tv Fox News at Night With Shannon Bream FOX News January 17, 2020 8:00pm-9:00pm PST
>> laura: it's supposed to be about them, mr. president. did you notice, by the way, coach o gave the nicest fist pump there. that's what i like to see. that's all the time we have tonight. shannon bream in the "fox news @ night" team take it from here. go have a ♪ ♪ >> shannon: hello and welcome to "fox news @ night," i'm shannon bream in washington. we began with a fox news alert. another document dump from house democrats late this friday night. they say it is more evidence the senate should consider next week's impeachment trial. this week's star witness, former giuliani associate lev parnas under indictment and at the center of it all. we are digging through documents tonight. plus, this u.s. supreme court takes on two more blockbuster cases. could one of them put in end to the electoral college as we know it right before the election?
with the details. the trump administration making over school menus, and former first lady michelle obama is not going to like it. we start tonight with gillian turner digging deep into tonight's document dump and what lev parnas has to say about all of it. >> parnas claims he worked hand in glove with rudy giuliani to liaise with ukrainian officials. here are the big ticket items. new text messages from robert hyde, a republican congressional candidate and connecticut messaging with a belgian phone number about surveillance of former ambassador to ukraine marie jovanovich. in response to ace a photo of yovanovitch, the belgian number tells hyde "my contacts are checking," adding "i will give you my results next week." nothing is changed, she is still not moving, they checked today again. and then, "it is confirmed, we have a person inside." there is also this whatsapp
message. >> she is in ukraine. >> hyde is totally unreliable, saying he doesn't know president trump or rudy giuliani and is frequently drunk. >> why did those exchanges happen? what was he trying to tell you? >> i don't believe it was true. he was either drunk or was trying to make himself bigger than he was, so i didn't take him seriously, and i didn't even respond to him most of the time. if i did, it was something like lol or okay or great. >> also a tranche of texts between his client and derek harvey, senior aide to republican devin nunes that were sent in the spring of 2019, as parnas was working with giuliani in ukraine. he asks about several contacts there and refers to as rumors about hillary clinton's 2016 campaign working with ukrainian officials to dig up dirt on then-trump campaign manager paul manafort.
tonight, president trump's team in place. seven who mirror -- pat cipollone, president's outside counsel jay sekulow, former independent counsel ken starr, harvard law professor alan dershowitz, former whitewater prosecutor robert ray, former florida attorney general pam bondi, and jay raskin, who handled much of the mueller investigation for the president. tonight, some of those big names coming under media scrutiny. >> these people are good on tv, but they bring a tremendous amount of baggage with them that i'm not sure is necessarily a plus. >> the chief counsel for the president, pat cipollone, is going to be leading the team, and if i were he, i would not be particularly pleased with the team and the president has assembled. >> the senate has filed an official summons for president trump to appear at the trial. he has now got until tomorrow night at 6:00 p.m. to file his official reply. also, do tomorrow, house
impeachment managers trial briefs. a really big day tomorrow for all of the legal components now in play. shannon? >> shannon: it sure is. gillian turner, thank you. while the senate over the president's most significant bipartisan victory this week, but it didn't seem to register. howard kurtz looks at this week's coverage. >> it was a split screen the morning, president trump announcing a trade deal with china, bumping nancy pelosi from the screen, then getting bumped himself as house democrats voted to send the senate the impeachment articles. as the trial began, the pundits were rehashing familiar arguments about the charges being urgent or irrelevant, and the calling of witnesses, when someone wants to testify seized the spotlight. suddenly, the pundits were debating lev parnas, the indicted rudy giuliani associate who says he was part of an illicit scheme to pressure ukraine. speak all of this incredible information confirming the worst aspects this president was involved with a deal
around the u.s. government, like nixon, like the plumbers, working for his political enemy. >> democrats know these articles are so laughably weak, they have decided to include brand-new, a during their schiff sham impeachment proceedings. >> "angle" launched a media blitz, boosting msnbc's rachel maddow to her highest ratings ever. >> president trump no exactly what was going on. he was aware of all of my movements. >> with parnas describing his documents, reporters asked the president to respond. >> get zelensky to announce thee biden case will be investigated. mr. giuliani tasking you that you should get that commitment from zelensky? >> that was always the main objective. >> i don't even know who this man is. >> the media arguments of whether parnas is credibly accusing the president or buying in hopes of a lenient sentence are microcosm of the debate over the senate trial. and as cable news braces for wall-to-wall coverage of next
week's trial, one thing is clear. from the iowa caucuses to the houston astros cheating scandal, every other story is being drowned out. shannon? >> shannon: right you are. howard kurtz, thank you. well, a brand-new document dump from the house judiciary committee relating to lev parnas tonight. so how should we assess his claims? let's talk about with civil rights attorney robert patillo and "the daily caller" editorial director vince coglianese. here is something -- "the new york times," covers the white house, covers the president. here is what she said about lev parnas at assessing him as a witness. >> one of the hallmarks of a trumpet era is anybody who is oppositional to trump get instant credibility. we have seen it over and over again. michael avenatti. cohen at various points, even when he was, you know, admitting to lying to congress at some point to come after he had pleaded guilty to other charges. it's important to assess these on their own. >> shannon: jake tapper at cnn had something similar to say.
you are treating him like teddy roosevelt. what we make of this? >> a couple of news anchors started admitting what should have been more obvious early on. you have rachel maddow, anderson cooper conducting interviews with lev parnas, and kind of treated him like everything he was saying was deeply credible, and i think the move that we are seeing right now is dependent on is this guy against trump? 5 minutes ago, he was in on trustworthy, of buffoonish figure in the trump story. now he is being treated as an unimpeachable source of wisdom, and that is entirely dependent on whether or not he is going against trump, which he is at this point. >> shannon: hard to know what to believe when somebody is under indictment and they have self interest. robert, doing the best they can to help the government or to make their situation better. it doesn't mean he's not telling the truth, but it means that you question the material he is presenting. >> our judicial system handles cases like this every single day. it's not that difficult. you subpoena him, depose him, and ask them questions at trial, and then impeach his testimony
was credible evidence. in a statement he says is untrue come all the white house has to do is produce evidence to contradict it. instead of fighting through twitter, through rachel maddow, anderson cooper, just call him as a witness at the impeachment trial, impeach him, and then we will be done with this. it's not that part of a thing to figure out. we do it -- there are 10,000 criminal trials somewhere today with that exact thing happened. i don't know why we are acting as there's a some kind of novel event. >> that's precisely what he wants. >> shannon: he does. he says why haven't they called me? i know everything, have all the dirt. >> the reason he would want that is because he is he being prosecuted by the fed and is looking for an immunity deal. >> shannon: you when you use the word impeach -- just so people know, not impeach in the sense of the president being impeached. you can put a witness on the stand, find they are not telling the truth about something, and it wipes that everything else they are saying. >> exactly. but this entire issue to the re, put them on the stand, evidence
that demonstrates its untrue, and negates everything he says and puts a taint on everything he says, and also, he will commit perjury, which will go on top of the other federal crimes he is being charged with. >> shannon: you're making it sound fun if he is called. >> instead of having these tweets and proclamations about himalayan, just put a piece of paper in front of him. >> shannon: if he is telling the truth, then he will be able to back that up. this is what two former high ranking doj officials wrote in "the washington post," as this was trickling out -- not tonight, the last couple of days with parnas. what they say the documents help explain trumps consistent bush to buried evidence against him. let's see what else he is hiding in front of the senate next week and a good old-fashioned american trial for all to see. but vince, this isn't your typical, good old-fashioned american trial. >> if i could pull this how it is going in the contents of the whole presidency. it's an ongoing bugs bunny cartoon, elmer fudd chasing yet another rabbit hole comedy his gun down the rabbit hole,
blasting his own pants off. this happens over and over aga again. michael avenatti, stormy daniels, michael cohen, i can name so many figures this has happened, and this is the latesiteration. we get maybe an entire week of hysterical overreaction, and then trump a still president, and people forget this guy ever existed. >> shannon: here's trey gowdy, former congressman, and one of the best attorneys out there. here's what he said about what he has seen so far of parnas and how he would hold up as a witness. >> parnas gave three different answers to the same question about mike pence. his first answer is i'm absolutely certain pens knew about. three seconds later, he said he had to have, right? last answer was it was possible. those three answers don't do you well in a courtroom, they do great in headlines, but not in a courtroom. >> shannon: you think, robert, they should take a chance and put them on the stand. >> trey gowdy just said it. if you really believe, if president trump really believe this individual is lying, if the senators really believe they are
lying, put them on the stand. embarrass him. impeach him. make them perjure himself, and then lock him up. it's not going to benefit him and he if he refuses to testify, unlike the president, who barely think you do not have to reply to congressional subpoenas, you can arrest him for that, have the marshals drag him in. there really is no argument against having him testify, unless you just simply don't want his testimony to be presented. i think what we have in the american system, we don't have a star chamber, we have an apparatus, a cross examination, greatest tool for discovery and the truth. >> shannon: we are going to leave it there, so quick. >> we don't have a star chamber, sits in the house under adam schiff and intelligence committee come in the basement of congress. but no star chambers. >> shannon: we will leave it there. gentlemen, gray tabby both heat on friday night. the supreme court announced today it will take up two blockbuster cases in a term already packed full of headlining making disputes. the first could actually affect who is elected president this
thless electors, people chosen to represent their states in the electoral college in 2016, but decided to buck the system. >> back in 2016, if you electors decided to go rogue, arguing it was unconstitutional for their states to force them to match the popular vote. one in colorado and three in washington state. colorado removed and replaced its faithless electors, washington state allowed them to do it, but find them. both cases ended up in the court, and there was a split in the decision, so now the supreme court will weigh in. in a close election, it's possible to imagine a scenario in which flipping four electoral votes could change the presidency. critics of the effort to allow electors to vote as they wish one of a situation in which they face incredible pressure and coercion, while the country weekweeks weeks to figure to the present will be. the plaintiffs say we are thrilled the the supreme court will take of our cases.
the state had no right to penalize us for exercising a right to vote. the other big case added to the docket today involves the little sisters of the poor, in order of nuns who have been to the supreme court twice over regulations stemming from the affordable care act requiring employers to provide cost free employee access to birth control. centers on a rule from the trump administration which expands the class of employers who can opt out of paying for certain kinds of birth control based on religious or moral objections. the aclu reacting tonight, "allowing employers and universities to use their religious beliefs to block employees and students birth control coverage is an religious liberty, its discrimination." the legal group represent in the nonsaying tonight, there are plenty of ways to provide people contraceptives without forcing catholic nuns to participate. >> shannon: both of these high-profile cases are likely to be argued in march or april. decisions are due by late june, early july.
as crimes soared in south bend under mayor pete buttigieg, the police department was ordered into training that warns them to watch out for sizes on. and warns them not to use phrases like "hearing impaired." tezlyn figaro and kristin tate will debate next. al. only pay for what you need with liberty mutual. con liberty mutual solo pagas lo que necesitas. only pay for what you need... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ a peaceful night sleep without only imagine... frequent heartburn waking him up. now that dream is a reality. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? why fingerstick when you can scan? with the freestyle libre 14 day system just scan the sensor with your reader, iphone or android and manage your diabetes. with the freestyle libre 14 day system, a continuous glucose monitor, you can check your glucose levels any time,
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♪ >> shannon: in just two and a half weeks, all eyes will be on iowa for the first in the nation caucus. tonight, a new poll finds 40% of presented of caucus goers and still haven't made up their minds. correspondent peter doocy has more on candidates trying to close the sale. >> biden is snowed in. just three fridays left, he >> i am here to brave the tough,
the one to take on the snow. it is great to be here with you today. >> warren's new feud with bernie sanders isn't a surprise to the former governor of his home state, vermont democrat peter someone tells "politico," what i've seen in bernie's politics, he and his team feel they are holier than the rest. in the end, they will play dirty because they think they have had a purity test that republicans and most democrats don't pass. when you are seeing now is in the end, even if he considers you a friend like elizabeth warren, bernie will come first. that's not how president trump sees things shaking out, he tweeted today, "there rigging the election again against bernie sanders, just like last time, though even more obviously. they are bringing him out of so important iowa in order that come as a senator, he sit through the impeachment hoax trial. crazy nancy thereby gives the strong edge to sleep you creepy joe biden. it's a lot of fun to watch. barack obama is trying to stay out of the primary fight, but he
is the start of a new biden campaign ad, from the day he was surprised with the medal of freedom. >> does not capture the full measure of joe biden. >> be fair, okay? i've been consistent leading in the polls after taking all of the hits. i go down, everybody who has hit me is i would. you declare me, not you, editorially declare me dead, and guess what, i ain't dead. >> some campaigns could come back to life because the dnc just announced a brand-new way to qualify for the next debate. anyone who earns a pledged delegate in the iowa caucuses will qualify. that could change some candidates pitches, but not until after the campaign trail has been plowed. shannon? >> shannon: looks like it is going to need it. peter doocy, thank you. all right, remember the presidential physical fitness test in school? congressman tulsi gabbard campaigning to actually be
president, being challenged to a push-up contest. she won there to remember former vice president biden has been known to challenge others to push-up contest on the trail, too. for all things only 2020 campaign trail, joining us now, former bernie sanders national staffer tezlyn figaro, and from young americans for liberty, kristin tate. great to see both of you ladies. i want to play a bit of joe biden and the push-up stuff. i think we have that, too. >> i get things done, that's why i'm running. you want to check my shape on it, let's do push-ups together, man. whatever you want to do. >> shannon: he is ready to go, tezlyn. >> no, tulsi would wipe the floor with vice president joe biden. i'm a veteran, so i'm always me to take a bet on the bet. i don't think that is something him or senator sanders would want to do, to have a push-up contest with someone is in shape as tulsi gabbard. it was fun to see. but they better focus on pushing up the vote, i think that is what is more important than running around doing physical
tests. >> shannon: there's another attack, multiple of them, now it's really getting down to the wire for them, just ahead of the iowa caucus. mayor pete buttigieg, some say this is a swipe at senator bernie sanders come in an email, he said some of our competitors, like bernie sanders, have run for president before. goes on to say, and we are going to turn the page in our politics, we have to be able to compete with the people who have been working in washington for years. he knows how popular the washington outsider line was, how well it worked for president trump the last time around. seems like a pretty direct line of attack, kristin. >> no, buttigieg is correct, bernie sanders love to call himself an outsider, but he is the epitome of a d.c. inside insider. he has spent almost 30 years in the house and senate, and while he has been a public figure, he has catapulted himself into the top 1%. federal taxpayers have subsidized this man's life to the tune of $4.5 million over the years. the only career bernie sanders has ever really known is being a
politician. but you know what, shannon? that's kind of true of all of the top-tier democrats. bernie sanders, joe biden, elizabeth warren, none of these people have created a single job in the private sector over the last five decades. now, all of them think they can swoop in and take over the u.s. economy as president. it's really quite terrifying. >> shannon: well, listen, many of them who want to score this new job and have been in washington for a long time are out of luck making these final pitches in iowa, will be no -- we have all been there -- people want to shake your hand, in their house of worship, their diner, their home, but a lot of these guys -- four current senators running, and these folks are not going to be on the campaign trail, at least not a whole lot, because they will be stuck here in washington for a senate impeachment trial. "the new york times" says bad timing for jury duty. unlike voters in big states, texas or california, where advertising is king, iowans expect to see the candidate of close, in their living rooms, farms, ethanol plants, or at least in the banquet hall
somewhere. tezlyn, how much of an advantage of this give candidates like biden, buttigieg, who could stay on the trail and try to close the sale? we talked in the last package about how 40% of caucus goers still don't know who they are going to vote for. >> it is important that they are there to shake hands in iowa, but the thing bernie sanders has an advantage is he has been organizing iowa for the last three or four years straight, where everyone else was thinking about running. you have sarah gets out there, like senator nina turner come out there every single day, just left iowa last week, can still pack a house. other sara surrogates, but theye not packing the house for joe biden. a recent meeting in south carolina where no one literally showed up at the meeting, had to take the meeting on the bus. it may not fair to well for the taft top-tier democrat joe biden, but things will go on for senator sanders. >> shannon: in the meantime, this story in mayor pete buttigieg, and it talks about what happened under his record as mayor in
south bend. "the washington free beacon" says south bend's police department instituted a series of diversity and antidiscrimination training sessions in 2017, and those sessions took place as violent crimes surged in the city, reaching the highest level in 20 years in 2018. now, training sessions are important, but judicial watch got a look at some of the training materials, and they included this. police were warned against things like ageism, language is him, which i'm going to be honest, i don't know exactly what that means, materialism, ad sizes. kristin, i don't know. >> under mayor pete buttigieg's leadership, police department was forced to prioritize political correction over public safety. ageism and languagism, sizes him, they were demeaning to the police department, demeaning to the community, and it doesn't make anyone and he safer. a year after the biased training occurred, violent crime in
south bend hit a two decade high. you have to ask yourself, if you were a citizen living in south bend, do you want someone running your city who is prioritizing political correctness, or somebody who is going to prioritize going after the bad guy and getting them behind bars? mayor pete is really good at speaking, very eloquent, but when it comes to policies, he has a track record of implement and policies that have a really terrible effect on the most vulnerable. >> shannon: he continues to sway and woo a lot of voters out there who have pushed him into the fold where he is one of the top contenders. we will see how it works in iowa and beyond. tezlyn and kristen, have a great weekend. great to have you with us. >> thank you very much, shannon. >> shannon: under president trump, school lunch menus are getting a makeover, and former first lady michelle obama is probably not going to approve. that's next. burn. so you don't have to stash antacids here... here... or, here. kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn.
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the associated press that u.s. immigration and customs enforcement meant agents in guatemala worked with national police there to apprehend hunted migrants. they reportedly loaded the migrants on buses funded by the u.s. and sent them back to honduras. tonight, we are told some of the migrants are reportedly heading back north and yet another try for the u.s. border. also in new tonight, the trump administration rolling back another obama era policy. this time, the department of agriculture overhauling former first lady michelle obama's signature achievement. chief breaking news correspondent trace gallagher has more for us tonight. good evening, trace. >> shannon, good evening. the newly imposed rules would affect 30 million students in 99,000 schools and would allow schools to cut the amount of vegetables and fruits required at breakfast and lunch. and allow them to sell more pizza, burgers, and fries. the usda argues that because of confusing rules and minimum requirements that are unrealistic, schools were forced to give students things like two
bananas, or two of the same vegetable, and invariably, the students would end up throwing some or all of their meal way. aside from the waist, the usda argues that since the info mentation of former first lady michelle obama's healthy hunger free kids act, school lunch participation rates have dropped, and the school nutrition association, the trade group for manufacturers come has advocated for less stringent requirements, saying it has led to reduced lunch participation, high costs, and food waste. though the group also calls the obama era standards and overall success. remember, aside from more fruit and vegetables, the obama rules required schools to cut trans fat and sodium, and serve only skim or low-fat milk. numerous studies show the obama standards did lead to a higher quality diet though it's unclear if the diet is actually leading to healthier kids. the centers for disease control and prevention says at last
checked, the childhood obesity rate is continuing to rise at a dangerous level. and to throw a little bit of politics into this federal food fight, some are criticizing the trump administration for proposing the new school lunch rules on michelle obama's birthday, "this isn't about improving the health of youth in america, it's about trump trying to reverse michelle obama's efforts." " visit administration is evil. trump supporter's also weighed in, "bad news for the cardboard companies, because that is with the meals taste like." it does not appear the former first lady has commented on the proposed rule changes. shannon? >> shannon: trace gallagher in new york, thank you. all eyes on virginia ahead of a gathering of gun rights activist on monday, as president trump warns the second amendment is under attack. that is next. but first, where the world? china's economy slowing to its weakest rate in three decades.
putting an exclamation point on the president's tariff strategy and bringing shame to the table in a new phase one trade deal. analysts tonight pointing out the trump administration of the first since the cold war to actually use american economic might in struggles with adversaries and allies alike. to afghanistan, where the thad levine is offering our top envoy to afghanistan a temporary cease-fire that would last 7 to. while it's unclear if the new offer will restart peace talks, the taliban seem to be baking on president trump's long stated interest in bringing our thousands of troops home from afghanistan. 100 french protesters shutting down the louvre. the world's most visited museum. over the government's planned pension overhaul. the latest tip in a 44 day standoff between president emmanuel macron's government and labor unions that are increasingly frustrated with the plans to abolish some retirement programs.
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>> shannon: the fbi has arrested a white supremacist ahead of the pro-gun day at virginia state. correspondent leland vittert taking a look closer look at the arrest. good evening, leland. >> even tonight, the story is changing. governor can ban the carrying of weapons for the pro-second amendment rally at the statehouse. this year is expected to be bigger than ever, adding to the tension, the fbi has arrested a handful of accused neo-nazis attached to a number of groups. in one case, three of them were, according to the associated press, going to attend. the democratic governor said he is worried about monday's rally. so worried, he is using his emergency powers to ban guns and call in heavy security. >> it's the first rally in decades where you have a second amendment rally, and there is no guns there. virginia is mostly red when it
comes to landmass. a very specific subset in northern virginia, richmond and on the sure. i find it amazing they think they can sweep away the second amendment and i think there's going to be backlash. >> denver riggle may represent the largest district in virgin virginia. virginia gun sales in december hit the second-highest monthly total since 1990. democrats flip to the virginia house blue in the off year election, and this week, the state senate passed three laws, senate bill 35 authorizing any locality that prohibits ammunition and firearms in public spaces during events. another bill preventing those that are not licensed firearms dealers from buying more than one gun in a 30-day period. and another with firearm transfers. the president trump treated ton, "your second amendment rights are under attack, that is what happens when you vote for democrats. they will take your guns away."
>> in my district, james madison was the first congressmen, and think what you are seeing, people with their historic rights i in the bill of rights, it's the wrong place. >> riggle men went on to predict this could potentially turn virginia for president trump. that brings us to 2020 politics, shannon. one of the biggest attacks used by republicans against the new democratic majorities in virginia and their proposed gun-control bills as they were allegedly funded by michael bloomberg. >> shannon: well, that does set up a 2020 angle, doesn't it? >> yes, and we wait for monday. >> shannon: thank you, leland. the organizers of monday's gun rights day at the capital worried their message could be co-opted by extremists. many member on the virginia naacp, phil thompson. bearing arms.com editor cam edwards. welcome to you both. following these arrests, the governor says this. this is the right decision. i took this action to protect
virginians from credible threats of violence because the threats are real, as evidence of reports of neo-nazis arrested after discussing plans to head to richmond with firearms. cam? >> you know, unfortunately, it does seem as if there are some individuals trying to co-opt this incredible outpouring of support for the second amendment on the part of virginians. i've been to these meetings across the state of virginia for the past two months, and each and every one of them has been peaceful. each and every one of them has been passionate. these are average, everyday virginians showing up in mass numbers to support their second amendment rights. unfortunately, because of the size of the crowd we are now seeing, there are those outside influences, outside forces, who want to try to seize this gathering and try to take attention away from us passionate, grassroots organization. and to try to use this for their own agenda. >> shannon: one of the organizers, virginia citizens defense league, said we cannot stress enough that this is a
peaceful day to assemble and address of the legislature about protecting our right to keep and bear arms. lobby day is not about statues, flags, racism, sexism, or anything other than protecting the right to keep and bear arms for all law-abiding citizens. phil, do you think they will be able to contain and focus that message is much as the organizers want to end hope to? >> you know, you would think there would be a clear message coming from the republican leadership in virginia, and also from these gun rights groups, that the white supremacists and and those who have those views are not welcome at their rally. i think as long as they do not clearly state that these elements are not invited and shouldn't be there, then they are going to be associated with that element, and there is going to be always that concern that these rallies are going to turn into a charlottesville type of situation. >> shannon: cam, what do you make of that? there's been a lot of throwing around that this is a similar kind of thing, or the governors and others hinting we don't want another charlottesville, but a lot of organizers telling us
it's a lobbying day, not a demonstration. they want to talk to lawmakers. do you think they will have the ability to do that? was that getting lost -- the message getting lost in all of the chaos and controversy around this thing? >> well, i think it is important to remember that the charlottesville incident started as a rally for the old right. they were out there, i think, looking for trouble. as you point out, this is an annual event held at the virginia capital each and every year, normally 800 to 1,000 gun owners that show up, but because of ralph northam's anti-gun agenda, and other expected to be tens of thousands of virginians out there. i do think they will far outnumber any troublemakers outside agitators, anyone who tries to use this event for their own purposes. i think we are going to see a strong outpouring of virginians from all across the state, people who will drive four hours to get to the state capital in hopes of their lawmakers listening to them about why ralph northam's gun-control
agenda such a disastrous mistake for the commonwealth. >> shannon: philip van cleave, president of virginia citizens defense league in one of the organizers, as we said earlier, says the governor and leadership of the democratic party have declared war on law-abiding gun owners, and they are tired of it. it's basically people saying we are fed up, we've had enough. phil, what do you make of the predictions that this could actually work to the republicans advantage, because there was such a sweeping win by democrats across the commonwealth? does what the governor has done motivate the base that is much more conservative in nature to show up next time? >> it could do just that, but if the crowd is full of confederate flags and people with signs saying things that have nothing to do, really, with the second amendment right and have more to do with white supremacists and that whole concept, then you're going to lose their message. it should be incumbent upon the people there to police their own event. in addition, if there's any kind of discharge of a firearm, that's going to be very problematic, and if you go to gun shows, people have requirements when you come to a
gun show to secure the weapon so it doesn't fire, and may be these groups need to do something like that so people are not walking around with weapons that could go off and cause some problems. >> shannon: yeah, i think everyone is hoping for a very, very noneventful, peaceful day on monday where people get to use their first amendment right to protect what they say are their second amendment rights. and everyone goes home having had a good, peaceful conversation. phil and cam, thank you for that tonight. >> thank you. >> shannon: all right, night court convenes next. will a court of how a man to challenge his ex-wife or her attorney to a duel with swords? you are the jury, next. if you have moderate to severe psoriasis, little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently.
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♪ >> shannon: time now for night court. on the docket tonight, a kansas man wants to settle a dispute with his ex-wife with combat. but first, start with the man in new york suing a website over their alleged lack of closed captioning on explicit videos. we bring into nice legal eagles. criminal defense attorney bob bianchi, washington times of affairs reporter at attorney alex swoyer. you guys are good, because we have interesting cases tonight. exhibit a, this is for you, alex, defendant excludes the death and hard of hearing, this porn service from the full and
equal participation on their websites, and thereby ended conjunction with the physical location, in violation of plaintiff's rights under the ada, the americans with disabilities act, they say there aren't closed captioning on all of the videos. alex? >> of the ada was passed in '91d toward physical spaces, and that offers goods and services. courts have been really split about how to apply that now to the virtual space. the supreme court has recently as last year decided not to take a case on this. the doj has given guidance that government websites do need to be ada compliant, but for the rest, it's kind of bend, you know, different. h&r block was one the doj got involved with and said there is a service offered, so they do need to meet some of the guidelines. i would argue that pornhub does not have a good or service, more entertainment site. >> shannon: bob, this looks like it is turning into a
class action lawsuit. exhibit b, from pornhub's vice president, while we do not comment on active lawsuits, would like to take this opportunity to point out that we do have a closed caption category. so why the lawsuit? >> let's put the porn hub piece aside, this is what gets people fired up about this. they have a closed captioning, and if that is a factor that is accurate, then the lawsuit is going to be significantly hampered, because they will have been in compliant compliance with the ada regulations, so that needs to be resolved. but if they didn't, private companies need to know that if you don't comply with this, you could be held responsible. the courts and congress can't come to a decision, like alex said, it hasn't been since 1996 anyone gave us any guidance. >> shannon: that's the case with a lot of cases ending up at the root supreme court, the law doesn't keep up with technology. we are still talking but televising things, not smartphones. case number, this is a guy who obviously has a huge dispute
with his ex-wife. their second court, he has petition the court to take care of it with a sword fight. she said she sai he said she cab in her attorney. he says in the request, she he is requesting trial by combat. exhibit c, it's never been explicitly banned as a right in the united states. bob, it's not illegal, apparently? >> it's a violation of the criminal law. the court is never going to allow this. in my law practice, we work closely with family law attorneys. we do criminal defense work. i see the pictures you have up there. but nothing -- >> shannon: these are not the people. speak of these are the people. nothing is worse than when we work with the family law attorneys and domestic violence cases or cases that wind up becoming criminal, because people lose their minds in the contest in a matrimonial action. the judge, shocking to me: last point, should have immediately said no, thank you very much, don't waste the courts time, but if you believe it or not,
the court is going to actually consider -- >> i know, it's great. and the woman's attorney had to file a response. >> shannon: here's the thing. the guy has said if you're going to decide to let me do this, i need you to give me enough advance warning, because i have to find the specific swords and prepare them, and be trained and be ready to go. and he says no one has to die. he says you can just declare yourself, i'm out, i've lost. it doesn't have to be to the death. here is the wife's attorney, ex-wife's attorney says this. it should be noted that just because the u.s. and iowa constitutions do not specifically prohibit battling another person with a deadly -- [laughs] sword. it probably does prohibit a court sitting in equity from ordering this. alex? >> not just that, but also the fact that iowa does ban murder would be problematic in this situation. but what was interesting to me, in doing research for this, you know, several states haven't banned dueling, and in iowa,
specifically, i saw it, it's not banned, but you can't serve public office if you have participated in one. so i thought that was interesting. >> shannon: they're all sorts of things we learn through this. i'm pretty sure the court is not going to let this happen, but both of these cases, the first case has a better chance of going somewhere, the second one probably not so much, but we will follow them because folks come at home, you are the jury. tweet us with the hashtag #nightcourt, @foxnewsnight, @shannonbream, let us know. you have done a great job with what we assigned you tonight. >> thank you. >> shannon: time for tonight's midnight hero. last four years, parker posey, gordon golden lab mix, has offered comfort to the children at san francisco's pediatric e.. her owner, dr. vincent hammer is, will not leave home without her. five days a week, by his side at the hospital providing kids with the peace and relaxation they need before undergoing a procedure or to administer -- look how cute -- the first dose of healing after something that
is a traumatic experience. you are all over midnight hero's tonight. most watched, most trusted, and most grateful you spent the evening with us come have a great weekend. good night from washington. i'm shannon bream. ♪ $12.99 all you can eat now with boneless wings. only at applebee's. ♪ ♪ well i'm standing here, looking at you, what do i see? ♪ there's a booking for every resolution . book yours at booking.com americans have come to lendingtree.com to shop and compare their loans and credit cards for over 20 years. now with the new lending tree app you can go beyond loan shopping and see your full financial health, including your free credit score, ongoing credit monitoring, your current cash flow and financial future. then
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only pay for what you need with liberty mutual. con liberty mutual solo pagas lo que necesitas. only pay for what you need... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ we will see you then. ♪ ♪ >> tucker: good evening and welcome to "tucker carlson tonight." not what they call a managerial election. not a contest to determine which branch of the establishment gets a turn at the wheel. this isn't a clinton dole 96 kind of race where you are pretty sure that no matter who wins things aren't going to change very much. this year, the one thing you can be certain of is that things can be very different when it's over. the issues at stake are bigger than just the economy or even our foreign policy commitment. 2020 is about the broadest possible question. what kind of country should we have? who should live here? what will america look like 50 years from now? there are a lot of pos