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tv   Justice With Judge Jeanine  FOX News  October 6, 2013 6:00pm-7:01pm PDT

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spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. >> get the hell out of your elitist egg head power put on your big boy pants. mr. president, didn't you win the noble peace prize? yes, you are the one. give it back. >> hello, welcome to a special edition of "justice." i am judge jeanine pirro. thank you for joining us tonight. special forces one in somalia others in libya led to a capture of a high level al qaeda
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operative. here with the latest is jennifer griffin. >> the predawn raid on saturday by seal team 6 came a year ago today after the "black hawk down" incident after helicopters were shot down while u.s. sources searched for a war lord. they came ashore saturday where top leaders of the al qaeda affiliate al shabab were gathered. almost simultaneously delta force leaders surrounded the vehicle of this man who is now being held on a ship. al-liby said he pulled up to his house after morning prayers after he was captured. the top al qaeda operative was indicted in the southern district of new york wanted for more than a decade for his role in the 1998 east africa bombing. >> we hope this makes clear that the united states of america
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will never stop in its effort to hold those accountable for the acts of terror. and those numbers of al qaeda and other terrorist organizations. >> i would be wanted for 15 years. i also raised the question why you would get al-liby would get operatives from benza. >> liby will be interrogated for a few weeks before being turned over to u.s. law enforcement. he will not be sent to guantanamo bay. he is accused for carrying out surveillance on embassies before the 98 bombings. he hid from iran after the attacks and returned to libya in 2011 during the up rising of moammar qaddafi. the operation in somalia was designed to capture the kenyan of somali origin.
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al shabab and somalia a close associate of two somali's wanted for the 98 embassy bombings as well as an attack on a hotel. it is not clear ikrima was killed in the attack. sun sam moll/* some mollie was killed. they were not told about u.s. plans to carry out this commando raid against abu anas saw al-liby but three may have opened u.s. delta troops. with me retired u.s. army schafer from dc and former navy seal and member of the fbi joint terrorism task force jonathan gilliam is here with me in new york. tony, i am going to start with you. you commanded a joint dod, dcia base with two in kenya supporting special ops in
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somalia. what can you tell us about the difficulties that would have encountered by the seals yesterday? >> very difficult. it is importanto understand who you are going after and when you are going after them. the people that have to get into the circles they have to penetrate these tribes. tribes are difficult to penetrate. a rough environment by the fact of distance as well. the fact that we took a shot was good. the fact that we have not got confirmation yet is not good. we should try and continue to try and this should be one step moving forward in continuing to prosecute the effort against al shabab. >> jonathan, reports are there was a firefight as jennifer said possibly preventing the seals from completing their mission. no capture. what does that tell you? >> you have to look at the mission and the whole ramification of what it was. not only was it to kill or capture the individuals but also to eliminate or at least try to reduce their ability to carry on
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further attacks. you have two different types of missions that go along at one time. there is no clarification on a big part. there will be a diminished ability a of al shabab in the future. >> tony, in a situation like this are you guys given orders to capture or kill? is there a kill order verses a capture order? >> most orders you try to go in and capture. there will be this word of operation over drums. to figure out what you have penetrated. we want to go in there to disrupt them as well.
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we do all three of these things simultaneously. eliminating the target such as the mall attack needs to be eliminated. this is so soon after kenya. what does that tell you? >> part of this there is a concern that u.s. citizens made in the attack of kenya. al shabab recruited from the united states which is bad. the other thing now i think this group has been something on the radar since 2006. we have been targeting them. we killed high level al qaeda operative about a year ago. we have to continue to prosecute really hard. with that said i think we have good access to libya. i can't say why we haven't done more in libya.
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>> like picking up the prince drinking in tripoly who is accused of being one of the master minds behind benghazi. what do we know about liby the man captured in libya by delta force. you decide to use the seals and delta force. who decides which one comes in. >> the skill set is so evenly matched against the two groups that it comes down to who is in country and who is no rin rotat in that area. let's go back to the other mission you talked about. there's a ripple effect from somalia that starts with kenya. with that attack and that investigation what you are seeing is the ripple effect of the investigation there which is done by the fbi and military. that pushes into the dod and they further the attack. >> last question. now supposedly this guy al-liby is bringing back to the united states. how is that being accomplished?
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are they strapping him to the wing of the airplane? how do you bring back someone that you catake from another country? oo when we do that first we try to get whatever type of information we get before we bring them back in country. what was the real mission? was if more political? >> i want to know physically. this guy is now on the way back here. he is out of libya. where is he? >> what happens is the military will do the attack and then the hrt dukes over. >> hostage rescue team. >> quickly what is your take? >> our take is we don't have a path to dealing with them right now. we normally would take someone to guantanamo they want to try them in new york. i don't think there's a clear path for that. >> tony and jonathan thank you for being with us this evening. coming up, more on yesterday's daring terror raid. now that we have got al-liby
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what do we do with him? we are going to ask the top law enforcement officer in the nation. former top law enforcement officer. later, the latest on the government shut down. first, what do you think? should congress be paid during the government shut down? facebook or tweet me. we will read your answers later in the show. [ male announcer ] when you wear dentures you may not know that your mouth is under attack, from food particles and bacteria. try fixodent. it helps create a food seal defense for a clean mouth and kills bacteria for fresh breath. ♪
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>> they captured one of the most wanted terrorist in the world abu anas al-liby by is wanted for his role in the bombings in kenya and tanzania. will he talk? will he be tried in the united states? with me former assistant prosecutor john flanknery. you believe yesterday's actions and the capture of an al qaeda operative in libya essentially amounted to an act of war by the united states. why do you say that? >> instead of going in killing local soldiers and kidnapping the defendant in the case, which is what we are told, an elite fbi agent is now going to advise him of his rights on a slow shift to the united states but he is not going to be standing on a blank i guess to jump off then he will be brought back to the united states to stand trial
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in a 157 page indictment which he is named in three overt acts identified by an informant. oo a let me ask you this, the last time we asked the libyan government if we could take someone from their country, the lockerbie defendant who was living in libya, they said no. so what should we have done, asked them first and then said okay, we will go home? >> that's the problem about the world. if you obey the law, that is what you have to do. we went to the u.n. the last time they introduced the ruling. the united states doesn't argue from a position of strength. the united states won't abide by the international court itself. >> all right, john. >> we lose our moral imperative if you will if you say we have one when we run around like common criminals stealing people off the street. >> all right. thanks, john. >> with me now is distinguished former attorney general michael
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mukasey. you heard him it's an act of war. >> it was like the old john flannery that i used to know. it was hog wash then and it is hog wash now. there is no rule of international law that obligates us to be sitting ducks. if they won't control what's going on there or won't control people who are killing our people and attacking our embassies we can do something about it. what about t fact that this guy was summoned in 2000 and has been living openly in the last two years in tripoli. we know where he was. does he get advised of his miranda rights? he is a defendant in a civilian criminal trial. >> he is now aboard a ship. as i understand it from your report, they are not in any big hurry to get it back here. we have to keep it for a couple of weeks and try to de brief it.
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>> you try to de brief him he says i am not talking. >> he says i am not talking then you have to talk. we have done away with the cia interrogation which we had ways of getting people to talk that were perfectly legal that didn't violate any statute. none the less we are coercing. >> don't we have the high value interrogation team cia, dod that will question them? >> i hope so. i hope they are there and thoep they are doing it. there is a limit of how much pressure they can put on him. in order to evaluate the truthfulness of what he gives us we need time we need to double back. go back to people and look at other evidence and double back on him. we are not going to have a lot of time with him even under optimal conditions. >> can i assume that you would prefer he be designated an enemy combatant and sent to
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guantanamo? >> i would prefer we take our time. designate him as enemy combat t combatant. they said they were holding him under the law of war. they have shunned using law of war as the basis for holding somebody. >> the benton spokesman who said that. designation of the law of war as the rationale for holding this guy, does that signal that under the law of war something different may happen that may bring him down to manhattan? >> not ultimately. hold him under the law of war for as long as they think they can and get as much out of him as they think they can and turn him over to law enforcement at which point he will be held under the law which he will be held adds criminal. >> in fact, having a lot of these trial -- haven't a lot of these trials ended in
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strictness. >> they haven't been without problems. the last guy who got tried who they brought up from began tan mow he g-- guantanamo. he was convicted of conspireing to destroy government property that's the only charge under which he was convicted. >> let's hope we get whatever it is we need from al libi. it is alter a mrelways a pleasu having us with us. >> two raids in the same day. will we go after those responsible for benghazi. and don't forget to vote in our insta poll. should congress be paid during a government shut down. i can't wait to hear your answers on that one. (dad) just feather it out. that's right. (son) ok. feather it out. (dad) all right. that's ok. (dad) put it in cond, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) st like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (d) put your blinker on. (son) you didn't even give me a chance! (dad) ok.
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>> secretary of state kerry says he will hunt down those across the globe who will do the u.s. harm. who is the next target? author of the brotherhood eric staying stagelback and kc mcfarland and don burrelly. >> i am going to start with you. the secretary of state says you can run but you can't hide. the problem was that al libi was not hiding. what is up with that. ? >> he was out in the observe for two years after qaddafi fell. he was living in the capitol. he was living in britain for years. he was given asylum in great britain. many al qaeda members given asylum there. >> so then eric i will go with
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the next one. he was walking around drinking cocktails talking to reporters. why didn't they grab him and bring him home? >> that's the first thing i thought of. we had the raids in somalia and libya. we had the greatest special forces we showed that yesterday. why are the men in bbehind beng still walking around? no straight answer there. >> with these raids both in africa one in libya the other in somalia does it highlight what a hotbed of terrorism africa has become? oo the fact that we put boots on the ground in both places we haven't put boots on the ground any place except getting bin laden. we have stepped it up. >> don burrelly what has caused them to step it up? >> i think we realize we don't want africa to turn into the next afghanistan. we have seen areas where there's barely a functioning government
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are a safe haven for terrorists. the organizations can grow and thrive. if anything was learned in the lessons of afghanistan we have to be there now. >> not only that but the failed state where they set up shop in somalia and libya, i was in egypt, their muslim brotherhood is closely tied to al qaeda. people think it's another political party it's not. it is affiliated with al qaeda. >> casey, you know that. how come the president didn't know that when he was supporting them in egypt. what is happening with that. you reported these terrorism task forces. especially related to the international component. what does this tell you? we are going in doing these quick hits capturing and killing. we still don't know the whole story from somalia. is this the new war? is this how it will be conducted? >> it is hard to tell. i think this is a positive
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sight. we have had fbi agents working on the benghazi situation. granted there is more work to be done. i take this as a positive note that maybe we are making headway. we have to take baby steps with these guys and i take this as a very good sign. >> do you think that the kenya mall attack is insurance kate gated that aren't pi picking up libi who has been living openly in tripoli? >> i think the major concern they have right now when it comes to somalia al shabab has been actively recruiting here on american soil dozens of u.s. citizens somali americans have gone from places like columbus, ohio minneapolis over to somalia and trained with al shabab. >> minneapolis with the mall of
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america and talking about so many of the american somalis living there. is that now a concern? >> the issue with minneapolis is many leave minneapolis to go fight with somalia with a nationali nationalistic view. >> they want to fight us in the place we are living. >> we saw this with the man responsible for the subway bomb. he left new york with the intention of fighting in afghanistan and then he was co opted to take the fight back home and plot against the u.s. this is the issue in some maley is they could believing with one goal in mind and their mind changed and they co opted to take the fight home. >> kt i have to tell you when i think about the bombings all of the warnings we got from russia and youtube and jihad videos and all of that i worry we have the ability to identify this stuff
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and these people within this country. certainly there is going to be retaliation. >> of course there will be. the problem is not so much we are collecting intelligence but we are not putting everything together. the boston bombers we were warned against but it fell through the cracks. >> more than once. >> everything seems to fall through the cracks. why? i think because we collect so much intelligence we have created so many bureaucracies. >> you are part of the fbi. why is it falling through the cracks? >> it is not necessarily falling through the cracks. we asked them not once but twice and asked them for additional information. >> there are a set of guidelines under the attorney general. >> hog wash with the guidelines. now we want to comply with the guidelines. these guys want to kill them.
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>> when -- the fbi has a certain set of guidelines they must comply by. when they make the investigation. >> thank you so much for being with us this evening. the government shut down, is there any end in sight. the standoff that has america stuck in the middle. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.
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lap in houston. his car went airborne and hit a protective fence. debris from that showering the grandstand. he suffered a concussion, broken right ankle and two fractured vertebrae. 13 fans also hurt in all of that. now information on the terror raid by u.s. special forces. the target in somalia was an al qaeda commander a foreign fighters there. his name is akrema. there was fierce fighting in that raid. our team had to move quickly and left the body. we don't know who died. in libya the army's delta force captured al libi a suspected al qaeda member in the suspected bombing. now back to the judge. >> we are in day 6 of the government shut down with no end in sight where republicans and democrats continue to face off with the american public caught in the middle.
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joining me is the congressman from california. >> great to be back on again, judge. >> before we get to the shut down issue you remember the intel committee. what is the latest you are hearing on the terrorism raid conducted by the special forces yesterday. >> tomorrow we will be getting briefed on the somali raid. i am a little bit concerned about this idea that we picked up al libi who has been implicated indicted in the bombing of our embassies. i think it is a big mistake to bring him to the united states. he should be going to guantanamo and getting interrogated for not a few weeks not a few months but years until we find out everything he knows about al qaeda and their affiliates. >> i just had guests on who said they have 2450ez high value interrogation scenes cia, fbi
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and dod that can do just as boogood a job. what do you say about that? >> nobody wants these guys here. i don't want them in my district. i don't want them in new york. put them in guantanamo and interrogate them. >> let's talk about the numbers. the american people are fed up by every one of you. when is the government coming back? >> i think the american people should be upset with us. for one republicans have been critical with our party. i have been an outspoken opponent of obama care. the strategy that ted cruz laid out and few in the republican conference followed was the premise that somehow shutting down the government miraculously obama care would disappear. that was not the case. now what we are waiting for on the shut down side of things is
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for ted cruz and allies to come out and admit to our party base that in fact even if we keep the government shut down obama care still move forward. but now you have a situation where two folds of men. now you have on tpresident obam closing down war memorials putting up barricades making this as painful as possible for the american people and now refusing to negotiate on the debt limit. >> congressman, i have to tell you there are arguments on both sides. i know the house agreed to fund the government but not to fund obama care. at the end of the day i am being furloughed my pay is being held back. my integral question tonight is should your pay be held back until you figure this out. >> let me guess. i am sure it's 100 percent. what i am doing is i am not going to take a paycheck until the government reopens. we passed a bill yesterday that all furloughed government
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workers will get a paycheck. the problem is that we have with this strategy is it's a successful strategy to shut down the government but it's not going to end obama care. what we have to do is focus the fight is to reign in the country's spending and hold this president and this administration accountable. >> congress nan man nunes thank you very much. >> republican strategist brad blake man listen to president obama talking about the shut down. >> when it comes to negotiations, i said i am happy to have negotiations with the republicans and speaker boehner on a whole range of issues. but we can't do it with a gun held to the heads of the american people. >> joe, why does the president continue to ramp up this rhetoric of violence a gun to
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the head of the american people. the republicans have bombs strapped to their chests, that they are terrorists. isn't that beneath him as a president? >> i don't know if it's beneath him. it's blackmail, whatever you want to call it. dumb tactic would be a better way to talk about it. >> even blackman the whole point is to negotiate it. they are supposed to say if you don't fund this i will talk to you. i will talk to the guy from iran but i am not going to talk to republicans. >> that's what the republicans are saying. as congressman nunes is saying it is an incredibly dumb tactic that is not going to, would. all he has succeeded in is shutting down the government. you try to repeal obama care. you say if you don't de fund it we are going to shut down the government which you do. the>> they didn't say they were going to shut down the
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government. >> that's exactly what they said. >> no. >> that's what ted cruz. >> ted cruz is just a part of it. what congress voted -- what the republicans voted was to keep the government going and de fund obama care. the president then says, you don't fund obama care we are not negotiating. there's nothing to negotiate is there? take over. >> the president brought this on himself. the president's law was passed obama care no doubt about it. but the way you repeal it, the way you amend it is going back to congress. the president unilaterally went beyond his authority by amending his own law and excludeing businesses for a year. republicans said if it's good enough for business mr. president why not the individual. while i agree as a republican we should not tie this to the cr, the fact of the matter is the president by his own iffiat has said i will not negotiate. it takes three to tango the president, the house and the
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senate. >> here's the thing. you know what, joe, the democrats say this was a law that was passed legitimately and the supreme court upheld it and the president was re-elected. i thought about it. i said you know, janeane, this really was not like passed in the senate. they didn't have the 60 votes. this obama care law is the result of reconciliation which is a little different than actually having the sn gnat pass it because they didn't have the votes so they kind of stuck it in the budget. yeah? what do you have to say to that? >> that could be true. it doesn't really matter. it is the law of the land the pr supreme court found it constitutional. there are two things i will not understand about this. if obama care is the abomination the destructive force that is going to destroy everybody in the country that people are going to be waking up premiums are three times what they were and you can't be kicked off
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health insurance then the democrats will never win another election. that would mean if the republicans carry the senate in 2014 gain the house and elect the president 2016 which is how you change the laws in this country by winning elections. >> in the meantime the country goes bust. we have no money. >> in the meantime the republicans have shut down the government which is -- >> yes, they have. >> let me ask you -- joe, in the last 17 years rather in the last few years there has been a shut down. who remembers the speaker of the house? it is the president who shuts down the country. the buck stops with him. >> obama care is not going to be
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negotiated. it is not going to happen. it is not going to happen. >> okay joe and brad. thank you so much for the spirited debate. coming up, more on the government shut down. what do you think congress should do? and should they be paid during the government shut down? facebook or tweet me at judge jeani jeanine. we will read your answers later in the show. ♪ [ male announcer ] let's go places. but let's be ready. ♪
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>> the republicans blame the democrats. the republicans blame the democrats. each day that goes by they are fed up with all of them. who will be the first to blink in this game of high stakes
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chicken. democratic grat gistrategist fo. they are fed up with all of the finger pointing. should we goat everyone on congress? >> that would be nice. unfortunately we are not allowed to do that. what we need to look at though is who is responsible for this. the house passed bills. the senate is refusing to look at it. they are refusing to actually have an honest conversation. >> in this blame game does it matter who is at fault? at this point does any one gain? you hear them saying the republicans and democrats saying we are going to win, they are going to win. do they not understand they have got to roll up their sleeves and do this? i am not talking republican verses democrats. you work for us you should make this happen. >> i agree with you. we are not checking for disease
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outbreak. there's 800,000 employees that are furloughed. it is time for them to get back to work and they need to get back to work funding the government. >> hasn't congress passed the bill. they will fund the government but not obama care. you have some the american people. number won the president talking like that is beneath the office. number two what is to negotiate. >> congress is a broad word to call it. it is one side of the house two members of the side of the house. >> i am talking about how we got them to begin with. we are talking about a small caucus. >> we are here now the house passed a bill that said we are going to fund it but not obama care. it's as simple as that. >> i think kem krademocrats are opening up the government.
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>> here is the question. why are we going to give up the only chance we have of negotiating. >> we already negotiated. >> we are looking at republican numbers. >> what are you talking about? the sec kwoer was the president's idea and they signed it. >> there is not a public option. we have given republicans everything we want. 82 percent of federal workers are working. in every single one we have tried to go back the cdc whatever else you are saying>> that is a political ploy. >> we passed in the house. we will not do it. >> you pass bills that would allow for you to go out and have michelle bachmann at the memorial and that is a political ploy. we need to fund the entire united states government. >> richard, is the president
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ready to allow the default of this country? wou we would remember that that happen -- >> he could pass it right now tonight if he brought it to the floor without the rule. >> they already passed a funding the government the senate takes it back. >> we have done that. >> i like the last segment. the law of the land will not get repealed. >> nobody is talking about this. it is the result of reconciliation. it was not passed the way walter passed they didn't have the 60 booths with senator ted kennedy died. they brought in scott brown. on the eve of christmas let's do reconciliation on the budget. now is the law. >> the law is the law is the law. in all honesty conservatives hold on to our guns and bibles
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we have to ask why are the democrats playing so closely to obama care. >> they have individuals and conditions. >> that right there is this is about middle class and working families having the ability to get healthcare. you guys are holding them hostage. that is part of the problem. >> you kick them back and then it was the default. then people get social security. >> exactly. >> thank you for being with us tonight. coming up does this government shut down nonsense all go back to one thing? remember the movie? obama care. jane segalo after the break. >> should congress be paid while the government is being shut down? i would like to tell you what i think. ♪ 'take me home...' ♪ 'i'll be gone...'
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>> he didn't know how many signed up for alabama care. as usual not able to answer a direct question about obama care. let's not forget the friend at the ir sshg will be handling in large part part this. >> you represent many of the conservative groups targeted by the irs. how can the american people trust obama care with the irs involved? >> you can't. ifs fair to say the irs is incap capable of enforcing obama care. with every week that passes we are getting a new revelation about the irs. last week it was dr. ben carson giving the speech.
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never had an issue with the irs before they got on it by the speech before the president. you could say coincidence. i don't say coincidence any more. >> they are going to decide whether you get a mastectomy which kind of healthcare you are allowed to get which triment. obama care is not ready for prime time. they are at the benefit of all of the people from twitter, facebook. do they refuse to hold themselves accountable to anything? >> i think the reality is if we don't have the government shut down issue that is in the media this last week if we didn't have th the story would have been launching obama care with all of the tech savviness were not able to do it. you mention the enforcement of obama care being handled the irs. anybody watching this broadcast
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with sensitive information they may or may not share it. the irs is free wielding with who they are sharing information with in fact violating their own rules and regulations and federal law. i think the reality is the answer is quite simple. obama care is falling on its own because it is not economically feasible. the reality is the irs has the mechanism to enforce it is not capable. between the enforcement issue and monetary aspects of it it just doesn't work. you have the union calling to stop it. everybody wants the exemptions. everybody wants everything moved back a year. >> the board president they want a waiver they get it. small business it will not get that labor. >> i am optimistic build the lawsuit. you also got at the same time, judge, a series of cases now on
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the way to the supreme court mandates and individual exemptions. i believe the court will take those. they will strike them down and it will be a significant glow to obama care. at the end of the day we will keep fighting. >> we asked you if congress should get paid during the government shut down. over 8,000 of you responded. almost every one of you said no way. i don't think they should be paid when the government is running. janice says hell no from the president on down they are acting like a bunch of immature brats. put them in the horse barn and lock the doors until they are done. we don't get paid to not work why should politicians? >> that is it for us tonight. thanks for joining us. remember to facebook me and friend me on facebook follow me on twitter at judge jeanine.
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>> >> republicans want to party since 1995. >> 800,000 government workers furloughed. >> em barbarrassing reality, government shout down. how will america survive? >> it could put them at risk. >> it is pathetic. it is not responsible. >> nancy pelosi says it is cut to the bone. >> there are cuts more cuts to . >> the cupboard is bear? >> it is filled with stuff. >> government cupboards overflowed.

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