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tv   Fox News Night With Shannon Bream  FOX News  August 3, 2018 8:00pm-9:00pm PDT

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have a great weekend. awesome fly your flag. enjoy life. be happy. it's a trump economy. have a great weekend, everyone. good night from washington. >> this is a huge fox news alert, so stick with us. first a federal judge orders a total restart of the daca program, a major development for open-border advocates. we now await the trump administration's next move. we break down both sides of the argument. it's been called a stunning it can on the catholic church. freezing the foster care program, which is at this hour seeking emergency relief from the supreme court. and president head together ohio ahead of the state's nail-biter special election. democrats say they can smell a win in what they regard as a test of what to come in
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november. plus, we're digging into the escalates faceoff between the rnc and the koch brothers. we begin tonight with the daca ruling just hours ago. a dc-based federal judge ruling tonight that the trump administration must fully restart the obama-era program which provides some level of amnesty to immigrant who is came to the u.s. illegally as children though they're not kids anymore. what's the trump administration's next step? good evening, jonathan. >> good evening, shannon. it's certainly another legal blow for president trump on the issue of immigration. the president had moved to phase out the obama-era action which gives them two-year work
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permits. homeland security secretary filed a memo with the d.c. court in join, asserting that dhs have the discretion. but district judge john bates wrote, although the memo purports to offer further explanation, it fails to eli elaborate meaningful on the decision. and judge bates wrote that if the agency wants to rescind the program, quote, it must give a rational explanation for its decision, an assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post-talk policy assertions simply will not do. they have other rules in california and new york which
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prevented the administration from ending daca. this new ruling by judge bates goes much further and would mean the entire program would be reopened, meaning new people would be able to apply. there will be yet another court hearing on daca next week with a seven-state coalition led by texas seeking to have the program declared unconstitutional. that, of course, was set up conflicting judicial order, shannon. and we all know that means it'll likely head into the supreme court. >> thank you so much. all right. so what do our legal eagles think? a general counsel at the american civil rights union. great to have both you've with us on this friday night. doug, let me start with you.
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essentially it sounds like what they're saying is dhs and this trump administration didn't put up a good enough argument. but it never had the constitutional authority behind president obama to start it, and so why can't this president unwind it? >> on the one hand, you can report somewhat fairly that this judge is giving a stinging rebuke of daca itself. but this was the judge who back, shannon, april 25th, gave the government 90 days, making it clear that if you articulate a solid reason for it, the court will listen to it. the judge said, once again, you failed to articulate it. the judge said, this court is not holding that dhs cannot
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terminate the program. they're saying, you didn't give us a sufficient reason. >> in the meantime, let me read a little bit of the judge's decision. the courts simply hold that if they wish to take any other action, it must give a rational explanation for its decision. that a prior policy is illegal simply won't do it. ken, is this their fault for not getting this right? >> i think this is going to be the travel ban 2.0. it means we can't get kavanaugh on the supreme court soon enough. he needs to be confirmed as the new justice because this case may end up there eventually. the reality is there are three legal problems with daca. there's a federal law with how agencies make policies to implement stac statutes. it's the administration procedure act. when both daca and dapa were
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created, it did not go through the apa. if the regulate violates another federal statute, it's illegal. they do it through the immigration and nationality act. but every president has the duty under article 2 of the constitution to take care that the laws be faithfully executed. the fifth circuit appeals court three years ago held that daca was constitutional because it violated the acts. the court didn't even reach the constitutional question because they say there are multiple ways that that's unconstitutional. all that went on here is the president and his dhs secretary and attorney general looked at that decision and said, well, if daca's illegal, then dapa's illegal too. if we're doing something illegal today, we need to stop it today.
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and that was their rational explanation. >> they weren't very big fans of the reasoning in what they received. our buddy buck sexton tweeted, why do we even have a president? apparently all we need is a handful of left-wing federal judges. doug. >> well, under separation of powe powers, and working off ken's point, he's right. the argument is president obama did not have the authority to put this program in by way of executive order. i agree with that. the irony is it gets volleyed back in your face. it's very ironic in my upon. >> i want to read a little bit from this new report. they said this into looking into daca. the truth is we led those for criminal arrest be provided
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protection from removal under daca. until that can be revealed, this only reinforces the need for continued review and scrutiny. ken, getting to doug's point there about this argument, what it always turns back to. >> that's exactly right. the courts held this violated the administrative procedure act. and there were those that hinted that even if all that were satisfied, it would still violate the president's duty under the take care clause of the constitution to carry out the law as congress makes it. so the fact that president trump looked at this and his cabinet looked at it and said, guys, obama's program is illegal. we need to stop it now. it turns everything on its head. the judge has it completely upside down to say that a prior administration is breaking the law, that a new president cannot immediately stop it. and i think that's what the courts will say on appeal at the
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supreme court, if need be, which is why we need kavanaugh. >> just to remind everyone, justice kennedy is officially retired and stepped down. so we have eight judges. doug and ken, thank you both very much. all right, tonight, good news out of mexico on the nafta front. but china is threatening new tariffs. all this as the administration is touting more good news. hi, edward. >> unfolding today, the mexican trade says pennsylvania there are just three more issues to iron out. my sources say the u.s. wants to make a deal with mexico to be to be able to make a deal with canada. the mexican president elect
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wants to show that he's a deal maker and have an agreement for his first day in office december 1st. this coming on a day that china announced retaliation tariffs, $60 billion in new u.s. goods tariffed at 25%. this also includes the energy sector for the very first time with shipments of natural gas on the list. >> the chinese had better not i understand estimate the determination of president trump to follow through and seek zero tariffs and a level playing field and major reforms in forced transfer of technologies. >> my sources say the chinese thought there would be a larger outcry from farmers in the united states to back off. that never materialized. in fact, senators from farmed
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states are using -- they feel they can take on china because of our economic numbers. 157,000 jobs created in july. we need to look at the big picture. manufacturing jobs are up. asian and hispanic unemployment are near record lows. the overall unemployment rate down the 3.9%. >> the white house has plenty of good news when it comes to the economy. but is it being overshadowed by the president's fights with the media? if president trump isn't going to spend every day making this the dominant discussion, then no one will. the press is not going to do. democrats sure aren't. our political panel tonight. gentlemen, good to see you.
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okay. so if the president wants to help the gop win this, he's got to rally the base, remind them of all the promises he's kept to them, but also remind them of how good the economy is, telling them, i hope you're going the prosperity. and this is just the beginning. he spent a lot of time going after folks because he enjoys it. >> but i also think at some level he's so narcissistic he can't help it. he's so consumed with the notion that people might deem it tainted. he can't stop assaulting that instead of focusing on things he's actually accomplished. >> how dare a guy who's wrongly accused be defending himself against a media that keeps bringing it up. the president can talk about all his successes until he's blue in the face. the only time you really hear him talk about this is when the
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president is saying out loud during the rallies. the media is going to talk about whatever they want. it's not going to be successes. the president claims he'll be campaigning six days a week. >> but also when the media -- i think they figured him out, much as he's figured him out. there's a lot of back and forth there. they know no matter how much he can talk about the economy, they know when they talk about russia and whether russia helped him win the election, it sets him off, but he almost always takes the bait. >> he does. he can't help it. but maybe there's a method to his madness. he wouldn't mind at the democrats take the house back. >> it could also make it easier for him to get impeached. that's what we keep hearing the democrats are going to do if they take over the house. a little bit more i want to read you. this is from a former senior health and human services
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official saying, the president's daily feeding of the outrage machine allows us to get things done on a daily level. if a cable news anchor spent hours and hours of air time dissecting trump's tweet, but they barely notice other things. we've got a whole list of things they're doing here through the nrb, the irs, the epa, the labor department. things are happening. people close to the white house say, we kind of like that we're sneaking all this under the radar. >> he's got this laser pointer and everybody's distracted like a herd of kittens and they're all running all over the place and he's getting a lot accomplished. a record month to month. it's never been this long that we've had this many months of jobs added to the economy. you see black unemployment, the
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actual share of black employment in the united states to the overall population of black citizens and white employment, white citizens, it's about as close as it's ever been. it's a record in terms of how close this number is. >> more jobs created in the last 18 months of the obama administration than the first 18 months of this administration. >> so how much does the previous administration get? because we always see with new administration they want to blame the last administration for the bad things but they want to carry over all the good things and say it's because of the last guy, not this guy. >> politicians probably take too much credit for good economies and try and walk away too quickly from economies that are bad. here's the reality. when it comes to the ways governments can help people who make money, getting out of their way is a huge deal. and the trump administration deregulation has been a tremendous boon to the economy.
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>> we talk about the fact that the mainstream media is not going to champion things positive to this administration. she has this to say about this back and forth between the president and the media. >> donald trump did not create distrust of the media. distrust of the media helped create donald trump. and the media need to get a handle on why so many americans don't just dislike them but loathe them. >> are they pushing the president's base more towards him, proving his point? >> i actually do think there's a lot to that. if you look at the level of outrage and animosity toward him, that can only serve to heighten the strength of his core base and say, look, we're with you. and democrats go too far with that. that can only help the president. >> the president needs to not be so emotional about this. they get too spun up and nobody likes whining. they run direct into the guys
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they don't like. >> it's less policy information that gets out to the rest of us of the all right. have a great weekend. president trump's lawyer making a decision about whether he will submit to an interview with special counsel mueller. they're also interested in whether he obstructed justice involving comey. the presidential legal team will make a decision on an interview within ten days. well, a new front opens up tonight in the religious freedom fight. the city of philadelphia freezes a catholic charity foster care program apparently over a hypothetical situation that's never happened. >> a dangerous movement is now challenging and eroding our great tradition of religious freedom. >> we'll debate that.
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they agree to meet with kavanaugh soon, but is it actually going to speed up the confirmation process? not exactly. and wilke has taken the range as the secretary. a lot to clean up there. that's coming up. no matter who rides point, there are over 10,000 allstate agents riding sweep. call one today. are you in good hands? maybe not. maybe you could trust you won't have to actually talk to your neighbor. are you watching the game tonight? or... could just trust duracell. ♪ tired of constantly battling lingering smells in your home, just trust duracell. like pet, shoe, and body odors? for long-lasting, continuous freshness, try febreze plug. febreze plug provides 45 days of freshness, with a unique dual chamber design that alternates between harmonized scents
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>> this is a fox news alert. tonight catholic charity services is asking the u.s. supreme court for emergency health. philadelphia has frozen the foster program because it doesn't believe in same-sex marriage. talking with the president of the national center for life and liberty. >> delighted to be with you, shannon. >> obviously the catholic charities have not won and are coming to the supreme court for health. when css freely chooses to contract with the city, they cannot there after alter those terms or dictate others to establish city law prohibiting discrimination in all its forms.
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the city says this charity doesn't support same-sex marriage and so they can't be in contract with the city of philadelphia any longer. >> that is, number one, totally incorrect in my upon. here you have catholic charities providing these services in philadelphia over 50 years, huge amount of children being helped. and now the city is saying, because you have this religious belief, we as the government have a right to ban you from participating in the program. they make exemptions all the time. for them to step forward and say that the catholic charities cannot participate is really the government establishing religion. they've created their own new little religion that if you believe the bible or believe this about marriage or believe this about what constitutes same-sex marriage being right or
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wrong, that you're banned from doing business with the government. in my opinion, that's exactly what the founders never wanted. >> in reading this emergency filing with the supreme court, the catholic services group said, one, this has never happened. this is a hypothetical case. there are no complaints by same-sex couples or anyone else against this charity. the city told them this. it's time to change your religious practices because it's not 100 years ago and times have changed. so the catholic charity has been told to break with the doctrine of the church if they want to continue to help kids find foster homes. >> we have a government of one of our largest city telling a faith-based administration, deny or abandon your faith or we will
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not work with you anymore. and that is ultimately a very scary thought because in my mind -- we think about the civil rights analogy of where rosa parks said, can i sit on the front of the bus versus the back of the bus? in this case, the city of philadelphia is saying you're not allowed on the bus. you have to wonder where does this stop, because now they say this organization can want participate. well, what about someone that belongs to a church, or goes to a ministry, or personally has a belief. can they do the government work or will the government say, we have a new litmus test. if you believe this way, you would be banned for even working for us. i think this is a huge assault and i'm a little scared the courts may -- they've already ruled wrongly on this so far, but it's going to require some action possibly from even washington to step in. >> this emergency situation now goes up to the supreme court.
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we only have eight justices now because justice kennedy has officially stepped down. a lot of possibility it'll end up in a tie. can you give us your take on where this may or may not go? >> i know it's very difficult. the case will still go forward. the problem is catholic charities is saying, we will be out of business if the government pulls all our contracts. i'm a little fearful, but that's why it's important that those overseeing it step in and say, wait a minute, this type of discrimination violates our first amendment and has to stop. >> we covered a lot of this. these are the kind of cases that they have been getting involved with. we'll see if this is one of them. great to have you with us. >> honored to be with you. >> all right. more legal action.
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tonight one of paul manafort's tax prepares said she reduced his tax burden. she agreed under pressure to alter a tax document for one of manafort's businesses. the testimony comes during the fourth day of manafort's trial. democrats announcing they do plan to begin meeting with the president's pick for the supreme court after the recess. but if you think that constitutes thaw in the bickering over kavanaugh, think again. >> democrats intend to launch a new strategy on the nomination of kavanaugh when senators return to town later this month. they're expected to press kavanaugh to join them in
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calling for and supporting release. >> now we have somebody that's extraordinary, as you know, judge kavanaugh. >> democrats are calling foul after the national archives said it wouldn't be able to produce all the documentation until late october. still they're expected to hold the kavanaugh confirmation hearing in september. >> if you were to stack up all of these pages, it would be taller than the statue of liberty. >> for conte they've requested some 900,000 documents for kavanaugh, which is why it will be a time-consuming process. if they don't want to review the documents, they've already made
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up their mind. >> we will not rest until kavanaugh is defeated. >> experts say his lengthy paper trail shows he's reliable but provides a challenge will democrats. >> they have a lot of fodder for questions for him. he goes in with a burden to show that he will respect precedent. >> others suggest the democrats' request is excessive and a stall tactic. >> they're actually seeking the documents that are least likely to provide any inkling of legal issues. >> many of the democrats who say they'll not meet with kavanaugh have already publicly opposed him. they're still seeking millions of irrelevant documents. >> all right, for years the koch brothers were the mega donors in conservative politics. but following, the republican
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national committee is making a bold statement of its own. next to discuss. and there are breaking new developments late tonight from the koch brothers. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. add-on advantage. no, what?? i just switched to geico and got more. more? got a company i can trust. that's a heck of a lot more. over 75 years of great savings and service.
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falls; seizures; impaired judgment; heat sensitivity; and trouble swallowing may occur. you're more than just your bipolar i. ask about vraylar. >> it's been called the fight of the republican party. the trump revolution now taking aim at some of the most influential names in politics, the koch brothers. and they're holding back on an endorsement in this key senate race. sending this memo to donors, quote, this week they will no longer support only republicans running for office. and they will support candidates that fit their agenda, even if they're democrats. this is unacceptable. well, tonight the koches are
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firing back. good to have you with us tonight. okay. so later tonight we are getting this letter that apparently went out there generally counsel at koch industries. they say the koch network has never been an appendage of the republican party. while proportedly the koch brothers cared about an ideology, proportedly they cared about that. and i would ask them in response to their statement, how does supporting heidi a democrat, how does that advance conservativism or libertarianism? it simply does not. >> but if they're withholding an endorsement there for the republicans, is that the same? >> they put out a very friendly ad supporting her. they have actively opposed republicans, actively supported democrats.
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and so way back in 2015, the rnc understood they're not beholden to conservativism. not the case with the koch brothers. >> he says, we have a long-term commitment to unite around issues that will help people improve their lives. we will work together with the president, elected officials and others where we agree and where we disagree we'll do so in a civil way. so clearly they're more about specific policies and issues and agendas than they are any partisan commitment. that's clearly going to be at odds with the rnc which is never going to support anything but republicans. >> while that might sound nice on paper, we don't necessarily believe that at the rnc. they're putting their business
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interest above their party's interests and ideology. they're worried about being taxed overseas. bring that money and wealth here to benefit the u.s. and its citizens. it's said but that's unfortunately what the koch brothers have become. >> rick tyler said this. the rnc distancing itself from the koches represents the republican's embrace of new-founded identity as a cult. at the used the c word. >> certainly not a cult. and he's talking about free market economics, which is quite perplexing that the koch brothers have positive ads out against people who have opposited free market economics every step of the way. he might want to reanalyze his support of the koch brothers and change his support to that of the republican party.
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>> dangerous to rely too heavily on these big-name donors. the democratic party finds they don't exactly align with him either. dangerous to throw in with either side. >> way back in 2015, we had a choice. and not to get too much in the weeds, but we had a choice to have their data inside the confines or to export it to the koch brothers. reince said, no, we can only rely on our party. thank goodness we did not rely on the koch brothers who now don't support the president and new republican presidents. >> they said they want to work with him where they can. we'll see how well that goes, if they kiss and make up.
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kaileigh, thank you for coming in. the museum in washington, d.c. h has decided to cash in on the fake news craze. and after a couple of campaign rallies earlier this week, the president heads to ohio tomorrow for round three. stimulant laxatives forcefully stimulate the nerves in your colon. miralax is different. it works with the water in your body. unblocking your system naturally. miralax. now available in convenient single-serve mix-in pax. your insurance rates a scratch so smallr you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪ we're inspired by color, driven by clarity and dedicated to improving your view, no matter your vision. our prescription sunglasses are the most technologically advanced available,
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>> it's being called the last major gut check for republicans
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and democrats. a preview of how the president is fighting to win big he hopes in ohio. he's planning to head there tomorrow. he was just in pennsylvania. he's going to campaign for a republican house candidate who seems to be hanging on by a thread in a district that is historically red. they're vying to represent ohio's 12th congressional district in the u.s. house of representativ representatives. this is a race republicans expected to be a relatively easy win, but it's not panning out that way. the latest poll puts the pair about one percentage point apart. support among potential voters. he was up by 10. this is the last special house election before the midterms in november. turnout is expected to be low but on all sides analysts and
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campaign officials are looking at this to try and get some clues about voters, what they're thinking, what sort of campaign resonates. he's trying to put his opponent in the same category as so-called washington liberals but o'connor is running ads rejecting. p >> liberals in washington want to repeal tax cuts and hike taxes on working families. o'connor is just as dangerous. >> we need change on both sides. i'm danny o'connor and i approve this message. >> he's trying to paint himself as a moderate, as you just heard. this could be a repeat of the special election a few months, one that was considered to be a solidly red district. >> hmm, a lot to watch there. the president seems to love
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being out there on the road. seeing him in ohio and a lot of other places. >> he seems like he's going to ramp up, too. he told sean hannity he'll do six or seven a week. all right, alison, thank you. all right. time now for your real news round out. a museum is defending its decision tonight to sell "make america great again" hats and this t-shirt that says, "you are very fake news." a spokesperson for the museum is defending it, saying, being in a place where different people feel welcome is very important. second disney movie this year to be banned in china. winnie the pooh. chinese authorities also blocked hbo's john oliver for making similar comparisons.
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and if you are prone to keep up with the kardashians, british researchers say you may be more likely to develop negative attitudes towards the poor. even one minute of exposure to what they call materialistic media. there is more emphasis on materialism to be happy, but that tends to make us inclined to be more anti-social. it is a tough job with a number of major problems to solve for our veterans. fox news' exclusive interview with the new secretary. you wouldn't accept an incomplete job
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>> robert wilke was sworn in earlier this week as the new secretary of the veterans affairs department. and tonight he speaks exclusively to national security correspondent jennifer griffin about the big challenges that lie ahead. >> shannon, we had the opportunity to sit down with the new va secretary for his first interview since being sworn in on monday. it's still plagued with
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inefficiencies. he worked for condoleezza rice and has years of experience on capitol hill. now he may have his toughest assignment yet. >> on his daily walk to high school with the woman who is now his wife, he passed by the fayetteville va hospital which bore the insubscription "the price of freedom is visible here." it made a big impact. >> for wilke, this assignment is person. his father was severely wounded after multiple tours in veto in an. >> he came back to us weighing about half of what he did when he left. i watched his recovery. it was agonizing. >> the problems at the va were spotlighted, when it was revealed that veterans were put on wait lists and were denied to
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see doctors. amputees were denied wheelcha s wheelchairs. >> i just heard a story this week of a triple amputee who applied for a wheelchair and he was rejected. why are they still turning these down? >> they look at a patient as just a generic number coming through the system. and that's not the way it should be for those who have sacrificed the most, those folks need to be at the front of the line. >> will you commit to changing the system, where they don't have to drive three hours every six months to show they're still an amputee?
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>> absolutely. >> another promise unfulfilled is to the spouses and mothers caring for recent war vets in their 20's who will be disabled for the rest of their lives. >> the caregivers want permanent status recognition and they also want permission to be able to work outside the home and still receive caregiver benefits because they still need to do so to make ends meet. will you commit to changing that >> >> absolutely. >> that young man saw thousands perish in a matter of minutes. >> he serves with his wife's grandfather, whose bible will he use to take his oath. >> what wilke has found at the va and in previous jobs overseeing personnel and readiness at the pentagon, this is not his father or even his grandfather's military. >> the va only recently put in women's bathrooms in their facilities. >> we need women's services.
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we now need maternity services for our women veterans. when my father was commissioned right before the kennedy administration less than one-half of 1% of the force was female. today it's 17%. what that means for va is that 10% of our va patients are now women. the world has changed and we need to change to meet those needs. >> in his new office, he hung a portrait of omar bradley, the first secretary of veterans affairs after world war ii and chose bradley desk as his own. >> it was really a visionary. >> the president has promised veterans that if they need to see a private doctor, the government will pay for it to make sure secret -- vets are
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seen. >> we don't turn veterans down. a private facility might. we don't. >> wilke's first test will be to deal with the low moral of the 37,000 people who work for the va and to address the brain drain exacerbated by the turmoil. the va is currently short doctors and nurses. >> a pair of delta passengers being hailed as heroes, as restraining a violent passenger who was talenting to, quote, take the plane down. former corrections officer and another man who identified himself as being with the coast guard were able to handcuff the man to his seat and kept their
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(door bell rings) it's ohey. this is amazing. with moderate to severe ulcerative colitis, are you okay? even when i was there, i never knew when my symptoms would keep us apart. so i talked to my doctor about humira. i learned humira can help get, and keep uc under control when other medications haven't worked well enough. and it helps people achieve control that lasts. so you can experience few or no symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores.
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don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, control is possible. >> martha: i'm back on monday with "outnumbe ♪ >> tucker: good evening and welcome to "tucker carlson tonight"! for almost two years, the left has been resisting donald trump, yet he has stubbornly refused to stopping this country democratically elected president. unable to topple him from power by impeachment, rest, harassment, or any other means, so i far, the left has not given up. they have become angrier, by this point, totally distorted by their rage. the usual epithets have lost their power from overuse. nobody calls trump a sexist anymore or even a bigot. that is too kind. mussolini, stalin, hitler, maybe all three combined, plus jeffrey dahmer and john wayne gacy. no wait, that's not bad enough. he is


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