to the jury that convicted the army sergeant of murdering protester garrett foster and raises new questions about why texas governor greg abbott is rushing a push to pardon this convicted murderer. foster's family and longtime partner have called the governor's call for a pardon. disgusting this has been a complete nightmare, court documents show, perry talked about killing people and shared racist memes and comments on social media, including a 2019 message saying too bad we can't get paid for hunting muslims in europe and in a facebook message in may 2020 just months before the deadly shooting, perry wrote. he might have to kill a few people on my way to work. another text said. i might go to dallas to shoot looters. perry's attorneys called the release of the documents of political move by prosecutors and said foster also made posts advocating violence in this 2020 post. foster praised the burning of a minneapolis police station.

perry's attorneys are calling for a new trial, saying they want to introduce evidence that foster repeatedly instigated confrontations and was the quote first aggressor. when the murder happened on july 25th 2020 perry, now a 35 year old army sergeant. worked as a rideshare driver and had just dropped off a passenger near a blm protest. prosecutors say perry drove into the protest and instigated a confrontation. perry's attorneys say foster, a 28 year old air force veteran motion to perry as protesters were beating on his car practice something some of them right legally carrying an assault style weapon. that night . perry had a handgun in his car and at some point in the exchange. he fired multiple times, killing foster. during the police interrogation. perry gave several versions of the position of foster's gun was going in there. they want to,

you know, also told police he did not try to kill foster honestly did not want to want him to die. i wanted to do was capacity him. texas jury rejected his claims of self defense. we reached out to texas governor greg abbott's office to find out if he was still pushing for a pardon of daniel perry. given this new information that has come to life, his office responded with a simple one sentence statement with fred. all pertinent information is for the board of pardons and paroles to consider, as this is part of the review process required by the texas constitution, and what he's referencing there is that the governor has to wait for the recommendation from that board before he can issue a pardon, but right now there is no timeline on exactly when that will happen. in fact, we should all remember that this trial isn't even over yet. the sentencing hearing hasn't even been scheduled. alison. ed thank you. i'm joined now by garrett

foster's longtime partner, whitney mitchell, and his mother, sheila foster, and sheila is joined by her attorney, quentin broaden, ladies. thank you so much for being here. so, sheila, let me start with you when you found out the governor abbott wanted to pardon the man convicted of murdering your son. what was your reaction? disbelief. initially and then. nausea and i've been sick for the past week. yeah i mean, whitney, you both waited so long. for a conviction. you waited so long for a resolution to this and then a day later to find out that the governor had plans to pardon this person. do you understand his thinking the governor's thinking. no i can't understand his thinking, um i don't understand how you can put

um all of us through through this and i really don't think he is actually looked into this case and has seen everything with the evidence and i yeah, this is just it's just horrible and it's really hard to describe this entire i don't know this entire just going through all of this honestly. we can imagine sheila now that all of these threatening social media posts have come out that daniel perry had written, saying things like he might have to kill someone on his way to work and quote, shoot looters. do you think now the governor abbott will change his position. i don't know what he's seen up to this point, and i don't know if he's looking at this stuff that has been released. um would that would be in my help with me that he would

see all of that and say. there's no way we're going to put this guy on the street. it is. clearly dangerous. whitney have you read some of these social media posts? yes i have. um i i've seen all of it. so, um. um and i felt sick to my stomach and i still do and there's not really any way to process any of that. it's just it's beyond disgusting. um yeah. yeah um, whitney, you were next to garrett. um when he was shot and killed. you witnessed it. was there any question as to who the aggressor was? i? it was perry. um he drove into the crowd. he

drove into the crowd and that that's what happened, um and. yeah that that's that's what happened. um and yeah, i i'm sorry. it's just, um all of this is hard to like. you know, it's just been reliving all of this and it's just hard going over over that night. um and it's just i've had so many people like gaslighting me about something that i saw w eyes and i watched i watched garrett die in front of me, and it's just absolutely insane. that i have to argue and like and humanize garrett. when i was there, so yeah. yeah. i'm so sorry that you have had to relive all of this. you know,

it's hard enough going through a trial and now the fact that the outcome is now in question because of what governor abbott said the day after, and it's very unusual for the convicted murderer, not even to be sentenced for a governor to announce a pardon even before a sentence. that's just that we can't find another case of governor abbott doing that. but whitney as i understand it. you and garrett were together since you were 17 years old and you and then and then when you got sick, you developed an infection . you lost your limbs and he became your full time caregiver in addition to being the love of your life, and so can you tell us about him? like. he was my best friend and um, he was everything to me. and when i when i got sick, we'd had only been together for a year and we

were like, only 18 years old, and he watched me go through so much during that time and he he stayed through all of it. um he never left my side and nothing changed. you know, when we got together and then you know, and after this happened, like nothing changed between us like , um and i just i've i always felt like a teenager with him until the time that he died, um like it's just been a huge hole in my life and i have been trying to figure out how to like , live without him and be okay. with that which i don't know. there's not a way for that there's not there's not any way to be okay with this, um it just this is just destroyed everything. um and i struggle

with it every day. so um, yeah, i just i miss him. so much, um. yeah he sounds really, really remarkable. and so, whitney, what do you want to say to governor abbott? what do you want him to know? um yeah. yes to know this is that this is wrong. and after all this stuff that's come out like even you can't tell me that you look at all of that and think that it's okay to let him walk. um because everything in there pretty much tells you who he is as a person. um and yeah. i can't understand why. you know, it's still be ok with doing this and even and he was found guilty. even when that all of what we've like. all of that's been out, um, wasn't like

the jury hadn't seen it yet. and so i feel like that speaks volumes. you know, um when people hadn't seen everything that's out right now, so i just i feel like everything is right there to tell you what kind of person he is saying that he was found guilty even without the jury seeing these vile social media posts, and yes, so, um, sheila. so what do you want to say to governor abbott tonight? i just. i would hope that he has the discernment and the wisdom to look over all of the trial evidence before he makes any decisions. um. i can't let i can't believe you said it. this is you've never heard of this happening because it never has. this has never happened in the state of texas, where the governor goes to the pardon and parole board and says i want you to release this guy. it's always

the board coming to the governor. and this is the first time this has ever happened. and this is a guy who was found guilty by a jury who sat in court for two weeks, and they deliberated for 10 hours the first day and i believe close to eight hours the second day. and they completely wasted their time. if this is if this is how we're going to do things now. right the judge the jury, the prosecutors in the defense attorneys, everybody. what was the point of the trial? if the governor is going to come in. and undo it all. it doesn't make any sense. i don't understand it . well, sheila foster whitney mitchell. thank you so much for your time. thank you for sharing the story, and we're going to stay on this story until whatever happens, happens because we, too are following it closely and want some more explanations from the governor. so thank you both very much.

we're thinking of you tonight. welcome thank you. thank you. good night. joining me now we have our friend, legal eagles, joey jackson here and senior reporter for the root. jessica washington defense attorney mr maris is here and former senate candidate joe pinion. um misty. he was convicted, daniel perry was convicted by a jury of his peers. 12 texans took their time out of their lives because this is our judicial system. and then the next day, um, before he's been sentenced that governor abbott announced his desire to pardon him. have you seen something like how unusual is something like that? it's completely unusual, and i think unprecedented this before the verdict sheet is even dry. the ink hasn't dried, no sentencing , no appellate process, and the governor is stepping in and essentially saying, i just don't agree with this jury verdict. it is a complete abomination. it is an abuse of power, and it's him infusing himself improperly into the legal system. to the extent

that he wants to refer this case into the pardon process, you have to let the legal process play out the sentencing and all of the appeals that you would see go into place in any criminal trial for him to come in at this point, and just say i don't like this verdict overturned. what a dangerous precedent to set. joe. we don't know exactly what governor abbott's motivation is. he hasn't explained it. however there was a loud drumbeat on fox that this, uh daniel perry should never have been convicted and that if he were to be convicted, he should be pardoned. so let me just play a moment of that for you. if that's not justified, shooting, there's no such thing. so this is illegal atrocities officer acted in self defense would shoot in this instance. i think you should be pardoned. i think he spent far too much time in jail already. and then lo and behold, the governor said that he would like to pardon him. look i'm not gonna kind of dignified the assumption that the governor abbott is get dealing out pardons because people at nine pm on a different

network told into i will say that whoever is suggesting that he should issue this pardon at this particular point in time when the ink is not dry when the verdict had not been rendered is giving him bad advice. it is a false errand. it is doing great damage to our justice system. i will say here that you know this to me brings back memories of 2013 were black man who also was an air force veteran by the name of michael giles found himself sent to prison for defending himself with a firearm and i think that the republican party does itself a great disservice when you have a person who is lawfully carrying an ak 47. when you look at the place of michael guards who still in the prison by the way, 25 years since to write any jail cell, a man who raised his hand as this man did to serve his country. we do a great disservice when we don't say yes. you have the right to defend yourself. yes you have the right to bear arms. and then suddenly when we don't like the cause for which you are burying those arms suddenly all of a sudden you're abandoned as that poor mother said it's as if the

jury wasted their time because her son's life had no meaning in the eyes of this pardon board and this governor if they actually go forth and doing what they seem like they're intent on doing right now, do you think the fact that these social media posts that the jury did not see that now they have come to light do you think that will change the thinking in texas. i mean, i hope so. but when you look at that this is a judge who was trying to be as fair as possible right in preserving and defending the defendant right, as opposed to allowing a jury to see this and be inflamed by it, and perhaps convict predicated upon that, and not the actual facts said you know what? i'm going to exclude that? you know, on the other side, there are social media posts. certainly that the victim the decedent had that you know, you might argue. should the jury have seen them? perhaps that is a decision for appellate review. there's an appeals process wherein an appellate court of value eights whether the judge made any judicial errors and if the appellate process plays out, and they make that determination, you get a new trial, potentially

there are series of state appeals alison and then it goes to the federal level. i just don't see how we can have a system that's workable when it's predicated upon politics, trials have to be about two things. the facts and the law, the facts and the law. not about whether you see someone waxing poetic who happens to be in your party who happens to be on fox news who happens to string this out to be a political well, i'd acquit him i'd do the same thing, etcetera, etcetera. the jury. didn't they sat there for eight days. they adjudicated after that, for two days of verdict rendered that verdict of guilt and this is a convicted felon and so to circumvent that entire process because you don't believe in a verdict, mr governor, you didn't sit through the trial. mr governor, you were not in the deliberation room. mr. governor you were not there for the 40 witnesses and so to anybody who practices before the court and i'm sure misty will agree as a practitioner, an outstanding practitioner ourselves. this just is an affront to the

judicial process, and it's sickening. quite frankly. jessica 10 seconds ago. yeah, it just watching his fiance talked about it. i think that really describes home how disturbing this was that she had to sit through this trial sit through hearing of all of these details . you know, hoping for this verdict, and now it's done. thank you all very much. okay. another important trial. dominion's $1.6 billion defamation trial against fox is set to start on monday. we've learned some of the questions that perspective, jurors were asked behind closed doors will tell you what those were next. mm. hmm. love is bigger than

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with questions, including about their viewing habits. my panel is back with me now one of the questions they were asked. the lawyers got to ask the perspective jurors do you regularly watch any fox programs on television or any other social media. and if so, would this affect your ability to be fair and impartial or do you avoid any fox programs on television or social media, and with that affect your ability to be fair and impartial? that's a good question. but how will they weed out like a super fan like a fox super fan or somebody who loathes fox? and that's really the problem with jury selection is that you can never be absolutely sure so actually, dominion had wanted more in depth questions to dig into the assumption of fox and the judge said, no, we're going to limit it to this one question. which really just says, are you? are you a big fan? or do you hate it ? because they want to buy us people and then try and figure out okay. can you put aside your opinions and be fair in the course of the trial, so there's no perfect way to do it? here

are the questions, joey that we're not allowed. these were excluded by the judge. um whether or not you believe the 2020 election was legitimate and whether you had any connection to the january 6th insurrection , those same important they may be important, but of what relevance is that to whether or not the fox personalities were spinning a web of falsehoods predicated upon an election? we're not talking about an insurrection. we're not talking about what your feelings are about an insurrection. we're talking about your ability to discern whether the personalities were giving information. here's the standard, right? actual malice is the standard knowledge of falsity. when you said it, you know it was false or reckless. disregard us to the truth. that's what it's about. so why are you bringing this information? so, the judge said, we're going to keep the trial about what it's about, and we're going to limit the questions to what should be proper before, but i kind of think if you don't believe that the 2020 election was fair that colors your opinion about whether fox was feeding you misinformation.

jessica heavily agree. it kind of seems like then you're already getting this information. whether or not you're directly watching fox news and getting listen for nation. this is something you clearly have, like our believing because it's coming from fox or similar networks. so i do think that would color your opinion on this case, but i do think it's incredibly difficult to find people who don't have any opinion on this, since it's all been so highly publicized. yeah, we have a highly divisive political environment right now . society is deeply divided that has bled over into our politics and now even going back to our last block talking about can we find people to be fair part impartial, i think increase. mostly the answer has become no . and i think again we have more politics wading into the mess of this, but i trust. hopefully the jurors in this case will see the facts and come to adjust missy and joe joey. do you think that it's gotten harder and harder to find jurors or it's difficult because of the social media and all of that, so finding people that don't that aren't biased can be tough. but you still weed

through the process is the same. and interestingly enough in this case, the falsity of the statements isn't even a question in a really unprecedented decision, pretrial by the judge . the statements are false. it's just whether or not there's actual malice we could see these jury questions are really tailored to that. here's another question that i think is fascinating joy do you personally know or have any opinion at all about the following persons who may be identified? mike lindell, rudy giuliani, sidney powell, listen bottom line is you want a fair and impartial jury, and if they have particular opinions about those individuals that may be negative or two positive that makes them not fair that makes them ineligible, and that makes them not right for that jury. um okay. and what do you think is going to happen, joy? well let me see as i am a predictor of all things, but nothing you're here. you're here into the future. there's two parts very quickly. one part is liability right is their liability. and that means is that fox do this with actual knowledge that it was false. and then after you

get through that you get to the question of how much money they have to pay. i think the jury finds if it goes that far that they acted with actual malice, knowledge of falsity, reckless disregard and that they issue damaging award. taking that as agreement. i agree. i think based on the pretrial decisions , i think liability is going to be they're going to get liability, but i think they're going to have a tough time on what the damage is actually our hold on bill maher and overtime is next. stick around. you want it? so many migrantnts complaing about how this was nothing like the easy route they werere promised. one of the world's most dangerous journeys, people clumping together, perhaps fearing for their own safety women, children risking their lives for a better life reminder of the violence faces migrants here every day. the whole story with anderson cooper premieres sunday at eight every sunday one whole story one whole hour. on

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maher bill and his guests answer viewer questions about topics in the national conversation. we're excited to bring you this lively discussion first every friday night. so here is over time with bill maher. hi cnn omar here with my panel from today's show actor, director and author of the forthcoming book easy money. ben mckenzie is over here. democratic congresswoman from california, katie porter. and host of talk to these years, working on centered pierce, morgan and the. here are the questions from people want to know what we think. here on the panel. what does the panel make of the two tn tennessee lawmakers who were expelled from the state legislature? all that was a big story this week. we didn't get to it. yes, they they were protesting because there was a shooting there they wanted

. you know, i think i agree with what they were saying is we need better gun control laws, but these are legislators, and they used a bullhorn inside the well of the senate of tennessee. was it this is st state legislature , um, and interrupted the proceedings, which, of course when that happened on january, the sixth in a much larger and more violent way all the people currently cheering on the two tennessee legislators. we're the ones who would have been condemning and castigating what happened, actually competitive. just comparing, comparing when you have a mob of protesters, and they're going into a legislative chamber, whether it's at the capitol or whether it's in tennessee, the principle is the same. and if you don't have the same principle response to both of those things, regardless of scale principle, the principle is different. they were tennessee legislature legislators who went into the

chamber and admittedly broke the rules of decorum, partly because they were being silenced when they wanted to talk following the rules of decorum about gun violence prevention what happened on january 6th was a bunch of crazy with guns. yes that is not the same. get it. like bill. i agree with what? the legislators who were doing the protesting. i agree with him about guns. everyone knows. i think that's why i left. cnn's right back. by the way on cnn. i agree with them. that's right. while last time i was on cnn talking about guns, thank you. bill probably get final ever again. um but i just think you in the end, you've got to be consistent about the way you view but that is a terrible, terrible analysis. they're not the same thing, but the principle i bring it up. that's a terrible analogy model people going in democratic proceedings , but it is not democracy.

whether you're on the right or left the princess. what i wish i don't think a mob of protests into a legislative building. they stopped the proceedings, right. they were a mob. the two guys were mom, all the other books that other people, but here's the thing. these guys are legislators. what i would say to them is like i admire your passion and then lie that young people your age are in government. i think that's good that you want to be in government and that just oblivious to it. um and the issue. okay we have valid point , but you're in the legislature now. the legislature. you don't need the bullhorn that's for when you're out on the street where you have to modulate. this is what this is what they do on college campuses. we just stop you from talking if we disagree with a bullhorn or shouting, they have to leave that behind. now you're inside. you're in the building. you got elected the way that affect changes. write a law do it that way. the bullhorn was well. right outside the point. to get a point about they

were in there. they had other opportunities. they can introduce the law. i also do want to say that rules of decorum are often used to silence people who do not have voices. and in this case, we're talking about two younger men, two black men to people in the political minority in tennessee . and so we've seen rules of decorum be used over and over and over again in this country as an excuse to exclude people into silence, people. so i think you're right, though, that that that i can't believe i'm saying this like i so deeply deeply agree with you about january 6th and how wrong piers is to try to equivocate didn't know. so what you were doing was playing politics. i talked purely about the principle of a mob of people going to stop democratic proceedings. let's let's stop happening, whether it's on the left or the right stop digging. i just love that they've been

reelected immediately and raised all this money and they're national heroes. oops didn't work. what do you make of prince harry's plan to attend his father's coronation without margaret? megan marco? god why do we give her i don't i didn't say. cnn built. no war on tnn, not me. uh how about that? what do you make of print areas? well, i don't know why we care so much you you have, you can care you have sent america to say this. but america has sent to women into our royal family. the first was wallis simpson. abdication. you are two for two, and it's not looking great. that's hysterical. so what happened so prince harry's going and she's not going and all his

family basically want to kill him, and she's staying here because i mean, look there. from my point of view. they're just a pair of little royal renegade grifters who want to have the royal cake and eat it. they want to keep the titles make hundreds of millions trashing their family again and again and again and again, and eventually, the royal family's gone. you know what shut up, right? basically would do. i mean, i would i would defend harry only into for is that he went to afghanistan, you know, i mean, he could have got out of that, as certainly the people in this country do with that kind of standing. and he didn't he went. he did honorable service for his country and he was a beloved prince to give you some idea how far he's fallen. he is now less popular than prince andrew. right? exactly thing about. you know, the royal family being racist. maybe they are certainly the history ever produced a shred of evidence to support that they were cold to me.

they're cold to everybody. they were called to diana and who was whiter than diana. just hold people. that's who they are. that's cool. the royal family races like she did an oprah winfrey. you've got to back it up with some evidence, not a shred of evidence has either of them ever produced for any racism from the royal family. so put up or shut up and stop smearing our royal family. okay, this is for you. how much do you think the failure to regulate crypto is due to lawmakers not understanding it. well, we just said we don't understand exactly . i mean, jon tester. reason no one knows what is right. but the salt no. sorry. sorry. cnn wisdom swearing on cnn blue. yeah i gotta get them renting. i do think i do think it's part that that that that that that that legislators didn't understand it, but i went there over the summer i went to d c with the journal jacob, who

wrote the book with me, and we had meetings, some of which i talk about the books in which i can't talk about. and the general attitude was, you're probably right. but i'm sorry, sam beckman freed has given us too much money. that's an blankman freed gave did the democrats $40 million. yeah his lieutenant gave the republicans 23. i believe the total is somewhere around $90 million in this draw donor scheme that is alleged to have happened. they bought them up both off and they bought them off, not necessarily in the sense that they passed bad legislation, which they could have done. there was a bill called sam's bill. that was going, you know, through the ad committee, potentially but they kept them from doing anything that was actually would have stopped this ponzi scheme from collapsing and ruining tens of thousands of people's lives. if not, i mean, millions of people now don't have access to their accounts at fdx. you've been very tough on the pitchman of oh, celebrities are the

celebrities are not the core problem. of course, they're just the megaphone necessary to spread. the ponzi shouldn't have done that. well, of course they shouldn't have done it. i mean, they shouldn't mean you shouldn't sell and registered and licensed securities. this is a this is actually against the law, and you also shouldn't talk for the exchanges that are doing that. but they're they're the this is what happens at the end at the end of the ponzi lifecycle, it gets as big as possible, and you need the biggest celebrities out there. i won't name names, right? obviously sorry, but other other big celebrities to sell for you . and that's what happened. how much of this do you think, though, was an enforcement problem versus because you you just said they are securities. these are your selling unlicensed securities. we have a securities and exchange commission schemes have been illegal for 100 years. give or take. what's the explanation that you have? for why the scc didn't take action in a couple of reasons. i think one of them is that it's regulators don't

have much incentive to pop a bubble. and potentially get blamed for it. until it's popped . once it's popped you come in you clean it up you go. yeah, you should have done that. but the other the other thing is that we're the only country in the world that i'm aware of that separates its securities regulation from its commodities regulation. we have a cftc and sec it's created a gray area. we need someone to oversee these agencies, in my opinion, someone to basically because they're fighting over it, and they're fighting over it. why in part in terms of my opinion, the cftc in order to get the donations blankman freed, met with the cftc chair, 10 times. 10 times. same met with them. monday is tax day, and i'm going to be investing in crypto because i understand. yeah all right. thank you, cnn. we'll see you next week. and thank you, bill. you can watch real time with bill maher on friday nights on hbo at 10 pm and then watch over

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are two lawmakers from different sides of the aisle. people are hyper focused on two issues, inflation and crime. violent crime is up, governor. you can't deny that. i understand that. but let's talk about real answers, even when you disagree with people. if you stand for something, they have great appreciation for that. every appreciation for that. every reporter in washington wants after my car accident, appreciation for that. every reporter in washington wants wondnder whahatmy c cas. so i called the barnes firm. i'm rich barnes. youour cidedentase e woh than insurance offered? call the barnes firm now to find out. yoyou ght t beurprpris our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do... it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters.

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using ai to mimic the voice of a public figure be holding up a sign on the highway or seat, honking your horn at a rally in 123? it's see you guys all got it wrong. you can't punk your horn anymore in california unless it is because you're in imminent danger in your car. honk kong kong, you know, as you drive by, like a rally. they do have bad traffic credible. wow, i like this. we're really loves company. yeah all wrong. okay, let's try it again. okay here we go. the dalai lama apologized this week for doing what a criticizing president xi's visit to russia be asking a young boy to suck his tongue or c skipping evening prayer 123. nope joey. no it's asking a young boy who

suck his tongue. he do that? yes on video do that video scary, just like it's hard to believe. but yes, grazie. that's the one. he was never going to barely missed that. he's okay. bye. okay, good. this is working next. vhs tape of which movie sold this week for $27,500. is it a fantasia? be the rocky horror picture show or c rockies in 123 turn over your paddles. it's see rocky. joe you're doing really well. fantasia misty. that's very cute. thought so. that is very cute. okay, so joe, and just zika got it right. you got it right now. the only question i get right tonight. all right, so i want full credit. i gave you credit. okay here we go. what dirty jobs are

did new york city higher this week? is it a rats are beef garbage czar or see sewer czar in 123? oh, you all knew that you all knew rats are looking. for your eye on rats are jewish . is that right? that's so cool . don't run this city to either, the mayor would say. listen, i hope the zoe's working tonight. what do you think? outside late night? i liked it. one of the crimes are but you know, maybe i'm old fashioned. no rats are rats, er big problem like it. one of the job descriptions was you had to be bloodthirsty. okay last two million dime's worth what? were stolen from a philadelphia truck. is it a $200,000? is it be $20,000 or is it c $2000? okay matter was

handled this trick questions about dropping down. i mean, are they vintage? done? okay, we're doing this a 200,000 b 20,000 c, but how many times again? two million million times. okay, 123 go. okay it was a i mean, i'm sorry, guys. i promised there would be no math. joey you lose. we'll be right back. the winner . to weld. oh you'll be right back with the cnn hero. well done, joe. my goodness. all i do is shoot. i would like to move it. move it. you're like the we're reinventing our network. like to move it, move it. this moment. come on. fast reliable, perfectly orchestrated. the

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