tv CNN Newsroom With Ana Cabrera CNN February 16, 2019 2:00pm-3:00pm PST
barbie fashionista line. disability rights advocates are celebrating this saying it removes stigmas and says there's nothing wrong with people who have disabilities. hello on this saturday, you are live in the cnn newsroom. you made it to the weekend. i'm ana cabrera in new york. president trump threatened to do it for several weeks. signing the proclamation yesterday, making it official. the purpose of such an extreme measure, to sidestep congress and get the billions of dollars he needs to build a physical wall between the u.s. and mexico. this will stop what the president calls an invasion of drugs and human traffickers and gangs. he acknowledged that he didn't really need to declare an emergency but did it for practical reasons.
>> i didn't need to do this, i'd rather do it much faster. >> i didn't really need to do th this. calling this an abuse of power. nancy pelosi saying, if you don't need to declare an emergency, then it's not one. legal challenges to the declaration have already been filed and the president made some early predictions as to how those challenges would fare in court. >> we will have a national emergency. and we will then be sued. and they will sue us in the ninth circuit. even though it shouldn't be there. and we will possibly get a bad ruling. and then we'll get another bad ruling. and then we'll end up in the supreme court. and hopefully we'll get a fair shake. >> kristen holmes is in west palm beach, not far from the president's mar-a-lago resort. any word on how they would
counter those legal challenges? >> there's been no public comment on that. we don't expect a public comment when we're talking about a legal strategy moving forward. we have to keep this in mind. the amount of lawsuits is not a surprise to administration officials. we have been reporting for weeks that these officials were warning president trump not to do this, if he did this, it would create a huge legal problem and get tied up in the courts. so luckily for them, they've had some time to prepare for this, but there are already a litany of lawsuits they're going to be looking at. the aclu out of d.c., el paso county. all of them have said they will file a lawsuit next week in order to stop this national emergency. and i do want to note one thing here. anyone who says that they know what's going to happen is not accurate. i talked to a legal analyst earlier today who wanted to stress the fact that there was no precedent for this. we heard president trump saying, hey, other presidents have declared a national emergency
before. it wasn't a big deal. but he stressed to me this wasn't that kind of national emergency. those national emergencies were in agreement with congress, giving sanctions, imposing sanctions on a foreign adversary or declare a national emergency after a terrorist attack like 9/11. this particular instance in which president trump declared a national emergency because he didn't get what he wanted from congress, in order to bypass congress to get what he wanted. that is not something we've seen before. >> kristen, that's the legal lay of the land, i guess. what's going to happen in congress now? they certainly could put forward their own resolution, right? >> reporter: that's right, they can take up a resolution to stop this from happening. the national emergency from taking place. it will likely happen, speaker pelosi will likely bring this resolution forward, the house will vote on it, and it will likely pass in the house. we know the house is democratic controlled. here's where it gets sticky and
incredibly awkward. because of the rules of congress, if it comes forward in the vote in the house, it has to be taken up in the senate. the reason why this is such a delicate situation here is that you have a lot of republicans who are up for re-election in 2020 who do not want to have to make a decision on this. they do not want to have to choose to support the president or not, we know that both of these have political ramifications, but if this vote is forced. they will be on the record, either supporting the president or not. >> kristen holmes, near mar-a-lago. thank you. the president got more than a few facts wrong as he defended that emergency declaration. including his claim that walls work 100% of the time. his own customs and border protection tweeted this video of a wall's obvious weakness. this was in arizona about a month ago. and then just today, another example, u.s. customs and border protection announcing the largest cocaine bust in a quarter century, at a massive shipping port in los angeles. law enforcement officers
discovered more than 200 pounds of cocaine, hidden under the floorboards of a cargo vessel arriving from equi door. here's cnn's tom foreman with a fact check of the president's speech in the rose garden. >> one of the president's chief claims to his fans, it always gets a lot of applause is the idea that the wall has already been started. >> we're right now in construction with wall in some of the most important areas. and we have renovated a tremendous amount of wall. making it just as good as new. that's where a lot of the money has been spent on renovation. >> the second part of that statement is true. there has been renovation just as there has been under every president. and that's all there has been. there has been no new wall construction. this is a fact. there may be some started next month on a very tiny part of it, but for him to make that claim with the other one there makes
this statement at very best misleading. another big claim, el paso had a giant crime problem, they built a wall and the crime was solved. >> when the wall went up, was it better? you were there. some of you. it was not only better. it was like 100% better. >> go to el paso, they have a huge wall, a huge barrier down there, and yeah, they had a huge spike in violent crime. it went way up, and it came way down. the problem is, the wall was built down in this area. crime actually went up after it. all of that had nothing to do with the wall, it happened before the wall. that claim by the president is simply false. one more he really likes to make is about how much drug traffic is coming in over that open land out there. where there is no big barrier. >> a big majority of the big drugs, the big drug loads don't go through ports of entry. they can't go through ports of
entry, you can't take big loads, because you have people -- we have some very capable people, the border patrol, law enforcement looking. >> we don't know what he means when he says big drugs, big loads? we know this, the dea, the people he's citing say no, most of the drugs come through the official ports of entry. heroin, the majority of the flow is through personally owned vehicles entering the united states at legal ports of entry, followed by tractor-trailers. you want some proof. here is the dea showing the loads coming in here. the only type of drug that is coming in illegally, that is more likely, according to the dea to come over open land where maybe a wall would slow them down or stop them, is marijuana. this claim by the president is false. >> tom foreman, thanks for bringing us the facts. joining us now, keith boyken and
host of s.e. cupp unfiltered at the top of the hour. do republicans think this move is a winning strategy? >> i don't think in the quiet places, no, i don't. i don't. republicans at least good ones, good conservatives should be mortified by this. this is the opposite of limited government. this is government run amok. this is executive stealing authority from the legislative branch. it shouldn't happen, it's appalling, it's indefensible. but also just strategically, republicans are aware that this will put them in a very very compromised position come election season when most of them are up again in 2020. >> the democrats who are already on the campaign trail are jumping all over this. here's what amy klobuchar had to say about this earlier today. >> the national emergency that is again when you look at the declaration of national emergencies in the past. it's been for actual national emergencies. it's been for things like
hurricanes and firefighters and earthquakes and things like that. that's the first answer. the second one is, where is he going to get this money? he's going to take it from other security priorities and disaster priorities for our country. >> what is the best strategy for democrats in the aftermath of this emergency declaration? >> i think the best strategy is to give donald trump enough rope to hang himself. he clearly is doing a horrible job of convincing americans that there is a national emergency. even when he made his announcement, he spent the first five minutes talking about trade policy in the u.k., north korea, and china, and everything else except the national emergency. then he goes on about how great the economy is, and the country is. and then he flies off to mar-a-lago for a golfing trip. nothing says national emergency like the president of the united states going off for a weekend vacation to mar-a-lago. nobody takes this seriously. nobody takes anything he's saying seriously.
i think the more he talks about it, the harder it is for republicans to defend it. even if you don't want to be behind it, but realize you can't be opposed to the president. >> what are they going to think if the president decides to declare a national emergency for medicare for all. or income tax increase. something that maybe democrats might support. would republicans go along with that? do you really want to give the power to the president of the united states to declare a national emergency for any reason, because he can't get what he wants from congress? >> here's what i don't understand. mitch mcconnell warned the president ahead of time he may not be able to support this, in fact, if there were a resolution in congress, republicans may push back on the president on this. we'll see how that plays out. but this move obviously would energize the president's base. he knows immigration has been a winner for them. but when you look at 2020. and you look at where the polls show this move falling with the
majority of americans, who don't believe this was a smart play. why does the president continue to try to win the base and win people who he's already won. there hasn't been a sign of him losing this base. >> we just had this conversation. i could not agree more. they have proven over and over again. they're loyal, they're not going anywhere. i don't understand the calculous either. that's one, two, he says at his own rallies, as tom just laid out, he's already building it. he doesn't actually even have to. i'm not making a slight at his base, but they believe what he tells them. and so it doesn't -- i think if trump decided look, we're not going to get the wall, he'll blame democrats, come up with some justification and his base will be there, right behind him as they always have been. so he's doing this for an audience of one, his base. at the expense of the rest of the country even moderate republicans. >> on the other hand, he has made the conversation all about
immigration. he loves the conversation. the focus being on immigration. democrats who took the reigns in january have been forced to deal with immigration. is that in some ways an effective play by the president in preventing the democrats from pursuing their agenda? >> two things. i mean, the president has the power of the bully pulpit. this conversation is something he wants. he hasn't necessarily wanted it on all these terms. he's got to talk about daca at some point, the humanitarian crisis for people who are applying for asylum. he's got to deal with all those issues as well. and the democrats have this advantage with this bill that may be introduced next week. in the house, that would force the house of representatives to come on record and say they are opposed to this, the senate has to vote within 18 days in response to that, you get senate republicans and house republicans who have to take this difficult position of whether they're going to agree with donald trump who is the leader of their party or they're
going to agree with the principals that they supposedly believe in, about limited government and strike down or try to strike down this executive order. >> i'm looking at some of the responses on the sheet here. senator rand paul about this national emergency says this was a bad idea. marco rubio says no crisis justifies violating the constitution. we've heard from senator collins saying, this strikes me as undermining the appropriations caucus. are the votes there to override. it wouldn't override this national emergency? it wouldn't override if two/thirds of senators vote for the legislation? >> i don't think it will get the support, but i'm wrong before. i'm always surprised at how republicans managed to line up behind this president with some very few exceptions.
at the end of the day they line up behind him to pass his agenda, even when these things like this, for example, like his trade policies are fundamentally unconservative. fundamentally, the opposite of what the party used to stand for. language that's actually in the democratic party platform. somehow they manage to get coraled behind him. so -- >> here's donald trump. i'm old enough to remember in 2014 when he tweeted this. republics must not allow president obama to subvert the constitution. can democrats jump on this hypocrisy and do something with that? >> yes and no. yes they can, it doesn't matter any more. we've already seen that trump has been inconsistent and hypocritical about everything.
the whole premise of this conversation is based on a lie. the lie that trump is it going to build a wall. and that mexico was going to pay for it. we've forgotten the whole mexico part of the equation. the american taxpayers are on the hook for donald trump's bald faced lie. it's a lie either way. he told his crowds that mexico is going to pay for something mexico never had any intention to do. his supporters continue to support him. the 35% of americans who still support donald trump. they are hopelessly in bed with donald trump and all of his insanity. >> i have to take a quick break. keith boykins always good to have you. s.e. cupp thank you so much. and make sure you tune in for s.e. cupp at the top of the hour. fast forward a couple days, amy klobuchar is going to
discuss her run in a town hall moderated by don lemon. what police are piecing together in their investigation. plus, a new cnn investigation looks at how kremlin backed organizations are using facebook. the same medium they used to influence the 2016 election to target a new group. and a new twist in the alleged attack on actor jussie smollett. why did police release two suspects hours after their arrest. okay, max...time to help mrs. tyler reach her health goals! i'm in! but first... shelfie!
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underaged girls. i want to bring in sara sidner who's been covering this story from the beginning. what can you tell us about this video? >> the accusations against kelly include what michael avant atty says is a whistle-blower. someone who worked for r. kelly at some point. he knows and can identify the girl on that videotape. i can tell you what the videotape, it's a vhs tape. which indicates this is a newly uncovered tape, not necessarily a new tape. in other words, not necessarily that it was done in recent times. it may have been taped many, many years ago. at this point, we can't verify the authenticity of how old the girl is on this particular tape. what we can tell you is some of the details on this tape which are disturbing and so i want to warning viewers about that.
. the first scene is in a living room there's lots of light there. can you see a man who appears to be naked coming into the frame. he appears to be r. kelly. she refers to her genitalia as being 14 years old. he then responds a couple times also, referring to the age of her genitalia, saying it is 14 years old. there are lots of details, the tape goes on for 42 minutes. in this tape that's been handed over to the state's attorney's office. there are lots of incidence of sexual activity at the hands of a man who has been identified as r. kelly by the client of michael avenatti. i will also tell you, that the aren't details are important is because they mirror a case back in 2002 when the state's attorney here in cook county actually brought a case against r. kelly, that case he ended up
being acquitted on. there was a tape in that case. this is not the same tape we are told. there was a case that had a videotape of a girl, and a man who they said was r. kelly. they charged him with 14 counts of child porn. he was acquitted. the jury could not positively identify the girl or r. kelly on the tape. that was one of the things the jurors had said, they had difficulty with. and so r. kelly was acquitted. i want to mention we have spoken to r. kelly's attorney, he has heard nothing about this tape. he's heard nothing about any new evidence. if you will. he's heard nothing nor has his client. they have not been contacted by law enforcement at this point in time. those are the details in the hands of the state attorney's office. and where we go from here and why this tape is important, could provide new evidence to the state's attorney for them to bring forth some kind of action. we'll have to wait and see if
they're able to do that if all of this pans out. >> do we know when this tape was? i started thinking about statutes of limitation and that sort of thing too. >> yeah. those are all questions we have, and certainly others have. as to whether or not there are statutes of limitation, double jeopardy issues that could come up. the only time we'll be able to figure that out is if there's an indictment or some kind of movement from the state's attorney's office at this point in time. as we stand here outside of r. kelly's studio. we know there are some code violations at the studio, nothing to do with this potential new evidence. there has certainly been a lot of attention placed on r. kelly, because of the surviving r. kelly series that was on lifetime. because of this group of women who came out against r. kelly after many decades of people accusing him of bad and illegal
activity with minors. so he is now getting things like his music is not being played on radio stations. he's having his concerts cancelled. a lot of issues, it's happening to him now. whether or not there's going to be a criminal issue that remains to be scene. >> you'll be all over it. thank you. for the first time, prosecutors say they have evidence of roger stone communicating with wikileaks. details on what this means for his case ahead. a new kremlin funded operation. using facebook, the same site used to meddle in the 2016 election to target millennials. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna. make us better people.istening has the power to change us, with audible, you get more. two audible originals- exclusive titles
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welcome back, the last 24 hours or so, have yielded revealing new details in special counsel robert mueller's russia investigation. we learned mueller's team interviewed sarah sanders late last year. it's not clear what they talked about, but they probably asked her about the public statements defending the president. also, prosecutors have said for the first time they have proof roger stone communicated directly with wikileaks. the judge also put him and his lawyers under a partial gag order keeps them from speaking in and around the courthouse. it probably won't be happening any time soon. cnn has uncovered another kremlin operation that's using facebook to reach americans. as cnn's drew griffin explains,
today you can still see slick videos you'd never know are being paid for by russians. >> the messages are slick, filled with graphics aimed at young left leaning americans, getting news from social media. the videos have been viewed tens of millions of times with messages like this. >> it's pretty amazing that the same country that spent two years screaming about alleged russia election meddling is now applauding u.s. meddling in venezuela. >> what people watching these videos may not realize, is that the russian government is paying for this. soap box wasted, back then. three new facebook pages. and all part of a growing brand of russian backed influence campaigns according to brett schaffer with the partially u.s. funded marshall fund. >> this is targeted at left leaning millennials who are going to be engaging with
digital content. the production value is high. most of this looks like it could have come from vice or buzz feed. >> yes it is state funded. >> it's definitely state funded. you can poll the german registration data. >> we did, the pages are all run by a berlin company mostly owned by rt and funded by the russian government. rt is considered their propaganda outlet by the u.s. director of national intelligence. the report called rt part of the propaganda machine that contributed to the influence campaign of the 2016 election. the slick new facebook pages aren't required to mention their russian government funding. >> it should be clearly labelled. watching these videos. have no why where this information is coming from, so they don't have the information as consumers to be able to judge it fairly and accurately.
>> if it's true that putin is trump's puppet master, well, then, putin is really bad at it. >> cnn spoke to ronia, who hosts magic media's soap box. no one in the russian government tells her how or what to think? >> i can choose my own topics, write my own scripts and produce my own content without input from anybody else. >> the chief operating officer also american answered cnn questions from berlin, germany. cnn pointed out that much of her content seemed to be perfectly in line with much of the propaganda coming out of the kremlin, she had this response. >> if i oppose a u.s. war? does that mean i'm going to be accuses of being aligned with the kremlin. i feel like this is a dangerous mccarthyist tactic by saying leftist views are just the
kremlin government's talking points. >> the three new facebook pages have 30 million views in less than six months. as to whether none of those videos are labelled with a russian audience? they don't care. >> the standard practice is to simply not mention them. because the audience is not interested. >> while 34 athic runs its business from berlin, they hired up to a dozen americans. they are contracted, not directly employed. according to mathic, to avoid labor and tax issues. >> a rare public disagreement. one of the top u.s. generals, in the fight against isis flat out disagrees with the commander and chief. why he says president trump's decision to pull troops from syria could be a big mistake. an exclusive report from inside syria. the battle to air rad indicate
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woman 7: go to mypsaproof.com to see proof in action. we are awaiting what the president says will be big news concerning the fight against isis. he promised an announcement in the next 24 hours. it comes as the top u.s. commander leading that effort speaks out. telling cnn that he disagrees with the president's recent decision to pull american troops out of syria. >> it would not have been my military advice at that particular time. i think the capabilities, the pressure, the approach that we've had in place has been working. and so we were keen to kind of stay alon that track and make sure we finished the mission for which we were assigned. >> as u.s. leaders disagree on strategy. u.s. backed fighters on the grounds are trying to knock isis out once and for all many the terror group clings to a small
sliver of land in eastern syria. ben wedeman reports from near the front lines. >> in it's dying days, isis fights to the bitter end. the small remote, otherwise unremarkable syrian town on the banks of the u frphrates river it a pinprick shadow of its former self. captured in this exclusive video shot by freelance cameramen. it's been hard going with repeated isis counterattacks using their usual tactics, booby traps, suicide car bombs and human shields.
after years of war, isis' foes have scores to settle. syrian democratic forces commander has fought isis known here as daj across northern syria. daj is finished he says, we're avenging our martyrs. it's black banner in his hands. >> the banner like the bombing continues around the clock. these fighters preparing to take open ground on the edge of town. the commander gives the final orders before they move out. >> an armored bulldozer designed to take the impact of improvised explosive devices leads the way. and the troops follow. flairs illuminate the skies the sounds of battle echo in the
distance. the final battle is in its final days. ben wedeman, cnn, eastern syria. >> with me now, cnn global affairs analyst aaron david miller. tell me what it means when a four-star general, the head of u.s. central command says he disagrees with the president about pulling troops from syria, he would not have advised the course of action. this is a bad idea. >> the announcement to withdraw from u.s. forces in december no coordination, no consultation. i'm not even sure that the pentagon was actually informed of the decision. there's no question that the way in which this was done reflects badly, strengthening american
adversaries. the issue of whether or not 2200 american forces in syria serve the purposes, which frankly are varied and very confused with respect to u.s. policy in syria, is another matter, i think in the end you have a willful president determined to untether the united states from wars in afghanistan and syria. he considers unwinnable in a mission they believe they can complete. iran remains the major threat to peace in the middle east. mike pence visited the auschwitz concentration camp yesterday, he said iran is doing the same thing the nazis did. do you think that's a fair comparis comparison? >> the regime is becoming incredibly skilled from promoting anti-israeli, anti-semitic and anti-american
troops. if iran is nazi germany and the ideology the iranians are pursuing is naziism, then you might argue logically that the administration, just as we confronted japan and germany during the 30s and 40s during the second world war has an obligation, no, a moral imperative to essentially destroy iran's position in the region and in fact get rid of the regime. and frankly, i think it would be nice to see a change in regime. but it -- in my judgment, it's impossible and the americans are taking on a role that will keep american forces in the middle east and american resources bogged down for decades. i think morally, i understand where people are coming from, but i think the comparison frankly commits the united states to another complete and comprehensive war. and frankly, this president, if
he's against anything is against pouring additional resources into the middle east. >> the vice president was talking today about taking on iran. although not in the military sense. he's in germany today at this global security conference. listen to what he said a short time ago about discussions he had about iran. >> well, we've had very frank discussions about the iran nuclear deal, and here in munich and in pole land, we called on our european allies to stop undermining u.s. sanctions against iran, to join with us in further isolating iran economically and diplomatically, and to withdraw from the iran nuclear deal. this deal not only did not ensure that iran would not obtain a nuclear weapon. they would have access to the world's deadliest weapons.
we've made that case strongly. >> keep in mind we've heard from american dan coates. the director of national intelligence that iran is complying with that nuclear deal. president trump, though, he pulled out of the iran agreement. we know the europeans are standing by it, how much damage is this disagreement doing to the relationships between the u.s. and all those other countries? >> i think we've created a self-inflicted wound. the iranian nuclear agreement, was far from perfect. most of the other intelligence services notice world believe that iran is complying with. iran's maligned activities in the region in iraq, syria, lebanon and yemen is another matter. i hear the vice president talking tough on iran. the national security adviser talking tough on iran, i don't see the actions on the part of the united states to back up its words. you have a very risk averse president who frankly, given the
fact that he's about to sit down with kim jong-un in north korea, another serial human rights abuser, you have a president in my judgment who could -- would turn on a dime, if in fact he had an opportunity to sit down with -- he said as much, with iranian president rouhani. so again, i think you've got a military risk ready. national security adviser more risk ready, and a secretary of state more risk ready. you have a very risk averse president who's committed to moving i think in the other direction. >> good to have you with us, really appreciate your expertise and perspective on all of this, thank you. >> take care ana, thank you. cnn is learning the u.s. is deploying additional marines to its embassy in haiti's central city of port-au-prince. in order to ramp up security there. the u.s. tells americans do not travel to the island nation.
haiti has been gripped with violent protests for over a week now. multiple people have died. protesters are calling for the president to resign amid soring inflation. and allegations of corruption. miguel marquez is in port-au-prince. you're on the ground, describe what you're seeing, and the danger people are experiencing there. >> anger and defiance is what we're seeing among many people across all parts of society here in haiti. they are extraordinarily upset that the government seems to have done nothing in their words about the rampant corruption. specifically a fuel fund that was set up to help fund projects across the country. they say, all of that money has just been wasted. that caused nine days of utter chaos. where people wanted the president to resign because in an official investigation, the president was named in some of those documents or his companies
were, they believe that he is at the root of this corruption. now, the prime minister is going to speak tonight to the country in a couple of hours here. the president talking a couple days ago, about how he was going to have a plan to address some of the issues that the haitian people have. the issues they have right now are finding food, water and gasoline and kerosene for cooking. there are lines throughout the city, particularly for water. those basic essentials of life itself are difficult to come by until port-au-prince right now. everyone's eyes will be on the prime minister tonight to see if there's some dramatic development. if not, they will take to the streets again. >> thank you for that reporting. good to shine a light on what's happening there. another twist in the alleged attack of actor jussie smollett. why did police release two potential suspects just hours after their arrest? hello to the best part of the day.
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and preparing a go kit, in case you need to get out quickly. for more information on how to be prepared and keep your family safe, visit pge.com/safety. another twist in the attack against empire star jessie smollett. the two men arrested were let go and no charges were filed against them leaving all of us with many more questions than answers. cnn's ryan young has the latest. >> anna, this case continues to have a lot of twist ands turns. 48 hours after arresting two men who they call persons of interest, those men have been released. we're told both are nigerian brothers picked up at the airport wednesday night. meese did execute a search warrant. they got a lot of evidence from there but since talking to them, they decided to release the two men. since that point we have not
heard from the actor. we reached out to the representation to try to figure out what they think about this arrest and the fact that the men were released. we have not heard back from him. jussie smollett called the chicago department to say as jussi coming back from the subway he was tacked. he claims he had a rope put around his neck and fought back against the two attackers wearing a mask. since then, 12 detectives have been working to try to figure out who attacked them. the image of the two persons of interests with put out about a day later. since then, detectives were trying to track those people down. now we know even after being able to use ride share technology and taxi cab receipts they got these two men in the area, they talked to the men and decided they were not going to press charge onz them. they did elude to the fact that there is new evidence in this case. they're not sharing that with us. it will be interesting to see if they get a chance to talk to the actor again to try to put the pieces of the story together.
>> ryan young, thank you. thank you for being with me. i'll be back in an hour from now. my colleague continues the coverage of the news right after a quick break. ♪ when cravings hit, hit back. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna. need a change of scenery? kayak searches hundreds of travel sites and lets you filter by take-off time, layovers and more, so you can be confident you're getting the right flight at the best price. ♪ kayak. search one and done.
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i can worry about it, or doe. something about it. garlique helps maintain healthy cholesterol naturally, and it's odor-free, and pharmacist recommended. garlique welcome to "unfiltered." a lot of big stories to unpack tonight. there is the fallout from the emergency-national emergency. there is news that the campaign chairman may never see the outside of a jail cell again. i'll talk to the former chairman of d in. c about the democratic in fighting as amazon busts out of new york and the latest details in the jussie smollett case. first, constitution mee