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tv   Outnumbered Overtime With Harris Faulkner  FOX News  July 31, 2019 10:00am-11:00am PDT

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>> steve: or particularly good day! >> jessica: welcome back! >> dagen: be hope it's the same intensity in the democratic debate tonight. thank you all. we are back tomorrow. noon eastern time. right now, it is all harris. >> harris: thank you, dagen. fox news alert, president trump declaring the witch hunt over after a judge tossed out a dnc lawsuit against his 2016 campaign. the news, it's "outnumbered overtime." i'm harris faulkner. the president celebrated a federal judge's decision to dismiss a dnc lawsuit accusing the trump team of conspiring with the russians during the 2016 election. the president tweeted, "it's a vindication and exoneration," and declared "witch hunt ends." he treated more this morning. "such a great victory in court yesterday on the russian hoax. the greatest political scam in the history of our country. treason. hopefully the attorney general of the united states and all of those working with him to fight
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out in great detail what happened. never again!" i think that's four exclamation points. john roberts out from the north lawn. >> harris, good afternoon to yo you. this is from april 2018, the filing named the russian government, the trump campaign, wikileaks, and other defendants alleging a conspiracy to try and throw the 2016 presidential election through the release of emails that were hacked by russia from the dnc. the u.s. district judge, who was appointed by president clinton in 1994, ruled that the suit was moved and without merit. he ruled that the government of russia cannot be sued in u.s. courts. that it's only the u.s. governments and the state department that can sanction the russian government. the treasury code, as well. and that wikileaks and the trump campaign had a first minute right to disseminate or encourage the dissemination of the hacked emails because they were not involved in that
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hacking. the judge writing, "there is a significant legal distinction between stealing documents and disclosing documents that someone else had stolen previously." on twitter, the president claiming complete vindication, sink the judge in the dnc case was entirely divorced from the facts, according to judge berry. "yet, another total and complete vindication and exoneration from the russian, wikileaks, and every other other forms hoax perpetrated by the dnc radical democrats and others. this is really big stuff, especially coming from such a highly respected judge who was imported by president clinton." as he pointed out, he says, "the witch hunt ends." the dnc clean and happy. the spokesman saying, "at first glance, this opinion raises serious concerns about our protections from foreign election interference and the theft of private property to advance the interests of their enemies." the judge did refuse to sanction
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the dnc for filing the lawsuit in the beginning, saying that it wasn't so unreasonable a thing to do that it would require some sort of penalizing of the dnc. this is one of a number of big court cases that the president has won in recent weeks. however, this idea of the witch hunt ending might be a little bit premature. because certainly there are committees on capitol hill that continue investigations of the president. in fact, we may hear in the next couple of days whether or not the house judiciary committee led by jerrold nadler of new york is going to go to court to try and force don mcgahn to comply with the subpoenaed to testify before that committee. thanks a lot still in the works here, claiming victory on the witch hunt maybe a little premature. spew on the democrats. you talk about chairman nadler, they are out right now on summer break and still talking about investigations and how far they will go with it. real quickly? >> not to say that it's a witch hunt, but the president is
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calling it one. >> harris: john roberts, thank you. as the president right that this ruling vindicates him? how will it affect the democrats' ongoing investigations i was just talking about? while they back off or continue full steam ahead? house minority leader kevin mccarthy joins me at 1:15 p.m. eastern, so just a few minutes, and i will get his take on much more. another fox news alert, divisions among democrats blaring up as the second round of primary debates kicked off. senators bernie sanders and elizabeth warren king pressed over their far-left policy ideas like medicare for all and the green new deal. actually, they are supporting those ideas, because they didn't come up with the green new deal. is there more moderate rivals warrant they would hand president trump a second term. watch. >> we can go down the road that senator sanders and senator warren want to take us, which is with bad policies like medicare for all, free everything, and impossible promises. >> you are wrong.
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[cheers and applause] >> i don't understand why anybody goes to all the trouble of running for president of the united states just to talk about what we really can't do and shouldn't fight for. >> last year, democrats slipped 40 republican seats in the house and not one of those 40 democrats support the policies out front runners at center stage. >> harris: joining me now, michigan democratic congresswoman debbie dingell. cochair of the house democratic policy and can indications committee. great to see you today, congresswoman. first of all, who stood out last night and why? >> well, several of them had the opportunity to make points, to be out there. i really have to say this to you -- i'm waiting to see how the american people are reacting. i think we didn't have a strong candidate as we did before, we didn't have issues that matter
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to working men and women. i'm glad to see these two days of debates in detroit because we need to be talking about issues that resonate with working men and women and i want to see how people react to it. >> harris: wow, just hurting hearing you talk with candor, as you often do, we didn't have a strong candidate. you are very open about that, being hillary clinton. who on the stage can be double check that you saw last night? >> for starters, we've got to unite behind one candidate talk about issues that matter. we have to talk about trade, having a level playing field. we do have to talk about health care. look, i'm one of these very odd docs that is for medicare for all in the sense that i believe every american has got a right to quality affordable health care. we are the only industrialized nation in the world that does not guarantee all of its citizens health care. our system is broken. i have lived it. the last four years -- and let me make it clear -- i know that
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i am luckier than 99 and nine-tenths of the people in this country. and the days i wanted to cry were a lot. >> harris: congresswoman, i want to get this in real quickly. they got kind of nasty last night. the debate over -- however you want to put it, congressman john delaney and others grilling senators warren and sanders on their medicare for all plan. health care, let's watch. >> we should deal with the tragedy. but why do we have to be the party of taking something away from people? >> know when is the party -- >> that's what they are running on. they are running on telling half the country that your health insurance is illegal. it's is right in the bill. >> medicare for all encumbrances. it covers all health care needs for senior citizens. second of all -- >> you don't know that. >> i do know, i wrote the bill. >> harris: congresswoman? >> i want to say that both -- john delaney, his wife is one of my dearest friends.
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but here is the reality. people who think -- everybody says, don't people want to keep the current private insurers that have? what makes them think it's safe? i worked in the auto industry for 30 years. i thought i would have my health care i retired. if you are a salaried employee it inside gm, ford, chrysler, you turn 65, your health care is gone. you go by your own supplement to. >> harris: but what about people get it on their jobs? medicare for all, what sanders and warren are talking about, you lose that. joe biden, who will be on the stage tonight for the second debate, the other ten, you had him saying, "you can keep your health care. "he borrowed language from former president obama. people want to drill down to what the truth is. does this health care fight -- this my last question for you, congresswoman -- maybe show a little bit of the divide in your party?
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clearly these were far-left ideas. there are moderates on that stage and they will be tonight. >> another far left person and i know that health care is broken right now. the affordable care act gave more people insurance, but for too many people paying higher premiums, higher deductibles, and they can't afford -- >> harris: so do you get rid of private health insurance? >> no, even the medicare for a proposal that we have in the house right now, which was endorsed by the uaw and many other people, would allow the insurance companies to cover other than what the basic's. people could buy supplemental package. but everybody would have basic service, including, as senator sanders said, eyes, vision, hearing, and long-term care. many people in the middle class would end up paying less. >> harris: as you see sanders and warren doubled down on this notion of medicare for all, and they don't have the exceptions they were talking about in terms of private insurance and people with their job, in truth they want to keep. last word, what you think about
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that? >> when i say that the insurance would still be there, how you work with employers, you would have basic coverage for everybody. insurance --dash they can't afford the insurance ever now. it's the biggest challenge small businesses face. in 2008, the automakers had become health care providers that built cars on the side. we got to get real conversations. unfortunately i know more about it than i want to. >> harris: maybe more than some of the people in that stage. that's what john delaney said. this is a business. and somebody shouted it's not. who doesn't think dollars and product are not a business? i don't know. i've got to let you go. second round tonight. thank you, congresswoman. >> thank you, good to be with you. >> harris: interesting to hear another democrat talking about that. more fireworks expected tonight. joe biden, senator kamala harris, such a go for a rematch on the debate stage. remember, the vice president said he's not going to be polite to her. what does that even mean?
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plus, 114 house lawmakers are now in favor of starting impeachment proceedings against president trump. is it too late for speaker nancy pelosi to stop the momentum? house minority leader, and on more topics, kevin mccarthy joins me next. keep watching. ♪ so many of you who have served our country honorably. whether it was two years, fours years, or nearly thirty-two years like myself. one of the benefits that we as a country give our veterans is a va mortgage benefit that lets you borrow up to 100% of your home's value. so if you need money for your family, call newday usa with our veteran-friendly approval process we can say yes when banks say no. give us a call. our mission is to provide complete, balanced nutrition for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure, for strength and energy.
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check it out! now you can schedule a callback or reschedule an appointment, even on nights and weekends. today's xfinity service. simple. easy. awesome. i'd rather not. >> harris: some breaking news right now, we are watching a refinery fire in baytown, texas. this 25 miles east of houston along the gulf coast. it's an exxonmobil complex that you see there and the company says it's dealing with the fire, and there is not a shelter in place as of yet. we will keep an eye on this and bring you updates as they come in. a lot of flames and smoke. we will stay on it. hopefully everybody's out of the way there. a number of house lawmakers
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calling for in impeachment grows continually. as of today, the democratic caucus is just four members shy of a majority, backing proceedings against president trump. yesterday, senate minority leader chuck schumer said he supports house speaker nancy pelosi's efforts to resist the impeachment push despite some members of his own leadership team calling on the house to open an impeachment inquiry. joining me now, house minority leader kevin mccarthy. great to have you on the program. can we do start with where the facts are here? and impeachment inquiry is not the same thing as impeachment proceedings. is there a little slip of hand here? and how it's being put forth politically by democrats? >> if they want to have impeachment without saying the word. remember nadler, he is now chairman of judiciary committee. when he ran for that position, he gets elected by the democratic conference. you know what he said his number one qualification for becoming chairman was? that he would be the best during
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impeachment. this is something he wanted to do on the night of the election in 2016. what else is driving this is the democratic party itself. they are in a spiral. the socialist democrats have taken over. he watched last night, bernie sanders and elizabeth warren. they want to take away your freedoms but want to have a free-for-all of the border. before he left washington, you watched the speaker, nancy pelosi, surrender to aoc. and then just this week we watched internally the democratic congressional campaign committee, they've just fired all their top staff. they are in a spiral downward, because it's an internal battle. the other reason there's more impeachments coming forward? because the justice democrats, the socialist democrats, our primary being all the other democrats. they are this party over and they are winning. >> harris: we will get to the dccc if we have time today, and the firing there. because that is the fund-raising arm. it's interesting, opposition only, how they are in c and
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others in your party have been able to raise some serious cash. let's hold back for second. if they get those votes, what happens? what changes? >> they have to make a decision where they move forward. that move out of committee and take it to the floor. they've got to get 218 votes on the floor to pass it out to go to the senate. if it moves to the senate, the senate has to take it up. but they will reject it right away, because there is no basis for it. what's interesting is the only people craving impeachment are the democrats in congress. you look across the country, nobody's talking about it because they've read the report. anybody who watched mueller's testimony would want this thing ended. it's been three years. but it's this dislike of president trump so much, they can't control themselves. they are emotionally acting instead of acting on facts. >> harris: it's interesting we were saying, here chuck schumer on the senate side saying, "no,
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i support nancy in holding this off." president trump declared the witch hunt is over after a judge tossed out a dnc lawsuit alleging the trump campaign conspired with the russians to steal emails during 2016 election. we reported the news minutes ago. with the reaction to this? it should be over. the democrats have now had 200 days in power. we've got a crisis of the border. they do nothing about it. we've got a trade agreement with mexico and canada that only will make us stronger. you've read "the wall street journal" today, where 99% got an improvement because of the tax bill. your wages are rising. people are saving more. this is based upon republican policies, but the democrats have achieved nothing. what's interesting, not republicans and independents saying it today, it's aoc's chief of staff who even tweeted this month questioning, "what have the democrats been able to achieve?" they can't name one thing they
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have solved the first 200 days because all they turn to is what they've always wanted to do. to try and impeach the president. when the real answer should be, who created this witch hunt? let's get to the bottom of it. >> harris: that intraparty confusion or whatever it is, the divide among democrats, it of course politically helps across the aisle. it certainly hurts their 2020 democratic candidates for president because nobody talks about that. house minority leader kevin mccarthy, great to see you today. thank you for helping me break it down. >> thank you, harris. >> harris: hud secretary ben carson is defending president trump during a surprise visit to baltimore amid the uproar over the president attacks on elijah cummings. herman cain will join me next. ♪ ht from the name it was gonna be packed with sailors. so i immediately picked out the biggest guy in there. and i walked straight up to him. now he looks me square in the eye, and, i swear he says, "welcome to navy federal credit union." whoa friendly alert! i got a great auto rate outta that guy.
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>> harris: wow. police releases body cam video of the ridge rescue and i would. it's hard to see, but two people caught in the raging waters monday night after police say their inflatable raft capsized. they were trapped behind a dam. that's that while you see there. officers hoisted the man and woman out of out of the river e help of a bystander. both of them are home now from the hospital. their injuries, not too bad. wow. police now say they believe the gunman in the california food festival shooting acted alone, but they did find another weapon in the suspect's car. he is 19 years old. he opened fire, they say, on the festival-goers sunday killing two children at a young man. claudia cowan is in gilroy, california with more on the suspect. claudia? >> harris, the picture emerging suggests the gilroy shooter may have been planning a much bigger attack than what we saw here on sunday. a newly-released a search
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warrant reveals disturbing items left in an apartment in nevada where a 19-year-old santino william legan recently lived. investigators found a gas mask, bullet proof vest, and empty boxes of ammunition. according to "the san francisco chronicle," they also found a knife and reading materials on white supremacy and radical islam. a search of his car found park. the gilroy garlic festival turned up a shotgun and a bag of ammunition was found in a nearby creek not far from where police say that shooter cut a hole in the fence to sneak into the secured venue. as they zero in on a motive, authorities are drilling down on the suspects a digital media, looking for clues about his mind-set. what he read and shared with others. on the day he opened fire, the suspect urged his instagram followers to read a book popular with neo-nazis on extremist websites. by all accounts, he kept a low profile. his high school classmates say they don't remember him. his neighbors in nevada say they are of the side. he had no criminal record.
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police say the surveillance footage was taken in stores where the suspect shopped in the days and hours before the shooting. >> in every single one of those cases, we've been able to retrieve video. he was by himself. he was not with anybody else. so that is sort of supporting the thought now that he acted on his own. >> and here at the festival grounds, police continue to process this massive 5, 6--acre large crime scene. they say it could be a few more days before people who had to flee for their lives on sunday are reunited with their cars and their personal belongings. people are being patient, haris. they understand this meticulous, very important police work, and that it takes time. back back to you. >> harris: claudia, thank you. >> i talked to the president over the last couple of days
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about what can we do for baltimore? is very willing to work with people here in baltimore, including with elijah cummings. the president's emphasis is on the people. that certainly is my emphasis. >> harris: that obviously is hud secretary dr. ben carson attempting to ease tensions while speaking in baltimore today amid president trump's ongoing dispute with democratic congressman elijah cummings. fierce pushback over the president's criticism of cummings' home district of baltimore. the president once again defended himself, saying he's the least racist person in the world, because some have attacked him for being racist for talking about baltimore and elijah cummings. i want to bring in now -- you see them, former republican presidential candidate, herman cain. ceo of the new voice. good to have you. i spoke your name yesterday on "outnumbered" as we were having some tough conversations and
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going around the couch. i'm glad you are here today because i want to get your perspective. the white house has dispatched dr. carson to baltimore. you've been all over this country. what are the facts on the ground you can share, and is that a good move? >> i think it's a great move. because, first of all, the president is not a racist. the fact that ben carson went there is probably a good move, because no matter what the president does, what he says, or where he goes, they are going to turned it into a major protest against him and his rhetoric. in his words here's what i do know about the president -- the president really wants to work with the people in baltimore, the leaders, to fix the situation. but instead of focusing on rats, they want to focus on race. that's what this is all about. no matter what the president does, it's a lose-lose
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proposition for him in the eyes of elijah cummings and other black leaders in baltimore. the facts speak for themselves, and they are ignoring the facts. >> harris: do you think we'd be having this deep in conversation with the spotlight on baltimore and some of the areas -- i mean, some have been gentrified and are beautiful. but that unemployment rate has come down under this president and that poverty level is stubborn. it is stubborn at 22%. they have some difficulties here. do you think we'd be focused on that at this point if it had not been for the president and his comments? maybe incendiary, but a catalyst to get us where? >> we wouldn't be focused on this if the president hadn't shed some light on it. remember detroit? and the situation detroit was in under the obama administration? it was a similar situation. things were deteriorating because of the lack of strong leadership. what the president is doing is exerting the light on the
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situation, and he is exerting strong leadership. elijah cummings and others don't like that. because they don't like the president. rather than work to fix the problem, they would rather to continue to cry "racism" and race. that's not what this is about. it's total nonsense. >> harris: dr. carson said that when he was working as a pediatric neurosurgeon in baltimore -- so his perspective is personal in this, too -- he hesitated to send children back to their homes. watch this, i want to get your reaction. >> there was just unabated led problems that were having devastating effects on the mental development of young people. where there was mold. we had large numbers of people with asthma, because the mold in some of the environmental issues pair that was a problem for me
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>> harris: herman cain? >> yes, that was a problem for him, and he saw it firsthand. that should have been a red flag for the leaders of that community, including elijah cummings, that something was wrong. but they didn't do anything about it. and now that we have a president who is willing to shed light on it, they want to play the race card. harris, you and i both know, from the many years you've been in the media, from the many years i've been in the world, that's the last resort that liberals and democrats play whenever they have no response to what i call "sin." shifting the subjects. they do want to talk about rats, they want to talk about race. >> harris: no one says it like herman cain! >> they don't want to discuss at this economy is booming. and name-calling. >> harris: we will bring you
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>> harris: new in the show done over president trump's taxes, california democratic governor gavin newsom has signed a log requiring presidential candidates to release five years of their tax returns before they can be to sit on the state's primary ballot. the president's team promises a legal battle on this one. christina coleman has more from our l.a. newsroom. christina? >> hi, haris. the "l.a. times" editorial board calling made counterproductive, and other critics of this thing you could open the floodgates to a bunch of states trying to pass laws to make specific requirements for ten days to get on the primary ballot. it's no secret, california's liberal democratic governor is known for criticizing the president. now another political attack on trump by indicating he maybe trying to hide damaging information by not releasing his tax returns.
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the log requires candidates to submit five years of tax returns to the california at least nine days before the primary on marc. >> all we are requiring is that people who aspire to be president -- it's not about one person -- they have to disclose returns. issues of self-dealings, conflict of interest, requiring that regardless of political party. you choose to do the right thing, or you can choose not to do the right thing. >> trump could avoid a legal battle over this and get around the tax release requirement by choosing not to compete in california's primary. but one of the president's attorney says, "california's attempt to circumvent the constitution will be answered in court," and the term can be an official said in his statement, "the constitution is clear on the qualifications for someone to serve as president, and states cannot add additional requirements on their own. the bill also violates the first amendment right of
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association." in scope and he can't help local parties which candidates they can and cannot vote for. they have stopped efforts in the past, and federal court yesterday, lawyers for president trump, house democrats, and new york state told a judge they were unable to reach an agreement over new york's efforts to gain access to the state filings, with trump is trying block. harris? >> harris: tonight, democrats will go out on stage and what will be another night of fireworks, standing front and center will be joe biden and kamala harris. he admits he was caught off guard when harris confronted him about busing during the last debate. this time around, he promises he's going to be less polite to her. dan dan heninger, deputy editorr "the wall street journal" and fox news contributor. in the political science professor at iona college. i don't know what less
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politeness looks like, but what does dubai need to do tonight? the sea up for it? he has run three times, can he do at this time? >> what he needs to do is show us he's an authentic candidate. he cannot be terribly defensive. he's going to be under attack primary by harris and probably booker. some of the other people on the stage. but he's got to be authentic and he's got to show us, what are you going to do? last night was a perfect opening for joe biden to walk through. those moderates really took on the two progressives in sanders and warren. so he's got another stage on which to enter. and say, "this is the reason you don't decriminalize the board. this is the reason you don't give medicare for all. he's got a nice entry but it's got to be authentic. >> harris: i agree with jeanne. what tim ryan and john delaney and steve bullock, even amy klobuchar, did last night was really striking. taking ham on the way they did, "are there are choices for the
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democratic party. if we go that far left, we are going to lose. and joe biden, who has defined his candidacy as a moderate left of center to candidates, the one who can get it done, has got to make it clear to both paris and booker that what they are pushing can't win. >> harris: because he still has frontrunner status, we will stay with joe biden. the campaign manager formerly for barack obama, jim mussina, says this is what needs to do. >> he needs to have a moment or he looks talks of the future prehe's done really well talking about the past and president obama and all their work together. but ice got to lay out a compelling vision for the future, and excite some folks. >> harris: jeanne? >> i think he has to be forward-looking at future-looking, that's absolutely true. but he cannot run away from joe biden. al gore learned that question when he tried to run away from bill clinton. it's not a workable strategy. remember, barack obama is his biggest calling card to the
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status. >> harris: i know that was subliminal, that you can't run away from joe biden. [laughter] but he has history! i'm going to take that. >> he's a center. wasn't it striking in the debate last night how little barack obama's name -- did it come about all? >> "the washington post" today, the poignant but complicated friendship of joe biden and it'y relationship with the vice president is going to become located. but obama was one of the most popular democratic presidents in the postwar period, especially among black voters. presumably, they are key to this election. i think jim messina certainly right. he needs to present a vision for the future. but abandoning obama the ladies of the democrats are doing, i think it's really a mistake. >> harris: that's interesting. what does less polite look like? we will know in a few hours. we won't know it right here because you guys rock. thank you very much. the nypd released video of yet another water-dowsing incident.
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this time a man seen spraying water on officers in queens. how state lawmakers are looking to put a stop to the water attacks. plus, a chicago judge dealt a blow to jussie smollett's legal team denying all motions to appoint a special prosecutor in the case. what is next? a live report coming up. ♪ a double. but dad, you've got allstate. with accident forgiveness they guarantee your rates won't go up just because of an accident. smart kid. indeed. are you in good hands? let's see, aleve is than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain.
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>> dana: hi, everyone. i'm dana perino. a big enough that from the federal reserve coming at 2:00 p.m. work at a rate cut meat for your credit card rate, mortgage, car, or home equity loan? we will tell you. our very own peter doocy gives us a behind-the-scenes look of what really goes on in the debate spin room at a tonight's big showdown in detroit. all on "the daily briefing." >> harris: two new york state lawmakers have introduced legislation today that would make it a felony to attack police officers with water. thus, after the nypd released yet another water-dowsing video. a man in queens is seen attacking to traffic enforcement agents last week. there have been at least four other incidents caught on camera across the city in recent weeks, including one where an officer was struck in the head with an empty bucket. david lee miller is in
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new york city, in our newsroom, with more on this. >> harris, this newly-reported incident took place actually one week ago today. the nypd has not released video of what happened and is asking for help to identify the person responsible. the recording was made about 2:30 in the afternoon in the new york city borough of queens. it shows man spring water from a bottle at two uniformed traffic agents. in one man healed the bottle, and the other is a phone, which could have been used to video the incident and anonymously posted on social media. what i didn't count on was having the entire thing documented on a nearby surveillance camera. there were no injuries but police want the man i deed in connection with a charge of obstructing administration. unlike the other episodes, the target in this attack were not police officers, although they wear similar uniforms. traffic agents in new york city are civilian employees of the nypd. meanwhile, two republican new york state lawmakers this morning said they are
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introducing a bill that would make it a felony to throw water or any other substance at police. the punishment, up to four years in prison. >> this time it's water. what's next? gasoline? acid? what will it take for radical left-wing politicians to abandon their hostile antipolice rhetoric towards law enforcemen law enforcement? >> supporters of the legislation -- who, by the way, how their news conference outside city hall -- singled out new york city mayor bill de blasio for fostering what they consider an antipolice climate in the city. de blasio, who has spoken out against the water attacks, was challenged to condemn them tonight during his appearance at the democratic candidate debate. president trump is also weighed in on this country. he is criticize de blasio's leadership and he is calling the dowsing of cops "disgraceful."
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to date so far for people have been charged with misdemeanors in connection with the water-dowsing incidents. >> harris: it's not just the president, i've had people on this very sent talking. a former nypd commander and also the blue lives matter president talking about, what if this ratchets up and it's not just water connects with the big discussion. david lee miller, thank you very much. a chicago judge upheld his decision to appoint a special prosecutor in the jussie smollett case, despite the actor's legal team's efforts to block the appointment, which they call the "travesty of justice." the independent investigator when i look at how the smollett case was handled and why the state attorney's office dropped all charges against him. matt finn in chicago. matt? >> harris, jussie smollett's legal team was just a court here in chicago basically making an 11th hour attempt to try and stop the special prosecutor, but a veteran judge -- celebrity
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attorneys mark errico 's law firm filed a motion arguing that the special prosecutor should be stopped alleging the judge that ruled in favor of the special prosecutor is flawed because he has a presumption of guilt against smollett. today that veteran judge disagrees, saying this is not about his guilt or innocence, rather how can fox mishandled the investigation. the legal teams have been a few other motions to intervene but they were all thrown out today. so now the search continues for an independent prosecutor to work on the case. the actor faces the same or a new criminal charges. former illinois appellate justice sheila o'brien is the woman who successfully petitioned the courts for this special prosecutor, arguing something always smelled about the case. here is former justice o'brien, and that is smollett's attorney describing the actors current state. >> the court found that she said she recused herself, so we need to have another person take a
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look at the jussie smollett case and decide what's to be done. we are going back to square one on the people versus jussie smollett. >> he's holding up coming is very resilient the young man. he's been through a lot but he has tremendous support, and those who know him know he was not involved. they just continued to stand by him. >> harris, this afternoon the city of chicago is suing jussie smollett for hundreds of dollars in damages and the fbi is reporting him for a death threat letter that chicago police say he sent himself. harris? >> that person you talk to was talking about going back to square one in the investigation. it certainly sounds like it. matt finn, thank you very much. major developments when it comes to north korea testing missiles and efforts to keep iran from acquiring nukes. whether president trump's approach with those two nations is working. ♪
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>> harris: a short range ballistic missile was launched off the coast. trump administration will reportedly announce the renewal of sanction waivers this week, allowing foreign firms to work on iran's civilian nuclear program. joining me now daniel davis, senior fellow and military expert at defense priorities. let's break it down country by country. first north korea and your thoughts. >> with north korea, what you see is a stipulation of what's going on, north korea showing displeasure that we're doing these joint exercises with south korea. so they want us to negotiate more. the problem is, we're willing to negotiate, but they're wanting to show they're displeased more than anything else. we're going down the right path. we have to be willing to enter into negotiations and give and
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take once that happens. >> harris: is south korea or any other country a target? what should our response be when they're firing missiles? >> our response should be, nothing new here. this is completely expected. we knew this was going to be happening because of their actions in the past. south korea or the united states is no more at risk now than they were before. this is now just posturing to demonstrate a message that we want to talk. but there's no security issues here. they had these missiles for a long time and we know about them. >> harris: iran, your thoughts about what's unfolding there? >> i was glad to see we gave those sanctions, you know, some waver releases. i'd like to see us do more. if we go in there only with maximum pressure and nothing else, then we pretty much guarantee ourselves failure. if we're willing to go, targeted relief, say, listen, if you change your behavior, we're willing to give, at least something on targeted sanctions.
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>> harris: i hear you saying we're kind of in the same boat with both these countries. we want to sit down with both of them, but the parameters and what we want are different. waiver releases. that helps the people on the ground. i'm curious what do you get with iran if you take the pressure off? >> what you have to do, which washington hates to do, we have to have a situation where iran at least gets something that they want. >> harris: are they more dangerous than north korea at this point and our assets? >> no. both of them are midling to lower powers in terms to what they can do to the united states. our military is providing us with a deterrent that neither one will launch unprovoked attacks. as long as we don't push them too far, we don't have anything to worry about. >> harris: interesting. sounds like we have more time than they do. sanctions are pinching both those countries. lieutenant colonel davis, thank you very much. i'm harris. "the daily briefing" starts now. thanks for watching.
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>> dana: fox news alert on your money. federal reserve expected to lower interest rates any second now, marking the first reduction since the 2008 recession. hello, everyone. i'm dana perino and this is "the daily briefing." the cut by the federal bank could impact your personal budget, everything from car loans to mortgage rates. we expect this decision any moment. christina, the market expected it as well. >> the market has been expecting it. why? because the federal reserve chairman has been eluding to this cut and keeps trying to be more transparent so that everybody can understand what's going on. so i was at the new york stock exchange yesterday speaking to traders. they said they are waiting for this news to

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