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tv   Special Report With Bret Baier  FOX News  December 3, 2014 3:00pm-4:01pm PST

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texas a and m. >> they came out later today and said that they found out that the pr people found out that they were destroyed in 2002 by environmentalal workers. we got to go, that's it for us. "special report" is next. >> this is a knocks news alert, i'm bret washington. for the second time in less than two weeks, people are outraged at a grand jury decision not to indict a white police officer in to the death of an unarmed black man. today it is new york city that's bracing for the worst. this incident was caught on video and these circumstances far different than in ferguson, missouri. and president obama, whose comments against violence were ignored in ferguson, is already trying to calm things down. this one has led to another federal investigation, being pursueded by attorney general eric holder. rick lebenthal is in new york tonight live with the latest. good evening, rick.
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>> reporter: good evening, bret. statten island calm at this hour outside the da's office where a grand jury jury has found no legal cause to bring charges against nypd officer. garner with 31 prior arrests was detained for selling loose cigarettes when police tried to hand cuff the 6'3" inch, 350-pound man who resisted. garner complained he couldn't breathe, and despite the new york medical examiner ruling the cause was compression of the neck, compression of test and prone position. the officer said it is never my
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sbern intention to harm anyone. my family and i include him and his family in our prayers and i hope that they will accept any apology for their loss. and tonight the u.s. attorney's office confirms it will in fact launch an investigation into this case, meanwhile the president today speaking, saying that many people have lost confidence in the system and that they don't think everyone is being treated fairly. >> in some cases, those may be misperceptions, but in some cases that's a reality. and it is incumbent upon all of us as americans, raffles of race, region, faith, and we realize this is an american problem, just not a black problem, a brown problem. >> we have already seen protests
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in new york tonight, a lie in, at grand central station, and at times square, at this hour, there are concerns that the protest may try to move to the rockefeller center christmas tree lighting ceremony at 7:00 p.m. tonight just a few blocks from that location. >> we'll head back for any breaking details and more with the panel. thank you, rick. and now another fox news alert tonight. the first legal challenge to president obama's go it alone action on immigration is under way tonight. more than a dozen states coming together to take the president to court. correspondent casey stegall live from dallas. >> reporter: texas is leading the coalition of system states total, now challenging the constitutionality of president obama's controversial executive action on immigration. the lawsuit just filed in district court today in texas.
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republican state attorney general and texas governor elect greg abbott says he believes even more states will join in. at issue here is whether the president had full, legal authority to by pass congress and shield as many as 5 million illegal immigrants in this country from deportation. abbott agrees that the deportation system in this country is broken. but insists the executive fiat mr. obama pulled out -- >> he says he's not trying to fulfill the will of congress, instead he's trying to enact laws himself because congress will not act. the president does not have that authority. >> abbott called texas the epicenter of this illegal immigrant issue because texas has the most, behind california, of immigrants living in their
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state. all states participating in the lawsuit. as you can see, texas is the only one that shares a border with mexico. so today, louisiana republican governor bobby jindal told bret baier why he thinks mr. obama overstepped his bounds here. remember, louisiana is part of this suit. >> he has an election where my policies are on the ballot. all states across the country rejected his policies, rejected his dan dats. shortly after the election, this president in my mind poked at the american voters. now basically ignores the mandate expressed by the american voters and says, i'm issuing this executive order anyway. i'm going to violate the law, violate the separation of powers. >> but the president and his administration have stood by the legality of all of this. homeland security secretary jeh
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johnson testifying before the homeland security secretary, saying he is confident that the states have to the authority to ito -- >> i have looked at very executive marks by the president concerning his legal authority to act. i do not believe that what we have done is inconsistent with that. >> now the lawsuit is not seeking any damages, of course, instead an injunction, rather just to stop these actions from actually going into effect. bret? >> casey stegall live in dallas, casey thank you. you can see more from that interview with governor jindal, and a possible look at the presidential con tenders. lawmakers in the house could vote on a bill that could determine what your tax bill will look like at the end of the year. it involves the extension of a number of tax breaks that expired in 2016. and as with anything else,
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politics are heavily at play. let's get the story from mike emmanuelle. >>. >> reporter: the house passed this med sure -- there is some frustration they cannot do more now. >> hard working taxpayers deserve to know whether these tax policies are going to be there year in and year out on a permanent basis. >> facing a massive retroactive tax hike attend of the year, house members moved forward with a possible one-year extension of tax credits. >> america's small businesses and taxpayers are looking for congress for certainty before they file their taxes in april of 2015. >> reporter: some lawmakers expressed disappointment with another temporary fix. >> this bill says to the american people that congress is up to its old tricks. meet the new congress, same as the old congress.
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congress says one thing, we need tax reform. but congress does another, kicks the can down the road. >> senator harry reid was working on a ten-year package with house republicans which died after president obama issued a veto threat irritating speaker john boehner. reid sounded cautious tuesday about the smaller fix. >> we'll take a look at it and see what else they have in that one-year extension. >> reporter: for individual taxpayers, mortgage debt forgiveness, for businesses, there's an extension of the r & d credit, benefits for those producing energy from renewable sources and a tax credit for veterans. president obama says he favors a temporary extension and eventually something more permanent. >> more broadly, we would like to see if some of these tax extenders provisions, including
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something i support like research and development are brought into a broader tax reform package. >> reporter: to do that, the president will need to work in a by partisan fashion, with the next senate majority leader mitch mcconnell whom he met with privately at the white house today. democrat ron weidner is seeking support for his package. he hopes the senate will vote on to the house plan next week. speaking of money, you and your family owe a lot more of it than you did before president obama took office. try 70% more. that's how much the national debt has increased. chief national correspondent jim engel has some more disturbing numbers tonight. >> reporter: aside from the shame of it all, what does an $18 trillion debt mean? one analyst compares it to smoking. >> 18 trillion isn't a magic number, it's a little bit like
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one more cigarette won't kill you, but if you continue to smoke cigarettes, you're more likely to get lung scan sir. >> reporter: senator obama ripped him for putting so much on the national credit card. >> $30,000 for every man, woman and child. that'ser responsibility that's unpatriotic it. >> reporter: some saying president obama has been even more irresponsible increasing it by $10 trillion. the $18 trillion debt doesn't include unfunded promises in entitlements, such as medicare which will explode in a few years. >> the total indebtedness of this country is in excess of $60 trillion to $80 trillion it could even be larger than that. >> reporter: when all the baby boomers retire, it could get ugly. the nation has made huge promises it has no way of paying, not even with tax increases. >> if you cam coup late the
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implied tax rates to finance those increases they would consume most income. >> reporter: the congressional budget office -- taxes would have to increase 50 % to 60%. >> because we're simply not going to end up as the arithmetic suggests, turning our paychecks over to entitlements financing. >> basically we have become a government that mails checks to the elderly and has a small army and that's it. >> reporter: because skbitaliment and interest payments 30 billi$30 billion a l squeeze out all other programs and the government needs some flexibility to borrow in case of tragedies. >> it's like a homeowner who's way over his credit limit on his credit cards, if his car breaks
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down, and he needs to get it repaired, he can't use his credit cards because he's kind of maxed out. >> we know we're closer than we were five years ago. the dow and the s&p 500 hit record highs again today. the industrial average hit 33, the nasdaq finished ahead 19. up next, why more of the president's supporters are jumping off the obama care bandwagon. first here's some of our fox affiliates across the country are covering tonight. the company that makes air bags, which the federal government considers unsafe is refusing to issue a nationwide recall. tec ar the company insists the defect is only a threat in high humidity regions in the country. miami in one of those regions,
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arnold abbott returns to ft. lauderdale beach to feed the homeless in violation of the law. a judge has ordered a 30 day delay on abbott's fight on five citations i which each carry a $500 fine and up to 60 days in jail. and this is a live look at denver from fox 31 tonight. the big story there is a winter sports spectacular for wounded warriors. those taking part are aspiring is paralympians. that's why we created programs which encourage people to take their medications regularly. so join us as we raise a glass to everyone who remembered today. bottoms up, america. see you tomorrow.
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more bad press tonight for obama care, another prominent democrat is jumping off the bandwagon and a whole group of aca fans right on its heels. wendell goler tells us why. >> reporter: the business round fable of brt is the latest obama
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care supporter having a kind of buyer's remorse, though the president wassism pressed about it in a question and answer session. >> when it comes to health care costs, premiums have gone up at the lowest pace on record. which means that a lot of the businesses here are saving money as are a lot of consumers. >> what concerns the group is a provision targeting smokers, overweight workers and those with hypertension that allows employers to reward workers with reduced illness risk factors. the equal opportunity risk -- medical screenings, questionnaires, weight loss and smoking requirement rls unfair. quote, this was a major issue to our members because it allowed them to better control health care costs. the white house says the eeoc is an independent agency, though it disagrees with the challenge. >> this is or at least could be inconsistent about what we know about wellness programs and the fact that we know that wellness
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programs are good for both employers and employees. >> it's unclear what if anything the white house can do about the eeoc legal challenge. the brt concerns follow second thoughts by hey iowa senator tom harkins who feels the law was made two complicated to satisfy centrists, quote, we should have done it it the correct way or not done it all. >> i've given a 20-page speech, i hope you read it that's all i'm going to stay on that issue. >> reporter: a health economist said obama care passed in part because of the stu piedity of the american voter. former hhs secretary kathleen sebelius says jonathan gruber wasn't plugged in enough to know. >> maybe he was in a large room, he could have been in on a phone call, but in terms of small meetings discussing policy, that never happened.
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>> reporter: white house officials continue to spotlight the number of people newly insured under the affordable care act, asked if they were worth the political cost. josh ernest said without a doubt. though clearly some democratic lawmakers do have doubt. >> wendell goler, live on the north lawn, for it's hard to believe for the last time. wendell starts a well deserved retirement tomorrow. wendell, good luck to you, we will miss you greatly. make sure you tune in to the end of the show for a special goodbye for wen daal. why some of the people who were at benghazi were upset got the latest report on the terrorist attacks.
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we now know when the house select committee on benghazi will now hold it's next public hearing, next wednesday, a week from today. this comes as we're getting more reaction from the house intelligence report from those who witnessed the report first hand believe went soft on the obama administration and is filled inaccuracies. >> it's supposed to be a u.s. government official report, to me it's just a disgrace to the guys that died that night. >> reporter: former cia security contractors who were on the ground in benghazi say the house intelligence committee investigation takes the assessment of official washington over the eyewitness accounts in almost every case. >> we fought and bled for a government that we swore to protect and now they're calling us liars, we continue to feel betrayed and shunneded by our
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own government that we swore to defend. >> reporter: contrary to the report's main finding, the contractors say there was an intelligence failure. they were directly warned in late august a strike was likely, though no assets were available on the september 11th anniversary. >> that's a fact because nobody showed up. in fact nobody showed up to even get us out of libya. >> reporter: the contractors say valuable time was lost because of the cia's base chief. >> obviously there's an agenda that needs to be pushed and our eyewitness account and the truth of what happened that night does not hold with the agenda. >> reporter: the report provides new detail and images of the precision mortar strike at the cia base, three rounds on targets fired over 69 seconds, killing their colleagues former navy s.e.a.l. tie woods.
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former cia director david petraeus who was under fbi investigation in 2012 misled them when he blamed the attack on a video. >> i would like to find out why general petreaus's testimony was really so wrong. >> reporter: the men who felt the brunt of the mortar strikes say it's beyond belief that a four-star general would make such a basic mistake. >> i would like to see him grab a mortar tube and get . >> reporter: at one point, house speaker john boehner met with the contractors and republican congressman who takes over the gavel in january while leaving rogers out. >> spieaker boehner when he saw us said we want you to know we got your back. >> there was no politics involved here. thvgs a tragedy and that we can
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learn something from it and have better security. >> a committee smokes person says they also respect the men's views. the weekly standard committee says that -- when their lawyer wanted the men to be subpoenaed. when they agreed to testify voluntarily, their expenses were paid by the committee, which is standard practice. >> more on this with the panel. next up, santa ditches the slay for to the patty wagon. and north korea's leader kim jong-un says he wants to be exclusive.
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u ow. new parents must cross un off their names. similar bans were put in place during the reigns of kim jong-un's father. mpls marine experts believe they have solved the mystery of canadian lobsters showing up in nets off the coast of england. no, they did not swim across the atlantic, they cruised.
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researchers say cruise ship passengers have been buying live lobsters and then throwing them over board in a misguided attempt to save them. many of the lobsters still have rubber bands on their u claws. what's more many of those species cannot breed with local species. timely some parents in south wales say they were traumatized by a santa's departure this year. santa had a nontraditional exit strategy, the south wales reports a paddy wagon pulled up and santa jumped in, to the horror of children looking on. organizers defend santa's unorthodox get away, they said that was the plan all along to
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help santa depart in a hurry, this is after all his busy season. a woman who was refused a temporary work assignment while pregnant was the victim of discriminati discrimination. shannon breen looks at both sti sides tonight from the supreme court. >> i was really distressed by the fact that -- >> she spent years battling her former employer, u.p.s. young became pregnant and presented the company with a doctor's note limiting how much weight she couldly. after u.p.s. put her on unpaid leave, young sued, her attorneys arguing that the company violated a civil rights act. but u.p.s. says that's exactly what it did. the company policy didn't provide for alternate job asmichblts for workers who were limited in their abilities because of something that
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happened off the job. today young's attorney argued that because u.p.s. -- it discriminated against them, prompting justin antonin scalia to ask her attorney if what she really wanted was preferential treatment. >> it's a most favored nation provision, a potential interpretation that worries a number of business owners and the groups representing them. concerned about the obligations they'll face if young wins. >> as justice scalia referenced in the argument, they would give most favored nations a superemployment status. because there would be no limitless on what employees could ask for and require employees to -- >> when justice ruth bader ginsburg said to the attorney representing u.p.s., quote, you said that young's position is most favored nation.
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well, yours is least favored nation, right? the attorney quickly dismissed the suggestion, maintaining that ups followed both the law and the union agreement that was in place at the time. the case is bringing together some unlikely allies, bringing together a planned parenthood with more than two dozen pro life groups, say they're united in their peamessage that a woma should never have to choose between pregnancy and her job. u.p.s. is changing it's policies starting january 1, it will offer special accommodations to pregnant workers. >> breaking nice tonight, another grand jury, more outrage over a death at the hands of a white police officer, and now another federalal investigation. we'll talk about it all when we come back with the panel. you've tried to forget your hepatitis c. it's slow moving, you tell yourself.
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they made clear, that the investigation, initiated by the u.s. attorney would now move forward, that would be done expeditiously, would be done with a clear sense of independence and that would be a thorough investigation. it was palpable sense of resolve, the federal government will exercise it's responsibilities here and do a full and thorough investigation and draw conclusions accordingly. >> for the second time in two weeks, the grand jury has come back with a nonindictment, not moving forward with the indictment of a white police officer in the death this teem
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of a person this time in new york city, a person by the name of eric garner, we want to take a live look into new york, this is a protest developing on the streets on the way to 30 rock. this is a protest that just developed in the streets there, as you listen in, some of the chann chantinging, you hear the mayor, de blasio talking about an investigation he had. we now know there's a federal investigation into this case, into the death of eric garner, this was captured on videotape and now we have a statement from the police officer there, it is never my intention to harm anyone, my family and i include him and his family in our prayers and i hope that they will accept any personal condolences for their loss.
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>> okay, charles, obviously timing of this, the grand jury just came out. >> the timing is unfortunate, this has no connection with what happened in ferguson. from looking at the video, the grand jury's decision here is totally incomprehensible. it looks as if at least they might have indicted him on something like involuntary manslaughter, at the very least, the guy actually said, i can't breathe, which ought to be a signal that the guy was unarmed, and the crime was as petty as they come. >> which is loose cigarettes. >> he was selling loose cigarettes, which is in and of itself almost absurd that someone has to die over that. but anybody who looks at the video would think, that this was
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the wrong judgment, the problem is in our system, you don't have double jeopardy. if a grand jury makes a mistake, that's the way it is. however, because of our history, there's a way to get around that, and that's a federal investigation, and again because of our history, that has to be a violation of civil rights, whichiwhich i implies that this was a racial incident. so in order to get the second indictment on this, in order to not have double jeopardy, they have to squeeze this into one of deliberate racism and i don't know if there's any evidence for that. but when the president says another case of inekwauquality, the -- one cop out of tens of thousands in the country who might have acted improperly, the use of excessive force or whatever. but the idea that it's a racial incident is required if you're
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going to have a second investigation. and that i think is a problem that derives from our history. and forces us into the category of racism. >> first the medical examiner, autopsy results in this case, the death, compression of the neck, compression of the chest and prone positioning during physical restraint by police. that is from the autopsy result. the other, a.b., from congresswoman martha fudge, from the congressional black caucus, it says, even in the face of video footage, it appears that justice will not be served for mr. garner or his family. there will be no accountability for taking black elys, as an american, it is growing increasingly different -- >> charles is right, they're
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very different, we don't have any video of what happened in ferguson, we're left to wonder what happened from the testimony given to the grand jury. >> much more what happened on the street with two trails of blood, that he was running away from him, was coming back at him. charles is also right that we have this videotape, this a man with four guys on him, not one holding him a chokehold, four. the question is whether or not it's legal in the police department to use a chokehold because it has been ruled dangerous in the past. it's been deemed safe. >> it's not legal. >> if there was one, there were still three other guys on top of this guy who was saying i can't breathe. he was selling untaxed cigarettes on the street. the future is grim as charles points out, the only recourse
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left is a federal investigation. you hear obama, you hear eric holder, and there are so many people in ferguson right now holding out hope for federal action when it's going to be under different criteria and trayvon martin's death is two years old and federal decision is still pending. i don't think people are going to get satisfaction from a federal decision. they're lov they're lumped together because there's an analysis that the grand jury decision is not fair. 06bly the cops appointment out that this guy was 6'3" and 350 pounds, and they have put out this statement from the officer, the grand jury, we don't know the specifics of the evidence they heard as opposed to ferguson where they came out and
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the prosecutor came out and told us all this. >> true and add to that we didn't see what happened before the video started rolling. the video is utterly inexplicable. and you hear him saying that he can't breathe and you note that there are additional officers there, you see him presenting no obvious threat, he is unarmed. how a grand jury could look at that video and consider the other evidence and not come a way with at least a manslaughter charge is befud lgs. you're right to point out that we could learn a lot more, we could learn more mitigating circumstances. certainly there are two sides to every story, based on everything we know right now, i think it's understandable that people would want to go out and protest about this. >> of course, the last word,
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where does this go from here? obviously it soaks things up, you saw the hands up signs in this protest in new york. where do you think it goes? >> the one thing, i mean i can't imagine that there's anything in what was presented to the grand jury that would explain the verdict. but perhaps prosecutor could do what was done in the ferguson case and release all the evidence. perhaps there will be some explanation, although it's sort of unimaginable if you watch the video. that would help, i'm sure there will be a federal investigation. but again, the problem is, if it's going to succeed, if it's going to proceed, it has to be on to the basis of race. and there's no evidence yet, perhaps there's a history here we don't know about. this will be about race, and that's really unfortunate. and i do think that the president stepping out immediately and making the implication, because he used the word equality about race is not helpful in the least. >> also interesting to see a
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mayor of the city encouraging peaceful protests, encouraging protests on his city. the mayor in his statement earlier as these protests go on. next up, the push back on benghazi. hey matt, what's up?
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i'm just looking over the company bills. is that what we pay for internet? yup. dsl is about 90 bucks a month. that's funny, for that price with comcast business, i think you get like 50 megabits. wow that's fast.
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personally, i prefer a slow internet. there is something about the sweet meditative glow of a loading website. don't listen to the naysayer. switch to comcast business today and get 50 megabits per second for $89.95. comcast business. built for business. fought and bled for a government that we swore to protect and now they are calling us liars. we continue to feel betrayed and shunned by our own government that we swore to defend. >> you are just disrespecting the guys who give their lives that night by not being able to tell the truth or even take the effort to put the facts
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correct in your own report that's supposed to be a u.s. government official report. to me, it's just a disgrace to the guys that died that night. >> cia contractors who were on the ground in benghazi talking about the house intelligence committee report. there are charges now from lawmakers and others that the chairman of the house intelligence committee, mike rogers, slow walked this investigation and watered down this report in the process and the way he put it forward. in one exchange, the lawyer for the cia contractors were shocked that the committee hadn't invited any of these people on the ground to testify for a long time and then wouldn't pay for their travel. this is mark zaid the lawyer for the contractors. i'm disappointed that the committee has refused to reimburse my clients who are now private citizens residing far outside the washington, d.c. area for lodging and travel costs had
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had sought their testimony this would have been a nonissue. indeed my clients always expected to hear from congressional investigators but no inquiries ever came to their attention. really strange this push back of this benghazi report. we're back with our panel. steve, you have a big piece coming out in the "weekly standard" tomorrow about this. what about it? >> it's a fascinating back story when you look at the house republican conference generally and how they approach benghazi. clearly, there is a lot of dissatisfaction with this house intelligence committee report. and if you talk to members on the committee, they are unsatisfied. the majority of them are unsatisfied with the report that was put out in their name. the report contends it's the definitive report. the definitive study of intelligence and benghazi. and it's very clear that it's not even the consensus report among republicans on the committee. the piece of the letter that you just read from i think just typifies exactly how out of control this became when you have the committee refusing to pay even to
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hear, these are the guys who went to benghazi. they were in benghazi. they stood on the roofs. some of them next to the people who were eventually killed by the mortar fire. they volunteered to come testify before the committee to share their stories. to share their perspective, and the committee at one point refuses their request just to cover their expenses. so that they can stay here. that doesn't sound like a committee that really wants to hear from these folks. i think it gives you a window into the approach more broadly of the committee. >> the other revelation keeps mike rogers out of the loop. it doesn't make sense for people on the the outside saying wait a second, why is this happening? >> right there. is a definite sense not everyone on the committee felt that this report was not true or fraudulent or a white wash but that it just didn't go far enough. and that the investigation itself didn't go far enough. the contractors never met with all the panel members at the same time. it was sort of they will come by on this day and you
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could talk to them if you want to. there was a feeling from some of the members that the leadership of the committee and the top committee staff were running a very centralized investigation in which they felt that the contract -- they were sort of hostile to the contractor's story. they felt they were pedaling some kind of tail. a consideration that the committee focused on the investigation very much on what happened after the benghazi attack. the days following. what petraeus said in the meeting with members. what was the fixing of the talking points. they deemphasized and focused away from the attack itself and any intelligence or security failures leading up to the attack. >> in fact, charles, mike rogers tells the caucus early on that benghazi is over. that he is done with it and thinks the caucus should move on. now this leads up to the benghazi select committee with trey gowdy that is continuing next week. >> he is leaving the congress. it is over for him. he left a mess behind. look, this wasn't only a scandal.nd a crime.
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there are people here whose reputations are at stake. and there are people whose reputations are being protected. i think the only time we will learn about how that is why it is is when gowdy has his committee hearings and issues his report. until then, we are not going to know. >> make sure to read steve's piece in the "weekly standard" tomorrow. stay tuned for a farewell of one of fox news channel's finest.
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depositions warrant your personal interevenings. >> we have had the honor and privilege to work alongside a true pro- >> wendell goler live on the north lawn. thank you. >> today, his last day, before a well deserved retirement, wendell was in the front row again in the white house briefing room. >> you're 28 years here has been characterized by a lot of professionalism and dedication to your field and that's something that we both appreciate and will miss after your departure it. >> thank you very much. [ applause ] >> wendell, as i said before e we will all miss you here. you always kept it fair and balanced and now in your
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next chapter i advise keep it in the fairway. thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. no online show tonight. covering the breaking news here on fox. greta is up now. this is a fox news alert. right now the nation is bracing for another night of protests. this after a new york city grand jury decides not to indict a police officer in the chokehold death of a citizen. the white officer was cleared in the death of eric garner unarmed black man stopped for allegedly selling loose cigarettes. the controversial grand jury decision coming just after a week after the explosive grand jury decision. we have live team fox coverage tracking protests on the street of new york. hear from dr. michael baden who got a firsthand look at the medical examiner's files protests underway in manhattan. first to fox news correspondent jonathan hunt. jonathan? >>

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