tv Shepard Smith Reporting FOX News December 12, 2018 12:00pm-1:00pm PST
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it's part of to snow ball express put on by the gary senise foundation. >> it's all about letting the kids know they're loved and appreciations. >> the snow ball express provided a free five-day trip for spouses of fallen military members. thanks for joining us. i'm dana perino. here's shep. >> shepard: it's 3:00 in new york city. president trump's former fixer and lawyer is headed to prison. the feds say michael cohen admitted crimes at the direction of the president when he was a candidate. special counsel robert mueller says cohen gave him useful information on russia-related matters. we'll talk to judge andrew napolitano says. and plus, new surveillance video of a missing mom from colorado. and new questions about her fiance.
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now his lawyer is responding. our reporting begins now. >> shepard: our reporting begins with a punishment fit for a fixer. the president's former lawyer is going to prison. a judge today sentenced michael cohen to three years behind bars for crimes including campaign finance violations that prosecutors say came at the direction of candidate donald trump. cohen's crimes also include lying to congress and tax evasion. cohen said he showed blind loyalty to the president, but also said he takes full responsibility for his actions. prosecutors seiko when made illegal hush money payments to the porn star stormy daniels and karen mcdougal to protect president trump during his campaign. the two women said they had affairs with the president, she denies. last month, michael cohen pleaded guilty to lying to congress with plans about a
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trump tower in moscow. the project never happened. the president calls cohen weak and said he lied to get a reduced prison sentence. cohen did get one year less than he could have received under the federal guidelines. at today's sentencing, a special prosecutor said cohen provided "consistent and credible information about core russia-related issues under investigation." cohen's lawyers asked for no prison time. they say he suffered enough. observers say he appeared remorseful in court as one might expect. he said since the day he chose to work for donald trump, he's been living in his own personal and mental incarceration. physical incarceration begins in march. rick leventhal is live at the courthouse where he witnessed the proceedings. >> shepard, the courtroom was packed with observers including
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media and attorneys and three dozen of his family and friends. his voice broke a couple times in the almost ten minutes when he spoke to the court. he arrived with his wife and son an daughter using a crutch there were many tears shed by the family after the court was adjusted. his lawyer asked for leniencying saying he offered evidence against the most powerful person in the country calling cohen a man of integrity. he said in regard to donald trump, blind loyalty to this man led me to choose darkness over light and said time and again i felt it necessary to cover up for his dirty deeds rather than listen to my own moral compass. at the end, shep, his victory broke when he said he knew he let his family down. his goal now is to become the best version of himself. shepard? >> shepard: rick, prosecutors
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had two different views of his level of cooperation. >> yeah, attorneys with the special counsel's office say cohen provided credible information. the first time he lied to them as well about his and donald trump's involvement in the possible trump tower in moscow deal. attorneys say from the second meeting moving forward and there were five more of them, cohen sought to tell the truth, specifying what he knows and doesn't know. there was the u.s. attorney's office which was handling the charges of tax evasion and bank fraud and said cohen did not provide substantial assistance and showing a pattern of deception and greed and brazenness and he eroded the electoral process and compromised the rule of law. cohen will voluntarily turn himself in, shep, march 6 and he could spend less than the three years that he was sentenced to if he cooperates further with any on going investigations.
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>> shepard: still waiting for a response from the president himself on the cohen sentencing. he ignored questions at the white house ten minutes ago. yesterday the president said the hush money were not a campaign contribution. the feds disagree. a document filed saying the president ordered michael cohen to buy silence of two women. the payments were more than the contributions limits and were not reported as contributions is a felony. translates, he paid a porn star and a playmate not to tell their stories in an effort to influence the election. less than an hour after the sentence, prosecutors announced that they reached an agreement with the parent company of the national inquirer not to prosecute its people. that company, ami paid for the story of karen mcdougal who said she had an affair with donald trump before he was president.
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he paid $150,000 to own the story and never reported it. cash and kill. here's the important part and the reason for the nonprosecution agreement. ami admits that made that payment in concert with the candidate's presidential campaign and that the women did not publish information before the election. they admitted their principle purpose was to suppress the women's story so as to prevent it from influencing the election. so michael cohen implicates and the publishers of the national inquirer implicates. john roberts? >> shepard: that ami confession would appear to buttress the case against michael cohen than president trump. you never know. it's something that they could hold in the future. no reaction from the president
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yet on the sentencing of michael cohen. he's held an opportunity in the roosevelt room. he was asked about it, there was no reaction. he let his thoughts be known about the campaign finance violations in an interview with reuters. the president said number 1, it wasn't a campaign contribution. if it were, it's only civil. to add a fourth tranche to it, michael cohen is a lawyer. he's supposed to know what to do. that's what you rely on people for. that's what you pay lawyers for. the president no longer paying michael cohen, but he is paying rudy guliani. i talked to him. he told me the sentencing hearing shows why the president thinks this is a witch hunt. cohen said he did this out of blind loyalty to the president. he said he didn't tape it but he did and leaked it to the media.
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that stands in contrast that he was blindly loyal to the president. he faulted the special office of the counsel for not pointing out the contradictions. guliani played down any implication that the president is guilty of a campaign financial allegations. he said they were legal because they were paid out of the president's own pocket. senator lindsey graham played down the fall oout. >> any time former lawyer of yours goes to jail it's probably not a good day. i didn't see any evidence coming from mr. cohen of collusion. that's what started the mueller investigation to be ge win. michael cohen says he tells the truth over the years. add the appropriate time after mr. mueller completes his investigation, i look forward to
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assisting mike m to state publicly all he knows about mr. trump and that includes any appropriate congressional committee interested in the search for the group and the difference between facts and lies. mr. trump's lies cannot contradict facts. >> shepard: john roberts reporting live. let's go to the judge now, judge andrew napolitano. two separate things. first, michael cohen, what have we learned? >> we learned that the federal prosecutors here in new york city, not bob mueller and his team in washington d.c., career prosecutors have evidence that the president of the united states committed a felony by ordering and paying michael cohen to break the law. how do we know that? they told that to a federal judge. under the rules, they can't tell that to a federal judge unless they have the evidence. under the rules they can't tell that to a federal judge inless they intend to do something with that evidence. the u.s. attorney in manhattan, donald trump appointee taking a page from jeff sessions book
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recused himself, leaving this case in the hands of the full time career professional prosecutors. they're the ones that prosecuted michael cohen, told the federal judge that donald trump orchestrated these unlawful payments. they're the ones that made the agreement with ami, the parent company of the national inquirer which ties a bow on all of this, which connects the dots between the payments to the two women that alleged to claim they had intimate relationships with the president. the line running through that is the president himself. >> shepard: prosecutors have told us through these filings that they have evidence that the president committed a felony. >> the felony is paying michael cohen to commit a felony. it's pretty basic. somebody hires you -- a hires b to shoot someone. a is as liable as b if they commit the crime. you're liable, criminally liable
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for the commission of that crime. that's what the prosecutors told the federal judge. >> shepard: they've not announced whether there was criminal intent on the president's part, which would be required for prosecution. >> yes. we don't know what they know. it's interesting, shep. they have announced that they have this evidence. they have announced the existence of the evidence. they haven't revealed the substance of it. michael cohen is not somebody that the feds will put on the witness stand. when he gives them this evidence, they most corroborate it through other people or through documents or through wires or through e-mails or the way lawyers corroborate information that comes out of the mouth of someone. so we don't know if they have evidence of intent. under the law, a person is presumed the consequences of their behavior. you pay a lawyer to commit a crime, you intend he will commit it. >> shepard: so you're saying the president has committed a felony? >> i'm saying the prosecutors
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have said it. this was the most damning and novel information that came out last friday and it was all packaged today at michael cohen's sentencing when at the end of it the people that prosecuted him, announced the settlement with ami. >> shepard: that's an old settlement. >> we didn't know about it till today. that's the last piece of the puzzle in all of this. the admission by ami that the whole purpose for doing this is to influence the outcome of the election. that makes it a campaign expenditure, the failure to report which is a felony. >> shepard: what now? >> it's in the hands of two prosecutors offices that don't always agree. bob mueller's office, the independent counsel in d.c. who thought that michael cohen should skate with no jail time -- >> shepard: it's two didn't things. >> correct.
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and bob kasummi in new york city who is the one who has this evidence. the other interesting thing that came out last friday is, the president is being investigated by prosecutors other than bob mueller? yes. who are they? federal prosecutors here in new york city. what do they have? they have all the president's records. they raided michael cohen's office last april. >> shepard: if you're the president's lawyers, how are you taking this? >> you're taking it with great gravity. the president said he's been exonerated. i've got to believe he's saying that for political purposes. no rationale person could con true this as an exoneration. >> he's in the cross hairs now of two prosecutors, federal prosecutors office in his own department of justice. bob mueller in washington d.c. and the federal prosecutors in the southern district of northern here in manhattan. >> shepard: and we haven't heard any russia stuff. >> well, the russia stuff did
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come out in some of the things that michael cohen said. the president denied communications with russians. they said that michael cohen and the president were negotiating through michael cohen with vladimir putin during the republican primary season. is that a crime that negotiation? no. but it's profoundly contrairy t the president's representations and puts the president in the vicinity communicating with a foreign power in order to obtain something of value, permission to build a hotel. >> thanks, judge. >> you're welcome. >> shepard: how would you like it if your colleagues got together and had a secret vote about whether you should keep your job? essentially that's what's happening right now in great
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we're waiting for results in a no confidence vote on prime minister may. it could push her out as prime minister and that could cause more chaos nor the brexit deal. prime minister may says she will fight for her job with everything she has. >> i will contest that vote with everything i got delivering the brexit people voted for, building a country that works for everyone. i have devoted myself to these tasks ever since i became prime minister and i stand ready to finish the job. >> shepard: lawmakers say they're frustrated how she handled the split with the u.k. union. analysts say if it happens without a deal in place, it could have global effects, especially on the economy. greg palkot reporting live from london. >> hi, shep. theresa may's political life is on the line right now as is her
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plans to have britain exit the european union or brexit as it's called. parliament could have cast their secret ballot. this follows a vote postponed on may's compromise brexit deal, which nobody seemed to like, especially hard liners thought it was too close to the european union even after they left. >> a change in leadership in the conservative party will put our country at risk. a new leader wouldn't be in place by january 21's legal deadline. a leadership election hands the vote to the opposition mps in parliament. >> many will say she will have enough votes to stay in office. but like polling in the states, anything could happen.
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she also has a sweetener reportedly as promise that she will serve her remainedner office a couple more years. where does this leave the plan to get out of the european union? she might have more clout if she wins. she might be appealing to european union leaders to sweeten it up. if she loses, as we say in new york, forget about it. new prime minister, new plan, march 29 deadline, possible cold falling out of the european union. let us watch. back to you. >> shepard: thanks, greg. live from london. a famous british bookie is no longer accepting bets on whether prime minister may or go. a spokesman for the bookies say they have suspended betting because they're 100% certain that she will win. the news continues next. i'd like to take a moment to address my fellow veterans, because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran
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making progress on trade. gerri willis reporting live from the new york stock exchange. >> that's right. a good day for traders. 263 points higher on the dow. the s&p up 26. the nasdaq up 2%. what is going on? you mentioned the brexit vote. big betting down here and across the country that theresa may will keep her job, that brexit, whatever happens to the negotiations will continue. that there be stability in leadership and you know how much markets like that. so breath of relief there. sigh of relief on that, shep. >> shepard: and china trade talks, that's helpful as well? >> positive trading news. we're hearing that china will eat their made in china 2025 and open up their markets. that's good for u.s. companies. also a major purchase and trump announced this on reuters of
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u.s. soy beans. that's good news to farmers and finally trump earlier today saying he would intervene in the top huawei executive if that would help in a trade deal. they said we want stabilities in these markets and understand what's going on. i have to tell you, if theresa may keeps her job and she may well may, that will be good news. we could go higher. >> shepard: gerri willis reporting live from the new york stock exchange. a big man hunt underway in france for a guy police say shot up the christmas market. the attack killed two people, left one brain dead and injured a dozen others. now a french prosecutor says the shooter or the shooting was an act of terror. it happened in strasbourg near the border with germany. witnesses say the suspect
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shouted the arabic words "god is great" as he fired. the 29-year-old, a french citizen with a long rap sheet convicted of two dozen crimes. investigators say they already have their eyes on him for his extremist views. they searched his home in the city an arrested five people. hundreds of police officers and soldiers are still searching for the suspect himself. on the run. trace gallagher reporting live. >> shep, the investigators say the 29-year-old used a handgun and a knife and escaped in a taxi cab. the taxi driver said that he killed ten people and shot at soldier. police say no soldiers were targeted. authorities believe he was radicalized during his numerous prison terms in france, germany and switzerland. the french government placed him on a terrorist list and he was
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under surveillance. just hours before the attack near strasbourg's christmas market, they raided his home but he wasn't there. it remains unclear if he tried to flee the country but france has raised the terror alert lift and has checkpoints at crossings. many have said that france staged the attack is outrageous. shep? >> shepard: yeah. this could affect the protests. >> with terror back in the headlines, the anti-government protest could lose momentum and some opposition leaders are calling on the yellow vests to cancel the upcoming protests altogether. saying a truce is in order to both respect the memory of the shooting victims and because
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police are mobilized trying to track down the subject. on social media, many vowed to continue. because the terror alert level has been raised, the french government has the power to ban protests but that would only work if the people cooperate. as of late, that has not happened to bring this full circle, there's no motive for the shooting itself and no word on whether the christmas market was the intended target. the same market was the focus of an al-quaida plot in 2000. shep? >> shepard: trace gallagher reporting live. lots of news as we're now at the bottom of the hour, including reporting from capitol hill where lawmakers are trying to reach a deal to keep parts of the government from shutting down. and the cia director telling house leaders what she knows about the killing of the saudi columnist, jamal khaishoggi. and cops release a new clue in the search for a missing mom in colorado. live reporting from denver.
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welcome to hope. i have my friends, and they can't take that away from me. hell yeah. woo! >> shepard: police in colorado releasing surveillance video from the day a missing mom disappeared nearly three weeks ago. cameras in a safeway caught kelsey berreth entering the store with her daughter thanksgiving day. later that day she vanished, this is in woodland park. alicia acuna reporting live from denver. >> police say that video is the last known public sighting of kelsey berreth. remember, investigators say the father of her child and fiance, patrick frazee, claims he was the last to see her in person when they exchanged custody of their 1-year-old daughter that afternoon. on monday, woodland park police held a news conference with
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kelsey's mother. multiple family members were invited to attend. >> i understand that's patrick was invited today. why is he not here? >> a question you'd have to ask him. >> is he being cooperative? >> yes, at this time. yes. >> a criminal defense attorney in colorado springs now speaking on behalf of frazee says that his client's cooperation includes voluntarily releasing his phone and providing a mouth swap sample saying mr. frazee was first notified of the press conference an hour or two prior to the commencement. mr. frazee hopes and prays for berreth's return. police posted about the news conference on facebook and followed up the next day with details about three hours prior to the start. frazee's attorney said they knew there would be a news conference but wasn't given details until an hour ahead of time. kelsey is a flight instructor at doss aviation. the company received a text from
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her phone saying she would not be -- that she would be out for the week. that same day, frazee said he received a text, content unknown. investigators say kelseyist phone pinged 700 miles away in idaho. her employer saying they hope for her mediate save return. police have not named any suspects. >> shepard: alicia acuna result. and fox news sources tell us that lawmakers have made a bipartisan agreement on new legislation reforming sexual harassment procedures on capitol hill. this deal would make members of the house and the senate personally liable for sexual harassment claims and retaliation. no longer would taxpayers have to foot the bill. our senior producer on capitol hill says it's the biggest overhaul on sexual harassment policy since 1995. it also makes it easier to file claims of sexual harassment and anybody making a claim is
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granted access to counsel. it could move through the house and the senate by tomorrow. the director of the cia briefing lawmakers on capitol hill about the murder of "the washington post" column up, jamal khaishoggi. this is after lawmakers considered two bills that would punish saudi arabia. intelligence officials concluded the saudi crown prince ordered khaishoggi's death. mike pompeo and james mattis are set to brief the entire house of representatives tomorrow. last month they backed the white house's claim that they didn't have direct reporting connecting the saudi prince to the murder. after the briefing with the cia director last week, the republican senator lindsey graham said you'd have to be willfully blind to believe the crown prince was not involved. peter doocy has more. >> shep, house leaders were nor tight lipped than the senate leaders were about the intelligence they saw, but they all arrived at the same
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conclusion, that the u.s. saudi relationship should be retooled. >> we need to have an assessment of our relationship with saudi arabia. we'll see what comes out of these hearings. clearly what happened to mr. khaishoggi is a tragic and makes our job a little more difficult. >> top officials in the trump administration are arriving at different conclusions about the intel. the secretary of state mike pompeo says new evidence could still pop up. >> they're still working on this. this is a still a developing set of facts. the intelligence community is working on it. the direct evidence isn't yet available. may show up tomorrow, may have showed up overnight and i haven't seen it. >> and right now on the floor of the senate, a bipartisan push to send saudi arabia a signal,
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probably a strongly-worded resolution and something interesting about this vote, the majority of the senate, who almost votes against things that he brings to the floor is telling people to vote against it. mitch mcconnell said this is the backdrop for the date. the senate has to act with prudence and decision but this is nor prudent or precise. i don't believe the united states is involved in combat. the language in this resolution very specifically condemns saudi arabia's role in yemen, civil war. mitch mcconnell wants something different to be supported. it's just not clear if anything else has the votes, shep. >> shepard: peter doocy live on capitol hill. lawmakers are trying to cut a deal to keep the government from shutting down days before christmas. yesterday president trump and democratic leaders went head-to-head on this matter in the oval office.
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the white house tried to get border wall funding added to the spending bill. mike emanuel reporting live on capitol hill. >> good afternoon, shep. a republican on senate appropriations says president trump is willing to allow a partial government shut down. >> looks to me like he's serious as four heart attacks and a stroke. he's not bluffing. if i were playing poker with him and i didn't have the cards, i'd fold. he's not bluffing. on the other hand, even if he makes concessions, mrs. pelosi won't budge. she wants to be speaker. >> after watching the show down between president trump and the speaker, president trump and nancy pelosi, one key democrat says the president is not used to having a fight on his hands. >> the lesson for the president was, he's not used to having people pushing back. he used to having folks in the oval office that are staff tell him exactly what he wants to
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hear. he has too many yes men and women in oval office. >> i'm willing to negotiate a certain amount of money if we can make sure that the 800,000 to 1 million daca eligible individuals in this country get a pathway to citizenship. i think their lives are worth that. >> republicans should step up in support of the president. >> let's stand firm and get it done. i do think nancy pelosi is wrong. i think there are the votes in the house, house republicans to pass the $5 billion for the wall. we should do it. >> i spoke with sources on both sides and so far nobody has a way out of this show down, mike. >> shepard: mike emanuel on capitol hill where our reporting team has said the votes don't exist. we're expecting the vote on prime minister theresa may
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gems. >> shepard: we're waiting for the result of britain's vote in the prime minister's fate. the vote will determine if theresa may will keep her job. rich edson reporting live. >> the vote determines who the europeans will deal with when it comes to this process of the british leaving the european union. that process known as brexit. tomorrow, theresa may is expected to brief governments in a meeting that they're holding on what is going on in the u.k. when it comes to this brexit process on her side. the european counsel said given the seriousness of the situation
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in the u.k., let me start with brexit. the intention is that we listen to the u.k. prime minister's assessment and meet with the 27 e.u. member states to discuss the matter. if may loses, it could take weeks to choose a new prime minister. that's the pitch she's making to parliament. this prolongs this deal and makes brexit much longer. that's why she's making the pitch to stay prime minister. and according to angela merkel, they're preparing for an eventuality that brexit will not be orderly because of all that is going on in the u.k. as for the us's perspective, the u.s. has been know -- negotiating agreements.
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makes it easier to deal with the new rules of the road as they're written and on an independent or non-e.u. british government. on top of that, you have the secretary of state, mike pompeo, who is saying that the u.s. stands behind the british even if they felly leave that e.u. structure. shep? >> shepard: things, shep. president trump says he would get involved in u.s. efforts to extradite a chinese tech executive if it helped him with the trade deal with china. officials in canada released the cfo of huawei on bail yesterday. u.s. intelligence agencies have called the company a u.s. risk because the chinese could could be spying. blake burman has more. >> you have two different lines of the administration. one and they say this is in the department of the lane of justice. the doj says they're overseeing
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the case of mention wanzhou. she was detained at the behest of authorities. in an interview with reuters, the president said -- >> this morning on fox and friends, they say they have to believe foreign policy and trade. >> we have to take it into consideration. it's totally appropriate to do so. >> earlier this year democrats and republicans took issue with the president entintervening wi
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xte. wilbur ross was asked out here on the north lawn if we're likely to see a repeat in this case. he said the zte was a personal favor from trump to xi and that was not precedent-setting. >> shepard: blake burman reporting live from the white house. we're waiting the results of the vote that could change the leadership of a crucial ally. theresa may facing uprising for members of her own party after a deal to end the e.u. that's next. wasn't my top priority. until i held her. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours for powerful a1c reduction. tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar,
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>> shepard: well, we're expecting the results at any moment on the british parliament vote. if lawmakers vote to keep her in power, nobody could challenge her for the job for another year. analysts say that would weaken her politically. if she's out, her party would have to pick a new leader months before the u.k. leaves the european union. let's bring in heather conley. she from the center from strategic and international studies. good to see you. >> great to be here. >> shepard: all the reporting is
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she will have the confidence votes she will survive, right? >> yeah, i feel as soon as i say this, we'll have the breaking news but looks like she will survive it. it's a question of how many of her fellow conservative party members voted against her. if it's a high number in the 120, 130 votes against, she will be significantly weakened. if she survives, she will have a full 12 months before anything can challenge her leadership again. >> shepard: what happens with brexit then? >> this is a 24-hour sort of diversion. back to the fact that theresa may doesn't have a majority to get her deal through. so she goes back to brussels. she was there yesterday. she's hoping to get some sort of a side agreement, a legal agreement on this famous back-stop question, which is about negotiating the border between northern ireland and the
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republic of ireland. the e.u. won't negotiate on this point. it's unclear where we go from here. there's really not a clear path that has a majority in the house of commons, whether it's to imagine a hard brexit a new agreement, a different type of agreement. they don't have a path forward. >> shepard: if they don't come up with any agreement, there's no deal and then what? >> well, this is where the uncertainty is just going to continue to grow, this is where global leaders are going to start taking some notice. this could really be -- if we see a disorderly, hard brexit where the preparations aren't there and the u.k. crashes out of the e.u. on march 29, we could see an impact to the global economy. that will affect the american economy where we have a very close trade relationship with the u.k. throws europe into uncertainty. so we all need to make sure that these two parties, the e.u. and
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the u.k. manage this responsibly and there's no impact on u.s. jobs or any negative impact on the u.s. economy. >> shepard: there's separate concerns that are all related regarding the hard border or the potential for a hard border in ireland. >> you're right. this really -- why this border is so important, it's because it was the most important factor or one of the most important factor in the 1998 good friday peace accord, which is what brought peace to north ireland. the european union and ireland were members of the european union and they had no border. that will end when the u.k. leaves the e.u. so they don't want to return back to a hard border because they don't want violence or conflict. but that means that northern ireland and the u.k. have to stay in perfect regulatory alignment and customs alignment with the e.u. to prevent that hard border from happening.
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that is where the most hardened members of the conservative party that want the u.k. for a decisive departure from the e.u., think feel -- they feel they stay in the e.u. and cannot withdraw. so this will be the sticking issue. there are no easy answers. as i said, the house only commons doesn't have a majority to get the deal through. >> shepard: we just got word from the house of commons they're on the screen now. they're waiting until the top of the hour. they're very big on promptness. so at 9:00 -- >> drum roll. >> shepard: so at 9:00 london time, they'll tell us what just happened. i don't know. what do you expect we're about to learn? >> i think she will -- it will pass. the big consolation that she gave her party, she won't run again in the 2022 election. she won't run again for election.
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that was the bonus she threw to hopefully get this favorable vote. >> shepard: okay. we're coming up on the top of the hour. "your world" with neil cavuto. let's listen to what they're saying now. >> the results of the ballot held this evening is that the parliamentary party does have confidence. [cheers & applause] >> neil: welcome. we want to continue to listen to this. th
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