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tv   Fox News Night With Shannon Bream  FOX News  November 21, 2018 8:00pm-9:00pm PST

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>> lisa: sadly that is all the time we have tonight. i am lisa boothe in for laura ingraham. have a happy thanksgiving, everyone. shannon bream and the "fox news @ night" team are going to take it from here. >> shannon: thank you. we begin. fox news alert. breaking news on the southern border. the white house giving defense secretary general mattis authority for the troops there to use lethal force if necessary. in order to protect customs and border patrol agents. white house chief of staff general john kelly spelled out what he says is new evidence of real threats. former acting i.c.e. director tom homan is going to be here to break it down. first, story captivating the nation tonight. in an unprecedented move, supreme court justice john roberts, the chief, defending the judicial branch after comments by the president. the controversy stemming from an obama appointed judges ruling to block the president's plan to crack down on migrants who enter the u.s. illegally and then asked for asylum. tonight, thousands of central
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american migrants are at our seven border. hello and welcome to "fox news @ night." i am shannon bream in washington. upping the stakes tonight, chairman of the senate judiciary committee weighing in. senator chuck grassley tweeting "chief justice roberts rebuked trump for a comment he made about judges decision on asylum. i don't recall the chief attacking obama when that president rebuked justice alito during a state of the union." "washington post" in 2015 said wondering why does president obama criticized the supreme court so much? kristin fisher is looking into the details. good evening. >> president trump challenging individual judges and rulings here is nothing new. what is new in truly unprecedented if that the chief justice of the supreme court has finally responded. tensions between the executive and judicial branch of the trump administration have been building for some time but it really boiled over when u.s. district judge john tager, an obama appointee, ruled against the administration's asylum
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policies. the caravan of migrants moves closer to the united states, president trump tried to change u.s. asylum policy so that no one could apply for asylum if they entered the country illegally. they had to apply for asylum at an official point of entry. yesterday judge tigar ruled against it. >> every case filed in the ninth circuit, we get beaten and then we end up having to go to the supreme court, like the travel ban that we won. the ninth circuit, we've got to have to look at that. every case, no matter where it is, they file it practically for all intents and purposes, they file it in what's called the ninth circuit. this was an obama judge. >> that's what led to the chief justice's unprecedented rebuke. he told the associated press today that "we do not have obama judges or trump judges, bush judges or clinton judges. what we have is an extra ordinary group of dedicated judges doing their level best to
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do equal right to those appearing before them." president trump fired back with this. "sorry chief justice john roberts but you do indeed have obama judges and they have a much different point of view than those who are charged with the safety of our country." going back to the 202016 campaign. >> what he did with obamacare was disgraceful. i think he did that because he wanted to be popular with inside the beltway or something. he is so disappointing to me. >> remember during the campaign, then candidate trump also referred to a u.s.-born charge of mexican descent who was presiding over a lawsuit against trump university, he referred to him as a mexican who would not be able to roll fairly because of then candidate trump's proposal to build a wall on the southern border.
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these kinds of attacks against the judiciary are nothing new, shannon. for the chief justice to respond, that has not happened until today. >> shannon: kristin fisher, thank you very much. house republicans grandly to finish up investigative work before they lose control of their committee. that includes getting an update on the clinton foundation. chief intelligence correspondent catherine herridge tells us what she is hearing. >> why don't you give back the money? >> on the campaign trail, candidate trump had harsh words for the clinton foundation. >> it's a criminal enterprise. saudi arabia giving $25 million, qatar, all these countries. >> writing to congress last spring, jeff sessions tapped a utah federal prosecutor to prove the foundation was, tens of millions of dollars from foreign interests. while clinton was secretary of state. the foundation set up by clinton and her husband has consistently
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denied wrongdoing, house republicans are now calling for hubert to testify about his findings. in a phone interview, congressman mark meadows said the hearing will be public. >> on december 5, the subcommittee on government operations will be holding a hearing where we will request mr. uber or his deputy to come in and testify along with a couple whistle-blowers potentially based on previous conversations with the departmet of justice. weeks ago. they had indicated that mr. hubert was making good progress. >> saying that congressional investigators have new records. >> there's a question of impropriety as it relates to the clinton foundation. whether it is a quid pro quo, whether it's improper use of charitable giving. >> along with the foundation, huber is investigating surveillance warrants.
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the inspector general investigating alleged surveillance abuses as well as media leaks by the doj and fbi to include former fbi director james comey and his memo about his meetings with the president. fox news reached out to the u.s. attorney's office in utah and the clinton foundation but there was no immediate response. with less than six weeks before the democrats take over the house, the huber testimony may be the republicans' less chance to get foundation evidence into the congressional record. >> shannon: catherine herridge, thank you very much. right, democrat elijah cummings says his committee will investigate presidential advisors ivanka trump and her husband jared kushner in connection with these of a private email account for official weight house business. "we launched a bipartisan investigation last year and white house officials use of private email accounts for official business by the way it never gave us the information we requested." we need those documents to ensure ivanka trump, jared kushner and others officials are
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complying with federal records laws." we told you about senate judiciary committee chairman chuck grassley street tonight. questioning white chief justice roberts didn't publicly condemn criticism of the high court. much to discuss tonight. national security attorney, bradley moss. former deputy assistant attorney general, john yoo. in 2015, the headline from "the washington post" asking why president obama was constantly taking on the supreme court so we want to play a couple things to remind folks about how he did clash with the court publicly. >> last week the supreme court reversed a century of law that i believe will open the floodgates for special
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interests. including foreign corporations. to spend without limit in our elections. >> i'm confident the supreme court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of the democratically elected congress. >> shannon: the second clip, he is referring to the affordable care act. at the time, and the justices were behind closed doors, hashing it out and getting it ready to write their opinions, the first one of the state of the union and got that characterization of the ruling so wrong that even politico -- excuse me. politifact didn't buy it. bradley, that is saying something. >> president trump is not the first one to have criticism of the judiciary, to criticize particular rulings. what you didn't hearing those clips that you played in which you wouldn't hear clips if you pulled it from bush, the petty, juvenile grade school mockery he
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uses. his twitter commentary, calling them so-called judges, saying they don't know what they are talking about, saying that they don't care about national security. that type of vitriol, that verbiage is what concerned the chief justice in my view and it's why the chief justice did this rather unusual thing to publicly respond and say there are no obama judges or trump judges. >> shannon: john, give us some historical context. >> john roberts ought to grow up. he is a big boy. judges are big boys and big girls. they have life tenure. they should not listen to what presidents do. their only job is to decide cases as they see them. president trump, in response to your question, follows a long line of presidents who have attacked judges, attacked the supreme court and has done things much worse than president trump. thomas jefferson, andrew jackson, abraham lincoln
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and franklin roosevelt. franklin roosevelt tried to pack the court, added six justices to the supreme court because he didn't like the way justices were trying to block the new deal. the real answer is that john roberts should stick his fingers in his ears and stop listening to president trump's policies. >> shannon: a lot of people surprised he would engage in any way. obviously he's going to be very defensive and protective of the way judges are viewed across the board. as to whether or not you can say someone is an obama judge or a trump judge, those kinds of things, we all know that presidents choose judges that agree with their judicial philosophy. here is rush limbaugh on the idea of pretending that that's not so. >> we sure as -- the ninth circuit court of appeals. that's where they all go. everyone knows we have obama judges. obama has appointed left-wing hacks to act as judges. >> shannon: people would say
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president bush and president trump picked people who lined up with their judicial philosophies but you wouldn't pick someone you thought was going to go against the way you view the constitution, statutory interpretation. >> it's a simplistic view that the president has on how judges operate. i litigate all the time. i've litigated before bush, clinton, obama judges are now trump judges. by and large, small fraction of the cases, the judges are not what you think of in terms of they are just doing their politician's bidding. they apply the law as they saw it. doesn't always go the original -- the way the original president who appointed them may have sought but that's how they do their job. it's the best view of how they see the lobbying applied. to characterize them as obama judges or trump judges is simply not the reality. >> shannon: judges i think take an oath not to be partisan, not to serve any particular interest. wasting judges rule against, justices rule against the president to appoint them. they can be objective.
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>> the problem is we have to distinguish between partisanship and ideology. as you mentioned, one of the reasons we elect presidents and one of the main reasons conservatives supported president trump was because he promised to appoint a certain kind of judge who would limit his discretion to the original meaning of the constitution and obama judges in clinton judges are picked on very different ideological grounds. not democrat-republican. just different ways of looking at the constitution. i'm afraid when you look at the lineup of judges who are resisting the president's immigration order here and the travel ban before, they all tend to have been appointed by clinton and obama judges and the ones that upheld the ban tend to have been appointed by president bush, reagan were now trump. that's what what the constitutn envisions because it gives the power to nominate justices in the president and gives their confirmation to an elected senate. the framers didn't want our judges to be actually kind of nonpartisan, neutral people. they wanted politics to be
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involved in their appointment. >> shannon: the fact is that these opponents of the president are no dummies. they filing ninth circuit for very specific purpose because they know their best chance is they are and that's just factual. john then bradley, thank you both and have a wonderful thanksgiving. no thanksgiving eve show would be complete without us reporting on the rotations of thanksgiving travel. there are traffic jams in los angeles. the rain is not helping things. look at that. aaa expecting the number of drivers this holiday season will spike to the biggest member since 2005. traffic trouble hitting the bay area as well. pictures from earlier tonight over emeryville california. if you are stuck behind the wheel and you need someone to blame other than yourself, well, here's what the president said in a tweet. "you just can't win with the fake news media. a big story today is that because i have pushed so hard and gotten gasoline prices so low, more people are driving and i have caused traffic jams throughout our great nation. sorry everyone!"
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that actually made me laugh. aaa says while gas prices are dipping, they are still higher than they were this time last year. be safe out there. the white house authorizes troops to use lethal force at the seven border. defense chief jim mattis said there's a whole lot more to that story. we will explain. the power panel is here to break it down right after the break. frequent heartburn waking him up. now that dream is a reality. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?
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>> shannon: defense secretary jim mattis revealing today the white house is giving him an additional authority to use the military at the border to protect customs and order personnel with lethal force if necessary. it could mean using the troops to temporarily detain migrants for "minutes, not ours, we are told. in the event of violence against border patrol agents. general matters also saying that that leave a fourth authorization is not the same as a lethal force request which hao come from the homeland security. soldiers deployed to the border are on unarmed. >> there's been no call for lethal force from dhs. right away i can say going back to your earlier point we don't have guns in their hands right now other than a couple ncos. >> shannon: the number of americans hiding immigration is
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a problem, the biggest problem in the u.s., is rising sharply. this is all according to recent gallup polls. they keep running a list and a running track of a people that are the top issues. edges of immigrations top problem are up eight percentage points in one month. let's talk about it with tonight's panel. isaac wright, former acting i.c.e. director tom homan and former chief of staff to senator mike lee, boyd matheson. good to have you. i want to start with this, from the order signed today via white house chief of staff general john kelly, he says credible evidence in intelligence indicate that migrant caravans originating from central america and moving toward the seven border of the united states may prompt incidents of violence and disorder that could threaten u.s. customs and border patrol and other u.s. government
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personnel. tom, we are being told statement like that are hyperbolic in their really overplaying the real threat the border. >> though statements are 100% accurate, i can guarantee you that. i was the director of i can -- i know the law enforcement technis they are using. i won't show share them on open air but we know there's over 500 criminals in that one population. we know there's a lot of people that have been deported once before they're going to -- if they reenter illegally, it's a felony. there's a lot of intelligence. the president, secretary of homeland security have access to the most sophisticated intelligence in the world and i know what law enforcement techniques they are using. you can count, be sure that the data is correct. >> shannon: i want to point to a monmouth poll asking about the seriousness of the illegal immigration problem. new numbers out november, numbers up 70% of people in america that they talk to consider it a somewhat serious or very serious
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problem. isaac. >> i hope republicans keep reading the polls. every poll i saw said americans number one concern was health care leading up to the election. since then and given the election results in 40 u.s. house seats picked up by democrats, if republicans want to keep following those polls, i encourage them to keep doing it. >> shannon: did you like what happened in the senate? >> in the senate map we did as well as we could have! to or better, given the map of what seats were up. seven seats flipped in the gubernatorial offices and 300 to 700 seats picked up in legislatures across the country. >> shannon: that are for sitting incumbent president that we've seen for others in the past but that's another debate so let's get back to immigration. another part of this order signed by general kelly says deployed military personnel may perform activities that are reasonably necessary to ensure the protection and safety of federal personnel including a
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show or use of force including lethal force where necessary. crowd control, temporary detention. we are told by the defense secretary himself that these guys are not armed. >> we have to be very careful in terms of looking at how this plays in the political rhetoric space as opposed to the reality of what's happening the border. the american citizens are concerned for sure but the thing that we have to remember is that i'm convinced we could solve 94% of the immigration issue in an afternoon on the floor of the house and senate. we should call on nancy pelosi and mitch mcconnell on the first day they are in session, they could get it done before the sun goes down. >> shannon: why aren't they? >> because it's political. people use it to raise hundreds of millions of dollars every single year, both political parties and campaigns and outside groups raise the money. they use it edit wedge issue. we have to get back to, everyone agrees we need order security,
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better entry-exit system, redo the visa process. everyone agrees on all those things but it's the politics that's getting in the way, and that's what we have to unmask for the american people. we have to expect more from both parties. this is not left or right. this is the people in power making sure they stay in power on both sides of the aisle. >> shannon: what about the average american, people who are impacted by this on a daily basis in their real lives. they elect these people and send them here. >> that's one of the real challenges because you are right, shannon. this is a "we the people" problem. congress has an approval rating of 11%, 11%. that's lower than the influenza virus. we reelected 90% of incumbents back into office. citizens have to say yes, this is impacting my life and my world. we need to do things a little bit different. >> shannon: okay. >> sweeping change in the u.s. house and given the fact republicans have controlled the white house and both chambers of congress for two years and
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completely failed at addressing this issue, hopefully there's hope to do so now. >> shannon: just as democrats did with president obama, they had two years to change it too. democrats and republicans alike are not into solving this problem in a serious way. >> if i can finish what i was going to say, there's 750,000 cases right now in backlog of asylum-seekers. estimates between 5,010,000 people in the caravan seeking asylum. it's mostly poor people, folks fleeing from bad situations, trying to seek the american dream. we owe it if were going to be a global leader to do the right thing and process those cases. if people are criminals, send them home but if they are here legitimately as asylum-seekers, we should do it. we need to fix the system that has three quarters of a million backlog in cases right now. >> shannon: tom, that's been a problem building for generations. it's something that's not going to go away. you saw it firsthand. is there a difference between
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people coming here for a better economic opportunity legally or illegally and those who are coming because the conditions in their country are truly violent and they actually need asylum. we know that fraction of cases that are actually proved after asylum hearings are really low and a lot of times those people are already in the country and they're not coming back. >> bottom line is your last speaker is wrong. the data speaks for itself. you have a lot of them fling poverty. i get it and i feel bad. >> 89% to 90% of central americans claim asylum. it's a stone cold fact. they can stand in line with millions of other people, stay in line for 10 to 12 years waiting to get in the country. you have to be escaping fear of persecution for your political views, race or religion. fling poverty unfortunate doesn't qualify for asylum. the speaker talked about congress.
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i agree 100%. what i've been saying the reason the caravan is on the borders because congress has failed the american people. they are not close the loophole loopholes. give i.c.e., so they are not catch and release. they could have fixed a lot of this. congress has failed the american people. that's why the caravan is here and as far as the democrats when they start talking about abolishing i.c.e., support sanctuary cities, that entices people. there's a lot of blame to go around. we have a president taking it seriously. i have worked for six of them. this president made a promise to protect our border and protect the sovereignty of the country that's exactly what he's doing and i applaud him. >> shannon: it upsets a lot of people. he upsets a lot of people. presence or anybody touch it is almost situation when you talk about the border, people say they want secure borders. when you talk about pacific things like cracking down, turning their families, building walls, that's where the rubber meets the road and a lot of
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politicians as we have discussed across applicable spectrum can't get it done because it become such a contentious issue. we didn't solve it tonight but i do hope all of you have a wonderful thanksgiving and maybe you can discuss or not around the thanksgiving table tomorrow. isaac, tom, boyd. >> happy thanksgiving. >> shannon: a win for president trump on the international stage. coming up next. >> we encourage all nations and organizations part of interpol in that respect the rule of law to choose a leader with credibility and integrity that reflects one of the world's most critical law enforcement bodies. because there are options. 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. xeljanz xr can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections,
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the route and if the balloons e to fly at a lower altitude or not at all. it's been called a foreign policy win for the trump administration. south korean official defeated a russian general interface for the presidency of interpol. ellison barber has more of what it means. hello. >> this came as a pretty big surprise. russia's alexander, longtime veteran of russian security services was favored to win andt international police organization. a bipartisan group wrote a letter encouraging the trump administration and members have interposed general assembly to oppose him. they accused russia of exploiting interpol. alexander, the letter said had been personally involved in this intimidation strategy. south korea's secured support
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from the member countries a day before rush of the vote, the white house publicly came out against. >> choose a leader. we believe mr. kim will be just that. >> britain lobbied against prokopchuk. some said they would leave interpol if prokopchuk won. kim secured support from two-thirds of the agency. russia is not disputing the results but they are accusing the u.s. and others of election interference. take a listen. >> translator: the election was held in an environment of the unprecedented pressure and interference.
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>> critics say moscow would've turned interpol into a weapon to track down whoever they wanted. >> this russian will be acting on the instructions of vladimir putin to put his representative in charge of the most important international crime-fighting organization. it's like putting the mafia in charge. >> countries like russia, turkey, egypt, iran, china have been accused of using interpol for nefarious purposes. the last interpol president went missing in china. the government detained him. his wife said it was political persecution. she thinks he might be dead. this election put all those issues back in the spotlight. some watchdog groups are calling on interpol to take more steps to strengthen their rules and prevent abuse. >> shannon: really important story. thank you. an american missionary killed after apparently traveling to an island inhabited by a nicely to
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try for that story leads where in the world. police say john allen chow. he felt it was his mission to go there. fishermen have been arrested for helping him visit the island. to italy, police arrested an egyptian man accused of supporting the islamic state. officials say the suspect is the latest of more than 300 jihadist sympathizers to be kicked out of italy. hundreds of police clashed with protesters and in venezuela. police dispersed teargas to break up the students railing at the central university in caracas. calling for better conditions at all the nations universities. colombia seeking to ease tension at a camp with the soccer game between colombians and venezuelans. after more than a dozen venezuelan migrants expelled from the camp as after they reportedly looted supplies in clashed with police.
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>> shannon: thanksgiving is one of the busiest days of the year for firefighters. national fire protection association does not want you to get hurt doing this. deep frying your turkey which is delicious. officials warning if you are frying your bird, make sure it's completely thawed before you drop it into the boiling oil and of course do it outside. an up-and-comer in the
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democratic party, congressman using profanity to go after trump and his decision to stand by saudi arabia despite the murder of journalist jamal khashoggi. tweeting "being saudi arabia's b-word is not america first," leading to responses like this "and how would you describe your fondness for assad, asking for the 500,000 he murdered." let's bring back the panel. isaac wright and boyd matheson. larry o'connor. i will let you start us off. >> we have reached a ludicrous time here in washington, d.c., where you have the nuance of the
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congress when using profanity with regard to this really complicated issue. i'm sorry. i know people want things to be black and white. oh, okay. the cia thinks the saudi government is responsible for khashoggi's murder and they might be so then we are supposed to cut ties? force the ouster of their head of state? that worked really well for us in libya, didn't it? the fact is it's complicated and we have a tenuous relationship in the region. iran is involved. oil prices globally are involved. this is a complicated issue and the fact of the matter is the president did put personal sanctions on 17 different saudi nationals who were suspected to be part of the crime. not dissimilar to what president obama did with regard to individual russians involved in illegal annexation of the crimean peninsula. that's the annexation of the crimean peninsula compared to the murder of this one person. neither of those are good and neither call for swift and drew crony in action. sometimes a commander in chief,
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head of state has decent, gated maneuvering. >> shannon: there's bipartisan pushback for those who think the president should've gone much further in his comments he made yesterday. that includes congress -- senator republican lindsey graham who is a very close confidant and ally of the president on many things. but he thinks are needed to be a tougher line here is what he said. >> historic opportunity to tell the people in the mid east there is a new sheriff in town and if you disrespect us and trample over civilized norms coming or going to pay a price. >> shannon: graham, like others has made the distinction between the saudi arabian kingdom and the crown prince, suggesting that they need to get rid of the crown prince. he can't be the leader in us continue the same kind of relationship that we've had. do you think there's any possibility that change happens? >> i hope so. i hope -- i think lindsey graham and others have introduced legislation to try to force the administration to levy sanctions against the crown prince. they need to. this was clearly a murdered --
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murder effort that was by all accounts and sources linked back to the crown prince. this is something wrong. right and wrong should not become located by oil prices and it's shameful that donald trump books that it that it is. >> shannon: one of the things that got him in heat yesterday were's comments. he said of the crown prince and whether he ordered it, maybe he did and maybe he didn't. those say that the cia has been more specific. we have a letter from senators corker and menendez. foreign relations policy committee. saying this to the president. they reference in october 10 letter they initially sent wanting a determination regarding sanctions under the magnitsky act. "we request your determination specifically address whether crown prince mohammed bill mohan is responsible for mr. khashoggi's murder.
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"this is a request to the president. be clear about what you think. >> one of the things we have to be careful of in this, we have to be careful of the fallacy of the false choice. we need to have sanctions in terms of the murder, absolutely. and we need to be able to deal with other things in the region like iran and yemen. the real leadership quality for the 21st century is how do you deal with allies and alliances. how do you go against people on certain issues but then align with them on others? we see that with russia and china. were going to compete against them when it comes to freedom, election tampering, copyright infringement and those things but out they are also critical allies dealing with north korea. we see it in europe. we are going to compete on trade and tariffs but we need to align on human rights and a host of other things. we have to be very careful of this false choice premise that
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again our politics leads us into. it's allies and alliances. this is one area where president trump's ability to be transactional is actually helpful. he can say i'm going to compete on this or sanction against that or drive a wedge here but then i'm going to come together on the things that are in america's best interest. >> shannon: this administration has abdicated our role as a global leader and now we are abdicating our role as a moral leader. >> shannon: in one sentence? in one sense? those are those who would say on that specific issue, but there are others who would say they elected this president to do exactly what he's done which is to do things like pull out of the paris climate trade agreement, the iran nuclear deal which a lot of people have massive questions about. >> there's $135 trillion at stake -- >> shannon: hold on a second. hold on. we can't hear any of you if you're going to do this.
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guys, guys, gentlemen. gentlemen. we can kill mics. okay, let's do this one at a time. larry, you will get your time. >> he has had plenty of time. shannon, you are right. we should all downshift on the hubris. like it or not, we don't have a great track record in the region, forcing the ouster of leaders. do we forget the moral clarity we had during the arab spring that forced qaddafi out and how that was for libya and our interests. the fact of the matter is this president did not run on the idea he was going to spread american ideals around the world. you may not like that but he ran on the idea that we are going to enter into alliances that are benefiting. >> shannon: make sure i get isaac in here. >> because he didn't have enough to say. >> shannon: we want to give him fair time. >> america should be a shining light on a hill.
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we shouldn't put the light under a bushel. we should export the american ideals to the globe. >> shannon: boyd, will can we do that? >> we have done it historically and we need to do it again. rule of law, compassion, those things are american values and we can thread the needle. >> shannon: will have all three of you back and we will have our own summit and figure it all out. in the meantime, happy thanksgiving. much like the man he replaced, justice kavanaugh could be the deciding factor on a number of key court cases coming up. "fox news @ night" takes you inside the issues and cases and how cabin on a roll next. -- kavanaugh may rule next. understand the details and get approved in as few as eight minutes.
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>> shannon: the newest member of the supreme court fresh off the most contentious senate judicial confirmation and history is getting ready for a range of big cases, issues like immigration, presidential power and religion. he could be a deciding vote on any number of those cases, we have put together a preview. >> days into his tenure, justice brett kavanaugh hearing his first death penalty case, showing some concern over the lethal injection method a death row inmate faces. >> even if the method creates
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gruesome and brutal pain, you can still do it because there's no alternative. is there any women on that. >> capital punishment is one of several hot button issues. he could prove to be the decisive swing vote. >> if you look at death penalty, abortion, immigration, administrative law questions, these are all cases and issues and disputes that have split the court along partisan lines. 4-4. now there's a new justice and i think everyone is going to be angling for his vote. >> shannon: the most immediate area of concern is immigration. more than a half-dozen separate issues clogging federal courts including the administration's new restrictions on illegal immigrant asylum cases, including those now in migrant caravans of mexico. the justice department's lawsuit against california's sanctuary city laws allowing local officials to refuse to work with federal authorities. environmental groups trying to hold border wall construction. efforts to eliminate the daca
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program. young illegal immigrants living and working in the u.s. disputes originally originatine ninth circuit. what often infuriates the president, local federal judges issuing nationwide injunctions, blocking his immigration agenda not only in their districts but across the country. >> every case gets filed in the ninth circuit, we get beaten and then we end up having to go to the supreme court. it's a disgrace what happens with the ninth circuit. >> shannon: another legal challenge the president, has power to make temporary appointments especially his acting attorney general. >> matt whitaker is doing a fantastic job. >> the man named to replace jeff sessions has never had senate confirmation for a top admin assertion post. critics call it a constitutional violation. now the supreme court being asked to weigh in. since whitaker is overseeing the mueller probe into alleged russian occlusion in the 2016
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election and is given no indication he will recuse. some white house supporters worry that kavanaugh and his conservative colleagues could do to trump what they did to his predecessor. justice clarence thomas last year ruled against president obama's decision to appoint a top labor board official without senate confirmation. presidential power of another sort. in february, the justices were weighted to the controversy over plan statuses and should question to the twin twentysomethings. also on the high court's docket whether this war memorial in the shape of the cross violates the constitutional separation of church and state. it's on government land and lower courts have ordered its removal. could be the first divisive social issues justice kavanaugh will face, testing his conservative credentials. his approach to these hot button issues, say legal experts, may surprise some. >> he's not going to try to establish a reputation right out of the gate as a bomb thrower. >> when people look back on kavanaugh's first year on the
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bench, they are going to say this is the right guy the right time. >> shannon: after thanks giving break, the court will be back in session monday morning for a new round of oral arguments. time for tonight's midnight hero. 100-year-old world war ii veteran has received the highest honor from the french government. the retired lieutenant colonel from kentucky was awarded the french legion of honor. in 1944, he was in german occupied france. he saved the lives of 14 soldiers after they were bombarded by enemy fire. the consul general of france said while pinning the metal on him, without this gentlemen, my flag would not be standing. lieutenant colonel william pollard is our midnight hero. thank you very much. we are thankful for you and all the men and women serving around the world tonight and every night. and families who serve along with you. we couldn't be more grateful for you and you our viewers. our staff and team here at "fox news @ night," thank you for your support. we hope you have a fantastic day
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with family and friends and those you love tomorrow. so glad you spent the evening with us. good night from washington. i'm shannon bream. today... back pain can't win. now introducing aleve back and muscle pain. only aleve targets tough pain for up to 12 hours with just one pill. aleve back & muscle. all day strong. all day long. means they won't hike your rates over one mistake. see, liberty mutual doesn't hold grudges. for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. ♪ liberty. liberty. liberty. liberty. ♪
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♪ ♪ >> good evening, welcome to tucker carlson tonight, i'm mark steyn, in for tucker, thanksgiving eve. he will be making a specialst appearance later in the show. but first, that's the migrant caravan looming on the u.s.-mexico border, 3,000 people are encamped in tijuana and the federal government says they could grow to a mass of 10,000 or more. a representative of the group angels without borders say the migrants are considering something truly unbelievable, a human stampede across the southern border of the united states. meanwhile, a new gallop poll shows that the percentage of

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