tv The Kelly File FOX News August 26, 2014 9:00pm-10:01pm PDT
miss megyn is next, i'm bill o'reilly reporting from los angeles. please always remember, the spin stops here in southern california, we're definitely looking out for you. breaking tonight, is the u.s. about to bomb syria? the mixed messages coming from this white house make that question very hard to answer tonight. we do know surveillance flights over syria have just begun. while air strikes are not part of the plan thus far, the administration reserves the right to conduct them on our own if needed. the air strikes we are already conducting against isis in iraq may be already having some adverse effects. the fbi and homeland security were sending warnings to local law enforcement late last week,
warning that our current air campaign in iraq could provoke retaliation by isis sympathizers inside of the united states. so there are real risks if we attack in syria and there are terrible risks if we do not. if we instead let what the president called this cancer, isis grow. tonight we examine why we can't get a straight answer on the threat level from our own elected leaders. wheel examine the risks to america, and the exposure we face as a result of open borders at home and abroad. andy mccarthy and john mcinerney are here, we begin with ed henry live in washington. >> good to see you tonight. the president seems to be at least edging closer to military action in syria. but just not yet. what the u.s. military did do today, launch two air strikes in iraq. that's now nearly 100 air
strikes in just over two weeks, the president, the speech to the american legion left the door wide open to potential air strikes expanding them into syria as well, as you noted, he was calling out isis, the islamic militants over the grizzly murder of the american journalist james foley, the president also late this afternoon huddling with his secretary of state john kerry, going over potential options for air strikes in syria, one day after he was behind closed doors at the white house with chuck hagel. in that speech, the president noted the murder of foley and vowed he would track these terrorists down. >> america does not forget our reach is long, we are patient justice will be done. we have proved time and time again we will do what's necessary to capture those who harm americans. to go after those who harm americans. >> although we have to remember the president has talked tough about air strikes in syria
before. one year ago this very week in fact went right up to the edge and pulled back, and also, his policies have been all over the map in terms of dealing with the many in syria. we now here his administration again looking up -- ramping up more aid to the free syrian army, help the moderate rebels. they've been talking about doing that for a few years. remember just a couple weeks ago, the president when appreciationed why he didn't listen to the former secretary of state, hillary clinton, he called that a fantasy, helping them maybe wouldn't have worked, and it was a fantasy, he said in an interview with tom friedman. now they're taking another look at it, megyn. >> not only has the president been all over the map on syria, his administration has been all the over the map on how big a threat we are now, right now, facing from this terror group. charles krauthammer explains why he thinks that is a problem. >> you wonder whether an administration who can't get its
story straight in one day can conduct an operation of that delicacy and complexity, military, diplomatic and political. the president simply can't decide. i think this really ought to make us think twice about whether we can entrust a man of this lack of decisiveness -- >> joining me now, andy mccarthy, he's a contributor of the national review, and author of the book faceless execution. he was the lead prosecutor in some very major terror cases, including that of the blind sheik who bombed the world trade center in '93. thank you for joining us. the first question i have for you tonight, why can we not get a straight answer from the administration on the threat level. let's start with that i can understand why they don't want to announce they're about to
bomb syria, if they are. why can't we get a straight answer on whether we're about to bomb syria? >> they're entrenched in the idea of the threat not being that serious. that's the story they've been trying to run for six years, to the point where, you know, you have the jihadist atrocity at ft. hood, where twice as many people get killed as were killed in the 1993 world trade center bombing that you just mentioned in my background and they won't even call it a jihadist attack, they won't call it islam iic terrorism. >> why can't do they do, why can't they admit that whatever they believed in january of '14 this was jv, it's not jv any more? >> they would have to say they were wrong. the president won re-election by saying again and again and again, that he had decimated al
qaeda or al qaeda was on the path to defeat. he said it in fact the day after the benghazi attack. which was the most humiliating war in iraq. they're invested in the idea that the threat wasn't that big, and to the extent it was still material. the president rolled it back by being a serious counter terrorism president. >> do you believe the white house now sees that it either underestimated the threat of isis, or it accurately estimated the threat of isis, but then things changed. do you believe they're capable of looking at this group, understanding its barbaric nature and realizing even in this administration, which is very war weary, there may be a time where you have to drop bombs on some very, very bad people. >> i don't think they're taking it seriously enough. they're not the only ones, eventually this is our problem, it's not one we can delegate to
the afghan army or the iraqi army or whatever other army we want to delegate it to. these people want to set up a global califate. they regard the united states as their primary enemy. they're al qaeda 2.0, made up of al qaeda veterans. their goal has always been to destroy the west, the reason they changed their name from the islamic state of iraq and syria to just the islamic state. >> they're no longer going by isis. they're just now is, the islamic state. >> they shortened it for the newspapers because it would be more economical. they shortened it because their ambition is to rule the world. >> the problem for many in this country, including, perhaps, the president, is that they fear if we poke the bear, they're going to come back at us even harder. >> that's how a lot of us look at this. we're only going to create more
america haters? >> that was the strategy throughout the 1990s, and by applying it, what you had was the country was hidden again and again, more audaciously over scale to the point that we finally got to 9/11. and what our enemies took away from it, was that we didn't have the stomach for the fight, and they made it bloody enough for us, they get their way, and that's the way they see it. >> general dempsey said, if we don't -- the only way we're going to get rid of isis is if we go get rid of them. in iraq and syria, he said, but the united states is not prepared to bomb syria right now, we have to do it with a coalition. and the question is, andy, what are we looking at in this world if the united states is not? either on its own or it was a coalition of the willing, go into syria and start bombing the daylights out of this group. >> we're looking at more terrorist attacks. look, what happened in the runup to 9/11, we allowed al qaeda to
have safe havens where they could plan an attack like the 9/11 attack, this version of al qaeda, isis, has much more territory, and much greater and more threat thing an arsenal than al qaeda had prior to 9/11, and they have the same objective. it's our problem, and we can continue to put our head in the sand about that, but we're going to have to take them out, and you can't take them out from the sky. >> andy mccarthy, good to see you. >> thank you, megyn. the u.s. is flying missions over syria now, with both manned flights and drones. the white house earlier said it may decide to hit terror targets with or without syria's permission. syria is saying they would do that as an act of aggression. how far should we go? and what if syria decides to shoot back. lieutenant general tom mcinerney is with me now, what should the mission be?
>> the mission should be to destroy isis, or isil or is. let's have a 30-day air campaign, 200 targets a die, 24-7. and i assure you there won't be much left of isis. we seem to be very reluctant. i disagree with andy that it's our problem, it's part of the middle east problem. and clearly they have the indigenous forces on the ground that can support that air campaign. but as people remember in desert storm, we had a 38 hour -- 38-day air campaign, and there was a 100 hour ground campaign. when we went in against saddam hussein in operation iraqi freedom, we had a simultaneous air and ground campaign and we still defeated a far more
formidable force than isis is today in 23 days. >> there's not much question that we could, that our military could do it to -- could take isis out if they are given the order to do it? the question i ask you, is the same one i asked andy, you mentioned desert storm under president george bush the elder. especially on the left, there are people who believe if we hadn't done that, we won the have faced 9/11, we have antagonized these groups over the course of our own history to make them hate us. and if we go, this is their theory. if we go in a place like syria, and start bombing there, tonight this week, or in the near fut e future, we will create more hate and make more targets out of ourselves and children. >> bologna. >> look, radical islamists are coming after us no matter what we do to them. that ideology is evil, is naziism, fascism and communism.
most of the people talking about this do not have any idea what that ideology says and we're infidels andny intend to expand globally to have a global califate. all this other stuff that we are inducing them to come after us has no meaning whatsoever. once you understand the ideology we're fighting. the united states army still hasn't figured it out, they're calling ft. hood a workplace violence. that was radical islam, and until we as a nation understand that this is who we are fighting and we're caught in the middle between a fight between moderate islam and radical islam. let's let them defeat it, we will help them, let's not do the primary driving. no matter what we do, they're going to come after us, if we let isis expand and own the arabian peninsula, they're going to be a far more formidable threat and they will be here,
and they'll be here maybe this 9/11, i don't know, but we better be much better prepared than we were for benghazi because of the political narrative, there was an election, osama bin laden was dead, gm was alive. that's the wrong narrative. >> got it. tom mcinerney, good to see you tonight. >> thanks, megan. we have confirmed this evening that an american was just killed inside of syria, while fighting side by side with the terrorists. the guy grew up in minnesota. he loved to play basketball. what is he doing over in syria trying to kill americans and folks from the west? up next, how americans are supporting this group and what kind of threat are they because we're hearing more about their access to america. and a key new piece of evidence could be emerging in the shooting in ferguson. why this could affect the case why this could affect the case in a major way coming up.
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yep. but it's not just a tablet, it's really a laptop. it's a surface pro 3, with a touchscreen. well it can't be as fast as my mac. sure, it can. and it is. but you probably can't plug anything into it. i have a usb mini display port. plug away. and this is my favorite -- it's the kickstand. so you're saying it does more than my mac? well technically, you said it. ♪ fox news has confirmed an american was kimmed in syria, and that american was fighting with the terrorists. he described himself as a slave of alla. the fbi is tracking dozens of cases of americans who have been traveling from the united states to syria, the system does not
catch everyone. joining me now an iraq combat veteran. this guy we're told grew up in m minnesota. never seemed interested in religion, moved to san diego, started attending a mosque, and then his social media profile suggested. how many of these guys are th e there. >> last century you had a lot of liberal elitists joining the army. instead of joining the communist party now, you have disaffected youth joining radical islam. i think you're going to see this more and more, you're always going to have disaffected youth, you're always going to have that
poll to go fight for something greater within yourself. people like me joined the united states marine core, people like mccain joined isis. i think you're going to see as long as our -- as long as our homeland security agency, the fbi, the cia keep tabs on these guys and the women, and for god sake, if we could secure the border once and for all. >> i want to get to that. i still don't understand why they have -- >> we shouldn't have any more visas for folks from the middle east, from this area coming over right now, we should say stop, time out, let's take a look at this, slow things down so we can make sure we aren't allowing people into this country that will harm us. >> i want to get to that. what dempsey said last week is that the threat to the homeland, to america is imen end and here's why, listen to him. >> the immediacy is in the number of europeans and other
nationalities who have come to the region, to become part of that ideology, and those folks can go home at some point because of open borders and immigration issues, it's an immediate threat. >> there could be 2 to 3,000 people holding western passports, our friends in europe who can come right in to the united states with ease. and if you have an american passport, can you do so as well. >> remember 9/11. every single 9/11 hijacker had a visa, they overstayed it. isis in iraq and syria is not an existential threat to us, they're not going to harm the united states, they're bad guys, yes, if you're there. but a bunch of guys wearing pajamas pulling up logs is not an existential threat like afghanistan and pakistan are. the only threat is if they can
get people back into the united states and perform acts of terror. that's why you deny visas in totality from persons from this area. we have to say time out, stop, hold the game, we have to make sure the allies, british, french, germans, make sure the people we allow to travel back and forth to the u.s., make sure they're doing a better job of screening so they don't unwittingly allow bad guys to come over here from their country. >> we are talking about some big numbers. and just quickly before we go, put the pictures on the board of the two americans who were arrested who were trying to go over there to fight for isis. the congressman mentioned a woman, we have her picture as well. the threat is wide and it doesn't always look like you think it's going to look.
coming up, how a possible new clue could help investigators determine the events that led up to the 18-year-old's death. the federal government spending close to a million dollars to track hate speech on twitter. okay. but who decides what's hateful? we're back to this again? guess what, it's not you, it's uncle sam. and what are they doing with the investigation. chris steiger walt has an eye opening report next. see how a fight over a reclining plane seat forced an emergency landing. ♪ ♪ ♪
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of northern california, where residents are still picking up the pieces from the region's most powerful earthquake in 25 years. two days after the quake struck california's famed wine country, a stories of back to back powerful after shocks struck just a few miles from napa, causing new road damage. fortunately, however, there were no reports of injuries. new reports that the federal government is spending close to a million dollars of your money on an online tracking program that will search for hate speech on twitter. some bureaucrat decides whether you are being hateful or misinforming people. what could possibly go wrong? chris steigerwalt joins me. the senate just failed to pass a bill that would do something
similar to this. look over here, we denied that, we're not going to pass that. another federal agency was saying, we just got a million dollars to do it over here, don't worry. >> well, and do it through a partnersh partnership, through academia. we're just looking. >> not to worry. >> not to worry, it's fine. they'll be monitoring twitter, they have a logger inchism to go through to make sure people aren't beak hateful or spreading misinformation and if you want to know how the individuals doing this, truthy was inspired by stephen colbert. >> excellent. >> just so the brewer viewers it's the national science foundation that's going to monitor suspicious internet mean
s the federal government is going to finance this web service they're going to maintain this truthy database. what business is it of the federal government whether people are out there offering views that are hateful or misinformed? >> it wouldn't. if you had somebody driving around looking at stupid bumper stickers on their pickup truck or unpleasant tattoos on their shoulders, it would make as much sense. this is a problem that this government has had many times in the past. we recall most recently, during the furor over the passage of obama care, the white house created a tip line where you could report your friends and neighbors. >> we plan to use truthy to protect political smears, misinformation and other social pollution. we rely on users like you to
flag injections of forged grassroots activity and so on. you tell me what the feds are going to with this information? >> probably nothing, because bureaucratic incompetency and inertia is fairly enormous. but the reason this is so -- a lot of times it's all we have going for us what this has, the stupidity is that a thing examined will eventually be a huge temptation to regulation we call it an attractive nuisance. we have all this data, we can start using it, pulling it, and finding people who are using political smears. so if your great uncle bertram calls barack obama a socialist, is that his inference about barack obama or is that hate speech and a smear? it depends on who's talking and who's reading it.
>> you have an irs targeting conservative groups for what they believe was too political activity or events, now you have another federal agency that's going to monitor you and your misinformation. how is that going to be used against the average joe? you have an american public that does not trust its federal government with their own information, this is not going to help. chris, good to see you. >> you bet. >> don't worry, they're on the case. if you are misinformed, they'll be too happy to educate you. even before we knew -- even before we know what happened in the police shooting of mike brown, a powerful group is calling on president obama to appoint a police czar to crack down on police departments across the country. really? we'll hear from one of america's largest police groups right after this break. burger king feeling the heat after announcing it may move to canada to catch a break on taxes. really? what about -- i thought we were
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new fallout tonight from the police shooting that killed 18-year-old michael brown in ferguson, missouri. the congressional black caucus sent a letter to president obama. theyen watt a police czar. the letter reads, it is time for the country to counter the effects of systemic racial bias, which impairs too many of our law enforcement personnel. chuck kantcanterbury is presidef
the union. darren wilson is being represented by a fraternal order of police attorney. your response to that push of systemic racial bias within the law enforcement community? >> there's no such thing as systemic violence in the law enforcement community. it's typical to call for something like that, but that type of redundancy is not needed. we have the attorney general of the united states÷ he's charged with that duty. another bureaucratic person in washington to deal with these issues is just not needed. >> you have people suggesting this is an endemic problem. clearly there was race at issue when this officer, a white man
shot this 18-year-old, a black man. >> i think there are people in the country trying to make this a race issue, this is a law enforcement issue. officer wilson was making a stop for whatever reason. and michael brown happened to be a black man. systemic racism, we get told that any time there's an incident that people in the country don't like, the bottom line is, officer wilson was doing his job, that's not racism. >> and the congressional black caucus' letter to president obama says what we need, we need this czar because we need to prevent more fergusons. do you believe that these lawmaker lawmakers -- i'll extend this to the governor of missouri -- have committed a rush to judgment of the officer in this case?
>> absolute ly. the entire society that we live in, this may not be the perfect criminal justice system, but it's the best in the world a rush to judgment has been made. the president made comments earlier on, that he shouldn't have made. the attorney general has made comments, the bottom line is, the investigation is not comple complete. this is not a 48 minute segment of csi new york, it's a real police investigation and it needs to be investigated in its entirety. >> when eric holder came to town, he reached out to the family of michael brown, did he reach out to you or anyone in the fop? >> we did not talk to attorney general holder, we talked to members of the department of justice. we've had that dialogue going
for years. we encourage a vigorous investigation, but no rush to judgment. >> when are we going to hear from officer darren wilson? >> that will be decided by his defense attorneys. this is a young officer that's been this rust into the national spotlight. the due process will come out, and he's already cooperated with investigators, spoke to investigators as reported in the news, i don't think it's in his best interest right now to say anything he's trusting the criminal justice system as we are, and that's why you haven't heard many of the police groups say anything, other than investigate thoroughly, and then make a determination as to where you're going. >> joining us now, darryl parks an attorney for the family of
michael brown. this officer has not been out there, putting his face on camera, because he's going to trust the system to do what the system is supposed to do. will you promise to also trust the system? >> i do trust the system. >> even if it doesn't go your way? >> i -- i think if nothing else, we owe this family the truth, and they shouldn't have to wait too long to get it, the experience that they just had is a deep experience, no family should have to walk behind a coffin. it's not like we don't know who the shooter was, we know who the shooter was, there's no reason for a lengthy investigation. we know where it happened, who did it. >> you can't say that, you don't know that, you don't know what the police are doing. the investigative proceeding on two frof5ey you have fbi agents investigating for the department of justice. they have to make sure they cross all the t's and dot all
their i's. >> they should account for the amount of time that it takes to do it. >> why does an extra month make any difference whatsoever? don't you just want to get the right result? get the result that the people of missouri can believe in. the people who elected this county prosecutor, the people who will sit in a grand jury box, and the people who may have to sit in a regular jury box. >> imagine it was your child you laid to rest yesterday in a cemetery, would you want to wait a month? >> i would want justice to play out. i am an officer of the court, so i can speak to this. justice is not swift, but it's supposed to be blind. people are not supposed to be interfering with the process, they're not supposed to be pressuring law enforcement officers to rush it along because the community wants to know whether there's going to be an indictment or not. it doesn't matter whether an indictment gets handed down in october or september, if it comes down, i'm sure you'll be satisfied. if it doesn't come down, what
i'm trying to ask you, is whether you will stand by this system, even if it goes against you? >> let me say this here, in this case here, i've seen the evidence up close, and i saw how mike brown was shot in the head. i listened to the witnesses, so i hope the system gets it right, i believe if this prosecutor presents the evidence that we've seen in this case, there's no doubt in my mind that this grand jury will indict. >> you'll know what evidence was presented because they have said they will make that public. you're not answering my question. if they do not indict, you need to make a promise that you will accept that result too. that is what is fair to the members of that grand jury. what is what is fair to the community of ferguson. if you don't make that promise now, before they come down with their decision, then you are only stoking the fires that will happen in ferguson after that, are you not? >> i don't think what promises i make are important. however, let me say this here,
regardless of what the grand jury comes back, we will certainly ask them to be calm and peacefulness in missouri. no matter what comes back, we will be peaceful as citizens and as americans. that's what we will do. we may or may not agree if they don't come back with the right decision. i believe there's evidence in this case that is -- >> i get that, and that's legitimate as the family attorney -- i mean, that's -- i completely get that, but i think you also have a responsibility. as both sides do, to say there's a process in place, and as officers of the court, we stand by that process, we support it, we signed on to defend it, to stand within it, and to assure laypeople who are not officers of the court, that this is how the process works and it can be trusted. i give you the final word. >> let me say this here, i think what really matters here, is the prosecutor in the case, who is going to the grand jury, he
fulfill his duty. he has the duty in this case, to make sure all the evidence in this case is put forth. there's a great amount of witnesses who saw what happened here, if they present the witness testimony that we've seen already, i'm sure there's other evidence that we've seen as well. there's compelling evidence. >> you have to tell the jury what's there on both sides. daryl parks, good to see you. there's a new key piece of evidence coming to light in the shooting death of michael brown. it may feature a recording of the incident. how credible this looks and what how credible this looks and what it means. so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... one-seventy-five a month. good calculating kyle. good job kyle. you just made partner.
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so i can focus on what matters most. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. reports of a potential new piece of evidence that could possibly help investigators determine how the shooting death of michael brown played out. a man who lives by the shooting seen says he was having a video chat with a woman and the shooting can be heard in the background. listen. >> you pretty. you're so fine. just -- [ shooting ] >> mark fuhrman is a fox news contributor. you hear a period, what sounds like gunshots. a three second pause or so, and then four more gunshots.
not sure how many were heard in the initial spray. what does it tell you? >> will, you know, it's a great piece of evidence that can start to corroborate and impeach other people let's just assume this is authenticated -- >> and the fbi is doing that right now? it has not yet been authenticated. >> we'll assume it's been authenticated just for this conversation we know that the day of the shooting officer wilson is taken and he is interviewed and recorded and he has to account for every single round that is missing, that he shot. now, the detectives inspecting his gun and seizing his gun, they know how many rounds were fired, they know how many are in the weapon, they know how many are missing, they know how many
casings are at the scene, these all have to kind of mesh together to actually corroborate each other. now, you have this audiotape that is actually giving not only the amount of shots but the pacing, and this i important, because that pause in a tactical situation, you tactically assess the target, once you engage, you don't just fire your wñapon until it's empty, you fire and then you look at the target, is the target still a threat, is the target advancing. is the stopping or in some regards the killing of the suspect not actually complete? is the stops of the suspect not been accomplished? is the suspect still advancen and then you engage again. i think this pacing is very
integral in the detective's assessment of officer wilson's statements, if they match, it's good for him. >> how? it seems you could argue it either way. >> you could argue it either way, but the officer's statements almost become as pure as he could possibly be. he's taken to the station immediately, he's isolated. he is interviewed, it is tape recorded and he has -- he goes to the scene, he walks through the scene, he describes everything that takes place. now, the forensic evidence like the autopsy. the forensic evidence like the casings on the street, where the rounds went, the trajectory, ballistics, position of michael brown, position of the officer, all these factors have to actually flow with the officer's stateme statement. now if the officer said i fired four, five, six rounds and i paused and he was still coming
toward me, this audiotape would corroborate that, where before you would have to take this officer's word all by itself. >> or not. so they'll have one wray or the other to go, the interesting thing too will be if -- once they get the real experts looking at this tape, whether anything can be heard between the parties, anything the officer said, there was eyewitness testimony that michael brown -- not alleged testimony, but recitations that michael brown allegedly said don't shoot, there was also a testimonial suggesting, he said, what are you going do do, shoot me? maybe something could be picked up on the tape, time will tell. >> remember we saw that in the zimmerman case. an average airline passenger mindin her own business decides to recline her seat. what happened next, the entire flight was diverted and grounded. the new device at the center of
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so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. ♪ remember that? if you do, you're old. burger king doing some damage control tonight after announcing a merger with canada's tim horton's and says, well, it may be moving to canada. some are accusing the chain of trying to escape american taxes by basing its corporate headquarters up north. america ought to take this opportunity to cut our corporate tax rate the highest in the world, because burger king is not the first to decide it doesn't want to pay these taxes.
the burger chain called that a big whopper saying it will continue to pay all federal, state and local american taxes. we know that luxury air travel is a thing of the past. one bizarre battle over leg room got an entire flight diverted. >> the battle was over something called a knee defender, it's a pair of vice clamps you clamp on to the tray table so the person ahead of you can't recline. the woman turned around and asked the man to remove the gadget. he refused. the flight attendants told him to remove it, he said no. the woman offered him a glass of water in the face. the man and woman were escorted off, but they were not arrested because it was deemed a customer service issue, maybe the man should have given the woman a
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you know, ellen degeneres always talks about the person who sits in front of her sits back so far she could perform dental surgery on them. don't you feel that way. this is a foxes into alert, the u.s. has begun flying surveillance drones over syria, after president obama authorized this mission, the white house says the flights will be used to gather additional information about the isis militants inside of syria, which is needed before the president considers military action, including air strikes in this war torn country. fox's own jennifer griffin is standing by with the latest in washington tonight, jennifer? >> two u.s. defense officials tell me the president signed off on the drone defense over syria in the last few days. >> we'll continue to take direct action where needed to