tv Fox News Night FOX News December 5, 2017 12:00am-1:00am PST
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constitutional, only that the justices will allow it to be enforced while the lower court challenges are still being fought. even the white house acknowledges that battle ahead, quoting "the proclamation is lawful and essential to protecting our homeland. we look forward to presenting a fuller defense of the proclamation as the pending cases work their way through the courts." opponents are vowing to fight on, with the aclu sang "president trump's anti-muslim prejudice is no secret. it's unfortunate that the full band can move forward now. we continue to stand for freedom, equality, and for those who are unfairly being separated from their loved ones." as evidence to bolster its claims of the president is motivated by anti-muslim bias, the aclu will point to some controversial videos the president recently retweeted. the videos themselves are anti-muslim essay critics and reposted by an anti-muslim group in the u.k. the white house as the president was only trying to point out the
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threat from islamic extremist israel. two cases aren't making their way through the lower courts. both have oral arguments this week and the supreme court is pushing for them to rule very quickly. we should note justices ginsburg and justice sotomayor are the only two who opposed the allowing travel ban to move forward. >> shannon: we will keep tabs on it. thank you. tonight we are learning that fbi agent peter strzok, high-ranking member of robert mueller steam was taken out the case because of texting antitrust messages and was behind at least three turning points in key investigations. strzok reportedly help persuade james comey to forgo prosecution of hillary clinton over her use of numerous private email servers for classified material. according to published reports, strzok was one of a dozen fbi officials about the solutions that an unverified anti-trump
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tessier that was bankrolled by the clinton campaign and the dnc and which the fbi may have used it to launch a counterintelligence probe against comp advisors. and fox news has confirmed that strzok oversaw the questioning of former national security advisor michael flynn that led to his guilty plea last week. ed henry, chief national correspondent explains what this means and an increasingly skeptical congress. >> the mainstream media has been shaking its head at president trump for lashing out at the fbi over the weekend but the more we learn about this very senior fbi official, the more questions are being raised about whether the president is right on target about there being a double standard between how he and hillary clinton have been treated by the fbi. new tonight: it's been revealed that before james comey cleared clinton during the summer of 2016 in her email probe, the lead agent in that investigation, peter strzok, change that draft language in
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comey's statement. shifting it from the fbi director saying it was "grossly negligent" which hinted at potential crimes to the much more lenient "extremely careless" about clinton's handling of the email server. it turns out peter strzok had been sending his girlfriend, another fbi official, text messages that were pro-clinton and extreme the anti-trump. leading special counsel robert mueller to pull strzok from the russia probe because of bias concerns. the other key piece of information that we learned tonight is that the anti-trump strzok helped conduct the fbi interview retired general mike flynn months after strzok led the fbi interview of hillary clinton that was widely seen as being too gentle. >> hillary clinton lied many times to the fbi and nothing happened to her. flynn lied and they destroyed his life. >> people have the right to assume people investigating them our objective they have not already made up their minds.
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that's why we need to see the texts and we need to interview the special agent. the bureau has had a really bad last 18 months. this makes it worse, frankly. >> trey gowdy says there's not a need for a second special counsel to investigate clinton because they trump justice department should be able to be all over this. meanwhile, devin nunes is also pressing to see whether officials from the fbi and justice department you to face contempt of congress charges for not revealing all of this sooner. >> shannon: i understand is also a new report suggesting that the president may have known in january that michael flynn had lied to the fbi, so what is the significance? >> the president's legal team is pushing back and scoffing at the idea that robert mueller is building a case for obstruction of justice after cnn reported today from one and a source that white house counsel don mcgann pulled the president in january that michael flynn had not only lied to vice president mike pence but is contact
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with the russian investor but also misled the fbi. i spoke tonight with ty cobb, a key lawyer, said the president is going to end up being exonerated, declaring "i don't know who's putting this out there. it's not fair to the special counsel and contrary to the interests of justice to be talking about it." the significance is the president said in february he fired flynn because of what was said to pence. but if the president knew that flynn committed a crime, it would raise questions about the president's intent when he allegedly asked comey to let the matter go. this weekend the president again denied comey's account, tweeting "i never asked comey to stop investigating flynn. just more fake news covering another comey lie." democrats are insisting it could lead to obstruction charges. >> i think what we are be in the end the -- what we are beginning to see is the putting together of a case of obstruction of justice. >> it would cause a
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constitutional crisis i hope robert mueller doesn't do that. senator feinstein doesn't know what she's talking about. when she says obstruction of justice to do what a president is completely authorized to do under the constitution. >> trey gowdy told bret baier he thinks the president's critics for claim inclusion are shifting their argument to obstruction. >> shannon: ed henry with the latest. thank you. the big about-face for the roy moore campaign tonight. the alabama senate candidate accused of having inappropriate social contact with teenagers decades ago. fox news is confirming with a senior official that the republican national committee, the rnc, is once again pumping resources into alabama in support of moore. a big shift from their position in november when they pulled out of a joint fund-raising agreement. president trump has come out with his clearest endorsement of moore yet, who has denied all of the sexual harassment
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allegations against him. the president tweeted: "democrats refusal to give even one vote for massive tax cuts is why we need republican roy moore to win in alabama. we need his vote on stopping crime, illegal immigration, border wall, military, pro life, v.a., judges 2nd amendment and more. no to jones, a pelosi/schumer puppet!" also tonight come another woman is sharing what she calls evidence of a relationship with moore when she was 17 and he was 34. debbie gibson says she found a high school graduation card he e said he gave her decades ago. >> i have known roy moore for many years and i met him in 1991. we dated for a brief time. we kissed with my consent. and i'm very sad he has decided to say he doesn't know me. >> shannon: the alabama special election is one week from tomorrow. is the president to with
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mitt romney. romney may run for utah senator orrin hatch's seat. >> we hopefully you will continue to serve your state and your country in the senate for a very long time to come. >> shannon: also today, romney getting back at the president's endorsement of alabama senate candidate roy moore, tweeting "roy moore in the u.s. senate would be a stain on the g.o.p. and on the nation. victims are courageous heroes. no votes, no majorities worth losing our honor, our integrity." lawmakers have a jam-packed week and a potentially disastrous deadline looming on friday for tax reform to the threat of a government shutdown. top democrats are ratcheting up the fight over so-called dreamers, young illegal immigrants whose status will be in limbo, while topper republicans are saying if the democrats try to leverage that issue and we wind up with a shutdown, they say blame the democrats.
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>> i playing games and threatening to shut down the government unless our democratic colleagues get what they want when they want, and engaging instruments to shut down the government, they are only hurting their own cause and the individuals they claim to be protecting. >> shannon: it could be a wild week. chris starr rock, fox news politics editor joins us to talk about it. good to see you. this is looming on friday, in the meantime we understand has invited chuck schumer and nancy pelosi back to a meeting on capitol hill. last time, they didn't show up because they said he wasn't legit. >> his tweet was too unkind. >> shannon: will they show up this time? will they make nice? >> there leverage grows as they get closer to the end of year because republicans are happy they got the tax cut and sometimes increase through the senate with 51 votes using
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budget reconciliation. they don't have that for the stuff they have to pass at the end of the year. they need eight democrats in order to not have fiscal calamity and disaster and credit breach and all that. this is where democrats are going to try to assert the authority. the only problem is if you push it too hard and you are seen as taking too many hostages or doing that stuff endangering the economic health of the country, then it shifts. right now the democrats are sort of padding their way down the path. how far can they go? >> shannon: this is what we have. here's a joint statement from schumer and pelosi saying "we hope the president will go into this meeting with an open mind rather than deciding that any agreement can't be reached beforehand. they add, we must come together on a bipartisan deal to pass the dream act along with tough border security measures. it seemed like the daca dream
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act situation is going to be a potential ranch in the let's make nice. >> 's trump placated by the senate passing these tax cuts. as the president now feel more room, less tense about his legislative agenda and becomes willing to cut a deal at the end of the year. what used to be the easy stuff in washington, finish your homework at the end of year, make sure everything is done, everything is now impossible because everything is broken. as a consequence, during these basic things require a lot of dealmaking and a lot of agonizing. is the president ready to let this be finished and let them cut a deal or does he want to fight? >> shannon: the same day we get word the meeting is going to happen, he also tweets about the alabama race: "putting pelosi/schumer liberal puppet jones into office in alabama would hurt our great republican agenda of low on taxes, tough on crime, strong on military and borders and so much more. he starts off this tweet calling
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them liberal puppets or he would be a liberal puppet doesn't sound good. >> puppet jones was the starting halfback for alabama. the situation in alabama, the republicans have taken the money away from roy moore. we're not going to help roy moore because of moral outrage. and then a few weeks later, they say maybe he will won. when they took the money away, they thought he was going to lose her now that it looks like you might win, they are putting a money back in because they want to try to claim credit for the victory and all of this stuff, they want roy moore to play nice. it's a wonder to me, anymore than anybody as a member of either of these two political parties, given all of the absolute ridiculousness that you get to see on a daily basis. >> shannon: for some people thought this was ridiculous from nancy pelosi. here's what she said. >> the debate on health care is
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death. this is armageddon, give took corporate america of a trillion and a half dollars paid for by the growth it creates an even their own people say nonsense. not true. >> shannon: end of the world and armageddon. >> i think as a nation we are all, standing behind her, here we go again. one of the reasons the democrats are struggling on messaging, if every change that the budget or tax code means people die, it loses all meaning. all of this hyperbole. it's verbal inflation that ends up with worthless currency and that's where the democrats are. >> shannon: friday is coming. >> they will fake it for two weeks, try to find it.
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and then roll it up into a ball and stick it to the taxpayers and stick it to everybody. that's the christmas present we get every year in washington. >> shannon: they say they want to go home for christmas. >> don't we all. >> shannon: now that the trump administration can fully enforce the travel ban think strict tonight supreme court ruling, we're going to hear from a guest wants additional steps to keep suspected terrorists out of the homeland. and yet another democrat gets caught up in the harassment scandal plaguing the nation's capital. details straight ahead. check this out. didn't go down without a fight. we're going to show you exactly what happened next.
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still on the white house elevating tonight as the supreme court upholds the administration's right to enforce travel ban 3.0. while the legal challenges play out. the aclu and others say they will continue to fight to stop the travel ban involving eight nations, six of them majority muslim, on the other side the administrations also under pressure from critics who say it's not doing enough.
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and that additional steps need to be taken to prevent terrorists from getting into this country. christopher farrell joins us, director of investigations. judicial watch. i want to read a couple reactions. cair, there national litigation director says "this ignores the human consequences to american citizens and their families abroad imposed by president trump's muslim man, their words. the slu has to say president trump's prejudice is no secret. he confirmed it, including just last week on twitter." >> the president has virtually unlimited power as to matters the country. it's that simple. that was the question before the supreme court. the court decided correctly. they didn't manufacture some new standard. they read with the law said, and
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he has that authority. it's remarkable, cut and dry. i'm pleased the court did not go far beyond their bounds or start in vending new tests that are there. >> shannon: how about some avid courts the decided this is unconstitutional and couldn't be enforced. >> there is a agenda, political ideologues want to advance their position. you can find a judge, you can figure out a way to get something in front somebody who's going to be making a decision in your favor. ultimately it's up to the supreme court to decide. >> shannon: justice ginsburg and justice sotomayor said they would not have taken the action and we need to wait for the case to get there on the merits. lower courts will hear it this week. could be decided before the end of the term in june. the white house that they weren't surprised by this decision and they believe they will won. stick i tend to agree with them. has to be ripe. have a has to get to the point
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where the supreme court will review it. i think you come back to the same fundamental question, does that present have the authority to decide who comes in and out of the country and the answer is yes. >> shannon: i when asked to us about the building offered up by representative -- it's going to have penalties for local and state lawmakers who allow their localities and municipalities to become sanctuary states. it would actually include jail time for them to five years in prison, fines of up to a million dollars. if they obstruct federal immigration authority efforts. do they get goes anywhere? >> no, it will not go anywhere. i get where he's coming from. i get the sort of sentiment. our intention, frustration. it's a byproduct of the horrible decision that was made i think with respect to the kate steinle murder. it's sort of like a legislative acting out. it can survive as law.
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there are sufficient laws on the books right now to hold public officials accountable. >> shannon: does anyone ever get prosecutor to put away for fusing to comply with the feds because opponents of this whole idea will say you can't for states, localities to do the fed's job. you can't force them to cooperate. >> we had a victory and san francisco in that regard. pressed to saint municipalities can't prohibit officers from comedic integrated in san francisco, local police officers can speak with every other law enforcement agency, the whole alphabet soup of initials. except i.c.e. >> shannon: for a lot of people, that doesn't pass the common sense test. we know the court, federal court recently struck down the adventures in the gym to funding for centricity's. i'm sure that will have a lengthy and winding road through
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the appellate process. christopher farrell, always good to see. check this out. want to show initially live pictures of a massive fire. this is just north of los angeles. we're going to get pictures in. this is in ventura county. 500 homes have been evacuated. no injuries reported by the fire is driven by strong winds. approximately 20 to 30 miles an hour. this area hasn't burned apparently and 20 to 30 years but it turning towards the city of santa paula. firefighters mounted an aggressive attack. they have ordered three additional strike teams with more resources to come. the pictures tell the story. we will keep updated as we learn more. check this out. there it goes. the detroit lions stadium demolition is finally a success. this is one of those second times a charm for the pontiac silverdome. on monday, the silverdome's upper level was finally brought down. this happened after thousands of onlookers gathered on sunday but they actually left disappointed because the explosion failed to bring down the second level.
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now it's all gone. the lines played at the silverdome in detroit from 1975 through 2001. top congressional democrat nancy pelosi responded tonight to the latest allegations of sexual harassment and her party. john conyers has a big announcement tomorrow. we're going to tell you what we are hearing about what he may say. and the white house says is putting a public back in public land. we will investigate the peril and promise of today's big move on national monuments in utah. >> some people think the natural resources of utah should be controlled by a small handful of very distant bureaucrats. located in washington. and guess what. they are wrong. [lance] monica, it is absolute chaos out here! gale force winds, accumulations up to 8 inches...
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>> shannon: breaking tonight: the attorney representing john conyers says an announcement will be made tomorrow morning about his future. the longtime lawmaker was hospitalized late last week for a stress related illness following multiple allegations of sexual misconduct while in office. house minority leader nancy pelosi is called for his resignation but supporters today said not so fast. we have more on the story in other cases on capitol hill. >> supporters of john conyers say they want to process for their man, in a way equating the constitutional guarantees of criminal procedure sustained in congress as they began the what about it defense. >> why is john conyers the only individual the denied process. we're going to race this unlawful guillotine.
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we must begin with the president of the united states. >> his lawyer tweeted the same sentiment. "i will be wrapping up my discussions with congressman conyers shortly. the last phase of our discussions are focusing on whether he can receive due process in the current climate of false allegations leveled against him. decision coming soon." although the constitution is clear that expulsion from congress doesn't require due process, article one, section 5, each house may determine the rus of its proceedings, punish its members for disorderly behavior and with two-thirds, expel a member. congress hasn't started expulsion proceedings against any members accused of sexual misconduct despite the minority leader saying both conyers and another democrat should resign. conyers' lawyer promises an
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announcement tomorrow. this comes as the support for rep prickle retroactive disclosure of payoffs. 70 house members have signed up to cosponsor legislation disclosing the use of taxpayer money to settle misconduct allegations and possibly require members to pay the money back. disgraced republicans says he's going to pay back money used to settle sexual harassment claim in 2014. a new kentucky lawsuit alleges the house speaker there used donor money to sell a harassment complaint and that's not the only development on the state level. if we were to provide a conference a list of those allegations, we might be talking into the early morning hours. >> shannon: it continues to pile up. leland vittert, thank you.
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with us now to discuss the latest in the sexual-harassment scandal, "washington times" open an editor and fox news contributor charles hurt and political reporter rachael bade. good to have you with us. we are hearing more about the women seven forward, feeling like they are facing an enormous backlash. there's been discussion about that the fact that there are comments about this is why don't hire women, that kind of thing. >> i think that's especially true on capitol hill were a lot of women feel if they come forward and tell their story, they are going to be blackballed and not able to work in politics anymore. i spoke to the woman who accused lakes here and hold of sexual harassment .14 and she basically said it's been three years. she is still not able to find full-time employment. she had to leave d.c. because people told her she's not going to be hired again even though she had been there for five years on the hill.
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she's trying to make more money by babysitting on the side and temporary work. his had to rely on her family to help support her. one would think with the me too a movement, people would be able to speak freely and not have this happen to them anymore. however, i have spoken with lawyers who work with some of these women and they've said what happens when the media stops talking about this. are they going to be blackballed again? the lawyer predicted they very well could be. >> shannon: there are a lot of people who, they don't like that of the productions, the spotlight the southern ockham they're going to really hesitate and think twice about these cases. there are still those who are worried this is going to spawn some false claims because women will see how powerful men are being endangered. in the private sector, we see them going quickly. charlie rose and lawyer -- matt lauer. >> the byproduct, isn't that
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what is so pernicious about it to begin with? people don't get to enjoy the due process. that's why all of it is so disgusting, so despicable. you see it on both sides. it's not a political issue, not a partisan issue. and it's just nasty, grubby people being nasty and grubby. >> shannon: we are going to hear from john conyers tomorrow. apparently some decision about his future. as we wait for that come in the meantime, we are hearing from roy moore who's got new issues to deal with today. here is what he said today on american family radio. >> what they have done to me is not only unforgivable. it's just pure hatred and pure spite and pure evil and wrong,
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and they have made up stuff that i would never even consider doing. they've been successful. >> shannon: how well do think that plays in alabama? will he win? >> i think republicans in washington are seeing the writing on the wall in this. i think we could go, they were very much trying to undercut him and distanced themselves, stopped funding to him. and now we are seeing the polls, even though it hurt them for a while, they are starting to come back in favor of roy moore and that's why you so mitch mcconnell, the majority leader in the senate, do a 180 on this a couple weeks ago. he said roy moore should step aside. this weekend he said something about how the alabama voters are going to be the ones to decide his fate which is a totally different tone. so i think republicans think roy moore could come to town and they are trying to make friendly, friendly or with him. >> shannon: the rnc is back in.
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>> i think the important thing here is that as much as anything, this is a story about the degree to which the national media and washington establishment has completely lost credibility in entire segments of the country. nowhere more so than in a place like alabama where he can make this case. i said from the beginning i think he is guilty of the stuff and i think he ought to be carted off. but it's up to the alabama voters. i don't blame a single good alabama voter who looks a business and i don't believe "the washington post." i don't believe any of these people. i believe the establishment is out to get him and i'm going to vote for him anyway. >> shannon: we will know a week from tomorrow. thank you for your time. how public is public land? present trump makes the announcement in utah. no surprise not everyone is happy.
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>> shannon: president trump was in utah promising to shrink the size of two national monuments. environmentalists are not thrilled. boyd matheson says the conversation is not over. welcome. the president has had these are too big. they need to be shrunken little bit. it was not received well. i want to read you something
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patagonia, the president basically said in an illegal move the president just reduced the size of bears years and grand staircase national monuments. they said they're going to go ahead an end sue over this. >> the interesting thing is this is some wealthy environmentalists and we really feel in the state of utah that a wealthy man's playground should never come at the expense of a working person's family. their lives and livelihoods. there is precedent for this over the years. the presidents from both political parties have abused the antiquities act. it is supposed to use the smallest area possible to protect the antiquity or the sacred spot. millions of acres this hardly the proper use of the antiquities act. it was a good day for utah. the president listen to the little guy, the people who live in these rural counties. overly been hurt by this would be hurt by these kinds of big
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swabs of national monuments. >> shannon: explain how that works because i'd really understand it until i heard from some of these people about what it meant to them, their tax base from their livelihood when this land is taken out of potential use. >> many people east of utah don't really understand what public lands mean. two-thirds of the land in utah is controlled by the federal government. you can't tax it, can't develop it. that's a real problem especially gives rural counties commits hard for them to fund education. there's a lot of uncertainty with these big lands. grazing goes down. ranchers and farmers are hurt. the local navajo tribes are hurt because they are not able to access these lands which they use not only for there would deed their homes and gathering herbs and berries and doing their spiritual traditions they are on the mountain. it's an important day. this was critical. we got involved in this whole process because those voices weren't being heard. the big patagonia's of the world were loud, well-funded. the president listen, just as he
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did during the campaign, to their forgotten men and women, especially in these rural counties. >> shannon: we are going to watch as patagonia and others are planning legal action. a lot of it will depend on the judges in the court it gets assigned to and we will see how far up the change it goes. the president takes steps that are unpopular, they almost meanly end up in court. thank you very much. coming up, this marine corps will hear landmark case tomorrow. we've got -- the supreme court will hear land ..ll hear land afi sure had a lot on my mind. my 30-year marriage... ...my 3-month old business... plus...what if this happened again?
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.. >> shannon: the supreme court will hear landmark case tomorrow pitting the rights of religious business owners against the rights. we have a interview today with the gay couple at the center of the dispute and the baker. >> religious freedom is essential and that's why it's protected. you can't practice your faith in a way that denigrates others or excludes them from public life. >> on tuesday the supreme court will work to find a balance between banning determination on the basis of sexual orientation and the first amendment prohibition on the government's ability to force anyone to
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endorse a specific viewpoint. the case enters on colorado baker jack phillips who says he will serve anyone who enters his bakery but will not craft specific items for events or messages he finds in conflict with his christian faith. >> i serve everybody that comes in. gay, straight, muslim, atheist, catholic. i don't create cakes for every event presented. >> shannon: they visited the shop before same-sex marriage was legal. they asked him to design a wedding cake for their reception held in colorado after their marriage in massachusetts. phillips declined but offered to sell them ready-made items in the bakery. >> it's embarrassing to say but i cried. we teared up. it was a very painful and emotional moment for us. >> if you like the moment made us feel helpless. >> cragg and mullins filed
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charges of discoloration and when phillips lost he was ordered to begin making wedding cakes for same-sex couples underreport the government about any business he turned away. both sides have unwittingly become spokespersons for their opposing positions, each believing they will ultimately triumph at the supreme court. >> shannon: in order to stand up trouble, phillips stopped offering wedding cakes for anyone. hope that's temporary. he said it was 40% of his business. the justices will have a decision by the end of the term in june. artwork by suspected terrorists being celebrated and defended on a college campus. hear from students themselves next.
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not like someone killing three people. speak to that interviewer is our next guest you want talking to a new exhibit at new york's john jay college, which is featuring art created by guantanamo bay prisoners. the media director is here. were you surprised by anything you heard? my understanding is that john jay college of criminal justice or something like that, right? >> i was shocked but sadly i was not surprised. give or not we have seen around the country, students these days, above all else come up of criminal justice, they are taught that they can't offend any pony. they have to be tolerant. that tolerance means you can't condemn radical terrorists. these are not your run-of-the-mill criminals. one of these men's man was usaa bin laden's personal bodyguard. another one was accused of funneling millions of dollars to al qaeda. yet, they are concerned with not seeming intolerant that they
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won't stand up to say, no, at a certain point, you can give a platform to people like terrorists. lets your member, is a public school. there is taxpayer money that is helping promote the work of these horrible men. >> shannon: they stand accused, some of them have never gone to trial, and they are sitting there, but the pentagon is asking questions saying, they consider this to be government property. they want to know how this was funded. they are also asking where the money is going. i understand some of it is for sale. it was all that in mind? you talk to a faculty member about that and i was surprised about what she had to say. >> i know it's difficult, as someone from new york, to embrace art from anyone that i might have harmed new york, but at the same time, i think new york also needs to let it g go. >> shannon: let what go? >> i think this just shows that a lot of college students, they were not old enough to remember when 9/11 happened.
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that puts extra importance and pressure on professors and administrators to teach students about the history of 9/11 and why it's so important to remain vigilant in fighting back against terrorism. actions like this, it's a revisionist form of history being taught, and it's desensitizing students to the importance of standing firm against radical islamic terror in the name of political correctness. this faculty member, very proud to point out, the number one point of john jay college she said was tolerance. not criminal justice, not education, it was tolerance. when it comes at the price of ignoring real threats that face our country, it's a real danger indeed. >> shannon: i don't know what you do with the degree of a b.s. it seems like a lot of kids are doing that this year. always good to see you. keep us updated on what you are working on. >> absolutely. >> shannon: we are very thankful you joined us tonight. most-watched, most trusted, and most grateful you spent the evening with us. our next news is live at 4:00 a.m. you don't want to miss that. we keep you updated around the clock.
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good night from washington. in the meantime, i am shannon bream. ♪ >> another win for the administration the supreme court ruling in favor of the president's travel ban which prohibits people from six majority muslim nations. >> we are closer to delivering to the american people the historic facts relief as a giant present for christmas. >> got to get america an attractive place to do business. >> this is armageddon. >> we need to see the tax and interview the special agent. the bureau had a bad steed 18 months. >> 2017 person of the year finalist, the kneeler
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