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tv   Fox News Night With Shannon Bream  FOX News  December 28, 2018 8:00pm-9:00pm PST

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laura ingraham. shannon bream and the "fox news @ night" team take it from here. in honor and a privilege to guest host tonight. stay tuned for shannon bream shannon bream's show. you're going to love it. thank you again. ♪ >> shannon: this is a fox news alert. this could have been preventable. those words from a grieving california sheriff after an officer was gunned down in cold blood. the sheriff says, by an illegal alien, running from a drunk driver. the sheriff putting part of the blame on california's enjoy policy. democratic leaders nancy pelosi reportedly enjoying the big island of hawaii amid the partial government shutdown in the battle over border security. she's not alone in escaping the beltway but good, good lawmakers actually get something done since the president is here and he says he's waiting on them? will debate. there is a fight over religious liberty and lgbtq rights over controversial nominees to the equal employment opportunities commission. she claims she's being unfairly targeted and misquoted. a republican senator says she's
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against religious liberties. the family research council will weigh in. hello and welcome to "fox news @ night." i'm shannon bream in washington. we begin with a tragedy sparking a national debate. in simmering battles over sanctuary cities and border sec. chief correspondent jonathan hunt joins us now from los angeles. hey, jonathan. >> good evening, shannon. the alleged killer of ronil singh was apparently trying to make a run for mexico. but officers, aided by aerial surveillance, swept into arrest him in bakersfield, that's in central california, some 200 miles south of where the shooting happened. the arrest came just 48 hours after 33-year-old officer ronil singh was gunned down. he leaves behind his wife and 5-month-old son. today, officer singh's brother broke down as he thanked police and sheriff deputies for finding the suspect. >> there's a lot of people out there that misses him, and a log
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of law enforcement people that i don't know that work days and nights to make this happen. i would like to thank you from the bottom of my heart. >> the suspect, gustavo perez arriaga, was in the u.s. illegally, according to the local sheriff, who angrily denounced california's so-called sanctuary laws, which the sheriff said prevented arriaga from being deported for previous dui convictions. >> this is a criminal illegal alien with prior criminal activity that should have been reported to i.c.e. we were prohibited, law enforcement was prohibited because of sanctuary laws and that led to the encounter with officer singh. i am suggesting that the outcome could have been different if law enforcement wasn't restricted, prohibited, or had
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their hands tied because of political interference. >> officer singh was shot dead around 1:00 a.m. after stopping eight driver on suspicion of dui. moments later, he radioed to shaun's head. he was a legal immigrant. he studied criminal justice once he got here, and spent 12 years in law enforcement, some one of those with the newman police department. he even took and paid for extra english lessons to help make himself better understood by his colleagues. the newman police department, by the way, shannon, has just 12 officers. a close-knit family, and the words of the police chief, and a family that will never forget ronil singh. shannon? >> shannon: jonathan, they got their suspect. we'll watch this case closely. thank you very much. homeland security secretary kirstjen nielsen's in el paso, texas, where an 8-year-old guatemalan boy was detained with
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his father before dying in government custody after two hospital visits. nielsen touring multiple stations and substations operated by customs and border protection in meeting with first responders. nielsen is scheduled to move on to yuma, arizona, tomorrow. judging from his tweets, president trump is keeping a close eye on the border as he stays here in d.c. again this weekend. though nearly all lawmakers are out of town, amidst this partial government shutdown. rich edson joins us now for the latest from the white house and the big island of hawaii. >> too bad i'm not going live from there. >> shannon: i know. >> will make do. >> shannon: thanks for being here. speak a pleasure to be here. there is no indication as partial government shutdown ends this year. congress is mostly out of town. president trump is still here, tweeting, "we will be forced to close the southern border entirely if the obstructionist democrats do not give us the money to finish the wall and also change the ridiculous immigration laws that our country is saddled with." hard to believe there was a congress and president who would
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approve." the president is threatening again to cut aid to honduras, guatemala, el salvador, for failing to prevent their citizens for traveling illegally to the u.s. border. the white house and democrats are a few billion dollars apart on funding for border security. president trump insists on money for a wall, house democrats say the presidents wall proposal is immoral, ineffective, and expensive. republicans are now trying to pin shutdown blame on house democratic leaders nancy pelosi come i think she's refusing to negotiate on more funding to appeal to liberal house democrats and to assure their support in her race for speaker. >> she does not have the votes, and if she cuts a deal with the president, of any sort before her election on january 3rd, she is at risk of losing her speakership. we are in this for the long haul. >> republicans are pointing to a story published in the "washington free beacon," claiming pelosi is spending the shutdown vacationing at a luxury resort in hawaii. pelosi's office has refused to confirm or deny this story.
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capitol hill themes as leaders from both parties have not beenn capitol hill. republicans say democrats have shutdown negotiations, democrats say they shut down should have never happened. new york congressman and democratic caucus chairman, tweets, "day seven of the trump shutdown, republicans continue to hold the american people hostage. we refused to pay $5 billion ransom note, in other words, take a hike." congressional leaders say they will give members at least 24 hours notice to return to washington to vote on any agreement to fund the government. shannon? >> shannon: unlikely before next thursday. we'll all be ready if it happens. thanks. let's bring in tonight's power panel. fox news contributor, border patrol council vice president art del cueto, and fox news political gianno caldwell. welcome to all of you. >> good evening. >> shannon: i want to play more of what the sheriff said today about the fact that california has a sanctuary state policies and it makes his drop topper. here's what he said.
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>> suggesting that the outcome could have been different if law enforcement wasn't restricted, prohibited, or had their hands tied because of political interference. why are we providing sanctuary for criminals? gang members. as a conversation we need to have. >> shannon: your reaction? >> well, first, and definitely foremost, you think about the family and prayers go out to the families, to the community. and it really is important i think in these times that you don't use a crime like this to demonize all undocumented immigrants. we want this murderer to have justice that is swiss and harsh. but that certainly does not mean that there is criminality and the rest of undocumented immigrants, as some -- >> shannon: i don't think anyone is making a suggestion.
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>> many republicans want that to be the case, when the reality is, undocumented immigrants in this country commit considerably less crime. considerably less crime than native born -- >> shannon: what we are talking about is is one situation where apparently, according to the law enforcement officials involved, said this man should not of been in the country, had previous dui arrests, he came here illegally, so in the case of this family and this slain officer, gianno, we are talking about somebody that potentially, the state's policies allowed theories, or cases like this, to happen. >> i'm incredibly disappointed with my dear colleague jehmu's rhetoric on this issue. this is a safety issue plain and simple. it's not a partisan issue. if you look at the pier numbers, 70% of individuals that were brought in by i.c.e. in 2017 had previous felony convictions. we talk about the sanctuary city status of places like chicago
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and the state of california, which don't provide any funding for those that may be -- that i.c.e. may want to retain. they may want to detain those individuals. they can use any personnel for this. this is making our country less safe and certainly, this is something that i think two days ago, on this very network, that democrats are going to have to own and you criminality that perpetrated by individuals of humor to this country illegally because they refused to negotiae the president of the united states on border security. so when you have a congress, democratic caucus who refused to negotiate, when you have local elected officials who refused to follow the trend of -- if individuals are coming here illegally, they are doing illegal activities that could harm u.s. citizens, like we just saw, then they don't buy into that. this is very problematic. jehmu, i am just so surprised and disappointed with what you said. i'm sorry. >> shannon, there is a link
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right there that's gianno is trying to make between criminality and undocumented immigrants, that is just not -- >> i never said that. >> shannon: let me bring art in here. because we are talking about this case and what clearly happened here. art, a lot of folks would say, both parties bear the blame. both of them have been in control, at some point, the white house, the senate, and the house, and have not gotten this fixed. you know firsthand what is going on at the border. dhs secretary nielsen is there today to see for herself. she's been there many times before. but congress is up to -- it's up to them to fix them, regardless of what party is in control, they don't seem to be able to get it done. >> being an illegal in this country and the security of our nation's border have nothing to do with what political party you are in. first and foremost. now this is a horrific, horrific incident that happened with this officer dying, and it is 100% because of sanctuary cities. it is 100% because what you do
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when you have these sanctuary cities is to create a magnet for these individuals that like to break the law, which, just by the fact that you are illegally in this country, you are already a criminal, plain and simple. people say, oh, he's just illegally in the country, he is not a criminal. no, that makes him a criminal. and it is definitely at the hands of any single individual, politician, or whoever it may be, that support sanctuary cities. >> shannon: all right. jehmu, where do we go from here? the democrats take over the house in january, a week from now, they have said the first thing they will do is read from the government, they won't have any funding for the wall, that will go to the senate. if it makes it through their coming to the president, he said he won't find anything that does not have funding for the wall. where does this stand off and? >> i think one place we could go from here is to revisit some of the policies that we saw on the obama administration that were very much focused on criminals that were here undocumented, and
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how to put into smarter policies to target them, to track them, to find them, and to get them out of the country. when we look at how this administration is dealing with immigration and throwing out mothers who have been here for 20 years with no criminal record, and anyone who they come in contact with, that takes away the focus. >> they are here illegally. they have a criminal record already. >> it would be better to focus on those criminals and get them off. >> shannon: art, you had something to say. this is part of what you do, being a part of border patrol. you have seen this firsthand. what is the reality? we know under the obama administration, he became known as otto porter in chief because they were turning around so many people. it was not a positive to a lot of people who supported president obama but we know that these policies of turning people back, denying asylum claims, they aren't new. why are they reported and treated differently now? >> because these people care more about being angry at the president then i do about the united states and the american
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citizens. that is what it is. that is a way i see it. look at them i have skin in the game. i am out there in the field. i'm out there arresting some of these individuals, and is easy to monday morning quarterback yet, behind a desk, and far east, it is easy to monday morning quarterback at. president trump has done everything possible to make sure that this country moves forward and there is border security. and that is the reality of the entire situation. he's a president that has reached out to the national border patrol council. he is on point with everything he says. and everyone needs to get on the same page because it's getting frustrating to see so many people that really don't care about the american public or about our borders, about border security, and even with those shut down, i have skin in the game, as i said before. we don't know when or if our next paycheck is going to come, and i have been misquoted and some of the media, or some of my words have been twisted. i can tell you right now, the
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national border patrol council, which i am a part of, fully supports the president had fully supports the shutdown, if that is with the president is asking for. >> really quickly i want to jump in there. i know it -- to your same question to him, the reason why we see nothing being done, i think democrats have seen, especially from our latinos latino brothers and sisters that are coming in, a power base for. 2006, when senator barack obama said on the floor of the senate that we needed to secure -- the secure fence act, 26 democrats voted in favor of it. hillary clinton, chuck schumer himself, they talked about border security in a positive way back then. now that we see the influx and now latinos are going to be the new minority, the new major minority, i think they are seeing this as a potential power block for them so they might as well support anything that will keep these voters happy. >> shannon: gianno, the republicans have control of the white house, house, and senate for the last two years and they are braced wants to know why they didn't get something done.
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>> and that is a very good question. i think we did not have enough votes in the senate to actually get something passed. similar to that, you have to work with democrats on it. think about what president trump offered the deal in terms of daca. democrats should not take it, they do not want to take it off the table because they wanted to keep the issue alive for the midterm elections. >> the president keeps reneging on his deals. first it was $1.3 billion for a wall, then it's $2.5 billion for a ball. with daca, he reneged on so many deals. if this president is about making deals, you have to be a man of your word. he sent vice president pence out to front for him and then reneged on that deal. how can you get to a place of compromise and understanding if the president can't even keep his word on this issue? >> shannon: listen, he's after a lot more than that. he and several others in the white house say they are offering compromise deals, they've heard nothing back and don't expect they will from the democrats until nancy pelosi's speaker. so one week from today, maybe we'll have this conversation
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again and see if the government is reopened or what is happening. in the meantime, jehmu, art, gianno, thank you, all. appreciate your time. >> thank you. >> shannon: the florida sun sentinel publishing a bombshell report tonight on the parkland school shooting massacre in february this year. his headline, "unprepared and overwhelmed." the paper goes on to report the two decades after columbine at five years after sandy hook, educators and police still weren't ready for parkland. surveillance video and the reports shows the killer nikolas cruz in the beginning ohms of the massacre telling another student, "you better get out of here, things are going to get my sea." he pulls out the ar-15 and begins shooting. the video also shows deputy scott peterson, the school resource officer, the only armed law man on the campus, he reportedly, the paper says, failed to go inside the building despite shots being fired. he ordered a school lockdown instead of ordering deputies toward the building. later revealed in this report that officers "may rush toward gunfire rather than child"
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according to policy in broward county. push back on one of president trump's nominee for key federal agency by a member of his own party. we will tell you why senator mike lee is trying to block the nominee because of what he says is a religious freedom issue. and tony perkins, president of the family research council, he will weigh in on why this nominee is so controversial. ♪ re made of trillions of cells. they work together doing important stuff. the hitch? like you, your cells get hungry. feed them... with centrum® micronutrients. restoring your awesome... daily. feed your cells with centrum® micronutrients today. starts with looking buiat something old,nk and saying, "really?" so capital one is building something completely new.
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>> shannon: republican senator mike lee is taking a stand against one of president trump's nominees to a key federal agency. the controversy is pretty much flowed under the radar in the middle of the government shutdown but for the right and the left, there are some big issues at stake here from traditional marriage to workplace discrimination. correspondent is here to tell us why senator lee is blocking is on president's nominee.
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>> quite a story. as you know, the eeoc's air protect people's civil rights in the workplace and chai feldblum is not new to the agency. she's been in the fresheners in 2010, receiving support from republicans or democrats. president trump renominated her just a year ago. tonight she's defending her name as senator lee says, he will do whatever he can do to make sure that she is out of a job. >> i adapted to her confirmation. >> utah senator mike lee is making it clear he wants eeoc commissioner chai feldblum out of concerns over her stance on religious liberty. he is prepared for a fight. >> the federal government should never, mr. president, be used as a tool to stamp out religious liberty. that principle is so central to our nation's founding and human happiness, to itself. it is so important that we got to stand behind it. mrs. feldblum, however, wants to deny exactly that. >> feldblum is the first and openly gay eeoc can do my commissioner who was quoted in
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2006 article a satiated difficut time finding any case in which religious liberty should win over liberty. she claims she was misquoted, and put out this written statement over lee's position. "senator lee and others may feel they have kept a rabbit opponent to religious liberty off the equal employment opportunity commission. they are wrong. it is true that they have ensured that someone who cares deeply about both religious liberty and lgbt rights want to be protecting those interests from the purge of the eeoc. but i have fought from the civil rights for lgbt people, religious people, and others for years. i won't be stopping now." feldblum went on to tell fox news in an email, "senator lee refused to meet with me when i asked to do so. perhaps that is why he does not know what i actually believe." in 2009, feldblum defended religious liberty. >> i also have a deep respect for and understanding of religious practice, and a
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deep-seated tolerance for religious difference. >> washington democratic senator patty murray says feldblum must be confirmed for the sake of millions of employees across the country. >> because of the objection of a single republican senator, it is possible now that the eeoc will be unable to detect some of its most critical work. >> lee says he will continue to fight to protect religious liberty, a concept he believes the eeoc should welcome. >> who is she to decide whether or not someone should be permitted to persist in their own religious beliefs? simply because those beliefs happen to conflict with a particular political worldview? >> speaking of religious beliefs, and an email tonight, feldblum told me that her late father was a proud rabbi. she said he would be very upset to see exactly the way she is being portrayed in the media. especially by senator lee with this whole situation going on. >> shannon: well, we'll keep an eye on it. i guess her commission
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essentially expires new year's eve. if the senate doesn't do something. they are not here. >> >> there's a lot of questions about how the eeoc will operate for those millions of people around the country if she is not in. >> shannon: david, thank you. joining us now, tony perkins, president of the family research council to talk about this. tony, welcome. >> thanks, shannon. >> shannon: i want to play more senator lee's critique. then some response from the feldblum. here is a senator. >> may feldblum has written that she sees a conflict between religious belief and lgbt liberty, as "a zero-sum game," where "a gain for one side necessarily entails a corresponding loss for the other side." i see no reason why that should be the case, and i think that is fundamentally incompatible with our nation's long tradition of pluralism and religious freedom. >> shannon: tony, here's a response. "it's an out of context quote that suggests i believe there is a zero-sum game between religious liberty and lgbt rights. lgbt rights must always prevail
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no matter what, that is not my position, and never has been. i care deeply about preserving religious pluralism and our country, even if that means protecting religious organizations whose views i disagree with. that is the point of pluralism." what is getting lost in translation here? >> i think we've devoted to put it in context. i now try to file boom, she actually spoke at the family research council. i invited her to speak on the panel and she made comments reflecting this coming collision between religious freedom and sexual liberty. and she then suggested that she saw that religious liberty would lose. but she is also the architect of the employment nondiscrimination act, which congress has repeatedly refused to pass. this is literally sacrificing our vibrant first amendment on the altar of sexual libertinism. she was unable to get that through congress. so barack obama appointed her to the eeoc. could not actually get her through the senate when
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harry reid was the majority leader so he did a recess appointment. she was subsequently, after harry reid change the rules, where only a majority were needed for presidential nominees, so she's been controversial even to her own party. she's taken positions that are 180 degrees from the trump administration when it comes to religious freedom. so i applaud senator mike lee, spoken with him a number of times about this particular case, i applaud him for taking a stand in defense of religious liberty. she reflects an era of the past, the barack obama era of hostility toward religious freedom. we don't need her on the eeoc leading that commission forward. >> shannon: tony, you know how this works. the president has the opportunity to appoint members, the majority of members, 3-2, five members of the eeoc that represent his majority party but he goes to the democrats for their nominations and their suggestions on the other two members. she is a current sitting member of the commission. so he's basically following up with what the democrats want,
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which is to keep her there. now there is this issue, as we talk about with david, that her commission expires december 31st. it doesn't appear there is any way they will take action. mitch mcconnell, the senate majority leader, could force a vote. here's what a statement from glads vice president. "americans need a fully functioning eeoc. in mike lee's anti-lgbtq views should not stand in the ways of those seeking equality under the law. he should abide by senate president et al. they fall vote on the eeoc nominees were fair-minded voices will prevail." do you think he will do that? >> no, i don't. i don't think you should. first off, we have to look at what the advantage she has as a returning member of the commission. i served on the federal commission i know those existing members kind of influence the new members. you have to consider the eeoc is actually lined up in federal court against the trump administration's own department of justice on the redefinition of terms such as a
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discrimination, what sex means. this is furthering the lawlessness of the obama administration where they unilaterally change the terms of the 1964 antidiscrimination law and civil rights law and the 1974 title vii as it pertains to employment. they have unilaterally redefined those terms. she's doing out by bureaucratic fiat. so i think mitch mcconnell would be wrong to move forward with this. i think mike lee is taking the right position. i don't think the president is pushing this. i think you are right. it was giving the democrats somebody and the lights white house a gives them what they want. i think she needs to be off the commission. >> shannon: having practiced labor and employment law in the past, i know how much power the eeoc wields. you know, you have to ask questions about congress, about how much power is delegated to the federal agencies because they don't answer to the people that are unelected and they do have quite a bit of power. we'll keep an eye on it and
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we'll track it and have senator lee here in the new year to talk to us. tony, thank you, happy new year. >> happy new year, shannon. >> shannon: up next to him a big tech is in the cross hairs. congress inspected her face off against social media. new regulations and oversight on content and privacy when lawmakers get back in the new year. >> we have to put some rules of the road in place. they can't just say, hey, trust us, we got your back. >> shannon: plus, i look back at the winners and losers on capitol hill. congress' 2018 year in review. chad pergram's by the numbers when we return. ♪ ty. because energy touches so many industries, it supports 10 million u.s. jobs.
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♪ >> shannon: no sign that congress will vote anytime soon on ending a partial government shutdown. reopening the government will likely fall to the new congress, 116, which starts next thursday at noon. what exactly did the 115th congress actually managed to get done? back by popular demand, fox news
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senior capitol hill producer chad pergram is here to break it down by the numbers. chad? >> shannon, 2018 marks the end of one of those rare times republicans control the house and senate. it's a good time to take stock of what the g.o.p. did and didn't do. take the long the longtime g.o.p. promised to repeal and replace obamacare. after one failed attempt, house republicans finely muscled through their own health care measure that then died in the united states senate. republicans re-engineered to the nation's tax system for the firt time in three decades. gdp topped 4% in the second quarter of 2018 for the first time in four years. nearly economic average growth is now on track to hit 3% for t. nevertheless, political observers blame the tax law for republicans losing house seats in new york, new jersey, and california. residents could no longer deduct high local taxes from their federal tax bill. congress never addressed an infrastructure bill. there were a failed house bills to fund the border wall and
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provide pathway to citizenship for some daca recipients. the president had this message for those republicans during a press conference in late june. >> i think it's going to be a great election point for us. i told them two hours ago, i said, do what you want. ultimately, we all come to something, and perhaps it will be after really action, maybe it will be before. as of this moment, democrats are not going to vote for anything because they really are resisting or obstructing. okay? thank you very much. >> there were bipartisan successes. democrats in the house and senate finally got together on a long-awaited reform of the nation's criminal justice system. the law eliminates mandatory sentences, give inmates better training to reenter society ready to work. lawmakers approved a major bill addressing the nation's opioid crisis. even though part of the government is now closed, the senate moved at its fastest clip in decades on annual spending bills. that is why this is a partial government shutdown. congress worked out the details on five of the 12 appropriations bills months ago.
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senate majority leader mitch mcconnell often declared that the senate is in the personal business. the senate confirmed two supreme court nominees, including the knockdown, drag out fight over brett kavanaugh, also 32 circuit court judges, and 51 district court judges. we all learned in fifth grade that congress is designed to pass laws. quite the opposite. the founders created congress to stop law. consider this: lawmakers introduced 13,549 bills this congress. 338 became law. that is .02%. 329 bills became law in the last congress. and one bill, not destined to become a law this congress legislation, to fund the approximate quarter of the government now held in limbo during the spending fight on a border wall. shannon? >> shannon: chad pergram, thank you very much. we'll see you what 2019 brings. when it comes to cybersecurity, a year in review might highlight the billions of people affected by data breaches are questions
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over buyers and social media content. as correspondent gillian turner says, some are helping 2019 might bring more oversight and online security. >> members of congress are using the partial government shutdown is an opportunity to sharpen their knives to gear up for two pig cyber battles in the new year. first up, regulating big tech. both sides of the aisle have their sights set on the big three social media companies. facebook, twitter, and google and youtube. >> we are playing second fiddle to the europeans. they protect their privacy of their folks more than we do. >> we have to put some rules of the road in place. they can't just say, hey, trust us, we got your back. >> but not everyone wants the same thing. democrats want social media companies to get rid of fake news faster than they did in 2016 to avoid for an election interference. republicans want to hold the big three accountable for anti-conservative bias. one thing they can agree on, both parties want new legislation on the book before the 2020 campaign season kicks
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off. another issue most americans probably haven't heard too much about: data encryption. republicans want legislation that forces tech companies like apple to decrypt data when national security is at stake. they are taking cues from rod rosenstein, who's been keeping this issue in the spotlight, recently rebuking tech companies that refuse to decrypt their data for investigators. companies are in the business of generating profit. i don't blame them for failing to consider law enforcement and public safety concerns but it's important to understand that what's good for a technology company isn't necessarily good, good for america. democrats are focused on protecting americans privacy. they worry it's investigators can access any encrypted data they want. it will lead to abuses in the future. 2018 was a tough year for social media platforms and their users. breaches of facebook, twitter, and google alone resulted in 619 million user accounts compromised. that's a conservative estimate. here's hoping 2019 is more
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secure. shannon? >> shannon: sounds good, gillian turner, thank you very much. new laws for the new year. that is where we are headed in tonight's news roundup. ♪ starting january 1st, washington state will begin imposing fines on people who try to pass off ordinary pets as service animals. maximum penalty, $250. meanwhile in california, judges will be able to decide who gets custody of a pet during a divorce proceeding. judges will take into account who takes care of the pet and feeds them. gun-control measures will go on the books in illinois this year, they include a 72 hour waiting period mock on gun purchases. the law will allow family members or police to temporally remove guns from someone they think is a threat to themselves or others. it in tennessee, women will be required to get an ultrasound before getting an abortion. the doctor performing the ultrasound must also let the
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woman know the results of the test, namely whether or not a heart beat is detected. doctors were also be required to put that information into the patient's medical record. president trump's decision to pull out of syria still being questioned by members of both parties. the president now has an unlikely ally, a former high-ranking obama official. that story is next. ♪ got it? got it. it's slippery. nooooo... noooo...
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it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable, with reduced redness, thickness, and scaliness of plaques. for psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, and pain. and the otezla prescribing information has no requirement for routine lab monitoring. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. ♪ >> shannon: troubling sign today for president trump's
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withdrawal from syria. it may have left an opening for a serious president to regain some territory. as lucas tomlinson reports, the president's new plan has support from a former senior obama official. >> syrian forces move to the outskirts of a kurdish child city captured from isis, putting hundreds of american troops into potential danger. syrian president bashar assad's forces closed in ten days after president trump ordered the full withdrawal of u.s. forces from the country. but the kurds say they welcome the syrian troops as protection against the potential turkish invasion after their u.s. allies leave. turkey's president says he wants the kurdish fighters out of the city immediately. >> translator: retirement aim is to make terror organizations lead the area. if they leave, then there is no work left for us anyway. >> the communications and relationships of both the united states with president trump, whom i spoke to recently, and russia, continues healthily. >> president trump made the
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decision to pull out of syria following a call with a turkish counterpart earlier this month. the former u.s. ambassador to syria under the obama administration supports president trump's decision to pull out, quoting northeastern syria would not have been enabled washington to leverage any important considerations from damascus, tehran, or moscow. only syrians, not u.s. troops, and stabilization teams, can reverse that. we would do well to be humble about our abilities, especially in the basis of chain, widespread regional hostility." seven years after the start of syria civil war, president assad no longer feels isolated. the gulf states are coming back to damascus. lorraine announced friday it will reopen its embassy in syria. one day after the united arab emirates did the same. u.s. officials tell me there was no immediate plans to withdraw any american troops from syria. the complete withdrawal from a country could take months. shannon? >> shannon: lucas tomlinson at the pentagon, thank you. impassioned pleas for 32
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migrants to who remained stranded in the mediterranean. that leads tonight where in the world. ♪ the german nonprofit see watch making an impassioned appeal to e.u. states after no european nation agree to take in 32 migrants who have been stranded at sea for the past week. the group rescued the migrants mainly from nigeria, liberty liberia, and ivory coast, just three hours after another group rescued more than 300 migrants who were eventually taken in by spain. egyptian officials say a roadside bomb hit a tourist bus near the use of pyramids, killing at least three people and wounding ten others. the countries battled islamic militants for years. this is the first attack to target foreign tourists in nearly two years. cuban officials are preparing to roll out fresh austerity measures as the cash-strapped nation continues to experience the weak economic growth, following export revenue, and rising debt. cuba's economy has averaged a 1%
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annual growth over the past three years. foreign trade has also fallen by about 25% during that same period. does buying a ticket to a sporting event give you the right to cause of the players? one fantasizes security roughed him up when he used foul language and he is now taking them to court. our legal eagles, marjorie and david come are standing by to present their cases. you are the jury. "night court" is next. ♪ before discovering nexium 24hr to treat her frequent heartburn, claire could only imagine enjoying chocolate cake. now she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?
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♪ >> shannon: it is time now for "night court." another rocket docket, we'll try to get through to grow cases first, a guatemalan family suing universal theme park in orlando. they say the park needs more bilingual signs because the font
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families 38-year-old father died through a heart attack after writing to the skull island attack. there was an english sign warning that people with heart condition should not risk it. they said there was not a sign in spanish. the other case, new york giants fans suing in a san jose, california, court for the right to curse at players and flip them off. these fans say their first amendment rights were violated by police officers after they flipped off giants players and told them they blinking sucks. these are giants fans, they were angry that the team was losing. tonight's legal eagles her way and, you are the jury, marjorie and david bruno. thank you both for joining us tonight. >> thank you for having us. >> shannon: we just showed a video. let start with the giants case. they were at the game, they were yelling at their own players because they were so mad that they were losing this game. the police say that they were warned, they need to calm down, quit cursing at the players, without language, flipping them off. it didn't work. they eventually ended up getting arrested.
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let's get into a little bit of this. "the captain of the santa clara police department saying that patrick flynn one of the plaintiffs of the case was belligerent, intoxicated, and clearly violating the stadium's code of conduct. he then said that patrick and kyle, his brother, had been worried about the behavior. they were being ejected from the stadium when they became uncooperative and physically resisted, they refused to leave their seats." marjorie, that's the one side of the story. how do you respond? speak a word we are talking about issues of drunkenness and disorderly conduct and the like, that, in and of itself, there is no first amendment violation they are. but if we are talking about the speech, whether or not they had a right to flip off to the players, et cetera, essentially, the first amendment says that all speech, all those that don't fall into a particular section, is essentially protected. they interfered with that speech with the arrest, and essentially you have to look at whether or not the limitation of that
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speech was justified by the fact that they want a safe environment. i don't think they will be able to show that it fell into one of the five exceptions of speech that is excluded from freedom of speech. it's not inciting a riot, it's not criminal, it's not criminal speech, it's not obscenity in terms of the way that the law looks at obscenity. it's not pornography or any one of those things. i think that they have a decent case here to say that there is a first amendment violation. >> shannon: part of their complaint says, "the force used against the plaintiffs was excessive, unreasonable, without cause, and with a deliberate indifference to their health and safety." at one point, one of the guys flips over the railings. plaintiffs suffered bodily injury, physical pain, emotional success, and deprivation of their constitutional rights. david, they talk about one of the guys being taken to this holding area, put into a body wrap for 30 to 40 minutes,
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completely immobilizing him. this really ratcheted up quickly it sounds like. >> i think they have better claims about the injuries and the way they are treated by the police than the first amendment. getting back to the first amendment briefly, this is a private place, a private stadium, and the officer in that stadium used the word's code of conduct read code of conduct prevents these people from actig unruly. so security can detain, they can take them out, they can ask you to leave. they are allowed to do that. on the injuries, while police have to act reasonable, and i'm sure the defense of the police officers is going to become a welcome but they were resisting. that is what they were initially charged with. when someone is resisting, it's not a good scene, does not look good, i've seen it on video. i did not see this one particularly but that is going to be the perspective and the defense from the police. to be when i get a little crazy at college football games myself, never arrested, just for the record. this other case at the theme park, i want to work through this. the family attorney suing universal says, it's not a crazy
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request that you would have signs in different languages. it's quite basic. you are asking for international travelers, a mecca for tourism, central florida, a very basic thing that should be thought up for the safety of patrons. david? >> i disagree that they legally have to do it. is it a good idea? yeah, i think it's a good idea. but to file a lawsuit and claim that this orlando theme park was negligent in not posting a spanish sign, i disagree. the fact of the matter is, 72 million visitors came to the orlando theme parks outside of the united states and they are from all different languages. it's not just a spanish. in addition, they had an english warning and there was also pictures that went with that. it's not just spanish. pictures probably were enough to give this guy notice. you know what? he was going on the right anyway right anyway. >> shannon: marjorie, i want to give the final word on this case. >> for me, it is simply an issue of whether or not they had a
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duty of care. what is a point of having a sign if everyone who is attending this themepark can't read it or interact with it? the fact of the matter is, there are 41 million spanish speakers in the united states, there is over 1 million who come in from outside countries, mostly predominantly spanish-speaking countries. it is not a one-off that a place like universal studios or a themepark like this one would have a spanish sign in spanish for these kinds of warnings, especially if it's a health risk. safety is a safety issue for everyone, not just for the english speakers and for -- in addressing this issue, they really should have it in both languages. >> shannon: all right. marjorie and david, thank you for making arguments. we appreciate your time tonight. we put it to the jury. let us know what you think at twitter. you'll weigh in. thank you, guys. and tonight we had done a very
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somber note. we would like to pay tribute and say farewell to bre payton. she was a guest in our program, a very close friend with our lead writer who is obviously, like so many people, devastated by the news that this beautiful 26-year-old woman, brilliant and smart, suddenly passed away today in san diego. bre was a writer for "the federalist." her family, friends, and colleagues are shocked at her death. we are told possibly h1 and one flu or meningitis was involved. a little bit early at this point. our prayers are with her and her friends and family. they set up a scholarship fund that are supporting young, rising christian leaders. we remember bre tonight. that's why we designed capital one cafes. you can get savings and checking accounts with no fees or minimums. and one of america's best savings rates. to top it off, you can open one from anywhere in 5 minutes.
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to vote for your favorite geico ad and enter to win, visit geico.com/bestof. that's geico.com/bestof. ♪ >> good evening and welcome to tucker "tucker carlson tonight." tucker will be breaking his observances to make an appearance later, so stay tuned for that. but first, a new warning from president trump as the government shutdown enters its second week. trump refuses to give an inch in his fight for the border wall and, today he warned on twitter "we will be forced to close the southern border entirely. if the obstructionist government, democrats

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