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tv   Fox News at Night With Shannon Bream  FOX News  July 10, 2020 12:00am-1:00am PDT

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life. we have to get back, we did it right, saved millions of lives by what we did. >> liberty versus like, the choice will be clear in november. that is all the time we have tonight. shannon: we begin tonight with two major supreme court opinions regarding the president's financial records leaving the legal fight far from over, neither side got exactly what they wanted to both still claiming victory, the president's reaction exclusive to fox news coming up in with a 3 million i can review mirror cases of covid-19 continue to climb across the us and citizens in hard-hit states waiting in long lines to get tested. reaction from kayleigh mcenany minutes away.
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despite being order to drop charges against michael flynn the judge in that case is refusing to do so. what he just did. we will explain in debate, our legal panel coming up. welcome to fox news that night. we begin with white house correspondent kevin cork covering the president's response to the landmark supreme court decision. >> reporter: a couple cases to review, the justices allowed new york prosecutors to continue their pursuit of the president's financials and to a lower court, chief justice john roberts said the president had absolutely no right to block those papers so it will continue. about which the president said this in his exclusive interview with fox news. >> i was disappointed and that the same time it was because i think the president should get protection from thousands of prosecutors out there, thousands
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all over the country that can go after you and your supposed to be running the country. basically sends it all back and we start all over again, that is what it means. >> is the chief justice, no citizen, not even the president is categorically above the calendar to produce evidence when called upon in a criminal proceeding. in a separate petition the court will but congress cannot at least for now see those same records, the case should be returned to the lower courts to examine whether congress should narrow the parameters of information sought meeting the practical effect of the two dishes and is the records will not be made public before the election this fall. here's what we learned from jacek chapo, we are pleased that in the decisions issued today the supreme court has temporarily blocked both congress and new york prosecutors from obtaining the president's tax record. we will now proceed to raise additional constitutional and legal issues in the lower courts
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which is why some are saying this is far from a slamdunk because the fight does continue. reaction from democrats was swift and pointed, this from the former vice president, joe biden, the president of nominee for the 2020 election, the american people deserve to know what donald trump is hiding in his tax returns and this from house speaker nancy pelosi. >> the supreme court, including the president's appointees have declared that he is not above the law. the path the supreme court has laid out is one that is clearly achievable by us in the lower court and we will continue to go down that path. >> information i want to offer a tweet from somebody we all know and love, bottom line presidents
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are not immune from criminal subpoena, congressional subpoenas can be legit against the president but lower courts did not do enough consideration. i don't know who wrote that. i think it is you or somebody. shannon: people should know bill mears, a producer is brilliant, we could not do this without him. trying to boil down an opinion that can be 100 pages long into 140 characters is a little tricky. >> reporter: you did a great job. you are still are, have a great night and a great show. shannon: when it comes to another landmark decision from the supreme court this week presented democratic nominee joe biden says he looks forward to undoing the trump administration's regulation giving little sisters of the poor an exemption for being
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forced to provide contraceptives to employees, the supreme court upheld that regulation this week. in a statement biden called the supreme court's ruling in favor of the sisters, quote, disappointing and pledged to that if elected to restore the regulations to the way they originally existed with some exceptions. another day of covid-19 spikes across the country is lines waiting for testing grow ever longer in hard-hit states like arizona, california and texas. here's the latest from atlanta. >> reporter: with 9000 new cases in 24 hours florida confirmed 120 new deaths, its highest total yet. covid-19 surged across the sun belt cast doubt on earlier speculation it would act as a seasonal illness like the flu. >> people who expected to see a sharp decline in the number of cases as the weather became warm and moist, we are seeing that is absolutely not the case. >> reporter: texas governor greg
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abbott ordered hospitals and one of the counties to postpone elective surgeries. the medical director of the houston hospital predicts his city will soon resemble new york during its peak because people got careless during the fourth of july. >> a lot of people went out and more likely than not we will see this patients come into the hospital for the next two weeks. >> reporter: federal health officials grapple to mitigate the outbreak the trump administration is pushing states to reopen school in the fall. the cdc is expected to issue more information for teachers and parents. >> children need to be to the degree we can in a classroom physically present to learn. if we follow the cdc guidelines, follow personal responsibility we can get them back in the classroom to be safe at the same time. >> in hard areas like testing centers getting longer and the results more concerning. >> we were previously seeing one internal one in 8 of the tests we were doing in the community where coming in positive. now we are seeing one in four. >> many infected people are waiting longer to find out the
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results. atlanta's mayor tweeted it took her family eight days. if we had known sooner we would have immediately quarantines. although the mayor is in fact that she is asymptomatic. yesterday she issued an executive order requiring people to wear face coverings within the city limits of atlanta but here is something that will affect people all over the country, starbucks announced that starting july 15th they will require customers to wear face coverings when they come inside for coffee. between battling the coronavirus and pushing to open schools on tirelessly with major supreme court rulings in recent days, plenty on the trump administration's plate. let's talk about with kayleigh mcenany. two rulings on getting access the president's financial
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records, fight the prosecutor has been after these records. here is how eric small well, a democrat, frequent critic of the president and a lawyer read those decisions. >> this is an overwhelming win, a court including two people he appointed and thought would be loyal to him, the law is so clear that no one is above it in the president has to follow it. >> you and i are both lawyers, clearly the court says the president is not have absolute immunity against state and criminal subpoenas. how do you see these cases? >> congressman's wall well should read the opinion because it is worth noting they were rebuked, basically engaging in a political the chance to get these documents and they were rebuked by the court and couldn't access but on the second case you mention, as brett kavanaugh pointed out,
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9-0, unanimous ruling in the sense that this needs to go back to the lower court in the majority opinion laid out several ways for the president to proceed in court by making a bad faith argument with state law or going the constitutional route making a constitutional argument the subpoena specifically is wrong. i would point that out to congressman swallow. shannon: j secular said they will continue to litigate these cases on house committees in this issue of the prosecutor of new york. a harvard professor, don't know if you had them when you were there has been tweeting on this and specifically about this case he thinks this can be sped up. it should be expedited and lower
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courts. of the nation -- nixon tapes case could be decided in 3 months and bush versus gore decided in one month this should not drag out beyond the november election. we know there's more legal wrangling to be done at the lower court, cells like he hopes these documents are settled for good in favor of the prosecutor so that people will get a look at them before the election. justice alito noted these things leave sometime. >> there several constitutional arguments to be made in lower court but i will note what we view as the absolute partisan harassment in which the subpoena was issued. one of the things i think was pointed out, one of the best points made was in justice alito asked to send where he clearly talked about state courts being utilized by elected prosecutors, and elected prosecutor, registered democrat using the subpoena as a weapon to harass the president, that is the view on our end, justice alito hinted to that in his defense.
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shannon: there are people warning across the spectrum, it can be used against another president of opposing parties whether in the house or an elected state prosecutor wants to go after someone so questions to be settled in these cases so let's talk about coronavirus, there have been spikes, record days in the us of matching cases, a number of states putting reopening plans on hold or rolling them back, vanity fair magazine saying under the headline, americans will just get used to dying of coronavirus, trump hasn't only failed to take adequate action, he has regressed in his approach to the pandemic reverting to his prediction that noah coronavirus will magically go away, quote, i think at some point that is going to just disappear i hope he said last week. >> where this president stands he believes we've done extraordinary work on therapeutics, extraordinary work changing the nature, we are identifying more cases, the real
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metric the president looks at is the mortality rate which is come down at the height of this virus, 2500 dying and they. now because of the work of this administration is 200, that is a tenfold decrease we have seen. we believe the nature of this has shifted. it is a very unfair assessment. shannon: we talked about push to get kids back to school. i hear from parents that they want to see this happen, many think it can be done safely, others have concerns. an economist at brown university, it is okay for them to go back, she pushes back saying even if we think kids tend not to get sick and don't transmit very much the process of opening a school involves a lot of adults interacting with each other and definitely many teachers given the age of the teaching workforce at higher risk, not just about whether
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kids get or spread this. how do you account for the rest of that equation, the adults who have to be involved in reopening schools. >> throughout the pandemic we had essential workers, you in the media are an essential worker, meatpackers were essential workers, people keeping food supply chain running are essential workers and we believe teachers are essential workers. it is essential when you have kids, we see abuse cases not being reported, falling in some states by 55% because we know abuse cases identified at school. the american academy of pediatrics saying this can lead to morbidity if not mortality among students not to mention educational deficits that set back predominantly low-income students that a disadvantage the most. it is paramount, teachers are essentials, schools are essential and that is the provision of this president. >> roger stone may soon after report to jail. is talking about his case and the possibility the president
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may look kindly on him and his situation which is what he said today. >> me, then dick nixon and i would really have something in, or more likely he could just commute my sentence which means i would still want to battle it out on appeal which frankly i want to do because i want an opportunity to clear my name. shannon: in the discussions by the president of partner commute is sentence for roger stone? >> i believe that the president. if he has any announcements on that he will be the first to let you know but i would note the president does believe this was entirely unfair, the jury for women in this case did not act appropriately and he knows often, guys like andrew mccabe who committed perjury, people like james clapper who committed perjury before congress on the issue of wiretapping and
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surveillance out and about, comey leaked confidential information and even john bolton who leaked classified information so the president sees the 2-tier justice system and things roger stone was unfair but i will leave the announcement to him. >> we will stand by for that. thanks for making time, good to see you. first the federal judge hearing the, prosecution against michael flynn defied the justice department motion to dismiss, not judge them at sullivan's the tying appeals court decision directing him to dismiss the case. what happens next for general flynn? >> add this to another of the unheard-of parts of this case, the judge lost in front of the appeals court and now his lawyer is appealing again. originally the judge appointed a lawyer to argue over dismissing the case against michael flynn. all unprecedented moves by the judge. quick recap, flynn pleaded guilty twice to line for the fbi about phone calls with russian
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ambassador in late 2016-early 2017 and was fired as national security advisor for lying but has recently become a rallying cry for those who accused the obama administration of using the justice department to go after trump officials they didn't like. >> longest-running soap opera in political history, michael flynn is not guilty of anything, the phone call he made was fine. this is yet another attempt, the justice department new from the get-go there was nothing to this so what do they do? they prosecuted flynn for years. >> a few months ago william barr said the charges should be dismissed despite his guilty plea. ordinarily that would mean a rubberstamp from the judge in the case but judge emmet sullivan said no dice and hired outside counsel to file their own briefly flynn's attorney appeals, the secret -- the circuit court of appeal dismissed the case but solomon is now asking the entire appeals
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court to hear the case which they can say yes or no joining the end whichever party is unhappy could still go to the supreme court and you know better than me but a judge hiring his own counsel to appeal the ruling to the supreme court might take this from unheard-of to straight up unprecedented. >> right about now they would like summer vacation, not sure they would like it. >> wouldn't we all. thank you so much, good to see you. former presidential lawyer and fixer michael cohen is back in federal custody after objecting to a than on media contact as part of terms for him getting home confinement. us marshals shackled him and took him away even though his attorneys said he would drop the agreement. a trip into manhattan restaurant due to the coronavirus pandemic
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he was let out of prison 7 weeks ago where he was serving time for campaign finance fraud and lying to congress. breaking news and michael in case as the judge decides to fight a higher court decision ordering him to dismiss the charges. our legal eagles are on deck for that case next. so when i heard they added ultra oxi to the cleaning power of tide, it was just what we needed. dad? i didn't do it. #1 stain and odor fighter, #1 trusted. it's got to be tide. well now there's score!, from force factor, to rev your libido and maximize physical response. it's no wonder force factor is the #1 fastest-growing men's health brand at walmart. unleash your potential in the bedroom with score!. and with his people israel now during the coronavirus pandemic. our elderly jewish brothers and sisters who are so precious to god
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>> it's a disgrace, what's >> it is a disgrace what is going on. we cut them 100%. as far as general flynn is a great hero, a great gentleman. what they are doing to that man, they destroyed that man but he will come back. >> donald trump weighing in on the development and michael flynn case during his exclusive interview with fox news on hannity. the prosecution of the former national security adviser took
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another twist today. let's sort it out with the legal panel, harry litman and defense for american liberty founder can be dylan. harmeet dhillon. the judge was told to drop the case and refused to do that. he brought in extra people to argue the case. the legal team for general flynn went to the next level which ended up telling this judge you got to get rid of the case. he said no. he said the panel that ordered him to get rid of this threatens to turn ordinary judicial process upside down. it is the district court's job to consider impending motions, this court call upon reviews of the decisions it does not preempt them. he is telling the higher court he wents everyone in the higher court, every judge, in that case, why shouldn't they?
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>> this case and the ordeal of general sin has been dragged out long enough in the judge overstepped the boundaries. it is an extraordinary case where the government said it not have basis for the prosecution. it is not the judge's job to second-guess that. what the judge decided not to take that and simply appoint his own third-party, that got crazy and that prompted the dc circuit to take the extraordinary measure, that should stand but i would not be surprised given the makeup of the dc circuit if they take it up. shannon: writing about this in the federalist, say you've got to get rid of this, dc court of appeals blasts judge sullivan for the power grab, the court
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described his actions as unprecedented intrusions on individual liberty and the executive charging authority, translation there was no basis for this unconstitutional power grab. how do you think this plays out? >> i can't agree, the 2016 case, you normally shouldn't do it except for extraordinary circumstances. when a guy pleads guilty twice to serious crimes and there's never been any suitable explanation of why else he lied about it it has never been done, literally never, to try to say we will turn around and dismiss it. no doubt if they take the case they will reverse, actually preempted on men dimas from considering it, that is also unprecedented as won't stand but it is not clear to me, there are 12 votes but you need six among three judges. they might say it is wrong as the day long but we have to pick
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up shots, we are not going to yank everything and might let it play. shannon: is this political for general flynn. we want to know our judges are not political. >> it is political, it is bizarre the judge sullivan would appoint a judge who has written an op-ed critical of flynn. there couldn't be a clearer case of bias. taxpayers are paying for all the shenanigans judge sullivan is doing here. this is an example of the 4 corners offense, running out the clock and hoping they can drag this controversy past the election. that is very political. shannon: do you think it ends up at the supreme court? >> were you still talking about -- i don't think it ends up at
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the supreme court. i think it does stop here. however the court of appeals will reverse it. as far as appointing someone it happens all the time including at the supreme court. the whatever two years of litigating says we won't do it anymore. for a judge to give someone the other side is routine. >> not a partisan who is writing up ed's. >> there was evidence withheld from flynn and his legal team became forward the changed the controversy, a lot more than we got to see. we will see what the court does. thanks for weighing in. don't want to wear a mask? and when usb that could cost you $2,000. next. we're always here to help with fast response and great service and it doesn't stop there we're also here to help look ahead that's why we're helping members catch up
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requirement where a mask, she stormed out. a heated issue across the country. trace gallagher is on the case. what happened? >> reporter: coronavirus cases are rising in california but the death tour means low and hospitalizations are manageable but despite the uptick the economy is not in a hurry to adopt the statewide mask mandate. quite the opposite, some people cheered when an italian restaurant declared itself a no mask zone and for the, quote, haters who criticize the no mask will base the tongue-in-cheek voicemail asking them to leave their names, numbers and addresses so their cousin guido could pay them a visit. they set the restaurant a letter requesting it comply with the state mandate, law enforcement in orange county is not tracking
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down violators, not wearing a mask is a hard -- health the permit violation but not a practical application of a criminal law violation. the sheriff says he will punish egregious violations but prefers education and because of noncompliance governor gavin newsom is threatening to pull state money from orange county. >> they are simply unwilling to do it. we will direct to communities that are and we assume if that's not incentive enough, we will assume more responsibility. >> reporter: the same governor who lashed out at donald trump for threatening to pull federal dollars when they chose to ignore federal laws but the rise in covid-19 is converting some including a county supervisor who questioned the mask mandate but is appealing to residents to
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cover their faces, a bold move, one who supported the mandate ended up resigning after she was threatened and protesters showed up at her house. shannon: the debate is real. in texas, counties cracking down on coronavirus carriers saying if you test positive but refused to sell quarantine you could be subjected to arrest. let's look at how the lone star state is dealing with record high cases. good to have you back. you know the numbers for today, 9782 cases, 100 deaths, and hospitalizations that are record high. what do you do now? >> going off of your last story we are asking people in texas to wear a mask.
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and all over the country, those who don't want to wear a mask or defying orders, put other people first, you could be infecting as well as protecting your self including first responders, doctors and nurses, and in texas, the governor said today wearing a mask is our last line of defense because he doesn't want to shut down the economy, nor do i or anywhere else anywhere in the country. we are asking people to wear a mask to protect others and it is so important. our numbers are high, we have been in that category, every life is precious, we lost a precious man tonight that you know about. we've been one of the lowest in the country, we had 263 deaths in three days, we are hit by a strong wave. we have to take this very seriously and people should be considerate of everyone they are
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coming in contact with. shannon: texas county emergency chief, somebody people said was so well loved, he was coordinating emergency testing sites are working night and day, contracted it himself, finding out he has leukemia, felt good but didn't make it, this is one story of so many lawns working folks and people in the medical field as well but law enforcement especially having to deal with protests, threats of the funding. it has to be a demoralizing time facing threats from so many levels. >> i wore a shirt tonight, this is one of our department of public safety shirts because i want america to understand we have to support our police. when you see a police officer, state trooper, constable, sheriff, go up to them and thank them. the old days of going by the police station or substation and
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taking something, thanking them, this is a group of men and women, less than 800,000 protecting 350 million and i'm very concerned for them. we had 90 suicides already this year of people in law enforcement, we had nearly 30 killed in the line of duty and since 2016 we've had 717 suicides in law enforcement, 535 killed in the line of duty a different statin different departments but they are very similar so when you have this stress on police, standing there in 95 degrees heat wearing 40 pounds of gear on their back being spit at, being yelled at and all across this country we have these bad actors like minnesota and you've got to remove that because every black life does matter though black lives matter it is different issue, a political group that
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wants to overthrow this country. so does every police officer's life matter. we have to support our men and women of law enforcement who are under stress from their families to retire, what they're hearing in the streets to these laws the democrats are trying to take away the protection from being held liable on issues and cutting funding. in seattle they decided to cut funding by 50%, we have to support the police and lead every individual in america who understands we want to get rid of bad cops but we love our good cops and we need to stand up and have the voice heard of police officers in this country. >> there are good and bad. we need to root out the bad ones. they don't know if they will come home and we have to support them.
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universities going online, still charging full tuition is if you were in class. is that fair, cabot phillips investigates it will tell us what he found when we come back. well the names have all changed since you hung around but those dreams have remained and they've turned around who'd have thought they'd lead ya back here where we need ya welcome back, america. it sure is good to see you.
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our extended release melatonin helps you sleep longer. and longer. zzzquil pure zzzs all night. fall asleep. stay asleep. >> fifth avenue in new york city a large black lives matter mural painted on the street in front of trump tower. the president called a symbol of hate they would further antagonize the nypd. alice hogan is tracking developments across the country. >> fresh yellow paint marking fifth avenue just outside the door steps of trump tower, city workers along with volunteers and bill diblasio were here painting this mural. it is a sign and symbol not only to the president but the country
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that the fight for racial equality this time will stick. after 6 weeks of protests, a new poll by monmouth university finding democrats in of independents black the black lives matter movement but the mindset of republicans is shifting. according to the poll the 18% of republicans feel protesters anger is justified. the number shrinking from 40% last month. in addition 35% of republicans believe racism is not a big problem in the country, 20% from last month compared to 70 percentage points of democrats and independents, the number of from 10 percentage points. one expert said that too many factors but also the president criticizing these protests deepening the political divide. >> the base is favorably disposed toward the president so if he is setting up the counter narrative which he has been consistently the base is likely to move closer to his position. >> reporter: most of the country
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can agree on one thing, 70% say we are fully divided on the most important values and 66% say that has worsened since the president took office but most americans say they believe there will be a shift in the right direction, 55% said there will be better racially quality leading to long-term impact. shannon: thank you so much. in a recent tweet emphasizing inclusion liberal arts college included a note that conservative students said your viewpoints are important. there was swift backlash. the editor in chief joins us to talk about cancel culture on campus. people can see the statement that talked about black lives
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matter and different viewpoints that include conservatives and your viewpoints. a professor said this is problematic, conservative people have never been oppressed by the us, a comparison to women, immigrants, people of color and other minority experiences, dishonest and demeaning. you can't include conservative people as viewpoints but should be included. >> the professor thinks conservative students have been oppressed she hasn't gone on different campuses around the country. i have seen how conservative ideas are the only ones at risk of being shutdown, stifled, harassed and threatened and that is why penn state came out with a statement but what messages this? we reached out to the school, they removed the message because it was not received well.
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you are telling students we will stand up for your speedy -- free speech rights as long as the outrage mob doesn't get too angry, conditional supportive free speech. they stood up initially for students that are marginalized, conservative students, but they made a bad mistake, sending a chilling message on campus. shannon: i want to ask about something else, the number of colleges announcing they will only have virtual classes this fall but still going to charge the same amount of tuition. the headline said it would set a bad precedent pressuring schools who can't afford to cut their prices to do the same by making it self look absurd and screws like, harvard will not cut true mission rates, giving the rest of high red more breathing room. what have you found? >> the great bait and switch. the we given to it the more we
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see universities appear to be intentionally slow and not forthcoming to information to their students and get as many to sign on the dotted line to pay full tuition for the coming year and then tell them you are not getting the full experience, your classes will be online, like the dallas cowboys saying you will pay full price for tickets but you will watch the games on tv in the parking lot and expect people to pay full price. that is what universities are doing, they know students would not pay full tuition if they were aware at the start the experience they were getting wasn't real, they are not having access to the facilities, 70% plus of college students were not satisfied with online schooling and one third of graduating high school seniors would not apply to university if they don't get the traditional in person campus experience. universities are well aware of that data, students are looking to avoid those situations and trying to get as many as possible on the hook for that
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tuition. shannon: keep us up to date on that, great to see you tonight. a statue of the first lady set ablaze and that is not all. the latest round of vandalism news up next.
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>> shannon: the nfl's washington redskins are considering changing their name shannon: the washingtonaf redsks considering changing their name after years of resistance in the push to a new stadium in lawmakers on capitol hill. chad program has the story. >> reporter: this has been a battle on capitol hill for decades. congress is one of the reasons the redskins play in maryland, the redskins where the burgundy and gold standard encapsulating three super bowl titles, that ignited the push for a bigger modern stadium, the team wanted a new stadium next to its order one, rfk stadium which sits on federal land was a member of the cheyenne tribe wrote a bill barring the use of the property unless the team changed its name. >> i have a real problem with the name redskin because i know
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where it came from, pretty bad history. >> reporter: the team refused to change the name and abandoned the nation's capital, exiled to maryland. former senate majority leader harry reid used his position to rail against the redskins on the senate floor. >> this bill has been sitting on its hands doing nothing while a population of americans has been denigrated. >> reporter: he hoped the team would lose every game but redskins didn't need anything from him. >> one of my disappointments in my senatorial tenure was the fact we did not get this done when i was there. >> the team hopes to return to washington building a stadium where the redskins used to play. eleanor holmes knowlton looked to repurpose the location but it requires dan snyder to change the name. >> the washington football team wants to use that site.
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>> reporter: campbell says if the name changes the campaign was worth it. >> native americans have been here 20,000 years. indians have a lot of patience. they outlasted them. >> reporter: of the redskins change their name the path back to washington dc runs right back through congress. shannon: our real news roundup, police in new york searching for vandals responsible for tearing down a flagpole at a memorial honoring firefighters who died in the 9/11 attacks. vandals sitting fire to a statue of milania trump, showing her in the code she wore on inauguration day, intended to illuminate the first lady's status as an immigrant. a new flag on fire for including the words in god we trust.
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the temple planning to sue over it. the fast-track legislation to change the flag to racially quality. that is this for us, most-watched, most grateful you spent the evening with us. i am shannon bream. downy unstopables. i am totally blind. and non-24 can make me show up too early... or too late. or make me feel like i'm not really "there." talk to your doctor, and call 844-234-2424. you're first. first to respond. first to put others' lives before your own. and in an emergency, you need a network that puts you first. that connects you to technology to each other and to other agencies. built with and for first responders. firstnet.
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the only officially authorized wireless network for first responders. because putting you first is our job.
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>> the federal government spends taxpayer money and we should use it to buy american products and support american jobs. >> we live by two rules, by american and higher american. by american and higher american. by american and higher american. jillian: happening at 4:00 am joe biden takes a page from donald trump's playbook launching his plan for the economy. the president laying out his second term agenda on fox news.


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