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tv   Americas Newsroom With Bill Hemmer and Sandra Smith  FOX News  February 19, 2019 6:00am-9:00am PST

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>> i wonder if somebody was going to run from the television, where they would run to? >> maybe on the treadmill, maybe to the gym? >> i have to run to the radio. >> radio with brian. bye, everyone. >> bill: good morning. three big stories breaking this hour. another big name enters the race for the white house. we're seeing another big development in the strange case of jussie smollett and it is now official, 16 states are suing the trump administration. that was fancy for tuesday. i'm bill hemmer, good morning, great to have you with us today. >> sandra: thank you very much, nice to be back. good morning, i'm sandra smith. to those lawsuits first. california's attorney general leading the pack of challengers to president trump's national emergency declaration arguing president trump does not have the authority to move funds to build the wall. >> bill: that legal battle is just get pg started as the president predicted how it would play out when he said
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this. >> president trump: we will have a national emergency, then be sued. they will sue us in the ninth circuit even though it shouldn't be there and we will possibly get a bad ruling and then we'll get another bad ruling and end up in the supreme court and hopefully we'll get a fair shake and win in the supreme court. >> sandra: kevin corke is following the story for us from the white house this morning. tell us about these lawsuits. >> bill: let me just say it this way. the white house counsel's office has been preparing this for some time and knew it would end up in the courts in the west. as you heard the president say. they have done a bit of ground work already in preparation of the suits led by california no surprise, 16 states in all. suing the government to prevent them from by passing congress in order to divert money from other areas including the military to pay for a wall. as you also know, the president believes clearly that this is a crisis. he is also confident that ultimately the supreme court will agree.
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>> president trump: it's an invasion. we have an invasion of drugs and criminals coming into our country that we stop but it is very hard to stop. with a wall it would be very easy. so i think that we will be very successful in court. i think it's clear. >> as the president predicted, california is leading the charge to stop the administration. that means this case, sandra, will wind its way through the courts including the typically left-leaning ninth circuit. >> in every respect the facts prove that donald trump is acting outside the law in declaring an emergency but also acting outside the law in trying to raid pots of money that have already been allocated by congress. >> we expect some states to fall off the suit as higher courts determine which are directly and are not directly impacted by this particular funding battle. of course, we'll keep an eye on that. >> sandra: former acting f.b.i.
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director andrew mccabe is talking again. >> he is talking about potential animus toward the president. he said he didn't hold any personal animus toward the president despite he has criticized wife for taking hundreds of thousands of dollars in campaign assistance during her run for office in the state of virginia from clinton associate. it was the president's ties to russia or russians or people in his contacts to russia or russians and made him suspicious and even fearful for our country. >> i think it's entirely possible and one of the reasons we opened the case against him. >> do you have a political bias against the president? >> absolutely not. i worked at the facts and law in frontd of us at the time. no connection with my wife's political activity and the decisions i made at work.
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>> as you know, mccabe was investigated and has been accused of lying to investigators for his role in many things that happened over at the f.b.i. during the so-called probe into the president and that fact might impugn the veracity of his statement in some corners but he is sticking by his story at least for now. >> sandra: thanks for kicking things off. >> bill: another alert, another day, another senator wants to be president. bernie sanders is back in the race making it official this morning. >> in a sense this campaign is a continuation of what we did in 2016. many of the ideas that i talked about, medicare for all, raising the minimum wage to $15 an hour, making public colleges and universities tuition-free. all of those ideas people are saying oh bernie, they're so radical. they're extremely american, people just won't accept those ideas. you know what's happened? all of those ideas and many
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more are part of the political mainstream. >> bill: charlie hurt has plenty to talk about now. good morning to you. think we'll need a bigger stage. this is about 12 right now on the list. how much has it shifted for bernie sanders since the last time he ran and was narrowly defeated in the primary against hillary clinton? >> the clip you showed is interesting him talking about how he expects it to be a continuation of his run from last -- from four years ago and also the point, he is right about this. a lot of the ideas that he proposed back then which were deemed radical by a lot of people are now sort of mainstream, at least in his party. i still don't think they're particularly mainstream in the rest of america but certainly mainstream in his party and he has succeeded in moving his party far, far, far to the left talking about things like medicare for all which there are all sorts of problems with
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that. like whether it's remotely viable. republicans often like to recycle the second place losers from the previous election. democrats tend not to do that. democrats tend to run off with a new flavor every four years. whether or not bernie sanders this time is able to benefit from all the success he had last time and especially considering that the democratic primary was very much rigged against him and rigged from the inside to help hillary clinton get the nomination, even though he had the real enthusiasm, it will be interesting to see whether democrats will give him a second shot. >> bill: the thing about bernie, he will say a socialist and won't hide behind it. you have the candidates up in new hampshire like kamala harris yesterday and repeatedly asked this question. >> imnot a democratic socialist.
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i believe what voters do want is they want to know that whoever is going to lead understands that in america today not everyone has an equal opportunity to -- access to a path to success and that has been building up over decades and you have to correct course. >> bill: every candidate will be asked that and their position. my sense this is a rerun from two years ago. the establishment will want a center left candidate like a joe biden but the progressives in the party will vote for people like bernie sanders. >> she can say she is not a democratic socialist. one of the things she has talked about is medicare for all and all of that is designed to appeal to this growing part of the democratic party with no problem with socialism. they've never considered all the moral questions that come with something like that. she can say she is not a
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democratic socialist and check that box and say she is actually part of the democratic party but her platform and the platform of a lot of these democrats very much come from the democratic socialist imprint of bernie sanders. >> bill: they will have a lot of work. >> a fun goat roping. >> bill: he won new hampshire over hillary clinton. he could be formidable yet again. charlie hurt is another one. see you soon. >> sandra: new developments in the jussie smollett case. the two brothers police questioned and released are discussing the matter publicly now for the first time. claiming the empire actor hired them to stage the attack as chicago police want to reinterview smollett in light of new evidence. matt finn is live at the scene of the alleged attack. folks are trying to keep track of it all, matt. >> good morning, sandra.
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right now chicago police are waiting on jussie smollett. we requested that very important follow-up interview. as of 5:00 p.m. eastern time yesterday chicago police tell us they have not heard back from him. it was a holiday yesterday. they were giving him the benefit of the doubt. his crisis manager says smollett will continue to talk to detectives. if he does not, chicago police will seek a warrant for his arrest turning this case over to a grand jury or prosecutors within 48 hours. according to cbs the two brothers told police smollett told them to rehearse and carry out the attack and he was upset a death threat letter sent to him a week before didn't get enough attention. smollett's attorney says whoever says he was involved are liars. we want to set the scene for you.
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the intersection where the alleged assault happened. the two men were walking right here on this sidewalk along with brick wall, a residential apartment. if you look up there is a surveillance camera right there. we believe it's likely the camera that caught those two brothers on tape. police won't confirm it's the camera. right over my shoulder is the residential building that jussie smollett was staying at. he used a small residential entrance on the lower side of water street to get in and out of the building that night. the subway he walked to is a few blocks north in this direction. >> sandra: meanwhile, matt, this morning chicago police still aren't formally calling smollett a suspect at this time? >> that's right. however, they're no longer insisting he is the victim. they're starting to refer to him as the person who filed this report, sandra. >> sandra: matt finn live for us in chicago there as a very
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confusing story continues to reveal a bit more by day here. >> bill: police want to talk to them. at the moment his attorneys are suggesting that interview won't happen. >> sandra: they gave him lee way yesterday. give him a benefit of the doubt. it's really something. >> bill: more coming up on that. also this today. president trump vowing a new day is coming for the people of venezuela. he said this. >> president trump: to those who would try to impose socialism on the united states, we again deliver a very simple message. america will never be a socialist country. >> bill: now florida senator rick scott moves with president trump delivering that message to the maduro regime and will join us live later this hour. >> sandra: an american woman who called for the death of soldiers and left our nation to join isis is begging to return.
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why she is asking to come back home to the u.s. >> bill: more breaking news on the lawsuit the president saying he will win and get his wall. senator rob portman joins us on that battle and how it plays out next in congress. >> he wanted to see if congress would negotiate a better deal. they, of course, fell short. will it feel like the wheend of a journey?p working, or the beginning of something even better? when you prepare for retirement with pacific life, you can create a lifelong income... so you have the freedom to keep doing whatever is most meaningful to you. a reliable income that lets you retire, without retiring from life. that's the power of pacific. ask your financial professional about pacific life today.
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wirethat's not right.nth? it's right, all right. now, chunky-style milk? ♪ that's not right. kinda like your wireless bill. get mint mobile for $20 bucks a month. with two months free. ob >> sandra: justice ginsberg will hear arguments today for the first time since her surgery in december. she has been working from home while recovering. january was the first time justice ginsberg missed oral arguments in 25 years. this is her third bout with cancer. she has no plans to retire any time soon. >> bill: one of the top stories.
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16 states led by california filing a lawsuit against the trump administration challenging the president's authority to use an emergency declaration to pay for more border security. senator rob portman is here. the white house says we're on strong legal ground in this case. >> probably. there haven't been supreme court cases since the national emergency act. there are some cases previously that people talked to. under the new law probably in my view the courts end up saying it's a political question to be worked out by the branches. >> bill: mercedes schlapp said this. >> we feel we're in strong legal ground. we know the realities of judicial activism as you've seen with the ninth circuit. but at the same time the president didn't want to have to choose this route.
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he wanted to see if congress would negotiate a better deal. they, of course, fell short. >> bill: she is echoing a bit of what you are suggesting here. what they would argue the president has an obligation to provide safety to the people living in the united states and you think they win on that argument. >> i think the court is likely to kick it back to us and say under the national emergency act we can vote on it. the president's proposal for the border i thought was reasonable. what he said let's use an evidence-based approach and what the border patrol experts want. this is the border security improvement plan. he wanted to fund the top ten priorities of that plan. congress probably has now funded two or three of those and with some of these other funds he can probably fund half of those. so he can -- >> bill: you can access, what, $4 billion before the -- >> the forfeiture fund and dod for drug interdiction. that would be my preferred route. i think that would be on safer
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ground both in terms of the courts but also it would enable us to avoid setting a precedent that could -- i do support the president on securing the southern border. people in ohio care about the drug issue. opioids have devastated our state. now we have an increase in crystal meth and almost all of that is coming from mexico and it is cheap, powerful and devastating. we need to do more on the border with regard to immigration but also with regard to stopping the drugs and with regard to the trafficking. >> you've been a leader on the opioid issue. two more topics. a week from today in hanoi, vietnam. what does the president get from the second summit with chairman kim? >> i think it's very good they're talking. people sometimes talk the administration for not getting enough results. but it's better than not talking. otto warmbier was a constituent. we need to talk to these people. good they're having the discussions. the key is verifiable.
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north korea has made commitments in the past they haven't kept. did it with clinton, bush and obama and now see if we can get a verifiable agreement. i hope this meeting will be about commitments but a process to make sure they're following through. >> bill: not easy. as you canvas the country right now and watch your colleagues in the senate. anybody left in the senate? they're all running for the primary for 2020. if the election were held today the president would run on the economy. what you are getting for the candidates on the other side, at least the far left of that party. that's where all the energy is. how does that play itself out do you think? >> you're right. it looks like there are 10 of my colleagues running. some haven't announced yet. mostly running to the left. it is the party moving to the left. the great middle is where you win elections in our state of ohio but also in the country. we'll see what happens there. you are right about the economy. finally we have not just a
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growing economy but wage growth in this country, something that you and i have talked about before and i feel so strongly we needed to do the tax reform and needed to do the regulatory relief to get the economy moving in a way working families can see some benefit. we're seeing that now. we're seeing year to year increases in take home pay finally. to me it should be the objective of all of this. >> bill: it would be good news. senator, great to see you in person, rob portman, the republican from ohio. 20 past. >> sandra: on to this. an alabama woman who joined isis in syria four years ago now wants to come home. she is pleading for a chance to move back to the united states after calling for violence against americans. so what happens next? >> bill: in a moment nation of islam leader farrakhan telling representative omar not to apologize for her controversial remarks on israel. what we've learned today coming
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and now get $200 back when you buy and eligible smartphone. click, call, or visit a store today. >> bill: this ride turned into an ordeal. 16 people were trapped in sea world on monday. it got dark. they think there was a circuit breaker that caused the ride to stop. the company is promising a thorough inspection of the ride before it reopens there in san diego. >> sandra: that's not what they signed up for. onto this story we're following for you this morning. an alabama woman who fled the u.s. to join isis in syria now wants to come home. the 24-year-old living at a refugee camp there. she says she deeply regrets joining the terrorist group and did it because she was ignorant and brain washed. trey yengst has the details. >> this 24-year-old american
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woman who left the states to join isis just four years ago spoke with media outlets at a refugee camp in northern syria this weekend saying she wants to return home. she is the only american out of 1500 women and children who are living in the camp near the turkish border. she traveled there 2015 and married an australian isis fighter. i look back and i think i was very arrogant and now i'm worried about my son's future. i didn't have many friends left. the more i talked about the oppression of isis the more friends i lost. she was brain washed into joining the isis state she spread anti-american rhetoric and calling on others to kill americans as syrian democratic forces say the final takeover of isis land should be completed by the end of the week. a final group of fighters using human shields to avoid being
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killed by the democratic forces. they're currently in negotiations with kurdish forces. there are an estimated 1,000 civilians among the last isis fighters making the operation very difficult. >> sandra: thank you, trey. >> bill: one of two women accusing justin fairfax of sexual assault is speaking out and why sthe is making the case she wants to testify about her claims in public. >> sandra: president trump urging the venezuela military to back juan guaido over the maduro regime. he says the days of socialism are number. rick scott was with the president yesterday and will join us live yesterday. >> president trump: the people of venezuela are standing for freedom and democracy and the united states of america standing right by their side. >> tech: at safelite autoglass
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>> bill: 9:30 in new york. markets were closed yesterday for the three-day weekend. we'll open up here in about four seconds. oh, sorry, missed it by three. >> sandra: there you have it. >> bill: president's day holiday. traders waiting for news out of the china trade talks. rob portman was with us about 15 minutes ago and he used to be the trade representative for the united states government. he knows this stuff. he kind of knows this stuff. he believes that china is going to buy more of our products, which would be a win. he thinks there will be some headway in intellectual property. i don't know if you get all of what you're looking for on behalf of the administration and probably as we mentioned last night get another summit with president xi in mar-a-lago sometime soon. >> sandra: the talks concluded over there and now they are going to have these talks here.
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the big moment will be thursday. we'll see what comes out of that. the president continues to tout progress on the trade front. we'll see. >> bill: let's get it, right? >> sandra: president trump with tough talk for venezuela's socialist regime. in a speech to venezuelan immigrants in miami, florida, yesterday renewing his calls for nicolas maduro to step down. he ripped socialism as a failed economic system and declaring latin america is about to witness the dawn of a new day. take a listen. >> president trump: the people of venezuela stand at the threshold of history ready to reclaim their country and to reclaim their future. in venezuela and across the western hemisphere, socialism is dying and liberty, prosperity, and democracy are being reborn. i ask every member of the
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maduro regime, end this nightmare of poverty, hunger and death for your people. to those who would try to impose socialism on the united states, we again deliver a very simple message. america will never be a socialist country. >> sandra: a strong message from president trump there. let's bring in florida senator rick scott who was at the event with the president and he sits on the armed services and homeland security committees. you were joined by the governor and senator marco rubio. how was the president's message received, senator. >> it was very well received. think of how many of those individuals have had to leave their countries to come here because they've gone the path a lot of democrats want to go down. the socialist path instead of a capitalistic path. 90% of the households in venezuela don't have enough money for food. 80% of the kids are in some
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form of malnutrition. the second highest murder rate in the world. that's socialism. it doesn't work. i want to thank the president for recognizing juan guaido and organizing other countries around the world to recognize him as the rej -- legitimate president. we have to allow humanitarian resources and a peaceful transition to a democracy with free and fair elections. i want to thank the president for his focus on venezuela, cuba, nicaragua, all of central and south america. >> sandra: he issued this warning to venezuela's military. >> president trump: you have the opportunity to help forge a safe and prosperous future for all of the people of venezuela. or you can choose the second path. continuing to support maduro. if you choose this path, you
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will find no safe harbor, no easy exit, and no way out. you will lose everything. >> sandra: senator, can and will there be a peaceful transfer of power there? >> well, it's really up to the military right now. if they side with juan guaido who is the legitimate president right now they'll do the right thing. side with the people of venezuela and the right thing will happen here. that's what all of our hope is. but the president has done the right thing. we have to make sure that the sanctions the president has implemented on venezuela are all enforced. against individuals and their families we have to enforce those and put pressure on maduro to step aside. >> sandra: this is all happening -- the president has vowed in his strong message to the military, happening as democrats back at home in the
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united states are vowing messages of medicare for all, free college tuition, minimum wage increases, even guaranteed basic income in some circumstances. the president was clearly yesterday trying to draw a stark contrast from some of those messages that we're hearing here at home. >> well, socialism has never worked. it has been discredited. it is evil. think about my case. i grew up in public housing and able to build businesses. you can't do that in venezuela. we're not sitting like they are in venezuela where 80% of the kids under five from malnutrition. these democrats have gone off the deep end. it is regressive. it hurts the poorest families. that's what they've done in venezuela. at one time venezuela had the highest gdp per capita in all of south america and three million people left. you look at how many people have come to the united states and come to columbia and gone
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anywhere around the world to get away from maduro. >> sandra: i want to move on to the lawsuit now 16 states. going up against the president and his plan to declare a national emergency to secure funding for the border wall. where does this fight ultimately go? the president predicted this would happen, senator. >> i'm so disappointed in the democrats. i went down to the border, talked to border patrol a little over a week ago. they need more agents, they need more technology. technology is very hold and they need barriers. the barriers where they need is to get operational control for people coming across. that's what they need. the democrats stopped it. the president didn't have a choice. his job is to keep our country safe. is it the first thing everybody wants to do to have the president declare an emergency? no. he has to secure our border to keep us all safe. >> appreciate your time.
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thank you. >> bill: fiance of missing colorado mother due in court today. his name is patrick frazee charged with two counts of first degree murder. she was last seen on thanksgiving day shopping with the couple's 1-year-old daughter. we pick up the story live in the denver bureau. >> did we find out why the teller county district attorney believes that patrick frazee is responsible for the disappearance and murder of his fiance kelsey berreth. many documents are sealed and we don't know who will take the stand. prosecutors have charged frazee with killing his 29-year-old fiance and mother of their 1-year-old daughter and charged him with solicitation of murder. berreth was last seen at a grocery store near her home on thanksgiving. they have evidence she was killed but body yet to be found.
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the d.a. hasn't given a motive berreth's family has filed a lawsuit saying he killed her because of a custody dispute. berreth's mother says in a phone call frazee told her he had had enough and wasn't going to deal with things anymore when he and kelsey were together it started out good and then went bad and that kelsey put him down in front of kb. that stands for their 1-year-old child. earlier this month idaho nurse christa lee kennedy pled guilty with helping frazee. she said frazee admitted to her he killed berreth. >> it is a horrible tragedy for their family, horrible tragedy for our community. it has caught the attention and heart of people across the country and actually maybe across the globe. >> the hearing gets underway in 90 minutes. we have a producer in the courtroom and will bring you updates.
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>> bill: thank you. she is live in denver with the latest on the case. >> sandra: a really close call at a hockey game but not on the ice. the broadcaster avoided injury when a stray puck came within inches of hitting him in the face covering the tampa bay lightning game with the blue jackets. that puck traveled so fast it hit the camera. >> bill: sometimes you get a sense of what is happening and you know it will be okay. you're in that car and you hit the black ice and start kidding but not hit the tree. >> sandra: glad everybody is all right. right at the camera, too, wow. >> bill: that close. congresswoman ilhan omar getting a new defender, louis farrakhan urging her not to apologize for her controversial comments about israel. >> sandra: cbs correspondent laura logan holding nothing back as she is now calling out
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the media over its coverage of president trump. what she is saying about left-leaning bias. >> bill: some of the 2020 hopefuls jumping to defend the green new deal as cory booker was asked about it just yesterday. >> this is a lie that's going on right now. the guy as a former mayor you can revive your economy an create a bold green future. we retrofitted our buildings. saved taxpayers money. saved jobs in our community and lowered our carbon footprint. happy birthday!
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offers to be interviewed i refused to make my rape a media opportunity. my motivation was never for personal gain. fairfax has denied all of the allegations against him. >> this lie being put out that being green and responsible for the environment means you have to hurt the economy a lie. bold things we can be doing. the energy and the industry of the future we can define the way and not let the chinese or other countries do it. we can get a green future that works for everybody. >> bill: senator cory booker slammed critics of the green new deal in the snow of new hampshire. one of his main sponsors alexandria ocasio-cortez criticized for opposing this massive amazon deal here in new york city. jonah goldberg is here to make sense of it all. it has been some time. a big welcome back to you here on "america's newsroom." the economics of it. he says that's a lie and you
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say what? >> it's nonsense. look, he says it is disingenuous to ask how much it will cost. imagine if a car salesman said that to you on the car lot. oh, you know, you shouldn't have to ask how much it is going to ask. of course you have to ask how much it will cost. the idea you can get rid of the oil and gas industry, the steel industry, the coal industry, the air transportation industry, much of the automotive industry and have it not cost anything is ludicrous. and the idea that somehow because he was a mayor of jersey city, which got -- which benefited from the gentryfication of new york city getting rich he knows how to retrofit the entire industrial base of the united states is clownish. that's where we are these days. they always want to make it out to be a false choice. that going green has no costs. governing is choosing and
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economics is choosing between competing goods. and there are going to be costs. when you tell people there wouldn't be you're selling them a bunch of beans. >> bill: your piece. the new green deal will require a ton of corporate cronyism. that's the case the left is arguing in new york that money should be spent on schools and subways. you make the case you can't go big green unless you co-op american business along the way, right? >> this is the story of woodrow wilson administration, the story of the actual new deal where big business and government got in bed together. the only way you can do these massive industrial policy kind of things, particularly on a deadline. that's what the green new deal is about in doing it in 10 years. inducing the lobbyists and fat cats to get around the table
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and give them benefits through tax abatements and subsidies to do the things you want them to do. that's exactly what the amazon deal was and -- >> bill: they chased them out of town. >> they weren't bribing them enough. >> bill: it is an interesting piece in the "new york post." louis farrakhan has weighed in on congresswoman omar controversy with her tweets about israel. this is what he said in a moment and what we're to understand about this now. >> miss omar from somalia, she is now talking about the benjamins and they're trying to make her apologize. sweetheart, don't do that. you sure using it to shake the government up. but you have nothing to
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apologize for. israel an aipac ways off senators and congressmen to do their bidding. >> bill: with that back drop you have a primary battle underway that will have 20 different candidates and the scab on this issue has now been, some would argue, ripped wide open. >> i have to say in america it's a much smaller version of what we're seeing in the u.k. where you are actually having the liberal party just come apart at the seams over the issue of anti-semitism. that sort of process is just starting among democrats these days and this is just i think the canary in the coal mine. of course louis farrakhan doesn't want her to apologize. my dogs don't want me to apologize when i drop roast beef on the floor. louis farrakhan has been peddling anti-semitism his entire career. the david duke of the left. anything that gets this dialogue out there gets this
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narrative out there that the jews are running everything is music to his ears. and the democrats will have to figure out really quickly how to put a kibosh on this kind of narratives or it will stick to them in ways that will be a real problem going forward. >> bill: likely not a last of this. good to see you today. jonah goldberg in washington thank you. >> sandra: apple is facing criticism for the face time eavesdropping bug. we reported it right here on this program. today is the deadline for ceo tim cook to answer questions on that from lawmakers. so what will they do about it? your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown
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>> sandra: lawmakers giving apple ceo tim cook until the end of the day to answer
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questions about the iphone's face time eavesdropping bug. it lets others listen in even if the call was never answered. as reports claim the app's features still aren't working properly after apple rolled out a quick fix, so they said. let's bring in morgan wright, the center for digital government. good morning to you. a lot of people listening to this story because it can affect anybody who uses an apple phone and particularly uses facetime. what's apple saying here? >> look, you've got a company that has deployed billions of phones and a flaw there. a big flaw. apple is all about privacy. this impacts them in a way it may not impact other companies. they're dealing with a complex issue. the challenge is any time you add features like this, you don't know what you don't know. you don't know some bugs exist because it takes very concerted effort to find these flaws and exploit them. it is not the 14-year-old.
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he may have disclosed it first but flaws like this are the goal for intelligence organizations in china, russia, israel. places like that looking to exploit these phones. >> sandra: you look at some of the questions that the house energy and commerce committee that they want cook to respond to and questions they want answer. please provide a timeline what steps were taken once they identified this problem. the first one is identify when you, the company, and the ceo, apple and tim cook, learned of the problem. as you are suggesting they didn't learn about it from this teenager. >> no. this is very interesting, too, sandra. when the nsa exploits came out and wanna cry was lawned by north korea, it was a microsoft flaw. our own government knows about a lot of these disclosures. i will tell you there are times the ceo should know about flaws and bugs that haven't been
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fixed and a perfect example is equifax. that was something they knew about and they didn't fixed. apple didn't know about it. once they found out about it they took responsible action. the question is how much should a company be responsible for knowing about a product that has billions of devices out there? it's a tough row to hoe. you want to protect privacy but you have to be a little realistic. >> sandra: as you point out privacy is the cornerstone of apple's market. we expect if we get a phone call or facetime call that nobody is going to see or hear us until we accept that call. that wasn't happening in this instance, morgan. >> no. in fact, they even went beyond. it was the video. there are a couple of blogs that follow macs that could show how to get the video as well by exploiting a couple flaws in the product. so i tell you, the law of unintended consequences. people want the technology but
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there is a dark side to it. every time it's flying through the air somebody else may be listening you don't want to. >> sandra: lawmakers are urging tim cook to answer the questions and deeply troubled by the bug as well as how long it took apple to address the issue. we'll see what answers they get. morgan, thank you. >> you bet. >> bill: well, we've got another one. bernie sanders makes it official he is in it to win it in 2020. the growing democratic field here. the case of he said/he said. what is the truth behind the f.b.i.? >> i'll try to figure out who is lying, because somebody is lying. like an "unjection™". xeljanz xr. a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough. xeljanz xr can reduce pain, swelling and further joint damage, even without methotrexate.
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and you don't have time for a cracked windshield. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ >> sandra: deputy attorney general rod rosenstein stepping down. a justice department official revealing he will leave his post mid-march. his departure has been expected with the confirmation of william barr as attorney general as rosenstein rejects allegations he considered taking steps to remove president trump from office. senator lindsey graham promising hearings into those allegations. >> acting head of the f.b.i., talking to the deputy attorney general about replacing the president. so what i'll do, oversight is part of my job. we do have checks and balances so the congress will watch those who watch us. i'll try to find out who was in these meetings and talk to all
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of them and figure out who is lying. somebody is lying. >> sandra: former f.b.i. deputy director andrew mccabe said rosenstein offered to secretly record meetings with the president and suggested invoking the 25th amendment to remove him from office and rosenstein saying they are factually incorrect. all right. bernie sanders jumping into the crowded 2020 field making a second bid for president after losing the nomination to hillary clinton in 2016. welcome to a brand-new hour of "america's newsroom," tuesday morning i'm sandra smith. >> bill: need a bigger boat. i'm bill hemmer. good morning. senator sanders entering the race as one of the frontrunners as the democratic party aligns itself more closely with his socialist agenda. he pushed it hard two years ago. sanders says he plans to fundamentally reshape america. >> we are going to win. we are going to also launch what i think is unprecedented
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in modern american history, a grassroots movement, john, to lay the ground work for transforming the economic and political life of this country. >> bill: that interview and announcement from cbs earlier today. peter doocy live on the campaign trail in new hampshire. >> senator sanders surveyed the field of trump khal challengers. is saying the same thing he did back in 2016 when he got 13 million primary votes. >> many of the ideas that i talked to, medicare for all, raising the minimum wage to $15 an hour, making public colleges and universities tuition-free. all of those ideas people are saying oh bernie, they are so radical. they are extremely american, people. just won't except those ideas. you know what has happened in three years? those ideas and many more are part of the political mainstream. >> the trump campaign seems to
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agree the new press secretary says this bernie sanders has already won the debate in the democrat primary because every candidate is embracing his brand of socialism. but the american people will reject an agenda of sky high tax rates, government-run healthcare and codling dictators like those in venezuela. sanders easily won the new hampshire primary with more than 60% of the vote in 2016. he has $14 million leftover in a campaign account he can put toward a 2020 effort. don't expect other top tier democrats to duplicate his platform too closely. i asked kamala harris yesterday if she needs to adopt a more democrat socialist platform to compete. >> the people of new hampshire will tell me what's required to compete here. i am not a democratic socialist. >> one thing bernie sanders has to do this time to compete in the democrat primary is actually become a democrat. right now he is officially an independent.
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the dnc has new rules if you want to get on the debate stage and ballot you have to sign up to be a member of the party. >> bill: on it goes. thank you so much. more to come. peter doocy in new hampshire. >> sandra: california leading the charge. 16 states filing a lawsuit against president trump's national emergency declaration heading to the ninth u.s. circuit court of appeals. the president predicted that and tweeting about it this morning saying this. i predicted 16 states led mostly by open border democrats and radical left have filed a lawsuit in, of course, the ninth circuit. california, the state that has wasted billions of dollars on their out of control fast train with no hope of completion seems in charge. william la jeunesse is live in los angeles. william, good morning. >> good morning, sandra. the states argue it is not an emergency, two, that the president cannot divert money congress already appropriated for another purpose. joining california, 15 states all have democratic attorneys general and all but maryland democratic governors.
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the suit is filed in the liberal ninth circuit where judges have already ruled against the president in nine major cases. it seeks an injunction to stop the president from building a barrier at the border while the case is argued. it calls the emergency declaration, quote, unconstitutional and unlawful and the states must protect their residents, natural resources and economic interests from the president's flagrant disregard of fundamental separation of powers, principles. >> responsibility to determine where our taxpayer dollars go is congress's responsibility. donald trump cannot u surp that obligation and privilege. he is trying to do that. >> the president says the 1976 law allows him to build the wall because there is a national security risk but he also said, likely to be used against him, the situation is not an emergency. >> president trump: it's an
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invasion. we have an invasion of drugs and criminals coming into our country. i could do the wall over a longer period of time. i didn't need to do this but i would rather do it much faster. >> this could play out for a year or more, sandra, as the two sides argue over congressal and presidential powers but immigration the central issue again in 2020. >> sandra: thank you. >> bill: another alert now. new developments in the jussie smollett matter. the two brothers who police questioned are talking for the first time. they put out a statement saying this. we are not racist or homophobic or anti-trump. we were born and raised in chicago and are american citizens, end quote. former federal prosecutor doug burns with us now. hello to you, sir. we have a stack of questions here. i want to take our viewers back to last week during the "good morning america" interview with robin roberts. the question was asked to him -- put to him as to why some
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people don't believe his story. >> what is it that has you so angry? is it the attackers? >> the attackers but also the attack. it's like -- at first it was a thing of listen, if i tell the truth, then that's it because it's the truth. then it became a thing of like oh, how can you doubt that? how do you not believe that? it's the truth. and then it became a thing of like oh, it's not necessarily that you don't believe that this is the truth, you don't even want to see. >> bill: as a lawyer and prosecutor -- >> sandra: i've been looking at faces for 33 years in courtrooms and we don't have a perfect lie detector test as lawyers or human beings but at the same time you look at things like the body language, the facial expression, etc. and it is an open question. then when i saw it as to
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whether he was telling the truth. now the story that he tells appears to be unraveling. in other words, he was saying he was attacked by people. the two of them. you have the law discussion and the social media political discussion. legally very straight forward. i was in a staged bank robbery state as the prosecutor. the teller was involved with the person who went into the bank. the teller gave her $22,000 and all staged. staged larceny. this is a similar fact pattern. he is in a conspiracy to commit a crime against himself which is interesting. what the charges will end up being are, of course, false report to the police and having to pay for it, etc. their issue right now legally simple, any trial lawyer will tell you. if these two young men are saying he hired us to do it. are they telling the truth? plain and simple. you need to figure that out. >> sandra: the chicago police say come back in. we need to talk. even if you are the victim,
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obviously you really want to go and make your case and tell them what happened. even if you're maybe lying or covering something up wouldn't you want to put off the image that you want to talk and sit down with police? >> 100% right on the money. more importantly, there were some red flags early on. again, i don't condemn anybody, defend them. i don't draw judgments. i look at what i look like. my hero, sherlock holmes. he said i don't want to give my phone in. that sent up a big red flag to me. used the excuse, there is information on there i don't want people to see. that jumped out at me. the point is if i may be positive about the legal system the chips will fall where they fall, they'll find out what happened. >> bill: one more thing from the interview. you read body language, right? >> body language, facial demeanor. >> bill: read the language on this clip. >> why do you think you were
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targeted? >> i can just assume. i come very, very hard against 45. i come really, really hard against his administration. >> when i saw that i thought there was a certain hesitancy in the way he was speaking quite honestly. again -- >> bill: you are judging guilt or innocence based on comments. how about this question? he says he isn't going to talk to police. if they emotion -- impanel a jury -- >> he is not required to speak to the police or go before the grand jury. any prosecutorial policy. to offer the opportunity to testify. you don't have a legal right. in state court you do have a right to testify as a defendant. so the point is he doesn't have
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to say anything ever again and let the prosecution just run its course. but again he has dug himself into a tough situation. >> sandra: take it down to today. police are saying come in, we want to talk to you. he hasn't done that. what happens next? >> they go on with their investigation. they have impaneled the grand jury and put the two guys you saw before that grand jury under oath, by the way. an interesting distinction. we know from all the mueller discussion if you lie to an f.b.i. agent it's a crime. in state court it's generally not the case. they go to the grand jury under oath and explain to people what happened. >> bill: i'll guess smollett goes underground and see if the indictment comes. >> that's what he will do on the advice of his lawyers. >> bill: on the challenge from the different states last night. what do you believe right now is the legal defense for the administration's policy? >> i said it once. the president said they'll run to courts in california, then
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to the appellate court and then the supreme court. i said putting his political rhetoric aside that is what is going to happen. some judges may invalidate it in the short term. i will predict again the president will prevail ultimately in this case and it is a little stronger. he is on a little better footing he was on the travel ban case seriously. based on the broad, broad authority given to the president. and again, take the politics out of it. the broad legal authority that goes to the president to declare an emergency. quick footnote. i know you guys have covered this extensively. there may be dust-ups where the money is coming from, how it will be moved around, defense department budgeting, that type of thing. but on the core question of whether or not he has the authority to declare a national emergency i think he is on very firm ground. >> sandra: the california attorney general leading that lawsuit says that he is trying to fabricate an emergency declaration situation.
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>> two points are. he made up the emergency and yu surping the congress but there are arguments he has the authority to do it. >> bill: doug burns in studio trying to keep it straight. >> sandra: on to this story. an american woman leaves for syria, joins isis and calls for the murder of americans. now she is begging for permission to come home saying she has made a big mistake. what happens next in this stunning story? >> president trump issues a warning to venezuela urging the military to liberate their people and why he says the socialism is dying. >> president trump: i ask every member of the maduro regime, end this nightmare of poverty, hunger, and death for your people. let your people go.
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were in the car when it was stolen last month while their mother was inside of a store. police eventually located the vehicle and took the suspect into custody. he is facing several charges including kidnapping. the children as you can see are unharmed. >> bill: 18 past. jihadi bride who left her home in alabama to marry isis fighters in syria. she wants to come home. bill richardson, former u.s. ambassador to the u.n. and thank you for your time and coming back today out of sante fe, new mexico. three topics for you. i want to ask you about this first. this is what she told the guardian. i look back now and think i was very arrogant, to quote her. i'm worried about my son. the more i talked about the oppression of isis i lost friends. i was brain washed once and my
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friends are still brain washed, end quote. what do you do with her request to come home with her son? >> well, i'm not sympathetic. she has to face the legal consequences of what she did. isis is our worst enemy. i don't think we need to cut her any slack. now, there is a due process that needs to be followed. i would presume she would be tried by a military court, maybe she can provide some valuable information, intelligence about isis, but i'm not that sympathetic. just because you say you are brain washed and made a mistake, 24 years old, adult. she should face the consequences. >> sandra: interesting to hear you say that. how do you expect the administration to proceed with this? this is a brand-new story we're dealing with here. >> i guess there are just two cases like this. they will have to deal with it. i would think, sandra, a military court is appropriate.
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i believe that yes, due process is -- needs to be given but again, you just can't say as an adult well, i was brain washed. i made a mistake and i've lost my friends. she called for the death of many americans. i just am troubled about giving her an open slate to come home and be treated as if nothing happened. >> bill: her case is similar but not the same for the european fighters who went to syria. the u.s. is urging european countries to take them back. i want to move to another topic. a week from today, sir, chairman kim and president trump sit down in hanoi, vietnam. what do we get from a second summit? >> well, we need to get more than we got in the first one, bill. we didn't get anything from the north koreans on denuclearization, disclosure where the weapons are, where
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their weapons are. tensions have been reduced, it looks like the president and kim have a relationship. but the north koreans haven't delivered. i've negotiated with them in the past. they wait until the last minute if they are going to do something. i want to see some concrete steps on denuclearization, which they have not done. i suspect that negotiating framework where in exchange for that maybe some sanctions relief. but i worry that the president is just going to be more interested in a big photo op than in substance. i hope he listens to his advisors, the secretary of state and special envoy on not just making this another photo op. that's my concern. >> sandra: i wonder how success will be measured when it comes to this summit, ambassador. when you look and talk about the relationship the president has with kim jong-un. the president touted that has a good relationship and put out there as a sign of achievement
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with north korea. >> well, that's fine. it is good that the two leaders are talking to each other, exchanging letters. but you want the main, tough negotiations to come from your advisors, the state department. and the reality is that kim needs the summit to show that he is on the par with the president of the united states. i think the president wants a summit, too, for his own political purposes. the danger here is that outside of a better, quote, relationship between the two leaders you get little in return. and we need to reduce north korea's nuclear arsenal for our sake, for japan and south korea. so far they haven't done much. >> bill: there is a suggestion in the "wall street journal" might open up an office in north korea. some are suggesting you have to get verification. it's tough to do with chairman
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kim in such a secret society. ask you about venezuela. the president was in miami, florida yesterday delivered a strong speech with a lot of threats frankly headed toward that government that will not give up power. this is how it went in florida. >> president trump: make a peaceful transition of power, but all options are open. if you choose this path, you will find no safe harbor, no easy exit, and no way out. you will lose everything. >> bill: can we make it happen? >> well, i think there the president is moving in the right direction. we took three good steps. one, we recognized guaido, the leaders of the assembly, reform candidate after a fraudulent election by maduro. secondly, we built an international coalition, european and latin countries to recognize guaido and third
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we're trying to get humanitarian supplies through columbia into venezuela and venezuela, maduro, the dictator, is blocking it. we're trying to do this peacefully. hopefully the venezuelan military that is key here will allow these supplies to come and we keep pounding away at maduro so he leaves peacefully. and there are some free and fair elections, perhaps internationally supervised, supported by the venezuelan military that is key. but i believe the policy there is moving in the right direction. >> sandra: final thoughts from you, ambassador. how do you respond then to the president attempting to draw a stark contrast from some of the calls that are being made here at home by members of your own party that are policies quite frankly aligned to socialism. >> that's not the case. look, there is a debate within the democratic party. the centrists defm
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congratulations like myself who are an endangered species. the strong initiatives. they aren't socialist. they're progressive. that's a debate that will unveil in our primary system. but we have a lot of good candidates out there and we need a full debate. venezuela is not the united states. the president is already in campaign mode. >> sandra: bill richardson, great to have you on the program this morning. the former ambassador. we appreciate your time. the former acting director of the f.b.i. continues his book tour saying the decisions he made had nothing to do with politics. >> political bias? >> absolutely not. i did my job. worked on the facts and law in front of us at the time. no connection whatsoever with my wife aefs political activity and the decisions that i made at work. >> sandra: andrew mccabe denying bias against the president but what he claims he told congressional leaders that is sparking new questions at this hour. we're live with the latest on
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that. >> bill: former cbs correspondent laura logan blasting the mainstream media and what she has to say about media bias. >> we've abandoned pretense or the effort to be objective today. are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes
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investigation on the president and no one objected to it. >> this is a major development and in the last hour a member of congressional leadership has told fox news they find mccabe's claim to nbc confusing because by may of 2017 it was already known that the f.b.i. and justice department had opened a counter intelligence investigation into trump and his campaign and that began in the summer of 2016. meantime the deputy attorney general rod rosenstein under even more pressure after mccabe's interviews that rosenstein reportedly offered to wear a wire and record the president, rosenstein will now leave the justice department mid-march. those sources within the department continue to emphasize that rosenstein always planned to stay in the job for only two years. fox news is told a successor could be named as early as this week. jeff rosin is the new attorney general william barr's choice. he is the current dep see
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secretary of the department of transportation. rosin has a strong legal background as general counsel for a number of government agencies. on another day this book tour mccabe also down played and challenged the findings of the justice department's internal watchdog that led to his firing last year for lying to federal investigators about a media leak. >> investigative report includes all the evidence. it includes all the information. not just those facts that support the conclusion that you would like to draw. so i have big problems with that report. i disagree with the conclusions they drew and that is something that i will be raising in a civil lawsuit that i'll bring against the department of justice. >> fox news has confirmed the violations uncovered by the inspector general michael horowitz included three violations of the f.b.i. ethics code, lack of candor under oath, lack of candor when not under oath and the improper disclosure about the investigation into the clinton
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foundation. former f.b.i. field agents say lack of candor is a cause for immediate termination. >> he was asked the right question earlier today on nbc and he talked about the potential collusion of a russian hacking the election. he mentioned the witch hunt and that he wanted to stop the investigation of michael flynn. on 60 minutes the other night he added that -- he is relying on putin. are those the basis for the facts that we understand to this point as to why they would open up this investigation? facts now. >> the only way to get to the facts is to take all of the individuals rod rosenstein, andrew mccabe, and others in senior f.b.i. leadership and put them under oath.
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that's something that hasn't happened and senator lindsey graham who chairs the senate judiciary committee will oversight of f.b.i. and d.o.j. can make that happen if he wishes to in a matter of weeks. the bottom line is that we have these critical eight days in may and what we understand now is that multiple investigations were ongoing or launched after the termination of the f.b.i. director james comey. and you are right. there are a lot of inconsistencies into the chain of events and who did what. the way to resolve that is to get people under oath, bill. >> bill: thank you. good reporting there in d.c. >> everywhere is mostly liberal, not just in the u.s. but in this country 85% of journalists are registered democrats. so that's just a fact, right? no one is registering democrats when they're rarely a republican. the facts are on the what you
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just stated. most journalists are left, liberal or democrat. >> sandra: she said most media is liberal when it comes to the coverage of president trump calling it a distortion of real life. let's bring in doug schoen, former advisor to bill clinton. marc lotter for the 2020 trump campaign and ann gearan a reporter for the "washington post". marc, is that the case? >> i don't have a reason to doubt it. i started my career out of college as a journalist. spent 13 years. while everyone has their rights to their own opinions you have to check those at the door and do the job. what we've seen time and time again is right now people aren't as it comes to president trump. >> sandra: safe to say most journalists are left, liberal or democrat? she fears she is committing professional suicide by making a comment like that. >> i think she is telling the truth. i don't think there is anything wrong with journalists having a
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view. it is an over representation of democrats but i have an even larger concern, which is that reporters who see their job as being adversarial quite apart from their worldview. i'm a democrat. i disagree with donald trump but i don't believe my job on air is to bring donald trump down or to try to always attack the president. but i really think -- a number of journalists go to work each day, i'm curious what ann thinks. they have a goal -- spoke to a couple over the weekend. former times reporters. they said their goal and their belief was that getting trump was the only important thing for journalists to do now. >> i'm just saying that every candidate and every president i have covered of all parties has thought the media was unfair to them. fact checking and asking hard questions are our jobs. no one likes being on the receiving end of that. and that's -- we are going to
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go to work every day and do that no matter who is president, no matter who is running against that president. we ask the same sets of questions with the same expectations of getting answers. >> i'm not 100% that's always accurate. barack obama called a humanitarian crisis at our southern border and it was covered like that. president trump says that and it is setting the world on fire. two different standards for two presidents who said the exact same thing. >> bill: you have another one, doug. another candidate wants to be in the white house from the u.s. senate. here is the declared candidate so far, the democratic side. how many are there? >> i think there are 10 officially. but two others who have already set up exploratory committees. it's 11 there. here is bernie sanders earlier today. sound bite number three now calling out howard schultz to
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what would be considered a moderate, centrist democrat at the moments. bernie sanders doesn't hide behind the socialist label. >> he said i'm a billaire and let me make enough money. he is a famous guy. that's a problem with our political system. >> let's frame where we think this field is. i think it's similar to where it was two years ago. you had the establishment who supported hillary clinton but all the progressives during the primary campaign went with bernie sanders. she beats him by a nose. what is different two years later? wouldn't the establishment want somebody like joe biden? >> the energy in the democratic party has moved further to the left. there are more candidates competing for the sanders constituency from 2016. and with joe biden not having declared, we really don't have
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a strong, vigorous voice for the center of the type that hillary clinton did represent. whatever else her flaws were in that election. so i think you have a more activated party and as you can see from bernie's interview, attack billionaires no matter what's going on. >> sandra: the trump campaign, marc lotter when we introduced you strategic communication director for the 2020 trump campaign. bernie sanders won the debate in the democratic primary because every candidate is embracing his brand of socialism. the american people reject the codling dictators like those in -- >> what we see is that rapid sprint to the left. one of the things that is not getting a lot of coverage. california moving up its primary into march of next year
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and so many delegates available. watch how they run as far and fast to claim those delegates. you have to go to the fringe extreme to get them and shift the entire primary process very far to the left. >> bill: interesting point. how do you see it, ann? >> clearly bernie sanders is in a very different position than two years ago to your point at the outset. he had the benefit of being the insurgent and being able to soak up every bit of democratic dissatisfaction with hillary clinton from the left including from a lot of people who would never describe themselves as democratic socialists. he no longer has that pride of place. many of the things he ran on medicare for all, free college, that sort of thing have been endorsed by something like half of the current or expected field. i expect more people to actually go to that side of the democratic agenda. so he is not as different as he was. and he has the huge
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disadvantage, too, of not running against hillary clinton. >> bill: peter doocy with kamala harris yesterday. the question that everyone will be asked during that primary season. >> bernie sanders describes himself as a democratic socialist. to compete in new hampshire do you have to morales toward the democratic social lift part of the party? >> the people of new hampshire will tell me. but i am not a democratic socialist. >> sandra: to be clear. >> bill: in the moment we have left you lost a dear friend over the weekend. do you think he set up modern day polling? >> and political consulting. he played an important role in electing jimmy carter and donald trump. i'm in the odd position of regarding him as a friend, peer and actually going way back, bill, a mentor as well. so it's a tragedy what happened
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but he literally is a giant of our industry and i would say of our country. >> sandra: love to watch you two talk through the issues. >> bill: loved talking to him in the hallway, so full of knowledge. congratulations, marc on the new gig. elizabeth warren proposing an expensive plan to fund universal childcare. charles payne will break out the numbers and break them down coming up in a moment. >> when people say it will be really expensive. it is. this will be four times more than we had invested in our children but that's exactly what we need to do. one of the benefits we as a country
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give our veterans is eligibility for a va loan for up to 100% of your home's value. thank you, admiral. so if you need money for your family, call newday usa. go to newdayusa.com or call 1-855-newdayusa need cash? at newday, veteran homeowners can get 54,000 dollars or more to consolidate high rate credit card debt and lower their payments by 600 dollars every month. go to newdayusa.com or call 1-855-newdayusa >> bill: an update on the roger stone matter. the judge ordered stone to appear in thursday, two days from now. stone posted an inextra gram post yesterday. it's controversial. the judge wants him to come in
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court and explain why conditions of his release should not be changed in light of the post that featured the judge overseeing the state. he called it a show trial and issued an apology to the court. the hearing is 2:30 thursday afternoon. want to pass along that to you just breaking out of washington >> sandra: presidential hopeful senator elizabeth warren proposing a plan to fund universal childcare. it comes with a $70 billion per year price tag. let's bring in charles payne. host of making money with charles payne. more ideas being thrown out there that will cost a lot of money. >> they'll all cost a lot of money. they are still working on some details but this is just early reports. apparently the goal is to keep any family from not having to spend more than 7% of their household income on child expenses. it is one of those things whenever you start to bring up
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children and trying to get ahead and positioning them because we always talk about opportunities as opposed to dictating outcomes. it gets back to well, where do all children in america get a chance to start? it's another one of these very expensive deals. we'll wait to see what the details are. there are some issues, though. if you have five kids is it still 7% versus the person with one kid? the person with one kid making more subsidize you? it can get very murky and there are some issues that go beyond the idea we all want to see all american children get off to a fair and strong start in life. >> sandra: it's how do you pay for it? >> ultimately. with some of these plans coming out i hate to say it $70 billion. that's the cheaper one. not universal basic income which is almost $4 trillion a year. >> sandra: the green new deal that's the big question. senator cory booker is defending that and talking
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about how all those on the right are saying this is a lot of money. watch. >> this is a lie that's going on right now. the guy who is a former mayor you can revive your economy and create a bold green future. we retrofitted our buildings. saved taxpayers money, made johns for our community. a lie that being green and responsible with the environment means you have to hurt the economy, a lie. >> he was reacting about new york city housing retrofitting the light bulbs almost $2,000 per apartment. i'm not sure i would put up newark, new jersey as an example of a major metro poll tin see. he was the former mayor of new
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arc. they -- this stuff is not cheap. here is my problem with all the democrats so far. they all are telling us what their plans are to redistribute wealth. not a single one have told us how they would generate wealth. how they would actual generate prosperity in the most prosperous country in the world. how to divide it up but not how we grow it. that's what i would like to hear. >> bill: stunning remarks on north carolina's election director claiming there was ballot manipulation in an effort to sway a congressional race there. more on that testimony inside a court coming up. insurance so i only pay for what i need. oh no, no, no, no, no, no, no... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪
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the political operative hired by the campaign of mark harris was responsible for an operation that inappropriately harvested ballots from voters in two rural counties. take a listen. >> that he paid cash to collect absentee requests, to collect absentee ballots and falsify absentee ballot witness certifications. >> he was called to testify but his attorney refused to put him on the stand after they would not grant him immunity. the stepdaughter testified that candidate harris was completely unaware of the alleged ballot scheme. >> as stated earlier, dr. harris has done nothing wrong in this situation. he is a good man. >> harris leads democrat dan
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mccready. state republicans argue there weren't enough ballot in question to change the outcome of the election. supporters of mccready are calling for the board to ask for a new election. >> sandra: 16 states teaming up to sue president trump over his national emergency declaration. he says his administration is ready for the fight. a live report from the white house top of the hour. led by a former dire ctor of the united states mint. and as one of the largest us gold coin distributors in the country, us money reserve has proudly served hundreds of thousands of clients worldwide. there may have never been a better time to start diversifying your assets with physical gold and silver. and right now, it's easy to get started. just pick up the phone and call toll free to request the complete guide to buying gold with hundreds of pages of important information. don't put it off another day. call now. - of all my years involvement with buying gold,
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>> sandra: fox news alert on the president blasting a challenge to his national emergency declaration. after 16 states now have filed suit in federal court. welcome back to "america's newsroom." i'm sandra smith. >> bill: i'm bill hemmer. third hour starts now. the ag in california leading the charge saying 15 others joining him trying to stop president trump from violating the constitution insisting the president cannot divert money appropriated for other purposes to build more border wall. he says congress has the power of the purse. here is senator rob portman from -- >> under the national emergency act. i do support the president on securing the southern border. people in ohio care a lot about the drug issue right now because opioids are have devastated our state. 90% of the heroin is coming across the southern border. >> bill: john roberts picks it up from the north lawn. >> good morning. it was public citizen a local
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group in washington, d.c. that filed the first suit yesterday against the president's declaration filed in district court here in washington, d.c. but now as you mentioned california leading a total of 16 states launching a state-level challenge to the president's emergency declaration. the attorney general of california talking about why he is doing it. >> in every respect the facts prove that donald trump is acting outside the law in declaring an emergency but also acting outside the law in trying to raid pots of money that have already been allocated by congress. >> the president predicted this would happen when he announced the emergency declaration on friday. today taking aim at california's failed high-speed rail system and criticizing the legal action, he tweeted as i predicted 16 states led mostly by open border democrats and radical left filed a lawsuit in the ninth circuit, california, the state that wasted billions
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of dollars on their out of control fast train without completion seems in charge. the failed project in california where cost overruns are record setting is hundreds of times more expensive than the desperately needed wall. the president expected the emergency declaration to be tied up all the way through to the supreme court. in the meantime he can start building new wall immediately. he does not need an emergency declaration to spend the following money. the 1.37 billion that he got from congress. the 601 million in the treasury forfeiture fund and money that is currently in the department of defense drug interdiction fund. he also does not need an emergency declaration but will take a little longer to reprogram 2.2 billion in the d.o.d. budget from where it is now over to the drug interdiction fund. he may get a challenge from congress on that. the only money that he needs the emergency declaration for
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is the $3.6 billion in the military construction budget. so the president will get a grand total of about 4 1/2 billion without even touching any of the money that would be involved in the emergency declaration. not the 5.7 billion that he wanted from congress, but it is a lot closer than 1.37. congress is also going to try to block this whole thing when they get back from the recess next week. they are going to introduce legislation to try to handcuff the president. >> bill: john roberts running that down from the north lawn. >> sandra: let's bring in hugo gurdon, "the washington examiner" editorial director. good morning. they'll try to stop him since he made this announcement. where does this go? >> well, i think that there is a very clear case that the states run by the democrats will make. that is that donald trump is arrogating the power of the purse to the executive when the constitution puts it in the
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legislature. you know, he has in this declaration probably gone further than in taking power to the presidency than all of the other emergencies and there are 58 of them still running. but i think there is some confusion. it is being said frequently because donald trump said he didn't need the emergency declaration that that strengthens the case against the emergency declaration. i don't think that's true at all. what he has said is that he can take the money without the declaration, but it doesn't mean to say there is no emergency on the southern border and that will be for the courts to decide. >> sandra: meanwhile transitioning to 2020 here as we wait to see what happens next with that, hugo, bernie sanders has thrown his hat into the ring and he is running making that announcement this morning. >> we intend to run a campaign which stands up for working people, whether they're black,
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white, latino, native american, asian american. we're going to run a campaign which tells the people on top that their greed has got to end. they cannot get it all. we're the wealthiest country in the history of the world and we cannot continue to have three people owning more wealth than the bottom half of the american people. >> sandra: that was released on vermont public radio this morning. he is officially in and president trump's reelection campaign responded. bernie sanders already won the debate in the democratic primary because every candidate is embracing his plan of socialism. only the president will keep america free, prosperous and safe. there you have it. the list grows longer. >> the point the trump campaign made and a problem for bernie sanders. back in 2016 he was the clear alternative to hillary clinton.
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but he is himself has acknowledged the entire party has moved in his direction. progressive. other people call it socialist. all of the major candidates now declared candidates have endorsed the green new deal which is clearly about central command and socialism. so he doesn't stand out nearly as much as he did two years ago. i think that rather like elizabeth warren perhaps his day has already come and the party is more likely to choose a younger socialist. >> sandra: they try to differentiate themselves from each other. kamala harris making herself clear what she doesn't want to be called. >> i am not a democratic socialist. i believe that what voters do want is they want to know that whoever is going to lead understands that in america today not everyone has an equal opportunity and access to a path to success and that has been building up over decades and i have to correct course. >> sandra: here we go, hugo. final thoughts.
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>> it made me laugh when i heard her say she wasn't a democratic socialist. she was admitting that she is an undemocratic socialist. she has endorsed the green new deal and very much on the left. she is a strong candidate and the california primary moving up to march gives her a very strong position. >> sandra: hugo gurdon, thank you for coming on the program this morning. >> bill: major developments now. jussie smollett case. his lawyers saying there are no plans for him to do a follow-up interview with chicago police. two brothers were arrested without charges saying smollett hired them to stage the attack. matt finn at the corner where the actor says it happened. >> this morning jussie smollett's crisis manager tells us they don't know if today is the today that jussie will talk to police. he will continue to communicate with detectives and there is a scenario here if jussie stops
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cooperating police could seek a warrant for his arrest. we're also being told if he stops cooperating with police the case could stall. jussie smollett's attorney said anyone claiming he had anything to do with this alleged assault is a liar. in an interview with abc smollett says he feels he was the target of the alleged attack because he strongly criticizes president trump as he referred to as 45. according to cbs the brothers linked this told the police a different story. the death threat letter that he got a week before didn't generate enough attention and that smollett paid him to carry out the assault and gave it a practice run. to set the scene. this is the apartment where smollett was staying. right here is the sidewalk where the two men were walking. some police released the still frame of the surveillance video that helped them track them
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down. above the sidewalk is a camera we believe is the camera that police used to tack down these men. although police won't indicate if that was the exact camera. the police have stopped calling smollett the victim. now they're beginning to refer to him as the person who reported this incident, bill. >> bill: back on the case on the streets of chicago. thank you, matt. >> sandra: now to the fox news alert. president trump with a strong warning for venezuela's disputed leader maduro saying socialism is dying and a new day is coming for latin america. reaction from a member of the house armed services committee, congressman mike walz will join us. >> bill: andrew mccabe says he is willing to testify in front of congress. reaction to that from former congressman jason chaffetz left. >> you can't trust andy mccabe.
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♪ liberty. liberty. liberty. liberty. ♪ >> bill: fox news alert. the long-time trump advisor roger stone ordered to appear in court on thursday after he apologized to the judge that is presiding over his case. he posted a picture on social media slamming the judge shown here with a caption, quote, an obama appointed judge who dismissed benghazi charges
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against hillary. last night he and his lawyer released this statement. please inform the court the photograph and comment today was improper and should not have been posted. i had no intention of the disrespecting the court and apologize to the court for the transgression. stone saying the post was taken incorrectly and wasn't threatening the judge. >> sandra: andrew mccabe facing calls to testify before congress after revealing he opened a counter intelligence investigation into whether president trump had been compromised by russia. >> go back to the investigation of potential collusion between the campaign and russia. through the fall these are topics we have been looking at. during that time the president has been publicly undermining the investigative efforts. talking about it as a witch hunt and as a hoax. it is clear to us he is not happy with what we're doing. >> sandra: let's bring in jason chaffetz, fox news contributor. former congressman.
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what is your takeaway from what you're hearing and what are we learning from him? >> not a lot because i just don't think he can fundamentally be trusted. the inspector general in a 39 page report in february of 2018 highlighted his transgressions, his lack of candor essentially lying, four documented cases of that. it goes to the office of professional responsibility. they do the unprecedented thing and recommended the actual firing of this person for his inappropriate actions at the department of justice. so i don't trust him in what he is saying whatsoever. i do think he should come before congress. it is up to lindsey graham to do that but he is a very discredited witness. >> sandra: lindsey graham saying we will have a hearing to find out who who is telling the truth. >> it should have happened particulars months ago. between trey gowdy and john ratcliffe that with the lack of leadership on the republican side of the aisle in the house,
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you know, jordan, meadows, gowdy, ratcliffe wanted to see this guy and see rod rosenstein, by the way. but leadership wouldn't back them up. consequently they never saw them. i think lindsey graham has the political guts to do it and i think it will happen. >> sandra: more from andrew mccabe on the reasons for opening the counter intelligence investigation into donald trump. >> we had a number of very concerning things that we were considering at the time. one of them was the fact that the president in our view had gone to extreme measures to potentially impact, negatively impact and possibly turn off our investigation of russian meddling into the election and russian coordination with his campaign. >> sandra: he has shut down all the talk that he decided to go at this himself. this is his team, the recommendation of his team. they discussed this with lawyers. you are having a reaction to that, jason. >> no, look, the proof is in
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the pudding. the president didn't actually do that. he says he was under a lot of pressure but there is still no evidence and nothing was mentioned in these television interviews of any underlying pre-cursor to justify what they were doing. he fails to mention for does he get asked about the influence of the democratic national committee that millions of dollars that they spent to generate this document in order to disparage the president during a presidential campaign. he fails to even get asked questions about the hundreds of thousand of dollars that hillary clinton raised that ultimately went into his wife's political campaign. there are a lot of questions that this guy was not asked in these interviews that i'm sure lindsey graham will ask. >> sandra: finally i have to ask about the whole process by which he said to congressional leaders and told them about the investigation and went on the record as saying that no one in the gang of eight objected to this counter intelligence investigation of donald trump. he said i told congress what we
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had done. no one objected. his words. >> yeah, i think that's something that lindsey graham specifically should be asking him about. i also think that lindsey graham and the prosecutors within the department of justice should be challenging mr. mccabe. what he did on "60 minutes" is he shared information that is classified. he should be prosecuted for that. you can't just go into the meeting, tell the world what the f.b.i. was informing the president, the discussions that were in a classified setting. you can't do that even if it's second hand knowledge. you have to be prosecuted for that. we have this same problem time and time again. inappropriately sharing inconfidential information. >> sandra: thank you. >> bill: there has been another bizarre twist in the jussie smollett matter. what his lawyers are saying about a follow-up interview with chicago police and the
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impact on the investigation that may have on the case coming up. >> sandra: a massive gun heist after dozens of pistols and rifles were stolen from a hardware store. now the atf is joining the hunt to find those suspects. not just 80 percent like other loans. and that can mean a lot more money for you and your family. with our military service, veterans like us have earned a valuable va benefit. the right to apply for a va home loan. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank, and lower your payments over 600 dollars a month. newday usa has been granted automatic authority by the va. they could close your loan in as little as 30 days. so call newday usa. they look at your whole financial picture, not just your credit score. and they'll do everything they possibly can to get you approved. call today. and get the financial peace of mind
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internet that puts you in charge. that protects what's important. it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. >> sandra: atf joining in the -- they stole pistols, revolvers and rifles. they returned two hours later but this time tripped the alarm and took off. now $5,000 is being offered for any information leading to their arrest. >> bill: new questions about the jussie smollett case, the actor's lawyer saying he does not plan to talk to the police.
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my next guest has been watching the story from the beginning. don babwin is a reporter with the associated press. how are you doing and good morning to you today. what is the next page in this story would you say, don? >> i think it all depends if and when smollett comes in to talk. the police want to talk to him again after interrogating the two brothers and serving a search warrant at their house or apartment. and now something happened or they've developed some information that they need -- they feel like they need to talk to mr. smollett again. >> bill: the men who were questioned had come back from nigeria. they were questioned and they were cooperative witnesses based on the reporting and that stood up so far. a suggestion over the weekend they produced a receipt from ace hardware that shows how
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they got the rope for the noose. is that is fact or can we say that, don? >> no, the police -- i don't know that for a fact. what we do know for a fact is these two men were picked up at the airport, they were characterized as persons of interest. then something happened where that changed to suspects and then friday i guess it was they were released and the police said they were no longer suspects. so something happened either in that interview or that search or both that the police even said that has led them in another direction or they are looking at something else. >> bill: if he does not concede to an interview with police, what would then happen? would you get some sort of grand jury indictment perhaps if it were to go that way? >> yeah, there has been unconfirmed reports about that. we haven't confirmed that. nobody really quite knows how the police will respond to him
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not coming in to talk again. and i don't know that he has said -- his people have said he will not talk. so it's all kind of in his court right now whether he wants to come in or will announce he is not coming in. then the police have a decision to make on what they'll do next. >> bill: we're watching a timeline here. february 18th the brothers spoke publicly and said they aren't anti-trump and they consider themselves americans. been here a long time, etc. how are locals reacting to the story? what do they think about what's going on? >> i think people are confused about it. i think most of the city was saddened that something like this could happen in chicago and downtown. and maybe they didn't want to believe it happened. and then since then there has
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been various questions. the police made it clear that they wanted mr. smollett's phone records and he was refusing to give them. then he gave them what they said -- i don't know if they said it wasn't enough, they might ask for more. so i think now people don't -- maybe don't want to believe it happened. but i'm not sure of that. >> bill: let's see what happens next with the police. thank you, don, nice to talk with you, thank you for your time. >> sandra: four years after she left for syria to join isis an alabama woman pleading with authorities to let her come back home. >> i thought i was doing things correctly for the sake of it. when i came here and saw everything with my own eyes i realized i made a big mistake and i know -- >> sandra: why that woman there is now asking for a second
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chance. >> bill: it's been a rough roll-out for the green new deal. the proposal as sky high price tag sparks a debate. >> sandra: president trump urging venezuela's military to abandon the maduro regime saying a new day is coming for latin american. mike waltz will be here to weigh in live next. >> president trump: he would rather see his people starve than give them aid.
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a cfp professional is trained, knowledgeable, and committed to financial planning in your best interest. find your certified financial planner™ professional at letsmakeaplan.org. we know that when you're spending time with the grandkids find your certified financial planner™ professional every minute counts. and you don't have time for a cracked windshield. that's why we show you exactly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ >> bill: half past the hour now. 11:30. an alabama woman who left home to join isis now wants to come home. she has married three isis fighters in syria and has an 18 month old son and speaking for the first time to the guardian newspapers saying she quickly realized the mistake she made and tried desperately to escape. >> i have been planning to get
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out for months. i got caught twice by isis and was so scared i broke my phone. from what i heard if they were to read my messages i would have been killed. >> bill: she could face major jail time after repeatedly calling on muslims to do terror attacks. >> sandra: the green new deal is putting supporters on the defensive. the non-binding resolution is labeled aspirational. doug mcelway has more this morning. >> the roll-out of the green new deal on february 7th was a lesson in how not to launch the most ambitious transformation of the u.s. economy in history. the problem centered around an faq segment posted own alexandria ocasio-cortez website. not sure we will be able to get rid of farting cows and airplanes and promised economic
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security for all unable or unwilling to work. well, a torrent of ridicule followed. >> if the green new deal took hold i think our grid would stop. >> president trump: it sounds like a high school term paper that got a low mark. >> within hours ocasio-cortez's office deleted the faq from her website and then the following saturday her chief of staff tweeted it was aner ant faq posted by mistake. the night before another advisor to ocasio-cortez offered a different explanation. >> no, no, she has tweeted it out to laugh at it. it seems some republicans have put it out there. >> professor robert hock et was referring to a parody of the faq tweeted by a right wing commentator by mark dyes.
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he had a call for american men to recycle their urine. the real document served as a parity in and of itself. mitch mcconnell who doesn't like show votes announced a show vote to embarrass democrats. >> seeing it as an aspiration to do better than we're doing now. >> aspiration, aspirational is how many are terming it. this week on special report we'll break down details of the green new deal. we'll look at wind and solar contrasted to germany when it works great when the wind blows and the sun shines. >> sandra: thank you, doug mcelway. >> president trump: we're here to proclaim a new day is coming in latin america.
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it is coming. >> bill: president trump sounding off in venezuela during his speech in miami condemning socialism and calling for a peaceful transfer of power and urging the military to back juan guaido. welcome back to our program here. pretty strong argument yesterday. what do you think is the next piece of this story in venezuela? how do you get maduro out? so far he has been resistant, michael. >> i commend the president for a very strong speech. he is going after the asset of the military leaders that have sided with maduro. these are assets they've stolen from the venezuela people and hidden offshore. hit them in their pocketbook. number two he rightly called out cuba's role. cuban intelligence is propping up the maduro regime. they get -- the cuban regime
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survives off venezuelan oil. they could be in trouble in maduro falls. he called out socialism more broadly. it often starts with a lot of happy talk. we see that here in the united states. and our political system of taking care of everyone but the end of the day in order to give so many free things to so many people you have to take from someone else and the ruling class ends up deciding winners and losers from healthcare to education to energy to across our entire economy. and pointing that out and the failures of socialism is going to have a big play heading into 2020 as so many democrats point to that as the way forward. let's look at venezuela, cuba, nicaragua, and so many other places where that's failed. >> bill: you mentioned cuba a couple of times. the trump sound bite from yesterday. roll this when he mentioned that. >> president trump: maduro is not a venezuelan patriot, he is
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a cuban puppet. that's what he is. we seek a peaceful transition of power but all options are open. if you choose to path, you will find no safe harbor, no easy exit, and no way out. you will lose everything. >> bill: let's see where it goes. two other stories i want to hit on quickly. a little-known story, we're holding 150 french citizens in syria who joined the fight on behalf of isis, described of at least 50 adults with 150 total. we are urging the french government to take these people back and the french government is saying we'll look at it on a case-by-case basis. this is pretty sticky. what's the resolution here? >> well, it's a huge problem.
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overall syrian democratic forces, our allies on the ground in syria are holding hundreds of isis fighters. one of the issues we have to solve before any type of american pull-out. at the end of the day our allies absolutely need to share the burden from reconstruction to taking control of these prisoners. there have been attacks all over europe. they have a real stake in fixing the problems in syria. but america has to lead and only american military can really lead on these problems. i'm not talking hundreds of thousands of troops. i'm talking a small footprint until the problems are resolved. isis can come back and they will come back and if we have to fight our way back in there to handle these problems, it will be much more costly than maintaining a presence, a small presence going forward. >> bill: there are hundreds of isis militants in custody and we'll see what comes of them. what about this american woman.
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she gave birth. 18-month-old son. she wants to come home. we mentioned the story a moment ago. she gave an interview. what comes of her? >> i think there needs to be consequences. look, you go over there to join even if you are providing just support, a terrorist organization that is massacring civilians, that is launching attacks all over europe and inspiring attacks in the united states. one way or another directly or indirectly you have blood on your hands. there needs to be real consequences for anybody who supports a terrorist organization overseas. >> bill: would you take her home, what happens? a trial? >> yeah, there needs to be a trial. there needs to be justice and i think there needs to be consequences if she comes back here. she needs to be entered into the american judicial system for material support to a terrorist organization. and i hope that's what we see play out. >> bill: congressman, thank you. michael waltz in florida out of
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orlando. thank you. >> sandra: a search is currently underway in australia. >> we're unsure the whereabouts of these two males. we aren't sure what has happened to them and we're concerned. >> sandra: for two young tourists missing on a backpacking trip. the leads investigators are following. do prosecutors have enough evidence to try kelsey berreth's fiance for her murder? we're following developments in a colorado courtroom on that story next. so in this commercial we see two travelers at a comfort inn with a glow around them, so people watching will be like, "wow, maybe i'll glow too if i book direct at choicehotels.com". who glows? just say, badda book. badda boom. nobody glows. he gets it. always the lowest price, guaranteed. book now at choicehotels.com
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veteran homeowners fantawho need cash. with home values rising all across the country, now's the time to use your valuable va home loan benefit. newday usa can help you refinance and get 54,000 dollars or more and lower your payments by 600 dollars a month. and since they've been granted automatic authority by the va, newday can say yes when banks say no. so if you're a veteran homeowner who needs cash, now's the time to call newday usa. go to newdayusa.com or call 1-855-newdayusa >> bill: police in australia searching for two missing tourists from great britain and france. they disappeared while backpacking across the country. they are belongings were found on a beach north of sydney including inside a rental car. material in there, too. >> the 20-year-old british national and the 21-year-old french national here on shelly
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beach. sunglasses and car keys. we can't locate those persons. we're continuing both in the water and also on land. >> bill: the 20-year-old from the u.k. 21-year-old from france. haven't been seen since sunday. >> sandra: breaking this hour patrick frazee due in a colorado courtroom today for a hearing to determine whether there is enough evidence to try him for the murder of his fiance, kelsey berreth. she was last seen thanksgiving day. police haven't found her body. andrew cherkasky is a criminal defense attorney and former u.s. air force jag officer. welcome to the program. what can you tell us about this case, what we know, what we don't? we covered this story daily as the last sighting of her was as she walked into that supermarket and surveillance video showed her walking in but never showed her walking out. what do they think happened to
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her? >> i think this morning we'll find out that there are three strikes they've already got against patrick frazee. they've got some motive. they were engaged and there is claims that there was a debate about custody. they have him at the crime scene it sounds like. it happened at her home. that's something that the prosecutors are anticipated to lay out today. and third they now have an accomplice. somebody who after the fact was helping get rid of kelsey berreth's cell phone and pled guilty to obstruction of justice type of charges. they've got quite a mountain of evidence already against him and we'll hear more today. >> sandra: that's crystal kenny will testify at the preliminary hearing. she is the 32-year-old idaho nurse. she pled guilty to one count of tampering with physical evidence about which you're talking in regard to berreth's disappearance and she said she will testify against frazee. >> about a week ago she cut a
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deal and pled guilty to what is easily referred to as obstruction of justice. after the fact she participated in hiding or getting rid of the cell phone of ms. berreth. the idea that somebody is helping afterwards and then also giving information about what happened during the alleged murder. she cut that deal to cooperate and participate fully going forward. she is not going to be sentenced until they fully vet her and get all the information they can from her. >> sandra: investigators don't believe she is alive. >> there is something in the home that tells them that she was murdered in that location. any case where you're dealing with an alleged murder without a body is difficult. you have questions of is the person really dead and who did it? prosecutors today are expected to lay out to the judge who -- judges in these preliminary hearings want to know why the prosecution believes to the
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extent they do that the person is deceased. that will come out today. >> sandra: they have not found her body. how difficult does that make this case for the prosecution? >> well, any time you have a case without a body it is more difficult because number one, the defense is always going to go to the idea is she even dead? the second is going to be if she is not dead or if she is dead, then what evidence do you have it was the person sitting in the defendant's chair? it does make it more difficult but where you have motive, where you have evidence that it happened at a certain location that the defendant has access to, those cases aren't that difficult to prove as long as you have kind of that forensic evidence that gives you that. >> sandra: i have new information coming in right now as we mentioned that we could be getting it at this hour. three new charges have been filed against patrick frazee. kelly berreth's fiance pictured there. tampering with deceased human body, class 3 felony. violent crime, cause of death.
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i'm just reading in straight from the courtroom this morning. violent crime, used weapon. sentence enhancement. i'm reading it to you as i'm reading it so you can respond and tell us what you can take away from that, andrew. >> well, they are clearly getting more information about the degree and extent of mr. frazee's involvement in this. the idea that it wasn't just an accidental death. the fact that it seems to be some sort of more aggravated cause of death. some sort of weapon. we don't know at this point whether that's through actual forensic evidence that they're coming up with that or if that is statements being made by crystal kenny because she is cooperating. >> sandra: reading through was actually present. he walked into the courtroom. mr. frazee, wearing a green and white jumpsuit with a bullet proof vest. he was shackled at the wrist. they did that so he could take notes during the hearing. we continue to learn more. his mother, cheryl, is also in the room.
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the judge has always ordered sequestration for witnesses and they have to remain outside of the courtroom until they're called inside. a few seconds left for your thoughts before we let you go. >> that's very normal. these preliminary hearings are often the first time that we see the full exposition of facts. today is going to be a day that we really start to understand what happened and what the prosecutors have. >> sandra: last time she was seen was thanksgiving day. we'll continue to follow this story. he said he heard from her then. we'll learn a lot more in the coming minutes and hours. thank you very much, andrew. >> thank you. >> bill: "outnumbered" follows us. a quick preview. >> bernie sanders announces his 2020 race to transform america. will voters embrace his vision and with the democratic party leaning more and more to the far left will a moderate emerge to seek out the roomy middle
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ground? >> plus the media's role in the jussie smollett case. new analysis of how critics targeted skeptics and what it all means for discourse over these very sensitive and certainly complicated topics. >> all that and #oneluckyguy "outnumbered" top of the hour, bill. >> bill: we'll see you then coming up. u.s. marines adopting state-of-the-art technology. how they built a bridge out of concrete using a 3d printer. don't miss this. when heartburn hits, fight back fast with tums smoothies. it neutralizes stomach acid at the source. ♪tum tum tum tum smoothies. also available tums sugar-free.
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the latest inisn't just a store.ty it's a save more with a new kind of wireless network store. it's a look what your wifi can do now store. a get your questions answered by awesome experts store. it's a now there's one store that connects your life like never before store. the xfinity store is here. and it's simple, easy, awesome.
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[ ding ] show me just add magic. hey toothless. [ ding ] [ gurgling ] [ ding ] show me cartoons on netflix. [ ding ] [ cooing ] [ door closes ] [ cooing ] ♪ [ ding ] show me fish on youtube. say it and see it with the x1voice remote. from netflix, prime video,youtube and even movie tickets. just say get "dragon tickets". >> bill: fascinating story about the future that is today. marines from the first logistic group out of california bringing innovation after they successfully produced a 3d
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printer and a concrete bridge on site. captain matthew friedell. you did it at the location where you wanted to establish the bridge. how does it work? >> that's right. a lot of 3d printing of concrete is done in factories and offsite and trucked on. a hot glue gun that spits out concrete in layers and processes. it takes time and we can make big things with it. >> bill: how much time does it take? >> it took us 14 hours to 3d print this bridge. 40 hours to 3d print a building in 2018. we threw this technology to marines and see what they would do with it. 18 and 19-year-old marines took it to well and told us what they wanted to print and used it to a degree that will change warfare in the future. >> bill: how strong is it?
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what could you take over it? >> we engineered it to take 15,000 pounds and wide enough to walk across. we wouldn't have marines driving over it before we test it. in march we'll load testing it and testing it the failure. we'll sensor it, pile up dirt and break it to see how strong these things are. >> bill: it's a software system. it tells the glue gun what to do i would imagine, right? >> that's it. this is a really big commercial grade 3d printer and little computer tells the printer what to do and out pops the building, bridge or engineering obstacles. not just the military. several companies across the u.s. applying it to the residential housing market, relatively exciting to lower the cost and make it faster to print houses. >> bill: the possibilities are endless. how does it change warfare, sir? >> flexibility. whenever we go to war we know
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what we need to bring with. we bring it with in a box. if we didn't bring something that we absolutely need added the manufacturing of 3d printing we can make it on site. if we need a screwdriver we can't use the wrench with a screwdriver. with the technology we can print a wrench, building or strike fighter back in august of last year we did that. it's really leveraging the recruit pool coming in with such higher and higher technical prowess in the marines. >> bill: it is perfect for the marines. you specialize in being mobile. that's what you always brag about all the time. there would be a crossover into private industry i imagine. >> very much parallel. we're partnered with several very large groups and small businesses in the states just to stay abreast of what's going on. this will be an aspect going into the fight forward. the marine corp is attacking the beach head with fervor,
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speed and technology is another beach head we're ready to attack. >> i like your enthusiasm. >> i'm super excited about it. thank you, bill, have a good day. >> sandra: senator bernie sanders jumping into the 2020 race vowing to finish what he started in 2016. what will he change this time around? your insurance rates skyrocket after a scratch so small
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>> kids: ♪ safelite repair, safelite replace ♪ >> sandra: the first lady among those mourning the death of paris designer carl lagerfeld, tweeting today, "the world lasted creative genius. we will miss you." the message coming along a sketch of mrs. trump and his clothes. lagerfeld dominated the fashion industry for half a century. there was lots of mystery surrounding the german-born designer, even his real age was a secret at one point. lagerfeld's former muse, model claudia schiffer, cult of the andy warhol if the fashion world. singh is the only designers to make it black and white colorfu.
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he was 85 years old. we say goodbye to an icon. >> bill: no doubt. >> sandra: he was really something buried there was a heck of a show. we will see you back here tomorrow morning. thank you for joining us. "outnumbered" starts now. >> melissa: fox news alert, new reaction is one of the most influence of voices in the country comes into the race for president in 2020. vermont senator bernie sanders announcing today that he will be launching a second white house bid with plans to "transform the country." this is "outnumbered" and i'm melissa francis. here today, fox business network anchor dagen mcdowell. fox business contributor, lisa boothe. fox business contributor, emily compagno. and jon summers, form recommendations director for former senate majority leader harry reid. what a good day to have you here! >> jon: thanks, good to be here again. >> melissa: think of for joining us. you usually wear brighter socks. those are fabulous. >> jon: i'm so sorry to

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