tv The Kelly File FOX News July 8, 2015 6:00pm-7:01pm PDT
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because we are looking out for you. please sign the case law petition. breaking tonight the white house under fire as questions grow about its support for sanctuary city policies in some 200 cities and whether the obama administration bears some responsibility for the murder of katie steinle in san francisco. welcome to "the kelly file" i'm megyn kelly. in the five days since an illegal immigrant shot and killed kate a 32-year-old woman shot at random on a pier this story has become increasingly ugly. first for san francisco and now for the white house and president obama. she was killed while walking with her dad in a popular and public location allegedly by an illegal immigrant who had been deported five times and managed to put multiple felonies on his
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record as he kept coming back. francisco sanchez told police he had gone to san francisco because it was a sanctuary city where he was less likely to be deported and sure enough when he was being held on drug charges last march the san francisco sheriff's office decided to release him rather than have the feds deport him saying that is their policy but their policy under mines federal law. so here was the question for the white house today. >> the situation in san francisco recently does the president believe the sheriff of san francisco made a mistake or he should have been held -- >> i'm not able to talk about the specific details of this matter. department of homeland security may be able to share more with you. >> no, sir. this cannot be turped to homeland security. the white house owes the public
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an answer a direct straightforward simple answer because it was this administration that apparently stopped a measure to combat sanctuary cities like the one in san francisco in the first place. in fact "the kelly file" has unearthed direct evidence that the administration has no interest in cracking down on sanctuary cities and here is the proof for you to see for yourself. listen to the head of ice or immigration and customs enforcement on this very issue less than four months ago. this is thursday march 19 2015 and on the subject of cities that put immigrant felons back on the streets. >> last calendar year state and local jurisdictions rejected more than 12,000 ice detainer requests. >> would it help you if we clarified the law to make it clear that it was mandatory that those local communities cooperate with you? >> thank you, amen yes. >> thank you.
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amen yes. crack down on the sanctuary cities is what she said. but the very next day friday march 20 a complete reversal after the aclu, immigrants rights groups and others pressured the white house and presto the head of ice makes a shocking about face. this time in writing, though saying any effort at federal legislation to mandate compliance with ice detainers will in our view be a highly counter productive step and lead to more resistance and less cooperation in overall efforts to promote public safety. what happened to thank you, amen yes a day earlier? now after clear evidence that it is not interested in a sanctuary city crack down this administration tells reporters it can't comment on whether the president backs the sheriff or the policies in this case? joining me now danaeign dana perino
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co host of the five. no. they can't get away with that. that is not okay. >> i can imagine the pressure that josh earnest was under saying we want this to go away. i don't think this time it is going to go away because it is so big especially because clearly she serves at the pleasure of the president. clearly the president was not pleased because she is a person in charge of a huge organization that is under a ton of pressure. she has employees that she has to communicate with. she stood up for them in a hearing saying we are under the gun and we want to make sure we are protecting lawful citizens against illegal criminals that are obviously here to do -- >> realized in san francisco. >> the very one. >> four months later they have a situation where you have a murder. there is actually no excuse for
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it. i have to say i don't think i would have gone to the podium with that answer today. i think i would have said if you expect me to go and tell the american people that we are not going to comment on this and we are going to turn it over to homeland security which is also not going to comment and department of justice which is king of no comment i'm not going to do that because america deserves better. >> they have to speak to their ongoing support for these policies. it isn't okay to try to turp it to homeland security who runs homeland security? president obama is in charge of all of it. he can't dodge responsibility for the policies he refuses to support at the federal level. the laws that are on the books by saying take it up with johnson. they answer to him. >> she changes her story less than 24 hours later. >> when she did she comes out in
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a written statement. about my response it would be highly counter productive step. there was no confusion at all. you versed yourself without explanation. >> one of the people that president obama supports in the california senate race is coming up next year is the attorney general of california. she is actually supportive of sanctuary cities and trying to expand them within california. i think she will have a problem now. this is beyond the state of california. it is the entire nation saying i can understand compassion for illegal immigrants. i can understand figuring out a way to get them through the process legally. but this is something totally different. he allowed this to happen. the administration knew the person he placed in charge of ice was telling congress help us get these cities into compliance and someone took her behind the wood shed and said you are
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reversing that explicitly. now they don't want to answer for it because they know the press will be too lazy. it is lawlessness. >> she wasn't asking for more money. she was asking for clarification of the law which federal law does. you don't get to pick and choose which laws you enforce or defend. in the bush administration comes into office in 2001 they inhrt lawsuits that the clinton administration filed. we didn't drop them. we had to suspend d.c. gun ban because that was the law. she wasn't asking for money. she was asking for help from the congress to help tell the cities to do what the law says they have to do. >> what the law requires. >> it is lawlessness. good to see you. >> thank you. and here is another dose of it. as the white house faces tough new questions about this murderen san francisco the administration is getting hammered by a federal judge in texas. his name is judge andrew hanen.
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he ordered a halt to the president's executive orders the ones he said he never had power to institute because he is not an emperor. he said you can't just allow millions of illegal immigrants to remain in the united states. now that same judge said the administration has violated his order and he is demanding that the homeland security chief himself and four top deputies show up in his courtroom to explain themselves for flouting the law. joining me now on it greg abbott. good to see you tonight. this judge has about had it with the obama administration who he gave the benefit of the doubt to. they told him that they were going to obey the law and weren't going to issue papers to these illegal immigrants and then they did it and then he said you better undo it and they
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continue to flout his orders. >> megyn, that points out the similarities between this situation and this courtroom in south texas and what happened in san francisco. that is a complete disregard for the law. it seems like this area of the obama administration believes it is above the law and does not have to comply with it and in doing so is putting americans in harm's way. and this particular courtroom setting understand this. i'm a former judge in texas supreme court justice. it is highly extraordinary for a judge to order someone of the level of jae johnson to come into court and answer for their conduct. it is highly unusual and happening only because obama administration disrespectfully disregarded a direct court order to stop giving out these work permits in violation of the law. >> eveven when they got caught doing it they said it was a
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mistake. this judge said i will give you the benefit of the doubt. you made a mistake. undo it. i have an order. you have to comply with it. still they refuse. and this judge came out today and said this court has expressed its willingness to believe the actions were accidental and not done purposefully nevertheless the court is shocked and surprised at the cavalier attitude the government has taken with regard to its efforts in this case talking about this is unacceptable and completely unprofessional. and i ask you whether in light of the first story whether this administration is engaged in a full on disregard of the law. it has sacrificed its fidelity to the law in the area of immigration. >> remember this megyn. this is central to the lawsuit that i filed against obama on this issue. barack obama himself said 22 times he did not have the authority to make this executive
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order. and then he issued the order. that is demonstrative of the disregard of the law. and they continue to disregard the law to the extent that it is imperilling americans' lives. >> governor we'll see if the department of homeland security chief have to go down into texas federal court in august. it will be a sight to behold. i predict they get their act together prior to that. good to see you, sir. >> thank you, megyn. we have breaking news on the sheriff who released the illegal immigrant in san francisco. wait until you hear the details we learned about how this sheriff has a criminal history of his own. guess what he was dealing with the very time at the very time he was releasing this would-be murderer. former l.a. police detective mark firmen is here next with the shocking details. we have a "the kelly file" fact check on claims from democratic front runner hillary clinton in her first national
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new revelations surfacing about the san francisco sheriff blamed for releasing the illegal immigrant accused of killing kate steinle. turns out the sheriff has a criminal history of his own. he pleaded guilty to false imprisonment charges in connection with domestic abuse incident involving his wife. it turns out the sheriff had his record expungeed. he was successful in doing that on april 20 which was five days after he released sanchez from jail. critics are suggesting he may have been a little disstracted when he was dealing with the matter of mr. sanchez.
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however, the sheriff himself is defending his actions on the merit saying in releasing this guy he not only followed the law but he was doing the right thing. >> being a sanctuary city makes san francisco safer or more dangerous? >> it makes it safer. i firmly believe it makes it safer. we're a world renowned city with a large immigrant population. of that population is a population that is also here undocumented. for a law enforcement perspective we want to build trust with that population and our sanctuary city and other laws have allowed us to do that. >> former l.a. homicide detective and fox news contributor. so you are in los angeles. he is in san francisco. not only does he stand by the policy but goes on to say he will continue to ignore ice detainer requests.
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he is going to continue to do it. with a woman dead on the streets he is standing by the policy. >> megyn, when you listen to him and you hear his words and you read his words he doesn't sound too sharp. i think he has probably been drinking the kool aid in san francisco. and he is on board with not doing a job which is far easier than doing a job. i don't suspect that his deputies share his feelings. i think he has very little to do with anything except for policy. he doesn't physically know who is being released who is in custody. i don't think he knows anything about the inner workings of his department other than what the policies are that he passes down to his deputies. >> at the same time he is allowing this felon, this five-time deported felon to go
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back out on the streets of san francisco, even if he supports sanctuary cities even if you are somebody who does you have to say you don't like the five-time deported guy who committed several fell yonyies back out. he is focused on his own situation, very focused on himself, on the safety of the people of san francisco, not so much mark. >> well you know you have to look at the judgment. this is the sheriff of san francisco county put a few bruises on the mrs. got a court case problem and had to plead to lesser included offense and do probation and wait to get his record expungeed. it wasn't just a couple days but probably 18 months. >> we have video of the wife. this is submitted in the case of her bruises that she is talking about. it is a miracle this guy is the sheriff of san francisco in the first place. and that he pleaded guilty to what he has done to his wife.
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this is the man who let the other man out who then killed katie steinle. go ahead. >> when you look at him, how much of a sheriff do you think he is? he is a politician. he is a pouth piece for the board of supervisors and the mayor. he is being a mouth piece right now. when you listen to what he said i believe that the city is safer because of the conditions that we support in this sanctuary city. that is an absurd statement. you have undocumented people with false identification somehow it is safer and you gain the trust of people that know that there is a criminal in their midst that is one of them and they are going to somehow come to you because they are a sanctuary city. it is the most absurd ignorant thing i have heard a law enforcement officer say. i'm not understanding just how you ignore federal law.
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could the city of san francisco say we are not going to do background checks on fire arms and not pay federal taxes? where does it stop? and what's the federal government doing about it? >> there is another woman who is murdered in the beginning of july down in texas by her companion who had also had several convictions and had been deported repeated times. that's another city where they have made the decision that to encourage cooperation from the illegal immigrants who are in the community they decided not to deport these bad felon immigrants. i don't understand why they think illegal immigrants in the country who are law abiding other than the unlawfulness of their entry won't report on the felons who are next door to them if they don't give sanctuary to everybody. >> well they are not going to
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cooperate with the police. in their country police take them out in the desert and shoot them. they are not going to cooperate with the police. you have to whether this is politically incorrect thing to say or not. people walking across the desert or the river allowing themselves to be put into the trunk of a car and driven hundreds of miles are uneducated unsophisticated people that become illegal immigrants that way, we are not talking about college educated teachers that happened to stay here after vacation. we are talking about unsophisticated people uneducated people that do not trust the police and to say that this is something that is going to make the community safer is ignorant. >> a lot of these folks want a better life and that better life includes for them as well as for the american people not having convicted felons running around on their streets next to their children. poor kate and her father.
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she felt the bullet go into she didn't know what happened. she said she didn't feel well and then her father who celebrated 33 years of her life with her is doing mouth to mouth on his dying daughter on a pier. mark thank you for being here. >> thank you. in her first national interview hillary clinton took a question about a subpoena that is now raising a lot of issues today and the fact checkers have taken a close look at the sit down. that's next. plus, after lynn russell came on "the kelly file" and detailed how she defended herself with a gun some critics attacked her. our exclusive follow up tonight. congressman pete king here on a frightening new warning about the terror threat to america and why the bad guys may have the upper hand. >> we are stopping these things so far through tremendous hard work the use of sources, the use of online under covers but
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a big shake up in baltimore leadership. mayor firing the police commissioner today saying his role was a distraction from the real problems plaguing the city like the sky rocketing murder rate. this on the same day the baltimore cops union releases the report on the city's response to the riots after the death of freddie gray finding riots were preventable but for leadership decisions including those of the mayor. six police officers have been criminally charged. the fact checkers issued their report on democratic presidential front runner hillary clinton and statements made just last night. mrs. clinton got called out on several items including her response to a question about a
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subpoena. she said she has never gotten one. the congressman who sent her one today begged to differ. watch. >> you said that they did the same thing, that they used a personal server and deleted e-mails from them. >> you are starting with so many assumptions. i have never had a subpoena. >> she had a failure of recollection yesterday and said she had never been subpoenaed. she was subpoenaed in march pretty soon after we learned she had not only a unique e-mail arrangement with herself but her own personal server. that subpoena in is place. >> joining me now katie pav lch. the wall street journal did a fact check on her. she was subpoenaed. >> on march 4 of 2015 which was a wednesday in march. and in fact her lawyer responded
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on march 27 to that subpoena acknowledging that the subpoena had been received and that they were going to tk on it. and now hillary clinton's side of things argues that she understood the question was she under subpoena at the time that she was deleting e-mails which happened in the fall of 2014 when congress was taking a look at state department e-mails and rifling around trying to get information about benghazi. suspect to see she was deleting them. >> she was under subpoena. she said that everything i did was permitted. there was no law or regulation that didn't give me the authority to communicate entirely on my own personal e-mails to do no e-mails on my state.gov account. >> unfortunately for mrs. in 2009 federal records requirements change and she is required to use government e-mail at least turn over all government correspondence. she said she has done that but
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because she used personal e-mail on her personal server there is no way to prove that statement and backup that claim. >> there is no question that in 2011 she herself instructed state department employees not to use personal e-mails for government business and no question that she did that. for her to say that there was no regulation and nothing that curtailed her ability to do it ignores her own order to her own department. the next one is i didn't have to turn over anything. i chose to turn over 55,000 pages to the state department because i wanted to go above and beyond what was expected. i had no obligation to do any of that. she is saying she never had returned one document to anybody. >> right. now she is trying to make the argument to the american people apparently in the cnn interview that she actually was doing us all a favor by deleting only 33,000 e-mails that she deemed personal. she made the decisions on her
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own and that she did us a favor and the state department a favor by turning over the 55,000 as if it was a requirement by the obama administration rules and by federal records requirements. >> i want to put this on the board. the wall street journal spoke with records administration. this is what he said to them. she was required to turn over all of her e-mails relating to state department business no later than when she left office under any reasonable reading of the existing rules. she did not go above and beyond her legal duties. these would have been great questions to follow up on in the interview. the last one was she said i knew the vast majority of everything that was official was already in the state department system. if it was important then i cced a state department employee or e-mail on the thing i was sending so i make sure it was retained and produced. >> this is really important point because hillary clinton is
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trying to sayious use a i use a personal e-mail but those were going to an official government account. of course the state department has them. the problem is we have sources that have said a lot of hillary clinton's top aides were also using personal e-mail accounts to conduct state department business. we will never know what kind of business was conducted between the two personal e-mail accounts and therefore hillary clinton can't say honestly that all of the information that was government-related was turned over by her, of course as a favor because she wasn't required to even though she was. >> always good to see you. >>. >> warnings about the threat of a terror attack in america. up next why the fbi director warned today that the bad guys may be getting an upperhand and that he cannot prevent it. plus new reaction tonight to our interview with lynn russell. the actions she and her husband took to save their lives now has
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it is very different. al qaeda would never vet an operative by tasking them. isil says go kill. here is a list of military members to go kill. go do it. >> he also spoke about what seemed like an imminent threat over the fourth of july weekend that did not amount to anything and credited agents who he said disrupted multiple plots to kill americans on u.s. soil in just the last few weeks. for all recent successes he cautioned he does not think the fbi can keep this up. >> we are stopping these things so far through tremendous hard work the use of sources, online under covers. but it is incredibly difficult. i cannot see me stopping these indefinitely. >> joining me now brad thore who spent time with black ops team in afghanistan. first joining me now is pete
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king. good to see you again tonight congressman. those words i cannot see me stopping these indefinitely. he went on to say i want people to know this is a change in my world in the top responsibility of the fbi. what are we supposed to do with that? >> well what the director was saying -- he is doing an outstanding job. isis coming from so many different directions primarily through social media. they are appealing to the people on the fringes of society but also being able to reach out and communicate with people who want to be dedicated isis followers. what he is talking about also last week about disrupting i can speak with some authority about new york city and i know there were five operatives in the new york city metropolitan area who were arrested in the week before new york. i also know the nypd and the fbi working together carrying out massive surveillance. they had 7,000 cops alone
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working on this. and that plus all of the efforts around the country is what stopped them. we know isis did want to attackover the fourth of july. >> this is the head of the fbi waving a flag saying i'm telling you i'm drowning and i need help. the question is what kind of help does he need? >> he is talking about encryption apps being made available and can be used by terrorists. it prevents the fbi or justice department from getting access of communication. once they are encrypted even the companies selling encryption systems cannot decipher them. we have real struggle here. we have to find a way to get the companies to stop making these available or have it aa system where the government is allowed with the proper court order to de-encrypt the systems. otherwise you have
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communications back and forth as we are having right now between isis and people in this country without access. i know that some libitarians will say this is a privacy issue. the fourth amendment does allow for reasonable searches and seizures. if they get a court order it has to be a reasonable way and people work this out, a way where these encryption methods cannot be used to stop the fbi or justice department. >> thank you, sir. >> thank you. a former member of the homeland security department analytic red cell unit and author of "code of conduct." good to see you. you know director a bit. is he some sort of cowboy? >> you know me i am the biggest limited government guy there is. i am the guy that says trust but verify. he is a really good guy. for people who think he is overreaching i have them look
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back to 2004 when the u.s. attorney general was in the hospital and had to sign over all of this powers. alberto gonzalez wanted to push through a far reaching and really big surveillance package he said no. alberto gonzalez raced him to the hospital to get to ashcroft. ashcroft said you liszen to him. if he doesn't like it i don't like it either. even director muller of the fbi all threatened president bush that they were going to resign if this got pushed through. he is a good guy on the side of liberty. >> we hear him jumping up and down saying i can't keep doing this. i cannot see me stopping these indefinitely. it's only a matter of time before we see success in these attacks. what should we be doing? the fbi apparently can't do it all. >> in your introduction you talked about this being the biggest job. the person most responsible for safety is barack obama, the president. in the idea that we are sitting
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back playing defense, when we pulled out of iraq and failed to negotiate a status of forces agreement to allow us to leave people in iraq we let intelligence networks completely collapse. i know guys who begged the state department this is a good guy. this guy was an informant. we need to get him out and they did nothing. they wouldn't give visas. now we are supposed to go back and in and reconstitute our efforts. those that are still alive and didn't get killed by the bad guys. we have great soldiers and marines and great navy s.e.a.l.s. that are awesome at killing bad guys. before you end in your tier one guys you need to have the correct intelligence on the ground. we need to reconstitute that. we can't just sit back and expect the fbi to do all of it. it is unfair to them. >> once they get here he is saying it is overwhelming. we have to do more to prevent them from getting here and says he has investigations in all 50
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states. good to see you. code of conduct. got it. we have new details on what caused a computer system to crash at the stock exchange wall street journal and major airline at the same time today. we asked kidd rock about the critics calling for him to drop the confederate flag. wait until you hear the message he asked us to pass along. ♪ the goodness that goes into making a power kale chicken caesar salad is rivaled only, by the goodness felt while eating one. panera. food as it should be.
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love. it's what makes a subaru a subaru. new fallout from our interview with lynn russell. she came on "the kelly file" to detail her husband survived a motel room invasion turned shootout last week. russell who has a concealed carry permit credited the second amendment with saving their lives. >> he put his hand on the gun and one thing led to another and the guy grabbed one of our possessions, briefcase, headed for the door turned around and opened fire on my husband and he returned fire. special forces. he returned fire. in my mind it's absolutely no doubt that we are alive today and had our first anniversary on the fourth of july because of the second amendment. >> special forces her husband was green beret. a popular author saying all
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would have ended better had she handed the gunman her money and when he left called the police. he is not the only one who feels this way. joining me now the host of dana. was he there to kill people and wind up serving life or there to make a quick score and suggest that she had a cowboy mentality. >> thanks for having me back. j didn't realize that he was such an expert. why is law enforcement in new mexico worrying with talking with lynn russell and her husband. they can call up jeff pearlman because he knows everything that happened in the case. he knew the criminal's mind. he is presupposing that this guy was also profiling this couple because if he is following her into the hotel room and pushing her in there while the door is open that signals to me that he
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had been watching them. i guess pearlman missed that while he was naval gazing. he is presupposing that this guy just wanted the money. you are pushing a woman into a hotel room so nobody can see what you are doing. you have a loaded gun. you are a criminal. it seems there is a little more this guy wanted to do there. she was absolutely justified as law enforcement also felt because they are not charging either of them. >> how is she supposed to know that he hasn't murdered before and the stakes are her money and not her life. >> it is victim shaming what jeff pearlman is doing. he is victim shaming the same way the left tells other individuals that they are victim shaming rape victims. was lynn russell supposed to look inside this criminal's mind? why is pearlman giving the criminal the benefit of the doubt? why isn't he giving the victims
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who acted in self defense the benefit of the doubt? >> she said she will come back and give us a longer interview. we will get questions in which she does. let me turn to kidd rock who is under fire for the confederate flag when he used in some performances and this group in detroit, a city he has done a lot to help now wants him boycotted and they are calling him a zero because he used the flag. >> that's right. and we don't know when the last time kidd rock used a confederate flag as part of his stage performance. he has done a lot to help detroit probably more so than michigan chapter of al sharpton's group that staged a protest that had a kidd rock exhibit. one of the individuals who took part in this protest were saying why we he have a symbol that
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represents genocide to detroit. when i think of genocide to detroit i think of policies and the people who have been governing detroit for the past 40 years. >> the suggestion, that kid rock is some sort of a racist. by the way, i'd like to introduce you to bobby jr. kid rock's african-american son. >> who is going to be a dad. he's a dad now. >> i wonder if he knows his dad is a racist. >> i know right. >> here's the other thing i need to share with the viewers. he has shared with us a message for those who are demanding that he denounce the confederate flag. this is a quote. he said they -- please tell the people who are protesting to kiss my ask me some questions. i modified that for tv. >> they need to ask how many black lives were lost in chicago over july 4th weekend because of the confederate flag. >> good question.
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always great to see you. >> thank you. >> see what i did there, it was like a play on words. up next new details on what caused computer systems to crash at the stock exchange, ♪ (piano music) ♪ fresher dentures, for the best first impression. love loud, live loud polident. ♪ ♪ fresher dentures... ...for those breathless moments. hug loud, live loud, polident. ♪ ♪
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. developing tonight conspiracy theories running wild after a trio of computer troubles at three major u.s. companies. trace gallagher is live with the story. >> a famous investigator said where some people see coincidence i see conspiracy. and today's trifecta of glitches even had some acknowledging it had the appearance of a cyber attack. united airlines had a network connectivity problem.
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1:13 # 11:32 the stock exchange halted trading. 13 minutes later the wall street journal's home page stopped working. many believe the journal knockout was the result of people flooding its website in response to the nc outage. the problem got the attention of everyone from the president to the fbi. >> it looks like again, in my business you don't love coincidence coincidences. it appears there is not a cyber intrusion involved. >> homeland security echoed that saying there is no sign of malicious activity. while the feds were dismissing the threat others were pointing out that hours before the the series of technical issues the hacking group anonymous tweeted wonder if is tomorrow is going to be a bad day for wall street. cyber security experts say there may not be evidence of an attack but there is evidence of our vulnerability. listen. >> we need to look at the cause of it. it might appear to be a glitch.
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you're right, absolutely right. these could be made to look like a glitch so they cover up activities. >> air traffic is still not back to normal. while the stock exchange came back up the dow went down 261 pounts. >> not only that i had rainbow wheel on my iphone for a long time. trace, good to see you. we'll be right back. ♪ it's a calling. a love affair. a quest. the next horizon. everyone loves the chase. there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world,
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on. somebody wanted to me to look at something like megryan ryan. i have no idea. maybe we'll talk about it with governor huckabee tomorrow tonight. see you then. tonight as the country is reeling from the death of kate steinle, hear from other parents who have lost loved ones killed by illegal immigrants in reents years. >> when you start breaking the law there is no reason to keep those people here. >> ice says there are over 300 sanctuary cities in america. rudy guiliani is here tonight with reaction. >> people should and do trust me. hillary clinton once again blames republicans for her trustworthiness problems. >> this has been a theme that has been used against me and my husband for many many years. >> 2016 republican presidential candidate carly fiorina is here to react. the oklahoma governor's
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