tv Shepard Smith Reporting FOX News July 11, 2019 12:00pm-1:00pm PDT
that that will get the pets noticed and adopted. like who wouldn't want to adopt that little one there? these adorable pets are finding homes, not to mention doing it in style. see you on "the five." here's shep. >> shepard: noon on the west coast, 3:00 in south florida. a former state prosecutor says the labor secretary, alex acosta is trying to rewrite history in the case of the convicted sex offender, jeffery epstein. now there's word another prosecutor tried to do something for epstein that apparently overwhelmed one judge. reporting begins now. and a live look at the white house. we're expecting to hear from president trump in this hour. later this afternoon, he is set to announce some sort of executive action to get some sort of count of how many people are in the united states as citizens. as sources now tell us, they expect the president will not
order the commerce department to include a citizenship question in the upcoming census. john roberts has more. >> the president will this afternoon at 5:00 issue some sort of executive action on this idea of citizenship. certainly he has support from his congressional republican colleagues on finding out how many people in this country are citizens. listen to congressman mccarthy. >> the president has the right to do it. the supreme court said that in the process, if you read it. for more than 150 years, this question has been there one way or another in a long form or short form. the census comes around once every ten years. we asked numerous amount of questions, this is data that we should have right to know. you have to have the correct number. >> it's unclear what the president will do. several sources are steering me away from the idea that he will order the commerce department to put a citizenship question on
the upcoming census. it was believed this morning that's what the president would do. i'm being told he's not going to do that. he's going to take some other course of action. we don't know what that course of action may be, but the american community survey -- here's a copy of page 8 of that, for example -- asks the question if the person who is answering this survey an american citizen. now, this survey goes out every year, not every ten years as the census does, to about 3.5 million households. is it possible that they may scale that up for 2020? that's one of the things that is being kicked around. there's still i'm told standing off the edges of what the. may announce this afternoon at 5:00. the one thing that we know, it's not about putting the question on the census. earlier this morning the house minority leader, steve scalise, suggested the president was going to take a different tact.
listen here. >> i strongly support the president doing this. the supreme court left that door open for president trump to come back and do it in a different way, to ask the question in an appropriate way. the president has been working to make sure that it's done the right way in compliance with what the supreme court allowed in their recent ruling. >> when the white house went to the supreme court for the question to be put on the census, they wanted to enforce the voting rights act. poppycock said the democrats. the supreme court didn't like it too much either. democrats say it's about politics. it was found that if you were to add the citizenship question to the census, whites and republicans would benefit in the redrawing of congressional districts. listen to senator chuck schumer a little while ago. >> the true rationale is to --
is blatantly political and self-serving. president trump wants to include the citizenship question to intimidate minorities, particularly latinos from answering the census so that it undercounts those communities and republicans with redraw congressional districts to their advantage. >> democrats insist a citizenship question will not be on the 2020 census. if for nothing else, the forms have already been printed up. here's nancy pelosi. >> june 30th was the deadline. we're printing the norms. we fully expect the census to go forward. the president's effort to put this citizenship question on the census will continue to be challenged in court. the supreme court destroyed their argument that the question was needed to support the voting rights act. >> so again the headline from this hour is multiple sources are telling fox news that the president's executive order will
not direct the commerce department to add a citizenship question to the census. it will be something else. again, we don't know what that something else is, but one thing that you can be certain of, whatever the else is, it will almost certainly be immediately challenged in court the second the president puts pen to paper. shep? >> shepard: i'm confident it will. twitter is down at the moment. so if the president wants to respond, he can't use that form for now. subpoenas are coming to a dozen people close to the president. house democrats have voted to authorize subpoenas for a group of people that were named in robert mueller's report. those witnesses are to include the president's son-in-law, senior adviser jared kushner, the former attorney general, jeff sessions, plus the former national inquirer company david pecker and others. catherine herridge reporting live from d.c. katherine? >> democrats say the subpoena go to the heart of the obstruction of justice allegation.
they say they're important witnesses because they have first hand knowledge of the acts or what they call fact witnesses. >> so they're not underlings, they're direct witnesses to crimes. mr. mueller will testify, too. he had four or five instances of obstruction of justice, minute all three elements were met. >> as you mentioned, those under subpoena include current and former administration officials, deputy attorney general rod rosenstein with the first hand knowledge of firing of james comey, john kelly, former national security adviser, mike flynn, the president adviser jared kushner as well as you mentioned david pecker from american media who is connected to the so-called hush money payments. meantime, republicans accused democrats of putting the cart
before the horse and issuing the subpoenas absent significant negotiations to secure the witness testimony. >> this is not a new issue. the courts consistently back the presidency. that congress tried to subpoena them after they left the white house and the courts say the same immunity implies. if this is an impeachable offense, every president since i've born would have been i'm peached. >> special counsel robert mueller's testimony next week. the logistics remain in flux. as it stands, mueller is scheduled to testify before the house intelligence committee in the afternoon. there is a sticking point of house rule 11 which mandates that every member is allowed five minutes to ask questions. with a two-hour time limit, that will be impossible in the judiciary committee. the republicans may choose to run a lot of interference to run out the clock.
shep? >> shepard: thanks, catherine. state of emergency declared in louisiana. the first tropical storm of the gulf season formed this afternoon. meteorologists are predicting it will come ashore likely as a hurricane late friday and saturday. the big concern here is not the wind but the water. the mississippi is already at historic highs due to heavy rain and snow melt upriver. add to that a possible foot or more of rain and there's a possibility of trouble. flooding took over the business district yesterday in new orleans affecting hotels and businesses there. some cars stranded as people got around using kayaks. the levees holding. the question is, whether the water will get so high that some of them could be topped. a live report from the big easy later in this hour. first, rick reichmuth is live. rick? >> the biggest concern, the french corridor is below sea
level. if the water is at least at the height of the levy, there's no place for it to go. that's a concern. this is a storm that doesn't have its act together. that's good news. don't have a lot of time for that to happen. there's the center of the storm. you can see this action away from it. that means a lot of people will get a lot of rain. it's a good thing. doesn't have its act together. the water here is incredibly warm. we're breaking records for temperatures here across the gulf. these are temperatures that you'd see at the peak of hurricane season, not still just into early july. we have temperatures around 90 degrees. because of those water temperatures, they're giving it a chance to get to a category one hurricane. again, don't pay attention to the center point. all that moisture is all around the storm. we're going to see some storm surge. storm surge won't be that strong. if you have 3 to 6 feet of storm surge and moving up the mississippi river, some of that can get up towards new orleans.
that's where we'll see the water moving up, we'll see the water falling down from the sky and won't get it drained out quickly. the surge will be big. this is one of the models here. we have 20-inches of rain. very heavy rain across mississippi, alabama, tennessee that will cause flooding. the immediate 20 inches may be around new orleans, may be just to the west of it. whatever happens, somebody will get flooding. if that fall around the new orleans area, we're going to be watching very closely for those levees. they're holding now but a lot of pressure on them. we'll see what happens. >> it's not just the upriver rain either. they've mad so much rain through the spring and early summer. >> yeah, you have the upriver rain, to north dakota that caused all the flooding. all that water is still at flood stages along the mississippi from rain the last number of
months. you're right. we've ban water logged in the south. no place for the water to go. the rivers are all full. so where does that water go? hopefully it doesn't go inside the levies. >> certainly hope not. thanks, rick. breaking just in. canadian media are now reporting this. some 35 people have been hurt after severe turbulence on an air canada flight. nine of them have just been taken to hospitals, this from the faa. this jet was flying from vancouver to sydney, australia. it was forced to make a stop in hawaii. the crew requested medical personnel meet the aircraft at the gate. nine people off to hospitals. one passenger told khon that "it was like a second but enough to see everybody jump." some people weren't strapped in. you saw them rise in the air, hit their heads on the roof.
it was quite intense." that's the reason when they say keep the seat belts on because of severe turbulence. it just happened on a flight that landed in honolulu. ahead, the labor secretary, alex acosta, getting a world of push-back after his efforts to defend the deal he cut with jeffery epstein who is a convicted sex offender and facing new charges. a former state prosecutor said alex acosta's version of the story is wrong. the other side as our reporting continues on this thursday afternoon. my insurance rates are probably gonna double. but dad, you've got allstate. with accident forgiveness they guarantee your rates won't go up just because of an accident. smart kid. indeed. are you in good hands? o♪ ozempic®! ♪ oh! oh! (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults
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acosta claims that he did what he could because the state attorney was going to let epstein walk free. that state attorney now says that acosta is completely wrong. he says the u.s. attorney's office could have pursued their own charges, which they could have, but they abandoned the diamond. a 53-page indictment that his own office put together after a sit-down and discussion with epstein's lawyers. alex acosta said he wanted to make sure that epstein went to jail, which he did, sort of. under the deal, epstein did spend a little more than a year in a county lockup but able to leave during the day six day as week. acosta said he didn't agree to the work release part of the deal but it did happen. this week federal prosecutors in new york accused epstein of running an underage sex trafficking ring and abusing
dozens of girls in his manhattan mansion and estate in palm beach. bryan llenas is live with more. alex acosta is not the only one facing questions here. >> in 2011, questions about his status of a sexual offender. cy vance's office argued in court that epstein should not be registered as a top level 3 sex offender in new york but rather a level one. despite the fact that according to the "new york post" that deeped epstein to be dangerous and keep molesting girls. justice pickles was so shocked, she said i have to tell you i'm overwhelmed because i have never seen the prosecutor's office do anything like this. i have never seen it. the da's office acknowledged in 2015 that they made a mistake and epstein was classified as a level 3 offender. meantime, defense attorneys have
submitted a written argument saying it's safe to let jeffery epstein out on bail. in it, his attorneys say epstein is willing to put up his private jet and new york city mansion as lateral. epstein's bail hearing is monday. prosecutors say he's an extreme flight risk due to his wealth. shep? >> shepard: thanks, bryan llenas. bob bianchi is here. epstein's team is like we want out on bail. we'll give up $77 million. >> yeah, thanks. that's a cent to somebody like me and you. >> shepard: the question is, alex acosta says when he was a federal prosecutor down in florida, he did what he could do. there were no guarantees. >> shep, this is an outrage. they have a 53-page indictment. prosecutors live for cases like
this, child exploitation, trafficking. 80 victims. 30 were cooperating with the fbi. do the math. these agents are doing thousands and thousands of work. they're preparing a 53-page indictment to go after this guy because he represents a continuing danger to other children and then there's a meeting, not on campus as we call it, not in the office, in a hotel at a time that he's getting ready to leave office because the obama administration was coming up. then they have the meeting. a nonprosecution agreement? i agree with the state's attorney that shares blame for this. when i was a state attorney a 15-20 plea offer. the feds have more power. they could hit him with more. they wouldn't have lost this case probably based on the evidence that we know right now and he would have ben spending the rest of his life in jail.
>> shepard: wouldn't you like to know what happened in that discussion? what was the real conversation why this man that is facing the women that said when i was a child he raped me or abused me? how he didn't get the prosecution? >> there's a quid pro quo here. the investigation ends. who are the other victims? who are the other people that need protection from the government? investigation after investigation. the indictment never goes anywhere. and in this nonprosecution agreement, the accomplices and unnamed conspirators are immune for prosecution. where have you heard such a thing. acosta says we were going after him. we don't go for the smaller fish. they go after everyone. >> shepard: he didn't have much to say for the victims. he didn't say i'm sorry. i wish we would have done more. there was none of that language. >> no. it's insensitive. he victimized them a second time
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>> shepard: iran tried and failed to block a british oil tanker from passing through the strait of hormuz when a u.k. warship intercepted the series of boats. that's according to the british navy. u.s. defense officials confirm to fox news that an american military aircraft was overhead at the same time. iran denies that they tried to stop the ship and the country's foreign minister says the claims by the british have no value. just yesterday, iran's president warned there will be consequences after britain seized an iranian tanker on the
fourth of july. u.s. officials say the iranian ship was headed to syria, a violation of e.u. sanctions. tehran denied that as well. trey yingst reporting live. trey? >> shep, iran did try to confront that british oil tankner the strait of hormuz. a smaller british gun vote intervened warning them to back away. the tanker is owned by bp. the british defense minister called on iran to deescalate the situation. >> obviously very concerning developments, but also very proud of the royal navy and the role that they played in keeping british assets, british shipping safe. we are continuing to monitor the situation very, very carefully. >> now, whilety rainians are denying any involvement in the event, this caused the british government to raise the security
warning for vessels traveling in iranian waters. shep? >> shepard: talk more about what led to this. >> last week there was an iranian vessel that was seized by british forces in the mediterranean in the strait of gibraltar. it was suspected of carrying iranian oil to syria. this morning iran said there would be consequences if the tanker wasn't released. these maritime events coupled with two violations this morn of the iran nuclear deal by tehran raising some tensions in the region amid an already fragile situation. shep? >> shepard: john atmen from the center of strategic and international studies a bipartisan policy research organization. good to see you. >> good to see you, shep. >> shepard: big picture, what do you think here? >> i think the iranians are
trying to create a crisis without a war. the things that they're supposed to have been doing, there's no deaths. they've caused economic pain, but nobody has died and that strikes me that this is probably a fairly calibrated effort and calibrated it pretty well so far. >> shepard: so the goal, is that to drive a wedge between the u.s. and allies, separate them and side with the iranians or what is it? >> i think that's part of it. they would really like to force a negotiation that doesn't require them to give up anything. they don't want to start making concessions just to talk. their feeling is we made a nuclear deal. if you want more than that, then you have to give us more. the u.s. walked away from the nuclear deal. they have lots of tentacles in lots of places to cause lots of problems. the message the iranians say, you cause problems for us, we'll
cause problems for you. >> shepard: can you figure out what the iranian strategy of the united states is? >> the strategy is we will make them cry uncle. we'll put -- >> shepard: i meant the strategy to do that. >> how do you do that? their economy is in miserable shape. partly it was in miserable shape and that's why they signed up to the nuclear agreement. the trump administration came in. there's other things the iranians are doing wrong. let's put the pressure on again, let's get an even better agreement. i'm not sure how they know how to get them into a better agreement. right now the iranian economy is in really bad shape with no prospect in the near term for getting better. >> shepard: thanks, jon alterman. more on tropical storm berry as it brings rain to the coast of louisiana. the warning from some scientists about flood waters there. a live report coming up.
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count the number of citizens in other way. the president can't tweet on it so there's no other way. i guess he can go up to the microphones. the official announcement will be at 5:00 d.c. time this afternoon. you know how that goes. the president does things on his own time. if he changes his mind, he will let us know. we're expecting to hear from the president minutes from now when reporters will likely ask him about that and the other big topics of the day and maybe get him to weigh-in on twitter, which is down. updates coming. fox weather alert. more on tropical storm berry which is taking aim at louisiana. it's over texas and all of louisiana in the way. the louisiana governor declaring a state of merge and urning people to get out if they can. rick leventhal is in the big easy. i hear it's been wait for days right now. >> it's dry right how but
expecting more rain. that's a huge concern. the governor said this is the first time in the history of the city of new orleans for a hurricane to make a landfall while the mississippi is at flood stage and rising. whether it overtops the levees is a big concern. it's normally 16 feet. it's made its way against this levee which borders the ninth ward, which in 2005 this area was decimated by flood waters. the levees have been reinforced and built higher. they're between 25 and 20 feet. we're expecting the river to rise 19 feet. it's close. maybe up to 20 inches of rain in some parts in and around the city of new orleans. the storm surge could be 3 to 5 feet. the river will get higher.
the question is will it overtop the levees and swamp these neighborhoods. yesterday they got about eight inches in three house. a lot of streets flooded because of that. they're talking and 10-15 inches in a 24-hour period. there will be more flooding. they're saying the hurricane, if it does return reach hurricane strength, could hit late friday, saturday morning. everybody is on guard here. there's been some mandatory evacuation orders including placaman's parish. they're closing flood walls there and the people on the south side, if they don't leave now, they could be blocked in until the storm passes. many people are not planning to get out. that's another area of concern there. >> shepard: what about the oil rigs? are they evacuating? >> they are.
about half of the oil production facilities and natural gas facilities are shutting down. about a third of the employees aboard those rigs and the platforms are evacuating. some of the rigs have been moved out of the path. they're taking precautions in the gulf because the storm is coming. >> shepard: it's this whole area. remember, the mississippi right there between louisiana and mississippi, so much flooding upriver. they had all of the snow melt and so much rain across the midwest. at the same time quietly because there's not much media in the deep south. it's been since christmas that this part of louisiana and alabama, they've had rain like nobody has ever seen. you know, it's just rained copious amounts of water over and over. so all of that region is water logged.
the mississippi is very high. historic levels already. they're worried about the storm sitting and dropping a lot of rain. a category one storm. it's not the wind. there could be a tornado. it's this deluge of water. the gulf is very hot for this time of year. in some areas around where this storm is forming, the water is 90 degrees. that a temperature that you don't see in the gulf of mexico until late august. so labor day, for the water to be this warm this early. climate change obviously is a part of this. they're worried about the rain coming in there. they're not ordering mandatory evacuations but they're saying if you can get away, if you can find a place, go there. police in kentucky say that they found a decomposed body and made an arrest in the disappearance of a young more. savannah spurlock was last seen alive more than six months ago leaving a bar with two men in the college town of lexington.
she just recently had given birth to twins. investigators say somebody reported a foul smell coming from a rural problem property. police say that's where they discovered the heavily decomposed remains. they arrested the man that lives there, david sparks. accused him of abusing a corpse and tampering with evidence. the medical examiner still working we're told to positively identify the remains. matt finn is on the case. he's leave outside the jail. spoke with the missing mother's father? is that right? >> i spoke with the missing -- the father of savannah spurlock. we spoke with him exclusively, this is a madison county jail where that suspect, david sparks, was initially booked. court officials say he had been arraigned and pleaded not guilty to the first two charges of tampering with physical evidence. also abuse of a corpse. with those type of charges, you have to wonder what police know. the big question right now is whether david sparks will be
charged with the murder of savannah spurlock. also, two other men seen on video with savannah spurlock the night she went missing. we're expecting a police conference in a matter of minutes. perhaps we'll learn more about the status of those two men and unfortunately where the status stands in identifying the corpse. we spoke to the father of savannah spurlock. he says that he fought off evil plans of revenge and prayed for answers. >> i couldn't go on years and not knowing what happened to my little girl. i couldn't do that. god knows that. that's why i brought this to an end. your boys will be taken care of good, all four of your boys are going to be good boys. >> that man, savannah's father, says he always felt that his daughter was no longer on this earth and that he was looking for her body. he tells us the first time today
savannah's oldest son will be told the trust about his mother. shep? >> shepard: who are you expecting to hear from? have they laid out an agenda? >> we're expecting to hear from state police and richmond, kentucky police. richmond, kentucky police were the lead rivera agency. i asked if they could give us any insight. they don't want to jump the gun, they say. the big question is identifying the corpse. >> shepard: continuing coverage of breaking news. i mentioned the plane disaster. 35 people are hurt after severe turbulence on an air canada flight. nine have been taken to hospitals. now remember the thing was going to australia, landed in hawaii on an emergency basis so they could get people to hospitals. now some of the passengers are talking. here, listen. >> there was an air on the head,
people had braces. some people were holding ribs and broken arms. >> just looked and everyone's head just -- everybody that kind have a seat belt on hit the roof. scary. >> everybody that didn't have a safety belt on hit the roof. let's go to pepper deroy from hurricane fall band. he says that he -- where are you from? maybe there's a typo here. >> hurricane falls australia. we were in canada on our way hope. >> and what happened? >> i came back from the toilet. the plane just fell from the sky. i never hit the roof so hard in all my life. happened in an instant. it was scary. i have to take my hat off to the staff. air canada. they were right on top of it. they couldn't have handled it
better. >> shepard: you're flying along and then it just drops? could you describe it for us? >> it was like being an astronaut for a couple seconds. the plane just dropped from the sky. then yeah -- anyone that was not strapped in hit the roof. >> shepard: and it's not like they had everybody locked down and the flight attendants seated. it was normal court of business? >> yeah. the flight was cruising along and it just happened. yeah, pretty bad. i hit the roof. there's a dent in my head that hit the luggage carrier. th we were rushed to the hospital. being taken care of. >> shepard: right when it happened, how did people around you react? what did you see and hear? >> i hit the roof.
i landed on the floor. i could feel the pain. everybody was shocked. the oxygen mask fell from the overhead. people were pretty shocked. it was a traumatic experience. >> over the next couple minutes, i'm guessing did they try to treat people? what did the flight attendant dos? >> people were bleeding. there was a crew there to assess the people that needed help. everybody got treated within the first five minutes. the people in the front of the plane said it was -- we landed in honolulu. the people that needed attention first were given treatment. they were on top of it.
i have never seen such an incident occur. yeah, it was handled very well. >> shepard: pepper deroy. incredible. how long between the time when turbulence hit and everybody went flying until you landed in honolulu? >> 1 1/2 hours. >> shepard: a long time. that must have been an eternity. >> thank got for drugs. the legal ones, of course. >> shepard: a shot of vodka couldn't hurt anybody at that point. >> yeah, if you could get it down. >> shepard: love the attitude. great to talk to you. pepper deroy. air canada is getting all kinds of love for the way they handled this thing. those of us that fly a lot, when you're seated in the chair, it's not -- leave it strapped. as he just described, it was
like being an astronaut, fell out of the air. everybody that wasn't strapped in, their heads hit. he said there was a dent the side of his head in the overhead compartment. doesn't sound fun drugs or no drugs. news continues in just a moment. or just put money in the bank. it even lowers your payments by over 600 dollars a month. as a veteran, you've earned the powerful va home loan benefit that lets you refinance up to 100 percent of your home's value. we all know some of life's most important financial decisions are made right here at the kitchen table. so, if you're a veteran and need cash, calling newday usa could be one of the best decisions you'll ever make.
it was down for 50 minutes. ironically while a bunch of right wing personalities are in the white house for a social media summit. controversy about people who are in there. that's for another day. a live look on social media. it's raining in the swamp. a little more than an hour from now, the president is scheduled to make an announcement about the citizenship question. sources are telling fox news that that question will not be on the census. fox news has covered both events in this hour. more to come, a man that claimed he was one of the most infamous fugitives of the last century and took it back has died. his name is robert rackstraw. to this day we still don't know whether he was also the hijacker known as d.b. cooper. the year was 1971. a man calling himself cooper told the flight attendant that he had a bomb and showed something in a bag, demanded
money and four parachutes. after the plan landed in seattle, he traded his hostages for cash and parachutes and ordered the pilot to fly to mexico. along the way, somewhere between seattle and reno, d.b. cooper disappeared. there was debate over which d.b. cooper survived. and then a long came this guy rackstraw. jonathan hunt picks it up from there. even if he was not the hijacker, rackstraw had a heck of a life. >> yeah, he was 75 years old when he died tuesday of a heart condition. before his death, he said he was a homeless disabled veteran. rackstraw was a paratrooper and former helicopter pilot. in the late 70s, he was unvestgation for the hijacking but he was ruled out because he was parentally too young to
match cooper's description. we spoke to author and film maker tom colbert who convinced that rackstraw was d.b. cooper. >> when the fbi shut the door on us, we had a hundred pieces of evidence that they wouldn't accept. be -- we were tipped the location of the parachute. we found it. we brought back tear. haven't heard from the fbi since. >> and there's a lot of evidence including letters and newspapers. >> somebody had put secret messages into all six letters, ha-ha, you can't catch me. they've all been connected to rackstrom. >> shepard: colbert says he's 150% convicted that rackstraw was d.b. cooper.
shep? >> shepard: a lot of people don't believe it though. >> yeah, there are. the anybody would never confirm or deny that rackstraw was one of thousands of suspects that looked at. colbert hopes the fbi will be more forthcoming. >> i hope it comes out. not 50 years like for j.f. kennedy. the evidence is there. they've been in their bunkers since 2017. our argument now is step forward. >> bottom line, shep, we may never know the truth. shep? >> shepard: thanks, jonathan. at jack tweeted. he said we're testing something new sparked from your tweet. a lot to learn from here. he said it happened while he had
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>> you're watching history in the making. the dow closing above 27,000 for the first time ever. we'll get more on what wall street set the record. president trump is ready to make some remarks. who is not attending the summit is raising eyebrows and what he will do afterwards that has washington buzzing. i'm charles payne in for neil cavuto, this is "your world." the president is expected to take executive action in about an hour aimed at determining how many people are in the united states as citizens. already some
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