tv Fox News Night FOX News January 16, 2018 12:00am-1:00am PST
ever? it will be up in just a few moments. go to facebook, tweet me, tell me what you want to hear more of on the show. i would love hearing from you. that is it for the angle tonight. take it away, shannon. >> shannon: thank you so much. here is what we have coming up tonight. president trump returns to the white house facing down democrats over daca, the programs that protects illegals brought here as children and facing a potential government shutdown. to his controversial remarks take away any of his negotiating power? >> i for one will not vote for government funding until we get a deal on daca. >> shannon: ed henry and chris stirewalt layout what's ahead. >> let's not turn women into snowflakes. >> shannon: former secretary of state and national security visor condoleezza rice broke barriers over and over in her rise to political stardom. now she is saying #metoo
should be careful not to cross the line. if we will tell you who was on her side and why. and will democrats embrace chelsea manning's surprise primary challenge for democratic senator? >> we don't need them anymore. if we do better. >> it's true, the formula armor soldier whose conviction for leaking national secrets and violating -- commuted by president obama is running for senate. ♪ >> shannon: hello and welcome to "fox news @ night." i'm shannon bream in washington. new tonight, the president is back in town and gearing up for multiple showdowns as lawmakers tonight get back to business and focus on what are sure to be tense talks ahead. there is a good chance this all goes down to the wire when government funding is set to run out friday night at midnight. the growing force of democrats suggest a shutdown is worth the
price. if millions of people here illegally if they don't get legal status in the bargain. >> i for one will not vote for government funding until we get a deal on daca. >> shannon: but that does no appeared to be the minority vie view. "the new york times" reporting a short time ago the democrats facing reelection in states that mr. trump carried in 2016 fear that a government funding crisis precipitated by an immigration showdown could imperil their campaign. meanwhile, republican senator lindsey graham quoted as saying "to believe that you can successfully blame democrats for a shutdown over the daca debate is naive. chief national correspondent ed henry with more now on how lawmakers are weighing the risk of the battle ahead. good evening. >> good evening. think back to the obama years. whenever republicans talked about shutting down the government there would be outrage among democrats, some of the media charging that g.o.p. leaders were acting like terrorists and they were going
to bring the economy crashing down. now that she was on the other foot and you have some democrats, as you noted, openly talking about trying to score political points and get leverage against president trump by shutting the government down to get their way on daca. few, other than democratic senator joe manchin, are even calling them out about it. listen. >> if my fellow colleagues and democrats in the caucus want to do something, that's wrong. that doesn't fix anything. we have a shutdown looming. we have to make sure this government runs and operates in a functional way. it takes all of us working as americans. >> this comes as at least four democrats led by maxine waters have announced a boycott the president stated the union address later this month. do tonight, frederico wilson, the colorful cowboy hats and she feuded with the president last year, says she will skip the speech because of what she called "racist and incendiary remarks that the president made about haiti and various african nations." she added "she's going to
boycott." the president tweeted -- he said that he did not say this. senator dickie durbin totally misrepresented what was set at the docket eating. hurting our military. waters and other democrats had their say, listen. >> i didn't go to the inauguration. i didn't go to the joint session that was held after that. i don't intend to go to this. why would i take my time to go and sit and listen to a liar? >> it's past time that we stop dignifying the performance of this reality tv show performer. let's get serious about governance. >> that was oral bloom. note that ironic mention of getting serious about governing. the bickering on both sides over daca is making it less likely there will be a government agreement to get the government open. it's about a shutdown friday at midnight. why is that significant? right on the one-year anniversary of of the president's inauguration. >> shannon: we will be her
watching if it comes to that. thank you very much. president trump blaming democrats for "blowing daca negotiations." the obama immigration program is probably dead. four days now left to reach a deal, daca still very much in the mix here. the last time we were talking about a government shutdown in december, "the wall street journal," nbc poll found 31% say they would blame republicans. 29% would point the finger at democrats in 18% would blame president trump himself if the government shutdown. what can we expect is that friday deadline approaches? chris stirewalt is here to iron it all out. good to see you tonight. >> is hoping it was going to be somebody else. i didn't know i had to answer all of that. >> shannon: there are many questions but let me get you a little set appear to t you up. we have a couple of senators tweeting about this. we have senator tom cotton saying this, republican. democrats are not threatening to shut down the government if they don't get amnesty for millions of illegal immigrants. let's see how that works out for them, especially in places like
west virginia, indiana, missouri, north dakota and montana. the other side of the aisle, senator brian schatz of hawaii says nobody wins the government shutdown battle but i do know one thing, if it happens it will be because of bipartisan compromise was rejected by republicans. anyone who says they want to avoid a shutdown should be asking for a vote on that compromise. my understanding is this is a compromise brought to the president that they were so insulted by. >> he should be careful with the 280 character limit. he should dial that back. 140 should be enough, america. >> shannon: say what you gotta say. >> a government shutdown is like a war. nobody really wins it, but somebody loses less than the other guy. i think, this is just my hunch here. i think we are going to have one. i think we will have a little one. i think this is a hot stove moment. >> shannon: a mini shutdown? >> probably the norm -- every president except for i
believe -- i don't think george w. bush ever had a shutdown. >> shannon: not that i recall. >> but since the modern budget era which started in the 1970s, every president has had a shutdown except one. it's fairly normal in that way because you have to sometimes let lawmakers touch the hot stove and burn their hands. they say we will shut down, we won't do it. and then they do it and then you see where the pressure really lies. in this case there's pressure on republicans, big pressure because they control the white house, they control both chambers of congress. it's their job to get it done and run what is supposed to be the ordinary business of government. on the other hand there's pressure on democrats just as cotton points out. there are not a lot of voters out there who are going to be happy if ordinary functions of the government are faltering while we are engaged in a fight over what our still, no matter how sympathetic their case is, people who are in the united states illegally. >> shannon: it's interesting because in the past when democrats have been in charge, somehow still the republicans have gotten in trouble for work
the shutdown. it always breaks against them. we have to see if they will be willing to play with at this time because in many respects, they are trying to watch this principle in that they want to be for americans and running their government and not for people who are here illegally. although we know many of them came here as children. but in the meantime, where do we go now with the showdown between the president and senator dick durbin? a lot of words back and forth. who needs two more in this scenario? >> trump is counting on durbin for a great deal. the republicans are counting on durbin to be the guy who corrals nine democratic votes. you can find five or six democrats were sort of moderate democrats or they represent red states where you can apply 2018 election pressure to them. there are maybe five or six of them in the universe. to get to 90th got to get into the cork at democrats. he's probably going to need durbin himself to take the hit and go vote for the legislation. where do you get those nine democrats? especially at this moment when democrats believe that they will be more advantaged in a
shutdown. they will be able to survive the fallout better than republicans can. it's hard to get them to the table. that's why i think we end up with a shutdown, because for those democratic holdouts they will want to see how it plays. they will want to wait and see how is this really playing out for us. are we getting it on this, republicans getting hit on this, how is this going? and, we've never had this one before. normally have what we call the washington monument strategy, as soon as the shutdown occurs you go shut the most public, physical thing. shut the national parks, hang those signs up there so you can make sure -- the president can make sure the congresses paying the price. in this case if the republicans and republicans they are missing the margins. >> shannon: security check still go out, basic government functions are having. a lot of people get paid back once the shutdown is over. there is temporary -- the world does not come to an end. >> see if you get an alert on your phone. there will be an alert on your phone. >> we did have his tweets.
in hawaii, be careful. good to see you. >> happy monday. >> shannon: trade leaders from mexico, the united states and canada set to meet next week to potentially renegotiate nafta in the future of america's involvement in the agreement remains unclear. the approach has set off shock waves that the u.s. might soon abruptly and the 24-year-old agreement. there are reports tonight the president may be softening his line on nafta as he meets with republican senators were trying to sell the current deal because of the benefits to their individual states. the employee responsible for saturday's false doom tailored in hawaii has reportedly been temporarily reassigned. officials there are also changing the protocol for when an incoming missile alert can be issued. typically hawaii was subjected to widespread out of panic when they were sent to mistakenly warn people ballistic missiles and brown. it would only take about 30 minutes or an actual missile launched from north korea to hit
hawaii and they would have about half that time to get to safety. if there now both states and federal investigations into the boxed alerts. just how dangerous and intense relations with north korea have become. historic meetings are underway in vancouver cohosted by canada's top diplomat and secretary of state rex tillerson. if life with the secretary of state tonight. from vancouver, good evening. >> good evening, shannon greater secretary of state rex tillerson has just arrived here in vancouver a short while ago. he's at a dinner now with some of the participants and then we'll have a meeting with the canadian foreign minister in the foreign ministers of south korea and from japan. the goal of this meeting tomorrow is an attempt to fight north korean smuggling, perhaps initiate a naval blockade of north korea. despite the international effort to isolate and economically choke off north korea, north korea and south korea met again this morning. they have agreed to allow it
north korea to send an orchestra is part of its growing delegation to the south korean -- the winter olympics held in south korea next month. they also discussed the potential of a joint north kore north korea-south korea ice hockey team, a women's ice hockey team. it would be the first unified team for korea to compete in olympic games if they agree to that. back here in vancouver there are 20 total countries meeting that includes the united states and canada tomorrow. there are two notable absences. china accounts for 90% of north korean trade. it has been the centerpiece of the u.s. effort to try and isolate and cut off north korea. it won't be here. russia won't be here as well. the u.s. says it has been consulting with chinese and russian governments ahead of this meeting on the summit and will keep them updated to the progress that they are making here. sergey lavrov, the minister for russian responded to that saying it is "outright lies. we said clearly that we consider these efforts in this meeting to
be destructive." the u.s. says the united states and canada decided to only invite the countries that participated with the united states, who are allied with the united states and the united nations during the korean war more than 60 years ago. shannon, back to you. >> shannon: thank you very much. traveling with the secretary of state. could be another big week for the russia probe with at least three top current and former trump advisors reportedly said to appear before the house intelligence committee behind closed doors. numerous reports tonight that former chief white house strategist steve bannon will testify tomorrow. he could face questions about those controversial comments he made about the president's family and the russians, characterizing donald trump jr. donald trump jr.'s trump tower meeting as "treasonous." white house communications director hope hicks may appear friday and cory lewandowski also expected to testify this week. should a single federal judge be able to wipe out an entire national policy? some experts are wearing a judge's ruling to block
president trump's plan to end daca interferes with the notion of an impartial bench. he said something really surprising. that's next. plus, a woman's rights pioneer expressing caution about the #metoo movement. she is taking plenty of heat for it. it later, when night court convenes, multiple lawsuits blame the power company for the largest wildfire in california history. the one that led to those deadly mudslides. our legal eagles break down arguments and liability. you will be our jury. you will be our jury. ♪
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for only $34.90 more per month. comcast is building america's largest gig-speed network to give small businesses more. call 1-800-501-6000 today. >> shannon: immigration authorities quietly resumed accepting daca deferral request on saturday. immigrants who previously got protection under the program may now apply for renewal. this is all happening because a federal judge in san francisco temporarily blocked president trump's plan to end daca later this year. for many legal experts are callg that problematic saying it could damage the notion of an impartial bench. joining me now to discuss senior legal fellow at the heritage foundation. great to see you tonight. >> thanks for having me. >> shannon: i want to see nomadic -- some pretrial motions he said. rhetoric so closely tied to the
challenged executive actions is admissible to show rachel animation. racial animus towards mexicans and latinos was a motivating factor in the decision to end daca. this is the same thing we've seen with the travel ban, going back to campaign statements and say what he said then is the reason we will stop them from doing this now even if the measure on its face, you could maybe argue was valid or neutra neutral. >> i think that shows how wrong the judge is. you can read his opinion and it reads more like an extended op-ed than an actual legal decision. the key thing here is, it's bizarre, he's that this president cannot revoke or change a policy implemented by the prior president and that we have never, ever had a judge say that in our entire history. it's really -- bizarre as one word, nutty is another word. >> shannon: what we have is one federal judge in a district court in san francisco shutting down a nationwide policy.
there are no concerns being raised by this. samuel, a law professor at ucla said how can a single judge decide a question for the whole country? increasingly legal scholars are concerned about the way national injunctions are transforming the relationship between the courts and the political branches saying all you got to do is file with one judge or disagrees with you and you can shutdown anything any administration tries to do. >> it's a race to the courthouse. i actually think this judge was ignoring prior supreme court precedent. there's a case from i think the 1970s from u.s. versus mendoza. it says that a federal court can't find nonparties to the case. this guy could issue an injunction with regards to the actual individuals who sued in the case, but he can't issue this broad injunction for all these people who aren't in the case. that supreme court president and an judge is ignoring it. >> shannon: one of the things conservatives are constantly wearing what is activist judges. people who legislate and make
decisions from the bends. but a lot of that going on in the ninth circuit at least with respect to this president. now we wait to see with the administration is going to do as far as filing legal challenges, but it's interesting because you noted something. if this judge has done something very unusual. >> something that is evidence of a political decision by a political judge is when this case was first filed last fall he issued an unprecedented order for broad discovery. he told the white house they had to turn over absolutely everything they had about the decision to end daca. this was appealed by the government to the u.s. supreme court. they rolled 9-0 against this judge. but do know what he did? he filed his own brief with the u.s. supreme court. i have never heard of anything like that happening. for a judge to file a brief arguing to a court, you should uphold my opinion, that's just not done and it shows the bias of the judge. >> shannon: interesting. in the meantime, very quietly the immigration and customs
service on their website posted this notice saying to a federal court order u.s. cis has resumed accepting requests to renew a grant of deferred action under daca. that's not something the administration will want to broadcast loudly because so many in their base are not for that but now the quietly set until we get this figured out what this judge, for now we are going to go ahead and start accepting the renewal for deferral again. that seems a little bit under the radar. >> i think they don't want a lot of notice about it. they don't really have any choice until they do an emergency appeal of this judge's opinion. if they are going to win, the government is going to win. >> shannon: maybe not in the ninth circuit. >> we've already gotten a supreme court ruling against this judge on one of his prior orders and i think they will do it again. >> shannon: in the meantime, those grants and the deferrals will continue, or at least the applications for them. great to see you tonight. >> thanks for having me. >> shannon: an illegal immigrant who threatened to kill everyone aboard a great home
bossed. reportedly had been deported before. so what happened on that wild ride and what happens to the suspect now? plus, prominent female pioneers cautioning that the #metoo movement may have gone too far and now they are facing backlash. how does first lady melania trump's luxurious wardrobe fit in with one of the presidents campaign promises? the mainstream media has a problem with it. we will check it out coming up. ♪
before shipstation it was crazy. it's great when you see a hundred orders come in, a hundred orders come in, but then you realize i've got a hundred orders i have to ship out. shipstation streamlined that wh the order data, the weights of , everything is seamlessly put into shipstation, so when we print the shipping ll everything's pretty much done. it's so much easier so now, we're ready, bring on t. shipstation. the number one ch of online sellers. go to shipstation.com/tv and get two months free. ♪ >> shannon: following hollywood's lead, lawmakers say they plan to wear black to the president's state of the union address later this month to draw attention to women's issues. questions are being raised about the #metoo movement by former secretary of state and women's rights pioneer condoleezza rice. >> let's not turn women into snowflakes. let's not infantile as women. i don't want it to get to the
place that men start to think maybe it's just better not to have women around. i've heard a little bit of that. and it worries me. >> shannon: the former secretary of state is not the only women's advocate with concerns. some european actors are taking heat for statements they've made as well. trace gallagher following the response and he joins us from los angeles. >> shannon writer comedian as these on sorry is the latest celebrity accused of misconduct. a woman said she went on a date with him last year and after much consideration and talking with several friends she concluded that she was the victim of sexual assault. many on social media condemned him, but many did not. in fact, as some point out, the woman acknowledges that the initial encounter was consensual and as she became more uncomfortable, instead of saying no, she indicates that he failed to pick up on her negative signals. the atlantic's caitlin flanagan
writes "apparently there was a whole country full of young women who don't know how to call a cab and who have spent a lot of time picking out pretty outfits or dates they hoped would be nice to remember. they are angry and temporarily powerful and last night they destroyed a man who didn't deserve it." if he said he took the woman's words to heart but also said it was completely consensual. then there's actress catherine, who along with 100 other frenchwoman signed a letter denouncing the #metoo movement, arguing it had caused people who did not deserve to be condemned to face the same consequences as sex offenders. she later walked her stance back a bit saying she stands by her statement but does not condone sexual abuse or misconduct. finally actor liam neeson says the #metoo movement is healthy, but also a bit of a witch hunt. watch. >> there some people, famous people being suddenly accused of touching some girl's knee and
suddenly they are being dropped from the program or something. >> he apparently referred specifically to garrison keillor not being as bad as "other harvey weinstein stuff." he says he's also on the fence concerning allegations raised against dustin hoffman. shannon. >> shannon: thank you very much. trace gallagher with the update from l.a. a man accused of threatening to kill riders on a greyhound bus is in custody tonight in chicago. it reportedly in this country illegally after having been deported at least once before. the story of a terrifying ride for passengers. >> shannon, a greyhound bus from milwaukee to chicago took a horrifying turn when an illegal immigrant aboard started pacing back and forth threatening to shoot and kill everyone while reaching toward his waistband according to passengers. police say at least two passengers called 911 from the moving bus about 33-year-old --
the department of u.s. border control and customs house fox news vargas rosa has been apprehended, ordered for deportation five times. >> it almost felt like a terrorist situation because you are on a bus and the guy is saying he's got a gun. >> he was acting crazy. >> when squad cars attempted to pull the bus over, the driver did not stop. police dropped two separate spike strips to stop the bus. they said police were involved in a training exercise and were there to assist him. vargas rosa was ordered off the bus at gunpoint. he then made threats to the police and was arrested. police did not find a gun and fortunately no one was hurt. >> we dodged a bullet, we really did in my view. >> the suspect is charged with making terroristic threats. tonight the suspect is locked up in an illinois jail without bond and he will stand before a judge on wednesday. the lead agency in his criminal case is a wisconsin sheriff who has requested the suspect be extradited back to wisconsin. shannon.
>> shannon: thank you very much. what you are about to here is a real news roundup from across the nation. the washington state department of licensing will no longer release personal information to federal immigration authorities unless there is a court order requiring them to do so. washington is among a handful of states that allow illegals to get drivers licenses. and because it now looks like federal immigration officials will have to go to court every time they want to get a driver's license and information, the new policy is expected to hinder their efforts to support illegals from washington state. on this martin luther king holiday, there is much to celebrate and what doctor did tell my king did to advance social justice and to try to heal the country's divisions. like many, the naacp believes there's still a lot of work to do, now pointing to climate change as the next battle for civil rights. naacp officials say to fully achieve dr. king's vision we must defeat global warming. if the media's latest they get first lady melania trump, some
of her dresses are foreign-made, not america first. a feature by the associated press has said since most of her clothes are made by european designers, she seems unconcerned about how her foreign fashion squares with voters in donald trump's political base. but remember, american designers have publicly refused to address the first lady because they don't like her husband. approving and lgbtq-only door and peered at the university says keeping with its catholic and jesuit values of inclusion and helps benefit students benefit from unique residential space, dedicated to understanding and exploring themselves and others. feeding the homeless lands a bunch of activists in legal trouble. peter doocy or investigates what appears to be a crackdown on homelessness in the golden state. plus, look who's running for senate. a former army soldier convicted of leaking our national secrets and violating the espionage act now wants to be a u.s. lawmaker.
former presidential candidate who sparred with president trump is reportedly back at it again. the latest moves in midterms next. next. ♪ my name is jeff sheldon, and i'm the founder of ugmonk. before shipstation it was crazy. it's great when you see a hundred orders come in, a hundred orders come in, but then you realize i've got a hundred orders i have to ship out. shipstation streamlined that wh the order data, the weights of , everything is seamlessly put into shipstation, so when we print the shipping ll everything's pretty much done. it's so much easier so now, we're ready, bring on t. shipstation. the number one ch of online sellers. go to shipstation.com/tv and get two months free.
peter doocy is here to explain the surprising details. >> a dozen people wound up in handcuffs this weekend for trying to help their homeless neighbors by hand delivering food and toiletries. the reason that officials outlawed disturbing food and parts and other cities and other places is because they said they want to stop the spread of deadly hepatitis a. locals are looking at it as a way to drive the home was out of town. a group called break the bank decided to test the will of local law enforcement. they have misdemeanor meant citations for their efforts. cleaning up the notorious ken wrote neighborhood, they closed bathrooms there also because they said they were trying to stop the spread of disease. something even more straightforward is about to happen in anaheim, the same city work cinderella on the grounds of disney fans is also home to a 2-mile long tent city where .. next monday for the tense and the cams are going to be cleared out
for them. hundreds of homeless people that live there are displaced. a new analysis of the poverty rate shows the challenges that lay ahead if they decide to stay in california. the stanford center on poverty and inequality and the public policy institute of california have calculated what they are calling the california poverty measure which inputs more variables than the census bureau does like the high cost of housing and tax credits and their findings are in a place like santa cruz, san francisco and orange county, there are as many as 9% more people living in poverty than the governments numbers reflect because welfare programs don't go very far to help people with sky-high rent or mortgages, whereas in some other california counties like fresno, merced and köln, the new analysis finds that public assistance goes far enough, that the poverty rate is actually lower than uncle sam things. an op-ed in the "l.a. times" this week by carrie jackson, a fellow of california's studies at the pacific research institute explains that some of
the other reasons for california having these highest poverty rates in the country are regulations that make energy expensive and a lack of welfare reform that has created what jackson is calling a dependency trap. shannon. >> shannon: peter doocy with the latest out of california, thank you. if convicted of multiple accounts of leaking national security secrets, chelsea manning is now running for senate out of maryland. in her first campaign ad released yesterday she narrates over clips of the charlottesville valley that turned deadly last summer. >> we need to actually take the reins of power from them. we need to challenge them at every .. this. we don't need them anymore. we can do better. >> shannon: manning is a former army intelligence analyst who was convicted in 2013 of leaking thousands of classified documents to wikileaks. former president obama during his final days in office commuted manning's 35 year
prison sentence. let's bring in charlie hurt, the opinion editor at "the washington times," also at fox news contributor. josh, a senior white house reporter for politico. welcome to you both. to become to be here. >> shannon: josh, what you think is behind us run? >> she has been looking for something to do ever since her sentence was commuted and there's no question chelsea manning has become a heroin to some on the left as a result of her activities. i will tell you as somebody who covered her trial, this really seemed a lot less like an active principal whistle-blowing than a complete mental breakdown. this was someone who was described as being in a fetal position on the floor of an army center overseas. it's hard for me to see how that would be something tantamount to a qualification to run for the u.s. senate. >> shannon: charlie, there's an interesting theory out there that someone named josh manning has tweeted out. says he is a civil rights investigator, former army intel and a group against russia says
this. senator cardin, who she would be running against, authored and released the 200 piece to my page masterpiece on russian influence in the election. suddenly he has a primary from kremlin stooge chelsea manning. the kremlin -- is this about russia? >> i don't know if it's about russia, but i do think that it's certainly -- we spend so much time talking about the divisions in the republican party, and there are some real divisions within the republican party. but the democratic party has some very, very serious divisions of their own. i'm sure the chelsea manning will, as josh just pointed out, will appeal to a significant portion of maryland voters and it will be the choice between your sort of run-of-the-mill irresponsible left-wing knotty democrat and somebody who is even more left-wing crazy, nuttier, left-wing democrat and in maryland that could be a real toss-up. >> shannon: it's interesting
because we don't know what ben carson is going to do, whether he will run against her. we will see and wait to hear about his plans. ben cardin is somebody who is at the center, the ranking democrat on senate floor in the spirit i think last time he won by 30 points. it still be to see what happens. in the meantime we have somebody i we think will end up in the race. a former presidential contender, former governor mitt romney tweeting in response to some of what has gone down with president trump. he says this. the poverty of an inspiring immigrant nation of origin is the relevant -- inconsistent with america's history and antithetical to american values. may her memory of dr. king buoy our hope for unity, greatness and charity for all." sometimes these people seem like mortal enemies. sometimes they are dining together over frog legs and talking about a cabinet position. it's confusing. >> the frog legs seem like a long time ago now to me. it seems like romney has been on
a pretty typical and pretty sharp anti-trump band for the last few months, which is an interesting strategy. you have other people that are facing the possibility of a republican primary who are currently in the congress who are basically bailing out because they don't want to deal with trump element in the party. here you have romney seeming more than happy to go up against from. i wonder if that is maybe and only in utah strategy. maybe his messages towards trump resonates a little more in utah than they do with republican electorate and other parts of the country and we may be about to find out. >> shannon: how much do you think this is principal? a lot of folks whether you love him or hate him really feel like romney does generally operate from a place of printable. how much do you think this is about the utah campaign? >> i think unsurprisingly there is very little about principal in much of the politics that goes on today. i think certainly in this case. why mitt romney would sit here and aid and abet democrats in
their sort of ridiculous attacks suggesting that whatever donald trump said was somehow racist or racially motivated or anything like that. for a guy like mitt romney to throw in with that kind of -- those kind of very spurious and i think unfounded charges against the president. it's just not helpful to anybody, it's not hopeful to republicans. it's certainly not helpful to the president. the only person perhaps it helps is mitt romney. if i think it's pretty disgusting. >> shannon: all right. charlie, we will leave it there. thank you both tonight for your time. we will see within soon. the largest wildfire in california's history is now out. but in the aftermath of the blaze, the area is facing deadly mudslides and now a legal battle is heating up. that's next in "night court." ♪
♪ >> shannon: it is time now for night court. it took more than a month but officials say the thomas wildfire, the largest in california's history is contained. the fire broke out in early december just outside of ventura, north of los angeles. it scorched more than 281,000 acres in damaged hundreds of homes. the blaze also contributed to
those deadly mudslides that hit the area last week. now multiple losses alleged the fire was caused by negligence by one of the state's largest power companies, southern california edison. it lets convenient night court. fox news legal analyst. zimmerman, a contributor for the national law journal. great to have you both with us tonight. >> great to be on. >> shannon: the more i dug around the more i saw there are numerous lawsuits now of all shapes and sizes against the electric company saying that what they were doing led to these fires. one of the plaintiff's complaint says this in part. if defendant failed to properly inspect and maintain electrical infrastructure and equipment which they knew, given the existing santa and the wind and red flag warning conditions posed a risk of harm to the plaintiff and to the property. how do the companies now fight back? >> i will tell you something. i happen to know something about this company. i've been to their headquarters many times, met with their top
executives as part of my work. they have some of the best minds in the business at edison international in southern california. they have whole teams of people devoted to making their projects as safe as possible. heavily regulated utilities and the regulators are after them. at the reality is this thing is under investigation. the investigation hasn't concluded yet and we haven't yet seen convincing evidence that it is at a sin that was not careful and because this thing. we have to wait and respect the process and see what happens, but it is still under investigation and the plaintiffs attorneys who wrote those phrases that you quoted, they stand to make a boatload of money, the attorneys do if things go their way so of course they will make their case as best they can. the only other thing i would add briefly is that at the time these fires broke out, wins are clocked in excess of 70 miles per hour in the area where the fire started. >> shannon: does not indicate that maybe they should have delayed the work or done something with those conditions?
>> we will see when they were both adults of the investigation, but i'm not sure it's fair to hold anybody responsible for the fact that winds kicked up and caused an acre a minute to burn in some cases. i'm not sure if it's any person or company's fault. >> shannon: this is what the company said in a statement in early december and they are not replying publicly to these lawsuits. with a set at the time. prior to the fires based on forecasted wins and red flag warnings, they mobilized a full emergency response team, and implemented measures to mitigate impacts of high winds and potential fires. will that absolve them of liability? they said they would were doing everything they could. >> not really though. that's an excellent point. of course they will blame other factors involved in this fire but when you look at the case itself, if you knew the winds were that bad, you knew the santa ana winds and obviously from the stories a lot of people know the winds are problematic. and you have drought conditions that have existed for years so
the vegetation is right for these types of fires. the winds, the vegetation. all those combination factors, it all boils down to foreseeability. you as a company know that there are factors that can result in this type of catastrophic event. frankly, go forward, stop the construction. when you look at the allegations that are set forth in the complaint they said we believe the construction was done unsafely, we think the vegetation wasn't abated, which we know has existed -- at least the allegation has existed that it has existed for years because of drought. and then you didn't maintain the electoral infrastructure by taking a look at those utility poles. what conditions were they in? did you repair them? to do anything. at the interaction between the utility pole, the electrical current that sparks fire and vegetation. all of these factors can result in a problem for the company. >> shannon: i imagine there will be quite a lot of discovery in this case but i want to ask you quickly, a quick response from both of you because now out
there they are saying environmentalist that when you look at the fires and what led to the conditions that knowledge of the mudslides, we know of at least 20 people killed. kent, you first and then mercedes. how quickly do you think -- >> i think likely very quickly. i agree with mercedes and i think we will see them quickly. but listen. i mercedes is a talented litigator, she makes a compelling case and the allegations are compelling, but the keyword is could have caused. show me the evidence. we haven't seen the hard evidence that edison caused this thing yet. >> we may get there. that's what discovery is about. >> experts that come forward, witnesses, experts and you have the compelling stories of these plaintiffs. folks that are going to be -- they are sitting in front of the jury, that jury will be very empathetic towards these individuals that lost their homes and the estates that will follow suit.
>> shannon: we thank you for weighing in as our able counselors tonight. tweet us from at home to let us know what you think about the case and how you would rule a member of the jury. thank you both. >> you bet. >> shannon: queen elizabeth the dishes on what a tin of biscuits has in common with britain's crown jewels. britain's crown jewels. ♪ your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. 40 million americans are waking up to a gillette shave. and at our factory in boston, 1,200 workers are starting their day building on over a hundred years of heritage, craftsmanship and innovation. today we're bringing you america's number one shave at lower prices every day. putting money back in the pockets of millions of americans. as one of those workers, i'm proud to bring you gillette quality for less,
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learn more at cancercenter.com/experts appointments available now. >> shannon: there is a reason you've never seen queen elizabeth looked down while wearing her famous crown. she says it's too heavy. by the way, historian interviewing queen elizabeth revealed that the crown jewels were hidden in a biscuit ten and buried at windsor castle during world war ii. she replied wondering aloud what would've happened to the jewels if the man who hid them had died during the why. hundreds gathered for a ceremony at washington's martin luther king jr. memorial. vice president mike pence and his wife took it in.
he tweeted this... most-watched, most trusted, and most grateful you spent the evening with us. good night from washi >> disturbing report out of california calling at a house of horrors. multiple children found change to beds. >> the biggest scandal in our lifetime staring them in the face, politicization of the highest levels of the fbi and the justice department. >> it is more corrupt than we know. >> accusing him of harsh language, something democratic lawmakers thread, a nickname, senator dickie durbin. >> i stand by every word i said.