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tv   Making Money With Charles Payne  FOX Business  January 30, 2016 6:00pm-7:01pm EST

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of 11 million mexicans and shut out all muslims. deirdre: leap of faith is what it takes there. >> that's a leap of faith? deirdre: we have got to leave it there, george. charles payne is here. charles: breaking news. another batch of hillary clinton's emails will be released any moment and we just learned some of those emails are too damaging to release under any circumstances. we are talking about 22 emails containing top secret information. let's go to catherine herridge. tell us what this -- i think 22 of these emails? reporter: that's right, charles. i broke this story of along with my colleague senior producer pamela brown earlier today that
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some of these emails were too damaging to release under any circumstances because of the up reply cases for national security. they include 22 top secret emails and among them is intelligence from special access programs. highly secretive government programs, individual on get access to that information on a need to know basis. there is no argument with the intelligence agencies and the state department. the intelligence agencies concluded this information was classified at the most senior levels when the information hit the server. when it was transmitted. this was an unsecured server. so there is no interagency dispute. there is no as the clinton campaign likes to say the fact that it was marked classified or not that is meaningless under the law. intelligence agencies that got the information are the owner of
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the information. they have fine say, and their finding is the emails contained at least 22 that were top secret when they hit that server. just for context, each one of those is potentially a criminal violation in and of itself. charles: the clinton camp had been saying a lot of these emails we are talking about as being top secret were retroactively stamped top secret. when she transmitted them or received them they didn't have that designation, and that was only later applied to them, so they still hadn't broken any laws. >> that explanation shows an utter lack of understanding about how classification works. what happens with classification is the pass and of time it is more likely to be declassified, they are trying to make the reverse argument that somehow with the pass and of time they
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have become more sensitive. but what the clinton campaign says and what the state department says really only matters for those emails that have intelligence that were generated by the state department. that is a tiny slice of the pie. the vast majority contained intelligence from other agencies. those agencies that got the information in the first place own the information and have final say on classification, and they have weighed in. they have said there are 22 top secret emails that cannot be released under any circumstances. not even heavy redacted. the reason just a final point that is very significant is based on the recent conversations i had, the intelligence community is operating up the assumption there are other full copies of the clinton emails out there and the server was compromised. so even if you release a home in
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a heavily redacted form with a header or subject line, if you have got a clean copy, you can trace it back and that will compromise some of the top secret and special access information. charles: the term "top secret" is thrown out there and we heard it in the movies and know it's important. but what sort of secrets are we talking about? why are they so detrimental to this nation? catherine herridge there are only a handful of people who have access to that information because it involves extremely or delicate methods of collecting intelligence. so let's say we were able to place a bug in vladimir putin's bedroom. okay, this is a very difficult thing to do, probably cost a lot of money. and once that information is exposed. we lose our ability to collect
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that information in the future. another example would be a human intelligence source. let's say we flipped the person who serves tea to the british prime minister every day. they pick up a lot of information at tea time. if that information was exposed, that asset would be blown and we would probably never have the opportunity again to insert that asset in the future. that's the kind of information we are talking about. as a final point, if i can. the white house spokesman said today that based on his conversations with his contacts at the justice department, that mrs. clinton was not the focus of the f.b.i. investigation and his words were it was not trending in that direction. i can tell you our contacts at the f.b.i. and justice department have their backs up over what josh earnest said today. number one they say josh earnest has no clearance so no visibility into the f.b.i. investigation full stop.
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they also see this as part of a worrying pattern when you consider the president said wrongly that there were no national security implication to the mrs. clinton's emails only to find out the f.b.i. director james comey was not briefing him. there is a lot of i guess distress here in washington over the white house comments. and how they could be deemed to have a very political nature, charles. charles: catherine herridge, thank you very much. you have been so great on this. it's an amazing story and washington, d.c. will be abuzz this weekend. let me go to you first michael. you worked in the intelligence community before. again i think it's important that audience understand the nature of this and what's at risk with these operatives, potential operatives catherine talked about. not on will we lose valuable
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information, but i'm sure their lives are at risk as well. >> this is very serious. anybody to put this information on an unclassified server would already been in handcuffs and in jail awaiting trial. what is important is the none official covers. names of individuals work in hostile areas and dangerous areas looking at our most important national security portfolio such as the north korean portfolio, the iranian portfolio and other places where we have host nation nationals working for the agency and other organizations to provide intelligence back to the intelligence community here in d.c. if those names pop up in these emails, that's how serious this is. that's why you can't release these redacted emails based on what i hear from my sources. charles: morgan, you said in your capacity in the military,
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if you had sent even one email like this, what would have been the consequences? >> they would be incredibly serious. there are two points that stuck out to me. the first one is over the past 6 to 8 months since the investigation has been going on. secretary clinton has hid behind the fact that intelligence agencies were arguing over whether the information was classified. what's grounds break is no one is arguing whether the information was classified. hillary clinton said on multiple occasions, i did not send or receive classified emails. we know that's not true. so her spokesman is hiding behind, saying there is an overclassification programming. you can argue what the punishment should be. but the bottom line is she said
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i did not send or receive classified emails and the state department today stead yes, you did. charles: there is a january 14 letter obtained by fox news with the inspector general who has been critical of hillary clinton and talked about the classifycation, confidential, top secret and top secret s.a.p. >> the classification doesn't matter that much. it's the content that carries the weight at the end of the day. we can retroactively change the labeling, the doesn't change the severity of the con taken the. that will determine -- severity of the content. she had a duty to keep those documents protected and safe. if she breached that duty and it appears she did, you are in
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serious trouble if you are in the clinton camp. >> what's most distressing is the character it reveals about hillary. the emails they are saying there was an argument and then there wasn't an argument about them being classified. and hillary clinton is saying make the emails public. the intelligence agencies are saying they are too dangerous to release and she is saying release them. people want their commander-in-chief somebody who says better safe than sorry. i'm not going to store my emails on a private server baits's convenient to me. i'll put my convenience aside for the sake of national security. that's revealing the true character of hillary. that's why they have tried to keep her hidden and they see the danger of having someone like that in the white house.
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>> if you look at this from purely a political perspective. what were the democrats thinking not to have a veal credible alternative toker in the primary. nobody believes in bernie sanders can win the white house. the fact that the whole democratic the' party was afraid to run against her. char already michael, we know now it feels like the noose is tightening and there are few outs now. you can't dodge this anymore. the state department admitted as much. we have another email dump. we know there will be more of these. so there have been numerous smoking guns. what do you think happens from here. what do you think has been napping terms of trying to protect our assets that might be at risk.
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some of this stuff may have already been compromised. >> we'll find out whether it was compromised. there are a lot of people, these non-official covers worrying their names didn't show up in these emails. and hopefully they can't been compromised. but what's important is who took the information to classified networks and put it on an unclassified system. it's not just hillary, it's people who work for her. a special access promise not available to anybody with a top secret clearance. you have to be red on for that. i worked on usama bin laden. you have to be read on to that. someone gave that information to hillary's aides and put that in an unclassified email and sent it to her. it's a chain of people involved in this process and that will be looked at as well.
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charles: so few people -- we heard there are congressional folks who don't have access to this. certain levels -- you have to be at ultimate level of security clearance to even look at some of these things. how would that impede any potential prosecution? >> that will be a big deal. that reflects the left of her duty to the american people and her subordinates. so it doesn't matter if she knew or should have or what her intention was. whether it was for convenience reasons or she didn't know. that doesn't fly. so it doesn't matter. you had a duty. if you breached it, and it looks the more and more every day she did. that's espionage violation under federal law. charles: we are moments away from a new hillary clinton seem dump. dump. 22 emails have been classified
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charles: we have another batch of hillary clinton's emails that will be released any moment now. but we learned some of those reems so damaging they can't be released under any circumstance. lee carter and brian writ wrighn us now. with the pament of work the secretary of state was involved in and she was using her private server. this was going to happen.
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now that the state department is acknowledging as much, where does this go from here? >> the folks at langley will be upset and angry. the folks collecting that information will be very upset and secondarily you will have the informants in the field will be anxious and nervous. they want to know, is it my information? that impacts our ability to get the job done. charles: you were a cia ops officer. from just a sliver, we are going to get another dump any moment now. could see see a scenario where they have to start calling in operatives out of an abundance of caution? >> there is no question that is a possibility. if the server was unclassified, and we are talking about classified information.
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unquestion bit chinese on russians and on the terse knew about that server and went after it hard. there will be a damage assessment done, they will determine which assets provided which pieces of information that were compromised. and those individuals who provided it will have to be taken out of that country and bringing them where they are safe. officers such as myself who have done hard work around the globe, their cover may be come below mietsed. there will be a damage assessment done. charles: we were talking about general petraeus, one slip and he paid a heavy price. there is scuttlebutt there will be even further demotions and hillary has gone the away with exponentially more than he has. what was the official charge with general petraeus?
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>> it was under the espionage act. when you talk about what the broad range scope of what hillary breached here, we don't even know. we still have more and more emails. we are talking about 22 that we know of. there is so much we don't know. with petraeus we knew the limited range of the reach of his breach. so i really think comparing the two, it seems a bit of a discrepancy, if you will. reporter: the secretary of state with a private server on a farm in upstate new york, everything potentially is on there. >> there is 8,000 pages left to go. this 1,000 pages of 9,000. when i read this story i sighed and thought does anybody really want four more years of this? this is what it is today with the clintons, tomorrow it will
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be something else. i don't know how even her own party can't be exhausted from the scandal that comes out of this family. charles: there have been overtures by biden. you study the political ramifications of things like this. what do you think the public reaction will be to this? >> she has had death by a thousand cuts. bernie sanders going after her for being in bed with wall street. the benghazi movie coming out. there is all those reminders of people telling me, i want to like her but i'm not sure i can trust her. this is a big reason. it's not just the republicans coming out saying she did this. this is the state department saying it. that carries a lot of weight. charles: you have seen evidence this is already without the revelations we had today in a couple minute from now.
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you have seen evidence this has taken a toll on her efforts to get to the white house. get to the white house. charles: president obama met want to get their hands on. get to the white house. charles: president obama met if they could ever catch you.
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think of it as a seven seat for an action packed thriller. >> you claim it's tough talk to discuss carpet bombing. it's not tough talk it's a different fundamental military strategy than what we have seen from barack obama. we need to define the enemy are he build the enemy to defeat the enemy. and we need 0 lift the rules of engagement so we are not sending our men and women into combat with their hands tied behind their backs. charles: that ways last night's debate. president obama apparently met with his national security adviser today.
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defense officials are urging the president to combat the group whose influence is growing in libya as well as the rest of the middle east. michael, ted cruz, a lot of people are sake the fight he want to fight is several decade old. you can't fight those kind of fight. isis embeds themselves in raqqa with civilians. if we carpet book the whole place it will be a disaster. how do we fight them? whatever we are doing now is not work. >> we need to empower sunnies and kurd with arms in legitimate positions and work with sunni tribes in syria. even the mesh merga will tell you they can't take -- even the
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peshmerga will tell you they can't take isis without the kurds. with this isis strategy in iraq we are partnering with a predominantly shiia force. ramadi was rubbled. you can't go to ramadi tomorrow and open up a store or go back to your home because it was leveled. shiia militias are in charge of who gets to stay in tikrit. we need to look at our isis strategy and look at who are the right people. that's the sunnis of iraq and syria. charles: because of broadcasting timelines, the opposition says the sunnis or tribesmen are reluctant. they think we are going to cut and run. >> i don't believe it's about
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sunnis or shiias and getting them involved in the fight. it's about what is the nature of iraq itself. should it even exist? and that is fundamentally what this comes down to. the sunnis have to believe the nations. and they have to believe they are iraqis. absent that we can't keep iraq together. it will fail. a lot of people would argue it has failed and we should look at something like a confederacy to keep it together. charles: i heard that before. but these animosities run deep and long, they are ages old. i know we don't want to get involved in democracy building but we have to figure out a solution here. >> what you need from this president is a coherent strategy. the problem is there hasn't been a coherent strategy since the arab spring.
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there has been no strategy. i think when you look at isis, the president has less than a year left. the allies in the middle east getting the sunnis to fight with us, they don't trust us because they made a deal with iran and made a deal with the devil. so what has to happen? i don't know there is much this president can do. the next president has to come in, and carpet bombing is not a serious sophisticated strategy. it's unethical and stupid to say it. charles: what about putting american forces on the ground? is that while? >> it is if there is a strategy. what is the bigger picture? what are you doing in iraq and syria? who are you working with? it's time for a new president. charles: we need an end game. >> absolutely. charles: we'll get maybe your wish.
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three days from iowa, the caucus. there are so many potential outcomes. we'll go over some of the long-shots and near shots. long-shots and near shots. we'll be right back. e*trade is all about seizing opportunity. so i'm going to take this opportunity to go off script. so if i wanna go to jersey and check out shotsy tuccerelli's portfolio, what's it to you? or i'm a scottish mason whose assets are made of stone like me heart. papa! you're no son of mine! or perhaps it's time to seize the day. don't just see opportunity, seize it! (applause) thcompetition, it's protecting buscustomer trust.not seize it! every day you read headlines about governments and businesses being hacked, emails compromised, and intellectual property being stolen. that is cyber-crime, and it affects each and every one of us. microsoft created the digital crimes unit
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rich lowry. what's the feeling after the debates? >> no one knows anything. the big question is turnout. the cruz people are confident if it's a normal turnout within the realm of what we see traditionally they will win because they have a good ground game. but no one knows if those trump voters will show up and blow the roof off the joint. the one thing everyone seems to agree on is that marco rubio is on the upswing now and the big sign of that today was ted cruz pulled a negative ad against ted cruz and started dumping it on marco rubio's head. charles: i think rubio was the winner in the debate, that's just my opinion. but cruz is the on candidate that's in every single county.
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this is sort of an all or nothing effort for him. >> it's an all or nothing effort for a lot of them. if trump take iowa and take it by a good margin, let's say 15 points. then he's going to be pretty much unstoppable. i think most analysts are saying. cruz really has to win this. marco rubio has to do really well here to stay viable as well and hope to be the heir apparent to what it called the establishment faction. >> everywhere i look except for a few states way off. there is a viable establishment lane with respect to the amount of percentage that's open. trump is in the mid 20s to mid 30s. you wonder if once these guys start dropping out, if there will be and true establishment person.
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i'm hearing he's confident about placing higher here. >> one of the polls i'm looking at that it thought was fascinating. before the debate it was polling k-12 students about what they thought. they put rubio close to trump. the theory was these are the parent being vocal in politics will hit the polls. i don't know if that's a good indication. i'm crossing my fingers it is. char already i think what we saw last night was the emergence of the cruz rubio race. it's not there yet because trump is still a factor. but he walked away from iowa last night. we'll see if they walk away from him monday. then it will come down to cruz and rubio. they are both from the club's perspective. both pro growth candidates. charles: by the last count from fox news. 31% of iowans have not made up
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their mind yet. the last 48 hours, you have to wonder how important that will be. let me start with you. let's say trump wins this thing by a mile. gina says if he does it's all over, he will win everything else. >> if he wins it by a mile that's a sign he actually brought tens of thousands of new voters into the process and a sign if he can do it here where it's much harder to vote than in a normal primary because you have to show up to a place you usually don't go to and stand around for a while, he can probably do it elsewhere. that is the pro-trump scenario. charles: we see people standing outside in 6 degree, to 7 degree weather to see him. they can do that, maybe they can endure the caucus process.
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>> iowa is not an easy state for trump. there has been a lot of money spent against him to say he's not as evangelical as conservatives have traditionally liked. iowa being a stronghold of evangelicals. iowa will be a good litmus test as to how well trump can play in the rest of the country. if he wins this by a big margin i would say we'll see big shifts in the primary field. charles: what if cruz were to win, and what about carson and jeb. >> if rand paul did well, that would give life to his candidacy. i think you are going to see the top three people in iowa and new hampshire be the ones that ends up playing it out in south carolina typically that their overs the field further for the rest of the primaries. i think trump could win but actually lose the night if he
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doesn't win big. if it's a squeaker he's no longer the invincible donald trump. and if cruz or rubio catch up with him, i think he's in trouble. charles: let's say old school retail, hit every single county, spend a lot of money, shake a lot of hands. trump didn't do that necessarily in iowa or new hampshire. but what if it does get back to basics? that changes the dynamic in new hampshire, doesn't it? >> it does. it pokes a hole in the trump balloon. charles: iowa, the caucus kicks off monday. neil cavuto has special coverage of those results from iowa next monday 8:00 p.m. on fox business. the best days for the market this year.
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charles: it was the fifth worse january in to be market history. now stocks show resolve, and you can sight of on the board. investors are hoping the gdp numbers will sober up the fed and bring submission to yellen and company who want to keep a march rate hike on the table.
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peter, yesterday the fed, everyone was disabointsd that fed statement. ." and today everyone is thinking between japan and what we saw with the gdp, someone has to i maybe we need to rethink this. >> it's important what other country's interest rates are. if they keep loosening and cutting below zero interest rates, then we don't are have to raise ours. it's relative interest rates that count short term in the cycle. this gdp number was better than the bank economists expected. i think the economy is on solid ground but you don't want to knock it down. >> would that knock the economy down? >> given how strong the dollar is and the impact on profits.
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we really need to wait until spring to see stronger corporate profits. if they raise rates in moore, that will not be a good thing for the market at all, and it's not necessary. it's time to pause. charles: hopefully they will articulate that. i have got to ask you about the durable goods number. forget about the headline. i'm talking about corporate investment. this is a free-fall. what's going on with corporate america. why are they sitting on this cash? >> fort reported great numbers yesterday. it's not all of corporate america. we are taking a big hit from the cheap chinese yuan because they can't get their economy turned around. it's under valued if you look at comparative costs. even as the mining sector won't
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recover to what it was before. the future is with fewer capital goods. we'll keep buying cars and jet planes but machinery we use is change, it's cheaper. that will affect how important durable goods are going forward it's kind of like cheap oil. charles: one day that will be good for us, too. >> it's good for us right now. have a great weekend, buddy. breaking news. we are minutes away from another hillary clinton email dump. 22 emails have been classified top secret. so secret very few people can even read them. ed henry will be with us
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charles: breaking news. another batch of hillary clinton's emails will be released. 22 emails are so top secret they can't be released. ed henry is in iowa with the latest. reporter: what could be so devastating to hillary clinton's campaign is the timing of all this. we have known for a long time there is peanding f.b.i. investigation of her email server, we have known there are hundreds of emails that have been deemed classified. hillary clinton's defense is they were not marked classified at the time. it has been hotly dispute bid her critics because this classification issue contradicts what thee said last march. this ratchets it up big time. it's not just a lower-level
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classified information. as you said, top secret information. some of the nation's most important secrets. and the timing of it being so close before the iowa caucus. she once had a double-digit lead in iowa over the come graict socialist bernie sanders. they are now in a dead heat here. if you look ahead to new hampshire, bernie sanders because it's from the neighboring state of vermont has a double digit lead. the fox poll had it at 22 points. if clinton gets more damage from this email issue and loses the iowa caucus. this once inevitable nominee is not so inevitable. >> when you start to think about it. it makes so much sense. to get this top secret information out of that particular stream into someone else's stream that doesn't have that classification. that's a leak.
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from what i understand of these 22 document, there were 32 each chains, a lot of back and forth there. reporter: in the clinton camp's defense. they are saying we talked to some intelligence officials who have seen these document and they say this is innocuous information and it's a battle between intelligence agencies over classification. but that could be a stretch. for intelligence agencies to stick their knows out and say this is top secret, they have to have evidence to back that up. marco rubio and other republicans are sake as secretary of state she allowed top secret information on this personal server. it could have been vulnerable to the chinese and others. this is not the last you heard.
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think of it as a seven seat for an action packed thriller. . charles: swedish police revealed they have dealt with 5,000 incidents involving migrants since october, and admit that this problem is increasing. in addition to that, 40% of germans want chancellor angela merkel to resign over refugee policy. and according to a new poll out today, a sign of rising dissatisfaction with her welcoming the folks, a million of them into the country. back with me, eboni williams, jillian melchior and gina loudon.
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we've seen amazing admissions from sweden, finland and now even germany in the last 48 hours. and it magnifies in my mind how serious the crisis is? >> sure, this is a compound problem, you have the complete breakdown of borders in europe. you have the complete breakdown of rule of law, germany not paying attention to what it agreed to dealing with asylum-seekers and now you have the problem of them trying to deal with this problem in retrospect. angela merkel put herself in the position where there's no good out for her, we see the problems, we see that the government hasn't handled them competently and openly, and now she's going to be faced with trying to deport people. that's going to have emotional pull as well, if you look at the photos of elian gonzalez in the u.s., that is going to times thousands. charles: if this were a year ago, more broad sympathy, from the things we saw in cologne on
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new year's eve and the images starts to come out, i'm not so sure the general public is that sympathetic this time around, eboni. >> i agree, charles. the humanistic component we're not absent of, but at the same time, unfortunately, and this breaks my heart but it's the reality. we're forced to choose between being kind of proactive and caution and precautionary and protective even and compassionate. and unfortunately when having to make a choice, there i think most people want to be proactive and protective. charles: gina, angela merkel announcing the asylum package 2, it would make it easier to deport some of the migrants, a two-year ban on bringing your family over. they make an exception for morocco, tunisia and algeria. donald trump, would like a broad-based no muslims at all, others say let's compromise, where do you think this ends here?
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>> trump's suggestion is to put a moratorium on it temporary. that's important to say, had germany considered something like that, they may have answers now. we have to consider there's a massive culture clash psychologically happening here. at here, islam does not have the same treatment of women, does not advance the same treatment of women as western values do. there is a culture clash. 800 assaults on women in one night, charles has prevented families like my own who have planned a trip to germany, decided we're not going to go there. we don't feel like it's safe. there are a lot of implications coming down the pike. lou: social and economic ramifications and there's a culture clash, thank you very much. before we go, an american success, talking about bright star care founder, a business that provides home care, child care, as well as medical staffing individuals for homes
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and medical facilities. we love homegrown american success stories, large and small, and lov you watch us every night at 6:00, keep it right here, the man himself, lou dobbs is next. lou: good evening, everybody. i'm lou dobbs. breaking news tonight, the state department at this hour set it release the next batch of e-mails from hillary clinton's personal e-mail server. some 1,000 e-mails to be released. fact it's taken this long for the state department to release these e-mails is both a disgrace and outrage, but add to all of that a bombshell development tonight. the state department is also withholding 22 e-mails because those e-mails are deemed top secret and deemed too potentially damaging to our national security to release

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