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Partial Government Shutdown Day 14; Civility In The New Congress; Trump Warns Impasse Could Last “Years”; Trump Considers Declaration To

January 7, 2019

xfdls FOX-NEWS-@-NIGHT-01


<Date: January 4, 2019>

<Time: 23:00>

<Tran: 010401cb.259>

<Type: Show>

<Head: Partial Government Shutdown Day 14; Civility In The New Congress;

Trump Warns Impasse Could Last “Years”; Trump Considers Declaration To

Build Wall; Mueller Probe Grand Jury Extended For Six Months; Warren Backs

Trump’s Troop Withdrawal Push; Democrats Previously Backed Syria And Iraq

Drawdowns; President Touts 312,000 Jobs Created In December; Fed Chairman

Powell Indicates Rate Hikes May Steady; USCIS Reviewing Old Naturalization

Records; Man Sues Burger King After Free Food Offer Revoked; Combat Veteran

Lawmakers On House Floor - Part 2>

<Sect: News; Domestic>

<Byline: Shannon Bream, Leland Vittert, David Spunt, Chad Pergram, Douglas

Schoen, Trace Gallagher, Daniel Hoffman, Edward Lawrence, Anita Vogel>

<Guest: Tom Bevan, Vince Coglianese, Brandon Judd, Gayle Trotter, Robert


<Spec: Political; Donald Trump; Government Shutdown; Congress; Elizabeth

Warren; CIA; Daniel Hoffman; MSNBC; Nina Turner; Syria; Afghanistan; Bernie

Sanders; Joe Biden; ISIS; James Mattis; Jim Webb; Patrick Shanahan; General

Petraeus; Wall Street Journal; Turkey; Jobs Number; Larry Kudlow; Market;

Economy; Immigration; Felonies; Burger King; Curtis Bruner; Free Food For

Life; Bathroom Door; Dan Crenshaw; Brian Mast; Jim Baird>

But I do believe that, that it’s important and I’ve witnessed this firsthand, for cabinet officials to disagree with the president. And it’s quite good when the president challenges his own assumptions as president Trump did last August 2017 on Afghanistan. Made that speech and swiveled in a different direction.

BREAM: Well, and one of the big issues now, of course is this pullout from Syria. And a report today in the Wall Street Journal talks about that Turkey is now asking the U.S. for major support if it’s going to kind of take over the role that, at least, partially the U.S. had there.

It says, “Turkey’s asking the U.S. to provide substantial military support including airstrikes, transport, and logistics. So that Turkish forces can assume the main responsibility for fighting the Islamic state extremist group in Syria. Senior U.S. officials say, the Turkish requests are so extensive that if fully met, the American military might be deepening its involvement in Syria instead of reducing it before leaving. The officials added.

HOFFMAN: Yes. I think President Erdogan woke up after that phone call of President Trump and maybe thought that might not be such a good idea to ask us to leave.

I mean, just last week alone, reportedly, we took 400 strikes against the Islamic State. Turkey doesn’t have the capability we have, the logistics, the air capability, our counterinsurgency tactics, and strategy that Turkey doesn’t have. And then you’ve got Iran and Russia, busy mounting chemical weapons attacks against innocent civilians. They’re not mounting attacks against ISIS.

Turkey’s been hit with a lot of terrorist attacks and they won’t enjoy any productive relationship with the Kurds, of course. And it’s been the United States through the Kurds, leveraging our Kurdish allies that have taken the fight to ISIS. I think that really is what makes Turkey nervous.

BREAM: Yes, we know top U.S. officials are set to have negotiations with them and talk this through next week. John Bolton, the General Dunford, and envoy --


HOFFMAN: Ambassador Jeffrey, as well.

BREAM: Yes, so --

HOFFMAN: It is a diplomatic element to this too, for sure.

BREAM: Yes, and I know that the Kurds -- that’s one of the top issues they have to negotiate with Turkey over.

HOFFMAN: All right.

BREAM: Daniel Hoffman, thanks for coming in tonight.

HOFFMAN: Good to see you.

BREAM: Have a great weekend. All right. After an economic roller coaster ride for Wall Street this week, nearly flawless economic news for the president. Stick around, we’re going to tell you how it affects your bank account. Plus, if you’re thinking of visiting China, you may want to think twice. That story tops “WHERE IN THE WORLD” when we’re back.


BREAM: Another wild week on Wall Street, but this time, it ends on a high note. Edward Lawrence with the Fox Business Network joins with more. Hello, Edward.


EDWARD LAWRENCE, FOX BUSINESS NETWORK CORRESPONDENT: Shannon, a blockbuster number of jobs created in December: 312,000 jobs were created by this economy, crushing the estimate of 177,000 jobs. That means, for the calendar year 2018, this economy created 2.6 million jobs. The White House quickly taking credit, President Donald Trump saying his policies sparked job growth.

TRUMP: This is a great number. I think it has a lot to do with the factories and with the companies that are moving back into the United States who have left and now they’re coming back to us instead of being in other countries.

LAWRENCE: Well, the stock market reacted to the news as well as comments from Federal Reserve Chairman Jerome Powell that the fed may slow interest rate hikes going forward. The market ended up at 747 points, erasing losses from the first trading day of the year. White House Economic Advisor Larry Kudlow says, the markets just needed to take a breath.

LARRY KUDLOW, WHITE HOUSE ECONOMIC ADVISOR: It doesn’t get any better than this and I really would urge people to reconsider their pessimism.

LAWRENCE: This has given investors optimism that their 401(k)s may start to turn around and bounce back up this year. The president points to low unemployment, rising wages and low inflation as a good foundation for the economy. Shannon?


BREAM: Edward Lawrence, thank you very much. A travel warning for Americans in China, that story leads tonight’s “WHERE IN THE WORLD.” Heightened diplomatic tensions with China prompting the U.S. State Department to renew warnings for Americans traveling through the communist country. Officials warning of arbitrary enforcement of local laws along with travel restriction on short notice as well as the use of exit bands which Secretary of State Mike Pompeo says could trap Americans in the country for years.

The family of Paul Whelan speaking out tonight after Russia charged the former U.S. Marine with espionage -- a crime that could carry a 20-year prison sentence. His brother, David, denying that he is a spy, writing in The Washington Post that he was only in Russia for a wedding. The family is also calling on President Trump to directly intervene on his behalf.

And the British army getting creative in its recruitment efforts. Take a look at these posters appealing to binge gamers and phone zombies. U.K.’s Defense Secretary Gavin Williamson says the campaign that makes appeals to so-called snowflakes is a powerful call to action.

Well, they’re taking it twice. The government going back looking for immigrants who lied in order to get into the U.S. and potentially stripping them of U.S. citizenship, it’s called denaturalization. We’ve got a report on that, next.

Plus, the Border Patrol Council has been in President Trump’s corner, backing his bid to build the wall but critics say: it will never work, calling it immoral and unethical. Well, the President of the Border Patrol Council, Brandon Judd, joins us live. We’ll see what he has to say when we return.


BREAM: A funeral was held today for the California police officer killed by an illegal immigrant during a traffic stop. 33-year-old, Corporal Ronil Singh was fatally shot the day after Christmas by an alleged illegal immigrant, reigniting a national debate over sanctuary city and immigration policies. Meanwhile, the U.S. Citizenship and Immigration Services has been refocusing its efforts on the denaturalization. Correspondent Anita Vogel tells us what’s that all about. Anita?


ANITA VOGEL, FOX NEWS CHANNEL REPORTER: Denaturalization has been around for years but now the number people being stripped of their citizenship is slowly going up and some are uneasy about why it’s happening now. In June of last year, the U.S. Citizenship and Immigration Services, USCIS, announced it was launching a new unit to identify people who gain their citizenship using false identities.

This was actually the continuation of a process started in the Bush-era and continued under President Obama. From 2009-2016, only 16 cases were filed per year. But during the last two years, a total of 65 cases were filed. A 2016 government watchdog found more than 300,000 fingerprint records had not been uploaded into a database used to check identities and that some of those people had entered the country using false identities. About 2500 cases are currently under the microscope.

DONNA CAMPAGNOLO, USCIS: These are individuals that knowingly committed fraud to try and fraudulently obtain immigration benefits. And you know, the message here is that, that won’t be tolerated and that our U.S. citizens and our country deserve more than that.

VOGEL: But critics allege, it’s not so straightforward. One former ICE attorney, who used to pursue denaturalization cases says while the government used to focus on criminals with serious felonies or ties to terrorism, now she says they’re not so selective.

PATRICIA CORRALES, FORMER ICE ATTORNEY: I also think that they’re going after individuals who really are not a threat to this country. And so, why are you doing that?

VOGEL: Why do you think they’re doing that?

CORRALES: I think they’re doing that because they really want to limit the population of immigrants that may not necessarily vote for the Republican Party next time, that’s why I think they’re doing it.

VOGEL: Harsh allegations. The Department of U.S. Citizenship and Immigration Services denies that but there’s no question this whole process is more of a priority under the Trump administration and a renewed effort to make sure people are not here under false pretenses. Shannon.


BREAM: Anita Vogel, thank you very much. Well, my next guest was at the president’s surprise press briefing yesterday, making the case for the border wall between U.S. and Mexico. Let’s bring in the President of the National Border Patrol Council, Brandon Judd. Good to have you with us tonight.


BREAM: OK. So, I want to ask you about one of the big headlines we had tonight. Today, the president is saying that he could consider this a national emergency -- he says it’s about national security and somehow get that wall built with or without congress. Senator Patrick Leahy, Democrat, he responded today saying this: “The real national emergency is the president’s senseless and costly shutdown. There is no national emergency on the southern border.” He says he’s overhyping it.

JUDD: Well, so Senator Leahy back in 2014 was saying that there was a national emergency, that we had a crisis on the border with unaccompanied minors. Well, now, we have that same crisis but now he’s downplaying it. That just doesn’t make sense and that’s politics for you. They say one thing yesterday and another thing today as long as it fits their narrative today, and that’s disappointing for us, because again, it undermines our job and our ability to actually secure the border for the American people which is what the American people want us to do.

BREAM: We know there are portions of the border that do have physical barriers right now. As we have this conversation about whether or not walls will work. I want to read something that the Senate Minority Leader Chuck Schumer had to say. He said, “Walls can be scaled over, walls can be tunneled under. As I’ve been told, there may be many, many tunnels under the wall in San Diego, some of which have not been detected.” So, he says, “Even where there are physical barriers in place, there are no guarantee.” How do you respond?

JUDD: Well, of course, there’s no guarantee but what I can’t -- the way I would respond to that is 21 years in the Border Patrol, I started my career in Central California pre-walls, post-walls illegal immigration in that particular sector, went down exponentially. And then, I went over to Naco, Arizona. We were -- this one small area, we were resting 100,000 people a year. We built walls and the drop down to 20,000 people. So, you can see -- if people are saying that walls don’t work, they’re not looking at the facts, they’re not looking at evidence and they’re not being honest with the American public. If you look at the facts, they clearly bear out that walls work, they have worked; and if we get more walls, we’ll be able to secure the border a lot better.

BREAM: OK. You were there supporting the president. Clearly, you’ve been on his side about this issue. So, I want to play something from a Democrat Congressman Jimmy Gomez who says that there are some who work in the field of Border Patrol and Security, who say the president is actually making things worse.


REP. JIMMY GOMEZ (D), CALIFORNIA: If you ask CBP as well as Border Patrol and ICE, folks, they actually say, off the record, of course, that he’s making it worse and a lot of it is coming from this administration.


BREAM: Now, of course, you’re here on the record.

JUDD: I am.

BREAM: Are there those you work with who share that sentiment?

JUDD: Well, Shannon, first off, let me tell you that -- 90 percent of the Border Patrol agents are voluntary dues paying members of the National Border Patrol Council. That’s by far the highest in the entire federal government. The federal government averages somewhere around 50 percent. So, you can see that our agents appreciate what we’re doing, they support what we’re doing and we’re telling the American public exactly what the agents are telling us.

We’re telling you that his policies are, in fact, working. We need to support those policies if we want border security. If we don’t want border security, certainly, if that’s your talking point and if that’s your base and you want to speak to your base, then attack that. But if you really want to talk about the truth than say he is doing a good job and let’s continue moving forward and let’s get that border secured once and for all.

BREAM: Well, we’ll see if they make any progress this weekend. In the meantime, Brandon, thank you for dropping in.

JUDD: Thank you, Shannon, appreciate it.

BREAM: All right. He was promised he could have it his way but an Oregon man is now suing a fast food giant; he says, flaked on a deal for a lifetime of burgers. His lawyers say, hey, this may sound like a Seinfeld episode but it’s no laughing matter. Our legal eagles are here when “NIGHT COURT” convenes. You’re the jury right after the break.


BREAM: It is time now for “NIGHT COURT.” OK, Curtis Bruner is suing Burger King after he says they revoked an offer of free food for life. Bruner’s attorney, says he struck the deal after being trapped in a restroom at an Oregon location of the fast food restaurant for more than an hour. Bruner says, employees were laughing at him and he actually cut his hand trying to get the door open himself. He says, the incident triggered his post-traumatic stress and he sat at the restaurant trying to regain his composure for about an hour.

He says that’s when the store manager offered him free food for life. But when the regional manager found out the deal ended after just 13 days. Bruner is now suing Burger King to make good on the verbal agreement but does he have a case? Our legal eagles are here to debate tonight and you are the jury at home. So, listen up, Civil Rights Attorney Robert Patillo and from the Judicial Crisis Network Gayle Trotter. Welcome to you both.



BREAM: OK. Let’s start with Exhibit A, this is from Mr. Bruner, he says: “They created an unsafe environment. Someone could have had a medical situation, you could have at a fatality, you could have had a child locked in there, someone elderly. They’re actually lucky that it was me.” Robert?

PATILLO: Well, you cannot litigate on what could’ve happened. You have to go on actually pecuniary injury that occurred to the individual. Let’s just take it in turn. Let’s just say that this -- everything he says is true, that manager never sought approval from Burger King higher-ups, they never went through the proper chain of commands, he did not have the authority to make the offer. Let’s also not forget that Mr. Bruner, went to that Burger King 13 times -- 13 of the next 15 days to eat. And on two occasions, ate there twice a day.

So, even if it was an agreement, I don’t think the agreement was to that extent and the fact that now he has a lawyer, but he never got this in writing, he never got a contract signed from Burger King saying that he agreed to this, this is the equivalent of having a home boy who works at Burger King that you got to hook up with, who gives you free food. Remember in high school, everyone had that one friend who works in fast food who will give you free food? That’s what he had. He didn’t have a legally binding contract.

BREAM: OK. Gayle, so what about that? Because what they’re asking for now is essentially the equivalent of one Whopper Meal a week for the rest of his life. It’s a little over $9,000. I’d be asking for a lot more. This guy obviously likes going there. I mean, at least once a day, but they say, if you don’t give us the $9,000, then we basically want to sue for these injuries that he suffered while he was locked in there -- the physical injury he and emotional, too.

TROTTER: Well, this is the type of case that law professors love, because there’s so much to dig into. And clearly, this man has a beef with Burger King. And I think --

BREAM: Not as much as he’d like.

TROTTER: No. And if you look at the argument, there are so many interesting details in his case. He is suing for free food for life which is what he says that the manager made a promise on and he says, in coming up with the $9,000 of damages, which is really a very small amount of damages.

BREAM: I think so too.

TROTTER: He’s taking the cost of a burger meal once a week, for his life expectancy, which is life expectancy is 77 years, except he discounts it by five years for his frequent cheeseburger consumption. So, as I said, lots of (INAUDIBLE) just love this, yes.

BREAM: All right. Burger King, by the way, is not commenting on this publicly, yet. I’m going to skip Exhibit B and go to Exhibit C here. And this is what he says about the bathroom, the fact that it was already damaged and they should have known, he says: “Prior to December 15th, Burger King’s bathroom door showed signs of damage caused by other people who previously been locked inside establishing that Burger King knew and should’ve known that it’s bathroom door lock was not safe or suitable for use by its customers.” Robert?

PATILLO: But he’s got to show actual injury as a result of such. So, if he can show that -- if he had psychological records from an actual medical doctor saying that his PTSD was triggered by this action. If he is able to show that there was some kind of -- besides the scratch on his hand or cut on his hand, some sort of injury that justifies that amount of money he’s suing for. But he has shown none of this. He accepted a verbal contract from a store manager, not a regional manager, not from Burger King corporate to have just free sandwiches for life and he is not just exploited that but over used it to the point they had to bring in Burger King corporate.

BREAM: Quick final word to you, Gayle.

TROTTER: Well, I think if you look at the case, the man should get his free food because a deal is a deal and it was made by the manager of the restaurant and he had the expectation that the manager could make that settlement with him.

BREAM: Well, we are going to follow this case and thank you both for arguing it tonight. And at home, you’re the jury, don’t forget, tweet us @ShannonBream or @FoxNewsNight to let us know how you would rule. Thank you, guys.

Time now for our “MIDNIGHT HEREOS.” On the first day of Congress, the new one, a returning Republican member, you’ve seen him here, Brian Mast, welcomed two new GOP lawmakers with a special tweet. It’s Congressman Mast, Jim Baird and Dan Crenshaw. The caption says: “Five eyes. Five arms. Four legs. All American.” Three members of congress, all combat veterans. Check it out. Men that have made incredible sacrifices for our country now serving in a different way.

Baird lost an arm in the Vietnam War. Crenshaw lost his eye in Afghanistan -- he was a Navy SEAL. And Mast lost both of his legs and a finger in an explosion in Afghanistan, he was a bomb disposal expert. Now, something the tweet didn’t tell you, is that among the three of them, there are three purple hearts and four bronze stars. They are our “MIDNIGHT HEROES” for service in the military and now service on the Hill, and hopefully, they will be perfect advocates for veterans’ issues -- we need that. Most- watched, most trusted, most grateful you spent the evening with us. Good night from Washington. Have a great weekend. I’m Shannon Bream.


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