a tv documentary. now the prosecution says he's a threat to a key witness in the new murder trial against him. his defense team is reacting to the charges saying he's frail, in a wheelchair and in jail, asking how big a threat could he really be. still, the prosecution is pushing to record witnesses on video so their testimony could be preserved in the event they die or are killed. a judge set a hearing on matter for january 6th, so joining us now criminal defense attorneys page pate and monique presley. thank you for being with us. >> thank you for having me. patti ann: durst is suspected of killing his friend, susan burman. the implication being he's already killed one witness, he
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could kill another. he was also charged in the death of a neighbor, but he was never convicted in either death. and defense attorneys say that the suggestion is just meant to taint the jury pool. paige, what do you say? >> well, i don't think there's any reasonable probability that durst can personally cause any harm to these potential witness witnesses. but he has a lot of money, a lot of resources, and if he wanted to reach out and actually have these witnesses if not killed, at least intimidated, that's certainly a possibility. so i don't see any harm in recording this testimony as long as the defense gets an ample opportunity to cross-examine these witnesses, and that's what concerns me. i don't think they have sufficient ed about what these witnesses may say. the prosecution needs the give that to them well in advance of this hearing. patti ann: yeah. a lawyer on earlier said this would violate during canst's right to -- you are thest's right to confrontation at trial.
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the question is, are things going to come up later during the trial that they won't be privy to at the time that they do the videotapes in advance. monique, what about that? >> i agree 100% with paige and with the lawyer who appeared earlier. there is definitely a violation of the defendant's right to confrontation against witnesses that are being called to testify. and it's important that they give over all the evidence that they have, not just ed that relates -- evidence that relates to the specific witness testifying. otherwise it's not a fair process. certainly, any witness can end up dying or incapacitated or lose memory or be under some other threat during the time between testifying and a trial, but that's one of the risks that's always inherent in the process. i don't think just because this person is a wealthy defendant that the prosecution can play by new rules. patti ann: well, the prosecutors are emphasizing that the video
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would only be used if a witness died before their in-person testimony. so what is the harm, paige, in taping the testimony just as a backup in case something happens before the in-court testimony which is scheduled for mid february? >> well, that's a good point. i mean, in a civil case this happens all the time. depositions are taken, videotape is taken of a witness being cross-examined, being questioned well in advance of trial, and then that tape can be used at trial. different in a criminal case though because of these confrontation rights that we discussed. i don't see any harm in them preserving that testimony in case one of these witnesses is truly unavailable for trial by death or otherwise, but they can not use that tape unless the defense has that right to cross-examine the witnesses that we've talked about x that's the reason they're setting this down for a hearing. patti ann: right. so, monique, is there a concern also about just a precedent being set if this is howed in this case that it's -- allowed in this case that it's going to
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be an extra step that is going to be occurring in every trial? because there's the potential for every witness to be intimidated or killed, i guess. >> well, absolutely. and this isn't the first time that this has come up, and courts have been clear. whether you're dealing with a crime that's involving drugs or whether you're dealing -- and there's a lot of witness intimidation there -- or whether you're dealing with a crime like this where the alleged defendant is very wealthy, you've got this circumstance. so courts are loathe to stretch what can and cannot be introduced here. they can preserve the testimony. they can use it for other things. they can use it to rebut, they can use it to confront other witnesses. but in order for it to be introduced on its own, it has to be the case that the defense has access to all of the evidence that they expect to come forward in order to properly confront and cross-examine this witness. patti ann: all right. so what do you suppose, paige, a quick last word, what do you think the decision is going to be after the hearing on this?
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>> well, i think the judge will ultimately allow the prosecution to record the testimony, but the judge will be very reluctant to have that testimony used at trial unless there is a clear showing that the witness is truly not available, and that would be necessitated by death. you also have to think about jury's standpoint in a situation like this. if the prosecution wants their witnesses to come off as best as they possibly can, they want them there in person. they want them there to testify to jury. so i think if you're a jury, if you're on the jury and you're hearing the evidence, you want to see live witnesses. so the court's going to do everything that it can to make sure that happens. patti ann: all right. paige and monique, thank you both so much. >> thank you. eric: new developments now in the search for that russian military jetliner, the one that crashed with 92 people onboard. what authorities say they are fining at the scene. patti ann: -- finding at the scene. patti ann: and a christmas eve sinkhole puts a attorneyed a
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eric: and now back to the news. authorities have now found pieces to that have military russian plane that crashed near the shore of the black sea yesterday on its way from coach chi to a russian -- sochi to a russian military base in syria when it went down shortly after takeoff. all 92 people onboard believed to have been killed. the victims include dozens of
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singers from russia's military choir who were on their way to entertain troops in syria. kit key logan has the very latest. first, how is the search progressing today? >> reporter: erik, this is a huge effort. 3,500 people and 45 ships involved in that search operation. today they found 11 bodies and several fragments of the plane's fuselage. they're still looking for those crucial black boxes. sixty members of the military choir were onboard, they'd been heading to syria to perform for russian troops. now, people have been laying flowers and lighting candles outside the musicians' headquarters in moscow. russia has declared to be a day of mourning for all those who died in that crash, and there were eight journal its onboard, a charity worker, a number of soldiers and, of course, the crew as well. eric: kitty, what more are we learning about what may have caused it?
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>> well, of course, russian authorities looking into several different possibilities. today the military of transport said there's no reason to suspect that this wasn't an accident. >> translator: we think that the reason for the crash could be a technical fault or pilot error, but it will be clarified by the ministry of defense special to mission. >> reporter: now, with this type of soviet era military plane has been involved in several plane crashes in the past over the years. some other theories put forward by investigators include poor fuel quality or a foreign object in the plane's engine. but, of course, eric, finding those black boxes will be key to learning what really happened to this plane. eric? eric: all right, kitty, thanks so much. patti ann: a traffic stop like no other. the officer asking the driver a very important question. >> pretty confident in herer, ti think it's, like, perfect
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timing. patti ann: oh, you don't want to miss this story and how it ended, coming up. [laughter]
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eric: well, a town in michigan is now under a state of emergency after they suffered a massive sinkhole. you're looking at frazier, just north of detroit. the earth owned up, partially collapsing a house and forcing people in more than a dozen other homes to evacuate. the town's mayor says it could take a while before life returns to normal.
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>> electricity's off, the gas is off, water's off. we're looking to reroute so that we can safely get residents in to get their contents, because it looks like they're going to be out for quite some time. eric: it's not clear exactly what caused the sinkhole, but it could be linked to a possible sewage problem that's more than 50 feet underground. wouldn't want to know about a sewage problem. patti ann: on a happier note, a cleveland woman got quite the surprise when she was pulled over by police. turns out, she knew the officer pretty well. >> oh, my god. [laughter] >> will you marry me? >> yes, of course. patti ann: as you probably guessed, she did not get a speeding ticket, she got an engagement ring all courtesy of her now-fiance. >> i'm a cop, and i thought it would be funny to pull her over. she's kind of a nervous person, so i knew that it's probably going to make her a little nervous to be pulled over, but i
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thought i would throw her off. i thought it also would just give us a good story. patti ann: it is a good story. eric: that's just great. congratulations to them both, of course. patti ann: thanks for watching. eric: we'll be back here tomorrow on america ease newsroom. patti ann: and right now a special "outnumbered." ♪ finish. ♪ ♪ harris: this is outnumbered. i'm harris faulkner. here today, meghan mccain, host of keep key on the fox business network, kennedy, republican strategist and fox news contributor lisa booth and today's #oneluckyguy, we welcome back judge alex ferrer -- >> merry christmas. harris: on the day after, and he's "outnumbered." great to have you. >> it's great to be here. harris: we appreciate you flying in on the back of santa's sleigh as he was finishing out. >> hanging on. [laughter] harris: glad you're here safe. >> this is always fun. kennedy: especially on boxing day.

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