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tv   Americas Newsroom With Bill Hemmer Dana Perino  FOX News  October 21, 2021 6:00am-8:00am PDT

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>> bill: authorities are awaiting on forensic results with so many questions unanswered. >> these items were found in an area that until recently had been underwater. our evidence response team is on scene using all available forensic resources to process the area. it's likely the team will be on scene for several days. >> the difficult part will be the cause of death depending on the environment since he was under water apparently for a while. >> this is not a good family. a family that stonewalled the petitos that they were looking. >> the cover of today's "new york post" dead reckoning. steve harrigan is reporting from north port, florida. >> the scene of this discovery
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is about two miles from where i'm standing right in these woods here. the f.b.i. has confirmed that they have found human remains and right alongside those remains are personal items that belong to brian laundrie. they include a notebook and knapsack. many people consider it odd the five-week search which had no sign of life at all suddenly in one day with the parents along with investigators go right to the spot where there is a body and where there are personal items. the attorney for the laundrie family says it's because this park was closed and also in part because large sections of this area were under water for weeks at a time. the family attorney says brian laundrie, the remains are his. >> the probability is strong that it is brian's remains but we'll wait until forensic results come in and verify that. >> the f.b.i. is not going that far yet.
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they're waiting for forensic identification. they shut down the park now and f.b.i. is likely to be processing this scene for several days ahead. dana, back to you. >> dana: thank you, steve. trace, this happened a little bit in the afternoon yesterday and the f.b.i. i understand they can't answer questions yesterday, but i think today especially gabby's family will be asking for a lot more. >> you wonder what was in the notebook? then they come out and say he was a person of interest. was there a suicide note or some kind of confession. we'll dig into this a bit more coming up later on. >> dana: we'll be able to do that with nancy grace. she will be on with us this hour. stay tuned for that. >> she is the best. meantime attorney general merrick garland moments away from testifying before the house judiciary committee. his first oversight hearing as the justice department is under fire for hot button issues including their efforts to crack down on parents protesting at school board meetings. our next guest is on that
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committee, louisiana republican congressman mike johnson. great to have you on. we should note you are a constitutional scholar and practiced constitutional law, you know your stuff on this. my question would be a few months ago you went after merrick garland when he came out and said federal vaccine mandates were just fine. you clearly, you know, did not like that. what is your biggest concern about the d.o.j. today and what do you want to hear at this hearing? >> this is a very important oversight hearing. judiciary committee has the responsibility of the jurisdiction to make sure d.o.j. is doing its job and it's not. millions of americans and republicans on this committee deeply concerned that president joe biden and merrick garland have weaponized the justice department. not doing the job they're supposed to do. instead of addressing the major issues they insert the d.o.j.
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into culture war matters and attack republican led state initiatives and eroding constitutional norms while trying to push far left policies. we have many important questions for the attorney general this morning. >> dana: listen to senator hawley questioning one of the biden d.o.j. officials just recently. >> if this isn't a deliberate attempt to chill parents from showing up at school board meetings for their elected school board, i don't know what is. >> i have to respectfully disagree. the attorney general's memorandum made quite clear that violent is not appropriate. >> dana: high on the top of the minds of many parents across the country. how do you thing garland will answer this today? unlikely he would rescind the memo. what short of that could be satisfactory? >> we want to know what his personal interest in the matter is. widely reported, fox broke the news, we sent a letter to the attorney general several days
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ago asking about his apparent conflict of interest. there seems to be an issue about his impartiality. he sent the directive to the f.b.i. and u.s. attorney's offices telling them to insert themselves into these local and state matters because parents were getting too rowdy at school board meetings expressing their first amendment right and their concern about their kids' curriculum. one of the big questions i have for him today is about his family's interest in the matter. it has been reported his son-in-law was a founder -- co-founder and has a big interest in the company the panorama education group. they survey students in a bid to advance really controversial ideas about race and identity and sexuality. if his son-in-law has a financial interest in the groups that many of these parents are protesting, that raises a lot of questions. and the attorney general should not be inserting himself in this area at all. >> i would just talk about the
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son-in-law's involvement there. how do you get the attorney general to answer these questions? a few years back when james comey went before the committee and republican said he side stepped every question. do you have a tactic to put his feet to the fire or will it be bobbing and weaving and no consequences coming out of it? >> our intention is to get real concrete answers for the american people. my constituents are very concerned about all this as all of ours are. the house republicans will be direct in our questions today and not allow him to stone wall. he owes the people these answers and we'll do our best to obtain them. >> dana: one last question another issue that's definitely going to get some attention is about the voting rights issues. a lot of states are pushing forward to make some amendments to describe their policy in what they think is a fair process. merrick garland as the attorney general supports president biden's push to more federalize
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elections. what is the topic on that today? >> he clearly does by his actions. the attorney general obviously agrees with that political agenda. unfortunately for all of them the constitution gives that authority to the states. when the republican states in particular have led on voter integrity measures this year, they have been attacked by the d.o.j. the department of justice is supposed to support efforts toward election integrity and uphold the constitution. for example. they sued the state of georgia when they worked on their voter integrity measures. meanwhile they did not sue the states of new york and colorado and others liberal-run states that have more restrictive voting laws. so it looks like politics -- raw politics. we'll get down to the bottom of it. >> dana: a lot of fireworks. we'll watch. thank you. president biden visiting scranton, pennsylvania trying to sell a scaled-down version of his big spending bill. the white house says biden may not hike corporate taxes to
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fund the expansion as polls show his approval rating continues to slide. griff jenkins is live in washington they say the bill costs nothing. i don't see how they pay for it the way they had it written. >> they aren't giving up that tactic. the president returned to scranton, pennsylvania to repitch his stalled domestic agenda of the multi-trillion dollar package that includes abandoning his plan to hike the corporate tax rate beyond 21% but adding a billionaire's tax which he claims still costs nothing. >> president biden: the cost of the build back better bill in terms of adding to the deficit is zero, zero, zero. it does not increase the debt. we shouldn't even talk about the numbers because it is all paid for and in addition to that, half of it is a tax cut. it's not spending money, it's a tax cut for working class
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people. >> meanwhile the latest fox news poll the president's approval rating taking a hit on the economy. 39% approve of his handling. 9 in 10 voters say they're worried about inflation. biden is even falling among democrats dropping 11 points on the economy from 86% last month to 75% now. independents a 15-point drop to 27%. this as massive disruptions continue to plague the supply chain with transportation secretary pete buttigieg admitting there is really no relief on the horizon. >> there is no easy fix and no magic wand. the biggest difference of all the thing that would help with all the disruptions, all of the shocks that we're seeing is to put the pandemic behind us. >> republicans blame biden's pandemic policies for the supply chain disaster.
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160 gop lawmakers said stop the regulatory actions and stop attacking the american businesses with vaccine mandates, taxation and government hand-outs that are disincentivizing work. the president has a public event around noon at the mlk junior memorial and see if he has more to say. >> dana: thank you, griff. we'll talk more about the democrats' struggle on spending and how senator manchin is complicating matters for them. mitch mcconnell is coming up later in the hour. >> just how we got you elected we can get you out of office. >> dana: protestors who harassed kyrsten sinema could face legal consequences. >> a new poll in the race for virginia governor showing the candidates neck-and-neck and the final week before the election. former white house official karl rove breaks down the numbers for us.
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>> dana: a break through in the search for brian laundrie as they find human remains. >> i find it very strange and coincidenceal when brian's parents decide to join the search he is all of a sudden found. the newday 100 va cash out loan. it lets you borrow up to 100% of your home's value. with mortgage rates near record lows.. and home values at record highs. you could take out $50,000 or more to build your dream kitchen, a new bathroom, or a swimming pool for the kids. call newday right now. people were afraid i was contagious. i felt gross. it was kind of a shock after i started cosentyx. four years clear. real people with psoriasis look and feel better with cosentyx.
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that anywhere in the country. >> dana: i hope they do get prosecuted and that they actually finally maybe send a signal to other groups that you can engage with your public service members but not harass them especially in a bathroom. >> >> trace: since one was a man. >> dana: police are searching for brian laundrie for more than a month. i've been waiting since yesterday, nancy grace, to talk to you. i want to get your take on a couple of different things and trace has questions, too. first of all, what do you think changed when they found this evidence, or what possibly led to them deciding to call him a murder suspect for the first time? >> i believe the reason they're calling him a murder suspect is because all along they believed
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he murdered gabby and now they can say that openly without infringing on his constitutional rights. i do believe if those are human remains, they are brian laundrie's. here is the thing, yes, it's highly that when his parents go out they find him. he has been able to avoid the whole she bang and now within an hour they find him. a coincidence? i find it to be shallow thinking. you have to thinking to the next step, the logical conclusion of that. if those are brian laundrie's remains, what, the parents planted that, too? no. this may very well be brian laundrie and i hate it because there is no justice. >> trace: the family did say -- the family attorney said
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listen, the parents told the f.b.i. this is where he was. this is the area where he was a while back. so it is not just coincidence and this is what the family attorney is saying and the area was covered with water. i'm wondering what was in the notebook? why when they had the sudden change what's in the notebook? did they find a suicide note, confession? is there something in there that we don't know about? >> absolutely. at first i was very distraught because the whole area in the reserve was largely under water. it is often flooded with water because it's a swamp. more so when i heard there was a notebook i thought oh no, it was underwater, too. it was in that dry bag we believe which we take when we go camping. you don't want certain things to get wet. if it was in there we have a chance. do i believe brian laundrie wrote his thoughts down? absolutely.
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this guy was very introspective. i'm sure he poured all his soul thoughts into that notebook. i think we may find something there. what will it prove? what we already know. he murdered gabby. now, i know the parents are in pain. i understand that. but i wonder between those dates september 1 and september 11 when they were all together refusing gabby's family phone calls and emails, what was going on in their minds? >> dana: a question on that, then, nancy, as you said there might not be justice in the case but if the parents either maybe they never asked brian about where gabby was. i just find all of that hard to believe. could they possibly be still criminally charged with something? >> well, here is the deal. unless they overtly performed an act, if they lied to the police. if they helped him cover up or go on the run.
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unless they did that, they are not going to be charged. they will be on the hot seat, let me tell you. everybody wants justice for gabby and now that we think that's brian laundrie, which is yet to be determined, maybe through dental records, if he was underwater for that long there could be soup and we'll need the dental records. unless the parents overtly did something, three not going to be charged. when you fail to act, when you refuse to act under our jurisprudence that is not a crime. what does the lawyer say? the lawyer didn't just fall off the turnip truck, he is no idiot. he is very carefully parsing his words. i wouldn't pay any attention to anything a defense lawyer said on this. >> trace: one of the questions i had was when the parents went out there and took his car back from that preserve they had a pretty good idea he was not
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coming home. >> i think they had an idea and just think about it. if we could have found him then, there may be justice in a court of law. but because of that, we never will. >> dana: tell us about your special coming up this sunday night. >> it's sunday night 10:00 p.m. eastern fox news. i'm really looking forward to speaking to all of the experts to determine what we know and what we think is going to happen now because it is far from over. >> dana: i'll be tuning into that. thank you so much, nancy. >> trace: thank you. democrats scaling back controversial plans to have the i.r.s. snoop on bank accounts but republicans say the new rules would affect the average american instead of tax cheats. senate minority leader mitch mcconnell will be here to talk about that and mike tobin live at the texas border where we expect a caravan of, get this, 60,000 migrants to show up any
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day now. >> trace, the migrants have been streaming into texas all night long as the crisis at the border continues. we're live in la joya, texas, that story coming up. o-severe ea or atopic dermatitis under control? hide my skin? not me. by hitting eczema where it counts, dupixent helps heal your skin from within, keeping you one step ahead of eczema. and that means long-lasting clearer skin... and fast itch relief for adults. hide my skin? not me. by helping to control eczema with dupixent, you can show more with less eczema. don't use if you're allergic to dupixent. serious allergic reactions can occur including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines don't change or stop them without talking to your doctor.
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>> trace: fox news alert. border apprehensions soaring to the highest levels ever recorded as homeland security sources tell us as many as 60,000 mostly haitian migrant will cross our southern border in days. mike tobin is live in texas. i understand it has been fairly busy out there. >> yeah, trace. like clockwork. as the sun came down the migrants showed up. they came all night long and still this morning. hundreds have been processed at the ball field here where they are being processed. the bulk coming said they're from honduras. you had a lot of unaccompanied
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minors, single mothers and oftentimes when they show up at this point they're beat up. dirty, tired, thirsty, exhausted. wherever this round is being dropped off, they don't look to be in that bad of shape as they are arriving here in la joya, texas. the common theme they made the trip because life is hopeless where they're from. >> the economy is terrible in her country. being a single mother she can't afford to send her son to school and give him an education. there is so much crime and so much corruption. >> border patrol sources say as many as 60,000 migrants are massing on the mexican side of the border aware that the trump era remain in mexico policy is likely to be reimplemented despite efforts by the biden administration to remove it requiring them to stay in mexico while the case is processed. republican round table in d.c. former officials from the trump
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administrations talked about how effective that was at controlling the border. >> that program alone resulted in a 75 to 80% reduction in families illegally entering this country. it closed the loophole down. no longer was coming to the border with a family illegally automatically your passport into the united states. >> leaks from government sources said fiscal year 2021 set a record for detentions at the border with 1.7 million. that included 132,000 unaccompanied minors. in terms of detentions here with illegal crossings at the border. we're still waiting on the official numbers from d.h.s. trace, back to you. >> trace: as many as 300,000 might have gotten away. mike, thank you. >> dana: democrats are working to trim down what was a 3.5 trillion dollar welfare expansion to sway moderates opposed to the eye-popping price tag. the paper's editorial board
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writes the $2 trillion is phony, too. biden is bowing to the left again by keeping new entitlements and disguising their cost. mitch mcconnell is here. there is a lot going on we want to ask you about. one of the things that the left is thinking of doing is basically keeping a lot of the programs they want but only funding them for one year. do you think that is good legislative tactics in order to get it passed or really irresponsible? >> pretty irresponsible. the "wall street journal" figured out what the game is. it's to shrink the cost, start a whole lot of programs, and claim that it doesn't really cost that much because they expire in a year or two and the goal, of course, is they all become so popular we get them forever. look, this is just one more round of the kind of inflationary policies this enacted earlier this year on a party line basis. they dumped almost $2 trillion on the economy, sent inflation
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through the roof and they aren't through. they want to keep on doing it with higher taxes, and entitlement programs, what that means to your viewers is they never go away. you can make them look less expensive by saying they will expire in a couple of years, but their gamble is once they start they never end. of course, the deficit continues to mount. >> dana: of course we see that with obamacare. one of the things they say is a must do in this bill they passed is additional subsidies for obamacare. that passed a long time and to your point. president biden says the bill won't cost anything. watch here. >> president biden: the cost of the build back better bill in terms of adding to the deficit is zero, zero, zero. because we will pay for it all. in addition to that, half of it is a tax cut. it's not spending money, it is a tax cut for working class people. >> dana: senator sinema made it
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clear that she is not for any new taxes. how will they make that math add up? >> i hope they don't. the american people would be a lot better off if this reckless tax and spend package never passed. they didn't get a mandate from the american people to do this. 50/50 senate, a couple of seat majority in the house. this is not like the vast majority that roosevelt had in the 30s or johnson had in the 60s. american people didn't vote to turn this country into bernie sanders' socialist vision. >> dana: the other thing is that tim scott talked to us yesterday about this idea of pumping up the i.r.s. to go after more people. listen to what he said about the democrats changing it but still being a problem. >> if you have an $800 monthly payment for your rent, you have a $400 for food for the entire year, 10,000 dollars you are now going to be audited
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potentially and certainly investigated, your accounts, by the i.r.s.. the truth is, every single working american will still be captured and their financial information transferred to the i.r.s.. >> dana: what do you think of that provision? >> he is exactly right. if every single american was under audit every year. this is completely outrageous, a violation of privacy and i hope in the end those advocating this will back away from it. i think the american people will go bez eric over this. >> dana: one of the thing the left is so mad at sinema and manchin and someone said that manchin is talking about switching parties and becoming a republican. senator manchin says it's ridiculous. the reporter is standing by his story. i asked you this before. it seems like it comes up every 3 to 4 months. any reason to believe that joe manchin would switch parties
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and become a republican? >> i don't. it would solve the problem. if i were the majority leader instead of chuck schumer we wouldn't be doing this. the country does not need it, does not want it, and i wouldn't be putting this kind of package on the floor. >> dana: we'll see. he says it is not true. the reporter standing by his sources. the democrat side what they try to do is pass through their election law, the federalizing of elections. it didn't pass but they'll give it another shot. where will it go? >> i hope nowhere. it is against the law in america to discriminate against voters on the basis of race. the voting rights act is still intact. what they're trying to do is have the federal government take over all the ways that we do elections in this country, which are historically been administered at the state level. it is not a single state in america enacting new laws after the pandemic passed trying to suppress the vote based upon
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race. the justice department thinks any state is doing that they can go to court. my prediction is they'll lose in georgia, they'll lose in texas, kentucky also passed a new law supported mostly by democrats signed by a democratic governor and our law is arguably more restrictive than the georgia law or the texas law but you don't hear anybody complaining about the kentucky law because the democratic governor signed it. this is a solution in search of a problem. americans all over the country can easily vote right now. >> dana: let me ask you to project a little bit to the mid-terms in 2022. there is reporting this morning that senator chuck schumer's pac in briefings is saying to its members we have some real problems on our hands. while they have raised a lot of money the senate incumbanlt democrats, they realize that president biden's poll numbers are down. people's concerns about inflation are way up.
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there are other concerns. for example gallup showing two weeks ago americans, the majority of them believe republicans would be better on security. at this point, looking at a year out from the 2022 mid-terms what do you think the chances are for the senate being able to return to republican majority? >> only two times in american history did the party of the president gain seats two years into a first term. we have 50 republicans right now. the administration is enormously unpopular. the president's approval rating is tanking. i think we'll have a terrific atmosphere in which to have a mid-term report card on the performance of the biden administration and we have 50 republicans. the way forward is clear. >> dana: we'll pay attention to all of that. thank you for coming on, sir, good to have you. >> okay. thank you. >> trace: the white house unveiling its plan to roll out vaccines for most kids. cdc hints not much will change
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when it comes to mask mandates in the classroom. fox news medical contributor dr. marc siegel is here with his take next. plus the debate over critical race theory reaching the table at the view. >> i would like black kids to be completely empowered to know that they are beautiful in their blackness but in order to do that i don't have to make white kids feel bad for being white. >> shaping the heated virginia governor's race coming up in the next hour. veteran homeowners, great news the lowest mortgage rates you've been waiting for are here. the newday two and a quarter refi has the company's lowest rate in history. 2.25% with an apr of 2.48. save thousands every year. plus there's no money out of pocket and no up front fees. newday is holding the line on interest rates so every veteran family can save. call now.
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>> dana: former head football coach now suing the school after he was fired for violating a statewide covid vaccine mandate. he filed a religious exemption
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request for the shot but it was denied. he had three years and $9 million on his contract left when the school fired him. >> trace: the cdc raising concerns of a new covid variant detected in the u.s. officials say it is a sub lineage of the delta variant spreading throughout the u.k. and expected to be more contagious. dr. marc siegel joins us with more. it's called the ay strain 10 to 15% more transmissible than the delta variant. are you concerned? does the vaccine still work? what are your issues with this, doctor? >> i'm not that concerned about this and i think we also have to consider fearing another virus. i'm not concerned. we already have enough problems with the delta variant. this particular version 10% more contagious that isn't that much different. what the cdc said yesterday they have been monitoring this
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very closely and it seems to be responsive to the vaccines and the treatments. in the u.k., trace, it has only gone to about 10% of cases. what does that mean to me? it is not going to predominant. what we've seen for months the delta variant is so transmissible, the basic delta variant, that it crowded everything out. that's what we need to keep focusing on and it will continue to be the predominant variant in my opinion. we don't have anything to compete with it. we have to get that stamped down and the case numbers are starting to decrease here. >> trace: the white house now rolling out plans to vaccinate kids between the ages of 5 to 11. we know these young kids are far more likely to die in a pool drowning, in a car accident. are you concerned about the long-term effects of these vaccines still really a lot we don't know, doctor. >> let me back up a little bit and say what i really want is the advisory committee to the fda to look over the data.
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all we have now is science by press release. we have 2200 kids studied by pfizer and i want to hear what others on that committee say. they are meeting next week. if they are comfortable giving it to their 5-year-old, i would probably be comfortable giving it to a 5-year-old that i knew. and i think that the key point here is they are using 1/3 of the dose and the thing i don't like is it is too close together. i would like to see it spaced out more. the chances are it's very safe. to your point that young children don't get very sick from covid, that's true. but if you look all across the country at millions of kids, you still have a risk of long-term side effects of covid. i'm probably going to choose the vaccine over covid if i have to make a choice. i will have that information but what's really key here emphasized, science not by press release, by top experts reviewing the data coming out of the studies.
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>> trace: you talk vaccines the fda gave thumbs-up to the moderna and j&j and now you can mix and match them. >> it was a carefully done study looking at all the shots. what's key here, most people that had the pfizer will get the pfizer booster. a study just came out today that in 10,000 people that if you get the pfizer booster two weeks later and go back up to 95% protection. that was a random trial very well done and very exciting the pfizer booster works. i would stick with pfizer if i got pfizer, if i had mowed earn yeah. the key is the j&j shot. a study showed if you got johnson & johnson, another great shot, two months later no matter which shot you get you get a rebust immunity and do
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better getting the pfizer or moderna on top of the johnson & johnson. consider the moderna and pfizer. >> what about the covid anxiety boosting depression. you right that's a problem. 129 million additional cases of major mental disorders worldwide compared with pre-pandemic figures. that's a concern. your final thoughts. >> trace, that is huge. that's tip of the iceberg stuff. what about mild anxiety and depression, billions of people and tied to decreased mobility and shut downs based on flu models that didn't work. school closures created depression about our children. those weren't necessary. young people in the study suffered more than older. you would think they would be more flexible but they need
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socialization and friends and get out. that wasn't considered by the health authorities. i call it the second pandemic. we are paying a huge price for all those restrictions. >> trace: dr. siegel, great to see you. thank you so much. dana, i bring it back to the whole thing where in nevada they talked about the mass suicide of these kids, right? you had more than a dozen children. thank you so much. dana, these kids that were committing suicide and that kind of works hand in glove with the whole depression thing worldwide they are finding now. >> dana: yes, absolutely. you have to keep an eye on that. interesting interview. thank you. coming up next president biden plowing forward with a climate agenda. what could it mean for your bottom line. attorney general merrick garland will make his first appearance before the house judiciary committee. republicans are expected to grill him. karl rove is here to react.
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>> dana: president biden keps pushing for a climate agenda even though energy prices are soaring. carbon free electricity by 2035. critics say moving too fast will kill thousands of jobs ought push prices higher. look at some of these numbers on energy inflation. commodities up 41%. fuel oil 42%. gasoline up 42% as well. you can look at even utility and gas service up 20% and one of the things the federal government said last week they project that 54% increase will be what people who use home heating oil can expect just this winter. in a way, mike, i followed your work for a long time. a little bit like i told you so
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but i don't think you take any pleasure in that. >> well no, people are suffering. we now see reports that people are having to choose between electricity and food in places like brazil. a few years ago greta thunberg and other activists said i want you to panic. that's their exact words and that's what nations did. they invested too much in unreliable weather dependent renewables and not in reliable power sources. we saw people that say they care about climate change shutting down nuclear power plants, which is the largest source of zero emission energy and replaced them with carbon fuels. we're in a global energy crisis. america is somewhat shielded from it because we have fracking for natural gas, another technology that climate activists oppose. as i describe in my book the
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real goal of so-called environmentalists, the ones anti-nuclear and anti-fracking has never been to address climate change or air pollution. the goal is to promote scarcity. they demonize the system. i've been documenting how greta thunberg's objective has been to attack the system including cheap and reliable energy. >> dana: it the remarkable we're talking about a teenage girl that has people reacting to her. she is not the only one but pretty interesting. we have the big climate meeting at the end of the month. as the president tries to push the policies. a poll we put out last night major problem for the nation in terms of rising gas prices, 67% say it's a major problem. for their family 50%. that is right where you see the politics meeting the policy. you've also written a new book called why progressives ruin
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cities. san fran sicko. that energy play a part? >> the connection with my two books is that really what i'm describing is the influence of the radical left, the influence on the whole culture, really attacking the pillars of civilization. what i describe in san fra sicko was an effort to shut down sigh key at trick hospitals, not replace them with community-based care and efforts to deprive proper amounts of funding for homeless shelters and efforts to defund the police which resulted in rising crime and rising homicides in cities across america. 30% increase in homicides between last year and this year. now we're seeing the same thing on energy with attacks on our reliable sources of energy,
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whether gasoline, oil, or electricity grid. these are attacks on the civilization and the so-called system the radical left views as evil. and really has been the key to our prosperity and freedom. >> dana: mike shellenberger. we'll stay in touch. i know in california gas prices is a big deal. >> it is a big deal. $5.29 out the door here. you talk about san francisco, my wife's reading his book right now and we lived there for a few years and what happened to that city is astounding. >> dana: it was one of my favorites. attorney general merrick garland on capitol hill as we speak. lawmakers will grill him on everything from immigration and the border crisis to abortion laws, covid mandates and his threats against educators. i'm dana perino. bill hemmer is off today. good morning trace. >> trace: i'm trace gallagher.
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the nation's top law enforcement officer appearing for the first time before the house judiciary committee facing tough questions from both sides of the aisle on a long lils of hot button issues. committee member mike johnson told us earlier about some major concerns. watch this. >> millions of americans and all of us, all the republicans on this committee deeply concerned that president joe biden and attorney general merrick garland have weaponized the justice department. inserting the d.o.j. into culture war matters and using it to attack republican-led state initiatives. eroding constitutional norms along the way while they try to push these far left policies. >> trace: david spunt is live at the justice department with more. good morning. >> good morning to you. today is what's called an oversight hearing meaning that republicans and democrats can essentially throw the kitchen sink at attorney general merrick garland and ask him anything they want. expect that. i'm told he has been preparing for this for several days. one of the topics likely to
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come up will the justice department prosecute steve bannon for failing to honor a congressional subpoena in connection with the january 6 commission. pay attention to what garland says if asked about bannon. last week president biden said the d.o.j. should prosecute people like bannon. garland has wanted to maintain independence from the white house and unlikely he would confirm support for an investigation in a public setting like today. the department of justice in a battle with the state of texas over the state's controversial law banning abortion. d.o.j. and state of texas are bouncing back and forth sending requests for the u.s. supreme court to get involved and settle the law. another hot topic, a memo put out by attorney general garland that instructs the f.b.i. to pay close attention to parents at school board meetings. a rise of anchor among parents. he wants the f.b.i. to investigate in cases where school board members or other
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employees feel threatened by parents. one week ago i interviewed f.b.i. director christopher wray on a separate topic and asked him specifically about this topic and he told me to ask d.o.j., attorney general garland has not commented publicly on this. looks like today will be the day. back to you. >> trace: david spunt live in d.c. thank you. >> dana: thanks. democrats pulling out all the stops in virginia's heated governor's race. vice president kamala harris will campaign for terry mccauliffe today. they are in a dead heat with less than two weeks until election day. mark meredith is live in virginia. good morning, mark. >> good to be with you. the polls some a close race unfolding here in virginia. it wasn't that long ago the democrat in the race terry mccauliffe was leading by a few points. the new poll from monmouth shows it is no longer the case among registered voters.
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the latest survey have 46% support and glen youngkin support rise by 3 points within the last month. monmouth says there are a few reasons including the dysfunction and gridlock out of d.c. but also some missteps on mccauliffe's part that may cost him some support. mccauliffe will be here in northern virginia campaigning with vice president kamala harris. she will be trying to offer a boost to this campaign. mccauliffe says he is more than thrilled to have harris on the trail with him. >> i love the vice president and she is going to do -- i think we have two or three events. couple she is planning on. i've known her for a long time and we have a great relationship. i'm excited. she has already done some things for the campaign. >> not long ago he said what was happening with the biden/harris administration was costing him some sport. we see the back and forth with the vice president where he is well coming her to virginia. youngkin, no events today.
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he is continuing to hammer home on public safety and education. here he was with sean hannity last night. >> what i will do for virginians is get our schools reestablished with standards of excellence where parents have a right to be engaged in their children's education. terry mccauliffe wants government between parents and their children. >> tomorrow is the last day that virginia voters can request an absentee ballot mailed to them for this race. we have got early voting already underway. it will be a fascinating race to watch. >> dana: thank you so much. good to see you. >> trace: joining us now karl rove former white house deputy chief of staff and fox news contributor. always great to see you. you are a numbers guy and i want to put the numbers on the screen. this is the latest monmouth poll. a glimpse of it earlier that you now have this as a dead heat, right? you have -- it's not the right one. 46/46 right now. a five point loss over the past
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month for terry mccauliffe and now we move to another poll we put up on the screen. this is the one on issues americans are very or extremely concerned about. you see one, two, three, four down there, what schools teach 73%. is it your sense, karl, these polls kind of go hand in hand? >> i think that's right. if you look at the real clear politics average of the polls in virginia, at the beginning of august mccauliffe had a lead of above five points in the average at the beginning of september it was about four. the beginning of october just a little bit less but still about four. today 1.8% in the average and the last two polls, the most recent two polls, monmouth poll and trafalgar poll show the race tied. what happened between then? a couple of things. the biggest was a debate in which the two men argued about schools and terry mccauliffe made the statement he didn't
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want the parents to tell the schools what they wanted to teach their children. this is a big issue in virginia. it is not the only issue that's there and -- but it is a big one. economy and crime are also issues. and also this is a chance for virginia voters say i either like or don't like what is happening in washington, d.c. with the biden administration. my sense is there is not a lot of enthusiasm about what's going on in washington right now. >> dana: earlier this week you said something that was smart as always. when you talked about the early voting returns and looking at that and that would be a warning sign for democrats because the numbers were quite low compared to what they would expect. the other thing i noted is that terry mccauliffe is spending a lot of time in northern virginia in these last two weeks of the campaign, which i think would say that he realized he has problems there. >> yeah. yesterday was the first day that all 14 early voting locations were open in fairfax county and that's where he is
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today with kamala harris. you mentioned early vote numbers. did you notice the number at the bottom of my white board? last sunday was the first day in the city of norfolk where all four early voting locations were called souls to the polls. taking parishioners from black churches to the polls. they sent in the big gun. stacey abrams shows up. holds rallies in the city of norfolk. 124,000 plus voters in the city and how many turned out early to vote that day with stacey abrams in town? 396. that says to me they got a problem with enthusiasm in their base and why they are going to northern virginia and desperately hoping that kamala harris will drive up the turnout now that all 14 locations are open in fairfax county. i think they have a big problem. i'm not certain bringing in president obama and vice president harris and as she calls herself the real governor
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of georgia stacey abrams is going to solve that problem. >> trace: we keep bouncing back and forth. we're waiting attorney general merrick garland to arrive at the hearing on capitol hill before the house judiciary committee. what is your takeaway? we talked about some of the big issues and critical race theory and d.o.j. intimidating parents in virginia. what do you expect to hear? we've watched these hearings for years, karl. there is a lot of bobbing and weaving and not much substance. a lot of side stepping. what are you looking for today? >> i'm looking for bobbing, weaving and side stepping. merrick garland since taking the job has professed a desire to create the image of his justice department as being a apart from politics. that's what he said the goal was. he has made statements and taken actions that belie that. you put your finger on one of the most amazing ones when we
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had disputes over the curriculum in places like loudon county, virginia, in which there were ugly words said he sent a message to the f.b.i. i want you to look into this. if there are threats of violence that's a state and local matter. it is not a matter for the justice department and yet he intruded in that. we'll get a lot of tough questions from the republican side but also going to get tough questions from the democratic side. just as the republicans are unhappy he is getting too political and too involved in issues like this, my suspicion is some democrats say when will we see some action not just words on these same issues? >> dana: one of the issues will be the texas abortion law that the left is furious about and the right is hopeful about. and the justice department has decided the try to weigh in here. is far the court is not going their way. it should be a big hot button issue here. >> absolutely. as will be the house con
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citation and will be asked by both sides. democrats pressing for rapid movement and republicans raising questions about executive privilege. this is best left to the courtroom and to the sensible decision of judges about what are the limits on executive authority. it is going to be another one that will be a tag team match. >> trace: and you can see merrick garland is walking in and take it as soon as it begins. last i'm curious when you talk about bobbing and weaving and side stepping you go back. i was asking this to a congressman earlier. with james comey three years ago there was a lot of that but few consequences. big tech executives on the hill and there are no consequences. how do we get concrete action from these hearings? >> ultimately the judgment has to be by the members regardless. they've heard things, what do they think ought to be done?
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they don't need the permission of mer -- merrick garland to do this. the oversight hearings particularly when it is a cabinet member and the attorney general who can say i'm trying to leave this in the hands of the professional career people at the justice department, they don't necessarily give permission slips out of oversight hearings like this for congress to move ahead and the congress doesn't need them if they want to move ahead. if there are things they want to do these help them move ahead but don't require the permission of these hearings or to end in a certain way for them to decide to move ahead. they can do that on their own. >> dana: this is happening at a time with crime waves across the countries in big and medium size cities. i expect questions on that. do you think he will have any good answers? >> you put your finger on an interesting one. the previous justice department
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had organized tasks forces to confront the growth of violence in big cities. we haven't seen him make this as big a priority as attorney general barr did. does the federal government have a role in helping cities confront these waves of violence engulfing some of our major cities? it will be interesting to hear his answer. >> dana: thank you so much. this hearing is getting underway and we'll head now. here is congressman jerry nadler, the chair of the house judiciary committee. >> you have assumed this enormous responsibility as a crossroads in our nation's history. for four years democratic institutions that you have sworn to protect versus a judge now as attorney general were deeply undermined by the former president and his political enablers. during that time the trump administration leveraged the department to protect the president and his friends and punish his enemies real and imagined. when the former president lost the last election, he summoned
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the top law enforcement officers in the country and demanded that they use the full power of the federal government to install him for another term. trump's plan failed at least in part because at least some department officials refused to help him overturn the election. even now, however, the ex president and allies continue to cast doubt on the last election and appear to be drafting plan to overturn the next one. next time we may not be so lucky. your task as attorney general is unenviable because you must build back everything d.o.j. lost under the last administration. self-confidence, reputation in the eyes of the american people, and an institutional respect for our constitution and the rule of law. it is not enough just to right the ship. as the chief law enforcement officer of our nation it is also your responsibility to help the country understand and wreckon with the violence and
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lawlessness of the last administration while maintaining the department's independence. january 6th insurgents stormed the capitol building in a pre-planned organized assault on our government seeking to overturn the votes of their fellow americans and believing in the lie told them by president trump and his followers. i commend the department for doing the important work of bringing those responsible for the violence of january 6th to justice. i ask only that you continue to follow the facts and the law where they lead because although you have rightly brought hundreds of charges against those who physically trespassed in the capitol the evidence suggests you will have hard decisions to make about those who organized and incited the attack in the first place. we must acknowledge the simple truth that none of the individuals who attacked the capitol that day appeared out of thin air. according to the southern poverty law center, membership in white nationalist groups
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grew 55% during the trump presidency. membership in hate groups overall remains historically high. the covid-19 epidemic as with many national crises brought out both the best and worst of fellow americans. anti-asian hate crimes and hate incidents skyrocketed. innocent people lost their lives and communities were shattered. i know d.o.j. and its components are key to the biden administration's national strategy for countering violent extremist and look forward to see how d.o.j. is working. the growth in extremist ideology is directed at the healthcare professionals, teachers, essential workers, school board members and election workers. to be clear, we are a country
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that prizes democratic involvement in every level of government. the right to be heard, to have a voice is guaranteed by the constitution. but nobody has a right to tletden his or her fellow citizens with violence. you were absolutely right to ask the f.b.i. and federal prosecutors to meet with local law enforcement agencies set up lines of communication. there is a broader pattern here. in each of these cases, former president trump's big lie, the rise in hate crimes against citizens of asian dissent and growing threats of violence against public servants, the same set of individuals have leveraged the same sorts of misinformation and stoked grievances and shown little interest in solving our problems. this country and your tenure as attorney general cannot be defined only by the out rages of the last four years. we have more to do to deliver
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on the nation's fundamental liberty and justice for all. black and brown americans deserve to live in a country they can trust their local police departments will protect, not endanger their families. i applaud you for taking steps to limit the choke holds and no knock warrants and we must continue to work together to address the issues that allow for our criminal justice system to disproportionately impact people of color. across the country, state legislators are restricting the right to vote in service of the most cynical political motives. your department has rightly stepped in to secure our next election. congress owes you a voting rights restoration act that will give you the tools you need to con sign these nakedly undemocratic efforts to the dust of history where they belong. texas law to ban abortion after six weeks and punish abortion providers is designed to restrict the citizens constitutionally protected rights. it offers to pay a bounty to
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those who turn in neighbors, co-workers or strangers they suspect someone violated the law or helped the woman get an abortion after six weeks. it creates fear and suspicion that stops women from seeking help. it is a dangerous law that is repugnant to the constitution and i thank you for the department's swift action to protect these essential rights. we can become a country where only some people in some states enjoy their constitutional rights. as attorney general, you have the power to help our country navigate the generational trauma of oppression and move past the challenges of the last four years. thank you again for appearing before us today. i look forward to your testimony. i now recognize the ranking member of the judiciary committee mr. jordan. >> chairman said the trump d.o.j. was political and went after their opponents. are you kidding me?
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three weeks ago the national school board association asked him to involved the f.b.i. in local school board matters. fire *r five days later the attorney general of the united states does exactly what a political organization asked to be done. five days. we've sent republicans on this committee have sent the attorney general 13 letters in the last six months. eight of the letters we have nothing. they gave us the finger saying we won't get back to you. in all our letters were sent to the sern general. a letter sent to someone else asking for a specific thing to be done and in five days the attorney general does it. it says i'm directing the f.b.i. to convene meetings with local leaders, these meetings will open dedicated lines of communication for threat reporting. dedicated lines of communication for threat reporting. a snitch line on parents started five days after a left
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wing political organization asked for it. that's not political i don't know what is. where is the dedicated lines of communication with local leaders regarding our southern border, something that is a federal matter. where is the dedicated lines of communication on violent crime in our cities that has gone up in every major urban area where democrats have defunded the police? no, can't do that. can't do that. the biden justice department will go after parents who object to some racist hate america curriculum. nope, can't focus on the southern border where 1.7 million illegal encounters have happened this year alone. a record. a record number. ms-13 can waltz across the border but the department of justice will open up a snitch line on parents. think about this. the same f.b.i. that mr. garland is directing to open dedicated lines of communication for reporting on parents just a few years ago spied on four american citizens
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associated with president trump's campaign. clinton campaign hired perkins couey who hired fusion gps and put garbage together and gave it to the f.b.i. and used it as the basis to open up an investigation into a presidential campaign. oh, mr. suzman who worked at the firm hired by the clinton campaign cut out the middle men and said i will go directly to the f.b.i. not just anyone, he went to jim baker, the chief counsel at the f.b.i. handed him a bunch of false information. told him false information and of course he has been indicted by the special counsel. a few weeks ago the i.g. at the department of justice released a report that found that the f.b.i. made over 200 errors, omissions and lies in just 29 randomly select edifies yeah applications. don't worry, the attorney general of the united states just put them in charge of a dedicated line of communication
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to report on parents who attend school board meetings. mr. chairman, americans are afraid for the first time during my years in public office, first time i talked to the good folks i get the privilege of representing in the fourth district of ohio and folks around the country tell me for the first time they fear their government. frankly, i think it is obvious why. every single liberty we enjoy in the first amendment has been assaulted over the last year. stop and think about it. americans were told you couldn't go to church, work, school. small business owners were told you are not an essential business, close your doors causing many to go bankrupt and given curfews, stay at home orders. last fall in ohio you had to be in your home at 10:00. pennsylvania when you were in your home you had to wear a mask. in vermont you didn't have to wear a mask in your home because you couldn't have friends and family over. of course there is always the double standard with these
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folks. folks who make the rules never seem to follow them. and now the biden administration says get a vaccine or lose your job, even if you've had covid and have natural immunity, get a vaccine or you will lose your job. oh, i almost forgot, the biden administration also wants another dedicated line of communication for reporting. they want a second snitch line. they want banks to report on every single transaction over $600 for every single american to the i.r.s.. the i.r.s.. that agency with the stellar record of customer service. the same i.r.s. that targeted conservatives the last time joe biden was in the executive branch. jefferson said once tyranny is when the people fear the government. we're there. sadly, we're there. but i don't think the good people -- i don't think the good people of this great country are going to cower and
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hide. i think your memo, mr. attorney general, was the last straw. i think it was the catalyst for a great awakening that is just getting started. pilots at southwest airlines. parents at school board meetings. americans are pushing back because americans value freedom. a few weeks ago terry mccauliffe said this, i don't think parents should be telling schools what to teach. government tells parents we're smarter than you, americans aren't going to tolerate it. when the attorney general of the united states sets up a snitch line. parents will stand up to this accelerated march to communism we see. america will fight the good fight and finish the course and keep the faith because americans value freedom. mr. chairman, we have a video we would like to play. >> mr. chairman? >> we have a video we would
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like to play. >> i object. >> i object. reserving my right to object to the video. >> may i inquire as to whether the gentleman has followed the judiciary commit east property call by providing 48 hours notice to the committee's clerk that he was going to use a video? >> i provided notice -- there is no 48 hour rule. it is not in the committee rules. second, we did let the committee staff majority know we had a video and gave it to them this morning. >> responding to the request, he did not. he did not supply the 48 hours notice required by the rule. >> mr. chairman. >> i insist on my objection having filled to follow the protocol. i insist on my objection. >> objection heard. video will not be shown. >> appeal the ruling of the chair.
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>> no ruling that has been made. there has been an objection. >> i would like to speak regarding your -- >> that's out of order. this is not debatable. >> there is no rule that requires a 48 hour notice that's out of rule. there is not in our rules. >> there is. >> what are you afraid of, mr. chairman? >> there is such a rule. you were told there was such a rule last year. >> what are our colleagues afraid of? are they afraid of videos of parents? >> the gentleman was recognized for his opening statement. >> ruling. >> i'm not finished. >> you can proceed with the opening statement. >> it is is not a rule. what you said i think the term you used is protocol. conduct of the committee rules do, it's not a rule. we had a video and understood you had a video. >> i seek recognition. >> the gentleman woman objected because you failed to follow the rule. her objection is sustained. >> mr. chairman i see the
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gentleman have everything else. >> we had -- i will yield back in second. i haven't yet. it is a video about parents at school board meetings. moms and dads speaking at school board meetings and you guys won't let us play this? >> an objection has been heard that you failed to give the 48 hours required by the rule and therefore -- >> what rule? mr. chairman, what rule? what rule? >> please present the rule. >> in the case of audio visual materials under the leadership of my predecessor chairman goodlatte, the committee developed a written protocol for managing the use of audio video. it requires members to provide 48 hours notice they'll use the materials. until recently this protocol was not controversial. it was a tool we used to manage hearings and make sure videos
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played properly. the gentleman woman has objected to the materials because the gentleman did not provide the 48 hours notice. playing audio visual materials during a hearing is like -- the normal course of business we do not object to each other's requests but members have the right to object if they choose. objection has been heard. >> did we ever vote on that, mr. chairman? >> that's a clever written statement but protocol is not a rule. >> mr. chairman you will not let us play us and censor us which is the conduct of the left today it seems. democrats today it seems. i yield back the balance of my time. >> point of order. >> the actual written rule,
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this is not a rule. >> it is not a point of order as i said before. playing audio visual materials during committee hearings is the equivalent of introducing printed materials into the hearing record. in the normal course of business we don't object to each other's request but members have the right to object if they choose. objection has been heard. >> not a rule, sir. i ask you to rule on my point of order. >> gentleman has not made available a point of order. >> move to table. >> there is nothing to appeal. no ruling. there has been no ruling. there has just been an objection and the objection has been heard and now we'll introduce the attorney general. i will now introduce today's witness. merrick garland was sworn as the 86th attorney general of the united states march 11, 2021. immediately preceding his
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confirmation as attorney general mr. garland was a judge of the united states court of appeals for the district of columbia circuit and appointed to that position in 1997 served as chief judge of the circuit from 2013 to 2020 and served as chair of the executive xity of the judicial conference of the united states from 2017 to 2020. in 2016 president obama nominated him for the business of associate justice of the united states supreme court. before that he spent a substantial part of his professional life at the department of justice. including a special assistant to the attorney general assistant united states attorney and principal associate deputy attorney general. earlier in his career he was in private practice and also taught at harvard law school. both his undergraduate and law degrees from harvard. he clerked from the united
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states court of appeals for the second circuit and supreme court justice william brennan. we thank him for participating today. please rise i will begin by swearing you in. raise your right hand. do you swear or affirm under penalty of perjury the testimony you are about to give is true and correct to the best of your knowledge, information and belief so help you god. let the record show the witnessed has answered in the affirmative. thank you and please be seated. please note that your written statement will be entered into the record in its entirety. accordingly i ask you summarize your testimony in five minutes. to help you stay within the time limit there is a timing light on your table. when the light switches from green to yellow you have one minute to conclude your testimony. when the light turns read it signals your five minutes have expired. attorney general garland, you may begin. >> good morning, chairman
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nadler, ranking member jordan and distinguished members of this committee. thank you for the opportunity to appear before you today. my address to all justice department employees on my first day in office i spoke about three co-equal priorities that should guide the department's work. upholding the rule of law, keeping our country safe and protecting civil rights. the first core priority of holding the rule of law is rooted in the recognition that succeed and retain the trust of the american people, the justice department must adhere to the norms that have been part of its d.n.a. since levy's tenure as the first post watergate attorney general. the norms of independence from improper influence of the principled exercise of discretion and of treating like cases alike define who we are as public servants. over the past seven months that i have served as attorney general, the department has reaffirmed and where
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appropriate updated and strengthened policies to these norms. we strengthened our policy governing communications between the justice department and the white house. that policy is designed to protect the department's criminal and civil law enforcement decisions and its legal judgments from partisan or other inappropriate influences. we issued a policy to better protect the freedom and independence of the press by restricting the use of compulsion sorry process to obtain information from or records of members of the news media. the second priority is keeping our country safe from all threats, foreign and domestic while also protecting our civil liberties. we are strengthening our joint terrorism task forces for international and domestic counter terrorism cooperation along all levels of government and seeking more than $1.5 trillion. a 12% increase for counter
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terrorism work. we're also taking aggressive steps to counter cyber threats whether from nation states, terrorists, or common criminals. in april we launched a digital extortion task force and june seized a 2.3 million ransom payment made in bitcoin to the group that targeted colonial pipeline. keeping our country safe requires reducing violent crime and gun violence. in may reannounced a violent crime strategy which deploys our relevant department components to those ends. we launched five cross jurisdictional courses. and to support local police departments and help them build trust with the communities they serve our fy22 budget requests over $1 billion for grants. we are likewise xhirted to
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keeping our country safe have drug trafficking networks that are fueling the overdose epidemic. opioids including illegal fentanyl caused nearly 70,000 fatal overdose deaths in 2020. we will continue to use all resources at our disposal to save lives. finally, keeping our country safe requires protecting its democratic institutions including the one we sit in today from violent attack. as the committee is well aware the department is engaged in one of the most sweeping investigations in its history in connection with the january 6th attack on the capitol. the department's third core priority is protecting civil rights. this was a founding purpose when the justice department was established in 1870. today the civil rights division's work remains vital to safeguarding voting rights, prosecuting hate crimes, insuring constitutional
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policing and stopping unlawful discrimination. this year we doubled the size of the civil rights division's voting section and our fy22 budget seeks the largest ever increase for the division totaling more than 15%. we have appointed department wide coordinators for our hate crimes work and we have stepped up our support for the community relations service and the department wide efforts to advance environmental justice and tackle climate change. revitalizing and expanding work to insure equal access to justice. we look forward to working with congress to restore a stand alone access to justice office within the department dedicated to addressing the most urgent legal needs of communities across america. in addition to these core priorities and other important area of departmental focus is insuring antitrust enforcement.
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reinvigorating that enforcement, combating fraud and protecting consumers. we are aggressively enforcing our antitrust laws by challenging anti-competitive mergers and exclusionary conduct by prosecuting price fixing and allocation schemes that harm both consumers and workers. yf22 we're seeking additional resources to reinvigorate antitrust enforcement across the board and the anti-fraud covid-19. those who defrauded the federal government. in seven months the justice department has accomplished a lot of important work for the american people and there is much more to be done. thank you for the opportunity to testify today and i look forward to your questions. >> thank you for your testimony. we will now proceed under the five minute rule with questions and recognize myself to begin
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for five minutes. mr. attorney general in 2013 decision shelby county versus holder the supreme court gutted section 5 of the voting rights act rendering its pre-clearance provision inoperative. as a result of this decision the right to vote has come under steady assault and states have spent the past eight years enacting barriers to voting for disen franch aislesed groups. before this committee in august the assistant attorney general testified that section 5 of the voting right acts was the heart of the act and called it the department's most important tool for safeguarding voting rights in our country. why is section 5 so crucial to combating discriminatory voting practices? >> thank you, mr. chairman. voting -- right to vote is a fundamental aspect of our democracy. in many ways the right from which all other rights occur. the voting rights act was a gem
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of american legislation. president ronald reagan said and as all other presidents on both sides of the aisle has said. a key part of that provision was section 5, as you said. a pre-clearance provision which required and specified states where there were discriminatory practices that provisions for changes in patterns or practices of voting should be submitted to the department for pre-clearance to determine whether they violated the act. there was another alternative if state did not like the result from the justice department it could go to a court and get a resolution there. but the great idea of pre-clearance was to allow advance review before these things went into effect rather than requiring the justice department on a one-by-one basis after the fact and
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extremely difficult to attack unlawful prescriptions on voting practices. >> she testified section 2 is no substitute for the important swift review that was provided by way of section 5 pre-clearance process. the full impact of the supreme court's recent decision on section 2 remains to be seen. however, in the absence of an operational section 5 pre-clearance regime what steps has the justice department taken to increase voting rights under section 2. >> it is the remaining tool. very important and it does give us some impact. in order to better implement that provision we've doubled the size of the voting rights section. more people to evaluate state law on a one-by-one basis. we are doing that. we brought one case as you know with respect to changes in georgia. we are looking carefully at other states and we are looking
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carefully at the redistricting which is occurring as we speak now as the result of the census. we continue to do that and vigorously make sure that section 2 is appropriately enforced. >> if you should find given states reapportionment for example was unconstitutional and you sued it could take six or eight years for those suits to be resolved as we've seen and another reason for the necessity for section 5 pre-clearance. i have one last question for you. the country and congress is still reeling from the events of january 6 and the select committee diligently pursuing its investigation into the insurrection. this week chairman thompson voted to hold in contempt steve bannon who failed to comply with the subpoenas and the measures will be taken up by the house later today. unfortunately the actions of individuals like mr. bannon are not new to us. many committees including this
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one repeatedly face obstruction from the prior administration. congress, however, is not an enforcement body and looks to the department to handle criminal matters when appropriate. i ask you mr. attorney general regardless of politics, will the department follow the facts and the law and expeditiously consider the referrals put forth by the select committee if they're approved by the full house? >> the department recognizes the important oversight role that this committee and the house of representatives and the senate play with respect to the executive branch. i will say what spokesperson for the u.s. attorney's office in the district of columbia said yes or the day before. the house of representatives votes for referral of a contempt charge. the department of justice will do what it always does in such circumstances and apply the fablgts and law and make a decision consistent with the
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principles of prosecution. >> thank you very much. >> pull the mic a little closer. >> is that better? >> thank you. >> mr. shab *it >> i start by asking that an op-ed that appeared in last week's "wall street journal" by the author of the patriot act, mr. sensenbrenner entitled the patriot act wasn't meant to target parents. most of us had other jobs before we got here to congress. for example, i practiced law for quite a few years. i was a county commissioner, a member of cincinnati city council and before that i was a school teacher in cincinnati in the inner city. all the students in the school were african-american and i taught the seventh and eighth grade. it was my experience that the
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kids who did the best were the ones who had parental involvement in their education. does that make sense to you? >> yes, i think parental involvement is very important in education. >> thank you. with that in mind having parents involved in their children's education i have to say i find it deeply disturbing that the national school board association convinced the biden administration to sic you and your justice department, the f.b.i., the full power of the federal law enforcement in this country on involved parents. as if they were domestic terrorists. one of the tools in your arsenal of weapons is the patriot act that i just mentioned. not many current members of this committee were here when we passed the patriot act but i was. and mr. chairman, you were, too. and i remember clearly that we were both concerned about potential abuse of this new law
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enforcement tool and why for example we insisted on sunset provisions on some aspects of the patriot act. i can tell you, not in a million years did we dream that one day we would see the justice department treat american parents as domestic terrorists. and in a primer on domestic terrorism issued last november by none other than the f.b.i. mr. attorney general. they explicitly stated that quote, under f.b.i. policy and federal law, no investigative activity related to domestic terrorism may be initiated based on first amendment activity, unquote. parents speaking up at a school board meeting against the teaching of critical race theory or anything else that they want to talk about is clearly a first amendment activity. now of course school board meetings can sometimes be
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highly emotional affairs. parents do care about their kids' education, how they are being taught, what they are being taught. these parents have every right to be heard even if former virginia governor terry mccauliffe thinks otherwise. now, no one has the right to be violent or threaten violence, and if anyone does that, they can be dealt with by security or by local law enforcement. but we don't need the vast power of the federal government throwing its weight around. we don't need you, your justice department or the f.b.i. trampling on the rights of american parents who want the best education for their children. let me ask you this. according to the sarasota herald tribune one terrorist incident was a parent questioning whether school board members had earned their high school diplomas.
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that might have been rude but does that seem like an act of domestic terrorism that you or your justice department will investigate >> absolutely not. we defend the right of parents to complain what they wish about the education of their children, about the curriculum taught in the schools. that is not what the memorandum is about at all. nor does it use the words domestic terrorism or patriot act. like you, i can't imagine any circumstance in which the patriot act would be used in the circumstances of parents complaining about their children nor can i imagine a circumstance where they would be labeled as domestic terrorism. >> i'm nearly out of time. we ought to be encouraging parents to be actively involved in the education of their children. after all, if our children are
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to be competitive with the children of japan and south korea and india an china for tomorrow's jobs, they better be getting a top-notch education in this country. let's support and welcome parental involvement not use the vast powers of federal law enforcement to target parents as domestic terrorists. >> the gentleman yields back. once again i would remind all members that guidance from the office of attending physicians face-to-face coverings are required for all meetings in encloseed space such as committee hearings except when you're recognized to speak. that means you and a lot of people i can't recognize because of distance, etc. so please everyone observe that rule. i will recognize ms. lofgren for five minutes. >> thank you mr. chairman and mr. attorney general for being here this morning. at your confirmation hearing
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you characterized what happened on january 6th as quote a heinous attack that sought to disrupt a cornerstone of our democracy. i agree with that. in your written testimony today, you point out that the intelligence community has identified domestic violent extremists as the primary threat to our nation and further note that your department is committed to keeping our country safe by protecting our democratic institutions. i would note that protecting our democratic institutions is not limited to the department of justice. the congress also has that obligation to protect our democracy. to that end, we have a select committee that is reviewing the events leading up to january 6th and has a legislative mandate to device legislative
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recommendations to prevent future acts of domestic extremist violence, to strengthen the resilience of our nation's democratic institutions to proposed laws that will keep our democratic system safer. now, with that background in mind, we are, as you are aware, seeking information to inform us to perform that role. before you were a.g., you were a judge. and i note that the -- in your judicial role in 2004 there was a case judicial watch versus the department of justice where the court ruled quote, presidential communications privilege applies only to documents solicited and received by the president or his immediate white house advisors who have broad and
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significant responsibility for investigating and formulating the advice to be given to the president. i think you are familiar with that case. do you think that is still good law? >> i think the d.c. circuit is a good source of law. >> in the supreme court case nixon versus administrator gsa1974, the judicial watch case relied on that precedent. that case said that the communications to advise the president would be only on official government matters. do you think that's still good law? >> i think the supreme court's opinion is still good law until it's reversed. i see no sign it will be reversed. >> we were here in the judiciary committee pursuing testimony from mr. mcgahn and the court wrote in the 2019 case -- this is a quote -- to make the point as plain as possible it is clear to this
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court for the reasons explained above that with respect to senior-level aides absolute immunity from compelled congressional process simply does not exist. do you think that's still good law? >> i believe that mccann case is still good law. >> recently the department of justice informed a federal district court that conspiring to prevent the lawful certification of the 2020 election and to injure members of congress in inciting the riot at the capitol would fall outside the scope of employment of an officer or employee of the united states of america. since your department filed that i assume you agree with that. >> yes. >> so i just want to mention -- i won't ask you about what your department will do if the house of representatives adopts a referral to your department because i take you at your word
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that you will follow the precedent, you will follow the law in the ordinary course of events. i would just note that your defense of the rule of law for the department of justice and your standing for the rule of law also means the rule of law for the congress of the united states, article 1 was the first article for a reason. we have a role to play in making sure that our democratic institutions are defended. i thank you for your service to our country and i look forward to your deliberations so that the congress of the united states can play its rightful role in defending our institutions and adopting legislation that will strengthen our institutions and preserve and protect our democratic republic. with that, mr. chairman, i yield back. >> mr. gohmert.
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>> thank you, mr. chairman and judge garland for being here. you said a moment ago you couldn't imagine a parent being labeled a domestic terrorist but parents all over the country believe that's exactly what you labeled them by your memo indicating you were going to get involved in board meetings, school board meetings because of the threat of domestic terrorism. so if you can't imagine a parent being labeled a domestic terrorist, i would encourage you to redo your memo so it is not perceived as being so threatening to people concerned about their kids' education. but i want to take you to january 6. it's a very common topic here for people. has any defendant involved in the january 6 events been
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charged with insurrection? >> i don't believe so. >> well, that is the word most used by democrats here on capitol hill about january 6 but no one has been charged with it that we could find, either. how many protestors on january 6 were charged with obstructing an official proceeding for four to six hours, do you know? >> i don't know the exact number. obviously there are 650 arrested, some for assaulting officers, some for obstructing proceedings. i can get you the numb bers. >> thank you. i would be interested. regarding the men who broke the glass in the two doors at the speaker's lobby when the two capitol police standing there moved to the side to allow them access, were any of those people who broke glass and did
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damage to those doors working for the f.b.i. or other federal law enforcement entities? >> this is an ongoing criminal investigation and i'm really not at liberty to discuss. there have been some filings in the nature of discovery that have been provided to the defendants but other than that i can't discuss this now. >> we've seen some of those filings that talk about persons 1 through 20 something. were those persons one, designated by number, were those people that were employed by the f.b.i. or federal entities or were they confidential informants? >> again, i don't know those specifics but i do not believe that any of the people you are mentioning charged in the indictment were either one. >> was a determination ever
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made as to who repeatedly struck roseanne boylen in the head with a rod before she died? >> again, i think this was a matter that was investigated by the u.s. attorney's office and >> there is a witness on video saying that it was a d.c. metro policeman. i didn't know if you had been able to confirm or deny that. on june 22 of 2016, judge, most of the democrat members of congress took over the house floor and for the first time in american history members of congress obstructed an official proceedings not for four to six hours, but for virtually 26 hours. not just violating over a dozen house rules but actually committing the felony that some of the january 6th people are charged with. that was during the obama administration. nobody has been charged. and those kind of things where
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you let democrat members of congress off for the very thing that you are viciously going after people that were protesting on january 6 gives people the indication that there is a two-tiered justice system here in america. you know well, you've been a circuit court judge, you know well that confinement -- pre-trial confinement is not ever to be used as punishment. yet there are people -- and understand as a former tough law and order judge i would sentence everyone, regardless of their party, who did violence or committed crimes on january 6th to appropriate sentences. but for heaven sake, they are being abused in the d.c. jail. have you done an inspection over there of the d.c. jail since your department has some
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jurisdiction? >> any understanding is the judge i -- >> he held the warden in contempt but we haven't seen improvement. >> he asked for a review and the justice department is conducting a review. the marshals did an inspection the other day that was reported in the news and the civil rights division is examining the circumstances. this is the district of columbia jail not the prison system. >> as i explained to members i view the wearing of facemasks as a safety issue and important matter of order and decorum because i'm responsible for preserving order and decorum in this committee i am requiring members of staff attending this hearing to wear facemasks. i came to this decision after the office of the attending physician released its guidance requiring masks in committee hearings some time ago. i note that some members are still


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