tv Happening Now FOX News December 13, 2016 10:00am-11:01am PST
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click on the overtime tab, click on that and we will be back on television tomorrow for the tv version of us at noon eastern. for now, happening now. we start with a fox news alert. the bulls are running wall street and taking your 401(k) with them. >> dow within 20 points of that mark. we are covering the news happening now. the russians aren't our friends, we ought to approach all these issues on the assumption that the russians do not wish us well. >> a showdown brewing as congressional republicans join democrats pressing for a probe of russia's meddling in the rrñ and accident investigators9 release audio transcripts from el faro'sa7final vouj@l+ the9'÷gsq"ld
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sought to run the energy department.g ^&h(lc% the two time presidential candidate was a harsh critic of mr. trump and the energy:á9rç department. wh transpiredá=&ñ this morning. rex tillerson is certainly the news oftp q the day, and his selection to be secretary of state followed by a tweet for the president-elect saying the dfñ÷rtillerson is that he has v experience dealing successfully withg it is one of those foreign governments, russia, that will be most scrutinized at senate confirmation hearings. went in an hour ago. cu appearance ahead of
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the two of them came+++6 something we are not headlining with, that's some tweets from donald trump that are not getting as much attention. nina, this is from overnight. he was mentioning his businesses and handing them off to his sons without very many specifics, but also saying he is going to be delaying this expected news conference. he said i will hold a news conference to discuss business, cabinet picks and all other
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topics of interest, busy times! what do you make of decision to move the news conference. i want to point to viewers, it is typical that president-elects speak to the press and hold news conferences shortly after they have been elected. what do you think of all this? >> jenna, just as this president-elect meeting with kanye west, for example, we're seeing a different kind of president who is determined to write his own rules. first of all, when it comes to his business operations no, there isn't a law that forces him to divest, put it in a blind trust, but typically presidents do that to protect the integrity of the office. so we have seen him writing his own rules on that, saying he is going to turn the operations over to his two sons. secondly, that he is not having this press conference which would open him to scrutiny from the media. we are time and time going going to see this president by passing
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media scrutiny and going to the public with what he wants to say, raises alarms with critics but his supporters seem to love it. >> point out you're seeing ray lewis, jim brown, some big athlete names that are in trump tower. bill gates is inside, the meeting is continuing. we're going to listen in from the control room, see if there's any news here. ed, i am curious, newt gingrich said the media will chase a rabbit. might as well give them rabbit to chase. i wonder if that's what's going on with these names. >> with ray lewis and others showing up at trump tower? >> big names not connected to anything particularly of substance now, and donald trump is not answering questions directly from the press. he is coming to the press like to sit town with chris wallace sunday, we have the tweets, but don't have an open news conference where anything can be asked. >> 139 days since the last news
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conference. during the campaign he accused hillary clinton of dodging the press for hundreds of days, he has now done it himself. it would be helpful to have an exchange to talk about a lot of things, including business interest. there's no law saying a president can't have business interests and keep them in office, but there are constitutional respects about the possibility of him engrossing yourself to foreign entities, given reach of the trump organization from are concerns about that. that's a lot of where this is rooted in, the idea that he may end up being in violation of the constitution as president by profiting from foreign entities who are either paying his company or using his hotels, all sorts of interpretations and all sorts of lawyers across the country preparing potential lawsuits if it isn't sorted out by inauguration day to challenge the constitutionality of his business holdings. it is something he has to sort out. one might think perhaps the delay is because he hasn't entirely unschooled the web that
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is his business empire and that's fine if he needs a few more days to sort it out, but certainly all of us journalists can appreciate the fact he should be taking questions directly from reporters a little more often. >> do you agree with that? >> absolutely. but again this is a president who ran his campaign in this way, very much using twitter. he loves to tweet that it is like the "the new york times" and the debt, that's how he communicated. he is going to continue to communicate like that and it is going to be difficult time for the press to ask tough questions. >> president obama when he was first elected in 2008 held a press conference almost immediately after he was elected and over the course of several weeks as he announced cabinet picks held mini press conferences where he would answer questions from the press. wanted to give the viewers context on that. i would like to pull from your
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reporting the last several days, some of the frame of support you see in republican circles in washington, d.c. because of some of the cabinet picks. talk to viewers a little about what you discovered. >> remember now in the senate all you need is majority of the senate to confirm a cabinet pick to serve in office, no longer the filibuster that was there before. republicans control 52 seats. more than 3 or 4 raise doubts about a pick, there's a possibly that nominee doesn't get confirmed. so far when it comes to rex tillerson, secretary of state pick, there are four republican senators that express public concern about his business background, whether he has proper diplomatic experience and whether his close professional and personal relationship with vladimir putin and russia generally is a bridge too far given the geopolitical nature of the world. john mccain, lindsey graham, marco rubio, james lang ford, jeff flake, that's five there that expressed public concern
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and hope they want to learn more. not that they said no, but that signals. mitch mckonl did as well yesterday, there might be more skepticism than there would be for other republican picks. generally senators that will confirm the nominees are pretty pleased who trump put forward, but some members of congress i can tell you, haven't seen this level of public skepticism and concern with any other pick than tillerson. >> and great reporting as always on that. nina, we heard in the last 24 hours there's dissension but not too much of an issue. what's your read as more names are added to that list and more concerns are brought up and again no news conference from the president-elect talking more directly to the press about this and the public. >> i think ed is right to raise rex tillerson. tillerson i come from the world of fortune 500 ceos and magazines and conferences and i
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know he is a well respected ceo of exxonmobile. somebody that's run the company well. he is very well respected. he has concerns on climate change, supports a carbon tax. that said, choosing rex tillerson and rejecting somebody like mitt romney who thinks of russia as a real threat and to choose tillerson who doesn't believe in sanctions on on moscow after crimea. doesn't see him as a threat, sees him as somebody we can work with, make deals with. it's a different world view. we're entering a very different age in a relationship with russia when you look at both the president-elect's views, when you look at what russia did during the election in terms of
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hacking into democratic e-mails and putting them out there, conclusions about what the impact in the election was and of course congressional investigations coming out of that. we're entering into a very different phase in our relationship with a country that's been aggressive in the last couple years and whether you're talking crimea, ukraine, syria, and has been aggressive in it's tax on democratic institutions. it is something to be wary of. >> something we're going to be talking about. should point out, heard from rex tillerson, ceo. haven't yet heard from rex tillerson as potential secretary of state. that will be interesting to hear from him directly. ed and nina, great to have you both. thank you very much. leyland? speaking of russia, vladimir putin saying he is ready to meet with president-elect trump any time and supports better relations between the two countries.
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this comes after a showdown over how russia may be brewing between mr. trump and the gop controlled congress. senate intelligence committee getting ready to launch a bipartisan investigation into cia assessments that russia interfered with the u.s. election. lot of questions on that. meanwhile, a congressman saying the cia report conflicts with intelligence testimony last month. chief intelligence correspondent catherine herridge. >> reporter: the director of national intelligence that oversees the intelligence community is not on the same page as the cia. this comes to understanding the hackers' in tentd and nuance. fox is told the election hacks are lumped into one bucket when they were separate, discrete events from democratic party to clinton campaign e-mails released by wikileaks to probing of state board of elections over
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data. the probing attacks on the state boards dropped off. nine days after the election, clapper confirmed with congressional testimony adding not the same lev about russia's hand in the clinton campaign e-mails. >> as far as the wikileaks connection, the evidence there is not as strong and we don't have good insight into the sequencing of the releases or when that at a time a may have been provided. >> yesterday tension between capitol hill and the intelligence community ramped up sending this letter to james clapper. it asked whether the intelligence community's position on russian involvement and attempt to favor the election results in favor of trump changed his november testimony or whether the leaks are politically motivated and
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tomorrow, i'm gonna step out with my favorite girl. ask your heart doctor about entresto®. and help make the gift of tomorrow possible. happening now. san francisco is taking another step in defines of federal immigration law. the sanctuary city may soon be using taxpayer money to hire lawyers for illegal residents. claudia cohen from san francisco with more. >> reporter: hi. doubling down on sanctuary status considering a plan to hire more lawyers to defend illegal immigrants facing deportation, including those who committed other crimes in this country. at a recent rally in front of city hall, dozens of former detainees said lack of access to an immigration lawyer turned
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their lives upside down and they're worried about president-elect donald trump's promise to deport millions of illegal immigrants. county supervisor argues everyone deserves the same access to public resources and depends this use of tax dollars. >> we're going to invest the resources needed to make sure the 44,000 undocumented people that live in this city and county of san francisco have at a minimum legal representation if they're taken into immigration court. >> reporter: critics say moves like this continue to layout the welcome mat for illegal immigrants. >> two administrations encouragement to illegal immigrants. what we need to send is a message of discouragement to reduce the flow to our border. that will make securing the border easier. >> reporter: in the wake of the election, other so-called sanctuary cities, including new york and chicago looking to set
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aside millions of dollars, 5 million in san francisco to hire lawyers to fight deportations. but eventually city officials may have to consider which city programs have to go because president-elect trump also vowed to cut federal funding for sanctuary cities, and here in san francisco that could total over a billion dollars. back to you. >> lot of money. see if san francisco puts their money where their mouth is. one of the most devastating stories we covered in the last several years. investigators releasing details about the cargo ship el faro, including the audio transcript from the black box. what they tell us about the final hours before going down in that massive hurricane with 33 crew members on board. and the mother of a 15-year-old murder suspect on trial. why prosecutors are charging her. our legal panel weighs in next. for lower back pain sufferers,
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a fox news alert and a story we followed closely happening now. federal investigators released 500 pages of an audio recording recovered from el faro, the cargo ship that sunk in the awful hurricane. in the transcripts, crew members urged the captain to change course. as we all know, he did not do that. all 33, including the captain, perished in the disaster. phil keating is live in miami with more on what we are learning. >> reporter: remember, hurricane joaquin was a powerful category 3 hurricane barreling through the eastern bahamas when inside the el faro bridge, a growing and haunting sense of doom. second mate telling the captain this ship can't handle this hurricane and another crew member saying i'm gone, i'm a
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goner. all 33 crew members were lost that day as the 700 foot ship sank to the bottom of the atlantic. 15,000 feet down to the ocean floor. the national transportation safety board revealing many details, summarizing a transcript of the last 26 hours of audio recorded on the bridge. >> 7:29 a.m., second mate explained there were containers in the water and the captain gave the command to ring the abandon ship alarm which was then heard on the recording. about 7:31:00 a.m., the captain relayed over the radio to put life rafts in the water. the audio recording ended about 7:40 a.m. with the captain and one of the helms men still present on the bridge. >> investigators say the voice recorder data shows the ship's captain michael davidson may have been basing his decision to
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sail through the storm based on six hour old weather information and twice rejected suggestions by his crew on the bridge to alter course. the ntsb estimates the ship was likely 22 miles from the eye of the hurricane at 4:00 a.m. and had lost propulsion, was lifting 15 degrees, engines weren't working, basically a sitting and floating duck in heaving 30 foot waves. what the ntsb hasn't released is the investigators' analysis of what caused this and conclusion of probable cause. that will come at a later date. remember, the entire ship sunk and all 33 members of that crew which was mostly based in jacksonville, florida, all died that day. jenna. >> frightening just to hear about it. thank you. a mother on trial now charged in connection with the murder of this 12-year-old boy. we will take you through the
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story. police say her 15-year-old son beat the boy to death. this is the alleged murderer. now his mother is on trial, charged with child abuse resulting in death for essentially not keeping a close eye on her son, she knew they were breaking into and vandalizing homes and that her son had a violent history and was not getting treatment. join us now, lis wiehl and head prosecutor and trial attorney. obviously this is a tragedy in every sense of the word. we staunderstand the young man d insanity, the judge doesn't know if he can be tried, now they're trying to charge his mother. is this the prosecution trying to make a name for itself? >> i think it is too far for the prosecution. as a prosecutor myself, making decision about when a parent is
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responsible for negligent conduct. here's the issue. typical criminal law deal with purposeful conduct where they know a crime will be committed. here it is negligence, you have to prove substantial, unjustifiable risk she knew her son would commit the murder itself. i think it will be very hard to prove to 12 people beyond a reasonable doubt. >> lis, she knew her son had a violent history. charged with battery. he was in a special needs school because he was so violent and out of control. >> right. >> vandalize homes. this young man, alex madrid is dead. doesn't his mother have some responsibility to control her son? >> that's the question. it is an uphill battle for the prosecution. the real question is whether or not he accepted responsibility for the victim, this 12-year-old boy. i think the prosecution may well be able to argue that she did. coming over to play, she was on the premise, he was a younger
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boy, 12. her son was 15. she was around this boy, older boy all the time. they were vandalizing the properties. she was letting the younger boy go out with the son all the time, she knew about the son's violent history, knew he was out there all the time. she knew about the boy's history, she knew he was doing this, she knew the boy was out there, she accepted responsibility for the younger boy, the victim who ended up dead. that's what the prosecution is going to argue. they may convince a jury. >> what if the defense did it. >> the defense will say where was the responsibility of the mother allowing the 12-year-old to be with a 15-year-old. >> you can't put it on the mother of the victim. don't even know if she's alive or where she is. >> add some more things, if the school knew, if law enforcement knew -- >> law enforcement clearly knew about the guy that was a violent kid. >> and they did nothing which they can do to ensure that person is not a danger to
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themselves or other people. he was not in protective services. that's an argument the defense will make. they'll say the mother could not, this is a legal issue, not a moral issue. >> one adult who is right there every day, day in, day out is this mother, the mother who has been charged, the mother of the child. >> you have seen it back in 2014, 2012, same type of case. >> goes back years, exactly. >> we feel bad for mom but the bottom line for a criminal law case or prosecutor to prove to 12 people beyond a reasonable doubt, was there substantial, unjustifiable risk the mother knew this was going to be the result of the interaction between the two kids, very hard burden for the prosecution. >> the standard is only did she accept responsibility for the victim. and i would argue as prosecutor yes, she did because she knew about her son going back for years and she accepted responsibility for this young boy going out with her son and eventually ending up dead. as we pointed out, in 2014, in
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2012 there have been similar cases where mothers have been charged with exactly this kind of thing. >> under new mexico law, mere negligence is not enough for a crime. you have to prove the person had a substantial and unjustifiable risk, in other words close to knew or should have known that this would have happened. i think it is hard for them to prove. >> i can imagine this will continue in a courtroom in new mexico for awhile. we will follow it as it happens. thanks, guys. president-elect trump rounding out his cabinet with several well known republicans. we will talk with our next guess about reaction from gop leaders and whether it is uniting the party. what does president obama think of the president-elect's assessment of daily intelligence briefings. we have reaction from the white house. >> these are very good people giving me the briefings. if something should change from this point, immediately call me, i am available on one minute's notice. i don't have to be told, i'm
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jenna. the intent of briefings is to provide on-going basis of information for the president of the united states with the idea the president has all of the information they need to make decisions when the time arrives. the practical way they're delivered changes by each president, the style, type of information they receive, the way it is delivered, who it is shared with. presidential briefing style that george w. bush received is different than that of president obama. and president obama commenting on these daily briefings and what he receives from the daily intelligence services says it is vital information. >> if you're not getting their perspective, their detailed perspective, then you are flying blind. >> reporter: the president acknowledged intelligence services are not perfect but also says it doesn't matter how smart you are, you have to make the best information possible to make the best decision possible.
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there's a long history of this, involved the presidential briefings. central intelligence agency says briefings began in 1946 as a much less normal intelligence summary provided to harry truman. in 1961, john f. kennedy asked for more concise summary on key issues. and providing a checklist, small enough to fit in the president's jacket pocket. president johnson ordered update in 1964, first to call it the president's daily brief. and in 2004, they created office of director of national intelligence. it now oversees these daily briefings. the style has also changed in how specifically it is delivered. it is not printed any more according to the cia. president obama saying he and his national security aides wanted to receive them on his tablet. now it is e-mailed electronically. in the end, it is up to the president, the president's style, how that person wants to receive that information. back to you.
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>> interesting list. thank you. and speaking of president-elect trump, he is getting close to filling up his c cabinet in waiting. many are standard conservative picks, lawmakers, former governors and retired generals. mr. trump announcing today he has chosen exxon ceo rex tillerson as secretary of state, a bit of an unusual pick. sources telling fox news that rick perry was tapped to run the energy department he once wanted to end. joining us now, steve hayes, got a new job of his own, editor in chief of weekly standard, fox news contributor as well. congratulations. we will get to your new post and senate confirmation hearings in a couple of minutes. before that, how much of the pictu pick board of his cabinet is a nod to conservatives, how much is traditional renegade donald trump? >> i think it is actually a mix
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and a pretty smart mix at that. i think you can look at some of the picks like rick perry who you just mentioned, james mattis, like mike pompeo at the cia, those are the kind of picks you expect from any republican president-elect. some of the others donald trump has reached outside the box, some of his picks on the economy, certainly pick for secretary of state in mr. tillerson, but i think it is generally been pleasantly surprising to conservatives, including conservatives who haven't supported donald trump. >> how much of this as you look back at the picture board can donald trump claim he is fulfilling that promise to drain the swamp. a lot are billionaires around a long time, big business names, bunch of goldman, sachs guys, retired generals, again people with a lot of experience, rick perry running energy department, two term governor. it isn't a group of wild outsiders.
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>> no, but a lot of them have outsider credentials you might not have expected. in terms of draining the swamp, the "the new york times" and others have been critical for not draining the swamp with some of the picks but they're mostly focused on the fact that a lot of the people are wealthy. i don't think that's the swamp donald trump was talking about. if he had come and populated his cabinet with all k street lobbyist types, that would be a more accurate criticism. i think it is important to note somebody like rex tillerson that comes from outside of the traditional political world might fit donald trump's definition for draining the swamp but also raises serious questions. you're likely to have questions raised not only by democrats but also some republicans. we already heard some republicans like marco rubio and others raising questions about tillerson and why he was considered a friend of vladimir putin, a friend to russia. those questions should continue. i think tillerson should be required to provide answers to those questions. >> you talk about answers, and
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the answers would come in confirmation hearings. talking to a source close to the transition today, they were talking about being worried about exactly how the tillerson confirmation is going to go in the sense that now that donald trump put the name out there, saying this is my secretary of state nominee, this could get bloody if senators like marco rubio say by the way, we want to see every exxon document that related to a conversation you had with anybody in russia. >> they should be making those kinds of demands quite honestly. and there are real questions, no question that democrats have hyped a lot of questions about russia for partisan political advantage, that doesn't mean there are serious questions. there are serious questions with respect to donald trump and his embrace of vladimir putin, his lack of skepticism on russia's geopolitical inclinations generally and some of the picks he has had. we should ask those questions. it is important again not just
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for democrats but for republicans, particularly republicans that have been skeptical of russia and vladimir putin to this point. it is not just the case that because donald trump has chosen to embrace putin and sought to make him an ally that we should ignore the things that vladimir putin has done. he has done some troubling things the past several years. that should be exactly what the senate confirmation process is about. >> already seen senator mccain, graham, rubio bringing it up. steve hayes v, i think your confirmation hearing will be easier. >> i am not sure. thanks. find yourself awake in the middle of the night, waking too early? we will talk to dr. winters next.
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sleep depriepd. a recent "the wall street journal" article got our attention about chronic insomnia and applies to a lot of us. in it the article says 30% of american adults have symptoms of insomnia each year. 10% have chronic insomnia, t defined as difficulty sleeping three times a week for three months or more. our next guest isn't thrilled with the article completely. he is a newer obviously gist and sleep medicine doctor, the right person to talk to about this. i am curious, do the numbers jive with what you see on a regular basis, dr. winter, that frankly a lot of us have insomnia, real insomnia? >> absolutely. i think at some point in our lives we're all going to be touched by it some point or another. i think numbers are spot on. >> this is a tough time, we're all not sleeping enough. what do you think is the number one mistake when it comes to
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getting good sleep? >> i think a lot of it has to do with schedule. a lot of people are trying to get more sleep than what their bodies need. i think the article touches on light as an important topic. if somebody has difficulty sleeping, turning on a television or tablet and having that light shining in your face can sometimes work against your ability to fall back asleep later in the evening or in the morning. >> one of the things the article suggests, we have been joking about it in teases, viewers have likely heard it, you should watch television in an uncomfortable chair or standing up. what the article is suggesting, a lot of us are so tired, sit down to watch television, fall asleep and can't get back to sleep. and i have to tell you this happens to me almost on a daily basis. >> very common. >> should i be watching television standing up? is that practical? is that a good solution. >> or facilitate a situation where the television is hooked
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to a treadmill, so you have to be moving for the television to work. i think it makes sense. i think that a lot of people struggle because when they fall asleep in the evening, they can sometimes sleep for a long period of time, then when it is time to go to bed, that sleep period has interfered with their drive to sleep. almost like snacking interfering with your ability to eat a good dinner. >> that hits home as we are watching video of people sleeping silently. you actually suggest some gear. you're not endorsing these by brand, but you have some glasses you would like to show us. please share why you think these are helpful. >> you think about light, you think of light in terms of having it work for you. if you're sitting there in the evening and it is dark outside and kind of dark in the living room, adding light can help you stay awake until your bedtime,
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so there are all kinds of interesting gear. this is interesting. it is shining a blue, green light back into your eyes as you sit there and watch the television show at night, which should help you wake up and trick your brain into thinking the sun is up. >> that's to keep you awake. do you sit on the couch with your wife and wear those glasses? >> absolutely. i have trouble staying awake, i do not wear the glasses, but i am not a morning person. these are great if you have trouble waking in the morning. if you wake up at 5:00 in the morning, not supposed to be up until 6:00, want to read a book, missed reading the security briefing from yesterday on your tablet, you can actually put on the opposite. these are blue blocker glasses. what they're designed to do is block blue green light from your tablet or television screen that's working to make you stay awake. added benefit, you look like
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bono. this is the opposite. if you have to read at night, probably best to use an indirect light like a book light, turn it on, so you read at night, you're not looking at an led light shining in your face. you're getting indirect light. for the most part if you struggle to get back to sleep, don't undervalue the benefit of resting. probably does 70% of what sleep does, for physically maybe 100% for what it does, relaxing and medicine dating in thereing andy beneficial. >> i'm sleep deprived, 100%. dr. winter advises a lot of professional athletes. he has a book coming out in the new year we can't wait. the glasses are a good idea.
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tell low, everyone. i'm melissa francis. president-elect trump and the transition team in a dispute about information. what they want and the state department is not giving them. are traders making money off of trump's tweets? and can you? we'll explain that one to you. what does governor mike huckabee have to say about trump's pick for secretary of state. we'll ask you in just a few
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minutes. an app that could change everything about your social life. it lets you leash about a person's identity with just one picture. >> russia and their computer scientists have been in the news a lot, but another story has a lot of people truly excited and others concerned about privacy and the encroachment. it is a face recognition app that surpassed all others, even beating out google last year. it was launched earlier this year by two young russian men. here is how it works. snap a picture of someone you like on the street or the bus, and the app will find the person with 70% accuracy in under a
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second. if they have an account on vk, the russian version of facebook, but all sorts of companies are looking at what else they could do. it makes it faster and more user friendly than anyone else out there. of course people are saying this is a massive invasion of privacy. here is what a founder had to say. >> if you have something you want to hide, from face recognition, maybe it's not the problem of facial recognition, maybe it's your problem -- >> this dating aspect is really just a hook to bring people into and think about the other potential uses for this very noveltology. >> thank you, amy. what happens when a lion and
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a video of a lion coming faes to face with a baby dressed as a lion cub. >> a fitting name and costume. america's news headquarters starts now. >> this is a fox news alert, the trump administration is starting to take shape as the president-elect formally announces his pick for secretary of state. a busy day under way at trump tower. big names coming and going all day long including two very familiar faces. rapper and super star kanye west, and microsoft founder bill gates. john roberts is covering all of
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