tickets to the new "star wars" and they're going to go every night for three, four weeks are. you doing that? can you relate? facebook.com/the kelly file. let me know what you think. what do you think of the princess leia slave girl costume? must it stay or go. tonight 2016 gop candidate ted cruz is surging in the polls. >> people are hungry for a conservative they can trust who will stand up to washington not only who will but who has. >> the texas senator is here tonight with reaction. then 2016 contender former governor jeb bush is firing back at donald trump. >> he's run for president twice and quit. and i've run for governor in the biggest swing state and won twice. i know how to win. >> governor bush is here tonight with more on the state of his campaign. >> and thousands of iranians burning american flags in the streets of tehran.

so why does obama continue to negotiate with a regime that hates our country? plus caught on tape. a white man in salt lake city violently beaten allegedly over a confederate flag car decal. "hannity" starts right here right now. >> welcome to "hannity" tonight the top of the republican presidential field is taking shape in brand-new polls and we're seeing the rise of senator ted cruz after a very strong debate performance. in a fox news poll released just hours ago, donald trump, dr. ben carson take the top slots, followed by senator ted cruz and senator marco rubio tied with 11%. then you have jeb bush, mike huckabee, john kasich, rand paul all with 4%, carly fiorina and chris christie round out the top ten. a new quinnipiac poll shows trump and carson virtually tide at the top followed by senator cruise and senator rubio both in double digits.

polls also show cruz beating hillary clinton in a potential head-to-head match yp in the general election. in iowa senator cruz is gaining momentum. a kbur monmouth college poll shows cruz in third place behind carson and trump. rubio is the only other candidate in double digits. cruz takes third again in another iowa poll with trump and carson take first and second. here with reaction 2016 goll presidential candidate texas senator ted cruz on the rise. senator, congratulations to you. >> thank you, sean. >> how many of this do you think is related to what i think will be taught in journalism school? the moment you had really taking down those very abusively biassed moderators in that last debate? i thought that was a huge moment for you. >> well, thank you, sean. i got to say the momentum coming out of that debate has been astonishing. you know, the first debate and 1900 hou 100 hours that followeded that debate we raised $1 million.

the second debate raised $1 million in 30 hours. 1.1 million not in 100 hours or 48 hours but in 22 hours as people all over the country went to ted cruz.com. it really has been breathtaking. and one of the things that also encouraged me that after i called out the media, we really saw the republican candidates on that stage united and come together and stand in unison. it was really encouraging to see us stand against the left wing bias of the media and make clear that every one of the candidates running has a strong and more positive and more optimistic message than any of the democrats and any of the lies the mainstream media is trying to push. >> senator, one thing you've done throughout this entire campaign, you refuse to get into it with the other candidates. and you made that very clear the other night. is that just how you feel? is that a campaign strategy? >> well, i'm a big believer in reagan's 11th commandment. thou shalt not speak ill of other republicans. when you have debates where they're trying to get you into a

food fight and insulting each other and impugning each other's integrity i ain't going to do it. if others attack me i'm not going to respond. now, i do think policy disagreements are fair game. i think it's perfectly fair game for a moderator to say, ted, your tax plan is a simple flat tax, 10% across the board. another candidate's tax plan has a top rate of 35%. what's the difference between those two? and why is your tax plan better? i mean, that's the sort of substantive question debates should be about. but they shouldn't just be food fights and insults which is what sometimes these debates turn into. >> i totally agree with you. i thought the winner were all the candidates on the stage but you got it started. i was talking with glenn beck the other day. he said he did an interview with you. there are people who have photographic memories. he actually used the term audio graphic memories. and because he pointed out something they hadn't picked up which was you literally named everything that had happened in the exact order. and i want to ask you about it.

let's play the tape and remind people of that moment. >> the questions that have been asked so far in this debate illustrate why the american people don't trust the media. [ cheers and applause ] >> this is not a cage match. fans you look the at the questions, donald trump are you a comic book ville lachblt ben carson can you do math? john kasich will you insult two people over here? marco rubio why don't you resign? jeb bush why fallen? how about talking about the substantive issues. >> allen dirt shschwitz has pra you as one of his brightest students. austin dillsby praised your intellect. is that true that you have this ability to memorize and remember things like that? i know you're a harvard debate

champ p. >> i have a good memory and i do remember things they hear. it's not perfect, it's not 100% but it is a good memory. and i do think conservatives are tired of getting our clock cleaned. margaret thatcher famously said first you win the argument then you win the vote. we keep sending people into debates that democrats just eat their lunch and we need to be able to stand up to hillary clinton and make clear that her big government agenda is an absolute failure. and i think conservatives are hungry for someone that is not going to curl up in the corner and hide from the fight but is instead with a smile, with the optimistic vision of a ronald reagan say, what you're doing isn't working. here's what you said and it isn't happening. and here's instead the principles that built america. i think if we -- you know, conservatives win when we effectively articulate what it is we believe. liberals win when they effectively obfuscate and hide

what they believe. truth matters. lies don't. >> the president went out there oh, they can't handle a little debate. by the way if that's true, mr. president, you're so brave, such the great negotiator with iran and withputin, i'll give the president an hour every night for five nights if he wants. >> sure. i don't see him coming on this program. but i thought about that. let me put up on the screen because last night was not a good night, election night for the democrats. since obama's been president, the democrats have lost over 900 legislative seats around the country. since he's been elected let's see they lost 12 gubernatorial seats, lost 69 house seats and 14 senate seats. that's not exactly -- maybe he's done well for himself, but he's destroying the democratic party in the process. what is your reaction to what's happening in the country when you look at those results that are so dramatically reacting i would argue to the bad obama

po policies? sean you're exactly right. barack obama has elected more republicans than any human being in the history of mankind. because his policies are such a spectacular failure. i thought it was fairly ridiculous when he said gosh, if the republicans can't handle cnbc how will stay stand up to putin or iran? obama is the worst negotiator perhaps in the history of american presidents because what he does with putin and iran is he just surrenders and gives them everything. he tells iran okay you want $100 billion? fine. you want nuclear weapons fine? want to keep sponsoring terrorism fine? you want to keep building icbms fine. the you want to keep americans in prison fine. we'll surrender everything. what kind of negotiation is that? >> stay right there, senator. we're going to come back and i'll ask you exactly about that. because the iranian parliament voted this week to keep continuing to say, death to america or chant death to america and they were burning the american flag again this week. i want to ask you about that.

more with ted cruz after the break. later 2016 republican presidential candidate former governor jeb bush is here. we'll ask him about his campaign, the state of his campaign, his position in the polls and his republican rivals. donald trump screaming get out of my country these are offensive words. >> here's a few of mine own. >> you racist [ muted ]. >> a disturbing new ad. >> also tonight a vicious brawl caught on tape in salt lake city apparently started over a quote confederate flag car decal. is this a hate crime? apparently police are saying no. we'll debate that and more straight ahead.

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plus, helpful advice from the sleep experts. but mattress price wars is ending soon at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ live from america's news headquarters, i'm patricia stark. early u.s. intelligence sugge suggesting bomb may have brought down a russian airliner saturday. the plane crashed in egypt killing all 244 people on board. isis claimed responsibility but a sourced brief says they're looking into many groups. over the future of guantanamo bay, pat roberts put a hold on president obama's nominee for army secretary looking to stop the president from using his executive powers to close the military prison in cuba. cops arrest one of the

suspects in the stabbing of stone who survived the attack one of three americans credited with stopping an related terror attack on a paris bound train. i'm patricia stark, back to hannity for news on fox. to be choice. with whom do you stand? do you stand with violent criminal illegal aliens, or do you stand with american citizens? do you stand with our sons and daughters and those at risk of violent crime? >> that was senator ted cruz earlier today calling on the senate to move forward with kate's law, a bill that would impose mandatory minimum sentences on criminal illegal immigrants who re-enter the country. last night the city of san francisco, where kate steinle was killed by an illegal immigrant, did not re-elect the sheriff who defended the sanctuary city policies even after her death. we continue now with 2016 presidential candidate senator ted cruz.

i was glad that that happened to that sheriff. he got defeated soundly last night. >> yeah. >> but you know, this is one of the things. you always talk about the washington cartel. it's things like this that never seem to get done, senator. the president gets away with his illegal unconstitutional executive amnesty. planned parenthood is still funded. obama care still exists. that is frustrating so many of us that are conservative. >> you're exactly right. i'm leading the fight to pass kate's law. there are really two things at play. number one, the democrats have gotten so extreme, so rabid, so partisan, that they block even common sense legislation. so when i try to bring kate's law forward on the senate floor harry reid stood up and objected. and you know what he said? he said, well, this is impugning immigrants. and i'll tell you, sean, i responded. you know what as son of an immigrant who came legally from cuba 58 years ago that is offensive. because kate's law says

aggravated felons. it said murderers and rapists and people who have committed kidnapping and assault. if they illegally re-enter they have a five-year mandatory minimum prison sentence. i said listen. the legal immigrants who follow the rules are not murderers and rapists. why are you harry reid and the democrats insulting every immigrant by calling them violent criminals? why don't we come together against violent criminals instead? >> and these sanctuary cities, even if people are in jail illegal immigrants, they just release them. they don't even hand them over to the federal government to be deported. i want to go back to the iranian issue. i think this is very, very important. i'm going to talk over this tape. what i'm showing our audience is once again the american flag being burned. we'll put up the audio a little bit. reportedly chanting "death to america" israeli flag being burned. and the parliament in iran just this week said they're not going to stop chanting "death to america" yet we're giving them 150 billion. we're giving them icbm

capability. 24 days notice. a miss sell defense with putin. conventional arms. what is wrong with us? how can you stop that if you become president? >> look, it is lunacy. today is the 36th anniversary of iran's seizing the american hostages. what's been called death to america day. and every year for 36 years they've celebrated like you're showing on screen, burning american flags, burning israeli flags, chanting "death to america." you know, today in the senate, sean, i chaired a hearing of victims of islamic terrorism, victims of iranian terrorism and palestinian terrorism. they share their stories and the fact that the obama administration is intervening in litigation against american citizens and in support of iranian terrorism. it is heart-breaking, it's wrong. you asked how that will change? if i'm elected president, on the very first day i'm in office, we will rip to shreds this catastrophic iranian nuclear deal. >> thank god. >> i'll tell you one of the sharpest differences i think.

>> this is dangerous, senator. this is so dangerous, so scary >> yes. >> i didn't mean to interrupt you i'm sorry. >> it is the single biggest national security threat facing america. it is an existential threat to israel as prime minister netanyahu puts it. and one of the biggest differences i believe between me and the other fine men and women running for president as republicans is i think i am the one candidate who as president, if and when i stand up and say to the ayatollah khomeini under no circumstances will iran be allowed to acquire nuclear weapons, a tehocratic who cries death to america he'll understand i'm not bluffing. >> if you go back in history the day ronald reagan became president, those 444 days ended. we have just about a minute left, senator. you released your tax plan on the day of the last debate >> yes. >> i want to put up on the screen. you would abolish the irs.

10% flat tax rate on personal income. eliminate all corporate taxes. 16% business flat tax, universal savings accounts by the way and the death tax which is double and triple taxation. would that come into balance in your view and how does it get into balance and what would the percentage of growth need to be for it to be in balance? >> so it absolutely comes into balance. i would encourage your viewers if you go to our web site, tedcruise.org we have detailed numbers there. you can see this tax plan, the simple flat tax, would produce 4.9 million new jobs, would increase capital investment by 44%, and every income group in america would see your after-tax income grow by at least 14%. so if you're a single mom making $40,000 a year, it means your after-tax income is an additional $5600 a year. it is reagan kemp growth tax plan. and it produces the most jobs of any republican on that main debate stage.

>> we got into more substance than the entire two hours at cnbc. thank you, senator. that was a big moment for you. congratulations on the polls. we appreciate you being here. >> great to be with you. coming up next tonight right here on "hannity." >> do we have to talk about donald trump? no, i'm not quitting. he's entertaining, he's fun. he says really funny things in the breaks in the debate. but i'm running for president of the united states. and it's a serious endeavor. >> former florida governor jeb bush is hitting back hard against his campaign critics, including donald trump. he joins us next to explain. and then later tonight -- >> this is my home. >> you can't take my rights away. >> if you don't like our constitution and what it stands for, get the [ muted ] of of my country. >> a political action committee is exploiting children to try and take down donald trump. we've got more of that disturbing tape and much more news tonight on "hannity." this holiday season, get ready for mystery. what's in the trunk? nothing. romance.

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earlier this week jeb bush travelled back to his home state of florida to begin a new campaign theme jeb can fix it. this comes as the 2016 hopeful released an e book entitled reply all. a governor's story, 1999-2007 which details his time as florida's governor through actually e-mail exchanges with his staff. joining us now to explain more, the man himself 2016 republican presidential candidate former florida governor jeb bush. governor, good to see you. welcome back. >> thank you, sean. good to be with you. >> all right, jeb can fix it, the new e book. polls aren't where you want them. it seems like you're trying to hit the reset button. >> i'm campaigning hard in the early states to talk about a record of accomplishment, to understand the frustration that people feel that washington's not working but give them hope it can work if we have conservative leaders that forge consensus to fix the big complex things.

people are upset about washington because we elected a republican majority in the senate and very little gets done. and i worked for a lot of these good candidates that are going to be great senators. but right now we're stuck. and i think we need a leader in the white house to fix the most convoluted tax code in the world, the regulatory system that is stifling the next generation of businesses. we need to fix the culture in washington. i would love to see a balanced budget amendment so we could get to a balanced budget far faster. we should make sure that elected officials don't immediately become lobbyists when they finish. we need line item veto power for the next president. there's a lot of things i think we could do to hit the ground running to create a culture that would create limited government and shifting power back to families and local communities. >> you know, governor, when i first interviewed you at cpac i went over your record as governor of florida. you have a solid, strong conservative record. first state with school vouchers, aaa bond rating you got an increase. you created jobs, balanced budgets and surpluses.

it seems from the get-go -- maybe it's your opponents, maybe it's your critics -- that people have focused basically on three things. maybe your last name, and certainly immigration and common core. and those have stuck with you. how do you respond to that? because it seems to be an issue that just keeps coming up again and again. >> well, when i talk to people what they want to know is how are you going to deal with the deficit. i have a plan to do that starting with high growth. and cutting spending across the board. and reforming our entitlement system. the only place i think that washington shouldn't grow in terms of spending is we need to rebuild our military. we see what's happening now with this pathetic foreign policy of president obama that hillary clinton is now suggesting she would just double down on. gives him an a on everything that he's done. our country is weak and vacillating. and we need to restore the military. so i have plans to do all these things. and i want people to know that it's not just talk. i got to do it as governor of the state of florida.

and i have the backbone, the heart and the brain to be able to fix these big complex things so we can move forward again as a nation. a lot of people don't want to talk about the process around in new hampshire. they want to know what you're going to do to allow them to rise up again. they're very frustrated. >> donald trump has hit you hard. you've been hitting marco rubio pretty hard. you had the campaign powerpoint that came out, among other things you said in the powerpoint it said marco's a risky bet. battles that seem to be taking a lot of your attention away. what is your reaction to trump, why are you going after marco so hard? it seemed like you guys were friends going into this. >> he's my friend and he's a skilled politician for sure. but i believe we need someone who has a proven record to go against hillary clinton. her record is one of lack of accomplishments. she's passed in ten years as a united states senator three bills that she sponsored, naming a highway after tim russert, a monument and a post office. we need to have someone that has a record of accomplishments.

>> that's not exactly an accomplishment. >> ten years. >> i liked tim russert but that's not exactly the big accomplishment. >> yeah. well, i totally get it. and in foreign policy, after the benghazi hearings where she said that in fact that this was created by islamic terrorism after denial after denial after denial and 600 plus e-mails from the embassy in libya saying that they had a security risk and no action taken? i think we need someone that has a record of accomplishments. that's my issue. look, people are going to sort out all the little internal battles. i'm not focused on that. >> yeah. let me ask this. i want to point out, one of the things i'm most concerned about, yeah, i'm concerned about americans out of the labor force and poverty and on food stamps. i'm concerned about median income down. i'm concerned about immigration. all these issues to me pale in comparison to what is i think will ultimately be proven to be

worse than the munich deal and that's this iranian deal. i want to ask you about this and what you would do as president if you're elected. because look at the video that's out today. look at what the iranian parliament did yesterday. even with the nuclear deal, they're burning the american flag. they won't give up chanting "death to america." and yet this president's going to give them 150 billion. missile defense with putin. icbm capability. more conventional weapons. and we got nothing. what would you do on day one on that specific issue? >> we need to clearly confront the ambitions iran has in the region. we need to reinstate sanctions to do what's necessary to make sure that they don't get fresh capital from europe and other countries, companies that want to try to profit. they're going to have to make a choice. are they going to want to do business in the largest economy with the greatest respect for the rule of law or trade that in for an iranian economy that's controlled by the iranian revolutionary guard that where

there is no rule of law? i think we need to re-engage with our allies to create a serious confrontation with iran. the irony of all this is that the greatest ally of israel has helped aid and abetted to create the greatest existential threat of that country since its beginning. and we need to make sure that we also support israel. it would create a deterrent effect if we provided israel with the necessary sophisticated arms so that they know the iranians know that we're serious about confronting their ambitions across the board, both nuclear and otherwise. >> governor, i believe that your brother did the right thing when he went into iraq. and we now see cities that americans fought, bled and died for and shed their blood in, mosul, fallujah, tikrit, ramadi. all these cities obama allowed to get into the hands of isis. what do we do from here considering those cities were won? how would you handle that part? >> we need to re-engage with the sunni tribal leaders to do what

the surge did, which was to create a coalition that allowed for them to be effect tentative take back the communities you describe. we need to directly arm the kurds which this administration has been reluctant to do. we need to embed our trainers in the limited number of troops that we have inside the iraqi army. we need air controllers to be able to identify where the sorties have to be hit. we need a strategy, sean. what we now have is a reactive effort that is not strategic in its approach. and the strategy has at the end objective in my mind the ending of islamic terrorism with the ending of isis. >> last question. where do you stand on this controversy over these debates? i thought the moderators at cnbc were disgraceful. >> yeah. well, i just want the rules to be clear whatever the rules are to apply them fairly. we were told that the debate was going to be about economic policy, the deficits and the debt. which would have been great. and i hope and i'm pretty

certain that the fox business debate will be about those things because i think they'll honor their word and their commitment. those are the issues that people care about. when you have people with declining income, they want to have a serious conversation about how we can fix these things, applying conservative principles the right way so that people can be lifted up again. i'm looking forward to the debate next week in milwaukee. >> all right, governor, thank you. we always appreciate your time. appreciate it. >> thank you, sean. coming up next tonight right here on "hannity." >> donald trump screaming get out of my country. use offensive words. >> here's a few of my own. >> you racist [ muted ]. >> a left wing political action committee shamelessly using children to smear donald trump in this case. now we're going to discuss this right after the break and then later tonight, a violent beat down in salt lake city. the fight allegedly started over a confederate flag car decal. we'll debate that and more straight ahead. ♪song: "that's life"

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welcome back to "hannity." the left has once again taken their vile rhetoric to a whole new low. now a political action committee which goes by the name deport racism used young children to attack donald trump in a disgusting new video. watch this. >> hola, donald trump screaming get out of my country. you use offensive words. >> now here's a few of my own. >> you racist [ mute ]. >> we're latino kids born in the usa. >> you may be high in the polls. >> thanks to [ mute ] racist suckers. but -- >> if you try to deport my abu elita, the u.s. constitution makes me a citizen. >> you hate that because i'm brown. >> you say you're a patriot? >> but you want to tear the bill of rights down.

>> i'm an american. >> born in the usa. >> this is my home. . you can't take my rights away. >> if you don't like our constitution and what it stands for -- >> get the [ muted ] out of my country. . joining me now with reaction conservative columnist a.j. delgato and fox news contributor julie raginski. a.j. i look at this and i'm thinking what parent would allow their kids to be dropping these f bombs, saying these things that are absolutely so incendiary and over the top? i expect it from the democratic party. you going to let your kids do that? what's your reaction? >> i this as a latino what's most infuriating aside from the fact they're exploiting these poor children, they're pretending to speak for latinos. and cane tell you that part of the reason that many latinos, millions of latinos are supporting donald trump is he's standing up for us and he's saying exactly what it is we need. we have a huge unemployment crisis in our community. when you have someone who's talking about bringing manufacturing jobs back to

america, about negotiating better trade deals, about stopping illegal immigration so we actually have jobs that aren't constantly beings undercut by people willing to do these jobs for less, that's music to our ears. he's even talking about helping veterans, many of whom are latinos. we love donald trump specifically because we're latino. so when someone asks me how can you support him as a latino, i say i almost want to ask well as a latino how is it you don't? >> you know, i love ripping up the bill of rights which i didn't know it applied to people that were illegal immigrants. you can't say the term "anchor baby"? >> isn't that ironic? they're celebrating lawlessness but then citing the constitution. a little ironic. >> what's your reaction to this as a democrat? >> well, it's not as a democrat but somebody who does campaign ads for a living i would say to you it would have been an effective ad had they changed the language. the language was completely inappropriate. exploiting these kids inappropriate. pointing out that natural born

citizens are natural born citizens. kids who are born here are legally here and legally citizens. that is part of our constitution. >> but donald trump talked about illegal immigrants. >> he went further than that. >> what donald trump said is factually accurate. some people crossing this border may want a job and a better life. i get -- of course. but they have to do it legally. and there are people that come here without our best intentions. >> but donald trump did go further. he said we need to examine the kids of those people and whether they're american citizens or not. they are cons constitutionally american citizens. >> it's not a debate it's a reality. >> it's not a reality. if you're in this country and you're a parent illegally i don't think you should have natural born citizenship when the parent's here illegally. >> take it up with the supreme court. >> i will. i'll argue with them tomorrow. >> the law is the law. this particular ad would have been very effective had they stilled the language. the language it completely inappropriate. they wanted attention and they got >> it only a few first world

nations in the world have birth rate citizenship. let's take it up like sean said. in practice it's ridiculous. you shouldn't be able to come here when you're eight months pregnant, pop out a kid and that's an american citizen. it's ridiculous. and normal people would agree. if that makes somebody a racist, it's ridiculous. >> we have 95 million americans out of work. and you're right. if you have people crossing the border, they're competing for jobs. the hispanic community, the black community have been disproportionately impacted by the lack of economic growth and job opportunities. you have more people competing for fewer jobs, driving down wages and hurting american citizens. this is a big -- and the hispanic community you're saying will vote for trump in bigger numbers than is reported often in the media. >> a perfect example, sean, something you won't ever hear from the left. cesar chavez used to patrol the border like a minuteman. why? because he wanted to keep laborers out to help the latinos that are here. that's the same thing latinos like myself and others want to

do. i want to help my mechanic neighbor that lives next door. i want to help my other latino friends that are looking for jobs and can't because they're competing with all these illegal immigrants that are continuously undercut them. same with my african-american friends. these are people that built this nation with the sweat of their brows and they're seeing themselves undercut by foreigners who are coming here illegally. that is unfair. it's unjust and we need to look out for them. >> the black and hispanic communities have been disproportionately impacted by the lack of jobs over obama. now there's more competition because we don't control our borders. here's my question. is that fair to american citizens who are here? >> what i'm hearing right now is that i'm hearing that donald trump is suddenly magically because of his views which you agree with -- i'm answering your question. >> is that fair? that there's so much more competition for the few jobs available? >> they're not competing for the same jobs. [ overlapping speakers ] >> according to the chamber of commerce, all your friends in the republican party -- >> chamber of commerce? >> by no means a democratic

shil. >> when did they come out saying they're not competing for jobs? >> let me finish. it's going to lead to job creation. marco rubio before he decided to become a born again republican tea partier sponsoring legislation he knew would create jobs pathway to strip. so take it up with people in your own party. >> donald trump is hosting "saturday night live." here's a promo they started to air. >> this week presidential candidate donald trump will be hosting "saturday night live." i'm not supposed to say this but he said i could be his running mate. >> cecily, did you hear? i'm trump's v.p. >> i'm just shopping around. >> all right, a.j., i think a big plus for him. obviously he still leads in the polls. does he sustain it to the end? in other words, do some people maybe chicken out with an outside insurgent candidate or does he go all the way? >> i think he goes all the way. he's been dominating for months. the more people hear about him the more they love him. >> i think he's going to get out probably sometime after new hampshire and look for an easy way out in order to get enough

delegates i think the keynote speaker -- please i would love nothing more. please, donald trump, be the republican nominee. >> i wish nothing more for hillary to be your nominee. >> great. let's see what happens. coming up a disturbing fight caught on tape. brawl breaks out in salt lake city over allegedly a confederate flag car decal. we'll check in with eric guster and bo dietl next. ♪ romantic moments can happen spontaneously, so why pause to take a pill? and why stop what you're doing to find a bathroom? with cialis for daily use, you don't have to plan around either. approved to treat erectile dysfunction it's the so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain,

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welcome back to "hannity." a brutal beating caught on tape. according to fox 13 in salt lake city, a group of black men violently beat a white man and knocked his friend out cold allegedly over a dispute about a confederate flag car decal. take a look at this tape.

>> now, our producer spoke it a local police this afternoon and they are not now investigating this as a hate crime. why not? joining us now with reaction we have trial attorney eric guster former nypd detective bo dietl. you saw that they mentioned the decal. so it obviously had to do with race. how is that not a hate crime based on the legal definition, eric? >> it's simply not a hate crime. because hate crimes have to be based upon race. and just because it was an argument over the decal which that was only a part of the argument, sean. i looked at that tape about 20 times. and i realized that the young men -- >> if this was about anybody saying anything that was anti-black or anti-semitic or anti-hispanic, we've seen these cases where they bring civil rights charges after verdicts

aren't brought in that the way people expect or want. and if it's about the confederate flag, that seems pretty clearcut to me that that's about race. >> no. oh, well, you're making the arg the confederate flag is a racial symbol. so i appreciate you finally doing that. however, this is not because -- >> however, don't put words into my mouth. what i'm saying is how this debate is argued in the country that this is about race? this is the way people see it. and the way it was said on the tape is obviously about race. that is the point that -- i think on this one, eric, first of all with the confederate flag coming down in south carolina they say that is a racist symbol. and people have been saying that it's a racist symbol. what if it was reversed and waits a bunch of black kids there, in a car there is a black

power flag or something like that and a bunch of white kids and started saying racist things about the flag and beating then up, then, that would be a racial incident. my point is what was said is between the two parties should be investigated. if there was racial, this has to be investigated further. >> if there are racial comments that came out. >> but bo, i watched the tape. the black guys were outside by these peoples' cars. they confronted the guys, people within the hotel came out and started the altercation. >> eric, you seem to be rushing to judgment and bo is perfectly right. >> i am not. >> let me finish. >> for them to -- stop

complaining. to dismiss with this out a complete investigation seemed to me they're trying to down play the incident, bo, in that sense. >> you know, it happens all the time. it happens in new york. when a gang of blacks attack a white kid, it is not racial. but if a gang of white kids beat up a black kid, then, all of a sudden that is racial? let's take a look at the investigation. let's investigate what is said back and forth. was there anything made. and i think it should be investigated before rushing to judgment. >> whether it's a hate crime or not is the issue. whether it's about race that is a different -- realm. >> they're not investigating it as a hate crime and it's too early to determine that. >> that is the point. >> the police have taken statements and talked to the people involved in the fight. >> but -- >> eric, you know yourself it

happens in new york all the time. >> it happens in new york when a gang of white kids beat up a black kid, they're calling it a hate crime from the beginning of the beating. it goes another way around, it's -- >> if they start calling them the "n" word, that makes it a hate crime. >> coming up, our ask sean segment is coming up and there is an it's the little things in life that make me smile. spending the day with my niece.

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gentlemen. you look well. what's new, flo? well, a name your price tool went missing last week. name your what, now? it gives you coverage options based on your budget. i just hope whoever stole it knows that it only works at progressive.com. so, you can't use it to just buy stuff? no. i'm sorry, gustav. we have to go back to the pet store. [ gustav squawks ] he's gonna meet us there. the name your price tool. still only at progressive.com. welcome back to "hannity". in light of this disturbing video out of tehran, should congress do everything they can do to overturn this iranian nuclear deal? the answer is yes. very scary. let us know what you think. time now for your questions, our ask sean segment. >> sean, maybe you can ask the democrats, dnc, the candidates

and liberal media why they're so quick to cancel debates on nbc when they won't come close to touching fox news? >> great question. in light of the comments the other day, mocking republicans, mr. president, if you're so brave and you're so tough, though you're the worst negotiator i've seen, why don't you come on the program? i'll give you an hour, and five hours, i'll give you the week. hannity and obama. because you're so tough yourself. good point. and hillary, you're always invited. if you have a question just go to twitter, use #asksean. quick programming note. tune in tomorrow night, 10:00 p.m. eastern right here on "hannity". we have carly fiorina and senator rand paul here tomorrow night at 10:00 eastern. set your dvr. that is all the time we have

left. set your dvr and never miss an episode. thanks for being with us. back here tomorrow night. right. >> this is a fox news alert. all signs point to a bomb. sources telling fox news it was likely a bomb that took down a russian jet killing, murdering all 224 on board. right now u.s. investigators are focusing on isis. let's get right to fox news correspondent conor powell he is live in the middle east. conor? >> well, greta. it's been a bizarre few days to watch this investigation unfold. the first several days you had egyptian and russian authorities presenting sort and a lot of speculation while at the same time you had had a u.s. and u.k. and western governments really saying nothing. that changed today when the british announced that they were suspending all their flights from great britain