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tv   Smerconish  CNN  September 5, 2015 3:00pm-4:01pm PDT

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television. >> are we qualified to do this? >> these are tv dramas. >> there's so much television. >> your category is animated tv stars. >> ♪ believe it or not i'm walking on air ♪ >> you think oh, television, that will be easy. >> turns out, it's really hard. >> and a reminder, you can get all the latest news at cnn.com, and our mobil ab. summer connick is next. i'm michael smerconish. you know, labor day traditionally begins the political season. ours is well underway. we'll get into it with some great guests. >> our constitution was founded on faith -- by our -- >> no, it is not. is this woman in jail because she being her denied her religious freedom, or is she more like an american version of the taliban? and hillary clinton finally speaks out about her e-mail
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scandal but refuses to fully apologize. i will speak with the attorney general who says shes that plenty to be sorry about. the jobs report game out, the numbers look good but donald trump says the economy is terrible. 93 million americans are still out of work, advice from dave ramsey. and is obama's iran deal bad for america? allen dershowitz thinks so, and he's here to tell us why. we start with groups that include groups called "club for growth." are exploring options to try to diffuse the campaign of donald trump for not being an economic conservative, and being the worst kind of politician. is this the beginning of a conservative backlash against the donald. speaking of trump, here is something i wonder. is he getting an unpaid political commercial every time americans see this sad footage of the european migration
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crisis? do americans see that and ask themselves could it happen here? joining me now, beckel, bernard, and stone. it sounds like a highpowered law firm. bob beckel is a former fox news anchor. michelle bernard an independent analyst. and roger stone has since left the campaign. roger, i'm looking at today's "new york times" so it must be true. the club for growth and other conservative groups are all now plotting and scheming to take down the donald. >> the political establishment is soiling their britches over the rise of trump. this is just another manifestation of the political establishment apoplectic about trump and the fact that he's not be holden to lobbyists and all the special peers in washington. no wonder the political establishment is in panic.
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>> the donald continues to command all the headlines, including a headline generated by a headline he did with hugh hewitt. i want to play a tape and ask you if this is gotcha >> are you particular with general soleimani? >> yes, go ahead and give me a little -- go ahead, and tell me. >> he runs the quds forces. >> yes, okay. >> the kurds have been horribly mistreated by us. >> no, not the kurds, the quds forces, the bad guys. do you expect his behavior to change? >> i thought you said kurds. >> no. >> i'm sorry, i thought you said kurds. >> what do you hear in that tape? >> what i hear is donald trump instead of having an issue to throw back at somebody, he is a lot of things and i think he is stronger than people give him credit for. every political analyst that says this guy will be gone is
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wrong. it is about 35% of the republican elector rate. he needs to get more serious on policy, not attacking everybody. he gave hugh hewitt a little back handed slap, that was about it. i think donald trump for the first time -- and roger may know a lot more about this than i do -- i think the guy thinks he might win now. and if he does, he's going to have to give himself a campaign that reflects a presidential candidate. >> but michelle bernard, he can't win out knowing the difference between hamas and hezbollah. >> exactly. not only does he have to know the difference, he can't just write it off with the typical trump response we heard in the interview with hewitt earlier this week, where he basically said, it doesn't really matter. by the time i'm elected in 16 or 17 months by now, all of the players will have changed and i will know what i need to know by
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then. you need to know now, because you can't really -- it's foreign policy 101. i think the question was fair. it wasn't a quote/unquote gotcha question. i think quite frankly donald trump's response, not so much on the quds versus the kurds, i will give him the benefit of the doubt, but his responses in terms of not knowing the answer, pretending it's not important at this point in time, and then deflecting about building a great wall and being the best military person i will be so good your head will spin. that is someone running in the republican party where foreign policy issues are so important to so many voters. >> you allegedly wrote the internal campaign memo that was leaked to the media, that talked about trump following the reagan style of speaking
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thematically and not in specificity. has he reached a point he may have to speak more specifically? >> no. it didn't stop risk from botching up benghazi, hillary knows all the the names in the middle east. donald trump understands the big issues. we're not looking for a chief -- we don't need to get down in the weeds. this is not about arcania. it's about the big picture, and donald trump grasps the big picture. >> bob beckel, i voiced my theory at the outset of the program, that the migrant crisis will play a role in the 2016 cycle. do you agree with me that it reinforces the concerns that the donald has put into people's heads what could happen here? or to some, what is happening here?
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>> he adjusted to that quite well. i think we should take some of the refugees over here. the things he's done this week -- he decided that the votes that carson has, for example, dr. carson, that the votes that carson would get -- he laid off a little on bush. you can attack donald trump which is dangerous, or agree with him which is more dangerous. at some point, i think you will have to started talking with specificity, but he is not ready to do it. although he's hiring some people to help him. >> michelle, he makes an interesting point about the interplay between carson and trump. i have to say, this cnn debate coming up on the 16th is big, and that's what i'm most interested in. what is the dynamic between the two "front runners." do you think donald trump goes off ben carson? >> i don't think he will go after him unless ben carson goes after donald trump.
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carson is doing well in the polls right now. it is amazing to see this happen. after the fox debate, carson spoke what, maybe two or three times. his biggest line of the night was when they finally asked him a question and he sort of brought the audience to applause and laughter by saying, he didn't think they were going to call on him begin. so the cnn debate is going to be a very big deal for carson. not so much from my perspective to see if donald trump will go after him, but to see what he will say in response to all of the questions he was asked. he has made so many gaffes throughout the campaign, and made statements that quite frankly a lot of people find horrifying, now he'll be on the national stage. and i think donald trump doesn't have to go after him, ben carson is either going to be his best friend or worst enemy. >> roger, what do you say, is he going after ben carson? >> i don't think he goes after
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ben carson unless ben carson goes after him. he only attacks those who attack him, but he attacks back at twice the force. >> did the man who wrote "the art of the deal" -- >> on the contrary, i think he gave away nothing and got everything. what did he get out of that pledge? >> i think he gave away nothing and got everything. >> how is that in? >> he has a written commitment to every for every one of his opponents to support him if he gets the nomination. so he gave away nothing and he got everything. classic art of the deal. >> let me show footage of vice president biden speaking very emotionally this week. >> the factor is can do i it? can my family under take what is
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an arduous commitment that we would be proud to undertake under ordinary circumstances? the honest to god answer is, i just don't know. >> you wrote this week that the man ought to retire while on top, why? >> well, for two reasons, he ran for president twice, and he was embarrassed twice. he had a plagiarism issue on one hand. on the other, he ended up less than 1% of the vote. this guy has been a public servant all his life, and a very good one, the idea of going back in and doing this again, and getting beat again, and he will get beat. i don't care how good joe is. i did his first senate race. when his family sits down and talks about it, he looks in the mirror, he's going to say, this is not the way i want to go out. trump also has a deal with the rnc if he decides he wants to run for a third party candidate for some reason, he can. who's going to stop him?
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>> finally, a one-word answer from each of you, does vice president biden get into this thing? >> no. >> michelle? >> maybe. >> bob? >> no. roger? >> no. >> and interesting interplay in kentucky. they feel pulled for the primary audience to be supportive of her, but that is a losing method. >> i totally agree. if she has religious objections to her responsibilities, she could resign. i think jailing her is pretty ridiculous. >> thank you to my guests. talking about kim davis, a county clerk, who has become a symbol of the resistance to the ruling by the supreme court that marriage licenses can be granted to same sex couples. my next guest says religious liberty in america is in grave danger. head of the family research counsel is headed to kentucky
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tuesday along with mike huckabee for a free kim davis rally outside the jail. thank you for being here. you have written, this is wrong, we jail criminals, not people of conscience. explain. >> look, we have a long history in this country of ago dating people based on their religious convictions. we have military conscientious object objectors, we don't say they can't serve, we don't force them to be in a situation where they would take a life. we accommodate prisoners, students. even under this administration, they have changed the status, they don't have to pledge to take up arms to defend this country. this is unfortunate. it's a dilemma created by the court, in the redefinition of marriage. and it's also a travdy because the governor, governor brashear could have resolved this issue by calling the legislature into session and making accommodations for clerks who do not want to be a part of same
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sex marriage. simply allowing the name of a deputy clerk to be on the certificate rather than the clerk. >> it's interesting to me that you make a military argument. professor jonathan adler in the washington post did likewise when arguing on the other side. he said, think of it this way, someone who objects to war due to his religious con convenience has a right to not serve in the military, even were there to be a draft. but he does not have a right to serve as a military officer, draw a paycheck from the military and substitute his own personal views of when war is justified or that of the government. and the same applies here. doesn't professor adler make a winning argument? >> no, because there are many conscientious objectors who serve in the military, who serve honorably in the military, but are not forced into a position to take up arms. they serve as medics, in administrative support. they serve in capacities. what this is, what the courts
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have done here is to establish a reverse religious test, for those who have orthodoxed religious view about marriage, they would be prohibited. they would be barred from serving in a position of public trust. look, michael. for many people in america, i understand, religion is kind of like the dial on their car stereo. if they don't like what they're hearing, they turn it or push scan. for others, for millions of americans, their faith is like a gps that guides every turn they take. we have accommodated them. >> it reminds me of that which we are fighting overseas. here's another hypothetical. imagine it's not the marriage bureau, it's the dmv. and there's a muslim clerk who takes the position that the muslim faith doesn't recognize the right of women to drive. i'm not going to give driver's licenses to female drivers. we would go crazy over that. absolutely not, you're imposing your religion on society.
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>> well, first, the standard of accommodation is that it does not do harm to society. if it offends, that's not something we take into consideration. if they would be barred from getting a license, that's a problem, if it's simply saying, going to the next clerk -- that's what we're talking about here, you want to use a foreign analogy, a little over a year ago, i was working to advocate the release of a young woman who was imprisoned by her third world government for her christian faith in sudan. little did i know a year later i would be advocating for a woman behind bars for her religious. >> can i tell you, i don't think she should be behind bars. i think that's an overreach, but this is not some liberal jurist, he's a devout catholic, the son of former republican senator jim bunning. you get the final word on this. >> the governor could solve this
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issue just like they did in north carolina, make accommodation accommodatio accommodations like we have done historically. this hasn't happened. the governor has refused to accommodate her beliefs. >> i argue, i think she's now ill suited for that job. i want to know what people think, you can tweet m me @smerconish. i may show your tweet later in the show. ♪ ♪
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digestive core.r so choose ultimate flora by renewlife. it has 30 billion probiotic cultures. feel lighter and more energized. ultimate flora. more power to your gut. the dow finished this week with a triple digit loss. i have the perfect person to sort it all out. joining me now from nashville is dave ramsey, heard by more than 8.5 million people on a weekly basis. they tune in to hear him on more than 550 radio stations in the united states and canada and i heart radio. he has several best sellers. people are jittery, is this 2008 being played over again?
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>> i have no idea, but i personally invested in 2008 all the way down and all the way out. the world didn't come to an end in 2008. we thought it would for a minute, but it didn't. and i don't think it is anywhere near that sort of thing. >> people are panicking, and i know that you're a long hold mutual fund kind of guy, am i accurate in seeing you're not advising people to sell today? >> it's the wrong time to sell, if you let your emotions manage your investments you will be broke your whole life. ride the ride, enjoy the ride, it's part of the ride.
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you need to know that about the markets. the markets come and go and that's part of the beauty of them. you will not lose all of your money, just smile, you lost a little money if you cashed out today. if mine went down or up, i didn't lose any money because i didn't cash out. >> this is all playing itself out now against the backdrop of the 2016 presidential election. donald trump said something the other day that caught my ears. i heard it said by others, i want to play it for you and then ask a question. >> if you look at the economy it's been terrible. we have 93 million people out of work. they look for jobs, they give up, and all of a sudden statistically they're considered employed. our economy is doing terribly. we lost tremendous amounts of jobs to china, japan, mexico, and so many other places. it's really very sad when you look at what is happening. we have taken away -- they've just destroyed our job base. and we have to make a lot of
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improvements. >> dave ramsey, the new jobs numbers came out on friday and they caused unemployment to dip to 5.1%. and yet i recognize from statements made by donald trump and others, that we have an unprecedented low level of job participation. it's hard for a layperson to make sense of it all, in terms of what is the job market like? >> if real unemployment was 5.1%, that would be considered full employment. meaning everyone who wants to work can. what they've done is they've changed the statistical measures to where we have people who want to work and are not being issued there. it's a misnomer when you change the calculation to get the numbers to go down. in that sense the donald is on track there. there is a lot of people are unemployed and are not being counted as being unemployed. and i think the stock market
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reflects that. when we saw that dip on friday following these numbers. at best we have a lackluster economy. i don't think it is as dramatic as he has stated, but it's not as good as people on the other side are stating either. >> do you believe there's been enough intelligent conversation about the economy? >> no, it's all soundbites at this stage of the game and they're just running around throwing lawn jarts at each other. it is almost sadly humorous. i tell my listeners that most of your success, if you're watching michael and i right now, it doesn't have anything to do with washington, it has to do with you. so don't be looking to one of these candidates to fix your life. that's going to mean your life sucks. >> you think they get too much credit and blame? >> absolutely. absolutely.
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i prospered under every version of conservative, liberal, democrat, republican, right wing, left wing, all of this goes on, i'm old, i have done this a long time and my radio show gets bigger every year. i sold more books every year. but you have to get up and leave the cave, kill something, and drag it home. there is a preoccupation with the circus, people are waiting around waiting for one of these guys to fix their lives. >> you had an interesting exchange with dr. ben carson. i would like to show it to the audience. >> my plan is based on the bible. and the concept of tithing. i think god is a pretty fair guy. he thought it was fair. you make $10 billion a year you pay a billion. you make $10 a year you pay one. you have the same rights and
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privileges. there are people who say, it's not fair, the guy that put in 1 billion he still has 9 billion left. that's not fair we need to take more of his money. that is called socialism. those systems never work over the long run. >> you questioned dr. carson in that exchange. i know you have been inviting others in, here comes the next cnn debate, what does dave ramsey think is the financial question they should each be asked? >> do they have the political will to cut spending, really. not just yak about it, cut increases in spending, but actually cut programs. i run a business and occasionally you have to prune a rose bush to have beautiful blossoms and roses on the other side. that means cutting things that no longer work and recognizing them. anyone that has good walking around sense, knows there is a huge level of that at the
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federal level. it's way over due. >> it's great to have you on the program, wish you all good things. >> thank you. still to come, hillary clinton finally directly addressed the issue of her using private e-mail while secretary of state, her answers didn't satisfy one former attorney general. he will join me when we come back.
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despite all of the domestic and foreign issues, hillary clinton can't get over the controversy of her private e-mail as secretary of state. here is part of her explanation she offered nbc's andrea mitchell yesterday. >> i was not thinking a lot when i got in. there was so much work to be done. we had so many problems around the world. i didn't really stop and think what kind of e-mail system will there be? >> my next guest, a former federal judge and u.s. attorney general finds this not just hard to believe, but illegal. in this this op eds in the wall street journal, clinton defies the law and common sense. judge, before we go into the weeds, tell me in lay terms what
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did she do wrong? >> okay, she did two things. depending on what was in her e-mails and what she knew. the first thing she did that i think was wrong, by any standard, is to carry on her official e-mail correspondence on a private e-mail system. that is something that no reasonable person in government does, particularly in a job where you're dealing with a lot of controversial information. she says she didn't think, then certainly people around her would have tapped her on the shoulder, or should have, and said something. but the inherent nature of what she was dealing with is that it had to be on a secured system and it wasn't. that's the first problem. >> what's the second? >> the second was wiping the server after she turned over what she says were all of her official e-mails.
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she turned them over in paper form rather than electronic form that makes it difficult to word search, or to search them at all, but also eliminates all of the meta data on there originally. so that essentially is destroying part of the record. we don't know what else is there or if there is or items that should have been turned over. >> of what legal significance, if any, is that these e-mails were not at the time staffed -- stamped classified. >> it's of no significance. what the law protects is the information, not stuff that's either stamped or not stamped. that's not the determining factor. the determining factor is the obvious classified nature or sensitivity of the information that's in the document. >> i want to put up on the screen something you wrote for the wall street journal.
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you said this, it's a misdemeanor punishable by imprisonment by not more than a year to keep documents or materials containing classified information at an unauthorized location. the issue doesn't turn on whether the document or materials bear a classified marking. you just repeated that here. then you say, this is the statute under which david petraeus former army general was prosecuted for keeping classified information at home. however the individual who oversaw that prosecution responded to you, that's ann thompki thompkins, here's what she wrote for usa today. i oversaw the prosecution of general petraeus, this comparison has no merit, the key element that distinguishes secretary clinton's e-mail retention practices and david
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petraeus, petraeus knowingly took part in illegal conduct. >> the key phrase is based on the known facts. we don't know at this point what wicket knew about the classified name of that material. on the other hand, the more the material comes out, the more it becomes obvious that she could believe it was classified. there was one communication with tony blair about a conversation he had on benjamin netanyahu and he says we should talk about this on a secure line. now, for somebody to say they didn't know that contained classified information is absurd. there's an executive order signed by president obama that says anything relating to communication with foreign powers is automatically deemed information that could hurt the security of the united states and, therefore, is classified. so she really has a hard time denying that she knew. >> in the case of general
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petraeus, he wrote classified information as i recall the facts of that case into a journal that he then gave to his "biographer." that seems like a clear cut case where the guy absolutely knew what he was doing was wrong and did it nonetheless. i don't know how you get over that hurdle for secretary clinton. >> the way you get over it is to find out what she actually knew about what was there, what conversations she had at the time, what was in all of the e-mails that were on that server. and we have not yet seen or heard that. we don't know what she said to various people around her. they haven't yet all testified. >> judge, i should point out in this cycle, and you correct me if i'm wrong, you're a jeb guy, who i think has been informally offering counsel to him. you're here offering your legal analysis. i read the e-mails that have been released thus far, i felt a little dirty doing it because
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there was nothing to do with benghazi. my worry is, we're making it difficult for the next public serve an the to tap their friends and advisers for candid counsel. take 30 seconds and tell me if you think that's justified concern. >> i don't think it's a justified concern if you solve the problem by putting it on an e-mail server. you can have a conversation with them in a room. if they send you an e-mail about your official duties and about material that you're dealing with as an officer, then that is a public record, the public is entitled to know about it. when i was in government, i didn't have any private e-mail server, i didn't have a private communication device. all my communicating was done either in documents that were public or on television or in person. >> thanks for being here. >> thanks for having me. up next, the iran nuclear agreement looks like it's about
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to go through, there's a lot of uneasiness, especially from professor allen dershowitz who wrote a whole book attacking it. he's here to explain. ely qualif. so what else can you give me? same day delivery. the ottoman? thank you. fico scores are used in 90% of credit decisions. so get your credit swagger on. go to experian.com, become a member of experian credit tracker, and take charge of your score. while you're watching this, and take charge of your score. i'm hacking your company. grabbing your data. stealing your customers' secrets. there's an army of us. relentlessly unpicking your patchwork of security. think you'll spot us? ♪ you haven't so far.
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the day after the proposed nuclear arms deal was announced, allen dursherwitz wrote a book in 11 days about the iron deal. congratulations on the book. before we get into iron, judge casey was here and we were talking about secretary clinton, professor alan dershowitz joins me now. before we get into iran, judge mukasey was just here, and we were talking about secretary
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clinton. tell me what you think of what you heard. >> he's underestimating the expost facto clause. hillary clinton had to know at the time it was classified. she didn't know later that it was a substantial risk of prosecution. >> is iran all over now, except for the voting? >> no, no, no. i think why i sub titled my book -- i anticipated this vote, because the president manipulated it undemocratically, so that all he needed was one third plus one house of the senate. the majority of the house. now we have to figure out how to stop iran from getting the bomb. the problem with the deal it only postpones it for 10, 12, 13 years. i have a proposal, and my proposal we take seriously what iran commits to. where they say iran reiterates
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where they will never under under any circ emsubstances seek a bomb about. >> we will act, we will strike? >> we need deterrence. we need to have that sword of damaclese hanging. i wish he would have said, you will never be able to develop nuclear weapons. we've eliminated the military option, realistically, we allowed them to bargain with us as equals. and they are the guys who invented chess and we were playing checkers against them. >> your good friend is netanyahu. >> that's right. >> any prospect of a first strike by him? >> i hope not, but if israel is ever confronted with the situation, the alternative of a military strike, they will take a military strike, this makes that more likely, it also makes
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it much riskier for israel, it makes it more and more likely, it makes the inevitable development of nuclear weapons by iran more likely, even the senators who are voting with the president, many of them don't like this deal. we need to give them legislation now, that will toughen the deal without changing the words. tell the iranians for sure, we will not tolerate their developing nuclear weapons. >> bob casey senior senator from my home state. 17 page explanation as to why he's voting this way, and i guess he felt compelled to explain himself. let me ask you this question. a mistake for netanyahu to have attended that joint session of congress at boehner's invitation. >> absolutely not. >> did he not overplay his hand? >> no, he must defend the people of israel. he was invited by the head of the legislative branch of the united states government. the president should have
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invited him in, there should have been much more correlation between the legislative and executive branch, you cannot blame the prime minister of israel for not doing what check les vac ya did in 1938, laying there and letting their country be dismantled. israel has the right to defend itself and its people. if we ever get nuclear weapons we will destroy israel. it's a one-bomb state. islam will survive, but the jewish state will disappear. always take the threats of your enemies more seriously than the promises of your friends. >> i have a friend in philadelphia, smart trial attorney, he said, this is really an acknowledgement that when an advanced country seeks a nuclear weapon, you can't prohibit them from getting it. >> dead wrong. >> what this is really about is bringing iran into the 23578ly of nations, the world community to try to put manners on them. >> that's not going to work. they're going to get more money to repress dissent.
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israel stopped iraq, syria. the united states stopped libya. you can stop an advanced country from getting nuclear weapons if you maintain a firm military option coupled with tough sanctions. they will beat you every time if you approach them as equals. >> could there be a realignment? >> israel must always remain a bipartisan issue. i'm remaining a democrat, i'm going to try to push the democrats hard to maintain their support for israel. i don't think this will be in the end be as divisive as it is now. >> the case against the iranian deal, how can we stop iran from getting nukes. you don't look like a guy that's retired to me, by the way. say hello to your friend larry david. >> i will, of course. up next, what's the connection between this astonishing parade of luxury cars and missing pages from the report on 9/11 many i will explain when we come back. ssist.
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they're good-looking cars. it feels great. perfect. this is not what i would expect from a chevy at all. get more than you expect, for less than you imagined at the chevy 72 hour sale. now, get zero percent financing for seventy-two months on most 2015 chevy vehicles. hurry, the clock is ticking. get yours now. the seventy-two hour sale ends september 10th. find new roads at your local chevy dealer.
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sent into the thrown this past january, and if you wonder where our gas dollars go, i can tell you the king took over the entire four seasons of georgetown for his traveling party and the visit came one week shy of another 9/11 anniversary, and my pin says 9/11, never forget, and my friend sells them for the garden of recollection, and we don't have the answers of what gave rise to hijackers that killed nearly 3,000 people. we do know that 15 of the 19
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were saudi nationals, but we don't know for sure whether any agented as agents of the saudi government or senior saudi officials. the report said there was no evidence of such a connection but that finding is contested by two of the commission. plus, an earlier inquiry by congress supposedly points a finger at a saudi role and i have to qualify that statement because pages of that report never have been made public. bob graham was cochair of the congressional inquiry into 9/11 and he often publicly stated he believes there was a connection between the 9/11 terrorists and saudi arabia, and just yesterday on my sirius xm radio program, he said this. >> i think the evidence that at least some of the hijackers received financial and other
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support from agents of saudi arabia is incontravettiable. it allowed this group of men, most of whom did not speak english and most of whom had never been in the united states and many of whom had very limited education to carry out the complicated plot they did on 9/11. >> widespread reports say the 28 pages tie a saudi government agent to 9/11 hijackers. president obama has promised 9/11 victim family members he would release the 28 pages, but a review by the office of director of national intelligence just passed the one-year mark. in other words, the review has
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now taken more than ten days for every single page with no resolution. that's inexcusable. mr. president, please release the 28 pages before we mark yet another 9/11 anniversary. still to come, your best and worst tweets. can a business have a mind?
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a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive? i'm supposed to tell you how it feels when you book the perfect family vacation on hotels.com. but i think he's kinda nailing it.
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(music) hotels.com. they don't need me right now.
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judge and jury. how many people thought dave ramsey and smerconish were the same? two handsome guys. what can i tell you. see you next week. he was a rising nfl star racing toward greatness. >> what's the meaning on your forearm? >> then their unlikely paths cross. >> i know. i am sorry mom, but your son was shot and killed. >> tonight, the evidence. >> he said he was innocent. >> he is cha