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tv   Fox News at Night With Shannon Bream  FOX News  October 19, 2021 9:00pm-10:00pm PDT

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you never miss an episode. thanks to nick gillespie, our studio audience. "fox news @ night" was shannon bream is next. ♪ ♪ ♪ ♪ >> shannon: hello, and welcome to "fox news @ night." i am shannon bream in washington. breaking tonight, fox news pressing the white house for answers after a new report reveals the biden administration has been flying migrants into new york in the middle of the night leaving many to wonder why all the secrecy. our dream team panel joins us live to weigh in and just minutes.
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>> no jobs for jobs. >> shannon: covid vaccine a growing concern that fatigue is causing worker shortages and critical area like health care and law enforcement. and one major airline is backtracking on its vaccination policy. will other big businesses follow their lead? and irises and wants to crackdown people of the leaves are cheating on their taxes but if they get in the way it means the agency gets new powers to spy on your bank account without ever getting a warrant. what it means for you, your money, and your privacy. we begin tonight with the word of the biden administration secret overnight flights carrying underage migrants to places thousands of miles away from our southern border. kevin corke taking a closer look and on tonight. >> good evening. the biden administration says they are not flying migrants from the u.s. southern border to the northeast in the dead of night. and they say that.
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but by any measure it does appear they are doing so and they are doing so apparently to avoid exposure. the pictures were as shocking as they were unmistakable. "the new york post" revealing nighttime charter flights from texas are filled with teenagers and children who are then embossed to nonprofits that house them. or sent to relatives and sponsors. the paper spotted this world atlantic airlines md 83 charter plane the touchdown just before 10:00 p.m. friday night at new york's westchester county airport which is just north of new york city. the record shows some planes arrived there at two and four in the morning. in similar flights have been spotted in florida. speak out why is immigration flying thousands of migrants from the border to florida and new york in the middle of the night? >> well, i'm not sure it's in the middle of the night but let me tell you what is happening here. >> 2:13:00 a.m. very early in the morning.
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>> early flights. earlier than you might like to take a fly. it is our legal responsibility to safely care for unaccompanied children until they swiftly -- can be swiftly unified with parents or a vetted sponsor. speak of what the white house tries to downplay the secretive nature of the flights, ted cruz wants them grounded. >> their entire political strategy is based on secrecy. joe biden and kamala harris causeless in their entire strategy is ignored. and they are counting on the corrupt corporate media to ignore it as well. so of course they fly in the middle of the night because i have no defense. >> if they were proud of the policy, if the thought of as a political winner, they would be having these fights in middle of the daytime. be coordinating with a local tv stations. be celebrating it as a great accomplishment but they know that joe biden's open border policy is a political disaster so they are trying to hide the consequences of that policy in the dark of night. >> you can only imagine if that happened under some previous
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administration. a bit of housekeeping. under what is known as this agreement, the biden administration has to, by law, release underage migrants within 20 days. into facilities very far from the border to do just that. how many migrants are we talking about? to say nothing of their legal or vaccination status remains a mystery. it would seem, by design, of the white house. >> shannon: i had an 8:30 flight on saturday and i thought that was early. 2:30 a.m. unless it was overseas i don't think i've ever taken an early flight. >> i don't think most people have. unless something happens like the night before your flight was really delayed i don't think -- >> shannon: keep digging into that. see you again. thank you. first responders in seattle who lost their jobs for failing to comply with the city's covid-19 mandate marching at the steps of city hall to turn in --
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police -- the images posted to social media joint dozens of police officers and firefighters saying their goodbyes. handing in their boots and badges after years of service. southwest airlines backing away from the hard-line a look like they were planning to take regarding a vaccine mandate for its employees. senior correspondent laura ingle has the latest plus escalating fights against vaccine mandates nationwide. good evening. >> hi. this shifting status of vaccine mandates are leading the futures of some american workers and businesses up in the air. southwest is changing its flight plan doing an about-face for unvaccinated staff. the airline dropping its plan to put workers who refuse the shot on unpaid leave if they don't meet the extension deadline. according to an internal note, southwest employees, whose
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accommodations aren't improved or reviewed by that date, will continue to work while following all covid mask and distancing guidelines applicable to their positions until the accommodation has been processed. in new jersey, 118 unvaccinated staffers at the state's biggest health care system learned tuesday that they are out of a job after refusing to get a covid vaccine. the hospital's thing in a statement that a has an ethical and professional responsibility to protect patients and ensure a covid-19-free environment. in chicago as the mayor and police union exchanged a war of words over vaccine mandates disrupting two-thirds of the city's cops are vaccinated. a coalition of law enforcement is working on a backup strategy but putting that plan together is proving difficult as several surrounding police department are refusing because i don't agree it was chicago's mayor. the idea that a vaccine mandates could lead to dangerous police
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shortages are getting some pushback from the white house. speak of more than 700,000 people have died from covid. the number one cause of death among police departments and police officers. something we should take seriously. departments are trying to say people. we support that effort. >> and seattle, washington, the mayor has reported that 92% of the city's police force and 93% of the fire department is vaccinated. >> shannon: thank you very much. a lot to discuss concerning today's latest developments in the dash the administrations plan and the border crisis and now caught -- fox news contributor lexi and jason. welcome back. >> thank you. >> shannon: i went to get to this point about the president talking about his involvement in the civil rights fight decades ago. here is what he said monday and here is what he said back in 1987 about his record. >> they said you should run.
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i said i feel strongly about all these issues but i got involved in the civil rights movement. they said joe, you should do it. >> during the 60s, i was, in fact, very concerned about the civil rights movement. i was not an activist. i worked at an all black swimming pool in the east side of wilmington, delaware. i was involved. i was involved and what they were thinking, what they were feeling. i was involved, but i was not out marching. >> shannon: this is not a rare occurrence where the president kind of working ever changing his story. he has been caught saying a few things that are not fully true belmont truthful. is anybody going to care? >> i don't think so. i think joe biden has had this problem for a long period of time. he had to bow out of the 1980 presidential race because of plagiarism. he has recalled things that have not been true. this has been true for joe biden
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for a long period of time and he stretches the truth. i think most people recognize he is not nearly as sharp and as cognitive capabilities are somewhat questionable at this point. >> shannon: president trump was fact-checked all the time all day long. people found that he exaggerated and saying things they were always checking him and it seems like nobody -- although there is an occasional fact-check that calls on president binder but not nearly the entrance and making trades telling the truth is that there was the last president. >> may be as the truth more than -- get was involved in the civil rights movement. was not marching in the civil rights movement. but that is the difference. but he did lead a walkout at a restaurant when a fellow athlete of his who is african-american was not allowed to be seated in that restaurant. he led and the other white players also supported their african-american friend and fellow athlete. he also was involved in picketing a movie theater in wilmington, delaware, that was
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still segregated and that is been confirmed by the then head of the naacp and delaware at that time in wilmington. and then additionally, he said not marching common with the route 40 movement which had sit ins which he was was a part of that he was very much a part of the civil rights movement and then of course we do note regarding racial injustice joe biden has been very involved in that throughout his political career. >> shannon: i will get to the answers from you guys in the next couple of topics because i want -- the exchange with peter about these overnight flights. >> why is the administration flying thousands of migrants from the border to florida and new york in the middle of the night? >> i'm not sure it's in the middle of the night. but let me tell you what is happening here. >> very early in the morning. >> early flights. earlier than you might like to take a flight. it is our legal responsibility
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to safely care for unaccompanied children until they swiftly -- can be swiftly unified with a parent or vented sponsored. >> shannon: do you count 2:30 a.m. as early morning or middle of a night flight? >> it's a ridiculous time. on the cover up what is actually going on. he was right. if the administration was part of this they would have rolled out the cameras in the daylight but they been doing this in the dark and how they've changed the vetting. this is human trafficking. they are the last slide, the last mile of the human trafficking trained and i have to tell when you go back and you write the story and we say what really happened i will say i'm afraid that we are going to fund that they didn't hand these out to parents. they had an often to gangs and drug cartels. we don't know. dropping off on the new jersey turnpike for goodness sake. you cannot defend it because he can't see it and congress can't see it and it is wrong. >> shannon: i prayed that it is not true. as our human beings.
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lives that are valuable. i hope that is not what is happening but we know the cartels and the coyotes are having a field day at the border. why not mourn transparency from this administration if there is nothing to hide here on this? >> you want to me to be petty i will be petty as possible. i love you but i think it's very impossible though my career responsible because there is zero shred of evidence anything like that is happening. speak out you should never assume -- >> they are reuniting children with families or with family members that are sponsored these children. >> that's not what they said. >> they are not -- >> shannon: we can't talk over the each other. both of you are right here and that some of these cases they are being reunited but jason is also right that they're being sent to sponsors. and that is a different conversation. quick final word to you. >> i don't believe these
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children are going to be my people they don't know it all. this is not the first administration that is done this if we look back even in the trump administration. just more focused on it now because it is politically advantageous for the republicans to do so. >> shannon: more transparency would help this administration to make their case that what they are doing is completely above board. so maybe 2:30 a.m. doesn't communicate the message they would like it too. jason then leslie, more to talk about it, but that's it for now, so come back soon. >> thank you. >> shannon: breaking tonight, committee has voted to hold steve bannon criminal contempt of congress. moving quickly on this. house majority leader said the full house will vote on the criminal contempt report thursday. a pass, it would then be referred to the justice department. the irs is gearing up. to go after people who are cheating on their texas pier that's on spare pair but also means agency could get power to
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snoop around without a warrant to see what you are doing with your money. that is igniting a major fight on capitol hill. trace gallagher is on the case for us tonight. good evening. >> the initial plan was to have banks provide information on accounts that had annual withdrawals and deposits of $600. considering that is about the cost of six tanks of gas here in california, $600 in yearly banking activity would pretty much include everybody with a bank account. republicans called a massive invasion of privacy, even the bank's lobbied against it. so now the threshold has been raised to $10,000. and today peter doocy asked jen psaki this. >> is the plane to catch billionaire -- by snooping on accounts with $10,000 question mike >> who people get w-2s, anywhere where they may be getting a w-2, that is not what we are talking about.
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there are reporting that. we are talking about high net worth individuals were not paying their taxes they owe and that's what this policy would propose to address. >> and other words, the biden administration is not interested in reviewing the bank accounts of w-2 employees who get paychecks because the local, state, and federal taxes have already been taken out. the worry here is about the bank accounts of small businesses and self-employed and set her at whose withdrawals and deposits exceed $10,000 a year. the poverty rate for a family of four's $26,000 a year and yet treasury secretary janet yellen reiterated today that 10,000 is the magic number two catch the fat cat tax evaders. -- strong belief that we should zero in on those at the top of the income scale who don't pay taxes they owe. but i would g.o.p. senator chuck disagrees. lunch. >> it is a stupid idea that i
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hear from islands all the time that they don't want the peering eyes of the irs snooping on them. the middle class is going to be hurt as a result of all of this. it is not going to be the billionaires. >> leading some to believe if the goal to go after the top, y-axis the bank accounts at the lack of those at the bottom >> shannon: thank you very much. and tonight's "real news roundup," new york officially declaring reese a semi health crisis setting racial health inequities and historic racism the city's resolution request the department applies intersectional -- come and conducts an antiracism review of the big apple's health code. also in new york, the city's public commission voting to
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remove a statue from the council chamber in city hall where it has been for decades. public commission did not decide where the statue's new home would be. jefferson served as the third president of united states and although he penned the declaration of independence and advocated for the end of slavery, he also owned hundreds of during his lifetime. country artist -- mass, or coveted tests. his appearances in indiana, mississippi, and illinois and louisville curtailing tucker carlson covid restrictions -- >> in spite of the fact that some people would try to label these as being quote unquote super-spreaders, the actual numbers don't reflect that at all. it's quite the opposite appeared in most of these areas, we have seen the cova numbers actually dropped dramatically. >> shannon: university of california san francisco
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prepping a study on so-called missed period pills for women who suspect they may be pregnant to help them achieve "menstrual regulation" which of the people would say is the equivalent of ending a pregnancy. the pills use one of the chemicals used in abortions and -- chemical abortions -- and they will not know if they are pregnant when they take the drug. the study's web page cites the need for more creative methods to help women achieve their reproductive goals amid increasing state roll all my clauses restricting access to abortion. superman getting a makeover involving what superman's stands for from true justice and the american way to true justice and a better tomorrow. told to better reflect the global story line and to honor superman's legacy of building a better world. the old motto dates back to the 1940s among other iterations according to the hollywood reporter. nhl supporting san jose sharks player evander kane for 21 games without pay for violating covid-19 rules after an
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investigation into whether he used a fraudulent covid-19 vaccination card. that is according to espn. he said he made a mistake and plans to return stronger after his suspension. the unlikely friendship between a labrador retriever and the massive shark. plus the stunning footage of an amtrak train slamming into a semipacked with cards it was transporting at full speed. today's wildest viral videos next. ile you deserve. new patients, get started with a comprehensive exam and full set of x-rays with no obligation. and if you don't have insurance, it's free. plus, get 20% off your treatment plan. enjoy flexible payment options and savings when it matters most. we're here to make your smile shine bright so you can start the new year feelin' alright. call 1-800-aspendental 7 days a week or book today at aspendental.com some people have joint pain, plus have high blood pressure. they may not be able to take just anything for pain.
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it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today. ♪ ♪ >> shannon: first up on viral hotness, dramatic moment caught on camera near the oklahoma-texas border. a train slamming into the semi truck hauling several cars. he could see they were tossed like rag dolls. unfortunately five people on board the train were hurt but we are told the injuries were not
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critical. we are told that the driver you can see there at one point waving. he had a dog with him which was fine. this is going to be the cutest thing you see all day. check out the incredible unlikely friendship between this cute dog and a whale caught on camera off the australian coast. a22-foot whale shark swimming up. stayed there for a long time. he leaps up out of there to greet this lab that is leading all my cleaning out of a boat. poking its head out of the water. that is not something you see every day. an epic halloween display in new york. the great jack-o'-lantern put on by the community highlighting the most creative and glowing pumpkins. they have some incredible stuff. they did the statue of liberty. even have a new york city escape like the skyline. more than 7,000 gleaming
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jack-o'-lantern's this. impressive. we have all been there. this cute little friend she caught a case of the sniffles and could not stop sneezing. we know when you try to sneeze or cough you don't want people to think that is covid? so we hope he is feeling tip-top. and finally, meet the lovely daisy adams. this 4-year-old decided to teach herself how to ride a unicycle. what a feat. that is not all. age 2, she learned to write a normal bike and even started bmxing. posting progress on social media. she has much more balance than i do. if you pick up any new skills during the time that you are locked down? we want to see it. hit us up on social media. we are now less than two weeks away from election day in the virginia governor's race.
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tonight's, alexandria it reports from virginia that the big issue in the battle's parental rights and controversy over curriculum and his public schools. >> taken my words out of context. i've always valued the concerns of parents paid >> just to go weeks out from election day, democrat release this ad referencing this moment from a debate in late september. speak i don't think parents should be telling schools what they should teach. >> since then, education has immense one of the biggest talking points in the race for governor. >> and he came back and double down and tripled on. quadruple down and quintupled down on that statement. >> but he did walk back the statement saying the father of five -- but he is hoping that araiza politically engaged parents critical of covid-19 policies will translate into votes. he slightly trails him in the polls but that is too close for comfort for democrats who see the potential midterm election
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implications of a loss. >> this is off here. if you look at the history of these races they are always tied. >> tuesday afternoon, he stopped by a small business in fairfax county where he told reporters more big names are coming into the campaign. speak up former president obama will be here on saturday, president of united states next week. >> thank you for being out here today. >> speaking to a large crowd of staffers in preparation for an evening rally where schools would once again be the focus. >> critical race theory is a political agenda that has absolutely -- teaches everyone to view everything through a lens of race and then pits our children against one another. so friends -- >> at tonight's rally, he called on virginia's attorney general to launch an investigation into the loudoun county school board for what he calls negligence. their handling of a student reported being assaulted in a
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bathroom. >> shannon: thank you so much. it is time to bring kevin corke back in. the debate on the internet right now whether parents, and i am one, are entitled to paw-ternity leave. is this real? >> a british ceo sparked a real firestorm on linkedin after asking the public whether he should grant paw-ternity leave -- i love how you said that -- for employee who purchased a puppy. a little dog. a whopping 34,000 people actually voted on that poll. 61% of course you shouldn't offer that that means 39%, nearly four in ten people said sure why not. and before he left, and ohio-based beer company named brew dog does offer employees a weeks paid paw-ternity if they adopt the dog. you love dogs, i love dogs, is
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this crazy or are you for its? >> shannon: super crazy. my husband and i got our first lab who is now in heaven, r.i.p. i remember that we both would have to have these demanding jobs. and we would have to run home for like 30 minutes on our lunch time and walker and play with her and put her back in the crate. i cannot imagine going to my law firm and being like i need time off because i got a dog. >> can i get a couple weeks. >> shannon: this is how we solve the whole thing. let us bring our dogs to work. >> that would be great. we did that my old job. would have bring a dog to work day. people would bring the dogs. >> shannon: i need bring your dog to work employment. >> i don't know who thinks this is a good thing. and i love dogs. we love dogs. >> shannon: we do. let kevin or i know, because we want to hear. see you in just a bit.
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with backups and delivery delays, what exactly is calling, causing -- we have two good experts on tap to help us next . (other money manager) different how? don't you just ride the wave? (judith) no - we actively manage client portfolios based on our forward-looking views of the market. (other money manager) but you still sell investments that generate high commissions, right? (judith) no, we don't sell commission products. we're a fiduciary, obligated to act in our client's best interest. (other money manager) so when do you make more money? only when your clients make more money? (judith) yep, we do better when our clients do better. at fisher investments we're clearly different.
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>> tech: when you get a chip in your windshield... trust safelite. this couple was headed to the farmers market... when they got a chip. they drove to safelite for a same-day repair.
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and with their insurance, it was no cost to them. >> woman: really? >> tech: that's service the way you need it. >> singers: ♪ safelite repair, safelite replace. ♪ >> shannon: new information about the backgrounds of some of the illegal immigrants flowing into this country across our southern border. mike has that story tonight from la joya, texas. >> porta patrol agents confirmed criminals are among those stopped at the borders. last thursday and saturday, el salvador and migrants were rounded up in texas. background checks revealed three members of the violent ms-13 gang. one individual with a murder conviction as well as attempted murder. one of the migrants had previously made it to dallas where he had a conviction for a solo now faces a warrant for sexual assault of a minor. on monday, border patrol agents uncovered to go establish houses with 39 migrants total
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unaccompanied migrants and their ranks. most immigrants don't hide. rather, they seek out authorities anticipating they will get held and be able to stay in the u.s. our cameras captured one family that came across monday night reporting directly to border patrol. customs and border protection has already counted 1.5 million apprehensions at the southwest border. when the fiscal years completed, 2021 could set a border. >> they overrun. basically like clerks at a hotel checking people into the country. we have no security other than what texas is providing. >> while texas he's the greatest number of border crossings, they are increasing at a faster rate in arizona then all the border states. trail cameras catch migrants on the move to tucson or yuma. agents say they are carrying everything from drugs to guns or just supplies for survival. apprehensions on the air is on board or jump from october under
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president trump 217,000 and august under president biden. a 1038% increase. >> they will never send you back. if you don't fix that, good people of this part of arizona, you're going to be overrun. >> and that his concern all across the southern border. as the deadly summer heat eases allowing for safer passage, traditionally more people attempt a border crossing from this point forward. in la joya, texas, mike. >> shannon: despite the intervention last week the supply chain crisis shows no sign of letting up. and some experts predicting grocery store shortages are going to rack up next. what can be done to fix it? the present of dewpoint supply and retired army general are here to help us out. great to have you. >> thank you. >> shannon: i want to read something from "the washington post." the white house has weight
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tapping national guard to address the mounting supply chain backlog. explored in recent weeks whether the national guard could be deployed to help the backlog. general, when you were in the military, this was your specialty. you did it on an massive scale. what should we be doing now? is it a job for the national guard? what can we do? >> the national guard -- the problem we have with supply chains is is this chain has multiple problems. multiple constraints throughout the nation and throughout the world right now. mobilizing the national guard at certain intersections might be helpful but i doubt it's a long range solution. speak opinion piece also says don't forget about short-staffed stores and supply chain woes. the message is to lower your expectations. americans consumers might've been spoiled generations have also dealt with shortages. gasoline in the 1970s to nap the mic rationing in the 1940s, housing in the 1920s.
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now it is our turn to make adjustments. we just need to expect you are going to have empty shelves? you may not get your holiday gifts. get over it. >> it is counterproductive to what we are supposed to do as business leaders, especially get engaged the health care side. we got to the pandemic last year. i was a pandemic like the world had never seen before. here we are now a number of months later and it's a logistical shift. i believe we have over 100 ships outside los angeles. they love them and there is no place to put them. they don't have enough chassis to bring them to the train yards. when they get to the train yards, there are not enough trains and then it has to be delivered to the city. so there is a tremendous amount of work that has to be done. we have logistical issues every
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place and shortages to containers overseas getting short because i don't get returned. >> shannon: and quickly, he mentions not having enough trains or trucks in those kind of things. is that a labor shortage on that end? >> it is equipment and labor. specifically, truck driver is a shortage but an abundance of containers that are exceeding the capacity of trains and the terminals that they go to. >> shannon: i want to play something. these are sound bites from the biden administration. couple of officials who say this is a positive development if you look at it the right way. here's jen psaki and secretary buttigieg. >> as the economy turns back on, more people have expendable income, wages, to bind them more goods, more people are buying more goods. >> at a time when retail sales are through the roof, you can't talk about supply without talking about demand. >> shannon: they say this is
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because people are spending more money and buying more stuff. but why is it showing up in the bottleneck at this point in time and how do we interpreted this as a positive thing for our economy? can we? >> sort of like saying the bartender of the titanic saying i have plenty of ice for the party. that's not the analogy i would use. the american people have gotten used to the immediacy of now in their buying and consuming. i know we don't have that and as jerry pointed out, we were already short truck drivers before the covid crisis hit. that critical intersecting point is not going to make people feel better. what i'm really concerned about his people who have this disposable income and if they need to go items here there is a shortage now that order six. and that makes things even more constraints. i think there is a less rosy scenario than we are painting. >> shannon: when i did of having to go to cvs at 2:00 in the morning because that's when i knew after i got up worked at the toilet paper shipments were
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coming in. we don't want to trigger the kind of stuff he is talking about. how do you reassure the consumer at this point that there is a light at the end of the tunnel? >> our industry and general distribution as a whole looks at -- the shelves are not -- it takes larger warehouses and more manpower. a couple month reserve. the fact that containers which used to consistently arrive either on the east coast or west coast ports, most imports are from asia going into california, and about 40% used in america comes to the west coast of the fact that there is a backlog to date that is making you unable for these to get out, these containers that are sitting typically arrived to california from asia -- today we are seeing three -- five months.
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the supply chain is being strained tremendously and that's three months of containers that would've been on their way back to the very sight. >> shannon: they can't continue the cycle at that point. jerry and general, thanks for your lending us your expertise. dairy queen throwing a full-blown nor'easter over a company selling bottled water that it says isn't purging on the trademark of the dq signature blizzard. do they have a case? you guessed it, "food court" is next.en you are the jury. lot of pain. i was unable to eat. it was very hard. kimberly came to clearchoice with a bunch of missing teeth, struggling with pain, with dental disease. clearchoice dental implants solved her dental issues. [ kimberly ] i feel so much better. i feel energized to go outside and play with my daughter. i can ate anything. like, i don't have to worry. clearchoice changed my life.
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it's moving day. and while her friends are doing the heavy lifting, jess is busy moving her xfinity internet and tv services. it only takes about a minute. wait, a minute? but what have you been doing for the last two hours? ...delegating? oh, good one. move your xfinity services without breaking a sweat. xfinity makes moving easy. go online to transfer your services in about a minute. get started today.
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♪ ♪ >> shannon: time now for "night court." looking at a lawsuit filed by dairy queen against w.b. mason claiming the massachusetts supply company use the name blizzard for its bottled spring water is a case of trademark information on dq's popularize cream treat. so let's start a food fight. with tonight's legal eagles, kelly and david. and for the record, mike and i thought it was important to do some field research. so i researched the oreo blizzard and i can tell you it is delicious. but that will not -- let's start with exhibit a.
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from the start patroon has come dairy queen is suing w.b. mason alleging its bottled spring water bearing the name blizzard is a trade mark infringement on their competition. adult -- the company knows it stores also sell water. kelly. >> they are going to argue that this is different because the fact that people see the water they are not going to associate it with dairy queen. it's a wholly different company, been around for many years, and because of that, it is not similar to dairy queen's product, and therefore, they are not infringing on their trademark. >> let's get to exhibit b. from the counter lawsuit. they say it is not aware of a single person who has ever been confused by its use of blizzard. indeed, no reasonable person would have her mistaken belief that copy paper or spring water sold by w.b. mason -- emanates
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from or is associated with dairy queen. david. >> it is confusing and i disagreed with w.b. mason. essentially dairy queen has five trademarks that fall under the protection, the federal trademark act of 1946. and as recent as 2011. and the reason why it is so confusing is that w.b. mason does not just so office supplies. they also sell dunkin' donuts, coca-cola, pepsi, tropicana, a lot of other name brands. so if we are just selling the blizzard water and not these other name brands, it would not be as misleading and confusing. and dairy queen has worked very hard for the trademark and also the brand. they have over 4 million people in their fan club. so they work so hard for the brand and now w.b. mason is
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trying to take advantage of it through -- >> shannon: i don't think i can get this from an office supply store. i will keep researching. exhibit c. dairy queen said they first introduced the public the blizzard in 1940. the year my mom was born. a very good year for things to be worn. they said it was causing and likely to cause injury to the public -- i'm not sure how that happens -- but also causing and likely to cause dairy queen to suffer irreparable injury. kelly. >> ultimately as you know the courts will make a determination based on the evidence of whether in fact there is an infringement they are and it is harming dairy queen. and we're going to have to see how this turns out in court. >> shannon: we will, which takes us to exhibit d. from the counter lawsuit. they say commerce -- it is not similar and is substantially different in sight, sound, in appearance and is fundamentally different in commercial context for any blizzard marked registered or used by
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dairy queen. it is bottled water. >> without a doubt, but like i said before, it's a little misleading because they are other brands and blizzard clearly is the ice cream of dairy queen. there are two issues whether or not they can continue to sell it and then they are air issues of damages. i think images are going to be tough to come by if they get to it. i think it is more likely that there's going to be a settlement here because the lawyers for w.b. mason have already said after this recent ruling by the district court they will look at their legal options. and when you lose motions like they have, typically they go to settlement and work it out outside of court. >> shannon: will continue her in-depth research on the dairy queen blizzard situation and keep everyone updated on the case. kelly and david, thank you. always great to see you two. >> thank you. >> shannon: and some good news before we say good night. a group of veterans dealing with post-traumatic stress finding this is a program in florida
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swimming with dolphins. it helps to improve their mental health and was organized by the wounded warrior project and harley-davidson motorcycle. also motorcycle ride as part of it. part of project odyssey to help veterans recover from their invisible wounds of war. so hats off to everybody involved in that. >> this is why i love this segment because i've never heard of that and i think it's terrific. and i think you will like this. over new hampshire for this "good news good night." where an 84-year-old former pilot with parkinson's disease got a chance to fulfill her passion one more time. introducing mervyn. she piloted a light aircraft over beautiful new england from above. video of the flight was posted on facebook by the pilot. and he said she did amazing and even with the conditions she was able to fly like nothing had ever changed.
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and you know it, good for you. i'm glad you got to get up there and soak it all up. >> i love that for her. >> i did get one but i didn't want to open it during the segment because it is too loud. >> shannon: what flavor? >> oreo cookie. >> shannon: okay. you're good. till tomorrow. good night from washington. i am shannon bream. never settle for 25%. always go for 100. bring out the bold™ ♪ darling, i, i can't get enough of your love babe♪ ♪girl, i don't know, i don't know,♪ ♪i don't know why i can't get♪ applebee's. now that's eatin' good in the neighborhood.
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