tv The Kelly File FOX News June 3, 2014 9:00pm-10:01pm PDT
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activities ta are detrimental to us, absolutely. >> as far as qatari, we've heard today the terrorists can roam around the country at will. they're only supposed to be monitored for a year. senate intelligence committee met to learn more about sargeant bergdahl. when he left the base, he left a note expressing disillusionment with the army, being an american and suggestions he wanted to go find the taliban. reported similar concerns when we interviewed two soldiers last night, who served with bergdahl in his platoon. cody, do you believe bow bowe bergdahl serve the united
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states with honor? >> he did not he violated his oath. he deserted us and put other americans in jeopardy. >> i don't want to see him hailed as a hero. i want him to face the consequences of his actions and possibly face a court marshal for deserting. >> andy mccarthy is here to talk about whether the actions could amount to an impeachable offense, plus, best selling author brad thor is here and first, in a stunning development, stunning development, the president state department appeared to challenge those two soldiers that you just heard from. suggesting that those men and others like them, are misleading the american public about sargeant bowe bergdahl and his
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actions in afghanistan. >> does the state department consider sargeant bergdahl to be a deserter? >> no. we've said is that we're going to learn the facts about what happened here >> according to those platoon company mates, they said he walked off. >> there are conflicting reports out there about this. >> the guy is on national television last night his platoon mates >> we don't know the fact pattern here, nobody knows exactly what happened that night. >> i think his squad mates have the best indication. . >> i don't think that is the case. >> they don't have the best information? joining me now is lieutenant colonel ralph peters >> i know you say you have never witnessed such outrage from our troops the state department's unwillingness to give the service men who served with bowe bergdahl their due, probably won't help. >> what you just saw and heard
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was benghazi 2.0. a political flunky in the state department insisting she knows better what happened on the ground than the soldiers on the front line, or the people in the fire fight. arrogance is boundless. i wish the obama administration, if it can't have the grace to be decent about anything else, at least stop insulting our troops. she called those soldiers in the front line liars by the way, she's the liar. because i can tell you from the first days, the first hours, the military knew exactly what bergdahl's status was. very never heard of or seen any report with the allegation he's a deserter. never. if i just may, there is an example of a deep divide between team obama, that knows nothing about the military and cares less, and those who serve.
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i think when you listen to susan rice and obama, they think desserting is like skipping class. you're hung up and you don't want to go to gender 101. it's the second military sin behind turning your weapon on your brother or soldiers can i not begin to communicate how deeply the military feels about deserters. and the point, please, i'm sick of hearing people even on fox, instant experts when never served in the military saying we always went after our deserters and bring them how many. we did go after deserters and when we got them, we shot them, or hanged them, or if in a good mood, we'd brand them with a "d" on their cheeks and forehead. in the 20th century we sent them to prison for hard labor.
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this is very, very great and team obama just doesn't get it. >> let's talk about their expectations because new reports today are that they were expecting euphoria at the announcement of the return. how did they get to the point of expecting that, ralph, when this man is very controversial. his own platoon mates i have yet to hear one say anything in his defense. >> well, i obviously, it's clear that obama is the emperor, nobody wants to tell the emperor he has no clothes. there are closed ranks against the outer world but they just don't understand our military. i believe that team obama thought that bringing bow bowe bergdahl home is going to result in a repetition of celebrations as we announced osama bin laden, frat boys from gw and university of washington jumping up and down in front of
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the white house. they detrayed the american people and misread our military. now, i don't think all of the angry soldiers want to lynch bowe bergdahl. this they tell him they don't want him called a hero. they they don't it said he served with distinction and honor. no, he didn't. his father speaking in psatu, the language of the taliban and praising allah. >> his beard is not attributed to zz top. because obama didn't host the survivors of people died in the va system waiting for care. and if he had wanted to honor
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our troops, instead of having mr. and mrs. bergdahl, father and mother of a alleged deserter and giving them more attention than he's given to any military family, he should have had the families of the six soldier who's died searching for, and trying to free bowe bergdahl. our president disdanes our troops and then does this. what is the price of getting private bergdahl back? releasing five of the most dangerous terrorists in the world. >> the president, you know to say he disdains the troops is so controversial. but what he did here is also very controversial. more with you in just a moment. thank you for being here. also, coming up on thursday i kelly file exclusive, six members of sargeant bow
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bowe bergdahl's team will be here, in new york to talk about what happened on that day in 2009. and answer the question. is he a deserter or a traitor, possibly? will anyone defend him? you'll see that only here. plus, the senate intelligence committee met for 24 hours after fox confirmed there is a classified file on sargeant bergdahl and some members have concerns he may not only have deserted, but may have been an active collaborator with the enemy. reporters are starting to ask about how the white house accidentally released the name of that cia station chief in kabul a week ago, whether this guy, who had been outed by the administration, was briefed on the terror swap. those questions have been posted to the administration answers
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not yet received. good of you to be here, senator. >> thank you. >> let's start with this file on bowe bergdahl and looking into he has been collaborating with the enemy. what can you tell us? >> well, after he was captured, there was a lot of unknown facts and those franks are somewhat still unknown the army did do an investigation of sargeant bergdahl. when apprized there may be a phone shall swap of prisoners for sargeant bergdahl, i asked for a copy of, and reviewed his file. they won't let my staff look at it. they would let me look at it. the article in the "new york times" shocked me.
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this note he left that indicated he was sympathetic to the taliban and unsympathetic to the american interest in this conflict was not included in that file. i'm very surprised by that because normally, those classified files are pretty inform tiff. but... >> do you think someone is holding out on you? >> i don't know. i was shocked today. what i do know is is that the army doesn't know, really what happened. and they haven't, apparently have detail statements from his fellow platoon members that have been very vocal over the last couple days. there was nothing in that file from -- regarding statements from any individuals as to what they saw that night. and there sf still a lot of unanswered questions by the army
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>> let's talk about those five guys you and dianne feinstein have come out repeatedly and said no to these five guys said we do not want to you release them, we object and think they're dangerous. administration, some officials had agreed with you. yet, couple years later without notifying congress, the president did it. do we have a reason to believe they've gotten less dangerous? how concerned are you about repeat violence? >> number one, they're more dangerous today than ever the longer they stayed in guantanamo bay the more radical they become. but if you leave them in guantanamo bay, as the president's own review commission recommended in 2009, then, you don't have to worry about them. that is fine. but the fact of the matter is that these are five of the most-dangerous folks in the world this, is mullah omar's board of directors
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his fab five team. individuals involved in high-level positions in the taliban. individuals who have been directly connected to osama bin laden from a financial standpoint. as well as from an intelligence standpoint. so these guys are dangerous they're, they are more hardened than ever, now. i have no -- it's totally irrational to me, as to what the president could have been thinking when he made the decision to release these five individuals and, all be it, you know you're a parent. i'm a parent i'm happy this young man is going to be reunited with his parents in idaho but this is a bad deal. it's a deal, that, unfortunately, impacts the national security interests of every single american. >> understood. >> it's a bad deal i know you're pushing to declassify additional intelligence relating to these men, senator, thank you for being here >> sure.
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action hours ago. >> this is what happens at the end of wars. that was true for george washington, that was true for abraham lincoln, that was true for fdr, that's been true of every combat situation that at some point you make sure you try to get your folks back. and that's the right thing to do. >> andy mccarthy is a former federal prosecutor who devoted his life to prosecuting terrorists and author of the new book "faithless execution." you started an article the other day said writing about impeachable offenses the writing must stop but impeachable offenses must continue. >> we have a commander-in-chief who has replenished the enemy in war time. there's a lot of chiter chatter the last couple of days about this 30 day notification statute and did obama comply with it. what happened here is a profound
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dereliction of duty. >> you're not focused on that 30 day notice. >> no president president obama may have a good argument that 0 day notice is unconstitutional. what happened here that's blatant is, you know, the president said the war is coming to an end. somebody should send that peoplo to the taliban and neither have the haqqani. they are conducting operations against our soldiers in battle. the president, the commander-in-chief the one who has the major responsibility not only for prosecuting the war but for protection is replenishing the enemy at a time when he knows they are still killing our people. >> there's been no surrender, andy. >> right. even by the president's timetable we'll be there for two years. he says we don't leave our people behind. maybe we do or maybe we don't but we'll be there for another two years. who is leaving? the taliban is not leaving.
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we're not leaving for another two years. >> that's the crux of it. that's what makes this case so different from the other battles, other wars he cites. to rise to an impeachable offense to cross a legal line doesn't the statue on providing material support to terrorists he have an intent to help the terrorists. >> impeachable offenses are not necessarily statutory violations of law. what the framers had in mind profound maladministration, things like misleading the public, conduct unbecoming, dereliction of duty on the part of the commander-in-chief. you don't have to be indictable to be remove scrabble. what impeachment is about is violations of the president's fiduciary duty to the country. >> the name of the book is "faithless execution." unbelievable, andy. thanks for being here.
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up next senator ted cruz and then best selling novelist brad thor what his sources are saying thor what his sources are saying and why eve you told us your number one olive garden dishes. now they're part of our 2 for $25 guest favorites! featuring your all time favorite creamy chicken alfredo and seductive shrimp mezzaluna. it's our most inspired 2 for $25 ever. at olive garden. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things.
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. in the 72 hours since news of the prisoner swap for sergeant bowe bergdahl broke there's been lots of talk about the u.s. servicemen who lost their lives in the effort to rescue him. but our next guest says we should be thinking about the number of troops that were killed trying to capture the five taliban leaders our president just put back on the street. senator ted cruz is a republican out of texas, he's with me now. senator, there's a reason why there was bipartisan objection to releasing these five guys for
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years here. >> that's exactly right, megyn. this entire deal is extremely troubling. the president decided to make a deal with terrorists, taliban that are closely affiliated and interwoven with al qaeda and that deal we released five senior taliban terrorists. and as you just observed a second ago, an obvious question that leaps to mind, how many soldiers lost their lives to capture these five taliban terrorists. and how many soldiers may lose their lives in the future if and when these taliban return to making war against americans or how many innocent civilians might be killed and, you know, as this thing has unwound in the last 72 hours and we've seen the questions that have been raised about sergeant bergdahl, there's a whole new set of questions that are raised about what the president knew and when he knew it. what they knew about sergeant bergdahl's conduct, all the serious allegations that have
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been raised, what kind of vetting went on or did they simply make this deal and send these terrorists over without doing any vetting at all and that's a question we need to answer. >> there are some reports there were objections inside the administration that were overruled and, of course, the army back in 2010 determined that bergdahl walked away from his unit. i want to shift gears with you while i have you because there was a fiery exchange with you on capitol hill today railing against the democrats in a proposed constitutional amendment that they have offered that would essentially curtail free speech. here's a sound bite of you. >> this amendment is about power and it is about politicians silencing the citizens. mr. chairman, when did elected democrats abandon the bill of rights? mr. chairman, where did the
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liberals go? >> they say this is about campaign finance and reigning in big corporate dollars. >> well, megyn those are their talking points but they filed an amendment to the constitution that would repeal the free speech protections of the first amendment. what the amendment would do if adopted is give congress plenary authority, absolute authority to regulate all political speech, it's not limited to corporations, it's not limited to the billionaires they talk about, it's every single individual citizen. and 42 democrats have signed on to repealing the first amendment. you know, in the course of the hearing i quoted ted kennedy who when democrats tried this back in 1997 he rightly observed for over 200 years we have nod amended the bill of rights and now is not the time to start. this should trouble everyone elected democrats are trying to give congress the foremuzzle
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citizens, to muzzle those planned parenthood and national right to life, to muzzle the nra and muzzle labor unions and muzzle individual citizens, to ban books and movies and that is contrary to the most fundamental protections our democracy is built on. >> it relates back to citizens united airlines a supreme court decision that the democrats and president remains very unhappy with. senator, thanks for being here. >> thank you. i'm very proud that so many people are standing up and are in fact using the #don'trepe the #don'trepeal1a. a couple of primary contests that could affect the balance of power in the senate. that's next. plus in the hours after the bergdahl deal was announced, brad thor shared a dramatic story from his many sources in
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coming in and this thing is razor thin the parts of the counties we expect him to do well in, he's cutting into mcdaniel's numbers in other parts of the state. key counties are still out we have no idea which way this is going to go. >> back to you when we know more, thanks chris >> you bet. >> back now to fire storm over the president's deal to give up five top terrorist suspects for sargeant bowe bergdahl. in the middle of questions about whether he was a deserter, there are reporting from army times tonight quoting sources that said he not only walked away the night he was captured but walked off base a couple times. previously. a "new york times" best selling author and the author of the soon to be released book "acts of war".
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i know you've written a piece saying the president put a target on the backs of all americans why do you believe that some >> because in our 200 plus years of american history, we've never traded prisoners for hostages before. susan rice, the things you've discussed on the program, what she said on the sunday talk show, he wasn't a p.o.w. this is a hostage. the idea we now will trade four americans whether they're military or diplomats, and even s sit-citizens we'll see around the world i think american citizens and diplomats are in more danger because he stepped away from his own unit. to grab someone in london, paris, in amsterdam, every
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american should be terrified about that. >> his defenders point out he was promoted twice while he was in captivity. our sources tell us that is standard unless you've determined an advance he's a deserter. one of his platoon mates on another network suggested prior to being held captive and going missing he said within days of the disappearance, military teams monitoring radio communications intercepted chatter indicating an american was searching for taliban members who spoke english and went on to say this, stand by. >> he's seeking out the taliban. so at least we know that. and yet, over the next couple months, all attacks definitely were more directed. >> i'm hearing what he was found
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it was a happenstance situation he was in the presence of what was described as 2, 3 afghan soldiers and used a pashtu word that means "intoxicated". there seems to be things we're hearing here. and the big thing, you picked up on this last night. i think it's posh, megyn. you made the proper distinction. he was not held by afghan taliban, he was hemmed by the hakanis. they're 80% sopranos and 20% al kwaed yachl they want aid bunch of money. they wanted a little bit down the road to get prisoners back. that is under george w. bush. the answer was no way. if "new york times" wants to pay ransom, that is between you when "new york times," hakanis upped
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the money they wanted from the "new york times" what doesn't make sense is that if you had a hot scoop, you won't give it to cnn and say make sure you promote five people at msnbc. hakanis got nothing out of this deal. there has got to be money here, whether white house directly paid hakanis or caused it through a third party there is money here, they need to be pressed on it. >> brad thor, thank you for being here >> coming up, she's a republican candidate running for u.s. senate in south dakota says she was attacked by left wing hateful comments. wait until you see what she to in response. it's a story you have not heard from bret baier that changed his life forever. don't miss this segment.
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strength from within our own fox news family. special reporter bret baier has a new book out today called "special heart." it chronicles his life successes and good fortune but then the story takes a challenging turn. hours after brett and his wife welcomeded their first child into the world doctors had some alarming news for them and what a journey it has been since that day nearly seven years ago. joining me now, my friend and election night co-anchor, bret baier. great to have you here. i remember it very well because you and amy had paul. you sent out the typical e-mail welcoming in the world and shortly thereafter we received an e-mail, my husband and i dated july 1, 2007 not as we expected. thank you all for your kind words and good wishes after the last e-mail. now we would like to ask you for something else. your prayers.
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>> yeah. that was tough. tough time. we had the moment where we had this blissful 24 hours with paul. and parents know that. when you meet your new addition and a nurse noticed he was turning pale. they took him for tests. they thought it was a bacterial infection. they called in a cardiologist. he diagnosed him with five defects. he had to go for an operation right away. >> paul needed emergency surgery. so you wound up going with him to another hospital and amy who had just given birth had to go home. she wouldn't up going home. you talk in the book, write in the book about her trip in that car next to the empty car seat and going home and what you heard in the nursery down the hall. >> we had this moment where we were getting ready to bring paul
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home, and we had planned for the car seat from the beginning. then we had this news and he went to children's national and she had to drive in that car with temple ti car seat back home. when i finally made it home paul was in the intensify cardiac unit. i left him. we were going back in the next morning. i heard her sobbing. she was pumping her breast milk. she was sitting in a nursery that was supposed to have a baby. >> she knew the breast milk who make him stronger. you go to the hospital to be with your son as amy tries to recover. and you write about what your little baby was going through. about how he was just a newborn. he was a day old. they are trying to find an artery and couldn't -- >> it was tough. i mean real tough because, you know, they are amazing what they do but this little -- couple day old baby that they are trying to
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get an a-line into an artery line and they couldn't get it, so they kept on poking him and his scream was getting weaker and weaker and i could tell this was going to be horrible and that was a dark moment for both of us. >> the next day or a day after amy comes and joins you at the hospital. she winds up collapsing. the two of you heart to heart that day in the hospital. pardon the pun about how you would handle this. >> she became the oldest patient in children's national. and we were in the emergency room. and we held each other and we cried, and then we said, okay this is it. we have to be the parents that paul needs us to be, to create the environment, this positive environment to get through this. so we came up with this mantra at the end of the day, give each of us a high five and saying we're one day closer to getting paul home. >> you talk in the book about the other parents who you encountered along the way and
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the amazing doctor but you talked about in particular a little baby named maggie. >> so, in this you share this moment with families who are in the trenches, in those waiting rooms and we met maggie's family. maggie had been through nine surgeries in nine months for various problems. her family was really wonderful. we bonded with them. the day of paul's first open heart surgery we came in and maggie's family wasn't there and we learned that maggie had died the night before. she lost her battle. and we were really, really hit by that because paul was going in to surgery and we were nervous. i mean so nervous. >> incredibly her parents did something unbelievable. >> we finished the open heart surgery, in the recovery room looking at paul with his hop chest with a bandage over him. the phone rings near the bassinet and the nurse says it's for you. i pick it up. it's maggie's mom and she's
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calling to check on paul. and the strength and the fortitude and the grace to be able to make that call after she lost her daughter is pretty powerful. >> when you talk, the sub title of the book about how it's about faith and hope and courage and love it's not just the love that you experience in your own family and that's well documented in your book, it's the love that you experienced from those doctors, from other families, from others along the way and most of all, of course, the love that is highlighted within the four of you, you and now paul's little brother, daniel as well. i've read this book many times how would i have dealt with this. i particularly asked that when i got to this passage that i want to leave the viewers with when you talked about how you had an overnight stay in the hospital. you write he woke up in the middle of night and asked me daddy why do i have all they
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things. why do i have to do all these things these hard things and all my friend in school don't have to do it. and you said to him buddy because god has a plan for you. you are going to do amazing things in your life. he has big plans for you but he wants to test you first to see if you're up for it and you're passing that test. you're doing great and he looked at me and said okay daddy i love you. bret, it's a story of inspiration and thank you for sharing with our viewers. every dollar in this book will help every child as well. >> there are amazing things that's happening and we're happy and hopefully unanimous expiration to some people. >> i'm so amazed by you and your family. beautiful story of love. all the best. >> thank you. today little paul is a very active athletic and growing almost 7-year-old boy. his parents say that's thanks to the doctors and nurses who took care of him and clearly also thanks to the love that he's received from his parents and
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grandparents and his little baby brother daniel. can you watch the extended version of my interview with bret on his book by going facebook.com/thekellyfile and the link is also grandparents, and his baby brother daniel. the link is also on twitter at megyn kelly. beautiful family. up next, she's a gop senate candidate who says she's been targeted with vile attacks from the far left and she joins us live on why that might be.
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the performance review. that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. the democrats talk about a the democrats talk about a war on women, but much of what you see here is written by the
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supposedly tolerant liberals. their message is clear. conservative women are fair game. if you are a female and a republican, anything goes. >> that was south dakota republican senate candidate bosworth. she addressed them head on while standing in front a display of actual slurs that artists had spray painted on her campaign signs. she joins us live. annette bosworth, thank you very much for being here. i want to start with the breaking news that reports you have lost your race and former south dakota governor has prevailed in the gop primary. your thoughts on that and then we'll get to the controversy. >> that's news to me. i didn't know that. >> really? >> i didn't.
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i found out on national television. it's been an amazing race, and it's very important that south dakota shows the country about getting behind the republican in south dakota so we can get harry reid kicked to the curb. so the next step of this race is to support our republican primary as much -- that's disappointing to me. >> sorry to break the news to you. the former governor is said to have a good chance as far as the gop field goes. i want to ask you, though, about these attacks against you and whether you do think it is a republican versus democrat thing when it comes to women. >> i don't like liberals whining about victims anymore than anybody else, but i do -- i did notice from the beginning of this race, i was treated
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differently from my male counterparts. for example, i'm a doctor, but i'm also a leading expert in the country on electronic medical records. so much that i've been invited to the white house for that skill. not invited to the white house since i pointed out the criticisms of obamacare -- >> right. >> -- but i've been invited to the white house for that skill. not once in this race i was not asked once about that skill set. >> all the best to you and to the audience. we'll be right back. get more clean water to everyone. who's going to take the leap? who's going to write the code? who's going to do it? engineers. that's who. that's what i want to do. be an engineer. ♪ energy lives here.
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so use it for the shortest time based on goals and risks. estrogen should not be used to prestroke or dementia. heart attack, ask your doctor about premarin vaginal cream. and go to premarinvaginalcream.com this is worth talking about. ♪ here's to the man who truly is the best of us. (crowd cheers) who, really, has the key to the city? with best-in-class payload and best-in-class cargo capacity and an unsurpassed powertrain warranty, you run the town. the all-new ram promaster guts. glory. ram.
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esurance. backed by allstate. click or call. >> set your dvrs, six of set your dvrs. live right here. see you tomorrow night at 9:00. i'm megyn kelly. and welcome to "hannity." this is a fox news alert. more details continue to emerge about the night sergeant bowe bergdahl walked off his base and was captured by the taliban in afghanistan. bergdahl left a note explaining he was disillusioned with the u.s. army and, quote, being an american. president obama, he defended his administration's decision. let's take a look. >> regardless of the
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