tv America Live FOX News August 23, 2013 1:00pm-3:00pm EDT
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>> hope you have a great time. ngena is recovering from surgery on the hip. we'll so if she comes back. >> hi, gen if you are watching. america live starts right now. >> we begin with a fox news alert. verdict watch for the fort hood rampage. and the decision could come son. everyone is called back to court for something. we don't know what it is. when the verdict comes, some of the victims ta suffered for four years will finally be allowed to speak out about the crime. i am shannon breanen in for megyn kelliy. hasan was a cowed of killing 13 people and wounded 30 others back in november 2009. many witnesses identified hasan
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as the gunman. he is act being as his own attorney and tried to argue that he killed our troops to prevent them from harming terrorist overseas. reporting live from fort hood, texas. stacey seagal. >> we got this word and everyone is assembling. the judge received word from the jury they want to come back to the courtroom. that can mean one of throw things. a verdict has been reached or they want to break for lunch which is a possibility or they have a question. we saw that yesterday even nothing the special report. we are on stand by at the time right now we'll tell you about the panel. we have had a question about this. this is a court martial and varys a bit from civilian court. every person on the panel. not a jury. but everyone of them is a senior
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army officer compiedz of nine colonels and three lieutenant colonels and one major. they were selected in the againing of july from u.s. army posts from all over the world and they serve in a range of position, staff for command on installations where they are a signed. the panel is not sequestered and clearly in all cases they are instructed not to read anything about the high profile case or watch news reports about it or speak with anyone about their involvement. now deliberations lasted three and half-hours yesterday and they have been in there today for three hours exactly and reviewing more than 700 pieces of evidence and testimony from 90 witnesses called by the prosecution and meticulously going through the long list of 45 charges. we are talking about 13 counts of pre-mediated murder and 32
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count was attempted murder and there are lesser included offenses mixed in and in order for the death.to be on the panel that death penalty must bean maninous. and on two, it looks in the deal of the deth penalty. to get a guilty verdict, they only need two-thirds majority vote and nine of the 13 panel members. we are on stand by and could have a verdict here and they may want a bite to eat. we are on top of it. >> thank you. and context of where we got to where we are today. four years since the shooting rampage. and november 12th initial charges were foiled against nidal hasan accusing him of
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murder. and june 2010 he got one of many delays in this case. and july 20th. hassan would be tried in a military court and face the death penalty. and numerous delays. the court martial began on august 6th of this year. and we'll get word of updates, we'll bring it to you right away. new controversy over the new un embassy to the un. samantha power was on a personal trip when she missed a meeting. power was briefed the entire time and is not out this tweet. reports devastating and hundreds dead in streets including kids killed by chemweapons. un must get there fast and if
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true, perps must face justice. fox nows editor and host of power. happy friday to you, chris. how are you? >> i am good. why power was not there. it is a right wing hit job to ask that question. >> isn't that what they say about -- what those people say about everything. i seem to hear that on benghazi. i think i heard that, too. that is not a defense. saying that a person can't be there because they were on a personal trip is a choice, it is certainly a choice for samantha power to make a decision 20 days or so as un secretary or not that but u.s. embassy to make a choice and say i am not going to be there. not everybody is going to agree
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with that choice. what is a matter of discussion it looks bad for an administration that said they are not acting on syria, but it matters to them a great, great deal and are hoping that the united nations will intervoen a genocidal civil war that lefts a hundred thousand people dead with chemicals weapons now in play and if you are really inactive but urgently carrying and want your point woman on the issue to be present. >> she has built a reputation and well respected one on the issues of atrocits of this kind. you would think she would want to be there. this is becomely one of her strongest selling points was a background she had calling for atrocities to be stopped. >> everybody should take a vacation and everybody needs to take vacation and when people
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kriet otherwise the president he's vacationing. people have to go and rest sometimes or they go bonkers. but the reality is here she started on the job, and this is her portfolio and issue. it is fine for the administration to go on the counter attack and say people who are questioning this is a right- wing hit job and whatever they want to say is fine. but facing facts, realities is she was not there in the moment when what is largely a symbolic gesture and she was not there to provide the human symbolism of urgent american interest. it is their choice and not a heinnous act but doesn't look good. >> senator john mccain said the administration's promises are ringing hollow on issues in the middle east and america credibility in the middle east is never been lower. that is not the time you would want to be out.
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>> certainly senator mccain is not plosed with the administration's middle eastern policy. remember where the pressure is why samantha powers has the job. it is the humanitarian left. i wonder what hillary clinton thinks about all of this? i wonder what people think why isn't the united states flying the fullest diplomatic play on the left's heart and soul. you have a genocide, why not? why isn't the point woman on this there? why was she on vacation or on personal travel now? chris, we'll see you monday on the irpt web and in the moan time, have a great weekend. >> you too. >> the cotroversy on ambassador power and the president, on the fox notes. it is a great way to start off fully informed. fox news.com/foxnewsfirst.
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and enter your e-mail and line and click and sign up and you are all good to go. fox news.com/foxnewsfirst. chris's brain in your inbox. don't miss it. brand new fallout over obama care. we get an eye-opening look of what it is costing employers. delta airlines confirming with fox news it expects to rack up 100 million in health care expenses next year partly because of obama care. alerting the administration in a letter that is now public. why is it hitting the big companies so hard? jim joinsitous explain. >> hello, shannon. a top delta executive said he and representatives of other large companies reject an official's ark sertion that the new health care law will mean
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business as usual for them. in a three page letter to the administration, delta will be spending 100 million just next year on health benefits and he laid out delta's concerns in detail. he said make no mistake the cost imposed on delta and our employees are very real and escalating and he noted the benefits that the administration trum pets and such as children up to age 26 stay on the parent's plan. >> that provision is popular because insurers have to cover all of the people under 26 and like a fro lunch. there is no such thing as a free lunch. >> in fact, that will cost delta 14 million next year and raise premiums on all employees whether they have children or not. and the administration delayed the employer man date it did not delay the individual man date
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and employees will have to sign up. listen. >> that will cost an additional 14 million to delta which again gets passed through in the form of higher premiums for the workers and higher fares for those of us who fly delta. >> and delta self insurers like many big companies and meaning that it pays for its own insurance costs and nevertheless, hit with a $63 per person tax in 2014 with 160,000 active retired members and families, that will cost another $10 million. and delta said that provides employees 0 benefits because that gets the exchange up and running and not to help the employees. >> thank you, jim very much. >> yes, ma'am. >> growing out rage on the judge's decision on a christian photographer who refused to take
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the pictures for a same- sex couple. the attorney ruling. and the tragic murder of precious world war ii veteran. and surviving one of the gruesome battles in military history killed on u.s. soil in what appears to be an act of senseless violence. and the thrill kill murder of chris lane and suggested his killers may have had more sinister motives. >> ma'am, they are coming,oc. >> they can't come any faster. they are on the way. they are on the way. canned chore too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious!
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senseless violence. he was found bleeding in his car after suffering a brutal beating at the hands of two young men. the suspects were caught on surveillance video and we learned one of them have been arrested and we'll get more on this case when police are expected to hold a new's conference. stay with us, we'll bring it to you live. a christian wedding photographer renowsed to take pictures at a ceremony. they say accepting the job would be in conflict with their rights because of their religion. they are representing the couple in the case. jordan good to see you today.
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>> appreciate all of your work reporting in the supreme court. >> this case may end up there. and what you got from the now -- new mexico supreme court. you can practice your religion but it discriminates the price of citizenship. >> that doesn't mean giving up the constitution will rights. it is shocking to think that an artist or american can be forced by the government to promote messages they don't agree with and a question do we as americans have a right to live free of government restraint or coerci coercion. >> so many parts of the opinion raise questions. the concurring judge richard boston said the couple here have to channel their conduct and not
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their beliefs. and so to leave space for others who believe something different. what about them? >> in a free society people of different beliefs have to get along. there were plenty of photographers available and willing to shoot the same- sex ceremony. and the hug enotes need to be excused. they are promoting messages they don't agree with. >> correct me if i am wrong. they not only found they violated the human right's law in new mexico and ordered to pay sen thousand in attorney fees to the couple who took them to court. >> that's correct. and they were able to get photographs they were satisfied with. they still wanted to send a message and make an example of elane photography. and john and elane hug enot.
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>> you mentioned they found another photographer for their ceremony and they were happy to photograph any situation and this couple had specific objections because of deeply personal beliefs. dow believe there is a political move here. they were happy to find another photographer who did photographs that they like. and i know in new mexico there is a push on several fronts to have gay marriage. and you think it is not only the photography but the bigger political goal? >> i continuing is. and throughout u.s. history we have seen those in power and promoting and prevailing orthodoxy tend to want to silence those who disagree with them. that's why the founder put the first amendment in and prevent the government from trying to silence or muzzle those who
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disagree. this is an overreach of government power. and new mexico supreme court got it wrong. we are considering taking it to the u.s. supreme court. >> and when actions and religiously inspired conflict with other constitutionally protected rights, there must be accommodation. and what is the constitutionally protected right. she was not performing weddings which is not legal in new mexico and she was asked to photograph a commitment ceremony. i am confused by what the judge is referencing there? >> i am not sure either. generally people and i understand that there is public accommodation laws and so people can do business without being discriminated against. but the laws cannot be used in a way that force people to advocate ideas that they disagree with. this is different than
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a restaurant or hotel that promote messages and a video graver and speech writer and force them to say you have to do things and promote messages with your skills that you disagree with. that is a right that is all americans are protected by. and those who object or subject the decision and not what elane photography did. must realize there will be a day when they will find themselves saying i could not participate in this event and there will be no constitutional protection unless the united states supreme court comes in and reverses this decision. >> if you decide to take it there let us know. we'll so you there. >> two groups of disorganized and first in the nation effort to fight the federal take over of your local school. and we'll ask them what is at stake and what they are hoping
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to start here. and the scandal in san diego may be coming to an end. the mayor said he is a friendly guy. >> i express myself demon troughly and i am a hugger of both men and women. hard to meet them. i've made my success happen. so when it comes to my investments, i'm supposed to just hand it over to a broker and back away? that's not gonna happen. avo: when you work with a schwab financial consultant, you'll get the guidance you need with the control you want. talk to us today. why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pai it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours.
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>> this is a fox news alert. we are on verdict watch in the fort hood shooting rampage. we got word that everyone was called back to court for something. moments ago they were called back with a couple of questions and a source on the scene said we could have a verdict. that it is not 100 percent certain. as soon as we get a verdict, victims are finally going to be allowed to publicly speak about the crime. we'll update you the second we
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learn more. new developments out of egypt, supporters ousted president morsi and the muslim brotherhood vowed this is a friday of martyrs. so far no word on major fighting. security forces are out and track is cut out through tar rir square. the muslim brotherhood are showing no sign to go down. >> they are not backing down and it is not really quiet, but the ten or so this happened people pale in comparison to the large crowds we saw in the past. today, the main chant is the coup is terrorism, referring to the military coup that deposed mohammed morsi. obviously they are angry at the
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army and they are inside cairo. and the number of arrest made hundreds if not thousands of members of the muslim brotherhood and middle chair leadership and hampered the ability to get mass number of people on the streets and shoes that the flame is turned down on a boiling pot. they don't have the groundswell of support like what we saw with hosni mubarak. his release was expected to draw protest but so far that hasn't developed. he was released from prison and went from a military hospital where he is awaiting retrial on the charges of killing protesto protestors. he was convicted and it was overturned and now waiting retrial. that could start by next week.
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if he is set fro and meaning acquitted, you could see more on the streets. . >> leland, thank you for the update. >> there is growing national outrage after a veteran who survived one of the toughest world war ii battles is beaten to death by a couple of thugs. we'll have reaction from the veterans community. second time in his career robert muler talks about recent terror threat asks what keeps him up at night. we'll tell you what he had to say. >> and a college athlete gunned down and we'll tell you what george zimmerman's brother is saying about the case that sparked racial tension. and look at the debate that the country is not having when it comes to the case. >> there is a lady doing cpr.
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survived a war only to be killed in a sense of senseless violence. he suffered a boating at the hands of two young men. one of them has been arrested and we could learn the identity of the second suspect. we'll have a news conference at 2 o'clock p.m. eastern and we'll bring you the latest on it soon as it happens. stay tuned. >> growing questions about the motive of the death of a college baseball player. three teens in what the prosecutors labelled did a thrill killing. >> hi, shannon. christopher lane's girlfriend and her family are on the way back to australia with christopher lane's remains seven days after he was shot in the back by a group of three teens who told police they did it because they were bored.
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two of those boys. the faep-year-old and 16-year-old are facing life in prison without parole for first-degree murder. and the third teen 17-year-old michael jones. he was driving the car when christopher lane was shot and killed. he is charged with accessory after the fact and using a vehicle in the discharge of a weapon. the hearing of the case is not until october. we are learning more about the teens. direct attorney jason hicks said the boys had very little parent supervision and raised them by playing violent video games and 15-year-old james edward junior posted several disturbing remarks on twitter including 90 percent of white people are nasty, hate them. and another tweet bragging about knocking out five white people
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after the george zimmerman verdict. edwards is no stranger to the law and apparently his mother is not either. she's been in and out of jail and currently serving a five year sentence for fraud and forgery. and the district attorney said the case will not go to trial for 'or 24 months, shannon. >> thank you very much. >> the story sparked a fierce reaction and why the nation is not debating what is missing in the suspect's lives why would they kill for the fun of it? we heard from the brother of george zimmerman, in an e-mail to the daily caller, he writes in part. mainstream media is sidestepping the fact that one of the alleged murderers professed to hate white people. i have learned throughout the ordeal that our family has
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endured that jesse jackson and a l sharpton as do not speak for most african-american. i expect they will let's talk it out. a llen combes and mike with fox news contractor. the wall street journal suggests that we are not having the conversation. >> it is difficult and hard to have the debate or dialogue when people fail to acknowledge a racial component when violence involves black on white crime. trayvon martin/george zimmerman was all about race. how did the white hispanic see fit to hunt down trayvon martin and yet here is a case where apparently young black men literally hunted down a white man and shot him.
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>> i am sorry, it sounds like we have a fox news alert and a verdict in the fort hood shooting and check in with casy seagal who is in fort hood. >> unanimously finding of guilty on everything from the pre-meditated murder charges and on all 13 counts and guilty on all 32 counts of attempted pre-meditated murder. the court will come back on monday for sentencing. this is breaking just now out of the courthouse in fort hood in the court martial that is on the third week. 13 member panel or the jury in this court martial unanimously found major nidal hassan, the army psychiatrist guilty on everything and all charges.
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all 13 pre-meditated murder charges and 32 attempted pre-meditated murder charges. this is a huge development and clearly the family members inside of the courtroom are now feeling a bit of relief. this is something they have waited four years for if you remember. this attack happen on the fifth of november in 2009 and it is nothing but delays and nothing but hang ups. remember major hassan refused to shave the beard and there was talk he may have to forcibly shave his beard and it is nothing but delays and these family members have been so frustrated as a result of that. they wanted to see justice in this case, and they are seeing that justice, really for the first time this afternoon here on this texas army post that was forever changed on that november day when major hasan walked in a busy medical processing
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facility, jam-packed with soldiers and opened fire. hitting and killing 13 people all soldiers, one was a physician. a retired army soldier who was work nothing the srp. soldier readiness processing building and the prosecution worked hard on this to prove pre-meditation and they thought all along they had done a good job proving that pre-meditation because he had been planning it for sometime. going to the gun store and guns galore and buying a lot of ammunition and buying a lot of rounds and magazine rounds and even putting, putting paper towels, rolling up paper towels and putting it in the cargo pants of his pocket and uniform so that the bullets clafrnging
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together would not be heard and not alert the other people to what he had planned on doing. again, if you are just joining us. military court martial of major nidal hasan no longer accused but now found guilty of walking in the soldier processing building was just found guilty on all charges. we are talking about 13 counts of pre-meditated murder and 32 counts of preattempted murder. attempted for the people wounded on that day and the 13 counts of pre-meditated murder for the 13 who lost their lives here. that means the death penalty is no doubt on the table. we heard from military analyst they needed one of the pre-meditated murder to be met for the death penalty to be on the table. since he is found guilty on all
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of these counts, they will consider whether he is eligible for the death penalty and we'll begin the sentencing phase which is scheduled for monday. to begin on monday and they will see if major hasan will be put to death for these crimes. >> both sides are getting what they wanted. hasan mad no secret he is viewing himself as a martyr and wants to be viewed that way. and based on the lack of defense and now things he did say, what he wanted as well. there aringivating factors to be considered and they are here in this particular case. casy, i want to ask you about the families, they have been unable to speak out about this. some of those who survived are massively injured and they are not able to speak out.
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do we expect to hear from them now? >> we hope so, we heard a few days ago, that some of the family members were expected to come out and make a statement to the press and last-minute, they changed their mind. the judge gave spectacular instructions to the witnesses and 89 witnesses the prosecutions called that they could not speak to anyone about the case until it is over. the judge pointing out it was not a gag order but standand instructions given to witnesses in a high profile and capitol case like this. but, the folks with the military, and u.s. military, have said that it is simply not true, that the family members are told not to talk to the press. a couple of them have, not here in fort hood but a couple of them have. we don't know if that will encourage them. we don't know since the guilty
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verdict, if that will encourage them to speak to the press. they could wait for the sentencing phase to be over. there was some frustration that the judge would not allow some of the motive evidence to be presented. particularly toward the radicalization of islam and he had done a report in the walter reed that he had a ground rounds presentation and spoke of suicide bombings. and the judge did not, low that testimony to get in and blocked the e-mail exchanges between hasan and an war a llak ia. family members were frustrated about that but they are seeing justice with the guilty verdict, now, shannon. >> thank you so much. if we hear from the family we'll
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bring it live. on the phone is major chris nagle. major, thank you for joining us. my first question is the appeals process. my understanding in a case of this kind especially if the death penalty is meted out, there would be automatic appeals, is that correct? >> that's right. in any court martial conviction there is automatic military appeals in the military system. and in this case, this would be an automatic appeals and that will go up and go to the 40 of appeals and could go past that to the u.s. supreme court. that would be something that hassan has to start himself. nrngs meaning that he didn't want to defend himself. and he admitted what he has
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done. and the lawyers foiled objections with the judge, coruntil osborne in this case, saying it is not ethical for us to work with him. the first one will go on with or without his cooperation. >> that's right. whether he wants it to happen. i expecta an appeal to go up and it will be reviewed and set up in the military system and not that way in the civilian system. >> in this case, we have a jury made up of members of the military and a judge overseeing this. what is different in the military justice and as to what we could have sewn and how juries weigh the evidence. >> i don't know if there is a ton of evident between the
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civilian and military side. they are service members and they are supposed to outrank the defendant. but other than that they have the same job weigh the evidence and come back. and in this case, the military members will be in charge of the sentencing phase as well. and in some states that is true of the jury. and in the military side. irrespective of what crime is alleged, the jury plays a role in the sentencing phase. >> once it starts, there are aggravating factors if they are to move forward. offense was committed under the circumstances that the life of o one or more people that the lives of the victims dead. and it sounds like a slam dunk. >> i would be worried more about
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making sure the family members of the victims had an opportunity to express the impact that they felt as a result of this. and i don't want to say it is outside of the job description of the prosecutor, but at this point, i wouldn't be worried too much about proving the elements. but what can we do to help the victim's families here. >> i expect they have to speak out. >> how much fine latitude would they have. >> in my experience it is wide latitude. often times the prosecutions doesn't ask many questions and it gives the victim's family members victims an opportunity to express to the jury what this did to the families.
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the emotional testimony from the family members of victims of 9/11 was in the sentencing phase. it is because there are fewer rules and unlike fact there are nower objections. and to the extent the judge allows family members to come in and spoke and prosecutions brings them in. i think the family members will have a lot of leeh way. >> the gag order will city in act through sentencing. and that to me outside of the court setting they will have to wait on publicly expressing what they are feeling? >> i think that is right. i think i would expect they will have the opportunity in open court which is a controlled environment and frankly maybe has more impact in terms of the
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message they are able to community through that process. >> major chris gold. thank you for letting us know how it will prosowed. >> our producer just describe described the verdict seen. hasan staring down and stroking his beard. there were fights over the beard as the judge announced there was a verdict. hasan was looking at her. he turned and looked back down. family members were emotional and there were no outburst but crying and hugging each other and nodding their heads. you will hear from them eventually but today they got justice. we'll be back in three minutes.
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back for breaking news on ft. hood, the jury just found major nadal hasan guilty on all counts. murder, premeditated murder all of them. on monday they will start the guilty phase as the psychiatrist faces the death penalty. one issue unresolved was the early decision to call this place of workplace violence not an act of terror. our correspondent is live in washington and has covered this case extensively. any chance that changes at this point? >> i don't think there's any chance that changes because of the framework of this prosecution. just to remind viewers, we were the first network to report the defense department was dealing with this massacre in the broader context of workplace violence and not an act of domestic terrorism.
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what's significance major hassan released these documents to fox news in the last couple of weeks in the ramp up to this prosecution. it's crystal clear in these documents, major hasan believes it was his own personal jihad and fol lower lower of a nwar a. and he signs it that he has seen this as his own personal attack and the same acronym on his birthd business card at ft. hood. very specifically this was a prosecution that dealt with it almost like it was a drive-by shooting, if you will, not in the context of homegrown terrorism. >> the prosecutor obviously, there were plenty of things they wanted to offer into evidence they weren't allowed to. limits on things. you mentioned his connection to al awa lackey, tell us more
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about that. >> in the handwritten documents major hasan specifically releads to fox news in advance of the trial he discusses his relationship with the cleric anwar al awlaki. it was not allowed in. he was the first person targeted for death by the ci irkcia, as and mentor who had an ideology that he thought was the right ideology for himself. the key thing is what we have shown in this four year investigation of anwar al awlaki beginning at ft. hood, in 2002, long before the attack, he was held in federal custody and released on the say so of the fbi. to break it down, the feds had this cleric in their custody and they let him walk. if you can only think about how life would have been different for these families at ft. hood because major hasan was not only
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a fol lower of anwar al awlaki, this guy who promote as digital jihad, he exchanged about 18 e-mails in an effort to find some kind of sanctioning for the violence he would commit. >> you've brought us a lot of news on this case, thank you very much. >> you're welcome. more on this including possible comments from some families, some affected by this, plus states versus the feds, as the justice department goes to court to block texas' brand new voter id law saying it's all about discrimination. governor rick perry join us for his first on camera reaction. breaking news in moments when the horrifying death of a world war ii veteran who survived one of the world's toughest battles only to be beaten to death by a couple of thug thugs. >> he wasn't just my great-uncle. he was a great person and he didn't deserve to die like that.
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this is the fox news alert from ft. hood. almost four years after the mass shooting there that killed 13 people and injured dozens more, the jury just found major nadal hasan guilty on all counts. murder, premeditated murder, attempted murder, all of it. welcome to a newew hour of "america live." first, live in ft. hood, texas, live covering the verdict. casey. >> reporter: hey, shannon. 6 1/2 hours. that is how long that 13 member panel. remember, this is a military court-martial, not a jury, 13 member panel deliberated 6 1/2 hours. frankly, some of the lawyers we have been talking to said this wasn't really looking that great for the prosecution because civilian court or court-martial typically the longer you know the jury is out the less that bodes well for the prosecution.
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after that long 6 1/2 hours for the prosecution here, the word came all 45 counts, the jury was unanimous. the panel unanimous on guilty. we're talking 13 counts of premeditated murder for the 13 people who lost their lives on this post back in 2009 and 32 counts of attempted premeditated murder. those are for the 32 people who were injured. it has been one dramatic three weeks of ups and downs here at this court-martial with major hasan representing himself. that has been really strange to watch. he participated very little. out of the 89 witnesses the prosecution called, he only cross-examined three of them. his opening statement was just two minutes long. he did not even give a closing statement, meaning he did not take the stand to testify and he did not call a single witness. originally we've been told major
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hasan would call two different witnesses to the stand. as it progressed those names dropped off his list. he has sat emotionless pretty much the whole time. participated very little. i've been in the courtroom a lot. he stares down at the table. he doesn't seem to make eye contact with any of the panel members certainly not any else in that room, family members who have been staples throughout this entire proceeding. he use as tissue and wipes his nose. he sits in his wheelchair. remember, he was paralyzed on that day when officer mark podd shot him, ending this attack before any else could be killed or injured. the evidence showed us from the fbi and those who processed the crime scene that there were a lot of rounds of live ammunition that were record at t-- recovert the scene. no doubt the prosecution worked very hard to try to prove this premeditation. he was specifically targeting
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soldiers. he was going to kill as many soldiers as he could. that was a common theme throughout this entire court-martial, hearing testimony from the local gun shop when hasan went in according to their testimony and asked for weapons that could quote do the most damage. ammunition that could do the most damage. he wanted to practice on loading his weapon and reloading it as fast as he could, rapid reloading they referred it to as. he did target practice on silhouettes, not on targets but of human silhouettes. that again was all used by the prosecution in the more than 700 pieces of evidence that were entered and the nearly 90 witnesses that took the stand. this calculated mode to kill. although there was some frustration from some of the family members and of the prosecution of the radicalization that kathryn was
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talking about and e-mails with awlaki, the judge would not allow that to be used in this case and didn't want the defense of motive and others to get confused and thought the evidence would confuse that and wanted strictly to speak to what the prosecution had presented. there was frustration about that. it apparently did not matter to that 13 member panel. the panel was made up of nine colonels, three lieutenant colonels and one major. these are all senior ranking army officers that were carefully selected from a pool of more than 100 u.s. military posts all over the world. they have not been sequestered but they have been here and diligently taking notes and they have been following every bit of this case extremely closely. today, they rendered justice for the people here at ft. hood and elsewhere, again, finding major
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nadal hasan, a 42-year-old army psychiatrist guilty on all 45 counts. sentencing begins on monday, shannon. the death penalty most certainly on the table here since the jury or panel was unanimous on all of these guilty counts. >> all right. thank you very much for your coverage of the trial. >> reporter: got it. >> for the lawyers of some of the victims just released a statement saying this is just a first step. they've been desperately fighting to convince the feds to name this a terrorist attack and allow the wounded and those killed to get extra benefits. and joining us to explain why that difference is so important. what difference does it make? >> it makes a huge difference. it's not just the benefits. the benefits are one part. the purple heart and what it represents, these soldiers signed up to serve this country. someone who is serving our enemy in the interest of an enemy in
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al qaeda and his declared intention shot and killed these members of our own military, who were prepared to go to battle on our behalf. because the person firing and shooting against them believed he was in a war against the army he was in. they want that recognized. this is not workplace violence. anybody with a brain between their two eyes knows that fact. they want that known publicly, this is part of an injustice committed against the people on the scene and families associated with it and government and president unwilling to declare radical islam in this case was the motivator of why these men and women were killed at ft. hood, why these soldiers were killed at ft. hood and d.o.d. and every other department that can should be and ought be willing to classify as it is, call it as it is. the purple heart should be bestowed. the families just want nat. not about the money, the principle of the matter. >> why do you think people are so afraid to call a spade a spade? >> most aren't. you go to the military, luke at this jury, you look at most in
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the media, look at folks on this network. in spades we're calling a spade a spade. it's really a president and leadership of the government and united states today that is wilfully blind to the fact there's an enemy out there, whether it's overseas or here at home seeking to infiltrate whether we're at war with them at not still at war with us. it doesn't mean we should change everything pertaining to our culture and give away every freedom we have to prevent it but at least recognizing it exist is fundamental to countering it. calling a spade a spade. doesn't mean everything is islami islamic terrifics. my goodness when someone puts soldier of allah on their car, this is a broader strategy that allah has and needs to be called that. >> there was a discussion why this determination we would label this workplace this administration was -- workplace
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violence versus terror and some suggestion if he was labeled a terrorist by the u.s. government his defense counsel would argue he basically had no chance in a court of military justice. if one branch of the government had deemed him a terrorist, he would be so disenfranchised in his ability to defend himself properly. >> did he ever have a chance? was there any else that day with a weapon firing at american soldiers. that to me is an absolute non-starter. we can't declare someone -- our government can't make a declaration someone was acting as a terrorist or acting alongside wilfully getting guidance from clerics of al qaeda. to me, that doesn't pass the smell test and no one seriously looking at this issue would step back and say, his defense will really be robust if we call it workplace violence. everyone knows who did it. we give him justice anyway because this is the united states of america. this guy was a rads call
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islamist and turned on his own troops of his own country and we should call it what it is. >> the fact he made his own admission about his motivation. >> about why he did it. >> do you think there's any chance about why there is a reclassification of what happened? >> i think there should be. i don't know the law of the next steps. certainly optically when a well run jury or panel called in this instance finds on all 45 accounts he did what he said he was going to do and verified the motivations, i think that's certainly worthy of review at some level. never too late to step back. medals of honor are bestowed posthumously and changed once new information or details comes to light. why not do this for the victims? we recognize the justice system ran its court and identified what the true motives are. i don't know we will get that
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from this administration that wants to secretly e-mails to fight al qaeda but doesn't want to call it what it is when those working on their behalf in the united states. it's a bifurcation, duality that makes no sense and frustrating to those in uniform and to those who suffered through what happened in ft. hood. >> thank you, sir, for your service to our country. >> thank you for having me. >> we're just getting word officials at ft. hood will make a statement at 2:30 eastern today. when we get that, we will bring it to you live. more breaking news, this time from spokane, washington. police are investigating the brutal murder of an 88-year-old world war ii veteran in what appears to be a random attack by two teenagers. police have arrested one of the suspected killers, they're on the hunt at this hour. here is what we know. police tell us wednesday night, 88-year-old delbert belton was in the parking lot waiting to
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give his friend a ride because he didn't want her to walk home alone. he never got to do that favor. he was viciously attacked and left for dead. by the two young males identified on surveillance images. the motive? no word why. they appear to have picked the world war veteran at random. he took a bullet in the leg at okinawa, he survived that attack. the random senseless beating by two teens, he did not. dan springer has new details. >> hey, shannon. the spokane police told me a short time ago they do know the name of the second suspect and expect to get it at 2:00 eastern but put off because of a shooting at a pawn shop. the beating of the 8-year-old shocked everyone and all called him shorty and said he didn't have a mean bone in his body.
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he fought bravely in world war ii and engaged in one of the world's bloodiest battles in okinawa in the south pacific when he was wounded. he was in his car at the parking lots of eagles' lodge, 8:15, when two young males robbed and beat him and hit him in the head with the big metal flashlights. a witness saw the suspects running from the car and he died later. pictures were captured from surveillance cameras at four different cameras. police arrested a 16-year-old, not releasing his name but say he was booked on charges of first degree robbery and murder. friends and relatives can't understand why any would do this. shorty was waiting to escort a friend into the eagle's lodge where they were going to play pool. the area is kind of rough and he was concerned about the woman's
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safety although he is a member of the lodge and there all the time. there is a makeshift memorial for him outside the lodge. the 16-year-old will likely be tried as an adult and his first court appearance come as early as monday. >> thank you. just a heartbreaking story. after we got weeks of reports about monitoring of e-mails, phone calls and social media by the government, we're learning about a department of homeland security staffer who has been running a website that promotes a race war warns black americans they need to be ready to kill whites. who missed this guy and is he still working for the government? that's next. ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good.
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counts of murder and premeditated murder. we are expecting announcements from the base officials about the verdict. what they have to say, we will bring it to you live as soon as it happens. an outpouring of disbelief after a department of homeland security manager is exposed for allegedly running a website that's prosecute moating a race war. look for yourself. here's the web page. among the purported inflammatory materials is advocacy for massacre of white people and this guy is reported to buying ammunition. >> there are so many questions raised by this situation, the first one is what do we know about this guy? is he still working? is he being disciplined? what's the status?
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>> we have been told there is an investigation ongoing into whether or not he had really done anything that would have violated the various rules and laws that govern the people that work at dhs. it's not clear he's broken any of those. it's an ongoing investigation. dhs has been very tight-lipped. they're offering short curt generic statements denouncing hate and that sort of thing but not committing one way or the other on this particular gentleman's future there. >> let me make sure we read what we have from i.c.e. so far. we do not condone any rhetoric from any and employees are held to the highest conduct and investigations are conducted thoroughly and if needed action is taken. a department of homeland security employee, if he's doing things on his own time, he still has to got some type of
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supervisor or managerial approval of this website he was running. apparently he had gone through that process. how in the world when they're tracking the government everything we do did they miss this website when the guy filled out the form asking for approval of it? >> that's the biggest question we should all ask. it's very clear what this guy believes and has written is utterly reprehensible, not representative of what almost any believe, so offensive to any. i spent some time this morning reading through the old archives of this site. it melts your brain it's so crazy. almost seems like he's unstable. the question, shannon, i have in all this, if he's at dhs, which he is, and if his job is to buy guns for dhs, you imagine he probably had to get some security clearance and go through some vetting process. how did that happen, given what he does in his free time? >> he said the mass murder of
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white people, warfare is imminent. we will have to kill a lot of whites, more than our christian hearts can count and has issues with homosexuality and praises laws in some countries that criminalize homosexual behavior. he has a lot of things out there most people would call hate speech and would raise a lot of eyebrows, if as you said, he's in charge of buying guns and ammunition and advocating killing people. >> he appears to be a virulent homophile phobe, as you say, not just ethnic cleansing of white people, he also has some really disgusting slurs against president obama, against other members of the black leadership and black community. it's sort of astonishing when you read through this site to get the sense he has somehow passed security clearances at the department of homeland security. i don't know how that happened and i don't know whether or not they can discipline him. there's a couple legal questions here.
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i'm not a legal expert. you might have to convene kelly's court on this. i don't necessarily think any of this speech isn't protected by the constitution. but ply goodness. >> we'll leave it there. anyone have occasional constipation, diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.
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i'm a hugger of both men and women. >> that was san diego mayor bob filner in a kusi interview dodging question esabout sexual harassment accusations for more than a dozen women. now, today looks like the day could be the day he resigns over the scandal looking at his proposed agreement this afternoon and reportedly called for mayor filner to step down. william is live.
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>> reporter: the question is how much do taxpayers have to pay to get rid of him? does he treat them in this is office with the same disrespect he allegedly abused. it began about six weeks ago when a woman accused him of sexually harassing three women. originally the mayor defended himself this way. >> the facts will be determined in that process. i will obviously cooperate fully and i think i'll be vindicated at the end. >> reporter: since then, the events have played out like a soap opera. 18 women including three business executives, two college administrators, two military and three singers and a nurse accused the mayor of unwanted kissing, globing and sexual harassment. >> i saw him place his hands where they did not belong on numerous women. i was placed in the filner headlock and moved around as a rag doll while he whispered
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sexual comments in my ear. >> reporter: the majority of san diego voters want him out as does the san diego council and the democratic party even came around. filner's bargaining his office his resignation would likely reduce the value of any lawsuit. once the boogeyman is gone, the victims are left to sue the innocent taxpayers which is why yesterday the attorney who represents one victim sue iing attacked this proposed settlement. this could all still fall apart. the mayor has allegedly already signed the document the city counsel has to go along with it. there's political backlash in that. the meeting starts in about an hour and half. it could still go south but we expect it to go through. >> thank you for keeping us updated. we are moments away for more news out of ft. hood. the first and only official statement on the guilty verdict against nadal hasan. moments aye away.
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new push back from the lone star state as the obama administration challenge its rights to make is own laws on voter id rules. texas governor rick perry is here to tell us how the state is expected to take on the challenge, his first interview on cable news next. >> other states have put this into place. the supreme court has found it correct and right except this administration wants to continue to mess with texas. alanced. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. [ male announcer ] glucerna. helping people with diabetes find balance.
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fox news alert ft. hood texas, we are awaiting the head of ft. hood public affairs. he's expected to be delivering what is likely the only statement we will get from the scene after convicted shooter nadal is convicted on 45 counts. casey segal has been covering this through the trial and verdict and standing by as we stand by. casey. >> reporter: tom is his name. he has been covering things and the ones we have been getting a lot of our information from as he has been addressing press from all over converged on this military post the last four weeks for this court-martial. we're not expecting any family members to talk, we should point that out. we have an at the same time released from the attorneys representing the family members in the ft. hood atook in 2009. they have said they will wait on making any kind of statement until the sentencing is
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complete, which should take only a few days. that is going to start on monday, according to the judge, instructions to the panel members this afternoon, once that verdict was read. the sentencing phase is going to take about two days. we're going to hear from each of the family members of those who lost their lives. so 13 different family members are expected to make emotional impact statements during that sentencing phase starting on monday. then three additional people. so 16 additional witnesses that are going to be speaking in front of the court and the panel. tom rinelander, head of public affairs is supposed to take to the podium any minute and once he does, we will show it live on fox. >> thank you. we will come back to you live as it happens. there is a big battle shaping up in the new war over who gets to vote and how. it started with attorney general
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eric holder going to court yesterday to block texas's new voter id law. the legislature put the rule in place after the supreme court struck down a decades old act that required some states to get federal approval changes for voting law. this new lawsuit marks the fed's latest attempt to control texas in another way. joining us, governor rick perry. good to see you today. >> shannon, thank you. >> the justice department says basically they don't want to see the states using the recent supreme court decision declaring open season on voting rights. is that what you're doing by requiriing people to have an id at the polls? >> you're seeing this administration continual attack on this state and the 10th amendment from the standpoint when you've already had the supreme court ruled that section 5 in these states dealing with the voting rights act were living up to their requirements and they removed those and this administration, eric holder, the people hov -- people of the
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state of texas said it's okay what they don't agree with, they will spend more dollars and more time and take on the state of texas and people of the state of texas. i think it's a clear indication of their disregard for the constitution and disregard for the rule of law. >> this is what the justice department's complaint says in part. the texas voter id law you signed was adopted with the purpose and will have the result of denying or abridging the right to vote on account of race, color or membership in a language minority group. how do you respond to the accusation lawmakers there, including you, who signed this into law, that was your purpose? >> well, again, i think this is a great indication of this administration's use of race at the drop of a hat, if you will. the idea that the texas legislature is doing anything other than trying to defend the sanctity of our voting process. this is about making sure people
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who are not supposed to be voting do not vote and skew those elections. the idea that the administration thinks this is anything other than their way to affect texas elections, it's about making sure that we don't have people that are abusing the sacred right of voting. >> how do you respond to critics who say there are hundreds of thousands of people in t don't have the right id to go to the polls now, what are their options? >> the way the legislation is written, they can get a free id. the idea is again that you cannot go vote is nonsense. this is not a hurdle at all. it is about making sure that we have the sanctity of that voting booth is kept legitimate and people who are supposed to vote can vote and those that aren't supposed to vote cannot vote. shannon, you have to have an id to get on an airplane or to go to the library to check out a book at a library.
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why in the world would you not want to make sure you could keep our elections safe from fraud by requiring a voter id? other states have put this into place. the supreme court has found it correct and right, except this administration wants to continue to mess with texas. >> yes, they do, because there are other lawsuits they have against you as well. they're going after you about the redistricting plans for voting maps, those kinds of things as well. >> they are. >> and other lawsuits as well. what's the deal here? you guys not getting along. >> if they're looking for a fight when it comes to the people of the state of texas, i can assure you my office, the attorney general's office, the majority of the legislature, by a substantial margin, are willing to push back against this administration. again, they disdain the idea that they have the right to decide issues in their state. it's their way or the highway so to speak. texans are fed up with it. i will suggest to you people all
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across this country in a great many states are fed up with them coming in, trying to tell them how to live their lives, when in fact the supreme court of the united states and legislatures all say that what those states are doing is fine and correct. this administration doesn't like it so they're going to use their power to push through their agenda regardless of whether the people like it or not. >> just so folks are aware, if they're not, that supreme court decision okaying voter id was written none other by justice paul stevens now retired not exactly a right winger. looking beyond, you are not going to run for governor again. are you going to run for president? >> we will make a decision over the course of the next 12 months. i would suggest i will be the governor the next 18 months. i will spend a lot of time talking about red state vs. blue state policies, why texas is leading the nation in the countriation of jobs. we'll be traveling across
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america, going to missouri to talk about how that state could be more competitive by allowing taxes to be reduced. that's a good conversation to have in a very civil and thoughtful way to challenge legislatures and other states to look at their tax policy, regulatory policy and make sure they have a skilled work force and states to really compete against each other, i happen to think that's how you make america substantially stronger, not by having one size fits all as the obama administration would like to force upon us. these 50 laboratories of innovation of really putting good ideas and innovation into play. let the people in those states and across this country decide where they want to live, what type of government they want to live under. >> so speaking of 2016, the field, as it shapes up now, there seems to be some jockeying between a couple different factions, more libertarian leaning and those more
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traditional gop folks. where would you fall? how do you think that will shake out as you get to a nominee? >> it's a long time between now and 2016 for sure. people will have the opportunity to lay out their ideas, their visions and what have you. we will continue to talk about what is a very strong suit. i think what americans really care about. that's how to get this country back working again. what are the policies tack-wise, regulatory-wise? what is the role of the federal government. obviously you have a very activist one now that thinks they ought to be involved in everything under the sun. some of us think washington ought to do a few things very well and be inconsequential when it comes to issues the states need to be making decisions on. >> the old 10th amendment. governor perry, thank you for your time, sir. >> thank you, shannon. a fox news alert out of ft. hood, texas, we are just hearing from the ft. hood public affairs, giving what is expected to be the only statement we get
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from the scene after the conviction of nadal hasan convicted on 45 counts. let's listen in. >> at 12:35 p.m. today, the panel of officers seated for the trial of the united states versus major nadal hasan returned a verdict with a unanimous finding of guilty for the first charge of 13 counts of premeditated murder. and guilty of 32 counts of the additional charges of attempted premeditated murder. the sentencesiing phase of the court-martial will begin monday 26 august at 9:00 a.m. thank you. >> don't forget, the penalty phase again starts on monday. death penalty is on the table. we'll cover that and bring you all the latest as it happens.
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just ahead, we'll show you the popular news website that will no longer allow you the readers to comment unanimously. instead, it will require you to use your real name. see what it could mean for some of your favorite websites. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. popular news website that will r yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief! . . . to help her get the nutrition she was missing. and now she drinks it every day. well, it tastes great! [ male announcer ] boost drink has 26 essential vitamins and minerals,
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a kentucky theater owner is refusing to show the hit movie "the butler" because of one of the stars in the film. jane fonda. she plays former first lady, nancy reagan in the movie. the theater owner is a core kor war veteran and trained hundreds of pilots who fought and died in the vietnam war. when the actress was pictured sitting on anti-aircraft gun that likely killed some of his pilot students he and many americans were outraged. >> jane fonda had a wonderful opportunity to show the world how horrible our prisoners were being treated yet she decided to call them baby killers and
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support our enemy. >> it's not the first time he has banned a movie with fonda. in 2005, he decided not play the actre actress' last big screen appearance. today, he say as lot of folks are standing with him. the days of unanimous commenting on one news site are numbered. the founder and editor-in-chief of the "huffington post," arianna huffington announcing starting next month that site is going to require any who wants to comment to give their real name. she argues that freedom of expression is given to people who stand up for what they say and don't hide behind anonymity. media reporter and fox news contributor joins us with some reaction. what do you think of the proposed policy? i guess it will be the real deal starting next month. >> absolutely 100% categorically for it. if not, it's a license to sling mud. you and i have both been splattered by people who feel
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they can hide behind the shield of a fake name and say anything they want. i talked to arianna. i reached out to her. she said to me she's not getting blowback from this and that most people think it's a positive thing to do. >> i mean, there's so many sides and ways to look at this. as you mentioned, it's so easy for people to use a fake name doesn't look like a name, numbers and symbol, how they log onto twitter or facebook or websites. there seems to be a disconnect. they don't think there's a person on the other side of that. they can have license to say a whole lot of things they might not say to your face. >> i think that's very true. we've seen that in several occasions for smaller sites that do have you make sure you use your real name. if you go on them, you can sense the tone of that community is completely different from a site that doesn't require that. you know, "huffington post" can really be a leader here in this space. 25,000 comments an hour go up
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doesn on to that site. it's a behemoth. by arianna taking the lead on this it may mean others will follow. >> how in the world are they going to polices there? i know enough technology to get around and cause a little trouble on the internet. people are way more skilled, and kids, i feel like they will know a way to get around this and use false identities. >> first, it's very costly for 230eks folks to do this, huffington post do this. it's hard to enforce. i don't think you can enforce every single person and every one who will do it. if it changes one comment from really negative hate speech to positi positive, i'm for it. >> you mentioned hate speech. we get to the definition who defines what hate speech is. we see increasingly there are counties and towns outlawing certain words or view points. some argue the only way you may be able to express something in
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your opinion is not hateful, a legitimate opinion online for some articles is say i don't want my neighbors and co-workers coming after me for saying something unpopular. i like to be able to tell real life stories and give my opinion and not use my real name or accused of hate speech. >> if you're going to say it, own it. you shouldn't be hiding behind this mantle. it is not a violation of your first amendment rights to have to put your name against something. i don't think that's what the founding fathers had in mind. i also believe very strongly that if you are going to make a comment that is negative and you don't want your neighbor to know about it, you might want to think twice about making that comment. >> how influential do you think this will be? "huffington post," they get thousands and thousands, tens of thousands of comments at any given time. if they do it, if folks think it works, they see how it's working there, how influential do you think that will be?
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>> arianna is a leader in this industry. look at the sites she's put together. i think a lot of people will be watching. is it cost effective to do something like this and does it really change the tone of the site? some people say it doesn't. people will say mean things and rude things no matter what. to a degree, i think that's probably true. however, one person, two people, you can change three people from being just a downer and ruining this experience of commenting on the site, i think is a good thing. >> all right. thank you very much. by the way, lauren is going to be part of a new show coming up with howard kurtz. look for that very very soon. good to see you today. >> thank you. a bizarre medical case has doctors scratching their head. a man dies at the hospital, but not for long. the amazing story of a man's shocking experts and thrilling his family when he actually woke up from the dead. >> i said, dad, you're not going to die today.
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night. doctors there trying to stabilize his heart but he was pronounced dead. then 45 minutes later his heart monitor began to show signs of life. the patient's teenage son rushed into the room. >> i pointed at him, and i said, dad, you're not going to die today. i stood there for about a few more seconds and i was about to walk back to, you know, comfort the family. >> everybody started telling me how it happened and that's when
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i started to understand a miracle happened. >> the patient was airlifted to another hospital where he spent five days recovering. he says he had no prior medical condition and has no medical explanation for his miraculous recovery. a new chapter for hen ret ya lax, the woman who died of cervical cancer in 1951. doctors removed some of her cancer cells without her consent. using them ever since for thousands of studies. her family never had a say in it until now. dr. mark segal is live with the story. hello, doctor. >> hi, shannon. when henrietta died, her cells continued to grow and grow becoming the most useful cells in the history. science. they have led to cancer cures and life saving vac keens and new drugs. they're now the first cells to be genetically mapped, but all along they have been used without anyone's permission. earlier this year henrietta's
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genetic code was published on the internet raising new privacy concerns for her descendants who share her genes. concerns that we will all face when our own genes are decoded. >> we've got to maintain some kind of control over the information out there because we don't know what damage it will do. nobody is concerned about privacy until the lack of privacy comes back and burns you. >> the national institutes of health brokered a deal with the family this month. nih director frances collins believe they will now have some control of henrietta's cells without slowing the wheels of science. >> you would wish that perhaps that at that time we had had more thought put into the whole issue of informed consent and privacy. that was just not the norm at that point. we have moved a long way in those 62 years to, i would argue now, a greater sense of sensitivity, but we're still on that pathway, and we shouldn't be too smug about it. >> are ra becca, author of the
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immortal life of henrietta lacks which brought international attention to the story and is still selling millions of copies, says that some people feel their soul is in their cells. they simply want to be asked for permission before their dna becomes the subject of science. shannon? >> doctor, is there any indication or do we know if there were other similar cases and maybe the discussion in the book about this one could prompt some others to surface? >> that's a great question. this is the most important case because these cells have been used more than any other cells, but now that we're unpacking the genome, and this is the first time any cell has been unpacked, this is going to apply to anyone who has got a disease that we're looking into and trying to come up with a cure. this may apply to everyone out there in the future. shannon? >> all right, doctor. thank you very much. really interesting story. it has been almost a year since the terror attack that killed four americans at our consulate in benghazi, and now the team tasked with catching the suspects is reportedly on its way home, with no one under
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