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tv   Fox News Night With Shannon Bream  FOX News  October 26, 2019 12:00am-1:00am PDT

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that all the time we have tonight thank you for watching the special edition of the ingraham angle. have a great weekend.. donath. go nat. here. >> welcome to fox news at night, tonight an explosive court filing, michael flynn alleging fbi agents manipulated him. knew about the investigation in the beginning of the 2016 russia coalition probe which is a criminal proceeding. political allies are sounding the alarm bills. we washington examiner says
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presidential hopeful joe biden using his position as us senator, issues that his son is being paid to lobby for. a halloween themed nights court, a registered sex offender putting up signs, they do not trick or treat at this house. we lay out the facts of the case. we start tonight at a fox news alert. and and a hugely busy night. and the national security adviser michael flynn, the government withholding evidence of his innocence. sidney powell, flynn's interview
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that led to charges of his -- powell urging the court to dismiss the charges holding them in contempt. and >> the latest in a series of attempts to get the case thrown out. this filing coming on the heels of fox news reporting yesterday the justice department into the origins of the 2016 russia probe turned into a criminal matter. >> investigate the investigators. terrible things would happen. >> durum is interested in interviewing john brennan.
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and jim clapper, director of national intelligence. the investigation of the investigators turn criminal in the scene. and william barr and his recent trip to rome working with italian intelligence and not releasing findings to the justice department inspector general report. a federal judge ruling the justice department must give the house judiciary access to retracted material and robert mueller's report. tonight house impeachment investigators prepping to pick up with witness interviews tomorrow. ambassador philip rieger taking the hot seat behind closed doors, something jim jordan takes major issue with. scheduling the interview on the weekend, on the part of democrat adam schiff. >> a rare saturday session. >> something we can all look
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forward to. >> the new york times reporting a key white house witness in the impeachment inquiry asking to determine whether to testify. the doj's origin probe is a inquiry, prosecutor john durham has the power to file charges and that isn't all. >> we now have an official criminal investigation. that means durum and william barr can am panel a grand jury and this is why the mccains and brennans and clappers are running around in your panic. >> let's talk this out with legal eagles, great to have you. here is donald trump's pick today. >> looks like it is becoming very serious.
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investigate the investigators, whether it is clapper or comey or all these people because terrible things go on for our country and we have a great attorney general, very honorable man. i can't tell you what is happening. you see a lot of bad things. >> what do you make of the latest developments? >> he has an impeccable record when it comes to investigation, to investigate and bring evidence forward. one thing we learned over the past few years is jump to conclusion and only means he has in the first -- we do not know what individuals are investigating in this manner so one thing we should not do is
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jump to conclusions. >> the take is the expansion of the justice department review raises concerns william barr is injecting politics into this inquiry and using the full weight of law enforcement to pursue right-wing talking points and the special counsel's probe. >> if you hear the left today, trying to distract from the impeachment proceedings but us attorney durum was starting this investigation before talking about impeachment in the ukraine issue. that is a fair criticism. it has gone from the review to criminal. i agree you can't jump to conclusions but this grand jury like rush limbaugh said is important because now into the grand jury under oath in western testimony looking at the ruling
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today, but testimony is so secretive they can offer this investigation. it is an important development. mike: the justice department says it has the authority to subpoena witness testimony and file criminal charges. where is the setting? >> where this is heading, from the ig office, we are going to get to the bottom of what happened. we start jumping into conspiracy theory territory. let's allow the investigation to take place, find the evidence, it will be brought by the rush limbaughs of the world, before they turn into rachel maddow. >> should democrats be alarmed? >> generally no, not
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individually. we learned about information from rome, italy and had the contact. durum and william barr came to italy on two occasions in september. around the time we heard the scope had expanded. the one that fed george papadopoulos the original information. imagine if that came from the united states government? i don't know the speculation but it is the most interesting part of the italy connection. >> a battle about the whistleblower, must testify in the impeachment probe. >> the was a blower is not insignificant.
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and the whistleblower testified the information that the whistleblower would have provided. >> i don't think you can impeach a president on hearsay so it would come out at some point. and republicans are right to push this. mike: thanks very much. under pressure from republican lawmakers where the white house is getting outgunned in the messaging war. the duty of handling donald trump's communications for the topic. the former treasury department spokesman, and attorney general pam bondi to handle communications for the impeachment probe of donald trump.
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defense secretary mark esper said the united states will leave more troops and armored vehicles in eastern syria to prevent isis terrorists gaining access to oil fields controlled by syrian kurds. concern is growing over the prospect of militants escaping from captivity and attacking the west. benjamin hall takes us inside a prison where some of those racist terrorists are being held. >> >> isis fighters captured the objective in their own countries. fox news has an exclusive look. >> they had such a worry for the west and the us. the fear now is they will try to escape. already have the guards had to go north to push back turkish forces. there have been a number of jailbreaks already and at least 100 terrorists are still on the run. the us is committed to sending troops and tanks to syria to prevent a possible isis resurgence and to guide the oil facilities. >> we reinforce the position.
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>> russian troops are moving and 300 arrive today. and these men, as many as 50 different countries. they have evidence to prove it. from london, he lost his leg in an explosion on guard duty. >> a lot of people took one. >> that soraya attended the same university as a british group of terrorists who beheaded western journalists. >> we did things. expecting mercy.
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it is there to go back to our countries. >> european countries take that back. instead they strip them of citizenship. donald trump has urged european and western countries to -- he led the way by bringing back a number of americans. many european countries refused to do the same. mike: thanks very much. new tonight on the continuing fallout from the nbc scandal reporting by ronan ferro in his book catch and kill. rachel maddow says the company releasing former staffers from nondisclosure agreement so they can speak publicly if they desire. with growing consternation about the scandal within in dc. attorneys for katie held
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demanding the daily mail website take down nude photos and claims depict a freshman congresswoman. the house ethics probe into allegations, with a staff member. she admitted being involved with the campaign worker and florida republican congressman matt gates is backing katie hill tweeting this is absurd. the only person who has it right is katie hill, soon-to-be ex-blooge who among us would look perfect in every photo, text. and she is different. the wildfire still burning in california wine country. it may have been caused by a high-voltage transmission line calling into question specific gas and electric strategy cutting off power in windy weather to prevent fires and now pg and he may resort to bigger
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blackouts affecting millions as early as this week. joe biden insists he is the front runner but the hillary clinton buzz is getting louder. what it all means next. take prilosec otc and take control of heartburn. 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. i get it all the time. "have you lost weight?" of course i have- ever since i started renting from national. because national lets me lose the wait at the counter... ...and choose any car in the aisle. and i don't wait when i return, thanks to drop & go. at national, i can lose the wait...and keep it off.
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>> will she or won't she? former first lady, former senator, forme mike: will she or won't she? former first lady, former senator, former secretary of state and former democratic presidential nominee hillary clinton doing nothing to attempt on speculation she might jump in to the 2020 democratic primary field. trace gallagher here to handicap the likelihood of another clinton campaign. >> the question whether hillary clinton is considering a third
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run of the presidency is raging across social media, traditional media and both political parties but the answer is proving to be more fickle. when it comes to democratic colleagues in the senate the answer to if she is running is a resounding no. dick durbin put it this way, she has done a great service to our country and public service and i support her wholeheartedly, but it is time for another nominee. hillary clinton's longtime advisor isn't totally buying the senator's argument. telling tucker carlson she may have a reason to run. >> she ran for president -- if she still thought that she had the best odds of beating donald trump she would think of it long and hard. >> reporter: winning a crowded primary would be a tough climb but as far as fundamentals, fundraising and building
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campaigns it appears clinton could ring the bell on all three and there is also plenty of democratic disappointment when it comes to the current 2020 candidates including influential party insiders who see the field is too progressive to beat trump. donald trump tweeted hillary clinton should take on elizabeth warren jokingly replied don't tempt me. today during the memorial service for elijah cummings clinton used the late congressman's life to take aim at the president. >> he weathered storms and earthquakes but never lost his faith. like that old testament prophet he stood against corrupt leadership like king and queen jezebel. >> running and talking are two different things. mike: thanks very much. former vice president joe biden
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and his son hunter facing new questions, the washington examiner reporting senator biden twice contacted federal agencies to discuss the work of his son's lobbying firm. let's discuss that with fox news contributor murdoch. great to have you both. the washington examiner goes on to say records show biden was always insistent he knows nothing about his son's business activities to help interests work with strategic and specific interventions that could have benefited his son to the tune of tens of thousands of dollars. your reaction? >> we need to put this in context. before i get started on biden i have never been one to rush to judgment on donald trump and impeachment. i always said we need to see the fact and in this case is the same. i never am supportive of someone
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utilizing their political influence for personal gain or gain of their family members or using it inappropriately. we need to put this into context in 2007 when joe biden was senator biden in the state of delaware and this matter pertains to mbna which is banking firm headquartered in delaware. which came first, the chicken or the egg with him intervening for a major employer in the state or was he doing it because his son represented mbna. it is unclear and we need together the bottom of it. rob: you what you make of it? >> i increased she ate the sense of caution. there is a rush to judgment in a lot of cases. it seems unusual. we heard from joe biden he and his son never talked about his business dealings and maybe connections. let's be cautious and look at it. on the surface it looks like it deserves additional scrutiny and maybe in a table of these two working together.
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mike: hillary 2020. listens one of clinton's former advisers. >> somewhere between highly unlikely and 0 but it is not 0. she has been looking and watching which is understandable given the race she went through in 2016. mike: what do you make of that? >> i think the reporter said there is a difference between taunting and running. more likely than not secretary clinton is more hunting than running. she is trying to make herself somewhat relevant in the 2020 race but i agree with the democratic colleagues in the united states senate that now is not the time for secretary clinton to run again even if this crop of candidates is not great, we have seen what secretary clinton can do in important states like wisconsin, ohio, pennsylvania and michigan. he didn't learn from her
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mistakes in 2008, in 2016 i doubt she will run. mike: the democratic establishment is anxious, asking is there anybody else? what do you make of that? >> i think the idea hillary clinton of making herself relevant, she has grandkids, she got to take care of them, she had her chance, she has been in american national life for 30 years. she lost the white house to donald trump. she has not developed a sense of responsibility and spent the last 3 years pointing fingers at everybody from the kremlin east and west as to her loss and other people running for president, we stand down and go back to our home offices and have another swipe at the white house. she should think about the 594 violations related to emailgate. her time has passed.
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mike: we will be there. >> i will say grandmas across the country are politically engaged no matter what. mike: have a great weekend. democratic senator kamala harris has a message for historically black college just visited by donald trump. that is next. i am royalty of racing, i am alfa romeo. some farms grow food. this one grows fuel. ♪ exxonmobil is growing algae for biofuels. that could one day power planes,
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>> mike: donald trump says the t house democrats impeachment inquiry is giving him a better understanding of what it feels like to be unfairly treated in america's can all justice system, the president making the comparison at a historically black university in south carolina and democratic presidential hopeful kamala harris is skipping tomorrow's, justice reform for him because the organizers gave donald trump an award today.
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the kentucky man accused of raping in a-year-old girl and smashing her skull with a shovel could be close to freedom again tonight because of the legal loophole. mike tobin sorting this out in the midwest newsroom. >> reporter: the louisville community is breathing a sigh of relief because kane madden is not getting out now. his mental fitness will be evaluated. madden had a long and allegedly violent arrest record, his cases don't go to trial. he keeps being declared incompetent to stand trial. he stands now accused of cracking a skull of in a-year-old girl and then raping her and sexually assaulting and biting part of her eyebrow off. >> every day. >> reportedly told the psychiatrist he wanted to kill
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and rape women, less than 24 hours later the dog was brutalized, the defense argued madden is still incompetent. undercurrent kentucky law a person is not committed to the hospital involuntarily unless they meet a number of tests including whether they get better hospital treatment. if the answer is no he or she goes free. mike: thanks very much. polls found the supreme court rarely registers is an important issue for voters until 2015 when an open seat hung in the balance. sheet legal correspondent shannon bream looks at political stakes for the 3 branches of government over a legal procedure that suddenly has captured nationwide attention and forced justices to weigh in. >> this was an obama judge. >> reporter: donald trump after federal judge blocked his efforts to restrict asylum on
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the southern border. >> it is a disgrace what happens with the ninth circuit. we win the case in the supreme court. >> sentences cabeza ninth circuit has been a foreign the president's efforts on immigration, the environment and abortion. particularly when it comes to nationwide injunctions for a single federal judge, 700 across america, unilaterally blocked executive action not only in the geographic area he or she oversees but also for the entire country. >> there are those in the white house and justice department, we can absorb these losses in lower courts because we are going to win in the end game. >> reporter: the it ministration think it has a winning hand, two justices chosen i donald trump now create a reliably conservative supreme court majority. clarence thomas seems eager to tackle the issue. he called nationwide injunctions
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legally and historically dubious and all but invited a legal challenge to come to the high court. when justices will decide whether the president has the authority to end the program for dreamers, the obama era directive for people brought to the us illegally as children with renewable work permit and a path to citizenship. three injunctions by federal judges income for you, new york and washington dc have blocked the president's efforts to end the dac a program and john roberts is decisive. after the president's criticism over obama judges roberts issued a rare public statement defending the integrity of his judicial colleagues. we do not have obama judges or trump judges, bush judges are clinton judges. what we have is an extraordinary group of dedicated judges doing
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their level best to give equal right to those appear before the but action by the president's critics suggest they may believe differently. often filing the request for injunctions against trump administration policies in places they believe judges are most friendly to their positions. the trump justice department asked for more than 20 emergency stays of lower court judgment. more than the bush and obama administrations combined. some know the nationwide injunction phenomena and began to escalate in the obama years. when conservatives work to block a range of policies. >> it creates troubling issues when one judge has a lot of sway. they get appeal and go through the system. >> the white house launched a public campaign to highlight what many see as a legal issue with nationwide injunctions indirectly energize social conservative voters who care about the larger issue with religious liberty and abortion. >> democrats propose activist judges.
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look at these rulings but we are doing well. >> the future of the 7-year-old boy in texas is becoming a flash point in the culture war between conservatives and liberals. 11-1 decision to give custody of the 7-year-old child she believes is a transgender girl is overridden by a dallas judge. there will be a say in the bringing of his child who he maintained as a boy. there is -- to undergo hormone therapy or surgery. she sent a letter to family protective services calling for an investigation. night court convenes, sex offenders suing the georgia sheriff, reporting signs on the front lines that they do not trick or treat here, stay tuned. it's gone again. oh, it's back with shrimp now!
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>> to time now for tonight's -- he plans to put signs out warning trick-or-treate >> georgia sheriff gary long trying to protect children so he plans to put signs are warning trick-or-treaters you are at the home of a registered sex offender. three filed federal lawsuit claiming they violate their constitutional rights and cause them anxiety and humiliation. let's debate with legal eagles, alex sawyer, defense attorney david bruno. good to have you both. exhibit a, sheriff gary long. >> illuminate any possibility any of these children become prey to a sexual predator. mike: is he wrong? >> unfortunately he is. i agree with his policy of protecting children but it has to be done right. i represent people charged with sex crimes and i find this would be a violation of due process
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because when defendants interpleads and agree to the registration they agreed to registration and certain other things. the statute is specific, you can't live next to daycare. you can't have some jobs. it goes into prohibiting certain conduct. it never talks about these signs so they are not on notice at the time they enter a deal they are convicted. that would be a violation of the due process clause. mike: your turn. >> other states have no candy laws that talk about signs and whether supreme court ruled is they can't apply retroactively. if somebody -- the law was passed in 2008 it didn't apply to them but it could move forward. this case is interesting because
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georgia doesn't have such a law. the intention might be good and hard to point to anything on the books in his state that support what he is doing. mike: here is the lead attorney for the complaints. >> the law allows the sheriff to put a list of registered sex offenders in his office, at the courthouse, on the internet. it does not allow him to go door to door and tell people you have a sex offender living next door. mike: your thoughts. >> something the courts look at is the governmental interest and everyone can recognize a strong interest in protecting children especially on a night they are extremely vulnerable, supervised by their parents and approaching strangers at home so you can see where the intent is. mike: you agree with that attorney? >> i agree with the rationale. at the same time we need to follow the law. if you allow this, where does it
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end? can he pull up a spotlight on everybody at house? can there be a blowup? who knows where it ends? i understand where he's coming from but at the same time i can see this being struck down. mike: exhibit c, sheriff's office responding to the lawsuit, plaintiffs relevant first amendment rights in this context are diminish by pervasive government regulation applicable to sexual offenders and any burden on any plaintiff's alleged first amendment rights was outweighed by compelling government is stressed in protecting vulnerable members of the public from sexual offenders. is that off-base? >> it will be a tough one for the sheriff's office because forcing somebody to have a sign outside their house could be a content-based issue. they have a high burden to reach to uphold this.
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i do think you will see public outrage that they would like to know their house is safe for children to approach. something the jury might rule differently than the court of public opinion. mike: i assume you believe the argument goes too far? >> i do. interesting take away that i have is the plaintiff's attorney is arguing the sheriff is guilty of trespass. he came on to the property. a better argument in due process is the fact is when defendants enter deals and have expectations they never think a sign will be on their yard. mike: it is your argument that parents should be more proactive if they want to know if there's a sexual offender in the area, they should do a little due diligence on their part? >> exactly. these individuals are registered at the county and there's a database to check.
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why not use the resources for better? check the database prior to going trick or treating. that would fall under the law and the sheriff has good intentions here but it will be struck down. i don't think he is doing it. mike: where does this go from here? >> interesting to watch it play out. there is a short window between now and halloween. i saw another county in the state, that sheriff has been around and at the town civil chamber. that was more extreme. mike: that is a problem too. final thoughts? >> these offenders need to act quickly because if they don't have a resolution now we are one
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week away. we need to get an injunction, get to the courthouse and needed decision quickly. >> these signs, this was an issue in 2018, something this county has been dealing with for a while and it is coming down to the wire. mike: thanks very much. it is time for the real news roundup. home goods store bed bath and beyond stopping sales of a black jack-o '-lantern after they said the halloween decoration invoked blackface. the controversy starting after a local law office adorned it with the black pumpkins and according to news 12 westchester it removes the pumpkins within 48 hours after receiving complaints. and athletic conference is naming a transgender female as female athlete of the week.
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big sky conference says biologically male finished second of 200 for runners and helped the university of montana finish seventh. and progressive congresswoman a lot of omar giving us a glimpse into the so-called squad by proposing what sounds like another positive plan. >> we are going to introduce legislation. [applause] >> which will hopefully guarantee a home for everyone by investing federal dollars. mike: the squad member under fire for misquoting a new york times article tweeting that a child died as a result of donald trump's medicaid cuts. the 9-month-old child did not die and loss of coverage was due to a parent who failed to submit paperwork in time. congresswoman omar tweeted the correction, almost died, after
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being called out for spreading fake news. nasa reporting this week that the hole in the ozone layer has shrunk to its smallest size since it was discovered in 1980s, nasa still trying to decide what is causing a rare shrinkage event. more news next. t yourself a new. i wish i could save faster. you're making good choices. you'll get there. ♪ were you going to tell me about this? i know i can't afford to go. i still have this car so you can afford to go. i am so proud of you. thanks. principal. we can help you plan for that. start today at principal.com.
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>> tonig mike: media analyst howard kurtz looks at the dramatic escalation of vitriol in the impeachment inquiry. >> there's one clear sign impeachment coverage is intensifying, tougher language. as acting ambassador to the ukraine and other diplomats testify behind closed doors the president lashed out at never trump republicans denouncing them as human scum and the white house had no regrets. >> people are against him and been against him and working against them since the day they took office are just that. >> reporter: the media portrayed the testimony as proof of a quid pro quo from ukraine, the president tweeted a racially charged term. all republicans must member with their witnessing here, alleging. >> lynching is a particular kind of horror. whether it is democrats or republicans to reference lynching is to play fast and
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loose. >> the same party saying trump is hitler, stalin, poll part rolled into one. >> reporter: news outlets found joe biden using the same word during the clinton impeachment. >> this is a partisan lynching. >> reporter: the new york times questions whether they were part of the deep state, politico asked if john bolton is a hero of the resistance because the national security adviser challenged the ukraine deal. house republicans frustrated by the secret impeachment process and selective leaks to the press seized the media spotlight by barging into a secure hearing room. some criticize that is a stunt. in today's coverage, the new york times reports the justice department is pursuing a criminal investigation into the origins of the russia probe. some unnamed officials such as anonymous, the op-ed trashing trump innocent be published book.
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some were caught up in the pro because they worked in ukraine in public opinion could turn on how the media judges their motivations. howard kurtz, fox news. mike: we leave you with doug mcelway with sites and sounds from maryland congressman elijah cummings's funeral. >> reporter: congressman elijah cummings came back for the last time today in a place where he worshiped for 40 years. >> not only was he here, but he was a 7:15 a.m. member. >> reporter: today the church was filled to 4000 seat capacity, traffic backed up half a mile. john alexander was a coming staffer who reminisced about the day his boss showed up late for work. >> later in the day one of my colleagues came to me and said i saw your boss changing a tire on route 95. >> reporter: elijah cummings was the son of sharecroppers, told
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as a schoolboy he lacked the skills to become the lawyer he aspired to be. it drove him to pursuit of public service and private inspiring of others. >> ever since i was a little girl my dad told me i was beautiful. >> reporter: two former president recognizes character. as a congressman president obama noted cummings was conferred the title of honorable. >> elijah cummings was honorable before he was elected to office. there is a difference. >> reporter: his parents named him after the old testament's elijah, profit who said all men are created equal under god's law. >> our elijah before us what he himself, still small voice. that keeps us going.
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>> reporter: comics told -- cummings's widow said in his last days the staff at johns hopkins hospital wheels him up to the roof and as he overlooked this he loves he said have i come a long way. in baltimore, maryland, doug mcelway, fox news. - do you have a box of video tapes, film reels, or photos, that are degrading? legacybox professionally converts them to dvds, thumb drive, or the cloud. legacybox is simple and safe, with over half a million satisfied customers. visit legacybox.com today, and get 40% off. takin' it off road station ted! goiwagon, eh?ip, huh? you know it's an suv! your family is duckin' and rollin'... while we stowin' and goin' but that's cool, i know for a fact your suv does not suck. and why is that? it aint got that vacuum in the back, whoo! sucking stuff up! what else are we gonna find? we got to go.
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and groupthink. tucker is back monday. ♪ >> welcome to this special edition of hannity. i'm jason chaffetz and tonight for sean. at this hour, we are inching closer and closer toward a reckoning. fox news is reporting that the durham probe into the origins of the russia witch hunt is a criminal investigation. that means u.s. attorney general john durham has the power to subpoena and filed criminal charges. keep in mind according to reports from the the "washington examiner," four notorious deep state figures are wrapped up in the

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