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tv   The Journal Editorial Report  FOX News  September 1, 2019 12:00pm-1:00pm PDT

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and that's it for today. have a great week, and we'll see you next "fox news sunday." ♪ ♪ kristin: and there is breaking news out f texas. officials there giving an update a short time ago on a deadly shooting rampage that left at least seven people dead. we're now learning that the victims of these shootings range from age from 15 to 57 years old. 22 others were injured including police officers. and this all started with a traffic stop in midland and ended when police killed the suspect in odessa, about 20 miles away. officials saying a short time ago they're now confident he acted a alone. here's president trump reacting this morning. >> they've been incredible. first responders, law enforcement, the police, the fbi, governor abbott, incredible
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job they did. it's tragic. but they did an incredible job. laura: we now go to alicia acuna live in odessa, texas, with more on this. >> reporter: hi, laura. and in that news conference that wrapped up in the last hour, to december saw police chief said they still have no definitive reason or motive at this point, and they also confirmed that they have identified the suspects. >> you'll notice that i'm not naming the suspect, and there's a reason for that. i refuse to. i'm not going to give him any notoriety for what he did. we'll provide that information to you but not in this public space. >> reporter: the white man in his 30s, police say, was pulled over by a state trooper in midland for not using a turn signal. but before the driver stopped, he started shooting at them, then headed west to december saw
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where the shooting continued. along the way, he car jacked a mail truck before it came to an end at a movie theater where the suspect rammed police vehicles before cops killed him. 7 people were killed, 22 injured including 3 members of law enforcement from three separate jurisdictions. among the survivors, a 17-month-old little girl shot around her face. texas governor greg abbott realize a text today that he received from her mother. >> toddlers are funny because they can get shot but still want to run around and play. she says that we are thank god for that. her mouth is pretty bad but will heal and can be fixed. >> reporter: and that little girl is awaiting surgery to have shrapnel removed from her chest and her mouth and, laura, a vigil is being held this evening for the victims. laura: incredible story that continues to develop. thank you so much, alicia acuna,
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in texas. and hurricane dorian, following this one too, making landfall in the bahamas. the national hurricane center describing it as catastrophic category five storm now with winds topping 220 miles an hour. we have fox team coverage on this. jeff paul standing by in cocoa beach, florida. but first we go to chief meteorologist rick reichmuth x he's in the weather center. >> reporter: yeah, 220 mile-an-hour winds, that's wind gusts. we've got sustained winds at 185 miles an hour from this storm. and one thing to notice as of the last advisory that happened at 2:00, an intermediate advisory, the pressure was at 911 millibars. that tells us the storm continues to strengthen. we're not seeing it weaken at all. and this interacting here now over the abaco islands, making kind of a direct landfall on marsh harbour. now it's moving back past that, and the back side of the eye
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wall is there. a little bit of a northwesterly jog, is that maybe that influence where it starts to move a little bit towards the northwest? hard to say, maybe just a bit of a wobble which you see these storms do. we know it's going to pull towards the northwest, and we are forecasting that it will make this jog off towards the northwest and a little more towards the north eventually, big impacts of where that happens. the center of the eye wall is about 160 miles to the east there around west palm beach. however, the hurricane force winds extend out around 45 miles. so not that far, but if the storm continues to get here, we're going to see probably likely around that distance from the shore if it doesn't go farther towards the west, and that's why i think we're going to have hurricane conditions right along the coast. we're probably talking friday or somewhere up towards the outer banks. so we're going to be talking about dorian for a long time. laura: all right. we'll check back in next hour. meanwhile, mandatory evacuations
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have been ordered in parts of florida's east coast. officials there urging everyone in the path of hurricane dorian to keep their guard up and prepare for the possibility of a powerful storm making landfall. jeff paul is live in cocoa beach, florida, with more on that part of the story. hi, jeff. >> reporter: yeah, laura, it's still very sunny and beautiful out here, but you can probably tell the wind has definitely picked up, and because of that you're not seeing as many people out here on the beach. but there still are those diehards out here, but they are pulling out their surfboards and boogie boards, taking advantage of the higher than normal surf. further over you can see some of these people are kite surfing. it's not normally this windy out here. and a little further down, that's what emergency officials are hoping people pay attention to, those are the double red flags. that was not like that yesterday, that means they don't want anybody in the water. now, throughout the town today and when we were driving around, you could definitely tell there were fewer people out and about.
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we went into one of the local grocery stores, they had plenty of supplies, but the talk among everybody who was in there was are you going to ride this thing out, are you going to leave. and just judging by the traffic and the amount of people who were in the store, it definitely seems like people are starting to make those plans to get off the barrier islands here where we are, cocoa beach. and because of that, law enforcement now sending out a warning. if anyone wants to think about looting, take a listen to what this law enforcement official had to say. >> if you want to be a knucklehead and go out there and commit a burglary, you know, you want to liberate your neighbors of their flat screen tv because they evacuated, if you want to burglarize a gun shop or a pawnshop, the penalties are enhanced. they are a felony of the first degree, and i am personally going to make sure that when you get arrested, that you spend time in a state prison. >> reporter: mandatory evacuations for where we are here in cocoa beach in brevard
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county starts tomorrow morning. laura? laura: all right. thank you so much. we'll be back here at 4 p.m. eastern for our continuing coverage of these two big stories. see you soon. [ music: "i am" by club yoko plays ] ♪ boom goes the dynamite, ♪ feels like i'm taking flight. ♪ [sfx: poof] [sfx: squeaking eraser sound effect.] ♪ i am who i wanna be ♪ who i wanna be ♪ who i wanna be. ♪ i'm a strong individual ♪ feeling that power ♪ i'm so original, ♪ ya sing it louder. ♪ i am, oooh oooh oooh oooh ♪ ehhh ehhh ehhh ehhh
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paul: despite a recent poll showing joe biden's support falling somewhat, the former vice president still appears to be leading the democratic pack with the real clear politics average putting him almost a dozen points ahead of his closest competitor. and showing him in the strongest position to beat donald trump in the general election. but my next guest says democrats should be weary of the elect electability argument and says joe biden is shaping up to be the mitt romney of the 2020 race. john, welcome and how in the world is joe biden like mitt romney? >> well, look, romney never really quite fit republican
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primary voters that gravitate pretty far to the right but they heard over and over again he's our best chance to beat president obama at the time and that was the biggest goal among republicans. i would argue that probably democrats, many of them, the biggest goal is to beat president trump but joe biden no longer, at least joe biden 2.0 certainly doesn't fit the democrat primary and i think that's becoming increasingly clear. the second problem biden has, though, is he's making a lot of mistakes. and he's looking weak in a lot of the base, low energy. i would argue, the reason they're going up on tv is because they can control that message, film it, put it up there. they know what it's going to look like. even this week, again, the washington post pointed out that biden was caught on the campaign trail taking multiple stories, putting them together and it turned out to be a total fixal x
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fictional account of something that biden remembered. this is starting to make democrats question is he the best opponent to donald trump. paul: he got in in april or something, he's been the frontrunner since april. there have been reports about his gaffes, his slip-ups, his memory mistakes and so on and people, the media have focused on those relentlessly. here biden is and he's at the top of the polls. doesn't that suggest staying power? >> i think that will happen for a little bit. let's look at one other thing. we have new rounds of debates. mostly the centrists are out out because they couldn't get support among the democrat primaries. it's the left-leaning that met all the criteria. at some point, those candidates are also going to be leaving the campaign and those votes are
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going to start going to other left-leaning candidates. so i think biden is pretty stable where he is and he might drop a little bit but at some point there's going to be a biden versus somebody and when that happens, i think the somebody's in a better position than biden in a democrat primary. paul: from 2012, it was ultimately romney versus santorum and romney won. the biden in that race won. he lost the general election but he won the primary. why couldn't biden do the same thing near. >> there's a little bit of a difference. the wild card is does the left come together and rally behind a single candidate. if you have four or five left candidates and biden is the only one there, it's very possible joe biden will be the nominee. the second big difference is how money is raised. mitt romney had big super pacs, big donors. the other candidates had small
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dollar donors. small dollars has become the most important way to raise money. biden is not a particularly good small dollar donor. elizabeth warren, bernie sanders, they're much better. as time goes on, i think they might have a financial advantage over biden. paul: on the point about electability, though, let me push back again because you have electability in the polling that i've seen, the democratic primary voters say that is their number one concern and, why, because they really, really, really don't like donald trump. so could that issue this time be the dominant issue and even though there's this energy on the left you talk about, maybe work in biden's favor? >> well, it's certainly working in his favor right now. he's a name. he has a known entity. and people think well, i think he could win. but the problem is, he's already starting to move left on some issues, like the hyde amendment, which a lot of pro choice people don't like their tax dollars
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going to pay for abortions. people in rust belt states, for example, blue collar conservatives, who are often democrats who always have liked biden see now that he's shifting to the left. not only is he not looking like as strong candidate when it comes to his own personality, he's starting to feel like in the democrat primary he has to move to the left and the more he moves to the left, it makes it harder for him to be competitive effectively in the general election. paul: if you're sitting in the trump campaign and wondering who you're running against, who would do you really fear? if you don't fear biden, who do you worry about? >> in fairness, what i learned with trump and his campaign, they don't think that way and fear anybody. if i look at the field right now, i think probably the most likely democrat to end up being their candidate is elizabeth warren. but i also think she comes with a whole host of problems. when we get to the general
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election and we're talking about medicare for all, we're talking about green new deal, all these things that are going to cost hard working americans jobs and taxes and take away health care bebenefits they have now, i thik that work's to the president's favor. paul: thanks for coming in. that's going to be fascinating to watch. >> looking forward to it. paul: when we come back, james comey claims vindication after the justice department declines to prosecute the former fbi director for his handling of memos that detailed his conversations with president trump. what the inspector general's report really says, next. i had a few good tricks to help hide my bladder leak pad. like the old "tunic tug". but always discreet is less bulky. and it really protects. 'cause it turns liquid to gel. so i have nothing to hide. always discreet.
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paul: the justice department's inspector general releasing a report this week that says form other fbi director james comey violated fbi policies in his handling of memos documenting private conversations he had with president trump. the doj watchdog says comey broke fbi rules when he gave a memo containing unclassified information to a friend with instructions to share the contents with a reporter. the ig says comey failed to notify the fbi after he had been fired that he had retained some of the memos in a safe at home. the justice department has said it won't prosecute him for the violations and on thursday comey took to twitter to claim vindication saying, quote, doj ig found no evidence that comey or his attorneys released any of the classified information contained in any of the memos to members of the media. i don't need a public apology from those who defamed me but a quick message with a sorry we lied about you would be nice. we're back with kim strassel, jason riley and wall street
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journal editorial board member allysia findley. what do you think about comey's claims of vindication? >> i think he's going to be waiting a long time for an apology from most of america. only jim comey could turn a report that was this devastating into some sort of vindication. i think the ig did two important things here. one, he skewered this absurd claim that comey made that memos he took of official moments with the president were personal and therefore his to keep and leak. obviously, in doing so he did break any number of rules and regulations in his own employment agreement. the other important thing that the ig did was skewer this notion that comey was justified in doing this. pointing out that we have rules for a reason. you do not get to run the fbi on the basis of personal conviction
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and that even jim comey has to be expected to follow all those regulations. paul: kim, he said that the ig's report said the motivation that comey had here was self-serving. he wanted to get donald trump. he wanted to get an appointment of a special counsel. so that was for his own -- and yet comey couched it in a sort of grander vision of oh, i care deeply about the fbi, i care deeply about the country. but he was also -- he was really looking out for number one. >> yeah. and that was the other really great thing to see in this report. it was very well-done in that it's very neutrally written, straightforward, but it simply calls out comey on this fiction, he sort of pedaled to the nation for two years now that hes was operating in everyone's best behalf. he was actually operating to get his own, as the ig pointed out, his own ambitions achieved and
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has also pointing out how much this has hurt and undermines the fbi as well. paul: called it a -- the ig called it a dangerous example for 35,000 other employees. if you can say you're the director, look, i did this because i have a higher duty, boy, and i can break the rules, that's dangerous, this is an enforcement agency with enormous police power. >> now we know where the behavior of people like peter strzok and andrew mccabe, the rock started at the very top under jim comey. i think the vindication here belongs to the president for firing jim comey, clearly the right thing to do. i wish he had done it earlier. you don't want an fbi director with jim comey's situational ethics. who saw his job as to undermine the presidency which is what he was trying to do. i wish we could bill comey for the mueller report. paul: what about the argument from some of the right which is
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saying bill barr blew it because he didn't prosecute comey here, he decided not to prosecute him and, therefore, he abdi kateed and we can't hold comey accountable. do you agree with that? >> i think it's a close call. there isn't any clear evidence that he violated the law. he violated fbi agency rules. i think if he were to prosecute the case, i think that would have probably been more divisive, underminor trust in the fbi and the government. paul: he's lucky he didn't have jim comey as his prosecutor, jim comey. what are we going to do next here? what are we looking for next? from the ig. >> this is definitely a sign that the ig is wrapping things up. i think it was really notable that he took the time to actually issue a report as long as this on just one aspect of comey's behavior. i think that suggests to us that when he does release his report,
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which i'm hearing is going to be in the next couple of weeks, his bigger reports looking at the fbi's broader counter intelligence investigation and the fisa process, that it is going to be very comprehensive and that we can expect that nobody just because they have a title or held an important rank or position is going to be spared from a lot of scrutiny. paul: this will involve looking into the fisa court, the warrants against the trump campaign ad vicar, ca carter pa. tensions in the middle east escalate as the israel, iran shadow war breaks out into the open. -their béarnaise sauce here is the best in town. [ soft piano music playing ] mm, uh, what do you do for fun? -not this. ♪ -oh, what am i into? mostly progressive's name your price tool. helps people find coverage options based on their budget.
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>> continues to pull off towards the west, it's about 160 miles offshore of florida, and it's headed just in that direction. the forecast, if it'll make this right-hand turn, i'll tell you, it's like looking at a train coming straight at you. if you think and believe it's going to make that right-hand turn, i tell you a little bit of of a shift will make big differences. while you see the center of this maybe staying right over the water, don't pay attention to the center. we still have to be watching, we could be dealing with some sort of a landfall still in florida, possible in the georgia area and possible up toward the carolinas later in this week. the storm's going to be with us for a long time and potentially across areas of new england by the later part of next weekend as well. a long duration event. if you're in florida, be watching this very, very
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closely. laura? laura: rick, thanks so much. i'm laura ingle, i'll be back at 4 p.m. eastern for our continuing coverage of the shooting in odessa, texas, and hurricane dorianful we'll see you soon. paul: middle east tensions ratcheting up with israel carrying out a series of strikes against iran's proxies in iraq, syria and lebanon in just one 18-hour period last weekend. an israeli airstrike killed two iranian-trained fighters in syria, a drone set off a blast near a hezbollah office in the suburbs of beirut, and an airstrike near the syrian border in iraq killed a commander of an iran-backed militia. the attacks mark an escalation in the shadow war between iran and israel with israeli prime minister benjamin netanyahu tweeting, quote: iran has no immunity anywhere. our forces operate in every sector against the iranian
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aggression. if someone rises up to kill you, kill him first. jonathan spire is a journalist and middle east analyst. he directs the middle east center for reporting and analysis. welcome, mr. spire. good to have you here. so you wrote this week that the israel/iran war is already underway. what's happening on the ground? >> well, as you were describing a moment ago, what's happening on the ground is an ongoing israeli campaign to attempt to undermine and prevent what i would describe or what is often described as the entrenchment and consolidation by the iranians on a military infrastructure in syria, lebanon and iraq. and in a sense, the attempt by the iranians to consolidate their own de facto control of a kind of contiguous line of territory through iraq, through syria, through lebanon and to israel.
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that's been going on for a while. in syria there's certainly been -- we know of hundreds of israeli operations, it's now clear it's expanded to iraq and to lebanon. paul: so how many times a week are they hitting, are the airstrikes going into iraq? and can that continue? can the israelis keep doing that without some response from iraq? >> right. well, we know so far of four separate incidents, two in july, two in august. the last one august 20th. israel, of course, doesn't claim responsibility for these actions, but it looks pretty likely, you know? israel's the only serious candidate for responsibility. paul: right. >> i would say that iraq itself, the iraqi government is very much divided on this because, of course, israel is not hitting the iraqi security forces. israel is hitting the popular mobilization units, that's shia militia supported by iran inside the country. so i think, you know, the iraqi government will probably
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continue to issue criticism and not do a great deal more. but the issue is will the iranians themselves who, of course, control those militias seek to carry out a response at a time of their choosing. and with regard to that, the answer is almost certainly yes, almost certainly the iranians are already attempting to put together such a response. and, indeed, we saw just last week the israeli action against the operatives in southwest syria, you know, was an israeli sort of foiling of an iranian attempt to launch, we think, killer drones into israel, presumably to hit either civilian or military targets. so they're already trying to respond, and part of the operation for israel is not only to attack, but also to prevent the attempt by the iranians to react and respond. paul: i wonder if, in fact, here the iranians don't have the strategic advantage, and here's why i say that. they're entrenching consistently day by day by day. israel can attack periodically and set them back, but ultimately, as long as the iranians are determined and as
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long as its proxies willing to take some casualties, how can israel really stop that without a full scale escalation? >> yeah. well, i think that's a very good point. and that, in a way, is the central question mark which i've written about and others have written about too hanging over this strategy. israel is clearly superior to the iranians, to iran in two key areas. one is in terms of its intelligence coverage over remember on -- lebanon, syria ad iraq. and the second is its ability in air power. israel is able to kind of lop off the low hanging fruits, so to speak, of the iranian project whenever they get too close to looking really dangerous. for example, it appears that israel has prevented an iranian attempt to equip their missiles in lebanon with precision-guided devices. it'll turn them into much more dangerous missiles that would have an accuracy radius of around 10 meters.
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israel, it a appears, has prevented that. but when it comes to the broader iranian project of, in a certain sense, trying to hollow out those systems and societies in iraq, syria and lebanon and replace them with iran-controlled power structures, yeah, it's very hard to see how that could be prevented by air warfare. i think, frankly, it cannot be. which means what we're looking at is the likelihood of continued iranian attempts to consolidate, probably successful in all three countries, and then as you said, periodic israeli actions to stop the danger from growing too close and too intent. it's a version of what's happening in gaza which we describe in israel, of course, as mowing the grass. every so often israel goes in to hit hamas and deter them, written on a far larger canvas. paul: can the u.s. do much to help israel other than say that we're, we have their back? >> i think so. i think -- look, i think the
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u.s. campaign of maximum economic pressure on iran is, you know, a hugely helpful additional element in all this because, of course, as the pressure continues to bite, you know, the likelihood or the hope at least is that it becomes more difficult for iran to maintain these overseas commitment and that then will perhaps produce economic pressure at home on the regime. that's certainly very welcome. but clearly, the u.s. does not wish to enter, it looks like at least, to joining the military effort. and the saudis doing what they're doing down in yemen, but the saudis are much weaker and more fragile. israel is kind of on its own on the military level of this contest. paul: jonathan spier, thanks so much for your reporting. still ahead, the s.a.t. changes its answer. the college board drops its controversy plan to add a diversity score to the high stakes test. stakes test. what i so any plans for this weekend?
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♪ ♪ >> you're -- to give you a sense of what you've achieved, but the college board's not to score diversity. >> david coleman explaining his decision to drop a controversial plan to end a diversity plan on the is s.a.t., the score would have taken into account such factors as the crime rate and housing values in a student's neighborhood, parents' median income and education and the free lunch rate at the high school they attend. critics have ingreecingly attacked -- ingreecingly attacked the s.a.t. with a growing number of schools going test optional in recent years. we're back with jason reilly, allysia finley and kate bachelor to dell. so, jason, was the s.a.t. a decision a good one? >> yes, i think it was, paul. the average white s.a.t. score
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in this country is about 170 points higher than the average black s.a.t. test score. and this was initially an effort to do manager about that. -- something about that. adversity was basically a proxy for race. this was a back door attempt at racial preferences, i think -- paul: isn't the test biased against african-americans? >> no, i don't think it's biased against african-americans. i think what we need to focus on is preparing kids to do a better job for the test. not change the test or change the standard for getting into college. the problem here is trying to get kids that aren't qualified to do the work or can't handle the work into college. you're not doing them any favors. you're just going to see higher dropout rates among these groups. we've seen in the past. the real hard work is going to be done in the k-12 system getting these kids prepared to take the test. paul: why do you think the college board changed its mind? >> i think it's a huge public blowback among people for a
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varian -- from a variety of backgrounds. one, this was basically reaffirming the belief that one's success and achievement is a product of one's circumstance, that if you're low income or poor, then you're, you know, we need to handicap that. paul: and you're doomed forever to be that unless we lift you up. >> exactly. and, obviously, among the upper middle class, more affluent, it would have also punished if you're a middle class parent and you want to send your kid to a better school, move to a better neighborhood, it would punish those folks. paul: kate, is this decision going to help reduce the cynicism so many of us have about that mystery black box called college admissions? >> well, i think -- i do think it is, it's good for the college boards' value proposition, because i do think going to start to see this capital flight to measures as it gets harder to tell why kids are getting into
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college. for instance, grades have been inflated to the point of meaninglessness, and so they're not a way to measure candidates against each other. so i think the college board maintaining this as close to an objective measure as they can. it's not perfect. of course you can study for the test and pay for good tutors, but you see in college class profiles that they're letting in kids with a pretty broad range of s.a.t. scores which means they're looking at other factors like adversity, the high schools they came from. i think the s.a.t. is right to stay in the lane of offering specific, close to objective, imperfect test. paul: jason, let's turn to new york city that you wrote about for us there, focusing on the chancellor of the school system, superintendent, rather, getting rid of gifted and talented programs because he said it hurt lower income students, and he's already trying to level the playing field how you can get into certain high schools. >> right.
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again, this obsession with diversity for its own sake, this obsession with racial balance in schools, when i think the real focus should be on creating enough quality schools to meet the needs for them. we have high quality public school models in new york city that the mayor refuses to replicate. those are charter schools, public charter schools. they do an excellent job of getting kids into these gifted and talented programs, but he has no interest in replicating those models because the teachers' unions are opposed to charter schools a because many of the teachers aren't unionized. paul: and the attack on charters continues across the country, california, new york. the democratic party's really turned hard, elements of it, against charters. >> i think that's right. several years ago you saw arne duncan who was the education secretary in the obama administration, even president obama, you know, come out really support charters, and now, you know, the moderate democrats are much more humid on this issue.
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you don't have a strong voice in the democratic party for this even though most polls show a large majority of hispanics and blacks support charters. paul: do you see any way that turns back, jason? >> it's going to be tough. in 2018 a lot of governors, a lot of democratic state legislatures were created and, again, the unions -- we see more teacher strikes around the country. the school reform movement really has its work cut out. paul: all right, thank you. when we come back, an oklahoma judge to orders johnson & johnson to pay $572 million for its role in the opioid epidemic. why the ruling could have far larger and more dangerous consequences. let's be honest, you need insurance. but it's not really something you want to buy. it's not sexy... oh delicious. or delicious... or fun. ♪ but since you need both car and home insurance, why not bundle them with esurance and save up to 10%.
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week ordered johnson & johnson to pay $572 million for its role in the opioid crisis, siding with state attorney general mike hunter who claimed that the drugmaker aggressively marketed opioids to doctors while repeatedly downplaying the risks of addiction. those sales practice, the state argued, led to an oversupply of the painkillers and created a public nuisance. a legal argument and ruling that could have far-reaching and maybe dangerous consequences. we're back with our panel. allysia, you wrote critically about this ruling, why? >> for one, johnson & johnson's products only make up 1% of the market in oklahoma and nationally. they produced a crush-resistant pill as well as a fentanyl patch. these are not things, these are not products that can be easily abused by, you know, people using drugs. and first of all, they also have to be prescribed by doctors,
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they have to be provided by government-licensed pharmacies. they were not, the a.g. was not able to show that johnson & johnson did anything illegal, let alone criminal here. paul: so did he even try to show what you would call a line of causation from their manufacturer, distribution, marketing to doctors and then on to patients that you would normally have to establish for product liability? >> no. they basically dodged around most product liability by using this, quote-unquote, public nuisance law, by saying this created a public nuisance. usually public nuisance relates to property -- paul: you're playing your music too loud. >> yeah. maybe pollution. but now what you're seeing is a.g.s have been trying to expand liability under public nuisance laws to including climate change because it's much easier to get a much bigger
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damage verdict. paul: kim, i think a lot of people looking at this say, you know what? this opioid scourging is really horrible, it's done tremendous damage to the country, to the social fabric, and you know what? somebody's got to pay. and the deep pockets are there, so they gotta pay. >> well, they're right in the first part in that the opioid epidemic is a real problem, and it is causing great devastation, and in particular certain areas of the country. but looking for a scapegoat is not the way to actually solve this problem. that's one of the other issues with this lawsuit and litigation is that, you know, it overlooks the fact that the vast majority of the opioid decision comes down -- addition comes down to illegal drugs which, obviously, is not the case with what johnson and johnson is prescribing. yeah, there's a lot of deep pockets here, but i think people should be more angry that you have, in my mind, attorney generals like mr. hunter who
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aren't doing -- they're misdirecting the worry out there, and then also there's a benefit for them, right? they get these deep pockets, and it provides a lot of money for the state government that they're suing on behalf of. paul: yeah, kate, it doesn't look like any individual patients are really going to benefit here, much of the money will go into state coffers and, of course, the trial lawyers who brought this public nuisance theory to mr. hunter are going to get a big bundle of cash. so the question is who benefits? >> right. i think the plaintiffs' lawyers are the prime beneficiary here, and i think that's really sad given, from what you said, the public is looking for more accountability here. i think one with thing that's interesting about this is the number of prescriptions for opioids has been falling since 2010, but the overdose numbers have not fallen in tandem as you would expect. and i think that's because as kim alluded to, it's moved on to a follow-on problem of fentanyl,
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of heroin, of even meth and other drugs that people are using and overdosing on. so i think it's one of those cases where public is looking for someone to blame, but it's a large, intractable social problem with many authors. paul: allysia, do you think j&j is going to appeal here, do you think it should keep fighting on? >> well, i do think it should keep fighting on all the way to the u.s. supreme court if necessary in order to establish some kind of precedent perhaps for other cases. there are 2,000 other cases pending in a multi-district litigation in ohio. squash these public nuisance claims which are very dubious. paul: because they've excessive and, essentially, they break the law. >> yes. i mean, they abuse it. paul: okay. all right, thank you. we have to take one more break. wow! that's ensure max protein, with high protein and 1 gram sugar. it's a sit-up, banana! bend at the waist! i'm tryin'! keep it up. you'll get there. whoa-hoa-hoa! 30 grams of protein, and one gram of sugar.
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pete: time now for our hits and misses of the week. kim, start us off. >> so this summer is the tenth
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anniversary of the founding of the tea party movement which apparently means most of the left and the media establishments to rewrite history, by claiming the tee party was fund men -- tea party was fundamentally rooted in racism by a new black president. we're old enough to have covered this this was a reaction to a republican party and the over aggressive policies. pete: allysia. >> this is a hit to andrew luck who announced he was retiring this year after seven seasons. he suffered a lacerated kidney, a shoulder tear, torn abdomen, a number of injuries and he finally decided money isn't worth it. my health comes first. i think this sets a good example. pete: all right. kate. >> paul, my miss is to cnn for subjecting us all to a seven
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hour townhall on climate change coming up. ostensibly the point is cry mate change is so serious it needs to be dealt with in details. we should assume voters are busy people so let's try to give them the facts a on a more densed basis -- more condensed basis. pete: i'm going to assign you to watch every minute of those. jason. >> this is a hit for david coke, the businessman who died recently at the age of 79. he's best known for political giving. he gave more money to the arts and medical research than he gave to politics. what he did give to politics was based on principle. pete: what's wrong with giving away your money to do that. that's it for this week's show. thanks to my panel and for all of you for watching.
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i'm paul bigot. -- i'm paul gigot, we hope to see you all here next week. mike: fox news alert, as number of victims killed during yesterday's shooting in west texas rises, authorities now saying at least 7 people are dead and 22 injured after a gunman went on a rampage from midland to odessa. hello, i'm mike emmanuel, welcome to a brand new hour inside of america's news headquarters. laura: and i'm laura ingle. the gunman opened fire on police after being stopped for a traffic violation, he then hijacked a u.s. postal vehicle and fired randomly at people, eventually being killed in a shootout with police. president trump today praising the actions of law enforcement. >> they've been incredible. first responders, law

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