Transcripts For FOXNEWS The Ingraham Angle 20240709

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senator cruz and holly are here on the fascinating supreme court hearing on the future of roe versus wade. there is a shocking story out of philadelphia where a democrat city leader seems to be excusing a brutal beating. you will find out why later on the show and another cringe worthy white house tick-tock video. all the details in seen and unseen at first, putting roe to rest is the focus of tonight's angle. today's oral argument in the biggest abortion case since casey versus planned parenthood, certainly fascinating to listen to but confirmed what conservative legal scholars have been arguing for years that the reasoning in roe was legal fiction. the court never should have waited in to the abortion wars. the most revealing part of the argument came during a discussion that the idea of the court precedent should be respected to preserve a measured predictable defilement of legal principles, but left-wing justices and their supporters in the press largely abandoned the notion that any textual provision of the us constitution prohibits states preventing the killing of the unborn. at this point their main argument is roe has been on the books for a long time and it is too late to do anything about it. that is absurd. the notion that the american people are stuck with a wicked decision for the sake of tradition goes against everything the country stands for. by that reasoning plessy versus ferguson which allowed segregation for 50 years would never have been overturned by brown versus board of education. the solicitor general scott stewart, arguing in favor of a 15 week abortion ban argued against bowing to precedent when much has changed since roe including new imaging technology. >> advancement in knowledge and concern about such things as fetal pain, what we know, and is fully human. >> 40% of people, if you touch their feet the foot will recoil. there are spontaneous acts. i don't think a response by a fetus necessarily proves there is a sensation of pain or that there is consciousness. >> how twisted, how callous and how uninformed. by justice soto mayor's logic, mothers did not get excited when their baby kicks in the womb, the baby could be dead and merely twitching. a couple liberal justices contended that overturning roe would destroy the court's legitimacy. justice breyer says in ruling that is overwhelming unnecessarily and under pressure would lead to the condemnation of the court, loss of confidence in the judiciary, the ability of the court to exercise judicial power and to function as the supreme court dedicated to the full of law. justice sonja sotomayor said the same thing that will this institution survive the stench that this creates in the public perception that the constitution is not just being interpreted as political acts by the court. justice sotomayor's right to worry about a noxious stench but it is the one the court created in 1973 when it robbed the states of their right to determine this issue for themselves. in the words of the late great antonin scalia. >> regardless of whether you think prohibit abortions good or whether you think prohibiting abortion is bad the constitution does not say anything about it. it leaves it up to democratic choice. some states prohibit it, some states didn't. what roe versus wade said was no state can prohibit it. that is simply not in the constitution. it is one of those many things, most things in the world left a democratic choice. >> i wish he was there today. the late judge bork was even more, calling it an of judicial imperialism. another was inventing out of whole cloth constitutional rights that the framers never intended. the legal defenders of roe content a woman's right to privacy and bodily autonomy trumps the right to life of the unborn child. exposing the illogical core of this argument justice thomas asks whether other actions beyond abortion is similarly protected. he said there was a case of south carolina involving a woman who had been convicted of criminal child neglect because she ingested cocaine during pregnancy. in the woman arguing for the sin of reproductive rights so that those issues aren't posed in this case, she didn't answer the question because doing so would collapse the house of cards the road was built upon. the court in a row has always used the viability argument to justify depriving infants of their own constitutional rights to life. in other words they are not really persons under the constitution unless they are viable outside the womb. justice samuel alito smash this line of reasoning and basically said does a woman not have the same interest she had before the viability of the fetus, being free of this pregnancy, that she no longer wants to continue and again a lawyer cannot argue the point but said viability is the principle. you get my point. justice alito was right to raise it, the viability standard is not what the court is tasked with doing, the fetus has its own individual rights. he is precisely right but the democrats are the members of the party of death. basic logic and essential truths when life begins doesn't matter to them. abortion is the holy grail. and president biden likes calling himself a catholic school kid is too unprincipled to take the stand that his own faith requires. that led justice brett kavanaugh at the end of the or large humans to raise the issue the liberal justices conveniently avoided. he said there is an interesting fetal life, that is at stake as well and biden absolutely general gave a nonanswer to brett kavanaugh because there is no answer. the fact is my the framers who wrote the original constitution and bill of rights know the drafters of the fourteenth amendment ever intended to create a constitutional right to abortion. they profound such a concept to be barbarous and evil. the black -- the left things to claire about democracy, let them decide the questions presented by abortion and if a court with a majority of 6 republican appointees fails to pedro to rest then it should expect a conservative led movement to shrink the court's power and would also mean goodbye to the federalist society and that's the angle. missouri senator josh halley of the judiciary committee. if conservatives are let down once again what do you think? >> this is the moment, we've waited 50 years for this, this is the case, that became clear today, can't wait any longer, this is the time to over roe, the court that the damage its legitimacy, you point this out, it badly damaged its legitimacy in 1973, if the court cares about its legitimacy and the way the justices were talking about today than they will follow the constitution and they will allow the people to start exercising democracy again. i say this is the moment, this is the time and this is the case to do it. >> justice thomas started the questioning of this is the question where he hit on the right to privacy whether that is in the constitution. >> in the old days we said it was a right to privacy the court found in the due process of what are we relying on now. >> when it comes to decisions related to family, marriage and childbearing, the court has done the analysis of higher-level generality and that makes sense because otherwise the constitution would reinforce the historical discrimination against women. >> historical discrimination against women? in other words carrying a child is a punishment and totally diminishes any woman's ability to be free in the united states, that is a wild type of legal reasoning when you start to unpack that. >> it is and something the left has bought hook, line and sinker, what about the interests of the unborn child many of whom are females, what about the interests of the unborn woman in the womb and this is something i thought justice cavanagh pointed out brilliantly. there's an interest here throughout the pregnancy in the life of the child and every justice on the united states supreme court has acknowledged in past years that there is an interest in unborn life, the question is when did that interest become compelling and the answers it is compelling throughout the pregnancy because the unborn child has rights throughout the pregnancy and it is time the court recognized that and got out of the business of imposing their moral views on the rest of the country. that is not the court's place. it has badly damaged illegitimacy, time to stop that and it is time to allow the american people to reclaim the basic promise of america which is in this country every person has inalienable rights and that includes the unborn. they have inalienable rights, they are valuable, they are protected and it is time to let the people make good on that promise. >> cavanagh went to great pains to reaffirm the court would not be outlawing abortion. people read the headlines don't realize this would merely be returning it to the states. some states would have it be legal, others would have restrictions and if people didn't like that, vote the state legislatures out and they would start over. a a lot of people think that means there would be no abortion which a lot of conservatives want but that is not what the court would be doing in overturning roe, correct? >> exactly right. this is about democracy. this is about the people of this country having a say the first time in 50 years on this important question. this is a moral question. the abortion issue is a moral issue and that is exactly why the american people should get to have a say in my justices shouldn't be imposing their moral views on the rest of the country and we can't do anything about it. this is about democracy and returning this issue where it belongs which is to the american people in the states. the constitution committed to the people and the people should have the final say. >> obama's former sg, a constitutional conservative, a danger to america and the court. >> these justices are not just kind of conservative, they are far to the right of even the republican party justices have been in the past. is not a mystery when one asks wise the legitimacy of the course dropping? it is because the court is out of the mainstream of american society. >> is obviously talking about justice suter, justice kennedy's flipped voting casey, which was devastating for those of us who believe in states rights to determining questions but what about that argument? the left is worried about the court's legitimacy now but they weren't concerned when they threatened court packing last year. >> what has destroyed the court's legitimacy and turned the court into a political football is row. it is the court legislating from the bench with the are going to be for every state in the nation and every person in the nation and they change their minds all the time, the court is constantly rewriting the abortion was, but it is the same for 50 years, it changes all the time in the lower courts have no idea what the design now because the supreme court is constantly rewriting it. this is why the supreme court needs to get out of the business of imposing its views on abortion in the nation and let the people have their say. that the constitution commands and that is what will restore the court's legitimacy. >> thank you so much. we have a decent sense about maybe how some of the justices will come down in this case, a virtual certainty of the three liberal justices appointed by democrats dutifully defend robot word to the 6 republican appointed judges stand? joining his attorney robert dunn, former clerk for justice clarence thomas, attorney washington. let's break these -- break it down. justice by justice. who is definitely voting to overturn roe and why and predicting the court is always a little tricky but if you had to guess today. >> we all know where justice thomas comes down on this, he's written many times he thinks roe and casey wrongly decided and he doesn't give star decisive much weight in constitutional questions, no question he will vote to overturn. justice alito spelled the argument today. is it ever okay to just overturn a case that is egregiously wrong and he eventually got them to admit plessy versus ferguson should have been over the following year and recognize how wrong the decision was and pressed hard on that. at the end of the day he also seemed to be on the same page. the more interesting comment was brett kavanaugh who had an interesting colloquy with the planned parenthood attorney in which he said you cannot accommodate the two, the woman has a right to bodily autonomy, he didn't deny that but there's a fetal right issue and those two can't be accommodated. one has to win and one loses. who makes that decision? do we get to decide which interest prevails or should that be left to the people and he advocated what he called scrupulous neutrality by the court. the court should take no position, shouldn't be looking to strike down laws like in california that are very solicitous to abortion, shouldn't get involved in that but nor should it strike down laws like those in texas and alabama and mississippi the more solicitous of fetal -- his position is going to be ultimately this does have to be a decision made by the people. justice roberts is on the record many times, he's a minimalist, he wants to find the narrowest possible grounds -- >> he seemed to focus on this 15 week timeline and mississippi. watch. >> i like to focus on the 15 week been because that is not a dramatic departure from viability. it is the standard for the vast majority of other countries have, not a prohibition, it is a 15 week line. >> he even cited north korea and china. wears here on this? >> i think he's looking for a way to uphold the mississippi law without overturning roe. that is part of his dna because he doesn't like big bold dramatic moves, he's always looking to make the small incremental decision but he's of the view roe and casey were wrongly decided. he's going to have a very difficult job because once you get rid of the viability line everybody who stood at the podium argued admitted there was no alternative, is there a line you can draw other than viability at the end of the day they said we don't think so. i don't know how he's going to do that, if you wants to cite european law or something. laura: looked like he was fighting against himself and logic and essential constitutional principles in the way he went about that. of course it doesn't make sense. 15 weeks doesn't make sense, talking about pain, and not him but sotomayor whether the baby can feel pain in her point made no sense, it was fascinating to watch or listen to this argument today because i think people who have a chance to listen to it went away their breath taken away, if you take politics out of it and just look at the principles i don't think there's any question this is to be overturned. you cannot split the baby for lack of a better phrase. >> justice barrett is the last while court, has been on the court very little time, we don't have a long track record but she made one point i thought would suggest of where she will, which is in roe and casey we focused on the burden of not just pregnancy but of being a parent. your imposing a big burden on women, you don't want to be pregnant but now their parents and that will change the course of their life and she said every state that has abortion restriction now have laws in place that allow parents to terminate their parental rights immediately after birth so nobody has to be a parent that doesn't want to be a parent. >> every catholic church that i know of will take any baby that is unwanted. >> thank you. fascinating. senator ted cruz identify the most dangerous bureaucrat in the history of america, he's here to tell us what it is and he will spill the details on whether senate republicans are going to shutdown the government to fort biden's vaccine mandate, stay there. a term policy - for an immediate cash payment. call coventry direct to learn more. we thought we had planned carefully for our re >> sean: time flies when you're having fun. unfortunately that's all the time we have left this evening but as always you make this show possible. thank you so much for being with us tonight and every night. we hope you'll set your dvr so you never miss an episode of "hannity." if you miss it you can watch it on your dvr. it's simple to set up. in the meantime i have some good news, let in the your heart be troubled because as the news continues, laura ingraham is standing by. she has a huge show. i don't know what it is yet but it's huge. direct. they explained life insurance is a valuable asset that can be sold. we learned we could sell all of our policy, or keep part of it with no future payments. who knew? we sold our policy. now we can relax and enjoy our retirement as we had planned. if you have $100,000 or more of life insurance, you may qualify to sell your policy. don't cancel or let your policy lapse without finding out what it's worth. visit coventrydirect.com to find out if your policy qualifies. or call the number on your screen. coventry direct, redefining insurance. .. where's mom? she said she would be home in time for the show. don't worry sweetie, she promised she'd be here for it. oh! nice shot! thanks! glad we have xfinity. with wifi speeds faster than a gig. me too. [claps] woah! look! [chuckles] mom is on tv! she's amazing! [screams and laughter] yeah! xfinity brought us together after all. get started with xfinity internet and ask about wifi speed fast than a gig. click, call or visit a store today. >> how is your interest anything but a religious view? >> how is your interest anything but a religious view. the issue of when life begins has been hotly debated by philosophers since the beginning of time. it is still debated in religion so when you say this is the only right that takes away from the state the ability to protect the life, there is a religious view, isn't it? laura: next guest might have a thing or 2 to say about that, texas senator ted cruz, member of the judiciary, clerks on the supreme court, author of one vote away, our single supreme court seat can change history. i would like you to respond to what you heard from sotomayor, she gave us a lot of gems today. what is your reaction to today's argument as a whole? >> the left when it comes to abortion has gotten more and more radical. you see that from the questioning of justice sotomayor where she suggesting that to protect a life is somehow taking a religious view, for most of human history life is been protected and if you look at where the court really started to go wrong, the 1973 decision started the supreme court down this dangerous road of being deeply deeply politicized. what the justices said in roe as it is you silly voters you don't have a right to make any decisions regulating abortion, doesn't matter what you may vote to do your citizens vote to do, we nine unelected judges will decree the rules for you and that decision more than any decision in modern times has produced enormous division in our country. i am hopeful, there's reason to be optimistic that the result of today's argument will be the court admitting that was a mistake overruling roe which is the right thing to do, what i urge the court to do and returning the decision to state legislators. >> six republican appointees on this court after all the money that has been raised, the federalist society, these fatcat dinners, i am pissed about this, this court with 6 justices cannot do the right thing here, the constitutional thing then it is time to do it robert bork's it is circumscribed the jurisdiction of this court, they want to blow it up they, that is the way to change things finally because this is insane. >> i would do that in a heartbeat, the constitution gives congress the authority to restrict the jurisdiction of the court, we should do that. it is something sad looking at this court as you were going through counting noses there only two justices that i'm confident how they are going to vote on overruling roe and that is thomas and alito. i'm hopeful we get the five but i'm not at all certain and that is unfortunate and you mentioned a minute ago the book i wrote last fall, one vote away from an entire chapter talks about life and walking through the history starting with roe versus wade, the decision-making, the politicization that came from it and talking about the three most recent supreme court justices and we will see how they vote but there's reason to be concerned. i hope they do not disappoint so many of us that put our faith that they would follow the law because there is a right outcome your and that is follow the law and overturn roe which the result of that and this is something a lot of people misunderstand, if and when roe is overturned it doesn't mean suddenly abortion is illegal. it means the state legislatures can decide what the rules are. california is going to continue to have wildly permissive abortion laws, other states will decide to protect life and protect it far more vigorously and leaves it to the democratic process. >> senator howie made that point. your friend texas congressman sheila jackson lee used the roe argument to attack texas's abortion restriction. watch. >> a health crisis going on in texas, a travesty, of fate full of sadness and has women fleeing. actual crisis. takes me back to the bounty hunters of slaves who were attempting to free themselves out of the bondage of slavery. we are literally living in the 1800s. >> babies r bondage. your response. >> that is a sad and extreme argument. today's democratic party wasn't that long ago when bill clinton was president where he said he wanted abortion to be safe, legal and rare. i disagree with him on that but he at least was proposing some degree of moderation. today's democratic party the position of virtually every democrat in congress is they support unlimited abortion on demand up until the moment of birth, support partial-birth abortion with government funding, no parental notification, no parental consent, that is a radical and extreme position supported by fewer than 10% of americans in the position of president biden, kamala harris, chuck schumer, nancy pelosi. the democratic party has gotten extreme on this and it is striking, it is unfortunate she led to the comparison to slavery because as you know, planned parenthood when they actively advocated for abortion one of the reasons margaret sanger, the father planned parenthood advocated for abortions because she said it would be a good thing to abort more african-american children, eugenic racist justifications and that was the foundation behind planned parenthood being formed. >> i want to get to an exchange between peter doocy and the menu call the most dangerous bureaucrat in american history. >> advised the president about the possibility of new testing requirements for people coming into the country does that include everybody? >> the answer is yes, anybody and everybody coming into the country needs to get a test within 24 hours of getting on the plane to come here. >> what about people who don't take a plane and these border crossers coming in and huge numbers? >> that is a different issue. jason: what biden is doing is nothing to do with controlling the virus at all. >> the hypocrisy from anthony fauci seems to know no limits. the damage he has done in a time of medical crisis we would like the leadership in our health agencies to be based on science, based on medicine and fauci has demonstrated that he is just a democratic talking head. he will go with the politics and he will change on a flip of a dime. his answer where he says 2 million illegal immigrants coming across, not testing them, releasing them, covid positive, no risk on the other hand when the teachers unions ask the biden administration require kids to wear masks in schools, giving into the teachers unions because they are political allies of the democrats, that is science too and there is a level of dishonesty that i think has done damage to the credibility of the cdc and the nih and i got to say doctor fauci in particular there are serious questions whether he committed a felony in lying to congress where he stated categorically that the nih had not funded gain of function research at the wuhan institute. the nih contradicted that in writing. not only that but fauci communicated with mark zuckerberg in emails asking facebook to censor suggesting the virus came from the wuhan institute of virology. that is politics and dishonesty and he has done enormous damage. laura: he is a political hack and his time has come and gone, expiration date on fauci -- great to have you on the court tonight. coming up the bill night infrastructure booster, more biden bubbles and jussie smollett debuts his latest role as a defendant in court, raymond arroyo has it, seen and unseen next. i got this mountain bike for only $11. dealdash.com the fair and honest bidding site. this i-pad sold for less than $43. this kitchenaid mixer sold for less than $26. a 4k television for under $2. a macbook pro for under $16. this playstation 5 sold for less than a dollar. and brand new cars for less than $900. dealdash.com offers hundreds of auctions every day. all auctions start at $0 and everything must go. and don't forget we 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bill, not infrastructure bill. you heard about that in the house of representatives the past in recent come our roads, power lines, water, pipestone upgrade and improvement so we can have a better infrastructure. next would be for addressing climate change, providing people to weatherize their houses and be more resilient to climate change and establish a civilian climate core. >> when did bill knight who is a mechanical engineer become a budget or climate expert? this civilian climate core will cost $10 billion to set up and no one knows exactly what it is going to do but build i brought on a special guest star to close the deal for skeptical public. >> >> president biden: using my lines. i'm a believer in this. old enough to remember when the us was a leader in evolution -- innovation. we love driving. >> that was a cognitive quiz. word association. i think bill knight is what you call a personal booster, he talked about booster persons yesterday, that is what bill and i would constitute. >> potter was watching a remake of cocoon. it is like $4 trillion, don't say one.75, that's their branding, 4.75. >> night is just the latest in a string of celebrities the white house is deployed to push their agenda from hard tick-tock influencers to songs, i'm waiting for it along glory and billy porter to show up to sell this budget buster. member them from the democratic convention? laura: that just doesn't make -- none of this worked last time they tried it. it doesn't move public opinion at all. >> i was waiting, we press on. biden pushes a climate core, dram or how the media reacted when trump unveiled his space for us. >> finally learned about the space force chain of command. it will go eta, yellow, then bruce. >> just a picture of money being shredded and thrown at the moon. >> may have been on to something. talk about unseen and uncovered. this could be what is happening in space right now. if you think we are engaging in hyperbole the washington post reports china and russia are attacking our satellites. general david thompson of space force says the threats are growing and expanding every single day and it is an evolution of activity that has been happening for a long time. they are using lasers, radiofrequency jammer, the chinese even have launched a satellite with a robotic arm that destroys our satellites. we are worried about spending more money. >> china is not our enemy. goldman sachs is doing all sorts of deals over there, big thanks doing big deal to make big money and we don't care if america goes down in the process. talk about unseen story, the jussie smollett trial is underway in chicago. it is not getting a lot of coverage. >> police and prosecutors alleged the empire actor faked what he claimed at the time was a homophobic racist themag inspired that. jussie smollett allegedly hired two brothers he took to the site of the crime for address reversal, the jury was shown video of that dry run today. >> that is underpaid on the show empire is very famous. >> i'm gay, yes, i am. >> this is themag a country. >> that was from the daily show but it is not much of an exaggeration. jussie smollett is facing three years in prison for this hoax. hope he gets 6, hate he stirred up, the political division, the police that were engaged in the process is enraging and that is the least he should get at this point. >> we were pretty skeptical of the story but the media really jumped on that. waukesha, wisconsin, that story is gone, they left that in the dust. jussie smollett will show themaga people are horrible and all the rest. >> his defense attorneys say the two brothers attacked him because they were homophobic, he was on their payroll. this is absurd. laura: thanks for the unseen updates, disturbing video shows a brutal beat down a teenage girl in philadelphia but what is worse is the city leader is justifying this attack. the shocking video letter report when we return. our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... giving us confidence in our future... ...and in kevin's. voya. well planned. well invested. well protected. ♪ ♪ [shouting] [bleep] laura: that or effect attack was captured on a philadelphia subway car earlier this month, got no play almost, four black teens that brutally beat that asian girl are facing ethnic intimidation charges, police say the black teens whirling racial slurs before they attacked the victim but just as shocking, the words of the city councilmember who herself is asian, almost explaining the way the attacking the assailants are trying to articulate what they need to be done better by institutions including the school districts to address racial bias. the issue, the left has gotten so radical on it they are essentially justifying racial violence. gordon cooper, project 21 code chair, what they are saying entirely predictable. >> i am outraged upon watching the video and seeing the response of the elected officials in that community. it is true, i should have expected to see this kind of bad behavior but unbelievably, how elected officials could say we are going to explain away, cover up and even re-ward this kind of violent behavior. we would anticipate seeing this problem all across america if this mindset was allowed to continue. laura: what is sickening is this woman attended the anti-asian violence protest that was sparked out of this incident, and this was just yesterday. >> it is what this nation has been doing around anti-asian violence, rhetoric that started from the top, from the highest of the elected office with elected parties generating anti-immigrant, anti-asian rhetoric. that needs to end now. laura: she is a democratic councilmember who was essentially justifying the violence as a frustrated expression of these disaffected youth event hopping on the protest on the other side trying to cover all bases blaming republicans. >> what needs to end is excusing violent behavior. there has been for a little bit of time, more than a few years a growing problem of minority attacking nonminorities are attacking other minorities and the media completely ignoring it. is what the rule needs to be, you don't hit people, don't slap people, don't rob people, don't beat them down and if you do, we don't care why, we are going to hold you accountable. that is the message that stop this from happening and that is the message that doesn't have to come, quote, from the white house, doesn't have to come from anywhere else but a common sense answer. shame on this councilmember who happens to be asian not willing to stand up for common sense mindset. laura: could not a bit better myself. great to see you tonight. president biden keeps repeating one specific law, the last bite explains next. the worst genocide in human history also destroyed the lives of thousands of jewish survivors still suffering today. god calls on people who believe in him to act on his word. "comfort ye, comfort my people." especially during this holiday season of hanukkah. when i come here and i sit with lilia i realize what she needs right now is food. these elderly jews are weak and they're sick. they're living on $2 a day this now, is how god's children are living. take this time to send a survival food box to these forgotten jews. the international fellowship of christians and jews urgently need your gift of $25 now to help provide one survival food box with all of the essentials they critically need for their diet for one month. your special holiday gift will provide everything they need to celebrate the miracle of hanukkah. this is the first time in over 70 years that she has anything to do with faith. the communists came and wiped it out. and now we're coming to her and saying, "it's okay to have faith." it's okay to light the hanukkah candles. for just $25, you can help supply the essential foods they desperately need for one month. i just want to encourage all of you to join with yael eckstein and the wonderful work of the international fellowship of christians and jews. god tells us to take care of them, to feed the hungry. and i pray holocaust survivors will be given the basic needs that they so desperately pray for to survive. laura: i was going to play president biden but instead we will play something we just got in. before you send money to arizona state parents or go anywhere in colleges today look at the mindset these universities are producing. >> not just anything, these are white supremacist - white americans who kill black and brown people. laura: i think they would have attacked him physically if he had shown up on campus. stay connected to with us. don't forget to show you understand what is at stake, where your freedom matter gear and gutfeld is next. todd: a fox news alert, mass exodus. a top aide of vice president kamala harris leaving amid reports of dysfunction in the west wing. you are watching "fox and friends first" on thursday morning. carley: the chief spokesman is set to leave at the end of the year as other staff members are reportedly eyeing the door. >> reporter: good morning.

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