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tv   The Kelly File  FOX News  May 23, 2016 9:00pm-10:01pm PDT

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i am bill o'reilly. plee please remember that the spin stops right here. we're looking out
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>> officer nero faced trial, and found not guilty. that is the response to his father as he left the court
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house today. again, he'll be with me in moments. baltimore officials were quick to remind everyone though he was cleared he is still under threat from bosses with the mayor saying now that the criminal case is at an end, officer nero will face review by the police department. his own department saying quote, the criminal case has come to a close, the internal investigation has not. we have a big show for you tonight. in just a moment we'll be joined by one of the most out spoken activists in this case. and we'll take a look at what it means for the other officers. we begin with trace ghallager. trace? >> as the verdict was read, he lowered his head, wiped away tears and after five days of testimony, judge williams ruled
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nero was not corrupt and there were quote, no credible facts he was involved in the arrest. his partner, officer miller, who will stand trial in july tested that he alone arrested gray. the very fact that prosecutors charged nero with assault was considered radical and critics say this proves the rush to judgment in charging the six officers was motivated by policy, not justice. mosey was in the in court and has not issued a statement but many say she appeared to side with the protest. >> to the people of baltimore and demonstrators, i heard your call for no justice, no peace. your peace is sincerely needed as i work to deliver justice on behalf of this young man. >> the attorney for the family
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of freddie gray commended the judge for quote, not bending to public opinion. mroetesters surrounded officer nero's justice. >> it's planted against people against people in the community. it's bias and racist. >> freddie gray did not kill himself. yet, he's dead. somebody needs to be held accountable. >> gray was arrested in april in a high crime area in baltimore, he died a week after his neck was broken. he was handcuffed and shackled and the death set off a week of protests, looting and rioting. the mayor said those causing damage needed their space, today, she called for patience.
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officer nero's attorney says he wants to remain a police officer but the internal investigation will not be complete until criminal cases have ended. >> trace, thank you. >> again, when this officer was cleared and not found guilty of anything, the mayor and boston reports had not a single word of support for nero. do you agree with the statement we just heard this is biassed and racist to its core? this verdict? >> it's good to be here, megyn. we know to be true he should be alive today. the judge said officer nero is not criminally responsible but it's important to note the mayor and police commission said they'll conduct an investigation. we know the law enforcement officers bill of rights and
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policies in the city do not have a guarantee that officers will not be held accountable. so remember -- >> but the court found 0 facts to support the charge against this officer. this is a judge that prosecuted cops, bad cops for five years. >> it was backed around a criminal case. the judge found there is no crime committed based on the current laws. that reminds us -- >> do you agree with the woman that says this verdict is bias and racist? >> megyn, a agree this is a reminder we need to make the laws to hold police officers accountable. >> like officer nero? >> yes. >> what did he do that was wrong? >> again, given the current standards he was not criminally responsible. >> but what did he do that was wrong, deray? what the evidence showed is that he had virtually no interaction
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with freddie gray. none. >> so did you read the verdict? the judge does say he did have involvement with the assault but not aest. he was involved. freddie gray was no threat to the officers. the officers were a threat to freddie gray. this is about a range of circumstances and a reminder we have to change the laws and policies in the state. >> don't you think it's a danger to the community if we start locking up cops for a bad judgment call? >> do you think freddie gray should be dead? >> my question, don't you think it's dangerous for a community to lock up a cop to exercise poor judgment? >> i will never agree that an officer's role is to kill unarmed citizens. he left the van alive and left with his spine damaged. >> so far, the only groups to weigh in whether that was the
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fault of the cops, so the facts are not coming out. >> i hope that you're not suggesting that one acquittal that means all of the other cases. >> you're suggesting these cops. i'm telling you died in police custody that has not yet been established. >> i'm saying freddie entered the van alive. that is not the condition he came out in. >> who caused it remain to be scene. you're saying to the audience the cops did it. i am telling the audience thus far, the evidence does not support that. >> you don't know the evidence in the case is and neither do i. >> i know one guy was tried by a jury and it was a hung jury. >> yes. >> the next case that was tried an an african american conclude there'd is no case against this officer. >> one case. we're looking forward to the next five. we'll see the next five. >> now that you have a not guilty verdict against officer nero you continue to tell this audience he did something wrong. >> no.
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i continue to say i'm looking forward to the administrative review. we need to take a look at the laws in the stay l maryland. >> what did he do? >> it is okay for officers to hog tie and choke hold citizens. we don't think that is okay. >> so you look at that. what did officer nero do? >> i've said this to you, megyn. this officer was involved in this case. what the judge said is that the ofgser is not criminally responsible. that means we need to continue to make sure that the laws hold the officer accountable. he had no action to intervene when he saw others misbehaving and that is important. >> that is not what the the judge concluded. no. he didn't. thank you for being here, i've got to go. officer nero's father is up next. joininge now, ed nero senior, thanks for joining us tonight. >> thank you. >> your reaction today? when you heard a not guilty verdict. >> extremely happy. >> describe what your son has
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been through this year? >> it has been a very trying year from the family from the moment he was placed under arrest. and until today, it was a very hard year, now, it's over, i personally am very upset about the whole situation. >> what did you make listening to deray talk about how notwithstanding the verdict your son needs to be facing more penalties? and the laws need to be changed so people like him are held to a higher standard? >> as far as previous guests, i find him a very ignorant person and has no clue what he's talking about. i sat in the courtroom every day, listening to what each side had to say and not being a father, just a person listening, the facts were what they were. if they appeared not to prove a case, and my son was found not
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guilty. >> officer miller was given immunity and forced to testify against your son. he testified to the prosecution surprise that he, and he alone caught and handcuffed freddie gray. minimizing involvement of your son. and today, sat with your family. your thoughts on this? >> officer miller appears to be a very good man. i don't know him. he is a co-worker with my son. and i believe he'd have quite a bit at stake at this as well as the rest of the defendants and police officers. >> what is your reaction today, ed, when the protestors followed you out of the court house and shouted at you? >> scared. scared because they were shouting things uncalled for, rushing to judgment. people didn't pay attention to
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the case. and one pro tester stood on the corner. beyond him there was nobody else there. today there was a lot. very fearful for my younger son because apparently they assumed he was my older son who was officer nero. it was -- >> they didn't watch the trial play out, they didn't sit in there. yet, you have people like mark lamont hill tweeting out the criminal justice system is not set up to yield justice for dead black bodies. >> i don't think this has to do with color. it doesn't matter what color the person is. people do deserve justice, it played nout a court system. fortunately for myself and family it played out the way we hoped and felt it would.
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we never felt my son had done anything wrong and the court proved that. i'm so happy with the judge, i thought he did a superb job on both sides. >> ed, 30 years old, volunteer firefighter 10 years then joined up with the force, no marks on his record. sometimes we forget about what this experience puts officers through. it was described as a year of hell for him. has it been? >> yes, it has. truly. but as far as what he is intending to do, i heard things issued, gag order. wasn't aware of it as well as process that he'll have to go through. i assume that he would have to go through police administration. but i don't think that is fair that he is not allowed to resume his duties until others are completed. i don't think that is fair. >> he's stuck on a desk job now
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until outcomes are settled. he's been adjudicated, not guilty. >> yes. he's not guilty. >> ed, thank you for being here. >> thank you. >> with the trial ending, what is next? former prosecutor, and arthur idala, thank you for being here, mark what did you make of the first two segments? >> well, the judge is courageous when i see the treatment the family gets. >> the people yelling at that man. they hadn't even watched the trial. >> pure ignorance. your prior guest is just speaking from an emotional place. he doesn't know the facts in this case. this judge risked his livelihood because he is going to face problems getting reelected but his own life and family's life because people are willing to
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kill where judges are making decisions on the law and the fac facts. >> that is just to start more trouble. the worst. he's a smart guy. he is, i think, a smart guy. >> this is out of line. >> and it's very, very hard. >> you tell the audience whether there is any evidence to convict this cop on these charges. >> all three of us have been saying this for a year. with trace, trace, there is a rush to judgment to charge officers. it's a tragedy this young man is dead. >> there is no doubt about it. it doesn't mean it's a crime.
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>> here is the problem, marilyn mosby is a leader, people hold her in high regard. she caught a sweet innocent dolphin and she's looked up upon by people in the community. they say something must have gone wrong. it must be the judge. >> just remind the audience of what she told the jury pool in baltimore, recall this moment. >> last but not least, to the youth of this city, i will seek justice on your behalf. this is a moment. this is your moment. >> yes. what is that about? >> no. it's not your moment. it wasn't your moment, miss mosby, it wasn't. >> there are criminal defense attorneys have have to continue to go on. it's in the atmosphere, acquittal, not guilty, hung jury. >> by a judge.
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>> someone taking their child to school and checking water meters aren't digging into the details. >> this is -- there is an expert in the trial that said it wasn't officer nero's responsibility to buckle them, it was the driver's responsibility. freddie gray did die. he died because he was, listen he was under their watch. someone didn't do what they're supposed to. >> they changed the policy, he
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was never told. and he can prove he didn't know, too. that could with criminal. >> prosecutors failed to prove beyond a reasonable doubt. i'm sure they're going to be going and use this for ammunition in the future trial. >> breaking tonight, fox news confirming the fbi is investigating the virginia governor. terry mcauliffe for possible corruption for time served on the clinton foundation. just ahead we'll be joined by the man who investigated the clintons about what he found at the half billion dollar fund. plus, explosive allegations in the fight over ill hell immigrants. a judge accuses the department of knowingly lying. repeatedly. about the president's plan to
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protect millions of illegal immigrants. next is the stunning ruling. and donald trump went there on a disturbing hit. we've got the ad, and reaction, still ahead. you found the love of your dreams... and together, you had the kid of your dreams. now you can put them in the car of your dreams... for a lot less than you might think. with a certified pre-owned mercedes-benz, you can enjoy legendary safety, innovation and performance at a price you can afford. and that's a pretty sweet dream. visit the certified pre-owned sales event, now through may 31st. only at your authorized dealer. mercedes-benz. the best or nothing. what are you doing?
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tonight reaction after a federal judge lashes out at the department of justice attorneys accusing them of lying about the president's plan to protect illeg illegal minim illegal immigrants. it's hard to imagine a more unethical plan. clearly there seems to be a lack of knowledge about professional responsibility in the halls of the justice department. this judge is very unhappy with the doj and made no bones about it. you lied, you knew you were lying when you lied. >> they lied four times and they lied to the detriment of the
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state. here's what happened, the states file an application saying we want to stop the justice department from accepting applications under the president easy illegal order. >> the president gave the executive order saying a certain amount of illegal immigrants can stay. they got the ball rolling and then they got sued. >> in court they said no has applied for this yet. four times they said it, two times in verbally and twice in writing. then he discovers not only did they lie but 100,000 people applied for this program when the states had been lulled into a false sense of security and the judge had been lied to. >> they told the judge don't worry those people applied under a thing that happened back in 2012 and not under the current executive action and it was a complete lie and the lawyers from doj knew they were lying,
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this had nothing to do with what happened in 2012. >> they lied and then they lied about lying. the only thing that the judge did to protect them is in this opinion which he ripped them apart and he didn't tell us who they are and instead of throwing them out of the courtroom and ordering them off the case and referring their lies to the ethics prosecutors, he said go take a course on ethics so that you don't lie in the future. >> that will do the trick. the first time you take the bar they don't mention anything about that. >> who would trust them another time in the same courtroom. they represent you and me and they represent the united states of america and they lied four times and people were lied to their detriment on those lies. they cannot be on this case any longer. >> even though know the department of justice has come out and said we strongly disagree with the order, the lawyers at doj admitted that it knowingly lied.
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they admitted it. they may disagree with the penalty but they admitted that they lied. >> i don't think he has the right to order all lawyers on this case even the ones that didn't lie to him to take these ethics course. >> even if he does it's not going to do any good. >> he can and should kick them out of the courtroom and kick them off the case and let the ethics prosecutors determine imagine going into a federal court and lying to a judge's face repeatedly. >> the whole system of litigation in america is based on trust. when a lawyer says something to a judge, the judge believes it because the consequences of misleading the court are stiff. whether the lawyer is a defense lawyer or works for the government. here you have -- i think there were four lawyers working for the government who collabora el ed in this lie.
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>> something stinks. and the country needs her to look into it. >> she should do something about it. >> they work for her so this a moment for leadership. great to see you judge. >> thank you. we have a big story on the 2016 race. no polling puts donald trump in the lead for the first time against hillary clinton. plus a big story breaking just moments ago as fox news confirms that the virginia governor is under federal investigation right now for his time at the clinton foundation. the man who wrote the book on that fund is here next. . >> so pleased as i look out in the audience to see a lot of familiar faces, but also to be here to enthusiastically endorse my friend to be your next my friend to be your next governor.here's the plan. you grow up wanting to be a lawyer, because your dad's a lawyer. and you land a job with a 401k and meet your wife.
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for the clintons politically already dogged with questions about the $500 million found. . let's get the facts straight about what is being investigated. trace has that. >> reporter: aside from being the former chair of the democratic national committee and hillary clinton's 2008 campaign manager the virginia governor also served as a board member of the clinton global initiative founded by bill clinton. records show more than $100 krubtd to both the tround addition and the campaign and n fox news has confirmed the fbi are looking at those overlapses, especially $120,000 contribution from a chinese businessman and politician. it was made through his u.s. businesses. u.s. election law prohibits foreign nationals from contributing to u.s. campaigns.
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he holds permanent resident status here in the u.s. which could make it legal but that's what they want to find out. the fbi has not contacted either the chinese businessman or the governor but the governor's campaign attorney says they will corporate. they has not ruled out becoming hillary clinton's running mate but he's the second conservative virginia governor to be investigated by the doj. the former governor was convicted of corruption charges from a friend. he has appealed to the supreme court. >> is there an allegation that it was while terry mcauliffe was with the clinton foundation that he may have done something improper or after that fact. >> reporter: nothing improper on behalf of the foundation itself. this is for his campaign. it's unclear while he was with the foundation and running for
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governor or just his campaign itself. >> okay. that's an important clarification and i appreciate that. joining us now is the author of clinton cash. good to see you again. complain this in terms viewers can understand. >> i think it's really an investigation, a broader investigation that's going on about the clinton foundation. fox news has reported as have others that since may of last year the fbi has been investigating not just the e-mail serve but also the clinton foundation. i would note that the mcauliffe investigation appears to have been launched at the same time. >> they say a year ago it was launched. >> exactly. i would dare say i think the mcauliffe investigation is about more than just the question of foreign donations. mr. wang appears to have permanent resident status which means he can contribute to campaigns and it doesn't take a year to determine a technical
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question like this. this has the markings of the broader investigation of pay to play and favors being exchanged for money flowing to the clinton foundation and to terry mcauliffe. >> to put a point on it would be that he got campaign donations to help him out and the donor would make a big donation to the clinton foundation and everybody walks away happy on the clinton/mcauliffe side. >> that's right. and favors were done for mr. wang on their behalf. that i think is the critical question. what we know is that the fbi has been looking at this for a year. there is this pattern of behavior. the clinton team has put on out there's no smoking gun argument which is really a misnomer. you would know better than i would. you don't need a smoking gun. if you look at the former
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governor he is in jail. the senator of new jersey facing prosecution. there's no smoking gun in that case. if there is a pattern of behavior in which money has flowed to politicians or their family members or to charitable foundations connected to them and they end up doing or taking beneficial actions on behalf of those do nors, that can be prosecuted and i think the question here is are the clintons and the mcauliffes of the world going to be held to the same standard as the governor or the senator or do they get a pass where other politicians do not. >> to underscore in this particular case there's no allegation that the clinton foundation did anything improper. the probe has focussed on mcauliffe and the campaign contributions. mcauliffe and his people have said they don't know anything about it, that they have no knowledge of it and they have not been contacted at least as of this point although they also
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say this man's donations were lawful. great to see you. >> thank you. still ahead a new trump ad hits the clintons so he wants to apologize for it. dr. ben carson is here to reacts. we'll have fun at the graduation for the albany law school class of 2016. check out the hats. >> the true test of strength is not avoiding upset, it's feeling emotional it's more than a network and the cloud. it's reliable uptime. and multi-layered security. it's how you stay connected to each other and to your customers. with centurylink you get advanced technology solutions, including an industry leading broadband network, and cloud and hosting services - all with dedicated, responsive support. with centurylink as your trusted technology partner, you're free to focus on growing your business. centurylink. your link to what's next.
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national average of all polls. look at that. joining me now is our politics editor and the host of media buzz right here on fox. good to see you both. what do you make of this? >> there may be a trump bump because he's wrapped up the republican nomination but they have profoundly changed the political conversation. the political establishment and the media establishment have predicted that donald trump would be a disastrous nominee. and now they have to reckon with the fact that he could be president. >> chris. >> we are where we were four years ago and before that and before that and every time which is they both start out at about 45%. donald trump did not run as an ordinary candidate or campaign as an ordinary candidate. he's extraordinary but voter behavior is quite ordinary and
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he does look a lot like mitt romney in terms of the way his support looks. he's weaker among republicans and stronger with men and weaker with women but as we look krofr the spectrum he is functioning as a typical republican nominee. theory both lower because they're unpopular. >> that's the thing that romney got a four point bounce when he secured the nomination and trump got a four point bounce but you look back in may of 19 88 and did you kasus was six points over bush. >> i get on my soap box and say don't fall for these early polls because so much can happen. the campaign is in play and this can change dramatically but trump had a psyche logically barrier to get over which is if he went into the general election ten or 15 points down it would make the never trump say we said he's the next
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goldwater. i think this sucks the gas out of the tank of the never trump crowd and the conservative third-party crowd because it shows that trump is competitive. >> does it chris because obviously national polls are interesting but the election is won or lost on the state by state polls and how it's going in the swing states. >> there are going to be different swing states this cycle. >> it's going to be what. >> a lot of different swing states this time. arizona, georgia typical republican strong holds those look to be swing states but so does minnesota and wisconsin and main and new hampshire. these are states with lots of blue collar whites. we're getting to look at the whole countryin aga instead of caring about three counties in ohio and florida and that's good for us. >> the other thing we've seen is the electorate does not like these two people. the unfavorables are so high they're kind of mean.
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>> it's kind of an unpopularity contest. you say trump's unfavorables are so high and hillary is not popular either. so either it becomes the lesser of two evils or one of them manages to make the other more unacceptable. it doesn't seem like there's going to be election won on love maybe more on ugliness. >> i like that. >> it's great to see you both. >> you bet. coming up, a special message for the class of 2015, go albany law. plus donald trump is taking heat for a new hit on bill thel ad and talk about it next with dr. ben carson. >> i was very nervous. no woman should be subjected to it. it was an assault. i tried to pull away ♪ the sun'll come out tomorrow... ♪ for people with heart failure, tomorrow is not a given.
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shoshow me more like this.e. show me "previously watched." what's recommended for me. x1 makes it easy to find what you love. call or go online and switch to x1. only with xfinity. breaking tonight the trump campaign not backing down as the candidate takes heat for a new hit on bill clinton and hillary. the message involves a web video featuring some of the women who have alleged sexual miss conduct by the former president. watch. >> i was very nervous. no woman should be subjected to it. it was an assault. >> he starts to -- i tried to
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pull away from him. [ laughter ] >> see you. appropriate? fair? >> good to see you, megyn. well, you know, it does bring out a story. and the reason, of course, that it was brought out is because hillary clinton is claiming to be this great protector of women. and, yet, in these situations, she didn't in any way lend assistance to these women. she's had an organization that accepts money from countries that treat women as second-class citizens. it's been demonstrated that in her own campaign, women are paid less than men. you know, the list goes on and on. so it's a hypocrisy that's being brought out here. >> uh-huh. but, you know, trump has said of bill clinton's accusers that
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they're, quote, a really unattractive group, physically. and he's actually also said that bill's victims, he says, are terrible. he is actually a victim. so is he really in a place to be putting this ad out >> well, i think anybody who is campaigning against someone who obviously has not been honest and straightforward needs to bring that out. i'm sure if the other side feels that there are things on the republican side that need to be brought out, believe me, they're going to do it. >> and have been. >> they've been -- they've been very successful at that over the last few elections and the republicans really haven't pushed back very hard. >> you know, it does underscore the problem for hillary because she -- she put out this tweet, okay, this is from her account back in november. "every survive of sexual assault deserves to be heard, believed,
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and supported." i mean, juanita broaddrick is somebody who alleges bill clinton raped her in 1978, sued him in 1999 to prevent the destruction of documents or smear campaign she believed that was against her. it was dismissed. some people say it's old news. under hillary clinton's old rule, we're supposed to believe this woman. >> under her own rule, correct. and also you may remember she was defending an adolescent girl who had been raped and had a very flippant attitude about it. . you know, these things are going to be brought up. they're not going to be swept under the rug. so, you know, get red ady for a rough ride. it's a necessary rough ride because our country is in so much trouble right now and people have got to be awakened. >> man, oh man. dr. carson, great to see you, sir. >> you, too, megyn. when we come back, a special message for the class of 2016. >> as you leave this place, be
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or ibs-d - a condition that can be really frustrating. talk to your doctor about viberzi. a different way to treat ibs-d. viberzi is a prescription medication you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. so you stay ahead of your symptoms. viberzi can cause new or worsening abdominal pain. do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, long-lasting or severe constipation, or a blockage of your bowel or gallbladder. if you are taking viberzi, you should not take medicines that cause constipation. the most common side effects of viberzi include constipation, nausea, and abdominal pain. stay ahead of ibs-d... with viberzi. this is your daughter. and she just got this. ooh boy. but, you've got hum. so you can set this. and if she drives like this, you can tell her to drive more like this. because you'll get this. you can even set boundaries for so if she should be here, but instead goes here, here, or here. you'll know. so don't worry, mom.
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so last thursday and friday i wasn't here because i was out of town up visiting my mom and 100-year-old nana. thank you. before giving the commencement speech at my alma mater, albany law school. i was honored to bt keynote speaker at such a terrific and inspiring event. you know, i've been writing this book, "settle for more," which you can preorder wherever books are sold and i have realized in the process that albany law was really the place i found my mojo. you know, it was the firsts place i realized i was actually good at something. and speaking of this year's graduates, i wanted them to know the value of hard work, of adversity, and of settling for more. i graduated from law school 21
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years ago, i'm amazed -- i've been amazed to see how so many are not inclined, they're not inclined to do the hard work it takes to succeed. you got to work. you got to work. my advice to you is to say yes to everything. no job is beneath you. no reasonable job. your job is to make other people's jobs easier when you're coming up the ranks. now once you've established yourself and built up some good will, you'll have more power to make good life choices. competition feels like a dirty word in some circles today, right? you know how it is, everyone wins, everyone gets a trophy, everyone makes the team, everyone plays even if they stink. this makes some sense at the grade school level when we're trying not to crush their little spirits but in real life, come on. too much time watching the up and comers or down the hallers is energy you have wasted. it's energy you could have been
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putting back into yourself. every time you find yourself starting to focus on your fellow associates and what assignments they are getting and you are not, you remind yourself of how damaging that is to you. all of that energy that you feel worrying about someone else, what they're doing, either in your professional or your personal life, you channel that back into yourself. channel it all back into yourself. i never lined up outside of my boss' office whether i was an associate at the law firms or in television asking for opportunity. i stayed in my own office and busted my tail and opportunity came to any. what can you do better? that's the question. how can you get better? if you're not on the partner's radar, you get yourself on there. don't succeed by hoping others fail. work harder. do better. settle for more. that's how you win. congratulations. give them hell.
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congratulations to the class 2016 aross this country. my mom's motto, lack of on your part does not justify an emergency on my part. for those asking, nana is doing great. thanks, good night. tonight -- >> people are in love with what we're saying. i think we're going to do very well. >> donald trump surging in few polls and in a dead heat with hillary clinton. plus, after chaos in nevada things in the democratic party are getting downright ugly. >> she has a real civil war. >> newt gingrich is here tonight with analysis. plus, trump's v.p. search is on. who should he pick? we'll ask laura ingraham tonight. and not guilty. one of the officers in the freddie gray case is acquitted of all charges. geraldo rivera and mark fuhrman will weigh in. "hannity" starts right here right now. welcome to "hannity," and tonight, brand new polls show momentum is building for