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tv   The Kelly File  FOX News  December 18, 2013 9:00pm-10:01pm PST

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here because we are definitely looking out for you ft.
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s >> including some of the our most severely injured and wounded warriors they're the 11 who's are going to have to pay. welcome to the kelly file. talking about whether they'd do it? they did it the house passed the bill last week, only then did we learn it included cuts to the retirement of our veterans most serving while our nation fought two wars in iraq and afghanistan. many were asked to return to the battlefield again and again. doing 2, 3, 4 tours of duty there was a promise that this day would not be coming.
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many returned home severely disabled. forced to quote, retire but it's a disability, forced retirement. now, have to sacrifice, again the cover of a budget gap. military families have come forward to tell us >> all we're asking are members of congress and leaders to honor their work. we don't have a union representing us all we have is faith in our government to honor promises to those who served many of us agreed to stay in military longer because the military needed us. we want hem to honor their word it's not too much to ask. >> joining me now is ron johnson. voted to approve budget deal today. a lot of people voted for them, they were
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cowards they didn't want to defend it. you d you're a stand up guy. so people are upset about that. >> i'm not going to defend, it's outrageous. so that is the worst part of this compromise deal. i voted for the compromise deal, it's impossible to convey the dysfunction that is washington ask united states senate. you know? that dysfunction causes all kinds of economic harm. i didn't didn't want to see another government shut down. this agreement prevents government shut downs through 2015. there is bipartisan agreement and it's in honoring the promises of the finest among us i'm going to make sure that that part of the bill is reversed there are plenty of areas we can
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find $6 billion. >> i know. there are $17.5 million tax breaks to brothels. brothels $17.5 million. wounded veterans have to take? >> i have got tom coburns book, this book shows $30 billion per year in discretion nary waste. >> help us understand. you voted for that. that waste you just voted for. >> we, megyn. >> why did they cause the problem now? >> we didn't get an opportunity to put amendments to fix it this is an up or down vote we had one shot. you know, i didn't like that. >> why wouldn't you say no? explain why not say no this, isn't good enough because you're screwing over the vets. >> because our economy is
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hurting because of the dysfunction in washington, d.c. one of the things this does is give us a budget number so agencies and committees can start rationally prioritizing spending. will being for areas of waste, started eliminating them. starts to do its job. we haven't passed an appropriation bill in the united states senate in two years. that is the function of congress. to pass funding for it and we haven't done one appropriation bill in two years. i thought it's about time despite certainly, just a little bit to our economy so we can provide confidence to business leaders so they can create jobs. >> you've got, okay. there is a minute left. senator patty murray, a democrat and congressman paul ryan put this tolth. >> right. >> a republican. >> she came out and negotiated this deechlt okay? she's very actively involved in
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tradeoffs she says included wounded veterans. >> that is a mistake. she negotiated this. this makes american people feel like people don't know their you know what from their elbow. >> that is right. this is a terrible process. i'm a manufacturer. yif you don't hav a good process you have terrible products. patty murray guaranteed she'll fix wounded warrior. i'm confident we'll find mandatory savings. this doesn't kick in until 2015. we'll correct this, that is my guarantee to finest among us, naem protect our freedom. >> good for you for talking about it. senator, thank you. >> merry christmas, >> you, too, sir. >> developing tonight a federal
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judge has strong words for the obama administration. this is the second warning for white house this week. the first was a george w. bush appointee. the president now taking incoming from both sides of the aisle on the bench well. told you a federal judge warning the sp program will likely be judged un-constitutional. and another to keep secrets about international development efforts. district judge here ellen seigel huvell went after this administration saying the government appears to adopt cavalier attitude president should be permitted to convey order was out public oversight to engage in what is in effect governance by secret law and she'd had enough. joining me now
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is judge andrew napolitano. she seemed ticked off to me. >> you know, i've been watching and you've been watching freedom of information act for years. the preassumption is that if there is a secret that would harm everybody, the government has to prove why it's a secret the president of the united states of america signed a document that had to do with international trade. distributed the document to employees of the state department. after out there, decided it should be made classified. >> cat is out of the bag. >> exactly. arguing to this judge he can classify whatever he wants. >> his first time any administration made a broad claim, the judge said. this is unprecedented. >> first time in modern era a judge has directly slapped down
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the president of the united states saying you can't do this. the quote just read is devastating to him. she accused him. she's a judge appointed with bill clinton and an active democrat >> right. right. >> she accuses a testimonyic president of governor nans by secrecy. that is a devastating blow to him. i don't think they're going to appeal it. think a dog with a tail between it's legs. >> they better, she's saying you're trying to avoid pubic oversight to engage in government by secret law. which could be, that is pretty strong language. this is the first time a federal judge reversed an order of the president. >> correct. >> and the first time a president tried to claim executive privilege on a broad basis. she called this almost, orwellian. by the administration. what are these judges trying to tell the
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administration? >> how to control. that the administration is accumulating power in executive branch. executive branch not sanctioned by federal law. not permit by the the constitution on two sides of the judicial aisle from a conservative republican and liberal, then they had their politics but they're human beings and had a life before they're on the bench. both saying to the white house out of control, dial it back. both in the same week. they have to repeal nsa rule because that will gut 90% of this. >> it's not so much the document. it's the way they handled it. >> right. the belief he can do whatever he wants. it's consistent with his presidency. >> judge, good to see you. >> merry christmas. >> merry christmas, to you, my dear. >> big news for one of the
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biggest television shows in america. a & e decided to put phil robertson on indefinite hiatus after he made controversial remarks about gays. this is just breaking we're going to have more on whether this was the right move, whether this is fair coming up later. up next, first lady officially joined efforts to promote obamacare. we'll show you how and tell you why you might find this interesting. and also, why a guy now known as pajama boy has become the new face of the health care overhaul. does this make you want to buy from health >> no. >> he's inspiring some parodies and some jokes and some comparisons to a christmas classic. >> my feet began to sweat as those two fluffy bunnies and i
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>> announcer: from the world headquarters of fox news it's "the kelly file" with megyn kelly.
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it is now just two weeks to january 1st when millions of americans who lost their insurance because of obamacare are supposed to be enrolled in new plans for the new year. today the white house unveiled a new pitch person, first lady michelle obama. in a meeting with moms she encurrentlied them to help people get enrolled. >> we urge people to sign up their friends. if you are grand kids make it a christmas treat around the table to talk about health care. ring in the new year with new coverage. >> joining me now, marc thiessen, a former speech writer for george w. with bush and a columnist for "the washington post." tell me why they are doing it? >> they are turning to michelle obama because nobody is listening to her husband. his poll numbers are plummeting. he was awarded the lie of the
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year from politifact. there is a poll that says 61% of americans believe when he said you can keep your doctor he knew it wasn't true. americans will forgive a lot. they will forgive inko kockoc c if you fix the problem. dishonesty is different. once you lose trust people tune you out. they figure people still like michelle obama. give her a shot. >> mm-hmm. they are turning to somebody who has her credibility intact in the view of the american people. but the question is, that's one tactic of. this is another. >> yeah. >> the man in the footsie pajamas that you put your toddlers in at night. this is supposed to make people want to buy health care. brit hume had a tweet today like, omg -- hold on, i will find it. omg, this is real. is this going to do it? yeah, this is real, omg.
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>> i think he's still in his jam mys because he can't find a job in the obama economy. 18 to 29-year-old young people oppose obamacare by 57% disapproval. this is one of his core constituents that's turning on him on obamacare. this is a desperate move. it's not just that. interesting statistic. there are twice as many people who believe you can put a curse on someone using the evil eye than believe obamacare will improve their health care. >> evil eye. >> that's a fact. twice as many people believe space aliens made contact with people on earth than obamacare will reduce the cost of health care. so the kid in the feety pajamas has to get to work. >> i don't know what the evil eye is. i haven't perfected it. let me ask you this. max baucus. >> yeah.
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>> spear headed the effort to get obamacare passed when he was in the senate. the democrat told "the new york times," you know, it is my belief for major legislation to be durable, sustainable, it has to be bipartisan. one party can't jam legislation down the other party's throat. it leaves a bitter taste. thanks for that, senator. >> now he tells out. -- us. when they use parliamentary techniques to pass this with 50 votes instead of reaching out the to republicans and trying to compromise. now they are paying the price. what max baucus is worried about is the fact that they own this. this is all theirs. they didn't reach out in a bipartisan way. george bush when he was passing the bush tax cuts, got a lot of democrat quick support. bill clinton reached out to the republicans to pass nafta. obama didn't reach out and now he owns it. it's all his. >> thanks, marc.
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the other side on the health care issue coming up. also, christians under attack in the middle east. now prince charles has taken a bold stand on the issue. our power panel weighs in. plus new details next on the marine facing potential military discharge for sending a warning of a taliban threat. he did it on his personal e-mail. how lawmakers and fellow marines are trying to save his career. that's next. >> i just think it is a cover-up. it just doesn't pan out what they are doing to this young man. he's a highly decorated officer. ♪ [ male announcer ] if we could see energy... what would we see? ♪ the billions of gallons of fuel that get us to work. ♪ we'd see all the electricity flowing through the devices
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for a marine whose military career is in jeopardy. major jason brezler said he tried to do the right thing, issuing a warning about an afghan police chief with with ties to the taliban and access to a u.s. military base. it was ignored and tloo marines lost their lives in an attack. why is the military coming after the man who tried to stop it? catherine harris reports on day two of the hearing. >> over 125 pages on behalf of the major that are part of the defense case which opened today. the statements are framed in the context of how a marine or firefighter must make hard judgments about colleagues and their professional worth. it's truly a life or death matter. there is one common thread of jason's professional life and that's to do the right thing. over the years i witnessed his honesty, integrity and willingness to own his mistakes.
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military lawyers for the prosecution not focused on the police chief, an alleged child molester and why the warning was ignored with with three marines gunned down. the prosecution claiming he had 107 files on his computer, all classified information, they said, to write a book about his tours in afghanistan. some of the testimony today was closed to the ub p i can lchl -- to the public. bing west who knows him from iraq and afghanistan testified that brezler saved one of the kids allegedly mo lesd and returned the child to his family. on the classified information the defense team says it was part of the t hand over file for his replacement. and they show he hadn't accessed it since january of 2011. >> this is a difficult time for him. he's dedicated his professional life to the service of this
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country. for the marine corps to falsely make allegations about his character has been a deeply difficult experience for him. >> a spokesman handling the case confirming that brezler is expected to take stand tomorrow. >> catherine, thank you. more on that tomorrow night. a group of lawmakers served in the marines is sending a letter to the secretary of the navy. congressman grim joins us now. >> good to see you. >> bear with me. it appear it is case comes down in part to a man named ge mills. general mills is the guy pushing for the case against brezler. why? >> yes, i'm a marine but was an fbi agent. i have investigated many cases. general mills was close with his predecessor, the former deputy commandant.
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the marine that asked for the information and failed to act on it is the son-in-law. >> the theory is general mills may be acting to protect his predecessor's son-in-law. >> that's one part of it. the other thing is also to take the spotlight away from why wasn't this information acted on and could it have prevented three marines from being murdered. >> they are saying, get him off the base. bad guy, child molester with ties to the taliban. sure enough, one of his child victims opens fire and kills three marines. there is a separate inquiry for that. why this athe tension on getting him kicked out of the military? does general mills have that much power. >> what you mentioned is key here. it wasn't until there were other investigations into why this information wasn't acted on. the circumstances surrounding the murder of the three marines
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that there was aggressive action taken. it was retaliatory because major brezler who provided the information self-reported. >> they say he didn't self-report until his superiors came and said, do you have confidential information on your computer. >> i don't have all the information but keep in mind his commanding officer said no action should be taken. the investigating officer said no action should be taken. ncis said he didn't commit a crime. the it is only lieutenant general mills that has been pushing for criminal charges. >> he's a naval academy graduate. bronze star recipient. spotless marine corps record. fdny record assigned to an elite rescue company. is there no benefit of the doubt? >> let me be clear.
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i love my corps. this is not the marine corps i know and love. this goes against the history going back to 1775 when the corps started. this is not what america stands for. this man is a hero. we need to support him. if he did something wrong he will be the first one to stand on the carpet like marines do and say, i did it on an unsecured network. but kicking him out of the corps while he cooperates with the investigation into the murders is suspicious and is not good for the marine corps or the united states of america. support our heroes. >> we'll stay on it tomorrow as we get to day three. thank you very much for your service. >> appreciate it. >> a key new addition to the white house team is taking heat for comparing republicans to a murderous cult responsible for nearly a thousand deaths. one of the president's former advisers is here live. and breaking news on "duck
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dynasty." what happens now that phil robert son has been suspended for the show from his comments. >> no shoes, no socks, no problem. everybody happy, happy, happy. the's a saying around here, you stand behindhat you say. around here you don't make excuses. you make commitments. and when you can't live up to them, you own , and make it right. some people think the kind of accountability that thrives on so many streets inhis country sbut i know you'll still find it where it's needed most. en you know ere to look. anncr vo: introducing the schwab accountality guarantee. if you're not happy with one of our participating investment advisory services, we'll refund your program fee fromhe previous quarter. while, it's no guarantee against loss and other fees and expenses may still apply, we stand by our word. ick with innovation. stick with power.
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you can disagree with a policy without demon yiezing the person who espouses it. throwing around phrases like socialist, soviet-style take over, if a shis and right wing the nut grabs headlines but also compares our government, our political opponents to awe authoritarian and murderous
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regimes. this vilify indication and over the top rhetoric closes the door to compromise. it prevents learning. why listen to the a socialist or fascist or a right wing nut or a left wing nut. it makes it nearly impossible for people with legitimate differences to sit down at the same table and hash things out. >> that was president obama criticizing the politics of personal attacks. we learned a key addition to the president's team has been describing republicans. saying that republicans are comparable to the cult that's responsible for the 1978 jonesstown massacre. we'll remind you of that. a warning because this is a graphic reminder.
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reverend jim jones ordered the assassination of a u.s. congressman and led nearly 1,000 men, women and children to their deaths in one of the largest mass murder-suicides in history. padesta has now apologized on twitter today. joining me now, the former press secretary to poeb's 2012 campaign and founding partner of the in sight agency. ben, now that the president's team has taken heat for picking a guy who likens the republicans to this cult. we get a twitter apology from him. is that enough? incendiary words. >> it wases a dumb thing to say. i won't defend it. john didn't defend it today. he apologized for it. the president has long stood against the coarsening of our political dialogue. you left out a lot of john's background. he was chief of staff to
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president clinton. run as policy think tank. he'll be a fresh set of eyes to get through the priorities of the american people. >> no question he's done a lot. the white house wanted him. i wanted to save time for you so i didn't go through his whole bio. let me take you up on the comment about the president. he's been accused of being divisive. that's why the remark is getting attention. speaker boehner said it's the attitude of the new white house. hard to see how the president gets anything done if this is the attitude of the new white house. the president has taken heat for being divisive. this is a sound bite with examples. stand by. >> they are suspicious about the government's commitment to make sure, for example, seniors have decent health care as they get older. they have suspicions about social security. they have suspicions about whether government should make sure that kids in poverty are
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getting enough to eat or whether we should be spending money on medical research. this congress mall republican budget is something different all together. it is a trojan horse. it is thinly veiled social darwinism. >> my plan says we'll put teacherses in the classroom, construction workers back to work rebuilding america. you've got their plan which is let's have dirtier air, dirtier water. >> your thoughts? >> if you want to look at the tone coming out of the white house let's look at the most recent tone which is the president's statement tonight on the first bipartisan budget agreement. >> oh, that's a dodge. that's a dodge. >> no. it's not a dodge. >> you heard the president. it's not, oh, let me point to the four other examples. i'm asking you about this. >> sure. >> you heard the sound bite
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where he promised that he wasn't going to demonize the adversary. then you have him the republicans want dirty air and water. they are suspicious about whether government should help poor kids eat. now he hires a guy who compares republicans to a murderous cult. >> we could go point by point on the statements. the fact is. >> you are going to back them up? >> let's look at what the republican budget did to food stamps which is why we don't have a farm bill. >> that's your debate. >> he has disagreements with the other side but both sides gave in this the recent budget agreement. >> ben. >> he encurrentlied a new year of curren >> the viewers are wear withing wah, wah, wah. there is no question there was a reversal. that tone by the president isn't consistent with the promise you
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heard when he was running for president. then again in that commencement in 2010. both sides need to up their game and respect for the other side. >> i think that's a fair point. i think both sides can be blamed for overheated rhetoric in washington. there is no doubt that congress didn't pass a lot of bills this year. there wasn't a high level of cooperation or trust. >> plus, they are mean to each other. >> that's why this could be an opening to get talks going again for things the american people voted for. >> i hope you're right. it doesn't feel like a koumbaya moment. maybe i'm wrong. merry christmas. >> see you, megyn. >> breaking news on one of the most popular tv shows. up next, phil robertson suspended tonight from the hit tv show indefinitely after some
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controversial comments. we have the late breaking developments and a debate in moments. plus, there are two winning lottery tickets to last night's $648 million mega million jackpots. we'll introduce you to one of the winners.
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breaking tonight, a "duck dynasty" star put on indefinite hiatus following controversial comments in a magazine interview. trace gallagher is live with the breaking news update. >> the big question is how do you suspend the duck commander, phil robertson and not lose a & e's biggest show? i'm quoting here. his personal views in no way reflect those of a & e networks who have been strong supporters and champions of the lgbt community. robertson, like many devout christians believes homosexuality is a sin. he told gq magazine that homosexuals would not inherit the kingdom of god and says in essence it's not logical for a man to prefer a over a woman's. he didn't, as some have reported, equate homosexuality with beastiality. he said, everything is blurred
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on what's right and wrong. sin becomes fine. start with homosexual behavior and just morph out from there. beastiality, sleeping around with with this woman, that woman, and those men. gay defenders say that flies in the face of what true christians believe. they say, quoting in part, phil's decision to push vile and extreme stereotypes is a stain on a & e and his sponsors who now need to re-examine their ties to someone with such public disdain for lgbt people and their families. robertson released a statement that says, i would never treat anyone with dis respect just because they are different from me. we are all created by the almighty and like him, i love all of humanity. keep in mind this "duck dynasty" family has plenty of money. they are a very tight-knit group.
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the question now becomes will they just pack up and leave all together? you can expect to get pushback from the christian community on this as well. >> thank you. joining me with you a democratic pollster bernard whitman, monica crowley and arthur idala, criminal defense attorney. your thoughts? >> i thought it was disgusting, hateful. the fact that someone would equate the love i might have for another man with beastiality, a drunkard, adultery flies in the face of what it means to be christian. being christian means to treat others as you want to be treated. the fact he came out with such vile speech is reprehensible. i applaud a & e for taking him off the show. >> but it's the united states of america. this is what i fight for every day in the courtroom. when somebody may have committed a crime and they are guilty, but under the laws of our nation
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they are entitled to certain protections. you know what, there is something called the first amendment. a & e is entitled to make the statement. this is not a & e. >> on tv, the hate is disgusting. >> you're not correct. there ises solid case law on this. >> we are talking about the court of public opinion. >> let me ask you this. now he's gone. indefinite hiatus. i don't know what that means. that will shut down the debate. see, he's a christian man. he didn't say this in the kindest way. but why can't there be a debate about it, a back and forth, a discussion. >> correct. >> this is how you feel, instead of you are fireded. basically canned. no one else will feel comfortable. >> this is a classic example of
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political correctness, the word police. i'm not a fan of the word police. i believe in the united states of america you should be able to say what you want. it may be offensive. but you should be able to say what you want short of inciting violence. >> bernard says you can but live with the consequences. >> a & e has standards and practices. as an employee a & e can say -- >> but the show isn't politically correct. >> i think advertisers have every right to support the community. the fact that this guy would villify a group of people for who they are and who they love and nothing manier is shameful. >> let me ask you a question. >> -- want to be associated with that. >> what about the notion of letting him say how he feels. then you say, let me tell you
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why that's offensive to me. >> it's time we stop agreeing that religion can be used as a weapon to spew hate. >> how does shutting it down -- >> he can go out -- if he wants to have hate speech all over america, by god, let him do it. it shouldn't have to be in the public square where people have to tune in. >> what about his statements -- obviously it's after the fact. he says, look, this is how i feel. these are my religious beliefs. i wouldn't disrespect anyone. we were born from the almighty. i don't agree with what he said, but he's allowed to say it. this is what our country is founded on. >> we have seen this over and over again. >> our country is not founded on hate. >> free speech. >> fundamental questions do not believe in homosexuality. they have been critical of it. the gay and lesbian community said that's intoll the rans.
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we have seen this clash over and over. >> you can have your private beliefs. they don't have to be aired on the public networks. >> i have to leave it at that. we have had a public airing here. we have more to kiss cuss after the break including christians under attack in the middle east. have you heard what prince charles said about it? and "hannity" at the top of the hour. >> it's a lousy deal. everyone in the country outside of washington agrees we have too much government spending, too much debt and the tax burden is too high. what does this deal do? more spending. it will rack up more debt in the near term in exchange for promised hypothetical cuts in the future. ♪ [ female announcer ] to bake. or not to bake. that is a silly question. bake the world a better place with nestle toll house.
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prince charles making a strong statement about christians under attack in the middle east. >> it seems we cannot ignore the fact that christians in the middle east are being deliberately targed by fundamental theist islamist militants. christianity was literally born in the middle east. we must not forget our middle eastern brothers and sisters in christ. >> the panel is back. how about that? >> good for prince charles for using his powerful platform and voice to address this serious issue happening across the middle east and in other pockets of the world as well. this is a story that struggled to gain coverage and traction. >> large by because with it's christians being persecuted and they don't have a strong voice in the media, especially in the western world. i applaud him for bringing
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attention. we have coptic christians being persecuted, churches burned, torture, murder. it's happening in iraq and across the middle east. by way of certain aspects of jihad. >> they aren't even reported in egypt because they know the police will look the other way and possibly retaliate if they complain. >> as a double minority i'm kga and jewish and sensitive to the plight of people being persecuted for who they are or what they believe particularly when it has the government stamp of approval. at the end of the day discrimination, hate, persecution, prejudice all comes from the same place. it's ignorance, fear and wrong. we have to speak out against it. >> tying into the last story, if you want to illuminate or enlighten everyone, the way is to have the conversation proceed and go forward and try to get some intelligence. i don't know how you do that in
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the middle east. but where free speech, you don't have the luxuries we have. >> forgive me, but can we round back to the "duck dynasty" thing? as a gay man when you encounter somebody like phil who holds this belief genuinely, honestly because of his religion. and they don't believe in homosexual, gay sexual relationships. how can he talk about that or express himself in a way that's not offensive for you? >> i think he can't hide behind the veil of christianity or any religion and use it as a weapon to indict people -- >> is it the language or the message? >> first the belief, the language, the message, the vehicle. >> so then are all fundamentalist christians bigots is this. >> no. it is a matter of first understanding what the true meaning of spirituality or christianity or ids lam is.
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love thy neighbor as thyself and as pope francis said about gay people, who am i to judge? clearly robertson was judging. there is no place for that in religion. we're aig. and we're here. to help secure retirements and protect financial futures. to help communities recover and rebuild. for companies going from garage to global. on the ground, in the air, even into space. we repaid every dollar america lent us. and gave america back a profit. we're here to keep our promises. to help you realize a better tomorrow. from the families of aig, happy holidays.
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the energy in one gallon of gas is also enough to keep your smartphone running for how long? 30 days? 300 days? 3,000 days? the answer is... 3,000 days. because of gasoline's high energy density, your car doesn't have to carry as much fuel compared to other energy sources. take the energy quiz. energy lives here.
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two winners tonight in the
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mega millions lottery. one from california. the other an atlanta-area woman who played her family's birthday and lucky number 7. taking the cash option of one lump sum payment of $120 millio. what would you do if you won? send me a tweet. tonight just a few short hours after he voted against the so-called bipartisan budget deal in the senate, texas conservative ted cruz will kick off our jam-packed wednesday night edition of hannity. our conversation begins now. >> energy. and the bill is passed. >> education. >> the bill is passed. >> agriculture. >> the bill is passed. >> health care. >> the bill is passed. >> can bob beckel defend his do nothing democratic party? >> mr. president, what are you waiting for?


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