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tv   Fox News Night With Shannon Bream  FOX News  November 9, 2018 8:00pm-9:00pm PST

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hope you'll check it out. i fear that i did the show in washington, jim acosta of cnn might grab the microphone and refuse to let go. one lady he better not mess with his laura ingraham, he might pull that stunt with a white house intern, but as they say, we are out of time. here is a shannon. >> shannon: this is a fox news alert, razor-thin margins in florida as midterm races as the recount could start as early as tomorrow and bitter legal battle is already underway peer the other top story, at least nine people dead in the fast-moving wildfire in northern california burning out of control, and it is not the only one. in southern california, different wildfire prompting mandatory evacuations for the entire city of malibu. we will take you live to the scene. and later, night court returns tonight, 69-year-old dutch man wants to legally change his age because he identifies as much younger. it does he have a case?
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our legal eagles break it down, and you, and always come are the jury paired hello and welcome to "fox news @ night," i am shannon bream in washington. allegations of potential fraud thwarted by g.o.p. candidate rick rick scott, as they report thousands of new ballots. now it looks like one of the most highly contested midterm races could be decided not only by the voters, but by the courts, as well. tonight's power panel will weigh in shortly, but first, coverage with leland vittert, and we started miami. good evening, phil. >> good evening, shannon. broward county is really pushing it to the limit making the secretary of state 12:00 saturday deadline for the unofficial election results in tallahassee. all of this happening on a day when republican rick scott, the senate candidate for that is still race, wins it jericho critical emergency lawsuits. inside the broward county canvassing board, just recessed about 30 minutes ago after being
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there for the past ten hours, going over all the remaining provisional ballots under oath, overcoats, and comparing and discarding signatures. outside, the day began with reminisces of the year 2000, that election recount part, people with signs, flags, yelling and screaming, each side accusing the other trying to steal the election. at least two critical victories, supervisors of broward and palm beach county, alleging they are not being transparent as a state law requires that their campaign team observers inside the canvassing board meetings being allowed to get close enough to see what has been going on, as well as to hear, exactly, how voter intent is being decided. both judges late this afternoon ruling in scott's favor, they really wanted to get in there. as of 7:00 tonight, the scott team was able to get what it wanted. that is the records of the
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voters in broward county from election day. the election chief there, brenda snipes, under the gun for being subject to chance of "lock her up," she has maintained she has done nothing wrong, no impropriety whatsoever. the closest race in u.s. history -- state history, my apologies -- as if scott leads over nelson just 15,000 votes out of 8 million cast. nelson has closed that gap, more and more votes have been added to the totals this week. the league right now for scott is less than 0.2 percent, 0.18 of 1%, that is in recount territory. governor scott thinks a lot happening in broward county, one of the state the biggest democratic strongholds. everything is suspect. seeing that nelson is trying to commit voter fraud in the broad daylight. in seeking accountability.
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they have lawyered up in our monitoring. mark elias, the recount team, and his attorney, held a conference call with the media today. >> my expectation is that those provisional ballots -- across all counties, will be more democratic, and that we will therefore see the overall margin narrow. >> governor scott in a late press conference, also demanded that the florida department of law enforcement investigate the count process that is going on, as well as any possible voter fraud. at 24 later, they said they looked and found absolutely nothing. the deadline is at 12:00 tomorrow for the unofficial election night tallies up to tallahassee peer the secretary of state will then go through those numbers, add them up, and
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any race decided by less than half a percent automatically goes to that automatic machine recount. secretary of state has indicated he expects to make that announcement and call for that sometime in the afternoon, and the canvassing board will most likely start running those ballots through machines one more time. shannon? >> shannon: as the court battles rage on sidelines, phil keating, thank you very much. a handful of other races still undecided tonight. president trump weighing in on the senate race in arizona. georgia republican brian kemp said he is going to begin his official transition to governor. his opponent, though, still refusing to concede. wait until you hear what her campaign is up to tonight. correspondent leland vittert leland vittert is keeping track of all that they lets start with what is going on in arizona. >> in arizona, both sides agree on one thing. which is that they are going to be victorious. unlike in so many other of these races, they might be right. there are hundreds of thousands of balance yet to be counted. right now, kyrsten sinema over
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martha mcsally by 20,102 votes. it has gone back and forth since election night. sinema has taken this lead, though, postelection night, and is counting continues of the votes that came in via the mail, right now there are 62,000 ballots to go. republicans are trying to foul and accusing democrats of fraud. from president trump, he said just out in arizona, signatures don't match, electoral corruption, call for new election. from the president, we must protect our democracy. unclear where he got the idea there could be a new election. this could go well into next weekend this weekend as more counties report. this could go on for a while, shannon. november 14th is the latest date given by the counties for court settlement, and remember, this
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isn't the recount, this is just the first count, then we could have a recount and challenges. >> shannon: are going to talk about why this is happening in arizona. news in georgia, brian kemp saying he is ready to set up office. >> it appears there is much more narrow path for the democrats then either in arizona or in florida. a stacey abrams right now is behind brian kemp a little over 62,000 votes. the secretary of state's website said there are only 21,190 outstanding ballots, but the abrams campaign says they think there are enough additional ballots, either in the mail or not counted, that somehow, from those numbers, they can force a runoff. >> our current best guess is there are at least 30,800 outstanding ballots. now, this does not include the military and overseas ballots
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that, in georgia, had to be received by the end of today. >> remember, the difference is at 62,000. it brian kemp resigned his job as secretary of state and says the numbers just don't add up, and he is ready to become governor. all right, we don't have -- >> our decision to move forward, the number is actually lower on the number of provisional ballots. even if she got 100% of those votes, we still win with 50% less one-vote majority, it is actually much more than that. so we are moving forward with the transition. >> the president agrees, he has tweeted that brian kemp ran a great race in georgia, he won come a time to move on. abrams twitter account notes of the deadline to call about your provisional ballot ended at 5:00 p.m. today in georgia, six hours ago. so where does it go from here,
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shannon, they are putting their money where their mouth is in the abrams campaign. they just announced a $250,000 add buy to tell people to vote for a runoff election that has not yet been announced been announced. >> shannon: standing by, it is hard to keep juggling -- >> we can move on to whatever you want. >> shannon: we have reporters on the ground everywhere and we will follow this through the weekend and as long as it takes. thank you very much. for more analysis, let's bring in the power panel, richard fowler, from "the wall street journal," fox news could trigger jason riley, the former deputy assistant to president george w. bush, brian blakeman. gentlemen, welcome to all of you. >> good to be here. >> shannon: brad, i want to start with you, because you were in the middle of the recount in 2000, you know this is like. now we have multiple states where this is happening, to lehman by tort's point, they have been preparing for all positivity's, voters elected to vote by mail, receiving absent teen ballot for the runoff, and we just approved a tv buy.
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they are not conceding. >> they are not, but the math does not work in georgia. in my opinion, it is putting good money after bad. they shouldn't be putting that kind of investment out and putting that false hope out to their supporters. they should be conceding. there is something to be said about the florida races, as well as the arizona races. those are clearly not over until every vote is counted there. the mouth is there to warrant the kind of recount that is mandatory, but certainly not in georgia. >> shannon: richard, by tomorrow at 5:00 p.m. -- excuse me, by tuesday 5:00 p.m. in georgia, all the counties or spouse to certify that this is over. i imagine there is going to be lashed back in georgia, because i don't know how -- the two sides are so entrenched at this point. >> i'm glad you brought that up. it will deafen and about the courts. the idea of a recount and how long it takes to actually count votes, right? i think people assume election
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night, making projections, those are actually winners, and that is not necessarily true, they are called the projections for a reason. you have to wait for the of individual counties in the secretary of state in every state of the union to actually certify the election. that takes three, four, five, sometimes seven days to get done because you are to count absentee ballots from the military, absentee ballots aren't diplomats, from citizens abroad, provisional ballots, that takes time. instead of rushing the process, which i've seen a lot of folks push us to do, including the president, why don't we let the votes just get counted? that is what democracy is about, counting votes. >> shannon: it takes time. a lot of people wondering what is going on in arizona. every state is allowed to run these things within certain parameters the way they want to. they all have different, you know, state statutes and that kind of thing. in arizona, the fact it is taking so long, really not that unusual pier "the washington post" writes about this and says state law requires the envelope -- because so many people vote by arizona -- the envelope to be sealed inside and for election
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officials to match each signature to the one on file with the voter registration before even opening the envelope. in the selection, that is about 1.7 million individual signatures that had to be confirmed one by one, a total of about 2.3 million votes were cast in arizona. the new totals tonight continue to take sinema up, the democratic challenger there. any path you see for mcsally at this point, the republican? >> it is looking tough for the republicans out there in arizona. but i don't think there is as much suspicious about the process going on out there as there is back east, particularly down in florida. we know that some democrats have trouble accepting that they have lost elections. we saw this in 2016, and it looks like it continued earlier this week. particularly in south florida, and broward county, republicans have reason to be suspicious. the election supervisor there has repeatedly reprimanded by judges for destroying ballots, illegally, counting other ballots in secret, and the real
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question is whether the democrats that are going in -- going down there right now -- are there because of ballot integrity or their to change the outcome of the election. and i think that republicans are right to be skeptical of the process. >> shannon: i want to make sure we spend time on florida to weigh in on this. i will ask you to move a little bit briskly. brad, start with you. mark elias, the attorney who represents a number of democrats and is a household name to a lot of people in these races, and in these fights and courts, he says this. breaking provisional ballots for counted and counties can best, the margin on florida's senate race has fallen under 15,000. i expected the margin too tight and further in advance of tomorrow's 12:00 deadline peered as i said before, this is a jump ball going into the recount, which could be troy triggered as soon as 3:00 tomorrow. >> it could. there's something very suspicious, 67 counties in florida, whenever there's a problem, it always comes down to the democratic stronghold of broward and palm beach county. i witnessed firsthand, the governor had to bring a lawsuit
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in order to get his people in their to conduct oversight. we had to do the same thing in the florida recount in 2000. there were ballots found in trunks of cars, hallways, and ballot security was nonexistent. and so the is in question here because they have a history of it. >> i'm glad you brought up integrity, brad, because the law enforcement body for the state of florida has already looked into this and said they see no evidence of fraud. >> still has a judge -- >> shannon: guys, just so people know, there have been two rulings today that seem to benefit the scott campaign at this point, because there are state statutes here in play, and reporting and transparency, that needs to be -- jason, i want to give you a final word, because bill share, an attorney who wasn't dealt with a number of problems in broward county, says he has been filing against brenda snipes. having doubts about how these
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boats are left -- that is not fair to the left or right, democrats, anybody who voted. >> there are problems with the election supervisors, a track record of shenanigans down there. everybody knows all of the votes should be counted, but we need consistent rules to make sure all of the votes are counted the right way and consistently and fairly on both sides. again, republicans have reason to be suspicious. >> shannon: guys we are going to run out of time. listen, we know there are many other court orders that have become out tonight and are going to kick in tomorrow. listen, we know this is far, far from over, but i appreciate jason's use of the word "shenanigans." thank you all very much. to be continued. president trump, other world other worldview leaders, in paris right now to commemorate 100 years since the end of world war i. the chief white house correspondent live in the city of lights tonight. good evening -- or good morning -- to you, john.
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>> yeah, very early in the morning, 5:00 a.m., the president will be getting up and getting about his day, the first order of business is going to be a bilateral meeting with the president of france, emmanuel macron. the president is here where observances come as you mentioned, the centennial, the armistice that ended world war i, 117,000 american service members died in what was know as the great war, so the president has a couple of ceremonies he will be participating in. one of the cemetery, which is northeast of the city of paris, but halfway between paris and reem. on sunday, they will be at another cemetery, which is in the northwest side of paris, a beautiful view over the city. to participate in a ceremony there. leaders from dozens of other countries here, as well, for the commemoration pair the president on his way out of the white house today saying he is really looking forward to it. >> president trump: we look forward to that, it will be a great commemorative service. i think it is going to be
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something very special. i see what they have planned, and i think it is going to be something very, very special. >> as we mentioned, the president starts of the day off with the bilateral meeting with the french president, emmanuel macron, over the last year and a half, the president and mccrone have developed a very warm relationship, many people have said it is like a bromance, but that may have been a bit of an iceberg, because on tuesday, on a radio talk show, macron said europe needs to do more to protect itself. a needs a european army to counter threats from russia, china, even the united states. macron saying we need to get up on its own without relying only on the united states. dad rubbed president trump the wrong way just before air force one landing, the president tweeting president macron of france is suggesting that europe built its own military in order to protect itself from the u.s., china, and russia. very insulting to ride but perhaps europe should first pay
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its fair share of nato, which the u.s. subsidizes greatly. russian president vladimir putin will also be here for the commemoration, but it looks like the president is not going to have anything more than a chance or a brief encounter with vladimir putin. he was talking last month, so was the national security advisor john bolton, about having a bilateral meeting, but the president's time in paris is a short and they will not be enough time. that meeting will be pushed back until later this month. here's the president again from this morning. >> president trump: i will meet with putin at the g20, i don't know that we are seeing each other in paris. but we may -- we have a good relationship, having a good relationship with russia and china and every other country is a good thing, not a bad thing. >> there is a good chance that they two gentleman will actually encounter each other tonight, a dinner at the museum here in paris, but even if they do brush by each other, shannon, it could
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be tense, because remember, on thursday, the united states slapped new sanctions on russia for human rights abuses and trying to absorb crimea into the russian economy. a little frosty between the two. >> shannon: it might be. thank you for staying up so late, or getting up super early, whichever it was, for us. "the wall street journal" reporting tonight that president trump had direct involvement in the hush money payoffs to women alleging previous relationships with the president. did he break the law? correspondent kristin fisher is digging into the details. >> good evening, shannon bear the report in "the wall street journal" is a big deal because it raises the possibility that president trump may have violated several campaign finance laws. the report claims that federal prosecutors have evidence that mr. trump was involved in or briefed on nearly every step of the agreement to keep stormy daniels and karen mcdougall quiet about their alleged affairs with the president. and a lot of this is coming from his former self-described fixer, michael cohen, who has already
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pled guilty to campaign finance violations. he reportedly told federal prosecutors and then candidate trump ordered him to "get it done" in regards to paying off stormy daniels paired president trump has acknowledged the payments, but he said back in august that they came from his personal bank account, and not from the campaigns account. >> it didn't come out of the campaign, they came for me, and i tweeted about it. i tweeted. about the payments. but they didn't come out of campaign -- my first question when i heard about it was, did they come out of the campaign? because that could be a little dicey. and they didn't come out of the campaign. >> now if that money did come out of the campaign, president trump would have had to use more than $2700 worth in order to be convicted of a federal campaign finance crime come according to the journal, simile being involved in the payments without meeting that td not be enough. but tonight, certainly more
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evidence than there was this morning that the president of the united states some kind of campaign finance law. the white house, it is referring all questions about this report to the president outside counsel, jay sekulow, who has it so far declined to comment. these outspoken attorney for stormy daniels, michael avenatti, is saying this confirms what he and his client have been saying for months. putting on twitter, in light of the payment of my client and trump's involvement, we are calling for the immediate indictment of the president. no one is above the law of the united states. but there is still a considerable amount of debate over whether a sitting president can actually be indicted, shannon. >> shannon: all right, kristen, thank you very much. our other top story tonight, multiple wildfires raging in california, we will take you there live as the death toll climbs as hundreds of thousands of residents are forced to evacuate.
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>> i don't even know what to sa say. >> shannon: later tonight, new pressure on the president over the man he has chosen to be his acting attorney general. catherine herridge is here to break it down after the break. ♪ i earn unlimited 2% cash back on everything i buy. and last year, i earned $36,000 in cash back. which i used to offer health insurance to my employees. what's in your wallet? a moment of joy. a source of inspiration. an act of kindness. an old friend. a new beginning. some welcome relief...
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>> shannon: devastating wildfires ripping across california with nine confirmed deaths. officials say the town of paradise in northern california is destroy e edestroyed. >> good evening, shannon. the fire burning out of control. early estimates indicated around 14,000 acres. that number has more than doubled now to 35,000 acres and it is growing. doing their best to keep people safe and protect property. some homes have not fared well. at least 150 homes have burned to the ground and that number has only expected to rise. airplanes and choppers dump water and fire retardant. the fire moves fast and often changes directions without notice, making it tough to
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fight. 75,000 homes under evacuations. 200,000 people have been forced out of their homes and some returning home to find the worst possible scenario. >> in a matter of 15 minutes, it's like our whole life just changed in a flash. we never expected all of this to happen. and then all of a sudden we all have nothing now. it's all gone. so it hurts. >> now the fire is also burning north and west of where we are. but firefighters feel much better about that than this fire, saying it's holding steady. but much further north of here, 80 miles north of sacramento, the fire remains an extremely dangerous fire. the latest estimates saying that more than nine people have died now and it's burned more than 90,000 acres.
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the sheriff's office saying they have reports of 35 missing people and that number could only grow. the fire has destroyed more than 6,000 structures and totally wiped out the town of paradise, california. >> it's just numb. i don't know what to think what's going to happen now. we have nothing now. >> going back maybe today or something, but we may never go back. i don't know. it's hard. >> now, the winds down here have died down for now, but firefighters are expecting them to make a terrible return over the weekend. >> shannon: all right, thank you very much. new questions tonight about the employment of acting attorney general matt whitaker after the forced resignation of jeff sessions. he's a highly respected former u.s. attorney from iowa. he was chosen by jeff sessions to be chief of staff. i did not know mr. whitaker
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except primarily as he traveled with sessions. no social contact. >> according to federal trade commission records in a 2014 media release, whittaker was on the advisory board of a florida company find $26 million. as a former u.s. attorney, i would only align myself with a first-class organization. it goes beyond making statements about doing business ethically but translates them into action. they found the company built millions from consumers and suppressed krit sim. >> he was very highly thought of and still is. this only comes up because anybody that works for me, they do a number oen them. >> but seemed to distance himself from whitaker, despite
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an early acknowledgement. >> in all fairness to him, who i didn't know. i can tell you, matt whitaker is a great guy. i know matt whitaker. >> primary purpose is to interview with mueller, with the big defeat that the president suffered in terms of our taking the house. >> and the presumptive chairman was more blunt. >> he got rid of him because he was to throw a monkey wrench into mueller's efforts. >> today a federal appeals court ordered mueller to explain how it would affect an ongoing lawsuit over the scope of the russia probe. a former associate of one-time trump advisor roger stone have ten days to respond. >> shannon: thank you very much. migrants in the caravan continue
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to push north through mexico despite the brand-new directive from the trump administration. former homeland security official and senator for immigration studies are here live after the break.
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yes, but also all... night through its entirety. come on, all... the time from sunset to sunrise. right. but you can trade... from, from... from darkness to light. ♪ you're not gonna say it are you? >> shannon: new tonight, the aclu is suing the trump administration. trace gallagher is on the case for us. >> as expected, the lawsuit flew before the ink every dried. today president trump signed executive action invoking emergency national security powers to limit the number of asylum claims. watch. >> i just signed the proclamation on asylum. very important. people can come in but they have to come in through the ports of entry.
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and that to me is a very important thing. >> so in essence, migrants would be banned from applying for asylum. that's a big change from current policy that allows for nationals to surrenders themselves and apply for asylum anywhere in the u.s.. they call it a lawful order to protect the american people and defend the sovereignty for our borders. they filed a federal lawsuit saying it's a moral failure. it's the opposite of what america should stand more. in the meantime, thousands of central american migrants decided to leave mexico city today and make their way to
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tijuana. it's a longer but safer route. that was estimated at 5,000. it's unclear how many chose to remain in mexico city. and the second caravan of some 4,000 central american migrants is still further south in mexico. if and when they all arrive at the u.s. ports of entry to wait for their asylum claims to be heard, the administration has not mentioned where they plan to house those people. >> shannon: let's bring in former homeland security spokesperson under the obama administration. great to see you both tonight. there's a lot happening. we may get a judge's order as we're debating because this new policy is supposed to kick in after midnight. what we have in a joint statement tonight from dhs and doj. they say this. our asylum system is overwhelmed
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preventing us from being able to expeditiously grant it to those who deserve it. >> asylum is only granted to about 25% of people in these cases. the number is very small. what this proclamation does is tell people, if you want to apply for an asylum, you need to go through a port of entry. and the main concern here is that dhs didn't lay out today whether they're sending additional personnel to help with this backlog or how they're going to deal with all of these people going to a port of entry. these are families and children that are escaping poverty and violence. this is not going to deter them. they are going to try to come and apply for asylum the right way. this is what they're doing. and i'm a little concerned about the bottleneck that this will create at our ports of entry.
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>> shannon: if they come across the border that way, the administration is now saying that's not going to be accepted. but here is the problem. the washington post today says, detention capacity in u.s. immigration jails is maxed out. it means caravan families who seek protection are still likely to be released into the u.s. pending hearing. even if they can't get the asylum hearing they're seeking, there's nowhere for them to go except to be processed and released back into the u.s. >> there is some substance to this. but the fact is it's not going to really make that much difference because once people get their initial credible fear interview, the first cut, they're likely to just be let go just like they are now. and in fact, that's the whole point. none of these people -- very few of these people are ever going
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to get asylum. half of the people who make that first cut and let go to apply for asylum never bother applying because the point is to get past the border patrol and into the united states. they know they're not getting asylum. it's magic words to be able to get into the country. >> shannon: well, we knew there would be lawsuits. it didn't take long. also from dhs and doj, a joint statement. they say this. they say the fact that the aclu and its partners would go to court to specifically sue for the right for aliens to enter into the country illegally is demonstrative of the disdain for our country's law that all rational americans find appalling. >> the fact is this is a legal thing for people to do. it's under u.s. law. and that's a law that congress has passed. so the president just unilaterally decide he's going to override our american laws is
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concerning. but i think that this might create more illegal migration because if people are not going to wait in line at the port of entries, they may try to evade capture and go this other route. this just creates mass confusion, if they don't want to go there -- >> shannon: they'll say he's relying on a law -- >> congress has given him sweeping authority to keep out of the united states any person or class of persons that he deems detrimental to the united states. so, yes, he can do this. >> shannon: we'll wait for that ruling. it's going to be within the ninth circusicircuit though. the search for a motive continues in california. what led that ex-marine to kill a dozen people in a nightclub? we've got chilling new details. ? she's saying a whole lotta people want to buy this house.
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including me, esurance spokesperson dennis quaid. he's a pretty good spokesperson. ehhh. so when i say, "drivers who switched from geico to esurance saved an average of $412," you probably won't believe me. hey, actor lady whose scene was cut. hi. but you can believe this esurance employee, nancy abraham. seriously, send her an email and ask her yourself. no emails... no emails. when insurance is affordable, it's surprisingly painless. >> shannon: chilling new details tonight about the possible motivation about the ex-marine who killed a dozen people at a bar in southern california. >> disturbing new video from inside the borderline bar and grill, showing an empty dance floor, the sound of gunshots and windows breaking. and we're learning more about the man behind the massacre. the ventura county sheriff's
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office said long was posting on facebook, writing, "i hope people call me insane. wouldn't that just be a big ball of irony? yeah, i'm insane, but the only thing you people do after these shootings is hopes and prayers and wonder why these keep happening. >> i would describe him as nonsensical. reading them over, i didn't understand what he was trying to say, almost like a rant. >> the thousand oaks community coming together at a vigil last night to mourn the loss of life. the victims ranging in age from 18 to 54, college students and recent graduates, law enforcement and military veterans.
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he was a survivor of the mass shooting in las vegas last year. his mother making an emotional appeal. >> i don't want prayers. i don't want thoughts. i want gun control and i hope to god nobody else sends me any more prayers. >> police say they have interviewed more than 100 witnesses and they have learned a lot talking to family members and friends. they're convinced he acted alone and they say they won't give up until they find a motive. >> shannon: thank you very much. a man wants to legally change his age because he identifies as 20 years younger. does he have a case? our legal eagles are standing by. they're ready. and you're the jury. stick around. ♪ it is such a good time to kiss ♪
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>> shannon: all right. time now tonight for you've heard the phrase "age is just a number." this man is asking to change the age on his birth certificate. he argues that since we live in an age that individuals can change their name and gender, why not their age? he's 69 and wants the court to lower his age by 20 years.
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welcome to you both. >> thanks for having me. >> thanks, shannon. >> shannon: alex, he says this, exhibit a, you can change your name. you can change your gender. why not your age? nowhere are your so discriminated against than your age. >> it's a good argument. i think the state would have to show some sort of government interest in making sure a biological age matches a legal age. i can think of a few reasons. first would be here with social security and medicare benefits. and i think it's an interesting point to say, well, if you can lower your age, why wouldn't you be able to increase it. i could see 18-year-olds wanting to go to court to make sure they're 21 to make sure they can go to bars and also 25 to make sure they're paying less on their car insurance.
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so i think it would have to -- it would be a slippery slope to say the least. >> shannon: where do you draw the line in a case like this? because a lot of people have talked about -- they point back to the case of rachel saying she identified as african-american and wanted to be recognized that way. some categories it seems like it's okay to have a legal change and recognition and others you just can't do it. i don't know where you draw the line. >> what we saw is this individual saying they would be willing to give up their government pension in order to change their age to be 20 years younger. i think if you set the parameters where you can't declare yourself 15 so you can date high school girls. age is nothing but a number. if you feel that way, look that way, act that way, see yourself being that way, what business does the government have in being involved in how you declare yourself.
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if you're a small government conservative, you want government out of your business. so just let me be whatever age i want to be. >> shannon: he said it's tough to get a mortgage because he's almost 70 years old now and he gets in trouble with that. but he said a big problem is tinder. he doesn't want to lie about his age but he doesn't like the people he's been matched with when he says his real age. in talking to the judge, the judge who heard the case conceded that the ability to change gender was a big development in the law. alex, is this age change stuff going to be possible now? >> i think with the gender change, there's different -- in the uk they require someone to live a certain way, present themselves as a man or woman for a certain amount of years. here in the states it depends on where you live, but there's different requirements and usually involve a doctor's note saying whether you're taking
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hormone therapy, gone through a gender change. i think there would have to be some sort of medical note to go along with that same case law to argue someone identifies with a certain age mentally and possibly physically. but in terms of the whole tinder argument, i'm surprised he just down the say he's 49 on tinder. it's not like they're going to ask for herself birth certificate. >> shannon: he did say he's been checked out by a physician. he has the body of a 40 to 45-year-old. he said he's done this to make sure she's ready to deal with this major step. do you think the judge will let him do it? >> i think the judge will allow him to because there's really no legal reason not to. if it doesn't involve any security risk, if it doesn't involve any governmental benefits or fraud, then why not? why is it the rest of our business what age some guy in the netherlands declares himself
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to be? >> shannon: i don't know. we're going to have to wait and see. we are out of time, by we thank you both. we'll see how it turns out. jury at home, tweet us to let us know what you think. in the meantime, have a fantastic week. good night from washington. i'm shannon bream. clear ♪ ♪
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♪ ♪ ♪ >> good evening and welcome to tucker carlson tonight. the most controversial battles of the 2018 midterms are being fought right now in florida. a constant stream of votes has been chipping away at scott's lead. there's plenty of reason to

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