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tv   Fox News Night With Shannon Bream  FOX News  September 14, 2019 12:00am-1:00am PDT

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life is that he loves all people. he loves humanity. that is all-time we have tonight. have a great weekend with your family and friends, be safe, fly your flag. the fox news at night team will take it from here. see you monday. >> welcome to fox news at night, breaking tonight, we are one step closer to seeing the long awaited report investigating the investigators, the attorney general is reviewing a draft of the doj watchdog report on allegations of fisa abuse by federal investigators during the russia investigation. stay tuned for late breaking news. fevered speculation over the state of lori laughlin role in a college admissions bribery scandal.
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felicity huffman is on her way to prison. night court convenes later. the gun control debate reignited thanks to beto o'rourke, doubling down on his ar 15 confiscation plan. republicans are pouncing. mark walker is on deck. we have fox coverage on the inspector general report, trace gallagher standing by with the latest move, let's start with david fund and late breaking news. >> we can confirm the justice department inspector general michael horowitz putting the finishing touches on his investigation into the alleged abuse of sensitive surveillance power by the fbi. horwitz completed a review on whether the fbi followed the law while applying for a warrant to survey a former trump campaign aide carter page during the 2016 election. page was investigated following allegations of russian
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interference in the election. surveillance of page was an abuse of power. on friday a little earlier a letter to members of congress, the office conducted 100 interviews and close to finalizing his report. the ag inspector general continues to say the team reviewed million records relating to this case. back in may, horowitz's office began investigating whether any surveillance abuse, two sources tell our chieftains elements source and heritage that records could be declassified before the horwitz report is released. heritage that down with donald trump in may and asked about it. >> is there a timeline on when the public will see these russian records declassified? >> whenever they need it. i will be the plaza flying everything. >> at the same time horwitz is putting the finishing touches on a report. is on the room is investigating
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the origins of the russia probe. take a listen. >> i think the coordination at the justice department between what inspector general horwitz is doing in the us attorney john durham who is looking into the origins of the investigation they worked this out in a coordinated fashion no doubt and probably the end of a phase of horwitz's investigation but i don't know that it will impact durham. >> once the report is completed and certain parts are classified it will be released to the public. that could come in a matter of weeks. we will continue to watch. >> thanks a lot. this is a fox news alert, awaiting word from the justice department on whether charges
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are coming against former fbi deputy director andrew mccabe, james comey's number 2. a grand jury has -- was just summoned on the case and mccabe's attorney wants the government to show its cards. trace gallagher is working the case for us tonight. >> you are right, some of this is high-stakes and some is trying to read the tea leaves but the lawyers for andrew mccabe indicate the department of justice is bluffing when it comes to how strong its case is. lawyers have sent a letter to federal prosecutors urging them to drop the case entirely saying there are rumors a grand jury voted not to approve charges against the former deputy director. for context, the federal grand jury has 23 members and 12 in favor of indictment. the theories is if you can't convince have a grand jury it is difficult to convince entire courtroom jury. we were told grand jury
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indictment of mccabe was expected to be handed up last night. that did not happen and mccabe's lawyers say the new york times and washington post suggesting the grand jury declined to indict, that is not the case, the times reports as the grand jury came and went without filing a public charge which is not the same as declining to indict and washington post cited the new york times but the justice department is standing firm. mccabe's attorney say a personalty to the us attorney for washington dc and deputy attorney general jeffrey rosen to not move forward with charges. both appeals were denied. the charges against mccabe are based on the findings of michael horowitz, concluded mccabe lied to federal investigators about his role in a leak to them news media. that leaks confirm the fbi investigating the clinton foundation. mccabe who works with cnn file a
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wrongful defamation suit against the fbi and justice department. >> mccabe's team is pressuring the doj to drop the case against him while the attorney general is reviewing the doj watchdog report on alleged fisa abuses. let's bring in bradley mohsen former assistant attorney general john you. great to have you. already the senate judiciary chairman lindsey graham is talking about next steps. >> the senate judiciary committee will call mister horwitz and he will testify under oath about his report and we are going to pursue this in a transparent fashion, declassify as much as we can including the fisa warrant applications. >> what are your expectations? >> finally seeing accountability come home. it's not the end, it is just the
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beginning of the end because not only will you see this report, where we will finally see the truth of how did this fisa warrant get approved, what information did the fbi give to the course, did really rely on the steel dossier or not, we are going to see a special counsel investigation by the attorney of connecticut, the us attorney in utah and ultimately the white house can declassify all of its information is making available not just congress but the american people. i think finally we are going to see, if you believe the mueller report and there was never any collusion between the russians and the trump campaign we went on a year and a half to your wasted time of national effort and money, resources, we will find out if it was an honest mistake by the fbi or something more in the various. >> a former fellow prosecutor on another television network defended andrew mccabe and his actions.
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>> this is an extremely unusual prosecution. andrew mccabe had the right to speak to reporters. that is beyond dispute is deputy director of the fbi had the right to speak to reporters, he also has an impeccable record is one of the most honored and successful fbi agents of his generation. >> what are your thoughts? >> it goes to the weakness a part of the government's case if they choose to bring this false statement felony charge against andrew mccabe demonstrating his intent, the rational, the motivation to knowingly and willfully provide false leads to investigators is always going to be difficult because he had the authority to authorize that week to the news media and it wasn't some part of a deep state tool, it was a leak that helped the trump campaign, it heard hillary clinton so what his intent would have been, how to demonstrate
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that was always a weakness and probably why the grand jury is balking at the moment, they can't convince a grand jury there's no way they will convince an actual jury at trial. >> some viewers eyes glaze over when you carter page, andrew mccabe, inspector general michael horwitz. why does this matter so much? >> even if a jury might not convict it is important for the justice department to bring charges because people like mccabe are at the highest levels of the justice department. it is because they have to set an example for the rest of the country. if they are lying to fbi agents and federal investigators how do they expect average citizens to interact with the justice department. second, this is equally important, people in the trump campaign were charged for things, think of michael flynn and all these figures, they were all convicted of false
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statements, seemingly less significant than what mister mccabe's accuser said. to make sure there is equal justice under the law they have to charge one of their own i officials to show their evenhanded. >> final thoughts from you? >> michael flynn and george topless chose to be guilty. we don't know what would have happened if they had been charged, there was a volunteer choice >> mccabe is saying i'm not guilty, let's see what happens with the grand jury. >> gentlemen, many thanks. new tonight california highway patrol investigators trying to figure out what the red substance is anti-vaccine protesters allegedly tossed down on lawmakers in the state capital. of protesters shouted that is for the dead babies as she through the red liquid. lawmakers were forced to be the chamber. protesters are in the california is rolling back exemptions on vaccines for several dangerous diseases.
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breaking tonight, the family that owns oxycontin maker purdue pharma to conceal the transfer of millions of dollars from the company to themselves, that according to new york state attorney general. she contends her office has already documented $1 billion in transfers between the sackler family, banks, shell companies and advisers. there are growing concerns about a possible strike against general motors as contracts with united auto workers and detroit's three automakers are about to expire, national agreements with gm, ford and fiat chrysler at 11:59 pm saturday is unions target companies, gm is the initial focus of bargaining and if there are strikes, gm will be the first victim.
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snared in the bribery scandal face the music and it's just beginning, night court convenes next with the cases of felicity huffman and lori laughlin. i get it all the time.
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♪ >> mike: from "desperate housewives" to the big >> from desperate housewife to the big house, felicity huffman sentenced to jail time for her part in the scandal over parents buying their children's way as colleges. and molly line has more from boston. >> reporter: confessed, contrite and sentenced to two weeks in federal prison by a judge in boston pharmacy huffman, one of the most recognizable faces in the college admission scandal became the first parent to face justice in the case.
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she stopped and apologized to students, parents and colleges impacted. he didn't speak to the throng of media waiting outside but released a statement promising i will try to live a more honest life. the former desperate housewives star pled guilty to one count of conspiracy and fraud admitting she paid $15,000 to a phony foundation, paid a talented test-taker. prosecutors called for one month of prison and showed little sympathy to her claims of parenting challenges saying most parents did not step over the line. huffman's lawyers argued for probation and community service. the judge ultimately determined prison time was warranted. >> how do you feel about going to jail? >> saying she knew what she was doing was wrong, that was a fraud. trying to be a good mother does not excuse it. another dozen parents a sentencing in the coming months.
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the question remains is huffman's sentence a benchmark they can look to. what could it mean for the parents moving forward for trial including other famous faces in the case, lori laughlin. lori -- felicity huffman must be determined by the bureau fresen on october 25th the. mike: thanks. all eyes are on full house star lori laughlin who went a different route and pleaded not guilty for her role in the college admission scandal and is facing 40 years in prison. to native legal eagles are here to weigh in. criminal defense attorney katie chekhov ski, great to have you. felicity have been gets 14 days in prison, a short time but still prison. what is your reaction and what are your expectations looking ahead to lori laughlin? >> doesn't matter if she got a day jail or a year because her reputation is completely ruined forevermore in the same will
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apply to lori laughlin as well. as far as what her sentence will look like, people are jumping the gun because she may not be convicted and there is good reason for that under the supreme court case law that we can get into for a long time but assuming she is found guilty i don't think huffman's case is very comparable. there are a lot of differences in facts and the amounts of money in the remorse felicity huffman showed won't be something lori laughlin can .2. >> is aunt becky facing serious prison time? >> if you look at the felicity have been case, 10 days seems like a slap on the wrist was the catania mcdaniels, a homeless woman who enrolled her child in the wrong school district was sentenced to 5 years in prison not for bribery but enrolling her child in the wrong school district, look at kristin mason who voted when she didn't know
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she was not allowed to vote in texas was sentenced to 5 years. the idea of 14 days in prison, more likely she will not serve the entire 14 days, a slap on the wrist, turning to lori laughlin's case i do think she will use onto becky to be part of her defense, a loving family woman as opposed to this person who spent half $1 million to bribe her children into school. we have to start giving criminals cover, stop blaming the crying and the court to get sympathy and treat them as, mastermind who did what they did. >> the judge infamously huffman's case and, quote, i think this is the right sentence, you can move forward and rebuild your life after this. without the sentence the community around you would ask why you got away with this. do you agree? >> the sentence was pretty much
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what we expected. prosecutors were looking for one month in jail, she pled guilty. that gives her great benefit to begin with. and the maximum sentence was not that great for what she did. i think it was reasonable. people want to see a pound of flesh for what she did, very entitled and dishonest, but that is not outside the norm. >> let me play what megan mccain said about this case and ask you to respond. >> i have a lot of fears about becoming a mother. i don't think that makes you bribe someone to break the law. i don't understand the logical connection, the poster children for what everyone hates about white privilege and she deserves to go to jail. >> your reaction? >> completely correct, when most people look at this it goes this
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idea, the myth of the american meritocracy that you can work hard, keep your nose clean, stay out of trouble and you will prosper in this country. what makes you prosper is having rich parents who can buy your way into college, who can buy your way to that internship for that job that you need. the punishment should have been more severe. 30 days should have been the minimum if not longer primarily because it cuts at the very soul of the american higher educational system and the concept that certain people get a difference because of race or will, they don't have to play by the same. >> thank you so much. the media marks is cheney and rand paul, we are looking at their nasty battle over america's wars and what it means for foreign-policy in the age of donald trump. mark walker joins us next to straighten it all out.
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♪ >> mike: a feud over who is more aligned with the mike: a feud about
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foreign-policy getting personal between the third ranking republican in the house and fellow republican senator rand paul. it gets to the heart of what we have been talking about about how this president sees the world and his ability to shape it. jillian turner, neither appear to be backing down anytime soon. >> reporter: the republican conference chair and kentucky senator are still going at it. there war of words is in full swing after igniting 24 hours ago. we don't often see interparty conflict about these issues like the us role in the world, failure and success in the first 2 world wars, you might grab some popcorn for this foreign-policy fight. the number 3 house republicans went after rand paul's isolationist views of accused him of a warped sense of global reality.
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>> there are issues with you put america first as donald trump does or blame america first as rand paul does and has for years. >> paul back saying as far as legacies go better to be called an isolationist man a warmonger. putting american lives at risk for the sake of other countries. >> the problem with the cheney's is they've always been never trumpeters, they hate donald trump's foreign-policy, they want to stay in afghanistan forever. >> cheney slammed paul for being weak on military spending and engagement overseas. typing up donald trump's efforts in the process. one of the most important things the president has done is devote resources to build up the military. and everett senator paul is not supported. >> paul took to twitter to highlight the new direction of the gop in the m aga era. wrong on foreign-policy the past few years, the neocons of is cheney. republican leaders downplay the idea that there is a split in the party. >> it is a difference of opinion when it comes to national defense.
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and it is simply that. people can have a discussion about policy. >> both sides appear to be currying favor with donald trump but the same time both have different worldviews demonstrating the gop's continuing evolution in how it sees america's role in handling hotspots from afghanistan to syria. >> thanks a lot. that red on red battle for america or afghanistan going on at the gop retreat in baltimore, republicans pouncing on the democratic debate when it comes to guns. mark walker joins us now. great to have you. what do you make of this battle between cheney, one of your colleagues, and senator paul? is this a battle about the future of the republican party on foreign-policy between the more hawkish wing in the libertarian wing? >> it is a battle but it is healthy.
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working with liz, she is tough as nails but it is a healthy dialogue, it is not always that regime change is necessary. there are times when a stronger presence or stronger military approach involves things for later on. what he is doing is cleaning knowledge from both of these strategies, the heavy-handed one is unfair to call isolationist, one rand paul supports which is the least amount the better. he takes his opinions, lindsey graham and others and comes down with the best long-term military strategy we should have. >> on guns, here was the president at the retreat. >> democrats want to confiscate
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guns from law-abiding americans, totally defenseless when someone walks into their house with a gun. it is like whatever you want, whatever you want. i am defenseless, whatever you want. how crazy is this? >> beto o'rourke talked about taking people's guns away from them yet the washington post abc poll says 89% favor universal background checks. what do you do? >> anything we do. the president signed two specific bills into law, the fixed next to make sure we are following up with any recording going on for someone looking at the background check but if you look at the facts in the last several years since the 1990s gun ownership is gone up 60%, close to 130 million guns. at the same time 50% has gone up, violence has dropped in half
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so as far as beto o'rourke i served with him for a few years. he had to promise when running for senate if you like your ar 15 you can keep it. last night he was saying he's going to -- it may be the reason beto never got anything done in congress, because he doesn't understand the difference between the executive branch versus the legislative branch. >> there is great anticipation about the upcoming eiji report about deep state stuff? what your sense of what this report will do on capitol hill? >> the person that knows as much as anybody on this is john ratcliff. we talk about this, it is important to look at what happens with the inspector general, you are looking at a few weeks, these classifications
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and negotiations that go on that 80% of this report should be made public. a lot of people, former fbi officials should be uncomfortable. i believe it is going to prove that president obama, some of his administrative officials, the fbi, reason carter page to target the president. if so, if we can prove that, in the words of lindsey graham this could be bigger than watergate. >> thanks for your time. a house divided, profound differences between the moderate and progressive wing after last night's debate sending shockwaves through the party. our panel ways in after the break. managing lipids
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to defeat the president next november. here's a recap from houston. >> reporter: who is a better guardian the obama legacy? his former vice president or three secretaries? >> sureties. >> reporter: joe biden the front runner, charges by julian castro that his ideas are outdated. >> outdoing the legacy of barack obama. >> reporter: he didn't think the vp was clear on that. >> are you forgetting? >> reporter: the biden campaign, not only was it a low blow but secretary castro got the facts wrong. what was castro getting at? >> it was reflected that he denied -- >> biden is one of the top candidates not supporting medicare for all like elizabeth
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warren does. >> middle-class taxes go up with your healthcare plan? >> families pay less on healthcare. >> taxes specifically? bernie sanders doesn't concerned about cost either. >> medicare for all, $30 trillion. status quo over 10 years, $50 trillion. mike: biden believe sanders is overlooking problems eliminating employer-based insurance for the employer's. >> for socialist you have a lot of confidence in america than i do. >> beto o'rourke used this to talk about confiscating guns. >> we will take your ar 15s. >> reporter: democrats. to eliminate tariffs with china. >> he would like to see me making a deal with xi jinping. >> reporter: everyone on stage had a long way to go to catch biden even though he keeps making curious statements.
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>> make sure you have the record player on at night and kids here were. >> reporter: and quite concerned about age, biden promised to release medical records soon. releasing your medical records -- >> what concerns? you want to wrestle? >> democrats of tried to take biden to the mat but no one can keep him down for long. all the extra attention on the former vp has less attention on talk about trying to impeach donald trump, almost 3 hours on stage, 0 mention of impeachment. >> peter doocy, thanks. democrats as divided on the airwaves as they are on stage, beto o'rourke promising mandatory buybacks of ar 15s and slavery reparations. here's how they responded after the debate.
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>> i don't think having our presidential candidates like congressman o'rourke say we are going to take people's guns against their will is a wise political move. >> beto had an outstanding night, passionate and commanding in a way that he hasn't been before, he finally figured out why he is in this race. >> not suggesting beto will be president but some democrats are warming towards far left candidates. let's ask former deputy assistant to the president george w. bush brad blakeman. it was julian castro going after julian castro and afterword cory booker went after him again. >> a lot of people are concerned about joe biden's ability to carry the ball across the end line. castro has legitimate concerns. a number of us were looking
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onstage when he tends to go on, talking about record players, definitely moment you listen to joe biden and wonder. >> reporter: is there a danger of those attack damaging biden? >> people watch biden with baited breath especially democrats because the gaffes do occur and will continue to occur but as long as they stay minor i don't think it will hurt him too much. people still believe he has the best chance to take on donald trump. he has a good lead in most of the major polls. i don't think castro's attacks will hurt biden is much of that hurt him because it looks like a low blow. i still think biden basically is unscathed for right now. mike: generational attacks made the ladies on the view quite uneasy.
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>> don't do that. that was not what we needed last night. you have an issue with older folks that is your problem. >> this old thing has got to stop. 25% of the electorate is over 65. i am one of them and i vote. be careful what you do with old people. >> and one of the debate kamala harris went after biden and stuck the knife in it was fine permitted and then her polls went south. mike: is their risk of these attacks alienating reliable the voters? >> no doubt about it. it is quite evident that joe biden has been running for president for many decades and his party as joe biden do it has long since passed him by. joe biden was a progressive but certainly not a socialist. bernie calling himself a socialist last night. there is an identity crisis.
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what do they stand for? so far it is taking guns and taking your money and it's not a winning strategy. >> was there a clear winner? didn't move the needle? >> i think there were some who stood out in terms of the way they paint themselves like beto o'rourke. i believe he was passionate. i don't think the statement about confiscating ar 15s will help them in the long run. but i think it probably was joe biden's strongest showing. he kept the gas to a minimum and was able to engage a little more and talk about what he wanted to do, not just the trump is so messed up the details about his plan. >> it was not joe biden's finest hour, the fact that you judge his abilities when a debate by how many gaps he makes is our high bar standard. i got to tell you it was a bad episode of survivor, the second, third tier candidates were trying to make a breakout moment.
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warren was strangely quiet when the attacks were going on. there are people working with each other now. mike: thanks. neil -- neil gorsuch likes to stay away from criticizing opponent but has strong words for those who view the constitution as a living breathing document. we sit down with the supreme court justice next. ♪ like a drifter i was-- ♪ born to walk alone! ...barb! you left me hangin' on the high harmony there. if you ride, you get it. geico motorcycle. 15 minutes could save you 15% or more.
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♪ >> mike: the supreme court was the deciding issue of rob: the supreme court was the signing issue for many voters. donald trump nominated neil gorsuch to be one of the 9 justices. shannon score the first television interview with neil gorsuch since he joined the court. neil gorsuch, justice for the republic. >> most important thing that a president of the united states does is appoint people, hopefully great people like this appointment to the united states supreme court and i can say this is a great honor. >> was anything more unexpected than challenging than stepping into the role of being a justice? >> 25 years since i clerked and
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pretty much the place was as i found it, small, like a family. i have particular vivid memories of coming to back. >> reporter: one story involved his old boss, just as ways. >> justice ginsburg -- i was asked to prepare his law clerk manual to give to her in case she found it easier. 25 years later i get a note in my inbox, you may remember this. i hope i improved a little bit over the years and you find it useful. >> reporter: then there is justice clarence thomas who served since 1991. >> i remember his booming laugh, dragging a library card which had a name tag on it like a
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third grade teacher's name tag saying justice thomas. i kept wondering, i think he has a life appointment, why had does he have a name tag? heading into my first conference as a justice, what do i see? justice thomas with a library card. >> reporter: after working for white back in the day, neil gorsuch clerked for kennedy. >> talk about civics and civility. >> reporter: kennedy became, after neil gorsuch was confirmed, the first justice to serve as one of his clerks. kennedy was long the swing vote. course such was expected to be more in the mold of antonin scalia who happened to introduce him to the legal philosophy known as original is him. >> i never heard the word originalism.
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justice scalia coming to speak, he talked about originalism and it had a profound effect on me. >> reporter: the concept sounds simple, interpreting the law according to the original intent of those who wrote them. >> the right in the constitution given in 1789 apply today, they can never be taken away. the alternative is what they call a living constitution. judges making it up. who would want 9 older people in washington dc governing a continental country of 300 million people. judges should fearlessly defend the rights people have agreed to, we the people, the first few words of the constitution, we agreed to in this document.
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now rights get taken away when judges have a living constitution. >> critics say things change with time and the constitution couldn't have foreseen everything we are dealing with now. >> the constitution is one of the greatest documents in human history and it deserves our respect. if you want to change it don't ask 5 people in washington to change it for you. there is a process, the amendment process. it is there in the constitution. it has been done 27 times. >> reporter: being an originalist doesn't mean decisions are predictable. neil gorsuch has raised a few eyebrows. for instance, he and ruth bader ginsburg were the only dissenters in campbell versus united states holding that if you are prosecuted for federal and state courts for the same crime, that is not double jeopardy. really? there are other cases in which he joined the liberals like a
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statute describing certain crimes by immigrants as unconstitutionally vague. you have been described as a maverick, someone willing -- willing to break with the conservative wing in key cases. is that a fair assessment of you? >> those are all political terms. they don't mean anything to me. follow the law as best you can understand, handed down the constitution. >> reporter: he believes people about the courts and its methods. >> it is a wonderful system we have, 50 million lawsuits filed in the united states every year, 95% by the trial court. the supreme court of the united states, 70 cases a year, that is it and those are cases where
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lower courts have disagreed strongly. 5 different -- 30 years, 40% of the time. >> reporter: what about all those decisions? >> those 5-4 decisions? we have a corner or a third for a long time too. this year everyone says this is what a 5-4 decision looks like. we have 10 different decisions on the 9 of us. it is amazingly strong, predictable, affected. >> head over to your fox nation apps to watch the directors cut of neil gorsuch, justice for the republic, hosted by my friend and colleague shannon bream. most-watched, most trusted, most
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grateful you spent the evening with us, it has been a great week, thank you for watching, good night from washington. i'm mike emanuel, shannon will be back next week. have a beautiful weekend, good night from washington. had no symptoms of hepatitis c. man 1: mine... man 1: ...caused liver damage. vo: epclusa treats all main types of chronic hep c. vo: whatever your type, ask your doctor if epclusa is your kind of cure. woman 2: i had the common type. man 2: mine was rare. vo: epclusa has a 98% overall cure rate. man 3: i just found out about my hepatitis c. woman 3: i knew for years. vo: epclusa is only one pill, once a day, taken with or without food for 12 weeks. vo: before starting epclusa, your doctor will test if you have had hepatitis b, which may flare up, and could cause serious liver problems during and after treatment. vo: tell your doctor if you have had hepatitis b, other liver or kidney problems, hiv, or other medical conditions... vo: ...and all medicines you take, including herbal supplements. vo: taking amiodarone with epclusa
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looking good, patrick. i know. (vo) go national. go like a pro. i want to see you in nebraska november 14 and 15. >> sean: welcome to this friday special edition of "hannity," trump versus the left. we begin with a fox news alert. the doj inspector general michael horowitz has now officially completed his investigation to fisa abuse. now the attorney general bar rshg has received a draft report, is currently reviewing those documents. and according to a letter from the house judiciary ranking member, congressman doug collins after barr is done reviewing the report, lit be released to you, we, the people, the general public. this is the culmination of a months' long extensive investigation by the doj's watchdog to what is rampant abuse of power at the very


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