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tv   Fox News at Night With Shannon Bream  FOX News  February 9, 2022 9:00pm-10:00pm PST

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>> greg: we're out of time! i'm greg gutfeld. i love you, america! ♪♪ >> shannon: hello. welcome to fox news @ night. i'm shannon bream in washington. breaking tonight, questions about a potential threat to free speech in america after the department of homeland security issued its latest terrorism advisory bulletin. opinions you have about topics like covid-19 and election fraud could get you flagged for selling discord -- sewing discord and undermining public trust in u.s. government
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institution. fox news investigates what it could mean for your free speech rights. biden administration is sticking with its mask mandates tonight. comes as public confidence in the president seems to be dropping even lower with approval ratings slumping into the 30's. for the first time, the bream team panel debates. plus, have you noticed a double standard when it comes to cancel culture? well, we have examples tonight of some media commentators and politicians savaged by critics while others get a free pass. media buzz host howard curtis breaks it all down. we begin tonight with the dhs bulletin. it seems to link "misleading narratives to terrorist threats." chief breaking news correspondent trace gallagher is on this very important case for us tonight. good evening, trace. >> reporter: shannon, good evening. the bulletin talks about foreign and domestic violence on things like soft targets, mass gatherings and religious institutions, but the very top of the bulletin meaning point
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number one appears to be targeting free speech quoting here, the proliferation of false or misleading narratives which sew discord or undermine public trust in u.s. government institutions, and both the dhs secretary alejandra mayorkas and the bulletin site multiple factors including, quoting, mis, dis, and malinformation introduced and/or amplified by threat. [indiscernible] that is threatening societal friction. those are gemmed up by those with grievances over election fraud and covid-19 guidelines. this writer thinks he fits the bill and says the biden administration considers him and joe rogan to be terrorist threats but critics are quick to point out when it comes to dishing out bad information, the federal government tends to lead the pack and not just about covid-19 but also things like hunter biden's laptop, wuhan lab
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leak and the border. it was the dhs secretary himself who said the southern border was, quoting, secure and not open and that the massive flow of illegal immigrants wasn't a crisis. so now the conservative watchdog to center to advance security in america is filing a freedom of information request to figure out how exactly the government came up with the terrorist threat guidelines and if the plan includes, quote, the use of the domestic security state to potentially target political opponents, wash free speech and deliver federal dollars to special interest allies. liberty council which fights for christian values is also reacting, quoting again, according to the dhs, any information or opinions that are considered antigovernment are considered a threat to america's national security. , however, antilaw enforcement ideologies such as those espoused by antifa and black
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lives matter aren't even mentioned. the advisory also doesn't mention drug cartels currently operating at the open borders and maybe that's because as secretary mayorkas says the borders are closed, shannon? >> shannon: so we've been told. trace, thank you very much. good to see you. >> you as well. >> shannon: still at large in buffalo, new york, tonight, following a shooting in a high school parking lot wednesday afternoon left a student and security guard wounded. senior correspondent laura ingle has details on that case and more in tonight's crime round-up. good evening, laura. >> reporter: shannon, violence erupts on a school campus, home invasion robbery and the case of the hamburger all in the last few days as crime continues to spike in new york state. all-too-familiar scene on wednesday as two people were injured including one student and a security guard at a high school in buffalo, new york. the incident was reported around
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3:45 p.m. local at mckinley high school where a source inside the school told local news outlets students and staff went into lockdown. home invasion robbery in brooklyn, new york, caught on camera. the disturbance home surveillance footage shows a teen masked wearing intruder and his cohort terrorizing a 32-year-old man in his high-rise apartment after they zip tied him on the ground and demanded money and expensive watches worth over $300,000. the victim says he was bum rushed after they placed a package at his door and rang the bell calling it the most traumatizing thing that's ever happened to him. in other brazen robbery news, it's the attack of the hamburglar. this is no mcdonald's character caper. this is the real-life meat-stealing case of a man in new york seen swiping 10 steaks and walking out the door of a trader joe's store. he told someone filming him he was hungry and homeless. two store employees were seen on video following him to the exits. one employee says they are directed to let suspected
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thieves go. one big capture that we can report tonight is one that garnered a lot of attention for the last two years. the u.s. marshals in atlanta nabbing one of ohio's most-wanted this week capturing 19-year-old adarus black who has been wanted for the 2020 murder of 18-year-old nakia crawford who was shot numerous times in akron, ohio, while running errands with her grandmother. police believe it was a case of mistaken identity. the u.s. marshals have been following lee's -- leads in six sites to track him down and tells fox tonight this is one step towards justice and bringing closure to the families. shannon? >> shannon: laura ingle in new york, thank you very much. more democrat-led states making the move wednesday away from continuing cdc guidance that recommends wearing face coverings and towards relaxing or eliminating masking requirements. correspondent madeleine rivera is tracking the latest developments on that front for us tonight. good evening, madeleine. >> reporter: good evening,
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shannon. there's a glimmer of hope as covid cases throughout the country drop and now more governors are choosing to lift mask mandates under pressure from people who are frankly exhausted by the pandemic. rhode island, massachusetts, illinois and new york all announcing changes wednesday joining five other states that are also making roll backs but masks will still be required in schools in rhode island and new york, a decision, they say, was based on science. >> we're going to continue to be adaptable and responsive to the changing circumstances, but, again, the trends are very, very, very positive. >> reporter: still, the move by democratic governors to ease masking rules ahead of cdc guidance adds to growing pressure of the agency and the biden administration to loosen restrictions. cdc director rochelle walensky argues even though the number of daily infections dropped 44% since last week, hospitalizations and death rates remain high. the white house says it is internally discussing the next
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phase of the plight against covid, -- of the fight against covid however right now it's sticking to the advice of public experts. >> it's important to note that masks are effective in reducing transmission at schools and other places. >> reporter: meanwhile, some states are working on legislation to make masks optional in schools. virginia senate passed a bill wednesday to end school mask mandates. the measure now heading to the republican-led house where it is expected to pass, too. and republicans georgia brother brian kemp is going to introduce legislation in the coming days that will allow parents the final say on masking for their children. >> it is my belief that parents have the tools they need to best take care of their children. >> reporter: walensky says the cdc is working on updating its guidance on mask-wearing but didn't say when they'll release that recommendation likely leaving many confused as they deal with a patchwork of policies. shannon? >> shannon: madeleine, thank you very much. >> reporter: you got it.
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>> shannon: democratic chair from los angeles county taking on the board of supervisors tonight over vaccination policy. sheriff alex villanueva is outraged over rules that could result in the termination of thousands of his employees, he says. >> they'll now lose their job this week. it'll be a long legal battle which i warned the board don't even start it this is how dumb the situation is. >> villanueva calls the supervisors' motion during the crime search "morally repulsive." he's concerned the lab the county uses, fulgent, he says has ties to china. ease the effective 12-day occupation in the nation's capital by truckers protesting pandemic mandates as another demonstration blocks one of the busiest border crossings on the continent, the ambassador bridge. molly line has that story tonight from ottawa. >> reporter: there's no end in sight to the littal and political gridlock in ottawa, canada, as the freedom convoy
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truckers vow to remain until covid-19 vaccine mandates are lifted. engines revving outside of parliament. >> i'm the last one to leave. this is my new address. yeah, i got my mail forwarded here. >> nothing extreme about wanting people to be able to make their own decisions in their homes that is the best decision for their families. >> reporter: leaders here in ottawa are requesting an additional 1,800 police officers to "quell the insurrection" but any law enforcement effort to move protesters will be complicated by the many, many kids on site. canadian prime minister, justin trudeau, is now facing criticism from within the tents. one party member slamming the policies of the parliament as one that stigmatizes and divides the people. >> we have a prime minister who refuses to lead and instead being is divisive. i have to agree with the m.p. louie hebert who says people don't know where public health
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ends and politics begins. canadians want their lives back. >> enough of the tyranny. >> reporter: demonstrators halting or delaying cross-border travel as far west as alberta and most notably in the ambassador bridge crossing between detroit and ontario raising concerns about economic fallout. >> this is a very, very serious potential impediment to what's already a very delicate supply chain. >> reporter: all this comes as a growing list of canadian provinces are working to drop their covid-19 restrictions, with alberta, country's most conservative province, dropping vaccine passports for restaurants right now and masks by the end of the month. shannon? >> shannon: molly line, thank you so much. why is the biden administration reticent to lift pandemic restrictions even as democratic governors across the country continue that momentum? what about the new dhs terrorism advisory bulletin that seems to
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potentially collide with free speech protections? let's bring in tonight's bream team panel to debate, democratic strategy kevin walling and the federalist co-founder sean davis. great to have you both back with us. >> thank you, shannon. good to see you. >> thank you. >> shannon: let's start here on the dhs memo. this is actually from the website. this is what it says, key factors contributing to the current heightened threat environment include number one, proliferation of false and misleading narratives which sew discord or governmental trust in u.s. institutions for example there's on line spread -- unsubstantiated covid fraud and covid-19. >> i find this fascinating mainly because i was alive and cognizant from 2016 to today and i remember how so much of the corporate media and the democratic party reacted to trump winning in 2016 them told us russia stole the elections and there was collusion and that the president was a traitor, and
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so i just have a really hard time looking at what happened in the past five years and taking anything seriously from this particular regime when they decide its only right now that things that are on the internet that might not be true or somehow a threat to the nation. >> shannon: alex is a former "new york times" reporter who's been covering the pandemic from the beginning doing a lot of investigative work has gotten himself kicked off twitter in part, at least, for making statements that were misleading then but are true on mainstream thought. the federal agency says to undermine public trust in government institutions is now considered terrorism, speech doesn't have to encourage rebellion or violence, generally much less against anyone specific. it's got just, quote, potentially inspire violence. who is misleading? misleading to whom and how? ni h, fauci, walensky, these
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people are saying things now that were considered misleading and will get you kicked off of social media months ago. >> shannon, it's important to look at the actual bulletin itself. i did. these service advisories go out all the time from the department of homeland security. it's a warning to law enforcement of sometimes the dangers with misinformation when it becomes weaponized like we saw on january 6th. this is not a specific action against any individuals or individual groups. it's a warning that this kind of misinformation especially around the election and the big lie could be dangerous as we saw play out on january 6th. now, again, attacking the cdc and the frustrations with that, i totally understand that, because their mind-set has changed, the science has changed to some degree seemingly as this pandemic has gone on i think the real danger is the continual pedaling of the big lie and it being weaponnized in state capitals and in washington. >> shannon: you mentioned
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that, that's definitely mention there had but obviously they talk about covid-19 repeatedly through this as well and the pew research program now has some interesting polling to several of these points on the eroding confidence in a number of people, public health officials, the cdc, the president -- we've got charts here that show people have lost their trust in a number of these institutions. the president is down 14 points in the time they've been lacking it. hospitals, health -- they've been tracking it hospitals and health officials, big dropoffs. public health officials, such as those in the cdc, dropped from 79% confidence down to 50%. sean, people have reasons that they doubt some of these folks. >> they have very good reasons for doubting it, and it turns out institutions lose people's trust when they lie to people for years, when they tell people that they have to ban them from the internet and sensor things -- censure things on twitter or facebook. we've heard a lot about disinformation or conspiracy theories.
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my experience over the last two years leads me to believe when i hear the term conspiracy theory, i translate that into my head as something that's true that's inconvenient to the people in charge of the government right now. >> shannon: well, that doesn't always turn out to be the truth for conspiracy theories but a lot of folks have felt that way over the last couple of years. let's talk about how this is impacting the president and his polling as well because he's dropped to a new low. the real clear politics averages have him down -- and this is presidents all at the same point in their first term -- president bush obviously coming after 9/11 and the country rallying around each other and him at that point, sigh very high number for him, but we see president obama at 48%. president trump at 42%. president biden now at 38.3%. kevin, from afghanistan to inflation to covid, people are very frustrated with this president and those numbers have got to be tough for the white house. >> they certainly are, shannon and i think you hit the nail on the head when you said numbers are down across the board with anyone in positions of trust
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because i think these numbers are reflective of just how frustrated the american people are going into the third year of this pandemic. we -- our hopes were so high in july when the masks came off and that was before delta, of course, and then heading into the fall and into the winter with omicron and i think those numbers are specifically reflective of covid, certainly inflation say concern as well. we're hopefully going to see that having peaked last fall with those numbers coming down in terms of the reporting going into spring, but certainly i think those numbers specifically are really focused on the frustrations around covid. >> shannon: well as always good americans should, we want the economy and covid and all of these situations to be much better for all of us and that our president would have success on those things. >> amen. >> shannon: we'd all like to see improve. kevin and sean, thank you, both, very much. >> thank you, shannon. >> thank you so much. >> shannon: tonight, the family of bob sagittary vealing the shocking death of the former "full house" last month stemmed
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from an accident blow to his head. he hit the back of his head on something in his hotel room, maybe thought nothing of it and went to sleep. there was no drugs or alcohol involved. the comedian was found dead on january 9th in a hotel room after performing in the area the night before as part of a stand-up tour. first up in tonight's real news round-up, the white house disputing reports of federal funds being used for crack pipes as part of a program to reduce harm to drug users. press secretary -- secretary jen psaki addressed it today. >> they have test strips and clean syringes and all the harm reduction services that will be supported by the programs are intended to save lives from an epidemic we know is devastating to communities across the country. >> shannon: senator ted cruz laying into president biden's
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controversial nominee to the fcc pressing gigi stone on when she disclosed the terms of a favorable settlement made between tv broadcasters and a nonprofit where stone was a board member. >> i've got to say miss stone, the timing of the settlement stinks. did you disclose the secret settlement agreement that settled it for 700,000 dollars, not the 32 million that was public? did you disclose it to this committee? yes or no? >> i did. >> you disclosed the 700,000 dollar secret settlement? >> no, because i wasn't allowed. >> shannon: in a reversal, house speaker nanci pelosi now says she supports possible rule changes to ban stock trades for congressional lawmakers adding such changes would have to be government-wide. the judicial branch currently doesn't have a ban on stock trading while the executive branch bans it for cabinet members and employees. how much would you pay for a diamond from outer space?
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>> shannon: leading tonight's viral videos a texas man coming up with a creative way to pull his sled around in the snow with his lamborghini. he gave his friend the ride of the lifetime across the margaret hunt hill bridge in dallas, texas. looks fun. we wouldn't recommend this. might have known some people who did this in college. there was no lambeau involved, and every lived -- and everyone lived, but they might have gotten injured. any way, dynamic duo showing off a strong bond at connecticut's mystic aquarium. courtney uses hand gestures and could check her vocals.
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inspector t gives nice big hugs. the aquarium says the two was paired together for years ever since clara was deemed not releasable by the government for reasons of health and say very cute video. if you're looking to put a ring on it for valentine's day day, you might have a shot at a very rare black diamond. dubai in -- sotheby's dubai says the gem is 551ct. they believe it's from outer space. it's set to be auctioned off this month in london. expecting to go for at least $8.6 million. two teens are warming up tonight after falling into ice on a frozen lake this week. firefighters training for ice rescues nearby saw the whole thing happen and were able to quickly pull the teens to safety. officials are reminding the public to stay off the ice because "not everyone is that lucky." you know we have to have a cute dog-o story. it's not just kids and parents
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to taking a liking to "paw patrol." this dog is immersed in the series. this pup from argentina so engrossed in the program that she doesn't even respond to treats. if you have viral videos you want to share, hit us up on @foxnewsatnight on social media. host of fox's media buzz, howard curtis, is taking a look at why some media commentators and politicians are savaged by critics while others seem to get a free pass. >> reporter: sports commentator mark was hosting a sirius xm radio show on saturday when talk turned to the wnba. >> i saw highlights of ladies basketball. man, is there a gun in the house? i'll shoot myself. >> reporter: he apologized
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after a break for trashing women's basketball saying he loves ladies' golf but not the wnba. the former pro golfer told me he received death threats. the channel fired him the next day over what he calls twitter b.s. did they fire him because i'm a conservative? probably not, but i don't think it helped. everybody there is pretty much to the left. he says he's a victim of cancel culture. he tweeted whoopi gets two weeks off. i get fired, hm and that culture could be highly selective. abc suspended whoopi goldburg for offensive comments about the nazis murdering jews when she apologized. >> words matter and mine are no exception. i regret my comments. >> reporter: hundreds on the left and right blamed abc for punishing her after her apologies. >> i want to know who is so frail over at abc? >> reporter: commentators and
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musicianed led by neil young are still demanding spotify fire joe rogan. he apologized for his handling of covid and past use of the n-word. >> i'm making this video to talk about the most regretful and shameful thing i've ever had to talk about publicly and it looks [bleep] horrible, even to me. >> joe rogan is just a racist. i mean, that's just it. >> reporter: while whoopi is a well-liked member of the media club, rogan is a contrarian outsider. >> why is this interloper allowed to have such a large audience? >> reporter: sirius xm which let's howard stern say pretty much anything didn't respond to our questions. mark lye who coaches a girls' golf team says because he can't relate to the wnba doesn't make him a sexist but a twitter mob thought otherwise and he was quickly benched. shannon? >> shannon: thank you very much. first up in tonight's where in the world, the olympic
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international committee delaying the medal ceremonies for the team ice skating competition in beijing. one of the skaters tested positive for a banned heart medication. ioc sites what it calls legal issues for the unusual delay. russia beat out the u.s. and japan in the team event earlier this week. in belarus, russian and belarusian troops and weapons systems are gathering in ukraine's nextdoor neighbor for a large-scale -- we're told -- are military drills with top russian commanders arriving on the ground. biden administration approved plans for u.s. troops in poland to assist u.s. citizens who might flee ukraine should russia invade. iran unveiling a new missile that could reach both u.s. bases and targets in israel. the missile is highly accurate and has a range of 900 miles. the news comes as negotiations continue to revive the 2015 iran nuclear deal. long lines for haircuts in hong
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kong after the city announced tight new covid-19 restrictions will shut down hair salons and places of worship starting thursday as the city aligns with china's zero covid policy and plans to start vaccine passports. and in indonesia, a little bit of good news a wild crocodile finally freed from a tire that had been stuck around its neck for six years. a local was able to trap the 14-foot croc and sawed off the tire saving the growing animal from choking. the super bowl is just a few days away but another fight is growing in the nfl as former dolphins head coach brian flores makes new accusations regarding his claims of racial bias. we're keeping score can and will update you next. ir backs. (other money manager) how do your clients know that? (naj) because as a fiduciary, it's our responsibility to always put clients first. (other money manager) so you do it because you have to? (naj) no, we do it because it's the right thing to do.
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>> i found all of the allegations, whether they were based on racism or discrimination or the integrity of our game, all of those to me were very disturbing.
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they are very serious matters to us on all levels and we need to make sure we get to the bottom of all of them. >> shannon: we're just a few days away now from super bowl lvi but the showdown between the bengals and rams is threatening to be overshadowed by the blockbuster racial discrimination lawsuit brought against the league and three of its teams by former miami dolphins head coach brian flores. to talk about that, l.a.'s covid lockdown while hosting the big game and more with former new england patriot jake beckett who is now running for senate in arkansas. jake, to start us off, who is your pick? do you have one? >> i'm going with the bengals. i think it's their year. they seem to be the team of destiny sometimes. it's just their season. i think it's the bengals. >> shannon: ok. bill hemmer will be very happy to hear that. ok now, down to business. there's a statement from brian flores' attorneys saying him bringing this suit is causing more trouble for him, they say mr. flores was one of three finalists for the texans' head
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coach position. after a great interview and mutual interest, it's obvious the only reason mr. flores wasn't elected is his decision to stand up against racial inequality across the nfl. jake, you know -- brian said, listen, the numbers prove this. look at the number of head coaches, the number that are minorities. he says it's not only his initial complaints but now because he raised that that's costing him as well. >> the statements are kind of confusing. he sounds like colin kaepernick. he's suing the league and wants to get back into the league but calling them racists. this is a 58-page lawsuit that reads more like an unhinged rant. i was a player in new england when coach flores was an assistant coach on the patriots and, look, this is nothing what i knew about coach flores when he was with bill belichick and the patriots. this lawsuit is ridiculous. it's ridiculous to look at this through a racial lens.
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pro sports is the ultimate meritocracy. excellence is all that matters. players are judged by their performance. to have a racial quota system for positions on a certain team would be insulting and stupid and they shouldn't have one on a coaching side either. i think it just breeds insecurity and resentment and, look, i think the best people should be interviewed for jobs and then be hired for jobs. all that should matter is performance. >> shannon: ok, we're going to follow that lawsuit. also want to talk about the super bowl this weekend. there's been plenty of controversy at the rams game where there were a lot of high-profile people including those who have levied mandates with regard to masks and vaccines and everything else. didn't appear at least for some of the time to be wearing them and complying with that. a headline from the "l.a. times" says officials stress covid safety measures at super bowl including, yes, masks, and by the way, sofi, open air on the sides, does have a transparent top. this is what they said some have
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questioned how the county or the nfl could reasonably expect to enforce certain health measures. scenes from last sunday further fueled speculation as did the emergence of pictures showing political pictures posing for photographs without face coverings while at the game. how do you think this'll go down with, you know, essentially the whole country watching to see how this works? >> i think we're going to see more infuriating photos for these left-wing politicians. it's always rules for the and not for me. the sports world has gone completely off the rails. we've got the olympic in the communist hellscape in china and the super bowl in left wing los angeles where they've got kids in schools, even kids as young as toddlers that are forcibly masked for eight hours a day. they're going to try to enforce these ridiculous mandates at the super bowl. look, it makes no sense for the fleeing hold the game in los angeles. it's probably too late to change it, but i would have liked to see it in the free state of florida or in texas or a place
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that will let americans breathe free air. >> shannon: you mentioned china so we want to talk about that. there's a lot of controversy about the sponsors. we're talked about that, and the ratings -- a lot of people saying they don't want to be a part of this or support what is going on over there if there's any question about genocide and torture and human rights abuses going on against the wiecker population -- uyghur population. putting aside the human rights violations, espionage and censorship, there's no. [indiscernible] on the mountains. why are the winter olympics in beijing? he raises a lot of points there. whether you're mad about the snow or the economic espionage as he calls t the censorship, the human rights, what about our athletes? so many of them have said we trained our whole lives to get here. we can't help that it's carefully beijing. don't expect us to go there and protest. house speaker nanci pelosi told them not to. what do you make of what is going on with the olympic this has time around and whether it
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should have been awarded to beijing in the first place? >> we never have participated in this olympics. the olympic haves had a record low ratings for the winter olympics of all time. it's insane we're participating. we've all seen the images, right, of these artificial snow halfpipes against the dystopian communist landscape of china. it's embarrassing and humiliating that we're there i think this has echos of the summer olympics in 1936 which were in adolph hitler's berlin and that is no hyperbole that the chinese communist party is an evil regime and committing genocide as we speak, ethnic cleansing. they're our number one geo political scene and we shouldn't be participating in these olympic games giving them a propaganda -- these athletes train for four years to compete for this elite moment. there's more things at stake. this is an international
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spectacle. we're giving an unprecedented propaganda victory to an evil regime, enemy of the u.s. this is a mistake. the biden administration should have pulled the plug months ago. >> shannon: jake becketts, always great to have you. thank you for dropping in. >> thank you, shannon. >> shannon: biden administration setting to launch a controversial program that will put more illegal immigrants on the streets rather than in key tension -- detention centers. >> there should be no private prisons, period. none. >> reporter: a campaign promise the biden administration is moving to implement, close all privately-run migrant detention centers. the administration has increased the use of tracking bracelets allowing migrants to live and work in the united states while they wait for their immigration court hearings. now, the department of homeland security is looking to expand that using curfews and home confinements with the pilot program to parole migrants to baltimore and houston and then
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to cities across the country. that's according to a report in axios there's already opposition. >> we have people who are getting ankle monitors but then cutting them off as soon as they get to their final destination within the u.s. if we enforce the laws on the books, then we'd be in a situation where we wouldn't even be having this discussion. >> reporter: progressives are pressing the white house. the aclu says more than three quarters of ice detainees are in priestly-run centers and says, -- privately-run centers and says, "americans have become more aware of the inhumane conditions and twisted business model of the private prison industry." private detention industry group says, "for decades, both democratic and republican administrations including during the obama/biden years have utilized contractors to dramatically improve conditions for the men and women navigating our immigration system." the administration says it's closing two private centers, the sash 'cuse university project says as of mid-january, immigration and customs enforcement held more than
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20,000 migrants. in august of 2019 during the trump administration, ice detained more than 55,000 migrants. the syracuse project also found the immigration court backlog at the end of last year was nearing 1.6 million. that's a record. shannon? >> shannon: rich, thank you. all right, one pet owner says she asked a friend to watch her rescue dog but now the dog sitter won't return her pup. is it the cut-and-dry case of dognapping or not? night court is next. you're the jury. up at 2:00am again? tonight, try pure zzzs all night. unlike other sleep aids, our extended release melatonin helps you sleep longer. and longer. zzzquil pure zzzs all night. fall asleep. stay asleep.
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>> shannon: it is a dog fight for tonight's night court when laurel chore decided to pursue a grad program in london, she asked a manhattan man to take care of her beloved rescue dog digby while she was away. all kinds of delays because of covid-19 travel restrictions. when she finally got home, the man, oliver dixall-chase, refused to return digby and now she's suing to get her dog back. robert p atillo and criminal defense attorney brian calful joins us. the cuteness factor will matter here. let's start with exhibit a, the complaint.
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it was always intended between the parties that the plaintiff's dog would be returned to the plaintiff by the defendant no written or oral agreement was ever made for the defendant to permanently retain digby. >> who gets digs on digby in the high-drama dog dispute? got that right. the good news is there's no law on dog theft and dog kidnapping. that's a good thing so it means it's not happening a lot. what do we have to look to to try to resolve this? i looked up this concept called bail man. i don't know if you're familiar with that. when you take your car to the valet, you're giving the possession of property to someone who is watching it for you. that's what happened here. it's like a bail man. the fact there's no written agreement favors oliver here because it doesn't set forth the terms of how long he's supposed to watch, but the biggest legal doctrine i found that i think applies is called abandonment. i know in california for example, if you leave property
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in an apartment for more than 30 days and the landlord says, hey, get rid of your property. if you don't, the landlord could take the property. that's the best argument for oliver here which is did he tell, sure, hey, you have to come back and get your dog? was oliver paying for a lot of things? was he paying for the dog mani/pedi? teeth cleaning? tea time noon on sunday? was he paying for that and dog food? if he was, he's got a gad arguemy -- argument -- he's got a good argument. >> shannon: exhibit b, the new york new pet custody law by the way signed by governor hochul in october says in awarding a possession of a companion animal, the court shall consider the best interests of such animal and any other factor which the court shall expressly find to be just and proper so, robert, what if the doggy is used to the new owner, has a routine and in some way will be traumatized by going back to the
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original owner? i don't know. >> look, i understand that, but my question is how are the courts going to determine the best interests of the animal? traditionally in american law, animals, even though adorable, is considered property. you can't take someone's property because they left it in your care for a while. there's a leased agreement -- for example, if there's an ownership agreement, that'll be governing, but in this case, either the pet sitter is guilty of conversion for stealing a person's dog and needs to pay damages for that or they have to return the animal and sue them for damages for -- as brian said -- for the costs of taking care of the dog but i don't think under any set of laws can you take someone's dog because you feel like you've had it long enough. there's no 90-day rule or five-second rule, he who left it gets to keep it, so i don't think there's going to be much of a case for oliver and the individual could who left the dog for dog sitting may have to pay him for taking care of the
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dog but won't get possession of the dog. >> shannon: would you fight for your dog? >> yeah. wouldn't be in court, brass knuckles. you can't take him. >> shannon: brian, i think we have your dog. ask you the same question, how far would you go to get your dog back? >> i would go to earth's ends for my daughter to keep my dog. i wouldn't want the doggy dcfs involved in any capacity with my dog. >> shannon: going to put up the shameless picture of biscuit bream. if robert would have my back, i would show up to get my dog back. happy place there for my dog, the beach. good news before we say good night. warning, this is a tear-jerkier. an emotional reunion of amarine coming home to see his pregnant wife. captain mo mills arrived in san diego international airport after being deployed over the past several months and saw his wife for the first time since he
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learned the big baby news. welcome home, mo. thank you! you serve, your wife serves, all of them -- all of those who love you serve along with you. we wish you all the best with your new baby. so happy to see this reunion. happy news for them. that's it for us from washington. see you back here tomorrow night. i'm shannon bream. we're a different kind of dentistry. one who believes in doing anything it takes to make dentistry work for your life. so we offer a complete exam and x-rays free to new patients without insurance - everyday. plus, patients get 20% off their treatment plan. we're on your corner and in your corner every step of the way. because your anything is our everything. aspen dental. anything to make you smile. book today at, aspirin, anything to make you smile. look today and i'm going to hold youngkin or call 1-800- accidental. hey, you want to do some laundry, some laundry in your
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