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Failing to make a deal. President if i needed the votes for the wall in the house i would have them in one session. It would be done. We need ten democrats. We have a disagreement about the wall. Not onboarder security but the wall. We do not want to shut down the government. Let me finish, because you cant get your way. President we will keep it open if we have Border Security. If we dont have Border Security. Im with you. Dana mike son capitol hill. Mike, how is that for the first meeting after the midterm. How about it, dana. Good afternoon to you. Democrats love to point out republicans lead the senate and the house, for now. President trump says blame him if he doesnt get significant money for the border wall. President yes, if we dont get what we want through you, military, anything you want to call i will shut down the government. Fair enough. We disagree. President i am proud to shut down the government for boarder security, chuck. People of this country dont want criminals and people with lots of problems, and drugs pouring into this country. I will take the mantle. The president willing to have a partial government shut down days before christmas if he doesnt get the money for the border wall. Dana so they go back to the capitol. Ten days from a shut down, right before christmas. What happens next. Nancy pelosi insists this is not a preview of what the congress and white house will be like for the last two years. And she sounded hopeful. I think we left in a pretty good place. We gave him two possibilities. One, pass six appropriation bills and have one, the seventh bill be a continued resolution until september 30th. If hes not happy with that just pass all 7 bills as part of a continuing resolution until september 30th. They said they would think about it. The major challenge is finding a bill that will get 60 yes votes in the senate and the president s signature. Dana. Dana thank you, mike. Lets bring in bret baier for a special report. The only meeting i remember was the troubled Asset Relief Program when mccain shut down his campaign. He came to the white house and had a pow would you in the cab in the room. I was there. I was there. Dana one day i will show you my notes from it. This is a chance for the posturing before they get a chance to work together. I wanted you to listen to what nancy pelosi said early on. She tried to brand this something else. Watch this. I think the American People recognize that we must keep government open. That a shut down is not worth anything. That you should not have a shut down. President trump . You have the white house. You have the senate. You have the house of representatives. You trying to brand is the trump shut down. What do you think of that . This was a remarkable time in the oval office. The cameras were allowed. In numerous times the minority leader soon to be likely speaker said, you know the cameras should leave and we can continue the discussion without the press here. The president at one point said, nancy, this is about transparency. It was quite something. The exchange was quite something. How does this play . There is a lot of coverage about this will say its the president saying its his shut down. He is owning it if it happens. In the middle of the country i think there will be a sense hes fighting for what he campaigned on, number one. Number two, washington always kicks the can down the road with continuing resolution and continuing resolution. Why not fight this. Is probably the last chance he can fight for this. Dana im glad you brought that up. I want to show you a poll from this morning. Mpr poll. Should trump compromise on the wall. Yes 57 said yes he shouldnt shut down. I want to show you another number. Republicans if you ask them they say 65 that he should not compromise. Even if that means a shut down. Everyone is thinking about the different audiences. The president is thinking about his baseboarder security. The democrats are thinking about their base and politics. Yet the number 65 seemed like a big one to me. Thats right. In republican circles this is seen as a stand your ground. Another thing to point out. The bills that have passed is a substantial portion of the budget. You are dealing with seven bills, percentage wise its not huge but it would affect people, and would be felt by people with a partial government shut down. Two, were not done with the negotiating or horse trading here. You could see another deal added where democrats relent on the 5 billion and say if i get x, y, z, maybe i will do that. Dana thats what we just showed you the sound bite with soon to be, i guess, speaker pelosi. She said behind closed doors without the press they offered two options. She says the white house says they will think about it we will hear what the white house thinks when we get to. That there are not many days left before the end of the year. Mitch mcconnel says he will start debate on the criminal reform justice bill. He says he may have to work between christmas and new year to get it done. Listen to senator tom cotton, he has concerne concerns about the. What should of been an effort to help prisoners get back on their feet when they pay their price to society dana there are changes to the legislation making it more pal itable to folks concerned. Bret, there isnt much time left. Proponents of the bill feel if it doesnt pass before the end of the year. The new democrat you can congress will ask for so much there wont be any republican support. I think youre right, dana. This is a chance for this piece of legislation. It has a significant bipartisan push. They may try to amend it. You add amendments and it subtracts for someone else. I think there is a possibility its all lumped together. Dana i do too. It becomes one giant thing to vote on. People say i get this, i get that dana and i get to go home. The date helps. Government by shut down or continuing resolution is not very satisfying. I think youre right to point that out. Bret baier, thank you. Thank you, dana. Dana in the wild Oval Office Meeting President Trump saying he would be proud to shut down the government. Here is nancy pelosi when it was over. He has the senate. He has the house of representatives all in republican control. He has the power to keep government open. Dana joining us is more with chad pergran from capitol hill. Whats the sroeub there. Law makers are kind of resigned they may be here between christmas and new years. We havent had a government shut down, partial government shut down since 19951996. With the shut downs between Newt Gingrich speaker of the house and bill clinton. I spoke with senator lindsey graham. He says its up to the president to stand his ground, fight this, dig in and fight in departments the what he called a liberaller owe tkpwapbs. I told him i think youre right. We dont always agree. I think this is a reasonable request to get more money to build walls where it makes sense. Shower up the fencing that is falling apart. This is hypocritical for the democrats to vote and say no when they voted for more money than this in the past. Here is the issue. There was the conversation with nancy pelosi and the president about the house of representatives having the votes to move a bill. She kind of called the president s bluff and said if you have the votes move one. I asked the speaker, paul ryan this morning, they defeated bills this summer providing border wall funding. To be clear those are what we call authorization bills. Not appropriation bills. Appropriation is the real ammo and the money. Dane a here is the key, there isnt the right mixture of votes on the republican side of the isle to pass a bill with or without Border Security. Thats the key. Thats why they need the democratic votes. Dana are there any democrats that maybe lost or any republicans that may of lost in a lame duck section of congress they may be willing to get this over the finish line for the president or nancy pelosi . A lot of times we hear the discussion of the lame duck session. Its usually over session. People dont magically go along with something because theyre retiring or losing an election. Another key factor people havent caught onto, since the election there is a lot of republican members that lost or are retirintiring that havent darkened the door here. They dont have the right vote mix to move much of anything in the house of representatives. There was talk about tax reform. One of the reasons they havent moved it is they dont have the right vote mix to move it to the republican side of the isle. This dead line is a week from friday. 11 59 p. M. We have been through this, it wouldnt be christmas without crisis at the capitol. Everyone Walking Around with grinch hats on or something. A lot of times they put out the fires at the last minute. Its almost as though the meeting had to happen. Also nancy pelosi had to flex her muscles a little bit to show to sceptical democrats who are not willing to vote for her for speaker and moderate democrats she has the juice. She put that on display at midday. Dana at one point she said, dont understand estimate my strength, in the meeting. Absolutely. Dana chad, thank you. My pleasure. Dana the ceo of google is taking tough questions on capitol hill. What he said about privacy concerns for the Search Engine giant. And the plan of splitting from the eu. What is fueling the anger of our closest ally. Dana 2 isyearold james field who drove his car into a group of counter protesters, he has been sentenced to life in prison. He was convicted of first degree murder in the death of a 32yearold woman. He was attending the raleigh when he got into his stkopblg challenger and ran into a group of protesters. The ceo of google showing up on capitol hill. He faced questions from a house hearing on political bias. Privacy and googles dealing with china. What is the ceos big message for law makers, julianne . Dane a it was the google ceos first hearing here. He came armed with a entire gigabyte of assurances. Top of the agenda was political bias. Look to us to provide trusted information. We work hard. We have put a number of checks and balances in place to insure our standards. I lead this Company Without political bias and work to insure products continue to operate that way. He took hits from all side today. Multiple republican members accusing doin google of having a anticonservative bias and a democratic member accusing google of a antiliberal bias. Dana and what about the question of bringing a Search Engine to china. Yes. That was another topic. His basic response was doing goe spent many months with a prototype Search Engine for china. No point have they decided to launch it going forward. Right now we have no plans to launch in china. We dont have a search product there. The core mission is to provide users access to information. Getting access to information is a important human right. We are compelled across the world to troy hard to provide the information. Right now there are no plans to launch search in china. He told law makers that google has never nowhere ever will they sell user data. Mighty big promises from him today. Dana im sure thats not the only time he will be asked to come to capitol hill, especially with the new congress set to begin. Thank you, julianne. Europe is in turmoil. Will leaders across the pond pay a price for the tumultuous times. And folks in North Carolina are not out of the woods yet as they prepare for another blast of wintery weather. This is the first winter storm of the season, it came early. It may not be our last. Were resilient. Were ready to take on whatever comes our way. Dana millions in the southeast are digging out from a powerful snow storm. Claimed three lives and grounded thousands of flights. Roads are icy and extremely dangerous. Crews are working to restore power to hundreds of thousands and officials are warning folks not to venture out. If conditions are dangerous, dont take the risk. Sit tight and wait for the sunshine and safety. Dana North Carolina authorities are invest gating a fourth death that could be related to the storm. Amid protest in the u. K. Over brexit and riots over tax hikes. All is happening with the economy being relatively strong. What happens to western politics when the economy next heads south . Times wont always be this good. We must hope the west Political Leadership will have the fortitude to weather the storm. What do you think is fueling the unrest, michael . I think its definitely politicians failing to listen to the voices of the voters. I believe that the cost of liverinlivinghas gone so much hl wages havent caught up. The Jobs Available are generally high skilled. I think that plays in the United States but people cant necessarily reach for the jobs. You add that onto the higher taxes of europe, you see this that is happening now in france. Dana there is the issue of immigration of course. If you look at our allies especially italy. Look at this poll. Peoples feelings on immigration. In italy 71 say they want less immigration or no more immigration into the country. France 61 . Usa is 29 . Part is because italy has accepted a lot more refugees. A lot more from north africa. Voters see it as a zero sum gains. Food on the table, competition for jobs. These are problems that have to be solved by our politicians. Dana what about trying to solve the problem at the source . There are lots of things going on. Governments are quite distracted. Ultimately i think thats the only way to do it. The economies of north africa. Latin her and south america. People sra to feel safe staying there and not migrating. Dana another issue is Climate Change. Take a listen to this. This is an audience member scoffing at the United States at this Climate Change conference. [laughing] dana i dont doubt their passion this. Is wells griffith from pugh oe. He was trying to say. I think through innovation we are making progress. Episodes like that are the problem. That is what makes people like me think well, you know there isnt a politically, politically incorrect to ask questions about Climate Change or how we deal with them or else you will get mocked and ridiculed in front of the international community. Thats the exact wrong way to go to bring United States along on what theyre trying to do. Although were appropriately skeptical. Dana tell me about the governments having to do with russia bearing down on ukraine. Thats what worries me. Russia ask taking advantage that france is distracted, britain is embroiled with brexit. Here the russians are doing what they do. They are seizing sailors and the straights and ukraine and otherwise causing big trouble. Without the european allies being ville against and a voice out of the United States, i worry they will continue to encroach towards our allies. Dana that puts more pressure on us. It does. Dana michael allen, happy birthday to you. Thank you for being here for yoe show. Thank you. Dana a former baylor student accused of rape after a plea deal. More on the incredible theater in the oval office over skewering the border. You say my way or we will shut down the border. We have a program for democrats and republicans to support. We urge you to take it. President if its not good Border Security i wont take it. Its very good Border Security. President if its not good Border Security i will not take it. Elections have consequences mr. President. President thats right. Thats why the country is doing so well. Dana a show down over the shut down playing out on live tv. The president arguing with chuck skhaoupler and nancy pelosi. Schumer stating his case to the commander in chief. We do not want to shut down the government. You have called to times to shut down the government. I want to shut down the government. We dont. We want to come to an agreement. We have solutions to pass the house and senate right now that wont shut down the government. Thats what were urging you to do. Dana cohost of the five, great to have you both here. This is nancy pelosi, not speaker yet. She has to get over the hurdle this. Is a chaps to show her base and supporters she has it in her. Dane a you have it exactly right. This was a sort of dog and pony show. It was a performance for the cameras. It may be a baseline of the actual negotiations that wont be televised. This revolution is about whether or not you get the wall. Her base. I will say i want to define the base carefully here. The far, the most extreme elements of the Democratic Party will not tolerate any kind of wall. I think that Chuck Schumer who is the minority leader in the senate has heard this already. Not only in general from the far left but from people in his, his hispanic caucus who have said clearly, they cant tolerate any kind of compromise. Schumer is willing to give the president 1. 6 billion. Dana he has voted for boarder security, walls and fencing in the past. Yes. Not this wall. Dana i guess it feels like its being, the politics is being played. I showed bret baier this poll out today. We dont have to bring it up again but i will reiterate. 65 of republicans say no compromise on the wall. You know what is also interesting, dana. Democrats a few years back were all about Border Security and stricter immigration laws. In addition the four pillars of the president s plan including pugdaca and the wall and visa lottery and the chain migration t won with con stil con still u. If theyre on their way to a compromise we know. That we have a house of representatives dana Mitch Mcconnel commented on this and we have a little souped from him. I hope thats not where we end up. I understand it was a rather spirited meeting. We all watched. But i would still like to see a smooth ending here. I havent given up hope if thats what i have. Dana juan, take a look at nancy pelosi in the oval office talking about the House Republicans bringing it up if they wanted too. Were here to have a conversation, i dont think we should have a debate in front of the press on this. The fact is the House Republicans could bring up this bill if they have the votes, immediately, and set the tone for what you want. Dana so, does she have a point republicans should have the leverage here. Im not sure about leverage. Im interested in the language, i think they have the opportunity. They could in fact vote. They have the majority as you know. What they could vote on would come directly from the president. That would be the starting point for the bargaining. Dana thats what i mean for leverage. Until january he they have the majority. If the Senate Majority relinquished the filibuster in passing immigration they could of passed immigration and healthcare bills. They didnt do that. Dana yes. I want to bring up alis she has an event, a young republican woman on the mission to help the party realize they have a problem with women. Listen to her today. I said news flash. I didnt ask for permission. I will not ask for permission. And thomas smart has changed his tune since then. He said he supports the efforts. He says we need hundreds more women in congress. Im tired of having this issue in our con green conference. I think its time to roll up our sleeves and change the candidates we. Have. Dana she is referring to the mrcc chairman who says hes onboard. Youre a republican member of congress once. What do you think. I was one of ten percent that was women. We had Great Respect for our male colleagues. We know we have a challenge. Now ellis is being joined by wagner and dianne black and the other women in the Republican Congress and the senate. Republican women need to be fostered now. Republicans on the ground instead of focusing on recumbant, they need to boldly invest to reach out to women in grass raolt efforts. We speak on issues directly to women to let them know issues of republicans concerns and issues to concern us all. Theyre all pro women. Republicans need to embrace that. Dana you see efforts pwaerts reofparties realigning. How do you think that will happen for republicans. You have record numbers of Democratic Women coming into the house. You see dwindling numbers of republican women. I think a lot of this is linked to donald trump. A lot of the white suburban women voted for trump. Now the same women have moved away. I think thats why this Congress Woman is so concerned. If the party doesnt make a effort there is no way they will address the problem in the next two years. Dana thank you both for being here today. Youre welcome. Dana a texas judge accepting a plea bargain from a former baylor student accused of raping a woman at a fraternity party. It allows him to avoid jail time. Sparking outrage from his victim and marks the third time this judge has approved lesser charges for men accused of assault. The victim in court says shes devastated by the judges decision. The judge quoting her, saying hes allowing a rapist to walk free without serving any jail time, any real punishment at all. She is talking about this guy, jacob walter apedder son. Under yesterdays plea deal he was allowed to plea no contest to unlawful restraint. Thats a much lesser charge compared to what he was originally indicted for, multiple counts of Sexual Assault. For what allegedly happened at an offcampus party in 2016. The former baylor student says she was drugged and raped multiple times by anderson. He was expelled from baylor after internal review. The local Attorney Office says evidence didnt support the victims drugging allegation. He nearly choked her to death. He raped her violently. He left her passed out in her own vomit. The rape exam confirmed rape. Judge ralph struthers provides over the District Courts in that part of texas. Last year he gave another man probation and ordered him to pay for the womans counseling. He allowed another man earlier this year accused of Sexual Assault to spend his jail time on weekends. So, this is a controversial decision. The third one. We will wait to see what happens down there in waco, texas. Dana. Dana thank you, casey. Michael cohen the president s former attorney learns his faith tomorrow. Will his sentencing provide more clues on the mueller investigation. And the russian Woman Working to develop relationships with american politicians. Follow us on social media or twitter. Plus the dead line today for the national or the former National Security adviser, Michael Flynn. His lawyers are set to respond to the special council sentencing memo. Wtop of the hour shepherd smith reporting. See you then. Dana endorsing a new election in the hotly contested ninth district. State officials have refused to certify the results of the november race between mark harris and dan mccready. Todays statement references separate allegations. Lots of court action coming linked to the mueller investigation. Hours from now lawyers for Paul Manifort will face questions. Also lawyers for Michael Flynn are filing their sentencing document. Tomorrow is sentencing day for the president s former perm attorney, michael cohen. We have our fox judicial analysis. Does this mean this is wrapping up . This is gravely seriously. I only laugh because its so much coming at one. There is a phase wrapping up. I dont believe the mull i remember investigation is wrapping up. He keeps getting new evidence. He has about 16 or 18 russians he has to try. Will he try them in absentia. And three, the federal prosecutors in new york alleged in the cohen filing they have evidence that the president paid cohen to commit a crime which is itself a felony. They cant leave that dangling they have to do something. Dana byron york about this today in the washington examiner. He wrote this i think he is largely correct. The democrats will use it i encourage patience. I know how difficult it is when evidence comes in to prosecutors. It does the always come in, in a logical sequence. Here is a question for the first year law students. Dana go for it. The fbi gets a search warrant looking for canceled checks in a shoe box in a basement n a closet. They go into the closet and find a severed head. What do they do pretend they havent seen it . Ofpbg not they have to investigate. Mull you are finds mormueller kn he expected to look for. Sometimes he sends it to new york. Sometimes he sends it to his colleagues in washington pugh c like maria buten butina. Sometimes he keeps it for him self. He cant ethically pretend its not there. Dana will this be a rebuttal for the government for flynn . No they asked for no jail time. The flynn sentencing memo should say, thank you government this is over with. You know how rare it is when someone pleads guilty to a felony the government says zero jail time. That means that mike flynn gave them a lot. He should be dana he wont write about that. No he wants to write as little as possible and he wants to say as little as possible. Dana cohen gets sentenced tomorrow. Why is manifort being sentenced in march . The government thought manifort was helping more than he did. This is the problem. They say he lied. If his lawyers admit he lied they will indict him for purgely. If his lawyers deny he lied the federal judge cant sentence him until she determined if he lied. To make that determination she has to have a mini trial. That gives a window into muellers thinking. We find out what they asked manifort what they claim he lied about. Dana and maria butina she arranged nra leaders to go to moscow to meet different people. I dont know what to make about that. This is another example of a treasure trove of evidence that mueller didnt expect. This is not his office prosecuting her this. Is the regular u. S. Attorney in washington pugh c. She agreed to cooperate with muellers office. Dana is that why Trump Supporters are upset with this growing arms and legs. Yes, shes a bona fide russian in fell against agent in National Security. Dana putin cant be happy about. That. No, im sure his name will pop up. Dana i bet it will. Thank you for the legal lesson today. President trump wants more money in the Defense Budget. Will he get it . We are live at the pentagon to break down the numbers. The hop day spirit is alive and well. How one man travels the country helping the homeless. Good news ahead. I wanted to give you 150 cash so you can get what you need to get. You know i wish you the best. Thank you, sir. This is an angel that came down to bless me. Dana fox news alert. One person is dead in a shooting near a Christmas Market in france. Officials in strasburg saying three other people were injured in the shooting. No word yet on a motive for the attack. Now a look at some other stories you should know about. First up, a white South Carolina woman pleading guilty to assaulting a black teen. The 38yearold admitting striking the 15yearold at a pool. Reports indicate she used racial slurs. Time magazine announcing their person of the year. One person included, jamal khaishoggi. Third, defense secretary mattis, mike pompeo and gina haspel will brief a Bipartisan Group of house leaders on the khaishoggi murder. President trump submitting his Defense Budget to congress. Trump asking for an additional 34 billion, a revised budget request coming as a surprise to dod. Jennifer griffin has more. Dana, just last week the president said his top line was 700 billion for the 2020 Defense Budget. Now he says he wants 750 billion. This turn around after he had lunch with jim mattis last week. Weeks earlier, the president has demanded a 5 cut from all government agencies. Most political insiders see the 750 billion figure as a negotiating strategy over border wall funding. The president treated people dont realize how much of the wall has been built. If the democrats dont give us the votes, the military will build the remaining sections of the wall. They know how important it is. A key achievement of this administration has been to rebuild the military after years of budget cuts and caps, this years Defense Budget is 716 billion. The chairman of the House Armed Services Committee Says that number is too high and to prepare for cuts. Dana and the u. S. Military has ended the search for five missing marines off the coast of japan . Thats correct. It appears the hornet came in too fast and collided with the tanker. The pilot would have been wearing night vision goggles. The crook took place 200 miles off the coast of japan. Shinzo abe sent his condolences to President Trump. The pilot from the f18 was able to eject. One died later open. All five aboard the refuelling plane have been declared dead. The names should be released tonight, dana. Dana thanks, jennifer. Do you remember the man that mowed lawns in need for those in every state . Rodney smith jr. Is travelling to all states to happened out Christmas Gifts for the homeless. Watch. Heres a two nights stay at the holiday inn here. Oh, my god i dont know what to say. Dana the good news is, you can help rodney. Check out our twitter page at daily briefing. Melania trump is having a toys for tots drive held by the marine corps today. She will help sort toys and make christmas cards, which is an amazing event every year. I know the kids got a kick out of having her there. At 5 00, well have more on the oscars and who should host it. All the gang will be there and i have one more thing you dont want to miss. Thanks for joining us. Well be back tomorrow. Lots of news. Ill see you tomorrow. Im dana perino. Heres shep. Shepard showdown at 1600. Its noon on the west coast. 3 00 at the white house where President Trump and the Top Democrats and Congress Went at it arguing about the border wall, a government shut down and the midterm elections. Excuse me. Did we win the senate . Who won the senate . When the president bags that he won north dakota and indiana, hes in trouble. Theres more. The president saying that he would be proud to shut down the government over Border Security. And

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