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tv   The Kelly File  FOX News  December 5, 2014 9:00pm-10:01pm PST

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obfuscate when writing to "the factor." hard word to say. again, good word. ms. megyn is next. i'm bill o'reilly. please remembe definitely looking out for you. breaking tonight, a third straight night of national protests as pressure builds on president obama to do more about a supposed epidemic of racism in america's police departments. and wait until you hear what the congressional black caucus wants the president to do now. welcome to "the kelly file" everyone. i'm megyn kelly. right now demonstrations in washington, miami and new york where the miracle on 34th street became the nightmare at macy's tonight as protesters disrupted christmas shopping at the flagship department store in midtown manhattan. watch this.
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this is the latest thing. look. the protesters chanting "black lives matter" and "die in" and lying down in the aisles. shutting down one of new york's most popular landmarks at the height of the shopping season. at grand central station commuters had to deal with a holiday die-in as well in the middle of the iconic landmark. as these dramatic protests gained steam, the white house comes under new pressure. the congressional black caucus urging president obama now to make alleged police racism the central tenant of his upcoming state of the union address. and they're pushing the president to invite to that nationally televised address the families of michael brown, the 18-year-old killed in an encounter with a missouri police officer, and eric garner, the
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man who died after a struggle with police in new york. chief white house correspondent ed henry is live tonight in washington. ed. >> reporter: megyn, officials here say certainly that could be part of the president's state of the union address given what's going on around the country, but it's not going to be the central focus. the president wants to talk about the economy, immration. there's some history here because the congressional black caucus has been a thorn in the president's side pushing him to do more for example like african-american unemployment, consistently white house officials have said the president has to focus on the entire economy, the entire country. can't target individual sectors, individual races. president under pressure from the black caucus repeatedly throughout his six years in office and pressure today in the oval office when he met with king abdullah of jordan wanting to talk about security and isis and whether the president will do more than just name a task force on police reform. will there be real action. the president ignoring that shouted question. but they know inside the white house the president will be speaking out about this more in fact just in the last couple of
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hours he taped an interview with b.e.t., black entertainment television, for show called "106 & park." and josh earnest, the white house spokesman, explained why the president did that. listen. >> -- an opportunity to reach an audience that obviously has been following these developments very closely and has pretty strong feelings about it. i think there are a lot of americans who feel strongly about some of these issues, but certainly we would anticipate that the viewers of "106 & park" would have some strong feelings. >> young kind of hip hop show, you wouldn't normally see the president doing an interview there. but they realize this is an audience they need to reach out to. and they also know when i talk to senior officials in the wlous as i did tonight, they've got to do more than talk, more than interviews and speeches. that there's an opportunity here for action because as you've been noting the last few nights there have been conservatives as well as liberals particularly in the staten island case that there are problems here and the white house sees an opportunity.
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the president has talked about asking congress for tens of millions for body cameras for police all around the country. we're getting word we'll see attorney general eric holder announcing executive actions by the administration curtailing racial profiling by federal law enforcement, fbi and other agencies. that's something to look for as well, megyn. >> ed, thank you, as we look live at screen left bryant park in midtown manhattan. folks protesting on what's a crowded street right now with the protesters not far from the headquarters right here at fox news. we'll continue to watch this. joining us now, bret stevens, columnist for "the wall street journal." they believe this is a time for national conversation on race and racism in our police department based on what? >> i think this is a time for a national conversation about logic, megyn. we want to have a national conversation explaining the anecdote is not data.
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ferguson is not staten island. narrative is not truth. and trying to jam the facts of these cases into these precast narratives about race does a disservice to the truth, it national discussions on the racism of the police force here? >> well, if you're going to have a national conversation about race, i think you want one that is going to create consensus in this country. and michael brown rest his soul,
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is a very poor poster child about the consensus of how we treat each other in this country. >> he wasn't posing a threat -- >> he was not posing an imminent threat. new york cops make -- we happened to see a horrific incident take place in front of our eyes. >> one quarter million of arrests and not one example. >> there is point when modern police forces set up in the early 19th century in britain. talked about the importance of community buy-in. that the police were an outgrowth of their community. and essentially they required the willing cooperation of the public. so there's no question that people like new york city police commissioner bill bratton's been doing this for a long time by the way, other police commissioners have to be sure they're having constant conversations with community leaders. that's a valuable -- >> they have been doing that here in new york.
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by the way new york city's police force is majority minority. people looking at new york city cops saying these are a bunch of racist, well, it's majority people of color. i don't know who they're racist against. but they're painting with a very broad brush. i want to ask you about the president -- the pressure on the president to now make this the central theme of his state of the union address, the racism of our police force and the pressure to bring the families of michael brown and eric garner into the state of the union as well. i mean, michael brown's family? this is michael brown's stepfather who they were considering charging for this behavior in the wake of the grand jury decision in ferguson. here he is with michael brown's mother. burn this [ bleep ] down! burn this [ bleep ] down! >> really? the father's been very measured. this is the stepfather.
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and eric garner too is a convicted felon in and out of jail over the past ten years, 31 arrests. we're going to take their families into a state of the union and hold them up. >> right. and i think what the president could do and actually secure an important legacy in his last two years in office is to cool racial tempers rather than try to ignite them bringing michael brown's family, certainly if it's the stepfather into the state of the union sends precisely the wrong signal. again, what the president needs to do is explain that an early overwhelming majority number of cases -- >> he says that when he makes his remarks. or something like it in a throwaway. i mean, if you read the remarks, it's all about how, you know, blacks feel unrepresented, they feel like they have racist police, they feel the divide, we need a national task force to examine it, the police have been militarized and cops have the right to go home and die on the job. >> i think the worse that could happen is not to have police
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forces that try to enforce the law in those communities, create a sense of order or a sense of civic justice. that's the real crime. ultimately the greatest pw perpetrators of crimes againstt african-americans are other ñzlçórd2ct-h=í >> given the misjudgments he's been having in the past couple years and the sense this is a
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presidency -- >> wake of the garner grand j y jury. >> in the middle of all this new york's mayor has touched off a firestorm of what police are calling a slur against new york's finest. the former police commissioner here next. and fallout tonight after "rolling stone" magazine's story about a horrifying rape case at the university of virginia appears to be full of holes and
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"rolling stone" has been forced to do an aboutface. we'll look at how this unfolded and who will pay the ultimate price when we come back. kid: hey dad, who was that man? dad: he's our broker. he helps looks after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way. kid: why not? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab you don't need to think about the energy that makes our lives possible. because we do. we're exxonmobil and powering the world responsibly is our job.
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looks like we're gonna need a bigger podium. the volkswagen golf family. motor trend's 2015 "cars" of the year. -- talk to dante for years about the dangers he may face. good young man, law-abiding young man who never would think to do anything wrong and yet because of that history that still hangs over us, the dangers he may face, we've had to literally train him as families have all over this city for decades in how to take special care in any encounter he has with the police officers who are there to protect him. >> that was new york city mayor bill de blasio earlier this week suggesting that his biracial son needs to be wary of police officers here in new york. critics say that sends entirely
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the wrong message as cops all across the country are dealing with another night of protests stemming from officer-involved shootings -- well, one shooting and one death in new york and ferguson, missouri. one new york columnist going so far as to accuse mayor de blasio of throwing gas on the fire. writing "this is a profound moment in modern gotham history. one i'm convinced will set the city on a downhill course." that's michael goodwin. former new york city police commissioner did a lot to improve relations between the police force and the city. thank you for being here. that same message blacks need to be more careful when it comes to the cops because they're more likely to get targeted. they need to be extra courteous because cops are more likely to think they're doing something wrong. and that needs to stop. your thoughts. >> i think the mayor's comments are very inappropriate. a mayor is supposed to bring
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people together. and i think what mayor de blasio did was make polarizing comments indicting an entire police force. and it couldn't be more wrong. the nypd is one of the most restrained police forces in the country. civilian complaints are down. officer-involved shootings are down. when you talk about diversity, the probability that you're going to be arrested by a new york city police officer, you're going to be arrested by a person of color. all of this is just throwing flames on a fire. and it's just inappropriate. >> the implication is, and i believe our next guest is going to argue that, these cops -- one thing in the academy but when they get out on the beat they are told, there's an understanding whether they're black or white, you see a black guy, you need to worry. you see a white guy, you worry but you worry less. >> i find that preposterous. i went to dozens and dozens of town hall meetings and church meetings and i very rarely heard
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complaints about racism. most complaints i heard we wanted more police officers to protect us in our community. 90% of the victims of homicides in new york city are people of color. and the vast majority of perpetrators are also people of color. so this whole thing about racism is something that the left is perpetrating and it's just not true. >> they also in particular in the case of eric garner believe the reason that man was left to lie there for as long as he was after, you know, the arm was around the neck and he was saying i can't breathe, i can't breathe, and not attended to, was his humanity was forgotten. and the reason that happened is because it was a black man whose life was worth less in the eyes of these police officers. >> i think that's ridiculous. police officers are there to protect people. now, whether or not there was appropriate policy followed in the garner case is going to be determined by the nypd internal
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investigation. but i don't believe for one minute that any of those police officers intended for eric garner to die. >> mr. commissioner, thank you for being here. >> great to be with you. >> joining me now with more, eric adams, borough president. the implication is these cops walk the beat and they among themselves behind closed doors there's an understanding that they're going to worry more, target more african-americans than they are whites. >> well, i think that's not, based on my opinion is based on my 22 years of police service. and based on what the numbers show when it comes down to stop and frisk, marijuana arrests although whites use marijuana the same level of blacks, it's a disproportionate number of who's arrested for it. so the methodologies used in law enforcement, across the country,
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not only in new york, is really based on a different implementation. >> do you contend that the police would not have confronted eric garner down in staten island if he had been a white man? because what they say is they were getting calls from the business owners down there, most of whom were african-americans, saying this guy's driving away customers. he's been a repeat problem. please get rid of him. >> and it's commendable for the police to have responded to a call of service. and we need to be clear on what's the underlying conversation. i want what i'm saying to be removed from those who are protesting, those who are angry. i want us to have a very rational and practical approach to this. what i am saying, a well-trained police departments across the country are applying their skills differently based on the community they're in. so i do want my police officer to come and tell a person you can't sell loose cigarettes. that person should not be placed in a chokehold and left on the
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ground to die. >> that speaks to an argument about excessive force, which is quite obviously an appropriate discussion to be having based on what we've seen over the past month. and you can argue it whichever way you want to argue it, right? but when people take it to a racism place saying what we're suffering from here, what we're seeing here is just the tail end or the next chapter in centuries of racism. how do we get to that place in garner's case, for example? >> because we cannot ignore that race plays a role in how we police in america. >> how in garner's case, how? >> let me tell you how in garner's case. take the same set of circumstances, a person receiving a call for service because something is selling loose cigarettes. if it happens on wall street, the police officer's going to approach that person, de-escalate the situation, have an opportunity to apprehend them without harming the police or garner. >> is that a socioeconomic argument or a race argument?
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you're telling me they get a call of an investment banker, go down to wall street, it's a black man in a nice suit selling loose cigarettes they're going to treat him differently than a white investment banker? >> that's exactly what i'm telling you. i'm telling you the tolerance level and the skill set level are different based on the ethnicity and the -- that's based on my 22 years of observation. i've been at this for over 32 years and it's clear we police people differently in america based on their economics and ethnicity. >> i'm just looking for the evidence in this particular case. if eric garner were a 300-plus-pound white man resisting arrest, there is a real question about whether your contention the police would have treated him differently. >> first of all there would have been a conversation. >> there was a conversation. he told them to get off of him and then he resisted arrest. >> you talk about resisting arrest.
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breaking tonight, massive protests continuing across the nation. protesting the death of african-american men at the hands of police officers, they say. jonathan hunt is live in the middle of it all. jonathan. >> reporter: megyn, we're at 32nd and broadway midtown manhattan right now. we've been marching with these protesters, a group of i would say around 3 or 400 for some four hours or so now. they have been circling manhattan. this has been an entirely
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peaceful protest tonight. nonviolent. it has been deeply disruptive as it has been over the last couple of days. let me talk to one of the people walking here and find out what their aims are. what do you hope to achieve from all this, sir? >> i want racist cops to stop taking advantage of the people in this city. >> the justice system has gone through due process with the grand jury. why do you think there is a problem with the justice system? >> some presidents do not indict somebody for something like that. you can indict a ham sandwich. >> reporter: do you think you would change anything here? >> absolutely. >> reporter: all right. megyn, that's the kind of sentiments we've heard throughout the night here, throughout the last three nights indeed. now they have halted as they tend to do periodically. it stops traffic, it causes some disruption. the nypd has been magnificent in
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these marches the last few nights. there have been very few confrontations between the police and protesters. and in a lot of occasions these protesters are even stopping at crosswalks waiting for the light to be in their favor, megyn. this is a very different kind of protest and series of protests than we saw in ferguson. these people are passionate. they are angry. but these protests have remained almost entirely peaceful. >> jonathan, have they said to you why this is racist? >> reporter: megyn, i'm not sure if you're still talking to us. i've lost my connection with you. but just to tell you as i was saying this has been going on for some four hours now this particular protest.d on the str here. we did at one point this evening go into macy's, the biggest department store in the world. a die-in was staged there. again, no violence whatsoever.
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peaceful protest. megyn. >> thank you. of course the audience heard me, i was trying to ask why they think the police are racist. here in new york city like i say it's a minority majority police force. and the city has been taking a very hard look over the past couple of years at any incidence of racism, police excessive behavior. bill bratton cameme in and saide was going to do a full house cleaning on that to try to ferret out any bad apples but stood by his police force saying the vast majority are good men and women who are there to serve and protect. courtesy, professionalism, respect is the mantra that our former guest put in place. and most of these police live it every day. and yet you've got the mayor calling these police officers racist. and clearly these people believe it's so. we will also go live to washington in a bit where protesters are marching live on the capital. and we switch gears as the major backlash today over one "rolling
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and says he nes jackie he's
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never taken her anywhere. the writer says she never contacted alleged attackers because jackie asked her not to. rolling stone was fine with that, saying it found the story quote, entirely credible. now saying there appear to be discrepancies and we've come to the conclusion our trust in her was misplaced. close friends of jackie's who fight to raise wareness are doubtful saying jackie first told them there were five attackers but told the writer there were seven the university of virginia saying quote, we will continue to take a hard look at our practices, poll says, and procedures and continue to dedicate ourselves to becoming a
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model institution. it should be noted jackie never filed a criminal complaint in this case rich, good to see you. >> thanks for having me. >> you and i used to talk during duke rape case we know it was made up by a deranged person. when that case started i remember the talk was these fraternity guys, they did it they gang raped her just as she said they have privilege, they did it. i found facts and none was helpful to the accuser's story. i went on the air, started to report details.
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the people started to come out and say, she is biassed against a black women, she's pro white defendant. this is a sampling of what i was reporting at the time. >> allen from 12:05 to 12:15 on the night in question, nine phone calls based on the accuser al investigation. what's happening? this is the first time we heard there was semen found inside of the accuser and belonged to someone other than the men at that house. someone other than a duke lacrosse player. they had a photo up there 43 seconds she said that looks like him, sort of. i'm 90% sure. that is the problem here. looked at this case by assuming guilt, then, blind to evidence that showed imthe opposite was
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true. >> and now, we know. that was a made up story. what, i'm not saying this case is made up, but again, a reporter at a minimum appears to have gotten far out aside. >> yes. there is a willing suspension of disbelief here on the part of the writer and editors who wanted to have an ideology you can never question an alleged victim, and two, believe this is believing they're a criminal organization. people raising early doubts about the story, and it's unravelled quickly than a lacrosse case, recalled the same thing you were. >> you're not allow is toed stand up for the accused if you do, women who want to believe women making rape claims immediately look at you as a rape sympathizer. you know?
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bizarre defender of an evil rapist rather than an open minded person who just wants to explore what the real facts are. >> right. it's possible to believe two things at once. most women are telling the truth when they talk and say they've been raped. >> they are, stats show it. >> but not all are. >> right. >> you have to have a consideratal mind about it and importantly, women have to go to the police. if this happened and she didn't go to the police she's letting the guys go free. >> she wasn't willing to tell her friends and others the name of the man until recently, once that name came out, all of these discrepancies started to surface. and no pledges, no lifeguards.
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this guy wasn't p a fraternity. she said she exited from the party. there is no side staircase. >> yes. >> saying well, the alleged victim didn't want to contact the accused. what is the excuse for checking out no details whatsoever? >> you don't know that. no. you don't. you're investigating a story. take the side of the testimonial. what reporter agrees with that? whether young men being accused of a gang rape? you say sorry, but that is a deal breaker, ma'am. >> you have to know it's true. i blame hads the university of virginia. the uva president sus suspending
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from a tern fitties, the faculty of uva buy the story hook, line, and sinker it's pathetic. can't you have a little bit of faith in your own institution? apparently not. >> in duke, you had a lunatic da since disbarred and they shut down down the program. the guys had done nothing wrong. and they could have gone to prison if others hadn't stayed on the story. >> in terms of common sense, seven alleged attackers, nine guys at from from a tern fitty and it's suggested it was initiation rights are you going to have dozens of
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guys who don't whisper a word of this to anyone? it just defies -- >> not that it could never happen, but it's been documented events like that have happened in universities and rape at many universities but the question is you have to investigate both sides. the way the piece was written though fact. there is infrequent use of she alleges it's offered as been ascertained and confirmed. >> there is a reference to throngs of tanned, toned and and blond students at uva. i was at uva.
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that is not the uva i know. led to the point this is the bastion of while male privilege. >> the reporter was searching for one she's going to target for a rape victim to come forward. and >> i was tanned and toned. >> clearly, you still are. >> rolling stone wasn't the only one to jump on this. next, on the pile on that we saw almost as soon as the story came out and why was that? plus, as we watch a new series of protests, christmas shopping is getting dramatic in new york
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a major american university tonight has a lot to answer for now that claims of a particularly shocking sexual assault have been made public. >> an extraordinary move on one of america's most prestigious campus campuses, the university of virginia shutting down all
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fraternities as it investigates sexual assault claims. >> we move to the crisis on campus. sexual assault allegation at one of america's most prominent colleges. >> shocking allegations of sexual assault. they were exposed in a rolling stone article. >> those are just some of the network tv headlines when rolling stone magazine published a bombshell piece on an alleged rape, gang rape, at the university of virginia. as we learned today even rolling stone now has serious doubts about its own reporting, seems like an apt time to look at how this story got where it is. host of media buzz on sundays, howie, good to see you tonight. how did we get to this point where rolling stone, a single source, publishes this lengthy piece and you've got the mainstream media jumping all over it? >> megyn, i've done a lot of investigative reporting and this story never should have been published. you cannot go with sensational
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charges like these based on a single source without corroborating evidence, without identifying anyone. now, without making some contact with the men being accused of this heinous crime. now, the university of virginia's reaction, i think, in a way gave these other national outlets some license to run with this. >> yeah. >> they used words like alleged and claims, but we live in a world where there's very little re-reporting because everything goes viral in ten seconds and it's on the web and tv jumps on it. "the washington post" to its credit did poke major holes in it this week but everybody else kind of repeated it. >> they did. it got started by a blogger, a blogger who said i smell a rat, i don't believe some of the details. and somebody needs to probe further. >> and that's a perfect example of the world of new media in which we live. this guy, richard bradley, former editor of george magazine, the old jfk jr. magazine, he'd already been burned by a serial fabricator named steven glass. and on this little known blog he
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wrote not based on any investigative reporting but his own analysis that it didn't smell right, there were holes in the story. and that i think spurred other organizations, "the washington post," people like me, to take a second look at just what rolling stone had reported. >> that's right. and to slate's credit because that is left, obviously, far left website. and this would be sort of the typical case where they would say we want to believe the woman, the woman must be right. but they did some digging and they interviewed the author of the piece and unearthed some of the problems that the author was guilty of in writing the piece. what do you think of what i said with rich, which is as somebody who was reporting early on about the problems in the duke rape case, that fake rape case, there was no rape, i was a very young reporter at the time and i remember being very jarred by people calling me a racist, people saying i must like rape, i'm not on the right side. and they try to brush you off. if you raise doubts about an accuser's story, do you think that played a role here? >> it was fascinating to watch
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your reporting on that duke lacrosse case which of course turned out to be so bogus. even when i wrote about this a couple days ago i had to hesitate saying i'm not saying nothing happened here, we don't know, but there are a lot of holes, a lot of discrepancies, a lot of apparent mistakes. and, yes, sexual assault is a very big problem on campus. and one of the tragedies of this rolling stone fiasco that it is hard to take on and there is this sort of backlash that you experience at your risk about why are you even raising questions about this. investigative reporting sometimes you fall in love with your source and you fall in love with your story and you want it to be true because it's a pretty big scoop if it's true. and that's where editors come in and say you haven't got it, go back and do more reporting. >> at the universities these claims of rape, it's not all about the young woman making the claim but the young men whose
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lives -- did she have any problem this woman that she would not contact the alleged rapers in order to get this story? >> the reporter getting conflicting stories on that but absolutely no business making that claim because then you are tying your hands as a reporter. maybe it was consensual. you have to try your hardest to get to the other side particularly because you're dragging their reputations, potentially, through the mud. that was one of many failures here on the part of rolling stone. >> we haven't heard the last of this by any stretch. how howie, good to see you. up next, the mess unfolding in washington, new york and miami as the protesters disrupt some of the biggest cities on the east coast. back in a moment. ♪ (holiday music is playing) hey! i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before.
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breaking tonight, protests escalating in cities across the country tonight.
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police in d.c. trying to keep the peace as demonstrators continue to march blocking intersections and roads throughout the area. doug mcelway live in washington with the latest. doug. >> reporter: megyn, things are fairly peaceful tonight. the protests here in d.c. at least a hundred people began at that started where the wizards beginning a basketball game, people lie down in the intersections there. they got up, moved up to the adams morgan neighborhood, another trendy neighborhood. and then here to dupont circle. then headed towards the white house. a good chance the obamas will not get a restful night tonight. off the sidewalks into the streets a lot of people were not stepping off the sidewalks and into the streets. so the last we saw i would estimate maybe 150 people about the same as it started out with. so not a real rousing corporation of people trying to join the march.
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very, very peaceful. no fist-to-cuffs. the most dramatic thing we saw was people blocking the movement of a couple of fire trucks and an ambulance. so if their intention was to save lives, this protest, they might have endangered their prospects by doing precisely the opposite of that. but very, very peaceful here. no problems that we've seen. megyn, back to you. >> doug, thank you. it's very peaceful when they're just lying there. nice and peaceful. actually a lot of people like checking their iphone, getting some work done. we're going to be right back, but first coming up on "hannity". >> it's painful. this is christmas time, and i don't know how to tell my daughter, hey, your dad may not daughter, hey, your dad may not be able to get you an celebrate what's new, the bigger, better menu at red lobster! with more of what you love! try our newest wood-grilled combination! maine lobster, extra jumbo shrimp, and salmon! so hurry in! and sea food differently.
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look at this picture again. i wasn't expecting to see this. wow. this is eight years ago. thank you. eight years ago before i met my husband, before i had my kids, before i met the geniuses of the new york hair and makeup department. we had to do our own hair down there. you can see i dyed it brown and cut it off. then i went a different direction. i looked a lot more well-rested then, didn
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>> thousands marching in manhattan chanting black lives matter. they flooded macy's in herald square to stage a so-called die-in by lying on the floor. eric garner was accused of selling illegal cigarettes in july. he died after an officer placed him in an illegal choke hold. four people died after being stabbed on an amtrak train near the indiana border. the train was traveling from chicago to michigan. someone on the train called police to report a suspicious person. by the time the officers arrived the attack was underway. now here comes "hannity." welcome to "hannity." tonight they are the forgotten victims of ferguson, missouri. small business owners whose stores were looted, some burnt to the ground by proteste