[bleep] leaving americans behind [bleep] shannon Anding'>The Panel StAnding by with reaction. Look at new York Citys crime Prevention Program that plans to pay at Risk Youth for things like getting their diploma or drivers license. A troubled Liberal Progressive City is sitting Travel Ban on texas. We will preview what will happen with the votes had to take place in a few hours. We begin with the president trying to push past afghanistan to his domestic policy agenda, ignoring questions from the press. Today ignoring insults from angry folks in New Jersey. White House Correspondent Kevin corke has the latest. Great to be back with you. Its obvious that the White House desperately wants to change the subject to something else, anything else. With an unknown number of americans still strAnded in afghanistan despite bidens promise to keep the troops there until all americans were evacuated, there is been And likely wont be any respite for americans angry And demAnding answers. Leave americans behind. We will leave you behind. Its sad that america has come to this its sad, despicable. Buying appeared to ignore the hecklers, even as he continued to survey the damage from Hurricane Ida in New Jersey today. Remarkably its actually been a week since the most recent comments about the withdrawal from afghanistan. He ignored shouted questions by the press. The White House continues to claim its working aroundtheclock to provide safe passage out for any americans hoping to escape, biden actually decamped in delaware over the weekend while the Vice President is preparing to stump for embattled California Governor Gavin newsom. Meanwhile in the politically cringeworthy moment of the day, new York SenatorAndMajority Leader Chuck schumer in an interview while attending the new York State fare claimed that all americans who wanted to leave afghanistan have in fact left the country. Still focused on trying to get some of those brave afghans out. Preston to clean up mode after the gaffe, the office issued the statement. He misspoke And regrets the confusion his comments have caused. Jen psaki AndAntony Blinken insist there is no evidence of a Hostage Situation in afghanistan involving americans despite numerous reports of americans And afghans being unable to leave the country And in some cases being unable to even lAnd here in the u. S. , shannon. Shannon what are you hearing about the accusations from a private Rescue Mission Group . We are hearing from these private actors, try to help folks. They say that the State Department is trying to take credit for safely vacuuming And american mom And her three kids out of afghanistan. At its core, its about giving credit where credit is due to be blunt. Senior State Department official announcing that the u. S. Facilitated the safe departure of four citizens by And-route'>OverlAnd Route from afghanistan. Those involved say the State Department deserves little or no credit for the escape. The organizer of a private mission to rescue an american mom, miriam, And her three children, says the State Department is trying to insert itself into the story of her evacuation. Having covered stories like this in the past, i understAnd the administration saying we were there on the ground. We received them. They made it through. At the same time in this highly contentious And the kind of emotional time where many americans feel like they were either left behind or they were in fact left behind by this administration. They dont want to give it any credit especially when they work so hard with private companies to make their way to safety. Shannon we keep hearing both sides of the story. State department saying theyre trying to get people out And private actors who say at a certain point the State Department is putting up a wall. The truth may be somewhere in the middle. All We Care about is they get out. Kevin, come back in a minute And we will talk about men versus women in higher ed. Looking forward to it. See you in a bit. Shannon is President BidenAnd his team worked to try to shift to national focus back to domestic issues, there are growing questions about the chaotic nature of afghanistan withdrawal And the allies who say theyve been left behind. Fox News Contributor Leslie marshall, Rnc Committee Woman for california, harmeet dhillon. Welcome back. There are a lot of folks not impressed with how the president is currently performing. The washington post, abc News Polling did include what happened in afghanistan says he shifted in september to approval at 44 , disapproval at 51 . Harmeet will shift to the domestic improve the numbers . I dont think so. As bad as the afghan crisis of Joe Bidens making has been, things are not looking that great here in america when he shifts his focus here. We have record unemployment. We have the policies of this administration making it harder for employers like me And others to fill those jobs. We have record inflation, the highest of the last decade. The cost of production is rising. Weve had 235,000 people employed which is half A Million short of what was expected. We have Ands'>Hundreds Of ThousAnds of people being apprehended of the border. Over A Million since the administration started. We are in a Crisis Mode wherever you turn. I dont think that focusing on those is going to make americans who are either desperate to fill jobs, trying to find a job, pay for gas, that its going to make them feel any better with this bad situation. Shannon 3. 5 trillion spending deal. The Wall Street Journal notes it will not be easy for him to get done. To move forward with the agenda, the president will need to navigate tripwires in a narrowly divided congress. Senator Joe ManchinAnd an influential moderate vote has injected fresh uncertainty into the future of the democrats 3. 5 trillion Spending Plan which calls for a timeout on the effort. More reporting that hes not willing to go anywhere near that number. If you remember with infrastructure, you couldve replaced infrastructure in this Legislation Word for word. Joe Manchin Wasnt going to be for it. Democrats werent going to be united. Progressives were going to go for any kind of money being cut. Republicans werent going to work with democrats. That all did happen. Im confident that it will this time. Whatever you number you start with. Thats why they have a negotiation they start higher. You aim for the moon to get a few stars or vice versa. Thats what i think will happen here. Thats one thing in one of the strengths of the president that hes able to unite both parties to work together. Shannon hasnt had any major piece of legislation that they passed so far has been without any republican vote. He has talked about bipartisanship And we were promised that. It hasnt happened. Infrastructure had republican votes. Absolutely. In this divided claimant, one is certainly one more than you have. He had over a dozen republicans on board with this. Certainly Joe Manchin, look. Some people may feel that that D Isnt as big but hes a democrat. He does want whats best for the party, best for the people. By the way, the people in his constituency in his state of West Virginia actually are thumbs up on this. Shannon they do like him. In a lot of ways its because he pushes back. You have the left of the party saying we need to go further. Senator Amy Klobuchar who wants Justice Stephen Breyer to retire. Democrats dont like these latest decisions. Specifically the Texas Abortion Law which was a procedural decision. She says my solution to Voting Rights in so many other things including time to change or want other countries in flames And the others out of the country is flooded with people submerged in there i believe we should abolish the filibuster. She says thats how they going to solve all these issues on measures that President Biden can currently get through. Harmeet. Thats Magical Thinking on the part of senator klobuchar. I dont know what shes thinking that any type of legislation is going to change the climate or accomplish anything in our lifetimes. What this is is another attempt to shift the focus into something that democrats think is really going to help them at the polls but in fact again most americans are struggling with things like filling up their gas tank, inflation is real. It doesnt matter to the rich people in congress but it matters to the average man And woman. I think Joe Manchin isnt doing anything out of principle here. Hes doing what he does needs expressing his doubt because he knows exactly how the people at home are going to vote. If he goes too far with his radical agenda. Its out of step with much of america. I think democrats leading their party down a dangerous path of the polls are looking pretty good for republicans in the midterms. If i was advising democrats ive advised them to pump the brakes on this radical agenda And focusing on fixing whats wrong with america right now in the wake of covid as we try to recover, not making things worse. Shannon we do still have this issue in afghanistan of people who have been left behind. The White House admits there are people still there. Senator blumenthal, a democrat, says i expect the White HouseAndState Department to do everything their power to make this happen. Get people out. These are american citizens And afghans who risked everything for our country. We cannot leave them behind. There are a number of democrats raising this issue loudly And regularly with this White House. I would agree with them And im amongst them. I may not be a senator but im a voice within the democratic party And has a democrat i said before that we shouldnt have left until we got every american that wants to come home home. Ive spoken to Family Members that are americans that want to stay in afghanistan until their Family Members who are not americans are able to come home And they may not have assisted us as others had in afghanistan but now that we have left, absolutely that needs to be a priority. This And every administration should be able to walk And chew gum at the same times. We have a lot on our plates. Covid in getting the icus down. Hurricane, getting energy back, electricity back to places in louisiana And the northeast have been hit hard. Shannon senator leslie marshall, will it happen . Harmeet. Youll have to faceoff. Thank you both. Days before the 20th Anniversary of the 9 11 terror attacks And more than 500 day since pretrial hearings were delayed due to the pAndemic the accused architect of those attacks, Khalid Sheikh mohammed, And some of his top lieutenants finally back in a Gitmo Court Room in cuba. Several Family Members of 9 11 victims view the sessions. The brother of one victim has been following the proceedings says these hearings are a farce. I dont expect too much out of it this week. Those hearings down there have been a Comedy Of Errors for years. We have a schedule not conducive to justice. We have got a Defense Team that has no interest in justice. Shannon no date set for trial 20 years out for the 5x GitmoDetainees Exchange for bowe bergdahl. They have top positions in the taliban government in afghanistan. First up, at least 60 people shot in chicago over the weekend including a 4yearold. Bullets fired through a window, hit him in the head And he died. At least nine other children And teenagers are among the shooting victims this weekend in chicago. New York Police releasing footage of gunmen chasing down a management happen. Reporting the man was leaving an illegal Gambling Den with a hAndful of cash, suffering Gunshot Wounds to his And-thigh'>Shoulder And Thigh but managed to get away. Two 13yearold boys charged with a slew of armed carjackings here in the capital. A single Shooting Incident in d. C. Left three dead And three wounded. The Police Chief saying this. We know this issue is not unique to washington, d. C. , but it speaks to the overall sickness we are seeing in our communities. The sicknesses Gun Violence. Shannon Washington State lawmakers Patient Pushback over new Police Reform Law that Ands-foam-trip'>BAnds Foam Trip arounds. The new rules tie their hAnds putting police And the public into more danger. Dan springer is checking out the story. Taser, taser, taser. ThousAnds of police officers, teachers And the only leslie the weapon available to them. In the wake of the George Floyd killing the legislature passed 14 Police Reform Laws. One bans the use of military equipment. Shotguns. The State Patrol pulled more than 1,000 less lethal tools out of service. Many sheriffs followed even though it raises the risk of lethal force. If we dont have that tool at some Point A Human has to step in And do that which makes it much, much more dangerous. For both the s. W. A. T. Officers that would be involved And the person who may be we may be trying to take into custody. Lawmakers say theyll fix the mistake And next years we went line by line over this tactics bill. Nobody caught it. The police didnt bring it up. Another new Laws Marc Lotter rule everywhere else the bar is the reasonable suspicion. Its also easier to decertify officers. I dont want to see our citizens killed over a bad situation that couldve been avoided if we just stAnd back And take a few minutes. Slowing the process down is what we are teaching. Deputies chasing a Murder Suspect didnt just slow down, they decided not to use the K9 Unit out of fear of breaking the new law, allowing the killer to get away. They hAndcuffed us. Instead of defunding us, they hAndcuffed us And stopped us from being able to do our jobs And keep people safe on the streets. 67 Police Reform Laws were passed in 25 states over the last year. 13 of the states restricted the use of Force But None went as far as washington which like many Places Record Number of cops quitting And a big increase in violent crime. Shannon. Shannon dan springer, thank you. Paying at risk young people for accomplishments, thats the plan in new York CityAnd its Drawing Criticism from a national Law Enforcement group. Garrett tenney has details. Good evening, great to be with you. Mayor Bill De Blasio has described this program is the centerpiece of an effort to stem the epidemic of violent crime in new York City. The way the program is expected to work is at Risk Teens in the citys most violent neighborhoods will be paired up with mentors who are former convicts themselves. The teens will make Career Goals like graduating High School or getting a drivers license. When they reach those goals, theyll get paid a stipend. For each month they stay in the program And out of trouble, they get paid again. City Leaders Havent said just how much those payments will be but the Pilot Program reportedly has a one milliondollar budget. And hAndful of other cities that have use the advanced Peace Program is its called, participants got roughly 1,000 a month. Not everyone is convinced this strategy of paying people to do basic things that are in their own selfinterest will be a Silver Bullet to the big apples violent crime. Last year it was one of the deadliest of the past decade And so far this year both homicides And shootings are on track to repeat those totals. National Police Association causes new new Plan Absolute FollyAnd tells Fox News to program financially rewards And negative is likely to fail And is incredibly unlikely to prevent violent crime. Encouraging And supporting Mentoring Programs for at Risk Youth but cash rewards would be better spent on educational subsidiaries And other positive programs based on merit. Mayor De Blasios office is pushing back on that And argues that results from similar programs in other cities have shown a decrease in Gun Violence. A spokesman for De Blasio previously told Fox News thankfully we listen to data And science to save lives, not conservative columnists in their Ivory Towers who truly dont care about stopping Gun Violence. The data isnt entirely clear how effective the advanced Peace Program is. A report by the american public Health Association found that in richmond, california, where it got its start, the program may have reduced Gun Violence between 2010 And 2017 but noted it also may lead to an increase in nonGun Violence. Other Data Points from the advanced Peace Organization such as number of shootings prevented are hard to verify as well. New Yorks Mayor is convinced it will be a Game ChangerAnd will have a chance to see that this fall when the first teens are enrolled in the program. Shannon we will track it. Thank you. Breaking tonight a powerful earthquake in southwestern mexico. We are getting word of this, striking near the Resort City of acapulco. Causing buildings to rock And sway in mexico city. The u. S. Geological survey the quake had a preliminary magnitude of at least 7. 0. The good news is no reports of serious Damage Or Injury so far. We are going to keep you posted as we learn more. Smothered And covered. The wild Waffle House Brawl caught on camera. Would you sleep on a mattress And'>A ThousAnd feet in the air . The best viral videos next. Get some whipped cream on the top too two straws, one check, girl, i got you bougie like natty in the Styrofoam Squeaksqueakin in the Truck BedAll The Way Home some alabamajamma, she my dixielAnd delight ayy, thats how we do, how we do, fancy like, oh okay people. Oh yeah. Let us begin. People less with the puns. More about the moms. They want healthy, affordable options. Moms want to save that dough. Hold onto that green. Enough with the And'>Puns LAnd ofrost premium. Fresh look. Same great taste. Life is full lAnd of surprisesum. When you least expect it. woman laughs And open. What happened to all your things . I know you needed a place to study, so. And other times, it pays off knowing what to expect. At university of phoenix, you can count on fixed, affordable tuition from the moment you enroll to the day you graduate from your program. Learn more about our Tuition Guarantee at phoenix. Edu i always had a connection to my grAndfather. I always wanted to learn more about him. I discovered some very interesting documents on ancestry. This is the uh Registration Card for the draft for World War two. And this is his signature which blew me away. Being able to. Make my grAndfather real. Not just a memory. Is priceless. His legacy. Lives on. Shannon its going down. A wild fight at a Waffle HouseOutside Atlanta causing quite an uproar. Cell Phone Footage capturing the moment. There was a lot that led up to this. I think he likes his Hash Browns smothered And covered. Check out this kangaroo in australia. Practicing his boxing skills. Not sure if this little guys playing our fee thinks hes taking on a serious threat. Kayak income you think about it as a peaceful pastime. But when you catch the week it becomes quite the rush. Hes saying hes never tried anything like this but something tells us it wont be the last time. A shoplifter tries to steal pants. Gets abAndoned by the getaway driver. She starts running And drops the clothes. She was apprehended shortly after that. Would you sleep on a bed like this . Check out the thrill seekers. This park is famous for its daring activities. Im going to pass on that. If youve got the video, hit us Up Shannonbream or foxnewsnight. The city of portlAnd, oregon, is back in the news with the altar of progressive lawmakers that to vote on a proposal that would ban doing business with the state of texas. In response to the lone star states controversial new abortion law. Chief breaking News Correspondent Trace gallagher is taking a closer look at the story. Good evening. If the And-city'>PortlAnd City council votes to adopt the proposal it would ban the city from doing things like Trading Goods or services with texas or allowing And-city'>PortlAnd City employees to travel there on business. The measure would pose zero threat to Texas EconomyAnd is essentially a symbolic And'>Move But PortlAnd married Ted Wheelers believes the symbolisms appointment. The law does not demonstrate concern for the health, And-wellbeing'>Safety And Wellbeing of those who may become pregnant. This law does not recognize or show respect for the Human Rights of those who may become pregnant. What the Texas Law does a specificallys bans abortions after six weeks. About the time a heartbeat is detected. It allows private citizens organizations to file civil lawsuits against those who help facilitate an abortion. Those who file a suit could win up to a 10,000 settlement. As for portlAnd going after the lone star state, texas lieutenant Governor Dan Patrick calls it a joke, tweeting its comical that portlAnd married Ted Wheeler is texas when his city defunded the police And had to ask citizens to take back the city. Texas is prolife And supports Law Enforcement. PortlAnd is a Dumpster Fire in texas is thriving. Its notable that while portlAnd is pointing fingers, the Citys Homicide Rate was up 530 over last year. PortlAnd does have company targeting texas. President Joe BidenAnd attorney general And'>Merrick GarlAnd are looking for ways to challenge the Texas Abortion Law. In the meantime, an identical Abortion Bill could soon be considered in florida. Top lawmakers in the Florida Legislature say they would stAnd behind a socalled heartbeat bill. Florida governor Ron Desantis has not yet thrown his support behind the idsa he needs more time to see what happens in tex. Shannon we are all watching. Time to bring in kevin corke. More men. Its an interesting story. I noticed this trend. Men are dropping out of college at a record rate. Heres some data. This is from the national Student Clearinghouse that shows College Students in the u. S. Right now are about 6040 female to male but heres the key stat. Colleges And universities in our country over the past five years actually have 1. 5 million fewer students. Thats a huge drop. Get this, men accounted for some 71 of the decline. I would like to say the reasons are costs, And-career'>Covid And Career counseling. Part of the issues as ive understood it, ive done some work in higher education. Its about creating the idea that there is something of value And going to school And graduating. You can get a job come you can have a career. A lot of guys dont really believe or they believe theyre going to work a deadend job. To me, good job as a good job. As a matter what you do for a living. A lot of young people interested in starting their own businesses so they dont feel like going to college is the right choice for them. I think cost is the big issue for me And a lot of people. Its crazy expensive. Shannon it is. You get saddled with college debt, student loan debt, its really difficult. People do see there are other ways to go about starting your way in life. Military, entrepreneurship. Its all valuable. Kevin, come back for some good news. Ive got a great one. Cant wait. Shannon see you then. Rolling Stone Article making stunning claims about Emergency Rooms. Its not exactly true. Dr. Marty makary takes a look And the data we do actually have. Hes next. Multiflex, huh . Wow. It becomes a step. Mom, dads flexing again. Thats not all. You can extend the bed for longer stuff. Is he still. Still flexing. Thats right And, it becomes a workspace. You can put your laptop here. Im sending an imaginay email. Hey dad, dinner hey look who stopped by daddys office. Wait, you work here . The Chevy Silverado with the available multiflex tailgate. Find new flexibility. Find new roads. Chevrolet. Hey, dad find new flexibility. Findhey, son s. No dad, its a video call. You got to move the phone in front of you like. Like its a mirror, dad. You know . Alright, okay. Hows that . Is that how you hold a mirror . [ding] Power E Trade gives you an awardwinning Mobile App with powerful, easytouse tools And interactive charts to give you an edge, 24 7 support when you need it the most And 0 commissions for online u. S. Listed stocks. Dont get mad. Get E TradeAnd start trading today. Life is full of surprises when you least expect it. woman laughs And open. What happened to all your things . I know you needed a place to study, so. And other times, it pays off knowing what to expect. At university of phoenix, you can count on fixed, affordable tuition from the moment you enroll to the day you graduate from your program. Learn more about our Tuition Guarantee at phoenix. Edu hearing is important to living life to the fullest. Thats why inside every miracleear store, youll find a better life. It all starts with the most innovative technology. Like the new miracleearmini, available exclusively at miracleear. So small that no one will see it, but youll notice the difference. And now, miracleear is offering a thirtyday riskfree trial. You can experience better hearing with no obligation. Call 1800miracle right now And experience a better life. Shannon A Story Out Of Oklahoma claiming scores of locals were overdosing on a drug called ivermectin And filling up hospitals turns out not so much. Not before the story had gone viral. Oklahoma news 4 story quoted a doctor who was quoted saying the ers are so backed up that gunshot victims were having hard times getting to facilities where they can get definitive care And be treated. National outlets picked up the story basing their headlines on the quote. That prompted the Doctors Employer to issue a statement saying the doctor has not worked at our location in over two months. All patients who have visited our Emergency Room have received medical attention is appropriate. Our hospital has not had to turn away any patients seeking emergency care. Rolling stone issued an update to the story. Not a retraction. Adding Rolling Stone has been unable to independently verify any such cases as of the time of this update. Many pundits had shared versions of the story, often retweeting of times. Joe concha weighing in on Rolling Stones newsgathering practices. May be picked up a phone And call the hospital to see if your Doctor Source still works at the hospital after he hadnt worked there for months. Shannon lets get some expert analysis. Fox news medical contributor AndJohns Hopkins University public health professor, dr. Marty makary. Good evening shannon. Shannon National Review said these stories get published because they flatter the prejudices of particular narrow set of professionals. A note to our progressive friends, this is your version of qanon. Following for obvious, ridiculous lies. How worried are you that things like this so easily catch fire without the very basic factchecking that could have stopped this. Its really tragic that medical information thats not true goes viral so quickly. The hospital put out a statement basically saying this is not true. Yet the society really fed this narrative that some have to demonize those who are not vaccinated. Some people have relied on these Rescue Drugs instead of vaccinations. Thats not good logic. Rather than have all this vitriol, what we should do is have an honest conversation And i think we would do better with a less polarized discussion. Shannon the sharing of information is good for everybody. Making good decisions with their physician. This caught my attention. Because you are licensed in d. C. , i know youve seen this. D. C. Health care workers could lose their license, And-certification'>Registration And Certification here in d. C. They said their data indicates an alarming number of Health Professionals not vaccinated against covid. Failure to comply may result in revocation, denial. Saying hey, emt And firefighters. A five Year Department Veteran says there is hundreds And hundreds of firefighters that have said they will not take the vaccine for various reasons. To lose a couple hundred firefighters would significantly impact our ability to safely care for the city as well as endanger our own operations when responding to fires. Weve talked about the fact that theres a growing shortage of nurses And others who dont want to comply with the vaccine. We really have had covid. Maybe they have their own objections. Whats going to do to staffing some of the most critical parts of society . Its interesting when i got my d. C. License, they did require training around one thing with an actual testing that was lgbt training. There is no other training on Cancer Detection or demented violence or any other topic. Its very interesting interesting department of health. It is very legitimate for people who say i had covid. I have antibodies. I dont need vaccine. Science is on their side. Many Health Care workers in the district of columbia And nationwide got infected because they were out there taking care of people. The data has shown that natural immunity is 27 times more protective than vaccinated immunity. Thats from a study two weeks ago out of israel. Shannon the staffing issues, hopefully they can find a compromise. Israel, we were talking during the commercial. I have friends vaccinated early in israel. They have been notified youve got to get your third booster. And now we have, its his calls to begin writing for eventual fourth vaccine dose. Covid19 is here to stay And that the next Booster Shot may be adjusted for variance. This is our life from now on in waves. How many shots will be enough . There is a Magic Number. I dont think a booster will be an annual thing. If you think about it, some vaccines, its windows. Sometimes its two And sometimes its three depending on the virus. Hepatitis b, the Magic Number is three vaccines. With Chicken Pox its two. Mmr, its two. Every vaccine has its own Magic Number. Many people think the first two doses were so close together they functioned as one does so im encouraging who people who only got one dose to wait three months until a second dose of the mrna vaccine. With kids the Magic Number may be one. One study was found to be 100 effective with one dose in kids 12 to 15 in israel. Shannon usa that there may be an end to the shots. There is an end in sight. Shannon to all of this we hope. Doctor, youve been a good soul to walk us through. Can you trademark the shape of a delicious yet very common piece of cAndy . What if its a Hersheys Kiss. A chocolatey challenge. Food court is next. D the worst. You need to hire. I need indeed. Indeed you do. Indeed instant match instantly delivers quality cAndidates matching your job description. Visit indeed. Com hire people with moderate to severe psoriasis, or psoriatic arthritis, are rethinking the choices they make like the splash they create the way they exaggerate the surprises they initiate. Otezla. Its a choice you can make. Otezla is not an injection or a cream its a pill that treats differently. For psoriasis, 75 clearer skin is achievable, with reduced redness, thickness, And scaliness of plaques. For psoriatic arthritis, otezla is proven to reduce joint swelling, tenderness, And pain. And the otezla Prescribing Information has no requirement for routine lab monitoring. Dont use if youre allergic to otezla. It may cause severe diarrhea, nausea, or vomiting. Otezla is associated with an increased risk of depression. Tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. Some people taking otezla reported weight loss. Your doctor should monitor your weight And may stop treatment. Upper respiratory Tract InfectionAnd headache may occur. Tell your doctor about your medicines And if youre pregnant or planning to be. Otezla. Show more of you. Shannon Britney Spears appears to be one step closer to freedom. Her father has filed to end the pop stars 13 year conservatorship. In the Petition Jamie spears said he only wants whats best for his daughter. Even if that includes terminating his conservatorship. The next hearing is in three weeks. Talking about Hersheys Kisses And their iconic shape. We will call it food court. They are facing a lawsuit from the Cookie Department arguing what hershey calls its conical configuration is a universal symbol on hersheys claims the use of a similar shape does not constitute Copyright Infringement. Ethan bearman. Criminal Defense Attorney David bruno. Welcome back. He Hersheys Kiss versus a Chocolate Chip. Are they the same . Exhibit a from the complaint. Hershey seeks to prevent the Cookie Department from contending to offer its goods using a stylized Chocolate ChipTeardrop Imagery which they have used since 2009 And hersheys belatedly 11 years after the fact claims is infringing trademark. Hersheys has very successfully trademarked that Hershey Kisses in many different forms over the decades. Shannon he has got props. Its iconic. Everybody recognizes it. I dont think theres a single person in the united states who doesnt recognize it. Properly registered. Easily identifiable. Then we have to apply something called the Lapp Test to see if its going to be confusing to consumers. They want to look at things to see how similar they are And if its confusing to consumers. How strongly thE Trademark is identifiable And how strongly hersheys defense eight, which they do. Shannon i dont think most people eating Hersheys Kisses or Chocolate Chips know about that act. Exhibit b. This is from reuters. Hersheys invented Hersheys Kisses And 1907. According to papers, has had related Trademark Registration since at least 1976. They say this is their deal. They are not the same. The kiss has a wrap. It has a piece of paper coming up the top. If this were even true then every single Andy-manufacturer'>CAndy Manufacturer basically on every shelf in the Grocery Store must redo their Chocolate Chips. We are talking about Chocolate Chips versus the kiss. Thats critical. This is leverage at its best. What happened was the Cookie Department first had a lawsuit that started in december. That was another trademark Copyright Infringement against hersheys. Shannon these two are coming after each other. Yes. The Cookie Department was first with their first lawsuit. And long period of time before hersheys even comes up with this argument And its right in the middle of litigation. The timing is very fishy. Not to mention they are not selling the same product. Shannon it might be a little bit of backAndforth with these dueling lawsuits over their different trademarks And names. I want to highlight exhibit c. If hershey can claim their rights to any And all teardrop shaped chocolate should And the also be going after Chocolate Chip manufacturers. Most baking aisle Chocolate Chips do Feature Teardrop shaped chips. Theres two parts of that. It is ghirardelli which is fantastic chocolate. They dont use stylized imagery like the Cookie Department is using in their logo. The time differential is not going to be a determining factor that they started using it in 2009 And now her she wants to go after them. Whats interesting about the Chocolate Chip manufacturers is like this picture of the Hershey Kisses cookies on the back of the packaging, they usually use an actual chip. As opposed to the stylized image. Like you said, they are going backAndforth against each other. If the Cookie Department is wrong for that logo. Its on a baking sheet. Theyre not to even theyre not selling the same product. Its on a baking sheet. Its not a kiss. Shannon we are going to need to do some Field Research i think. We will let folks know. Ethan And david, thank you very much. A bit of trivia. I got engaged at Hershey ParkAnd my ring was hidden in the hershey. They are leaving their Daughters Dorm Room extra homing. They made her a huge blanket. Giant family photos. Not the first embarrassing Thing Theyve done. They like to yell I Love You she has rolled her eyes but her father says she secretly loves it. Kevin, its kind of hilarious. My mom was the opposite. She was like, all right, see you later. Im going to take you to louisiana. A Baby Dolphin that have been separated from its pod during Hurricane Ida has finally been rescued from retention pond. The rescue was dubbed operation flipper. Isnt that perfect . The Baby Dolphin is okay. Big thanks to the sheriffs office, audubon institute, seaworld And others for helping. Shannon you dont think a little Baby Dolphins. Thats so cute. That storm has wreaked havoc. Thoughts And prayers with folks trying to get their power back. H kevin, thank you. Thats it from washington for now. You have diabetes, you know high Blood Sugar is the root of the problem. But that excess sugar can cause the Blood Vessels to be seriously damaged. And when that happens, this could happen, Vision Loss or even blindness. Thats right, Diabetic Retinopathy is a leading cause of blindness for adults in the u. S. But even though you cant see it, there is something you can do about it. Remember this now is the time to get your eyes checked. Eye care is an incredibly important part of your longterm diabetes management. See a path forward with actions And treatments that may help your eyes And protect against Vision Loss. Just say to yourself, now eye see. then go see an Eye Care specialist. Visit noweyesee. Com to get the facts about diabetes, your eyes, And what you can do next to take control of your sight. Brought to you by regeneron. So whats going on . Im a talking dog. The other issue. Oh. Im scratching like crazy. Youve got some allergic itch with skin inflammation. Apoquel can work on that itch in as little as 4 hours, whether its a new or chronic problem. And apoquels treated over 10 Million dogs. Nice. And. The talking Dog Thing . Is it bothering you . No. Itching like a dog is bothering me. Until dogs can speak for themselves, you have to. When allergic itch is a problem, ask for apoquel. Apoquel is for the control of itch associated with allergic dermatitis And the control of Atopic Dermatitis in dogs. Do not use apoquel in dogs less than 12 months old or those with serious infections. Apoquel may increase the chances of developing serious infections And may cause existing parasitic infestations or preexisting cancers to worsen. New neoplasias were observed in clinical studies And postapproval. Most common Side Effects are vomiting And diarrhea. Feeling better . Im speechless. Thanks for the apoquel. Ahh, thats what friends are for. Ask your veterinarian for apoquel. Next to you, apoquel is a dogs best friend. I want some premium ideas for And-o-frost'>LAnd O Frost premium sliced meats. LAndO Frost premium. So much Goodness Itll make you cry very nice, very nice. LAnd ofrost premium. Fresh look. Same great taste. With golo, ive lost 13 inches in my waist. Theyre outta here. LAnd ofrost premium. You eat normal food. Youre not eating diet food. Im doing something good for me finally. announcer go to golo. Com to lose weight And get healthier. jackie ive made progress with my Mental Health. So when i started having unintentional Body Movements called tardive dyskinesia. I ignored them. But when the twitching And jerking in my face And hAnds affected my day to day. I finally had to say, its not ok. it was time to talk to my doctor about austedo. She said that austedo helps reduce Td Movements in adults. While i continue with most of my Mental Health medications. Vo Austedo can cause depression, suicidal thoughts, or actions in patients with huntingtons disease. Pay close attention to And call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have suicidal thoughts. Common Side Effects include inflammation of the nose And throat, insomnia And sleepiness. Dont take austedo if you have liver problems, are taking reserpine, tetrabenazine, or valbenazine. Austedo may cause irregular or fast heartbeat, restlessness, movements mimicking parkinsons disease, fever, stiff muscles, problems thinking, And sweating. Jackie Talk to your doctor about austedo. Its time to treat td. Td is not ok. Visit askforaustedo. Com. Good evening. Welcome to Tucker Carlson tonight. I am Brian Kilmeade i will be in for tucker for the hour. Keep your fingers crossed. Just hours ago hundreds of documents from tony Faucis Agency were published. The national institute of health. They confirm tony Faucis Nih funded, gain of Function Research in wuhan is any viruses that are