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tv   Shepard Smith Reporting  FOX News  December 28, 2018 12:00pm-1:00pm PST

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left it all for charities for children. thanks for joining us. meanwhile, leland vittert in the first step. >> president trump threatening to shut down the border if he doesn't get money for the wall. we will look at where things stand as a partial government shutdown heads into the second week. also another challenge for lawmakers next week, figuring out who is who among dozens of new members of congress. our capitol hill guru is showing how he keeps track this hour. store mack breaking news at 3:00 in new york city and at noon on the west coast. i'm leland vittert. news conference going on right now in modesto, california, and there are introductory remarks right now going on where the
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manhunt for a suspected cop killer is over. investigators as you can see are set to hold a news conference with updates any minute. they will let us know -- i had with that, we are going to bring in the news conference. >> in pursuit of justice, gustavo perez arriaga, 33 years old, was arrested earlier today during the execution of a search warrant. he was found at a residence in the bakersfield kern county area and we will get into the specifics of that. first, i want to introduce officer ron singh's brother, reggie. he would like to share some comments with all of you. >> please bear with me. this is not easy for me. he was my older brother.
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and yes, he is not coming back. but, there are lots of people out there that miss him. and a lot of law enforcement people that i don't know, who worked days and nights to make this happen, i would like to thank you from the bottom of my heart for making this happen. i wish i could thank all the law enforcement agencies, homeland security in san francisco, everyone. i was waiting for this to happen, and i would like to thank you for working day and night to make this happen. thank you. >> on behalf of the newman police department and the city of newman, we are extremely grateful for all the help and support that we have received
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over the past few days. without our brothers in law enforcement and sisters in law enforcement, this never would have happened. we don't have the resources to make this happen. without even a blink of an eye, they came to our aid and they were able to catch the suspect and bring him into custody. this is new for our department. i know what it was shared yesterday that this hasn't happened in the city of newman, and history of the police department. many people have gone above and beyond to help us out. we've had overwhelming support from the community. emails, phone calls, text messages. we haven't returned all of them and you have to bear with us. we will try to get back to everybody but it will take some time. but thank you all for everything you did. the team that took him into
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custody in kern county, we greatly appreciate what you did for us. stanislaus county sheriff's department tirelessly working and keeping us updated throughout the night. we will always be in your debt. thank you very much. >> so let's talk a little bit about the investigation and where it will go from here, then i will open it up to questions. obviously i shared with you yesterday that we were going to relentlessly pursue this criminal. i told you that we would spare no expense and that every resource available to us would be brought to bear. that doesn't happen without relationships. that doesn't happen without partnerships. and so, while i will probably miss some of them, i will hit the highlights. our federal law enforcement partners, dhs, i.c.e., the fbi,
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u.s. customs and border protection, all of them came to our aid. task forces, you name it, i had it available at our disposal. our state and local law enforcement partners yesterday, when we knew that our suspect was in kern county, one phone call to sheriff donna youngblood. he told me sheriff, whatever you need because, that's how sheriff's role. we work together to pursue justice for crime victims. in this case, for officer singh. his teams rolled out. we have these locations, even though i told you that there were multiple investigative leads and locations that we've been working on. all those rolled out, and we had search warrants executed and earlier today, sheriff youngblood's team as well as ours were able to take
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mr. arriaga into custody. remember i told you yesterday that anybody who aids and abets or helps this criminal was going to go to jail. so we also have eric torres and adrian bergen who have gone to jail because they intentionally lied to us. they tried to divert us off of the investigation. they misled us and provided information that was false in an attempt to protect their brother who we also know was trying to flee to mexico. that was his goal to get across the border. this criminal, mr. areata, crossed our border illegally some time ago. he is a criminal. he has two prior arrests for dui. and that's the reason officer singh stopped him, we had cause to believe he was under the influence of alcohol. an officer has lost his life
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over a dui stop from someone who's been previously arrested. mr. he also has gang affiliati. all you have to do is take a look at social media, which by the way got way ahead of us again, and there's plenty of photographic emigrant, evidence on and in social media and other platforms that clearly shows himself promoting himself as a gangster. so, while we absolutely need to stay focused on his service and sacrifice, we can't ignore the fact that this could have been preventable. under sp 54 in california, based on two arrest for dui and other active warrants that this criminal has out there,
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law enforcement would have been prevented, prohibited, from sharing any information with i.c.e. about this criminal gang member. ladies and gentlemen, this is not how you protect a community. this is not how you assure the people who live in our community regardless of their ethnicity, their culture, their race, any of that. that they live in a safe community. there are people that want to exploit and victimize others and in this case, officer singh sacrificed everything. he paid the ultimate price trying to protect and serve the people of newman. we need to have a conversation about that. from this point forward, we have a lot of work left to do. there is an incredible amount of work, investigative work, that we have left in order to deliver across a prosecutable case to
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our district attorney. this could be a capital case, we don't know. but this isn't something that will be done anytime soon. certainly the arrest does bring some closure to the family and helps the newman police department and the community in newman. but make no mistake. we will continue this investigation until we have everything presentable so that we can prosecute. obviously, there is a lot of misinformation and other information that is being spread and widely spread on social media. remember, if you don't hear it from us, be cautious about the validity and the valid parts of information that you may see and hear. at this point, i'm happy to
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answer any questions that you might have. remember i'm not going to get into great detail here and it's under ongoing investigation. >> i'm told they are both brothers, am i wrong? >> i'm sorry, eric quiroz is the coworker. >> sheriff, when you detain the suspect, did he say anything to you? >> i wasn't there, and even if he made spontaneous statements, we would get into that. >> [indistinct question] >> this location has been under surveillance for at least the last 24 hours. it resulted in a vehicle that we were tracking and we kept that residence under constant surveillance, including surveillance from airships, air support units that were allocated. my thanks to the highway patrol, they allocated their airship out of fresno.
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we had our air support unit and others, so there was no way that that car or this location was not going to be under anything other than constant surveillance. >> sheriff, did tips come in, did people try to help? >> we have received hundreds of tips. we will investigate each and every one of them. >> how long has the suspect been in the country illegally? >> we know that he was a farm laborer and he has worked or worked at dairies. it's probably just a laborer type environment and there has been no long-term consistent employer that we are aware of. >> miscellaneous jobs are related to just labor industry type work. >> can you confirm that he is
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from a long, mexico, originally? >> i cannot. he is from mexico. >> the other suspect that you had arrested were they also here illegally? >> yes. >> sheriff, the car that you were tracking, does this belong to the brother or the coworker or someone in the family? >> we are still working on that. >> sheriff , they try to throw you guys off, and we asked for their cooperation and they lied to us. it was in the madera county area. >> why the multiple names. do they have aliases? >> people who have criminals are typically those that operate in that element, they use multiple aliases. he had multiple facebook pages
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with different names and all of that is out there, publicly available. >> the two other suspects, where they arrested and was gestapo arriaga alone? >> to your first question, the other two were arrested south of stanislaus county and brought here for questioning. at this point, yes. we believe that arriaga was alone when he committed the crime. >> leland: it we will continue to monitor the news conference in modesto, california. an emotional sheriff talking about the arrest of one suspect on murder charges there, of officer ron singh, and two other suspects that help the suspect even capital, capture. with that we will bring in william la jeunesse, who's been following the capture. sheriffs said they thought the suspect was trying to get to
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mexico. did you have any reporting on sort of what traps they were setting up to prevent that, how big this dragnet went? >> we know this. when they failed to release his name, that often tells you because people from mexico, they said he was a hispanic male. many of those south of the border will use their mother's maiden name and their father's name, and they will use one or the other, or change those or invert then if you will to try to throw off law enforcement. so the prince probably matched a number of different aliases. that will kick the sanctuary city debate into high gear. because the sheriff to pointed directly to sp 54, the sanctuary bill, and that prevented that information or the two duis prevented them from turning that
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over to i.c.e. >> leland: william, thank you. we remember and say thank you for the service of ron arriaga. 33 years old, and officer and father and now his dog, sam, will be with his wife and son. call usaa to start saving on insurance today. i did a lot of research into dna tests. most can tell the continent or country that your ancestors are from, but ancestrydna showed me the specific places they called home. 20 million members have connected to a deeper family story. order your kit at ancestry.com.
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some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ (vo) ask your healthcare provider if ozempic® is right for you. >> leland: president trump threatening to entirely, his words, close the u.s. border with mexico if democrats don't approve funding for a border wall. that's something that analysts say he legally cannot do. the president made a similar thread about a month ago and our senior judicial analyst andrew napolitano shot down that idea. he said the law allows people to enter the united states if they claim asylum. democrats are refusing to give in to the president's calls for a border wall. they say it would not only be expensive but, ineffective. it appears that congress has all but given up on resolving the partial government shutdown before the end of the year. ellison barber is live at the
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white house where it is noteworthy product news as well. >> the president's budget director and incoming chief of staff mick mulvaney said the president is absolutely serious about that threat to shut down the southern border, despite what legal experts may say or questions that may arise about whether or not he can actually do that. he says at this point, all options are on the table and the president is absolutely serious about shutting down the border. >> all options are on the table. it's the only way we can get the democrats attention. let me walk you through what's happening in the next couple days. >> that's less than the $5 billion that president trump previously asked for a bit more than the 1.3 that democrats and ask for. he is also pushing back on the idea that federal workers are not getting paid. paychecks are going out today for a pay period that ended on
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december 22nd. in the past, congress has passed legislation to give furloughed workers back pay after a shut down. mick mulvaney talked about that as well pointing to another reason why some of the reporting on this in his view has not been accurate. and they are in this in the long haul. and this falls on nancy pelosi. >> that's a question that you all have to ask. right now what we've seen from her is that she's unwilling to actually do anything until she gets her speakership. she's more willing willing to protect that then she is our borders and american lives. >> the democrats say they have given republicans -- they have given the white house three options to reopen the government
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and all of it included funding for border security but not the president's wall, which they describe as immoral, ineffective and expensive. >> leland: ellison barber, and we will head to the other end of the white house, when we come back. better life.
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♪ there's no place likargh!e ♪ i'm trying... ♪
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yippiekiyay. ♪ mom. ♪ >> leland: welcome back. congress is out of session until january 3rd which is when the new congress starts. our senior producer for capitol hill says he doesn't expect any resolution to the shutdown before then. team fox coverage continues, peter doocy is up on the hill. there appears to be a lot of tourists behind you and not a lot of members of congress. >> that's it, and republicans wherever they are don't want to give up an inch. senator lindsey graham just tweeted this.
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he wrote "to nancy pelosi in the house democrats, no wall money, no deal." and there are no key members on the hill this morning to sort any of this out, just tourists looking around as a clock ticks away on paul ryan's tenure as speaker. the republican seem satisfied and they got stuck in the senate. white house officials apparently have that in a message to democratic leaders but were told, no thanks. of those democrats never made a counter offer before leaving town. now one of the former democrats we seen on the hill is taking pot shots at president trump. >> i think it's an embarrassment any time the government shuts down and this being no exception. we need to work at it until we get to an agreement where the majority say yes. and i think we had that untold the president went off his meds and, who knows what happened. >> this is the shutdown of the border wall but it's also the shutdown where there really is
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no sense of urgency to reopen the parts of the government that ran out of money, because about three quarters of the federal government remain open right no now. >> leland: it's a run through for people who have involvement with the federal government, is it because they get their social security checks or welfare checks or other kinds of benefits, who is affected and who is not? >> people who get social security checks and medicaid checks are still going to get those checks. unemployment benefits and food stamps still get spent as well but the money has a right out of 9 out of 15 cabinet level agencies including the state department, justice department, and a lot of employees at those agencies are still working right now. but they are also waiting to get paid until the people here can scrape together enough tax dollars to pay them. >> leland: noteworthy as always that the government is
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able to scrape together the tax dollars. correct? >> correct. in this when they are. >> leland: peter doocy on capitol hill, thank you. with that we bring in amy titanium and former ohio state senate minority leader democratic capri cafaro. ladies, nice to see both of you. capri, as this goes on, you do get the sense that it is republicans negotiating against themselves. we already heard from ellison barber that president trump has gone and lowered his number. >> right. you are bringing up an interesting point because if you rewind all the way back to earlier in the year or may be at the end of his 2017, there was an offer on the table for a $25 million for the wall in exchange for that, but things
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unraveled from there. democrats and republicans need to come together and grow up and find a solution here. i know that is very far-fetched. but there is a lot of finger-pointing and people are trying to one up one another to try to point blame at the other party, and who is losing? the american people. >> i'm guessing in a way that intellectual honesty, i might agree on that. at the end of the assessment there. >> absolutely. and you just had a congressman say that it was an embarrassment that the government shuts down. nobody wants the government to shut down. but what i find to be an even bigger and embarrassment is to learn that democrats left without even a counter offer. are you kidding me? i think that it would be a great idea to bring back daca on the table. we have the president, and as the other panelists have
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mentioned it's gone from 25 billion to 1.83 billion so the president is doing the compromising and nobody else is coming to the table to join him. >> leland: it brings up an important question. how low in terms of dollars for border wall funding can president trump go and still keep the support of his base? you go from 25 billion, you could have had a wall. at 1.9 billion, you could have that a few miles with a wall with some concrete filling. >> it's a shame. this is passed an actual campaign promise, this is now dealing with the security of our nation. as we just heard in the press conference, the illegal immigrant who killed the northern california police officer thankfully was captured, but then you have incredulous laws on the books in california such as the one that the police officer stated that holds their hands tied behind their back so they can't report to i.c.e.
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there is a lot of problems dealing with border security. >> leland: everyone can agree that the system is broken. real quickly for you, and we will get back to the politics of immigration and the debate on the federal level. how long can democrats go on this before they potentially overcook their goose on holding out? >> i think democrats have to be very careful, and i say that as a democrat because the more that the hand is overplayed, the more they paint themselves into the corner and the more that president trump can say, look. the democrats are obstructionists. they have to find a way to come to the table but what's happening is the more progressive members of the democratic park caucus, the new members of particulars, with these folks, it's not about
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$29 million and that to them is too much compromise, , and givig donald trump his promise for the wall. people don't want that within the progressive wing. and that will run through the middle of the country where this is a different issue. >> leland: you have to wonder if when minority leader pelosi become speaker pelosi, that gives her more wiggle room in negotiations. thanks for being with us. great conversation and happy new year. speaking of the next congress, and less than a week nearly 100 new lawmakers will had to work in washington. but keeping up with who's who among the new faces can be a challenge. we will hear from our capitol hill producer about how he does it, coming up.
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>> leland: some lawmakers gearing up to take on lawmakers, gillian turner's live in washington with more on the options. >> good afternoon. when the 116th congress eventually kicks off, there are some major cybersecurity option options. the shutdown period is sharpening their knives in anticipation of two big battles. the first step is regulating big tech and members of the first side of the aisle have their sights set on big three
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social media companies. but the two sides don't want the same things. that will avoid more foreign election interference. republicans by contrast want to hold the big three accountable for anti-conservative bias. and that's before the 2020 campaign season. >> that's the issue in terms of the social media companies. what does company look at and banking and security and the like. >> another hot-button issue that most americans probably haven't heard too much about yet is data encryption. republicans want legislation that forces tech companies like apple to decrypt data when national security is at stake. and he's been keeping this issue in the spotlight.
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that was refusing he said recently companies are in the business of -- it's important to understand, what's good for a technology company isn't necessarily good for america. democrats are focused on protecting privacy rights. the senator but it stalled after cybersecurity experts pounced. while they feel pessimistic about reviving issue, other hill staffers say both of these issues could be legislated soon. >> leland: we will watch that, as will you, i know. gillian turner in washington. so who is going to take that up in the new congress? there will be lots of new faces. the house will swear in more
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than 90 new net members once the congress convenes on january 3rd. and the person on fox news who supposed to keep track of all of them is our senior producer, chad program. >> as a kid, i use to collect these, pouring over the names and faces for hours and memorizing entire rosters. we don't have congress cars on capitol hill but perhaps we should. after every election i cram to studying pictures and bios trying to learn members of the freshman class, it's not easy. everyone recognizes new york democrat alexandria ocasio-cortez, but who can pick out carol miller. and that would be the new nonvoting delegate to congress promoting guam. or if you even knew there was an nonvoting. granted, some freshmen are more
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pole of others. or how about donna show layla? can anyone truly master the names and faces of the entire house? >> i'm not sure i know all 435 of the faces now, but i know all the democrats because i deal with them on a regular basis. frankly, some republicans get up and speak who don't speak very often on the floor and i nudge someone and say, who is that? it takes time. it's like being in high school with 500 people or 430 people. it takes you time to learn who you are and you only do it really by association. >> new york democrat jill morelli as a freshman who has an edge when it comes to learning everyone's names. the house's were in morelli earlier. >> i have a cheat sheet, and what i'm trying to do is say hello to a group of people each
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day. and it triggers things in my mind. this is the house freshman directory from 2014. lined up together are pictures of then freshman mike bost of illinois, rod blom of iowa, david young of iowa and bruce poliquin of maine. >> it's easy to tell me apart from the others, i'm the best looking and one that smiling. >> it's easy to tell them apart. congressional leaders have an advantage of learning who's who, compared to the rank and file. >> i campaign with them, i'm in fund-raisers with them, i'm on the street corner with them or knocking on doors and i get to know them. it's really a chore to do that with the campaign. >> still freshman like most freshmen are sometimes afterthoughts. whether they are in high school or congress. >> it was a senior member of the
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house, and he said, i don't get to know names until the second term. so maybe people will start to learn who i am. >> learning more than 90 new house members is easy compared to the challenge posed in 1985. that year voters sent a record, 178 freshman, the largest freshman class of all time. >> leland: we could have gone for a few more minutes of everything chad knows. stocks are wrapping up with a wild, emphasis on wild, weak. the dow is down about 120, although at one point today, it was on track for its first winning week this month. monday marked the worst christmas eve trading session in history and on wednesday had made him major comeback for the largest single day again ever. gerri willis is live.
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today it's no different, huge roller coaster. >> no kidding. up and down and back and forth over the breakeven lions. right now, we are down 91 points and kind of accelerating into the points. the nasdaq composite is still in the positive. but let me tell you, you mentioned it, volatility throughout the week. and, we closed up 260 points but that was before we fell 600. that intraday move is the biggest in the dallas 120 year history. so big move there and that's where it's been all week. it really volatile. i want to talk about tesla for just a moment. elon musk hiring two new board
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members. and kathleen wilson thompson, senior vice president for walgreens. tesla is having to comply with an sec agreement to expand their board to include these new members. big questions about ellison though, he is a friendly investor who has put 3 million into the company and a big fan of elon musk. we will see how that works. >> gerri willis on the exchange and we have about 17 minutes of trading. overseas now, there is where that one-time allies in syria are getting you help after president trump announced the u.s. troops would withdraw. they are looking for assistance from some serious murderous dictators, and russia. details on that when we come back. ♪
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>> our allies in syria who fought alongside u.s. troops are now turning to russia dictator for help. russian backed syrian government forces have moved into the outskirts of mann bridge, which is a key strategic town in northern syria. hundreds of u.s. troops are still there. u.s. backed kurdish fighters invited assad's forces to come into the town to protect it from turkey. that's after president trump announced he was pulling american troops out of syria. it was an islamic's stronghold before kurdish fighters liberated in 2016 with lots of help from the u.s. military. with that we bring in dan hoffman, who served as a station chief in south asia. if you are the kurds, you are thinking to yourself, with friends like america, i don't need enemies.
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>> while it it's a very dynamic war zone frankly and if there are some competing interests there. the kurds would like to have some self-governing autonomy like they enjoy in northern iraq. they are very concerned about the turks who would like to wipe them out. and that's essentially made up of those curtis. and syria would like to gain control over the region. the one in a larger sense, guys like you who were front-line sponsors, who go into bad places and partner with people like the pkk who may or may not be perfect, as syrian democratic forces obviously have some issues inside of them. but your partner with them and you say i'm here with america's word and american help and all of a sudden, you pull out and they can't take on the russians and they know that.
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>> i can tell you from my own experience of having served three years in combat zones, it's always about developing partnerships and being the indispensable leader of those partnerships, where we leverage good relationships, like the kurds who were the ones doing the fighting against isis. we were in the train and assist mode and the question i would have is whether with a u.s. withdrawal of this relatively modest contingent of 2,000 troops, it may degrade the kurds ability to finish the fight against isis. secondly, it's the post-conflict question that looms. because isis may melt into any insurgency and we need to deal with that as well. >> in a way for the kurds, not only was it 2,000 u.s. troops, protection from airpower and protection on the deconfliction line and telling the russians and syrians to stay away from the kurds. but take this even out of syria. the next time the cia officer goes to a rebel group like the kurds and says america is here
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to help you, be our friends, all they have to do is google u.s. actions inside syria, and realize that sometimes america leaves you out to dry and you have to look to the russians or syrians for help. >> i can tell you in the middle east it's all machiavelli where they understand nations don't have too many friends but they have lots of interests. we will still maintain our contacts with the kurds and we will find ways to support them certainly on the intelligence side, as well as with the military. i will also wait to see how this shakes out. bolton says he has planned to visit turkey and israel in january and i would expect this issue to develop over the coming weeks. >> i think it was churchill who said the countries don't have permanent allies, only permanent interests. it seems the russians have put a warning shot across turkey's ball. >> the turks i think -- they
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have purchased air defense systems but at the same time, they are rivals and they are rivals in this area. the concern that i think we have is while they are in competition mode, does isis take advantage of that? >> one can't forget, even though they are buying weapons from the russians, they are part of article five. thank you for your service in harm's way and in dangerous places.o we will be right back. ♪ we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today. that i never would have imagined. ancestrydna was able to tell me where my father's family came from in columbia. it's just been a reconnection to my roots. 20 million members have connected
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>> leland: well, if you would like to buy sears roebuck and company you have a few minutes left to make offers to buy the bankrupt retailer. if nobody comes the company said it might have to close all of its stores and liquidate its assets. we have jeff live from a shuttered sears store in niles, illinois. that's a slightly different view of you than the shops at 900 north michigan on christmas eve. >> it to drastic extremes. this is the suburbs, the sign is still up but this series as well as hundreds of others closed. they just announced today that as you report, we are literally minutes away from the deadline, for someone to come along and probably saved the company, that's the last chance i have to
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save the company. you know, many stores have already closed. they announced today an additional 80 stores closed regardless and there are still some people at sears. i don't know if you see him, the guy poking his head out the window of the store, they just closed the door. they just sold off a bunch of the stuff inside, the displays and the rest. there is a one bid on the table so far. it's $4.2 billion but has not been officially offered. the bid has been made by eddie lampert who is the guy who was the ceo of sears and he says he has a plan for trying to make it profitable, but he's been trying out for over a decade and it hasn't worked and there is no good indication that it's going to work. >> really quickly in terms of that bid by eddie lampert, controversial at best, he's
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trying to buy his own bankrupt company. are there other creditors who would then lose out and lampert sort of gets a windfall in this thing? >> there are some creditors who would want to potentially sue him because they feel that there is selling off a lot of the series favorable real estate, this was actually a lease location. there were about 250 other choice pieces of real estate that the sears board sold off to the real estate investment trust controlled by eddie lampert. and some of them say that's where the money went. now curiously enough to note, if they in fact accept his bid, then they would give up the right to sue him. so it gets complicated as things often do in bankruptcy but this
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is an iconic american company may be headed for trouble, just minutes away. >> the headline from back in october, eddie lampert is unrepentant. jeff flock outside of one of the last stores. the world's oldest world war ii veteran has died. richard overton of austin, texas, was born in 1986 when theodore roosevelt was president of the united states. doctors say overton was battling prepneumonia, but before he died, the world war ii vets that he owed his life is that he owed his life to whiskey and cigars. the u.s. army sent out a tweet honoring him calling him not only a hero, but a legend. and would also like to take a moment to leave you with another
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legend. investigators have caught the man accused of killing the california police corporal ron singh. you see him here with his police dog, sam. he stopped a driver on suspicion of dui and was killed. investigators arrested the suspect plus two others for misleading investigators. 15 more officers have died this year than last year in the line of duty. some were like corporal singh, confronting those who would do harm. others were responding to calls when shots rang out or cars crashed together. 15 died for illness associated with their work after 9/11. so many of them, heroes who died after putting themselves in danger's way. sacrificing themselves so that others might go home to their
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families. we are told that sam, the police dog will be retired so that they will not lose another member of that family. sam will now go be with corporal singh's wife and young son. trish reagins, next. >> police have arrested a man suspected of killing a police officer in newman california. authorities are saying the alleged gunman was in the country illegally. in the last hour, we just heard stanislas county sheriff adam christianson blamed the state sanctuary law protecting illegal immigrants for this officer's death. hello everyone, i am trish regan in for neil cavuto and this is a special edition of "your world." let's get to william la jeunesse. >> this morning officials arrested in the illegal immigrant, gang member and two-time convicted