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tv   Shepard Smith Reporting  FOX News  January 30, 2017 12:00pm-1:01pm PST

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photographer. she was a white house photographer under the bushes and first lady laura bush's personal photographer. that's it for us here. thanks for joining us this afternoon. i'm sandra smith. here's shep. >> shepard: it's noon on the west coast, 3:00 in d.c. where president trump is defending his travel ban. arguing there are "a lot of bad dudes" out there and he's trying to keep america safe. a lot of americans feel very differently. protests widespread across the nation and some republicans say the president has now gone too far. hurting our cause and potentially our troops around the world. now a u.s. state attorney general taking the president the court. so the president now moving up his supreme court announcement too tomorrow. we'll look at the judges and where they stand. the shakeup on the national security council. president trump's chief
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strategist, steve bannon, getting a seat at the table while the white house denies any down grade for the national intelligence director. we'll look at the facts. let's get to it. first from the news deck, if president trump is trying to divert attention from the backlash over his extreme refugee vetting plan by announcing he will reveal his supreme court nominee tomorrow night, it's largely not working. the news of his executive order led to massive protests at airports across the country. the detentions of travelers from overseas and an outcry from lawmakers on both sides of the political aisle. president trump has defied the backlash and rimmed into his critics, including chuck schumer. >> i noticed that chuck schumer was cheering. i know who his acting coach is.
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i don't see him as a he is, he. i think there's fake tears. >> 5% chance. in reference to a news conference where the senate minor any leading while standing up next to refugees. >> this executive order was mean-spirited and un-american. it was implemented in a way that created chaos and confusion across the country, and it will only serve to embolden and inspire those around the globe that will do us harm. >> senator schumer and other top democrats say they plan to protest the ban at the supreme court and they are vowing to introduce legislation to stop the measure even though they don't have the votes in congress to pass anything on their on. john mccain and lindsey graham
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are pushing back against the ban. president trump says it's aimed at making safe a man. trump did promise a muslim bam. rudy guliani said in essence it's a muslim ban by another name. in a statement yesterday the president wrote in part, my policy is similar when president obama banned visa from iraq for six months. the other countries named in the order are the same countries identified by the obama administration. actually, the order is different. president obama stepped up the vetting of iraqi refugees after officials arrests two iraqis in kentucky that admitted that they used improvised explosive devices against u.s. troops in iraq. according to the post, president obama's move slowed the processing of some visas to a crawl but officials were still letting some iraqis in the
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country. that was one country, iraq. the president's order is for seven nations, iraq, syria, iran, and yemen. it doesn't include the countries where the hijackers came. the uae is a strong u.s. ally and saudi arabia has been as well. still the "wall street journal" reports immigrants from seven countries the president has listed have never killed americans in a terror attack on american soil. it also reports of the 180 people accused of terrorism related crimes since 9-11, fewer than a dozen were from those countries. the greater threats to americans
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comes from home grown terrorists. lawyers say his wife worked for an american security contractor in iraq and that insurgents killed members of her family because of that couple's deep ties to the american military. officials at j.f.k. airport released the man after a federal judge in new york ordered officials to stop deporting refugees with valid visas. the move was in response to a lawsuit at the american civil unions. but it came to late for some. officials at philly's airport detained and turned away two christian families from syria and sent them to qatar. official says they plan to have a list of iraqis that have helped the united states fight al-quaida. more lawsuits are on the way. the council on islamic american relations taking aim at it.
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washington state's attorney general announced he will file a lawsuit in response to the executive order that makes washington state the first state to fight the ban personally. already, some jihadist groups are claiming victory over the executive order saying the policy proves that the united states is at war with islam. they're calling president trump's action the blessed ban. it's exactly what they wanted. we know because they have said so for years. our chief white house correspondent, john roberts, is at the white house. >> the executive order from the white house from the president on down, sean spicer the latest to pick up the torch and carry it at the briefing saying the president's intent is only to protect the homeland from threats abroad. saying the countries, included in this initial portion of the ban, were the ones identify by the obama administration as being potential risks to this count trip. as you mentioned at the top,
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suggesting that president obama put a temporary pause or a slow down or refugees from iraq for a period of months. when you look deeply into the actual executive orders, there's some exceptions to the rule so the white house could defend that by saying we will let some people in defending on a special circumstance. not to dissuading the former president, obama obama weighing in on this. kevin lewis issuing a statement on his behalf saying "citizens exercising their constitutional right to assemble and organize and have their voices heard" referring to the protests" is exactly what we expect to see when american values are at stake." he was referring to an older statement by president obama about what donald trump was talking about on the campaign trail saying that the president fundamentally disagrees with discriminating against individuals because of their faith or religion. the white house says this is not
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discriminating against people because of faith or religion. this applies to all people coming in from the countries. the white house believe it's on legal grounds and sean spicer said a short time ago, we're talking about a small number of people that have actually been affected by this. this is what he said. >> we're talking about a universe of 109 people. there were 325,000 people that came into the country over 24 hours from another country. 109 of them were stopped for additional screening. this is -- we've got to keep this in proportion, folks. this is 109 people being stopped at a 325 over 24 hour period. majority of american as agree with the president. they recognize the steps he's taken were to keep this country safe and to make sure that we didn't look back and say i wish we had done the following. >> the white house also defending this afternoon, shep, the swift some might say
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haphazard execution of the order. the white house said hey, we didn't want to telegraph our intentions and allow people that would do harm to the country to get in before the window of opportunity closed, shep. >> you can't just get in without that vetting. that is dubious. we know now according to the white house the president will announce his supreme court choice tomorrow what more details on that, john? >> as far as we know, shep, he's down to three maybe two people. we understand that the nominee is a man because sean spicer let it slip the word "he" when he referred to the nominee. that could have been a head fake. here's the people on the short list for the seat left vacant by the death of antonin scalia last year that would be neil gorsuch out of denver. he's the one seen as being the frontrunner here. very much in the mold of antonin
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scalia. and thomas hardiman. he happens to serve on the same court as donald trump's sister does, which some people might elevate his chances. if he was to appoint thomas hardiman, he might be seen as doing a favor to his sister. and then william pryor on the 11th circuit court of appeals in atlanta is also said to be on the list. as i understand it, shep, his chances have been waning for a week or so. >> shepard: big shakeup at the national security council before i let you go. they're pushing back on that by saying, it's not a big changeup on the national security council. >> the biggest move is to put the president's steve strategist, steve bannon, on the security council. you might remember in the bush administration, they were thinking of karl rove who had a similar position. he was denied. what people are focusing on is language that sin included in the new makeup of the national
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security council principle's committee. the language of 2009 and 2017 of who is on the council. the language in 2017 says that the director of national intelligence to the chairman of the joint chief of staffs are to be discussed. it's different language than in 2009. but sean spicer said they're included and can come whenever they would like. here he is. >> the idea is that the chairman of the joint chiefs of staff are being down graded is nonsense. they're at every meeting and welcome to attend as well. >> when you look at the law that established the national security council as it relates to the chairman of the chiefs of staff, say they may attend and participate in meetings of the
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national security council what they did would jive with u.s. law. delineates it further because sean spicer said we're holding a meeting on something that doesn't pertain to their expertise and would be a waste of time to drag them to the white house. >> thanks, john. now let's go to josh letterman from the a.p. good to see you. >> great to be here, shep. >> shepard: this matter, the reason they rushed this through, didn't let the national security team on the plane, reading about it and then they announced it before they got to weigh-in on it. customs and border patrol didn't know what to do. the word today seems to be we did that so that all these bad guys or bad dudes as the president put it couldn't flood in here. that's now how this works, is it? >> depends who you ask. certainly there are concerns that if they had signalled ahead of time if they were planning to cut off entry by people that already held visas from certain countries, there could have been
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a rush by those people that try to get in. what opponents say, refugee halts, the four months prohibition on refugees entering the u.s., that couldn't have been done by the last minute for people trying to sneak under the ban. it's a lengthy process. upwards of a year. but at the same time, trump's white house aides are saying that this is the kind of thing they need to do to really clamp down without allowing people to circumvent the rules. >> shepard: is there recourse for those that believe this is the wrong thing to do? >> the trump administration has given some latitude to the cabinet secretaries to allow for exceptions in the event that they're needing. what is inclear is how frequently they will be given, whether they will go to the top and get bogged down in the bureaucratic hurtles or whether it's an outlet for the ban. >> shepard: former president
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obama speaking out today for the first time as john roberts reported for the first time since he left off. we were given the indication we wouldn't hear from him too often. only on very, very important matters. were you surprise to hear from him today? >> i wasn't surprised for two reasons. the president said he would speak out if there were matters that president trump that pursued that violated what obama called core american values. president obama in his final weeks in office laid them out explicitly. he said a muslim ban said is something he would have to speak out and if trump tried to deport people brought to the u.s. illegally as children that would be something he would do. trump has also been citing obama and his selection of these seven countries as a reason why trump did this. that's something that obama said he needed to put an end to. >> shepard: thanks, josh. >> thanks. >> shepard: we're tracking the fallout with new protests
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scheduled at airports across the nation. we'll go to one of the nation's busiest for a first-hand look. that's coming up on a business monday from the fox news desk. good to have you in. are you getting this? these numbers are off the charts... sir! what's the status? there's a meteor hurtling towards earth. how long until impact? less than a minute. what do you want to do, sir? listen carefully... if we all switch to geico we could save 15% or more on car insurance.
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he insists he didn't cause the turmoil. protesters holding signs and chanting in atlanta and dozens of international airports across the country. there's plans for ten demonstrations this week at major u.s. airports. that's according to a group that tracks protests using social media. senator schumers tears and a computer outage at delta contributed to the big problems at airports over the weekend. the airline reports its computer systems didn't go down until last night, 48 hours after trump signed the executive order and just as long as people took to the streets and airports to protest. jeff flock is live at o'hare. they detained more people there today, yes? >> they have, indeed, shep. this is the international arrivals area. these three people here, they're attorneys that volunteered to help anyone that has been
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detained or attempted to be deported. we've learned that three people were detained here at o'hare. they were iranian nationals. they were detained. one of them has been released. you can see protesters. small group here today. these ladies came out with signs to welcome anyone coming into o'hare. it's important to make them feel welcome. if we spin back over here, this is a compound essentially set up by these volunteer attorneys to help anyone that comes in. they say it's not clear right now what is being enforced, the president's executive order or the judges that have stayed the order or a part of it that says if you have a green card or a refugee with a valid visa you can't be deported. you can be detained. there's confusion how that is playing out. folks continue to come in. attorneys still out here.
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the president says it was delta. i don't know. >> shepard: jeff flock at o'hare. thank you. president trump set to announce his supreme court nominee tomorrow night. no matter who it is, the president will face a fight. ready for a filibuster attempt. ahe ahead, what the democrats can do and how republicans can battle back. that's next.
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>> shepard: president trump is set to announce his supreme court nominee ahead of schedule. >> i've made a very big decision on the united states supreme court that will be announced tomorrow night from the white house at 8:00. a person who is up believably
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highly respected and i think you will be very impressed with this person. >> shepard: live coverage tomorrow. the move comes amid the fact that he's facing backlash in the united states and frankly around the world from this travel. the court seat has been empty nearly a year. it was president obama's seat to finish after the death of scalia. if the senate confirms the nominee, conservatives would have a 5-4 advantage on the court. republicans blocked the nominee saying the new president should fill the seat. democrats are proposing to fill the seat no matter who it is. the oregon democrat jeff merkley is threatening a filibuster, accusing republicans of stealing the seat. right now republicans need 60 votes to move ahead with a nomination. the gop leaders could change the
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rules that they would need 51 votes. the democrats did that bus didn't apply to supreme court nominees. who do you think it will be here? >> one of two judges, neil gorsuch or tom hardiman out of pittsburgh. >> shepard: why those? >> there's been so much reporting on this. it's narrowed down to these two. bill pryor from alabama was on the list as well. with gorsuch and hardiman, you'll get a couple conservatives that have no hot button issues like abortion that the democrats can fork them with to raise. >> shepard: it's our understanding that they ran all of the different candidates through algorithms to try to test their conservative. there's no way to know unless
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you ask them questions, which you're not supposed to do. >> this is a big moment for donald trump. the death of antonin scalia and his promise to replace scalia with a justice like scalia was one of the big reasons that donald trump won the presidency. >> shepard: the polling confirmed that. >> a lot of christians say they voted for trump for that reason. so he created the list of 21 judges out there, all of whom fit the scalia mold. that helped get him elected. so gorsuch and hardiman are both on the list, this is another campaign promise that he's fulfilling. it was a very big deal for him. >> shepard: the bottom line, they're widely seen as conservati conservative jurists that wouldn't stray but we thought that on many in the past. >> there's very little evidence that gorsuch or hardiman would stray. they've been very reliably conservative. i don't think it matters too
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much who he would nominate. we'll see a civil war among the democrats. democratic side is the more interesting piece of this equation. >> shepard: how so? >> because the democratic activists, the grass roots, because of say the immigration ban, they're out there protesting in the streets, they really have the wind at their back. they feel that trump is vulnerable in their mind and anything trump does they have to fight tooth and nail. they're going to put a lot of pressure if the democrats do a filibuster, it will put a lot of pressure on the eight democratic senators that conceivably would vote for trump's nominee. they're vulnerable in the election two years now. >> shepard: it will be interesting to watch and begins tomorrow. this larger movement, these demonstrations at airports across the nation, do you see a parallel with the tea party? is it possible this might turn into something like that? is the organizational structure
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there? >> it could turn into something like the tea party among the democrats. there's ascension now between the leftists and the moderates. chuck schumer is feeling pressure. you have this battle with the chairmanship and people saying they're as left -- elizabeth warren has come under pressure from the grass roots populous in the democratic party. so yeah, something like the tea party could be coming together. it will take a lot of organization to do that, but they feel they have an opportunity here to weaken president trump with the immigration ban. if they get organized, they will be around. >> thanks, den. good to see you. >> shepard: next, i'll speak with a former united states aide worker that said he lived alongside iraqi interpreters and marines in iraq. lived with them that helped our troops so much during the
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the life of a gop lawmaker snuck into a gop retreat last week. the president and vice president were both in attendance. so security concerns in hindsight. the news continues after a short commercial break on fox news.
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tomorrow, i'm gonna step out with my favorite girl. ask your doctor about entresto. and help make the gift of tomorrow possible. >> shepard: as we have reported, democrats are planning a rally against president trump's extreme refugee vetting ban in front of the supreme court tonight. this comes as big name gop lawmakers are criticizing his executive order. mccain and graham issued a joint statement calling it a self-inflicted wound in the fight against terrorism. president trump fired back using twitter saying the joint statement of john mccain and lindsey graham are wrong. they should worry about isis and border patrol instead of looking
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to start word war iii. dianne feinstein says she's issuing a bill that would overturn the president's order. democrats would need bipartisan support to pass it. mike emanuel on capitol hill. any shot of that? >> that would be a long shot. democrats are the minority in congress. dianne feinstein will issue two bills. the senate minority leader, chuck schumer was was on the senate floor blasting the way the trump administration handled this for poor planning and execution. schumer is looking ahead to his party's response. >> this evening will ask to repeat this. senator feinstein has thought out legislation to repeal this. i hope mitch mcconnell allows that vote.
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11 republicans, not just the ones you shown have spoken out about it. >> schumer is putting pressure on the 11 republicans that expressed some concern about the way this executive action was rolled out and trying to pressure them to voting to repeal that executive action. >> shepard: what level of concern? what are you hear something. >> some republicans say they don't like the way it was communicated. they're not clear and the message about why they were taking a closer look at the vetting. others say they didn't like the way it was rolled out. rob portman went off the administration a bit saying essentially it was rushed through. so he says there's been some problems with implementation. portman suggested slowing down. the republican majority leader urged caution, but defended making sure the vetting process works. >> to the extent they're trying to improve the vetting process, that's in order. we need to bear in mind that we need to remember that some of
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our best allies in the war against islamic terrorism are musli muslims. >> this comes as republicans want to shift the focus getting back to president trump's cabinet nominees confirmed. don't expect democrats to let this go, shep. >> shepard: mike emanuel, thank you. our next guest is a man named kirk johnson. he worked on the ground in iraq as a u.s. aide coordinator to help with reconstruction efforts in fallujah in 2005. i was reading through his tweets this morning. 53-page tweet. in part of them, johnson describes the sacrifices that iraqi interpreters make. he's testified before congress on this matter. he says many of them died trying to help the united states. johnson writes, and i'll read a few here --
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>> shepard: as we reported, the pentagon officials said they will submit a list of iraqis that fought alongside the troops to the white house. let's bring in kirk johnson. he's the author of a book "to be a friend is fatal." "the fight to save the iraqis america left behind." he's the founder of the list project that describes itself as a nonprofit that helps iraqis that were in danger because they worked for and with the u.s. government. it's great to see you.
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i enjoyed your tweets. what was your purpose? >> i've never tweeted before. i don't know that i ever will again. the only reason i wrote those tweets was to try to get a message to president trump because i don't believe that he is being ably served by his advisors and whoever drafted this ridiculous order. i wanted him to understand the incredible vetting pressures that already are in place for the tens of thousands of iraqis that have risked their lives to help our men and women of the armed forces. there's so much misinformation about this. a lot of normal americans are confused about what is going on. they understandably think what is wrong with trying to protect us from dangerous people? the reason i tweeted these is to try to inject a little bit more of a sober conversation about
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what happens. you don't get to ride along in a humvee, alongside marines unless we know who you are. my colleagues regularly submitted to polygraph examinations. they've had eyeballs scanned. in order to apply, they had to have u.s. members vouching for them, aides, diplomats. many of the times they have u.s. government issued badges, which most americans don't have. the most documented refugees on the face of the planet. the past ten years, a bipartisan program was put in place to recognize the debt that we owe them as a nation. tens of thousands of visas were set aside for them. hoops that they had to jump through. many many cases it takes years for them to navigate a complicated rigorous and extreme vetting process. so extreme that it takes an interpreter who worked alongside our marines on average two years
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to make it to our country. what the ban has done very unfortunately is it has essentially left these people behind. i was talking with people in the state department, senior people, who were not consulted on this at all. they were refreshing the whitehouse.gov website to see what the order would ask of them. i've heard from u.s. generals, active serving generals, that said this was heinous and counter productive because our military needs interpreters. they need people to translate in the war against isis. if we are seen as a country that uses them, makes a promise to them to give them a visa that they have earned and none of whom are trying to come here illegally. they're doing everything that our government has asked of them, we're not going to be able
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to have many allies come to us in the future. we're not going to recruit interpreters in future wars. i cannot stress this enough. this is not some willy-nilly process where people can sneak in. these are people that go through every possible measure they're -- they meet with agents from the department of homeland security who traveled to the region to sit across the table from them, looked them in the eye and asked them about their religion, about beliefs and friends, about their service. they check their biometrics. we know who they are. so why i wrote this, i don't want these people to be left behind. i should say that all refugees go through this screening. i can understand, you know -- there's -- nobody would debate the idea that we should protect the homeland. i worked in fallujah. i understand there's bad people that want to do harm to
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americans. all i'm trying to convey to the president is that he is screwing over on the poor advice of his advisors that people, the very people that are trying to help us kill terrorists. i'm just urging him to reconsider and to revoke the ban and to understand what system already exists to protect americans from any foreign threats. >> shepard: dirk johnson live with us this afternoon after a bit of a tweet storm this morning. i can't thank you enough. thanks for coming. i appreciate the time. >> thanks for having me. >> shepard: iran is just violated the u.n. ban on testing ballistic missiles by testing a medium range rocket. so now what? response from the white house and a live report from the pentagon next.
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ing . >> shepard: fox news has learned that iran test add ballistic missile violating u.n. rules.
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officials say it happened at a test site about 140 miles east of tehran. they say it was a medium range missile that flew about 600 miles and blew up. a u.n. resolution bans iran from conducting missile tests of this nature. jennifer griffin has more. what's been the reaction to this missile test, jen? >> we broke this news this morning. white house spokesman sean spicer would say that the administration is now aware of the missile test. wouldn't go further than that. israel's prime minister issued a statement saying the violation shouldn't be ignored. "this is a serious violation of the u.n. security council resolution. i will meet president trump seen and the issue is to renew the sanctions against iran."
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and also addressing the failed agreement on the nuclear abilities that is from benjamin netanyahu. this is in terms of how far they will go to punish iran for breaking the security council resolution. the obama administration worked through the security council but did not re-impose sanctions for the nuclear deal. >> shepard: there's a presidential memo on defeating isis. i understand you learned more about it? >> it was signed yesterday and gives trump's team 30 days to come up with a comprehensive plan to defeat isis. over the weekend, president trump spoke with the saudi king and broached setting up safe seens in syria and could entaken no fly zones.
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it's not clear if the president will work with assad. here's sean spicer with more. >> this comprehensive strategy and plan must include a change to rules of engagement and other policies that exceed international law. >> shepard: there's some evidence that the weekend commando raid, that some of the engagement rules have been loosened. >> shepard: thanks, jennifer. we'll be right back.
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>> shepard: the white house defending president trump's decision to add his top strategist to the national security council. the white house denied that the president has demoted the national intelligence director
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and joint chiefs chairman. he said the president just made council meetings option for those two officials. let's bring in tara moller, the spokesperson for the counter extremism project. good to see you. >> good to see you. >> shepard: this is easy to push away saying there's nothing here. what is this? >> there is something here. some people might push it away and is say it's bureaucratic reorganization. two things that are significant here. number 1, you're right. joint chiefs and the dni were both given nonmandatory rules on the nfc principal's committee and the promotion of steve bannon, a political advisor. these are departures from the past. i'm glad to see sean spicer modified the order saying they will be adding c.i.a. director pompeo on. begs the question why this was happening after the case and not
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initially announced. >> shepard: steve bannon, a very controversial figure. do you have legitimate concerns about him? >> there's two areas of concern. we can talk about steve bannon all day long. there's reasons to be concerned. with some of his viewpoints on a wide range of issues. put the politics aside. the national security council is intended to advice the president on the highest matters of national security. it has cabinet level officials on there and individuals with extremely high levels of military experience. there's a reason that political advisors don't fit on the national security council. there's a reason that david axle rod and karl rove under the obama administration and bush administration didn't get the status that steve bannon just got although they were allowed to sit in on meetings if the president wanted them too. there's a reason. we don't want our military and national security scenarios to
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be influenced or politicized. this is something critical to the national security council and critical to most of our national security decisions. so it was an unusual departure from the past, even putting aside the issues that many people have with steve bannon himself. >> shepard: so you want the facts gathers without a political tinting to it in the first case. >> exactly. it's the same reason the president's daily brief comes from the c.i.a., the same reason that intelligence is removed from the political process. it's supposed to be objectively handled by military issues. and presidents in the past hav . >> thanks, tara. >> thanks for having me. >> shepard: the news continues in just a moment. the headlines at the top of the hour moments away. a meeting? it's a big one. too bad. we are double booked: diarrhea and abdominal pain.
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>> shepard: there you go. live from houston friday and saturday at 3:00 eastern, noon
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pacific for the super bowl festivities. they're happening on the big fox network. the dow, not a good day on the dow. maybe tomorrow. neil cavuto is next. >> neil: all right. is this the market's way of saying president trump, we have a problem here. neil cavuto here. the stocks suffering their first decline in weeks. and not so much the issue of the travel ban, there's a lot of different angles on that, but more to the point, whether it gets in the way of the president doing something that wall street wants to see it do. cut taxes, cut regulations. today with stocks getting drilled, even when the president was out lining his plans with members of his national economic council and

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