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tv   Fox News Night With Shannon Bream  FOX News  September 21, 2018 12:00am-1:00am PDT

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of a candidate. >> laura: confirmed, yes or no, in the end, is he confirmed? >> it depends on how the hearing turns out. he has a good a shot because if they can hold the g.o.p. >> yes, or they lose the senate. >> laura: great panel, love the panel. live coverage of president ive coverage of president >> great panel, love the panel. live coverage of donald trump's rally continues with shannon bream and i'm taking 9 seconds of her time. shannon: thank you very much. welcome to fox news at night, this is a fox news alert. the attorney for brett kavanaugh's accuser negotiating with the senate judiciary committee around-the-clock, exclusive information about the demand they are making and we will monitor the president's campaign event in vegas but with new developments in the battle over allegations of attempted
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rape by supreme court nominee with an otherwise impeccable reputation let's revisit with the president said about brett kavanaugh's case. he has talked about it more than once. >> reporter: if he has. it took a little longer than expected to get the president to the stage but the crowd was fully engaged and ready to hear from the commander in chief, not just here to talk about his supreme court nominee but a spate of gop candidates, supporting dean heller in a dog fight for the senate seat, trying to keep that for the republicans. he talked about brett kavanaugh and was very careful in showing support for brett kavanaugh, nothing about the woman who accused him of assaulting her when they were in high school. >> i'm not saying anything about anybody else but i want to tell you that brett kavanaugh is one of the finest human beings you will ever have the privilege of
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knowing or meeting. a great intellect, a great gentleman, impeccable reputation, went to yale, top students, went to yale law school, top student so we got to let it play out but i will tell you he is a fine fine person. >> reporter: a fine fine person is what the president had to say, you might have heard a smattering of blues, there were a couple protesters to my right and left. but a lot of support for brett kavanaugh. he wanted to talk about the midterm. he said it was important that the people in the building and all gop voters get to the polls for the midterms. >> we have to get out for the midterms.
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promise me you got -- don't be complacent. you got to get out for the midterms, got to vote, got to vote, we need more republicans. when they say we have a majority it is like this. it is like this. if somebody has a cold we don't have a majority, they say. it is like we have to have more republicans in office, we will get everything we want so bad. >> reporter: obviously that would include dean heller, the senator, he is hoping there is enough support to push him over the finish line. he is trailing in some polls, leading in others, the president talking about that and more. to shannon: brett kavanaugh said, quote, i will be there monday. is accuser's attorneys negotiating about potential testimony but they say monday is a no going to bunch of other strings attached.
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kristin fisher following new development late tonight over donald trump's campaign event. >> reporter: 24 hours from the deadline set by the chairman of the senate judiciary committee, brett cavanagh's accuser to decide if she's willing to testify on monday. negotiations ongoing between the committee and christine ford's legal team and two sources confirmed for the conditions her legal team his condition on. first, they don't want any lawyers to do the questioning, only members of the committee. second, brett cavanagh cannot be in the room. finally they want brett kavanaugh to go first is one of those is a nonstarter. a senior staffer told fox it makes sense for the accused to follow and respond to the charges. brett cavanagh would obviously follow doctor ford. there is distance between the two sides. one thing notably absent from the list of demands is the request for the fbi to investigate.
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>> i don't know how an fbi investigation would help unless they locate witnesses that corroborate or contradict. there are no forensics to analyze. the fbi can't interview her and brett cavanagh and repeat what they say. you can't determine credibility that way. i hope she will testify. i think she will be treated fairly. >> reporter: democrats on the committee say republicans on the committee are not treating her fairly. >> they are giving her an option. the option is show up monday or don't show up at all. i consider that to be bullying. i consider that to be disregarding. i consider that set up for failure. they would like a he said she said scenario because you know what happens in those scenarios? the men i typically believed. brett kavanaugh says he will be there monday and the chairman of
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the senate judiciary committee, he says i continue to want a hearing as soon as possible so i can clear my name. the moment i heard this allegation i categorically and unequivocally denied it. i remain committed to defending my integrity. his confirmation team is continuing to proceed as if the hearing will happen on monday but tonight that hearing is very much in question. shannon: we know the attorney for christine ford demanding from the senate judiciary committee in exchange for the controversy one of the most controversial points, make brett kavanaugh testify first. white house spokesman for the brett kavanaugh confirmation process, thanks for making time tonight. i want to read something, we heard the president talk about his support for brett kavanaugh but this is what they said, wasn't clear how committed
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mister trump is to the nomination. a person close to mister trump views him as the pic about going white house counsel don mcgann and won't lose any sleep if he has to do something else. one reason trump hasn't gone to the mat for brett kavanaugh is he is suspicious of his establishment pedigree. that is in contrast with everything he said publicly. >> the white house is 100% behind brett kavanaugh for good reason. this man has an incredible record, 12 years and the most powerful court in the country. yale law, yale undergrad, advocate and mentor, professor, a great dad, great member of the community, engaged in community service. the white house is 100% behind brett cavanagh. shannon: the senate judiciary committee started to put together their investigation he testified under penalty of felony, they have his testimony,
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but democrats say he needs to take another step. >> brett kavanaugh has not asked to have the fbi review these claims. is that the reaction of an innocent person? it is not. shannon: what does that say about what the fbi's role is and that brett kavanaugh has not said anything about whether an investigation should take place? >> they conducted 6 background investigations on brett kavanaugh, the allegation never emerged once. he has been vetted thoroughly by many senators at 65 meetings, i was at most of those meetings, they did happen, 30 hours of public testimony in the list goes on. a closed-door session with anything they wanted in the fbi submitted their background investigation through the senate
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to the white house as a courtesy and when these allegations that arise it was added to his file, given to the white house, the white house gave it to the senate judiciary committee and we have a public hearing, chairman grassley and the other senators want to hear from ms. ford and brett kavanaugh is chomping at the bit to clear his name. he wants to be there. >> chuck schumer said senate republicans and the white house should drop their opposition to an fbi investigation, allow the facts to come out and proceed with a fair process. is the white house opposing the fbi? people look at the situation with clarence thomas and anita hill and the white house supported putting together a thorough investigation. >> there is a big differences, one of the biggest ones that has
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gotten lost in the conversation is when anita hill made her allegation it was privately. it was submitted to chairman biden who gave it to the white house, unlike senator feinstein who sat on it for 6 weeks knowing she could have brought it up anytime or given it to her colleagues and then at that point the white house decided to do interviews and the hearing after that, it was public information. the purpose of an fbi investigation is to keep things confidential and private because that ensures people will speak with candor and they can be anonymous and that is not where we are. everything is public. the fbi has done its job, the senate judiciary committee has done its job and they are looking seriously at this allegation. shannon: we are all paying very
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close attention. the media playing up comparisons of brett kavanaugh's nomination to when anita hill stepped forward and clarence thomas sexually harassed her. here is some background. >> my name is anita hill. >> reporter: the story was graphic and specific accusing clarence thomas of creating a hostile work environment at a federal government agency. she outlined her allegations during thomas's 1991 allegation hearings. >> he did not ask me to have sex, he did continually pressure me to go out with him, continually. >> reporter: thomas denied all allegations calling it high-tech lynching. >> this is a circus, a national disgrace. >> reporter: the parallels are striking. both who served on the same federal appeals court and both worked for republican presidents. initial hearings and wrapped up before the allegations became
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public forcing a restart in the senate judiciary members in 1991 world white. today the gop majority remain so but four of the ten democrats are women including its ranking member. thomas's fate was decided as a partisan political matter, a he said she said that brett kavanaugh is facing. >> along with millions of other women i watched in horror as an all-male judiciary committee interrogated, be rated and maligned -- >> we don't want this to be a 3 ring circus. we want this to be an orderly and dignified presentation. >> reporter: there are major differences, the claims against brett kavanaugh involved teenagers, no, the complaint filed by the victim. the democrats took a go slow approach pushing to have hill and thomas testify separately in person. the current gop majority the cover to resolve the matter sooner rather than later.
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under president bush the white house asked the fbi to update the background check with new allegations. donald trump declined to do so in the case of christine ford and brett kavanaugh. hill says democrats were right to insist on an fbi probe. >> the right move. >> reporter: brett kavanaugh went to georgetown, both very the washington dc area prep schools, some alumni of ford's on modern have 1000 signatures that says what ford is alleging is all too consistent with stories we heard and lived, many of us are survivors ourselves. classmate appeared with democrats today. >> we believe doctor ford and we are so grateful to her for coming forward and sharing her story. sexual assault is a problem across america and needs to be heard and believed.
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we are so in our of her courageous nurse. the community stands with her which is why we put the letter together. i hope she gets the message that we have her back. >> what the republicans do? stick to monday or give her more time? the president of the alliance for justice, guy benson is political editor of townhall.com and welcome to you both. i want to read through what we gathered about the conditions, no lawyers can ask questions, questions can come fromvanaugh and he must go first but i didn't practice for many years but i have never seen the defense go first. >> it is too early to say what will transpire. i will say as we saw from that
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clip that everyone in america will be looking at how this is handled and how it unfolds. it is clear that she is serious, it is a credible allegation. it is important she talk about it. and after all, brett kavanaugh has no right to a seat on the supreme court, no one does. it is a privilege. he will have to show at this hearing that he really is capable and fit to sit on the highest court. he has the burden. shannon: we can debate that. this is not a trial in the sense of criminal trial, it is a senate hearing. he says he's happy to come back and looking forward to it but republicans have to bend over
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backwards to accommodate forward. they mustn't be bullied. if he is innocent better for democrats to make themselves ridiculous as republicans follow the process to the end. >> if the requests are reasonable they can accommodate many of them. of her lawyers went this to happen wednesday instead of monday, fine, that is not a sacrosanct day. if they have questions about who will ask certain questions, having mark judge brought up and questioning is reasonable to ask. it is not reasonable to dictate who is allowed to ask questions. it is not reasonable to say we want to go second and make our allegation after the defense goes first. the fbi investigation thinks it will be dropped by then which is positive. i don't think it is fair to say the burden is on brett kavanaugh
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to prove a non-falsifiable claim with no corroborating evidence from the time. anyone can throw in allegation. it is a serious allegation, i have no idea if she is telling the truth or not, none of us know. it is a dangerous standard to say the accused has the burden of proof to disprove their guilt because how could he do that to your satisfaction? shannon: let me read something, ford's team has behaved as if she doesn't have to prove her case and the request she do so is fundamentally oppressive. she submitted her claim and got to a defense of crowd with allies like kiersten jill a brand claiming having her testify was somehow silencing her. >> she does have a credible claim and it is clear that she has been living with it, hunted by it for most of her life. there is evidence to that effect, her husband has talked about it, she talked about it in therapy, this is very real.
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she will, if this goes ahead, present her case and i am sure she will present it well. it is brett kavanaugh who has to show the american people and it is the senate that will be put to the test as to whether or not it can fulfill its advice and consent responsibility. it is interesting. just from the very beginning of this nomination republicans have railroaded brett kavanaugh through the senate and their mission here -- shannon: the facts, the timeline is the same we saw for brett -- neil gorsuch -- >> so much more. time at the white house, the federal government, what does this administration do? withheld 100,000 pages of
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documents based on executive privilege just like donald trump's taxes. it withheld 93% of brett cavanagh's record. >> that includes documents he did not right. >> there were emails, memos. shannon: if his name was on the email they wanted to see it. i want to play something else about this. >> this is not fair. i'm counting on members of the press to point out this is a fast track, we are totally intent on getting brett kavanaugh onto the supreme court come hell or high water. >> she talked about the feeding brett kavanaugh and holding the seat open for two years, giving away the intentions here. this is not an unfair process. the president won the election, nominated this man, the time
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horizon is similar to similarly situated nominees in recent history. it must be said diane feinstein, ranking member of the committee on the democratic side had this information the two month and sat on it and it happens to leak out after the hearings and the week before the vote. >> that does a disservice to the accuser because people immediately question this. we got to leave it there. i hope you will come back because i have a feeling it is not over. thank you very much. more on the brett kavanaugh case, the contentious confirmation process backfire on democrat and rally the gop base? the president thinks so. >> we need more republicans. when they say we have a majority it is like this. if somebody has a cold we don't have a majority they say. it is like we have to have more republicans in office.
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♪ >> shannon: 47 days until the midterms, there
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>> 47 days to the midterms, there will be a clash in texas between ted cruz and beto o'rourke. we have the latest although in this tight race. >> reporter: when beto o'rourke faces off against ted cruz you can expect o'rourke's recent comments to be center stage including i raising remarks he made during a townhall m university in texas. the subject was justice reform and he take aim at police officers making a statement about racial profiling saying african-americans are stopped, searched, even shot based on the color of their skin. and he made this analogy. >> solely based on the color of their skin. some call this the new jim crow.
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>> reporter: sounded like he was comparing police actions to laws that once enforced racial segregation in the south. the campaign says he was not referring to police. the ted cruz campaign has gone after o'rourke for an anti-police stance including a statement that nfl players who neil for the national anthem are not disrespectful. anthem dealing initially began as a protest over alleged police brutality. later in the townhall, o'rourke appeared to indicate we need more immigrants to work jobs that americans won't work. as an example, use a cotton gin in his hometown of roscoe, texas. >> knocking down the wages or number of hours.
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>> reporter: despite saying nobody in america will work a cotton gin the o'rourke campaign says the meaning is being misconstrued and he's pointing out without mexican and central american migrants some jobs will go on worked. tomorrow marks the first of three debate between ted cruz and beto o'rourke. shannon: is anybody's guess how long this will take the conventional wisdom was the delay would favor the democrats but nbc political reporter on the bill press show thinks it could be worse for the left. >> delay get another weekend putting it closer to the midterms will not be helpful to them because republicans historically been much more motivated by supreme court nomination then democrats. shannon: former clinton pollster doug shoen.
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who does the favor? democrats would love to delay it beyond the midterms and retake the senate but what does the delay do? >> as of literally today the wall street journal is out with a poll that shows not surprisingly republican attitudes are hardening for brett kavanaugh. democratic attitudes particularly democratic women against brett kavanaugh and independents moving against brett kavanaugh as well. i think it could probably with the partisans benefit both sides. the independents being the key group. right now they are moving anti-brett kavanaugh. it depends on what happens next week. we are in uncharted territory here and whether doctor ford testifies determines the ultimate impact. shannon: washington post said red state democrats find
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themselves in a lose lose situation. a vote for brett cavanagh would be an easy way for democrats like senator donnelly, heidi heitkamp, joe manchin to remind voters they are not intimidated by the angry left but now it is hard to see how any democratic senate will get a pass from party leadership. >> that is a very fair proposition. with the polling i just cited democratic attitudes are hardening and it will be tough if doctor ford comes forward in some way for democrats to support her -- him, in states that are like north dakota, indiana, montana, where they need republican and republican leaning votes to get reelected in tough states that donald trump won. fair point by the washington post. shannon: if swing voters,
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traditionally republican leaning white women with college degrees perceive republicans as disregarding ford's claim, it will leave a mark. from the white house on down, gop members of the senate judiciary committee and beyond, republicans are trying to be careful the way they handle this, their attitudes and respect towards doctor ford. >> chris*walt is right, that is what the polling is showing, independent women are sensitive to disrespecting or not heeding the concerns of doctor ford. at this point the independent women, the democratic women are hardening in their attitudes against doctor ford and other reporting suggested the white house might be in a position if she testifies and appears credible that they might have
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to. this is a big if, might have to pool brett kavanaugh's nomination but we are a long way from that but that is in the realm of possibility. >> reports are on the record, a lot of democratic background, she works for vice president biden during the campaign once named to the ticket and deputy communication director in the clinton white house and has linked up with doctor ford to get her through the process, looks like a partisan alignment. is it hurtful to doctor ford who is seen as a democratic operative? >> it is and the conditions as articulated by doctor ford's team as i understood them particularly the notion that brett kavanaugh has to go first, that is not realistic and if it becomes totally partisan i don't believe either side will benefit
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and the entire system will lose when we have partisan knockdown drag out fights with no clear winner, no beer -- clear truth. shannon: most americans want to hear both sides and compare the stories. >> that is what i think the situation deserves and requires. shannon: she refused to testify before house panel some republicans may subpoena nelly ohr to learn what she knows about the dirty dossier, catherine herridge has the story. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. add-on advantage.
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>> shannon: there appears to shannon: there is a hiccup o congressional efforts to expose deep state bias against donald trump. katherine herridge joins us to explain why. >> reporter: congressional sources tell fox news that nelly
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kim jong un 6 whose justice department husband became a back channel for passing along information during the 2016 election has refused multiple requests to appear voluntarily before two house committees and a subpoena is under confederation. oversight committee spoke to nelly's husband bruce kim jong un 6 -- during the hillary clinton email and russia investigations. bruce kim jong un 6 testified about christopher steele and refused our questions. >> you authorized your time package to the fbi, were you acting alone or did you have authority from a justice department official? how did your wife benefit from dossier? did you have a conflict of interest? >> reporter: fox news learned the fbi former top lawyer james baker is refusing to appear voluntarily and republican committee aid said they would compare his testimony and kim
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jong uohr's. any hold up is not about national security. >> i have read it. some of it is embarrassing for the department of justice and some of it embarrassing for the fbi. embarrassment is not a reason to classify something. a lot of it should be embarrassing to john brennan and therein lies wife he's so adamant this information is not released. >> reporter: no immediate response from attorneys for baker and or. shannon: nikki haley fires back at the new york times. un ambassador nikki haley not holding back in criticism of the new york times after they were forced to retract this story, haley saying the damage had already been done. >> if you are in public service this is the life we live every day.
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just a matter of this one got through. we are stopping stories every day that aren't truthful or don't have the facts. shannon: governor jerry brown vetoing a measure that would require all the high schools to start no earlier than 8:30. that decision should be left to individual school district. governor brown signing a law banning plastic straws unless a patron asks for one. the all going to affect any way for several fine restaurants $25 today following written warnings for the first two violations. scooters are popular trend in washington dc, the anti-gun not thrilled about what some are doing. they will impound the ridesharing vehicles. they found 7 scooters abandoned in one day alone. another summit between the us and north korea, kim jong un wants to meet with the president again and sent a message to the commander in chief. what happened?
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general jack keane is here live next.
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shannon: the trump administration imposing sanctions on the chinese military for buying fighter jets and missile systems from russia. violation of sweeping us sanctions law punishing moscow for meddling in the 2016 us election. the sanctions are related to the purchase of 10 warplanes in 2017 and equipment related to a surface-to-air missile system earlier this year. during his campaign event tonight the president touting his foreign-policy a compensating he is pleased with the way talks are going with north korea. >> we made a lot of progress, relationships are getting better and better. we have our hostages back and there is no more nuclear testing and no testing of missiles and rockets over japan. we are doing well. shannon: let's bring in general
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jack keane, strategic military analyst, great to have you with us tonight. mike pompeo has said this will mark the beginning of negotiations to transform usd prk relations through denuclearization of north korea to compete pleaded by january 2021 and construct a lasting peace regime on the korean peninsula. that is quite a timeline. >> that is a mouthful. the trump administration wanted it done sooner rather than later, they said this is a process that would last several years, this looks like a compromise but these milestones are only targets. there is progress being made, the relationship has improved, that is indisputable but the united states central policy is denuclearization.
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that means dismantling, disarming nuclear weapons and doing the same with ballistic missiles and not a single one of those has been identified, located, the type of weapons verified yet and a detailed program to execute them. that is what the administration has been waiting on. shannon: we talked about when the administration canceled mike pompeo traveling to north korea. he may try to meet with his counterpart as part of the united nations gathering in new york next week. what does that mean if they have a conversation? >> all these conversations to include another meeting with donald trump and chairman kim those are all positive things. talking is better than sending nasty letters back and forth with each other and the same thing in language and rhetoric so yes. but i believe mike pompeo will make a strong demand for what we have been seeking and that
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includes what i just suggested and if he doesn't get the details of that i doubt if he will go to north korea and have another follow-up visit but i suspect there will be another summit because donald trump looks at this differently. he doesn't have a problem with diplomacy that begins at the top and the staff and others work out the details and agenda after that. in the past most presidents work bottom-up and when the summit takes place the issues have been resolved to a large degree and there may be details to be worked out in the summit but staff worked out those issues. this is different. the president puts a premium on relationship building so i suspect we will see another summit between the two of them. i hope it is only because we have made progress at the lower levels. shannon: i want to ask about
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former secretary of state john kerry talking to folks in iran with respect to trying to revive the deal this president walked away from. >> this is a frustrating thing for mike pompeo. i don't believe he enjoys having to criticize john kerry for not criticizing former us policy but undermining it and trying to deny the fact that he has done that when it is widely reported he has done it with the iranian's on multiple occasions in the united kingdom, germany and france as well telling us what is going on. he characterizes it as unseemly. i would at it is very irresponsible to do something like that, really quite unprecedented. i have never seen anything like it and i don't think anyone else
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has either. shannon: mike pompeo said he did not plan to follow sue's when he was secretary of state. thank you. coming up another mass shooting, this time different from most of these tragedies. the latest on the aftermath and cleanup of hurricane florence, still very much a dangerous issue when we return. you know, i used to be good at this. then you turn 40 and everything goes. tell me about it. you know, it's made me think, i'm closer to my retirement days than i am my college days. hm.
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>> shannon: it has been almost a full wee shannon: a full week since hurricane florence made landfall on the north carolina coast. recovery efforts very much ongoing. thousands of people waiting to go home. 125,000 homes and businesses don't have power, many roads are closed and rivers begin to crest. the storm blame for 41 deaths, four people dead, others wounded
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in northeast maryland following a shooting at a rite aid warehouse and many questions why the suspect who is now deceased did it. >> mostly showed up at a rated distribution facility is scheduled. mostly armed, and shortly after assignment shot herself in the head, wound she did not survive. >> we do not have a motive yet, everything being explored. i would not say it is high on the possibility scale. >> first responders on the 911 call and worked with fire and ems teams where they did and trying to spot the shooter. and they mirrored techniques during recent training exercises.
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>> the sheriff department, fire, ems, allied agencies, volunteers performance perfectly as they carried out their duty to isolate and bring this incident to a close, they perform at the top of the game. >> midnight heroes, marines and firefighters, and public housing complex on fire. 3 marines stationed nearby showed up and got residents out of the burning building. and numerous ground units to contain the fire but thanks to the marines and firefighters, and they are all heroes. see you tomorrow.
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shannon: it is friday, september 21st and this is "fox
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and friends first". happening at 4:00 am on the east coast, supreme conditions, brett kavanaugh's accuser releasing a list of demands before she testifies but will republicans let her call the shots? live in washington with new development. >> you don't have a border you don't have a country. shannon: putting democrats on glass, donald trump demanded lawmakers pay for his border wall. can congress deliver? letting the beer flow. after 635 days brown's fans have a reason to celebrate. "fox and friends first" starts

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