authorities are treating this as a likely terrorist event. i want to have bring in to the discussion the information that you have just mentioned which goes to the idea that there was a level of coordination and likely a cell that was involved in this attack. we have the initial event, which was the plowing down of pedestrians, tourists, families on las rambla, which is pedestrianized. it does allow for some vehicle traffic. now a follow-on event in a nearby street with the police, individuals apparently armed. now, as you have been reporting for the last 90 minutes, shepard, they have also shut down the subway systems. based on my experience, covering this area for more than a decade, they shut down commuter systems when they believe they have an ongoing operation. so they are trying to prevent follow-on attacks and they are trying to limit movement in their effort to identify suspects: on the rental vehicles. renting a van tells you that they wanted to maximize casualties, whatever their motivation was in this particular attack. you noted that an individual has been identified who rented one of the vans. and then we have a second van, which is 40 miles out of the city. there are two scenarios that would be considered here, based on my experience. one is that it was a get away vehicle. but perhaps one of the more likely scenarios is that there had been a plan to have at least two vehicular attacks in barcelona today but for some reason that was abandoned. we have an ongoing situation. the driver of the van that plowed down the pedestrians is holed up there and reportedly armed, now from a u.s. government perspective, i can tell you in the last two hours, you ve seen all of the relevant agencies in this country gear up and get entirely focused on barcelona. homeland security, the acting secretary there elaine duke has been briefed and is monitoring the situation. the fbi is willing to offer help and engage. though for the time being this is seen as an ongoing situation that s unfolding. but they will assist and provide assets if necessary. the national counter terrorism center or nctc which is the group responsible for gathering information and monitoring information. they are very engaged. until recently the homeland secretary john kelly now chief of staff has been keeping the president up to date. so all of the key agencies, all of the players are fully engaged. now, just as a final point, we don t know who was responsible or what group may have been responsible or their motivation. but what we do know is that isis social media accounts have been celebrating the attack in barcelona. now i want to emphasize this is not considered a claim of responsibility and these are not what are described as leadership accounts for the terror group. they are called fan boy accounts. they kind of jump in when there is violence around the world. but they are very much engaged. one of my contacts who does social media collection for government agencies has told me that there was an isis affiliated telegram posting in early july, specifically about bars lopena. and i mention this because social media postings from isis accounts about spain are very rare. very infrequent. and for that reason that was passed along to law enforcement in this country. if we learn that has a greater significance than a most on social media, we will certainly bring this to you. what we are seeing unfold right now is something that seems to have many parts, a degree of coordination, and it speaks to the likelihood that this was a small cell that coordinated this mission, shep. potentially for more suspects and they have one suspect holed up inside a turkish restaurant. this car rammed into. fired at police. we re told escaping on foot whether they were able to track those people down to what degree they were connected to the initial attack. all of those things are left for speculation, so you go ahead if you want. but the police haven t said these two things are related in any way. but, we don t really have to wait for police on that particular matter. new information from john glenn and a new photo from the intersection of the car that hit police. we have on bat 3. that is the vehicle that hit the white ford focus that i described just a short time ago. this is the vehicle that hit the police. our understanding of things and we only have just a couple of lines from the state television there. but this vehicle came and rammed into police. the people got out of the car. and then began firing at the officers there on scene. incredible that all of this is going down in this tightly packed tourist area. the busiest month of the year. people from all over europe vacationing in barcelona and across the region. and now this really horrendous attack. getting an update from the westminster studios of sky news now. let s listen. attack we are seeing has been arrested by the police. but in addition to that, we have been reporting reports from local media about the possibility of armed individuals making their way into a restaurant or a bar. the police have said in reaction to those reports that there is no one held up in a bar in boston. it may well be the case that we re actually at the end point of this terrorist attack given that one individual is in custody. shepard: in fact, we have just gotten this tweet from police translated into english. there is no one interspersed in any bar in the center of barcelona. we arrested a man and treated him as a terrorist and then attack #barcelona and #ramblas. this has just come from the authorities there. so, as i was mentioning to you earlierer, it was widely being reported standoff ands who tanks and all the rest. we believe now that the confusion on that and i said at the time, first reports are often inaccurate. sure enough. the confusion was that these people had barricaded themselves inside a restaurant fearing that there might be a gunman out there somewhere. word was transmitted through social media and otherwise to local media, local media were attempting to get to the scene to find out for themselves but the whole area was cordoned off, which is why i said earlier it seems very strange that we re not getting more information on. this well, now, the police have come forward to say what everyone thought was a standoff was actually people holed up inside a building trying to protect themselves. not as if they were under attack in any way. so the driver of the van that was at the end of las rambla, the driver of that van is now in custody and being treated as a terrorist. the second van is a ways away and 40 miles away. as you heard from the reporting of sky news, getting this just as we were, it appears now, we can hope, that this thing is winding to a close. still left unknown is how this attack on police is related specifically to this incident. of that we cannot be certainty moment because authorities i will show you the ford focus again. it was up on bat 3. the ford focus that rammed into police. this is the scene. we know it happened. we know that according to the police who were there, they got out and started firing on them. and then escaped on foot. one could presume that they are now trying to find that person. we have just gotten new information about the suspect in this case. the man who has been arrested or at least the one who has been identified as the suspect by the authorities has apparently posted some matters on facebook. remember i told you that the person who rented the van, which crashed there in to the people on las rambla is a guy named chri named dris ouk. our understanding set one arrested as a suspect. we knew he rented the van. it s our understanding now he is the one that has been arrested as a suspect. and he, according to some media reports, he had a lot to say on facebook. he is being widely reported on across spanish media at this moment and i m going to wait until we hear from authorities specifically on this because this happened two days after jerusalem old city. response to that he was recently railing over the israeli occupation of palestinian lands and has now carried out this attack in spain. so, authorities will let us know soon enough. but it sounds like they are getting to the bottom of who this arrested suspect is. no doubt they are attempting to interview him at the very least. and sky news with some further reporting on this. let s listen. never going to be a shortage of police officers in the vicinity. how they manage the situation zeal to look at in the future, i m sure. pretty much is very difficult was the vehicle is in motion to bring that vehicle to a halt. i imagine that this attack probably only lasted for a couple of minutes in total. so, we mustn t get into the realms of how they done well or haven t they done well. sure. we will find out when whether we find out this person been arrested. what his history is and whether i should have been stopped before that. there was clearly a priority for the american services to establish a cordon. not simply a 50-meter cordon around the vehicle itself but a fairly substantial cordon in the heart of, you know, one of europe s busiest most metropolitan cities. what is the thinking, the strategy behind that? so what you are trying to do is create and island site which can you control. shepard: they are working to do that even now after this most recent attack on police as reported by state television in the last 20 to 30 minutes. our coverage will continue now and throughout the afternoon on fox news channel, on satellite and cable. for those of you watching on one of our local fox stations on on my network television. we thank you for your time. we will return to you your regular programming. i m shepard smith fox news, new york. and continuing on fox news channel now with the latest on the let s turn to joseph wilson who is a reporter for the associated press who is in barcelona. joseph, do you have anything on this police on adiagonal there. no. there is nothing official on that. shepard: well, the only thing i m saying is that the state television, public television in barcelona is reporting it. and they have a picture of this vehicle. i guess there is just nothing official from police yet. what can you tell us about the initial attack on las ramblas? what we know is that there was a white van that it started to pick up speed and swerve down the middle of the podest pedestrian street. which at this time in august is if you feel tourists. it seems to have hit several preds. pedestrians. one dead and 32 wounded. the police chief said that that would probably death count would probably go up and the local media report reports shepard: sounds like we have lost the phone connection. are you still there? yeah, phone connections have been spotty throughout the day. we lost the reporter for the moment. we know a suspect is in custody. shorts have confirmed that to us. we know the name of the person who rented the van. the renter of the van, we have confirmed is dris oukabi. and now local media in spain are reporting that it s dris oukabi the renter of the van who was arrested for driving the van, swerving and picking up speed along that boulevard. but authorities have not confirmed that to us. but it s certainly being widely reported all across spain and europe 312 injured and 10 of them very seriously. that translates to critical in a u.s. english parlance sky news is updating on this. let s listen. unfortunately almost get worse. however bad this is. it could have been so much worse if the vehicle was contained. it s as simple as that and we have to bear in mind that this is a evolving threat. one that we have to give our police officers protection. still, one imagines that in barcelona there will be as there has been in the aftermath of the london bridge attack. a reappraisal of what measures can be put in place to try and guard against incidents of this type. what we did in 2005,. shepard: get a little bit more information. joseph, we dropped off from your connection when you started talking about the injury total there. yeah, the official count is that there is one person died and 32 have been wounded. although local media reports say that there could be up to 13 dead. and also the regional police chief said unfortunately due to the number of seriously injured that the number of deaths could go up. shepard: what do you know if anything about the renter of this van who has been identified as dris oukabi? at the moment everything is based on local media reports. there has been nothing official. nothing has been confirmed as of yet. the only thing that is official is that the catalan police arrested one man. a man held up in a bar surrounded by police. right off the ramblas. there is nobody in that bar. so it seems that the man had sounds if the police arrested him. shepard: sounds as if there are others. police are confirmed a van 40 miles away set to have been use used in this plot. whatever that means. they have gone through that van and there are no explosives there. do you know anything about that connection? it appears. it s still very fluid and very confusing at the moment. at least they suspect that there were other people involved in the attack and, yes, there are reports that there is a second van that has been found. also, the center of the barcelona has been cordoned off in large areas and also it seems that in there where they found the van and the city nearby city as well. that they have blocked off the area to investigate. shepard: joseph wilson reporter for associated press with us from barcelona. we will get back to him as news develops. we certainly appreciate it, joseph. we turn to trace gallagher now who is getting new information from the scene. trace? and just to pick up, shep, on what catherine herridge was talking about and that reporter in barcelona as well. the rented van seems to follow a pattern. because the london attack back in june we did extensive research on isis and their connection to these attacks. if you go on their social media website you will notice isis is saying to their followers all over the world to use vehicles to attack but they are specifically saying that these things should be rented or stolen. that seems to be the pattern they are following. but it s not just attacking with vehicles. they are also giving instructions on the knives to use once you get out of the vehicle. did you go over as many people as you possibly can and you get out with a knife or a gun and you try to kill more people. if you go back to the london terror attack, it was the same m.o. 1245 happened today in barcelona. the van runs over as many people as possible and the suspect or suspects get out. they go to the nearby bars or restaurants and they try to attack people there. that seems to be kind of what we are seeing here. the terror experts we talked to about then, shep, says there is no coincidence to the fact that this happened in las ramblas which is a very heavily populated tourist destination or happened at the london bridge or westminster bridge or christmas market in berlin last year. these are all packed with tourists. so this method oriented attack isn t just focused on spaniards or the brits. this is focused on the entire world. the hope is with a lot of tourists that. so casualties might be have various spots around the world. we saw that in the paris attacks, again, a couple of years ago so as you look at these various attacks and you read these social media sites involving isis. you kind of get the feeling that these are, you know, these are inspired and these are promoted in a certain category and all of them, at least that we have gone back the past six or seven have kind of followed a very similar m.o. across the board. shep? shepard: trace, have you gotten anything on this attack on police? this white ford focus that authorities say rammed into a police car and then began firing, the occupant? we have got nothing except what have you reported. we have looked on twitter and looked on breaking news sites and no specifics at all on that. only what have you reported on this so far. and it s unclear if there was an attack on police one. and two, was it in any way connected to this attack that happened on las rambla. of course, the translation las rambla is the avenue and las ramblas the avenues in barcelona. there is no no bearing attack las ramblas. we have no brand new information except what you have reported, shep. shepard: new information coming in from local authorities. calalanian government sent out official report, 13 people are now confirmed dead and 50 reported injured. the number in hospitals is said to have been around 50 about an hour ago. as one local hospital that is very nearby had reported exactly that number. and now the catalonian government 50 wounded and 13 killed. first video from the scene that came out, it s just hard to imagine walking upon a scene of this nature. remember, the report is that the van driver came on to this pedestrian area. you have been to european cities where there are thousands and thousands of pedestrians standing around. and here comes this little car through there. it s just kind of how they roll. so you can get cars in these largely pedestrianized streets. open up for the cars to come by at a very slow pace. our understanding this van got up there starting out very slow and then just hit the gas and went down this pedestrian way for about a third of a mile before coming to a stop at an intersection and then the driver of that vehicle getting out. r. initially the driver kind of got lost in the crowds of tourists there, according to the reporting. and then there was this widespread report across all sorts of media, including from some police on scene, widespread reporting that the suspect was holed up in this restaurant/bar type place. it turned out that wasn t the case. he was arrested not far away from there. we know who the renter of the vehicle is. and we know that they have arrested a suspect, but we don t have a way to know yet whether that s the same person. a lot of some news organizations are making a connection there. we know who rented the van. but we don t know who was driving the van on that street. that hasn t been confirmed to us. we have not seen a picture of the driver. we can t put the two together yet until authorities go there because that s just not how it works. tara maller is with us again. senior policy advisor. former cia analyst. tara, i don t know the connection between the ramming of this police vehicle and the shots fired there. and this initial scene. but if they are connected as one might suspect, then this is wider than first realized. sure. it seems like there is a very good chance they re connected. but it could also be, perhaps, a copycat situation. we just saw a things happen in a short perst. it suggestions there is connection. i think we have to wait and see. they will be looking at that individual who rented the van rather closely. you pointed out correctly we don t know if that was the driver. could be the case it was rented under another name, for example. it could be the case another person rented intentionally perhaps the driver of the van or somebody else on the attack on somebodiens radar. rented it through somebody else. we don t know that yet. all of them are parts of the puzzle and looked and investigated into by authorities. as i said earlier, usually within the next 24 to 48 hours we have a lot more complete picture of what actually happened mere. who these people are and where they live. i m sure authorities are going to be looking at their cell phones and laptops, anything thatting can obtained from their places of residence. key to this is apprehending all the individuals that were involved and making sure that they are not part of a large are cell. we know larger cells have been a problem in europe. you know, a lot of focus has been on places, for example, like brussels just because of foreign fighter flows. but barcelona has also potentially homegrown terrorism there as well. so authorities really need to rule out that this is not part of a larger more orchestrated plot themselves. shepard: i m sure they are working on that as we speak. continuing coverage of the terror attack in barcelona. that s why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing. .what you love. ensure. always be you. with the new sleep number 360 smart bed. it senses and automatically adjusts on both sides. the new 360 smart bed is part of our biggest sale of the year where all beds are on sale. and right now save 50% on the labor day limited edition bed. depression is a tangle of multiple symptoms. that s why there s trintellix, a prescription medication for depression. trintellix may help you take a step forward in improving your depression. tell your healthcare professional right away if your depression worsens, or you have unusual changes in mood, behavior or thoughts of suicide. antidepressants can increase these in children, teens and young adults. do not take with maois. tell your healthcare professional about your medications, including migraine, psychiatric and depression medications, to avoid a potentially life-threatening condition. increased risk of bleeding or bruising may occur, especially if taken with nsaid pain relievers, aspirin or blood thinners. manic episodes or vision problems may occur in some people. may cause low sodium levels. the most common side effects were nausea, constipation and vomiting. trintellix had no significant impact on weight in clinical trials. ask your healthcare professional about trintellix. that man has died. and police are calling that man a terrorist. so that would mean one suspect arrested, another suspect. they are calling him a terrorist in a shootout with police who has died. now, was that person the one who drove the white ford focus into the police check point? we don t know. we have these as two separate reports without context. we re waiting for local authorities to give us to bring us some context. and we re confident that at some point they will do that. this is not that point. so, we re left with a series of bits of information confirmed for you. tv 3, state television for the region of cat leona in spain where barcelona is, tv 3 reporting that a man has died in a shootout with police. some three hours after the initial incident on las ramblas. we know that about a half hour ago, maybe a little longer a white ford focus ran into police check point on a diagonal street there. that whoever was in that vehicle got out of the vehicle, began firing at police. then escaped on foot. we know that there was a manhunt for that person or those persons. now, separately, maybe, there has been a shootout and during that shootout, a person being described by authorities as a terrorist has died. let s listen in first of all, let s go to rich edson at the state department. secretary tillerson spoke on this matter, recidivism. hmatter, rich. he did, shep. u.s. consulate in barcelona issued an emergency message to inform u.s. citizens of the attack. u.s. citizens should have security awareness, monitor media and local information sources. the u.s. stands in solidarity with spain according to this. and crimes like this cowardly attack only reinforce our shared resolve to stop these senseless attacks that target the innocent. this comes just a short while after the secretary of state, after a meeting with his japanese counter parts here at the state department led off his remarks talking about this attack. he said it has the hallmarks, it appears, of a terrorist attack. that the embassy is assisting americans and others there. and that terrorists around the world should know that the united states and its allies have the resolve to bring you to justice. just to dial back a little bit here on may 1st, the state department updated its european travel warning ahead of the busy european travel season. a lot of americans go to europe and travel and the state department just wanted to warn that attacks like these have been becoming more common please and extremists focused on, transportation hubs, markets, parks and soft targets. they use objects like knives and vehicles as ramming objects. so that warning from the state department months ago ahead of the busy holiday travel season in europe over the summer as the secretary of state and now the state department all speaking on this warning americans to stay vigilant over there. shep? shepard: thanks very much. rich edson reporting from the state department this afternoon. sky news with some new video. let much listen. as you can see some, understandably enough wishing to get as far away from the scene of the attack as possible. we do have some other pictures. and, again, a warning, these aren t graphic images showing the immediate aftermath of the attack. we see many more seriously injured individuals. perhaps even worse. everyone is surrounded by passers by. not emergency personnel but just ordinary people stopping to help. others standing dazed and confused. and you can understand why. joining us in the studio now, chris phillips the former head of the national counter terrorism security office. chris, thanks for staying around. i know that you have to leave shortly. i just want to get your thoughts as we appear to be in the end moments of at least the active police operation on the ground. your thoughts about the way in which this has been handled? i know this is far too early to pass judgment whether it has worked or not. clearly there was a plan in place and the plan has been followed by the police. yes. absolutely. let s not forget spanish police are used to dealing with terrorism. that s a good start. there is very little that you can do when a vehicle pavement and runs people over. what you are judged on then, i think, is your ability to stop the vehicle, to arrest the suspects and to bring it all to a halt. that, they appear, to have done. that s great. we also must not jump to any conclusions here that we are hearing that they have been arrested and one has been shot. actually, this still could be ongoing. the fact that two vehicles were rented by the same person at the same time is interesting. and, of course, the police will be wanting to follow up that case. and as to whether there is other people that may be involved in a group or whether this is indeed one person acting or two people acting together. is it not a reality of the 21st century that if you are in a major city center, on a busy, you know, normal busy day, that one has to start giving some thought to the prospect that something like this might happen? yeah. and i think there is no there is no secret that this is going to be this has been hang. it s going to happen in the future. people should be aware and be looking at how they can protect themselves. but, it s also interesting, again, that this is another iconic site. this is really everyone that goes to barcelona will go to this venue there is a meaning behind that that means it involves everyone from all sorts of different nations. they will probably be injured and dead from lots of different nations. that will mean the press coverage of this will increase across the world. and that is exactly what the tastes want. and it s very difficult for us to try to stop that because actually what he they re doing is succeeding at the moment. we will face this for a few years to come. again. many people assume this is a relatively recent phenomenon, that this is a new tactic. we are just seeing it increase in frequency. as we will actually you can go all the way back to the mumbai hotel attack and find a similar set of circumstances. this is not a new tactic but it clearly is one being used with greater frequency. it is. isis and al baghdadi came up with this to tell his people to go and do this. so, that s, i think, is where the acceleration has come from. that s where this has suddenly happened more and more. of course, it s a really simple thing to do. kinetic attack with minimal planning and in fact we don t know yet, but the terrorist could say have made this decision to do this just seconds before he mounted the pavement. that s almost impossible for the police to stop. chris phillips, we appreciate you staying with us for as long as you possibly okay let s bring in james brown, director of geopolitical specialist in political and security risk. james, just your first thoughts on what we have seen develop this afternoon on the sophistication or otherwise of this latest terrorist attack in western europe. well, i think my first reaction was probably pretty similar to a lot of other people s. this isn t a great surprise. we have seen a series of attacks in western european major cities over the last couple of years. particularly vehicle attacks. not surprising at all. we saw the nice attack, berlin attack and also the london bridge attack most recently. one the striking things is that two decades jihaddists have been looking for ways for ordinary, unskilled sympathizers to conduct very impactful attacks with a minimum of training. and what we see now is they found actually the combination that allows them to do that. these vehicle attacks are extremely difficult to stop. it is that move from the skilled, you know, jihad camp trained individual to someone who merely just agrees with an ideology. of course, we don t know the nationality. we do not know the background of the attackers involved in this particular incident. but, chris phillips was saying a moment ago has been effective in the sense that people have died and people are talking about it. yes. exactly. and the challenged for the security forces throughout west europe and in america as well is going to be the shear success of this attack will lead to further attacks. jihaddists will be watching this footage the same we are thinking this is a very successful attack. easily carried out and can t be stopped. there must be more of them. just in terms of the way in which the police and one presumes in the margins other security services, other spanish security services have operated, what do you make of the protest prots they have clearly had in place and deployed. all the major police and security forces are ready for attacks like this. what we saw very quickly are armed police response units deployed on the streets and so on. very capable, very rapid. at the end of the day, by the time they are on the streets, a lot of time the attack has already taken place. again, as we look here, it does feel, we have yet to have any confirmation from catalan police. it does feel we may have reached the end point of this particular terrorist incident. but as with the attack that took place in london bridge and market, one imagines that those responsible for governance in the city of barcelona will be looking again at their preparedness and what. shepard: as they talk about preparedness and certainly cities around the world are having to come to terms with that, we have gotten new information on this man who died in a shootout with police. remember we have the picture of the ford focus, which rammed into a police check point about an hour and a half after the initial incident. and this is that ford focus. police reported that the driver of that focus got out. it actually said the passengers got out and began firing at the police. turns out there was but one driver of that car. the driver got away. then ended up, when police found that driver, on foot, they ended up in a shootout. the driver of that vehicle died that person is believed to be in some way attached to the original incident, where the van came plowing down las ramblas. killing 13 and injuring 50. how they are connected, we don t know. we don t have anything official on a connection from police. we are now led to believe that a news conference will be coming soon. we have translation on stand by and we will bring that to you live as fox news channel s coverage continues this afternoon. having moderate to severe plaque psoriasis is not always easy. it s a long-distance run. and you have the determination to keep going. humira has a proven track record of being prescribed for nearly 10 years. humira works inside the body to target and help block a specific source of inflammation that contributes to symptoms. in clinical trials, most adults taking humira were clear or almost clear and many saw 75% and even 90% clearance in just four months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal, infections and cancers, including lymphoma have happened as have blood, liver, and nervous system problems, serious 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caught. there was no more radical islamic terror for 35 years. well, that s what the president has tweeted which, you know. helpful? i don t know. u.s. general john j.pershing did not effectively discourage muslims in the philippines by burr killing them and burying their body with pigs. they let the man go and next 42 years there was not single muslim extremist attack anywhere in the world. of course the problem with this is it isn t true. so the president has said watch what general pershing did to try to discourage muslim terrorists. and the premise on which he is speaking is false. by snopes but there is the president input for today. bring in former commander of the fbi hostage rescue team. they have a suspect in custody. one suspect is dead. they have one in custody, believed to be the driver of that van. i would guess you can get a lot of information out of him now. absolutely. you know, this is a terrible event, shepard, as you know. and very difficult to prevent. an active shooter or an active killer situation cannot be prevented unless you have actual intelligence and by arresting this man. interrogating him. knowing he faces severe consequences over there. he might very well cooperate with the authorities giving them enough information that they can go out and round up more of these guys before they do the same thing. shepard: that or if you believe the reports out of media over in europe, an actually some of in united states now, his facebook suggested that he was mad about other matters. he was concerned about the jews in palestinian territories and the like. i don t know why. i don t know anymore than that. you know. who the hell knows with these people anymore. you can only protect yourself so far. what they want to do is change our way of life. they would like it so that everything is locked down and we can t live the way we want to live and, you know, already out of barcelona. already out of barcelona we are hearing we re not going to change our way of life. they will be back at it again tomorrow. quick commercial break. coverage tips after this. continues afterd this. roven to, moisturize, and freshen breath. try biotène®. try biotène®. i know when i hand them the it s gonna be scary.car but i also know that we re gonna have usaa insurance for both my boys. it s something that they re not even gonna have to think of. it s just gonna be in the family. we re the tenneys and we re usaa members for life. this is lloyd. to prove to you that the better choice for him is aleve. he s agreed to give it up. ok, but i have 30 acres to cover by sundown. we ll be with him all day as he goes back to taking tylenol. yeah, i was ok, but after lunch my knee started hurting again so. more pills. yep. another pill stop. can i get my aleve back yet? for my pain. i want my aleve. get all day minor arthritis pain relief with an easy open cap. 25 miles i should say 25-kilometers. 17 or 18 miles north of barcelona. rented this white van. apparently rented it yesterday. and he is the one, according to police, who drove the vehicle down the crowded tourist street, las ramblas and killed 13 people and 50 others. he is certainly innocent until proven guilty but he is the suspect in doing so from police. now, he had a facebook page up, not long ago. in fact, in the mid part mid to late part of july. i think it was july the 21st, he was railing against israeli occupation of palestine as he put it. and concerned for arab children and upset with israeli occupation. that was on his facebook page. it has since been taken down. his facebook page is not accessible now. they have taken it down since he was i implicated in this matter. the attack that happened three and a half hours ago, he is one of two suspects. this suspect was arrested by police after he got out of the van at the end of las ramblas, after this one third mile trip running over all these pedestrians on the street there. he got away. then police captured him. and he is the suspect. dris oukabi. we expect to get more from authorities on him shortly. first, let s get to trace gallagher with more details for us. trace. i want to update you, shep, on a story we brought you earlier about the american u.s. men s college basketball teams over in barcelona during this terror attack. we have now checked in and all of those teams, we re talking about the university of oregon, university of arizona, clemson and tulane. we have now gotten reports from all of those teams that their players and associates and coaches, everybody who was traveling with those teams is safe. this was important because they were all staying in hotels very near las ramblas. and their tournament was being played in that vicinity and there was actually a video sent out earlier this morning around the time of the attack. we can t verify that showing some the university oregon players actually visiting different tourist destinations. there was concern about the safety of these americans. now we know they have all checked in. no injuries, no problems with any of those teams. we have also noted that clemson s basketball game tonight has been cancelled. that team will come home tomorrow. other teams apparently will stay there for the next several days. so good news on that front in a horrific day in barcelona. clearly, this was targeted at more than just the spaniards. they knew this was a tourist destination as we were told earlier on sky news. the m.o. here is to go after and kill as many people from as many different places as possible. so the news media from all over the world has a sincere and avid interest in covering. this basketball players, men s basketball players from the u.s. all safe and accounted for. shep? shepard: that s good news indeed. trace gallagher. thank you very much. i have been reading up on this suspect for you. if you choose to you can search this man s name on twitter, and you will find a lot of interesting information out there. some that s verified and some that isn t. but this matter of his facebook page, we can vouch for that. the facebook page has been taken down and he is very upset about israeli occupation of palestinian lands. and that was part of it. clearly of arab dissent. i don t know where he has been living. but we re expecting a news conference from police shortly. we know that he is the one who rented the van. rented it yesterday and then is accused of driving that van through these crowds in barcelona over the last three and a half hours or so. he is from morocco. he lived in spain. and we believe he is well, we believe he is 27. but we know he is in his late 20 s. dris oak oukabir. that s his name. and he is under arrest. we we told you earlier that one person was killed in a shootout with police. and we know that that s the person who ran up on a police check point and began firing on police, according to those authorities afterwards. that person eventually died in the shootout with police. we really don t know his exact ties to the main incident, to the van plowing through all the people. we don t know if has any connection to dris oukabi the suspect in this cases. we don t know yet. the scene on the crash at the diagonal at the police check point happened there weren t media around there at the time except for the photographer. you saw the picture of the white ford focus on scene there. we showed it to you earlier. just that one picture. that s the white ford focus and previous was the suspect now, the one who police say is alive and brought into custody dris oukabi who is a man in his late 20 s from morocco had been living in spain and he is in spain and in custody and apparently speaking with authorities though we don t know the degree to which he is cooperating of the spanish civil guard as they called it first confirmed this is the man who rented the vehicle. there was no way to confirm he is the one who carried out this attack but they began circulating his picture, it s our understanding to authorities there on scene. they were looking for this particular man and then authorities on scene in barcelona found him.
they did not defund planned parenthood. they definitely don t want to build a border wall. but now almost ten months into the republican congress, top republicans on capitol hill have finally found an issue they can really rally around. preserving president obama s immigration policy. the trump administration has announced that next tuesday will decide the fate of daca, the obama era program which apparently illegally gives work permits to illegal immigrants who arrived in the country as children. killing that program would fulfill one of the term campaigns promise. it would also fit with the republican party s stated position against amnesty and in favor of enforcing the law rather than granting politicized immunity. scrambling to preserve daca. this morning in a radio interview, speaker paul ryan begged the president to keep the program in place until congress can pass a bill granting amnesty to the illegal immigrants daca covers. i actually don t think you should do that. i believe that this is something congress has to fix. tucker: speaker ryan is not alone in that position. of colorado, he says he wants to force a vote on the so-called bridge act, a democratic crafted bill that would give sanction to the daca. lindsey graham is backing the same bill in the senate. of north carolina, crafting amnesty legislation he s calling conservative. a conservative alternative to daca. according to news accounts, it would give 2.5 million to illel immigrants a pathway to citizenship if they lack a serious criminal background. an avid supporter of letting low-wage workers into this country. don t count on his legislation doing anything to stem the future flow of illegal immigrants. beers supposedly this is supposedly the conservative position. the only thing it preserves is obama s immigration policy. he promised that he opposed amnesty, thom tillis. in the border had to be secure before any kind of immigration reform became law. it looks like he didn t mean any of that. we asked senator tillis to come on tonight. he declined. we bet if we asked him or any other pro-amnesty republican on the hill, what is wrong with enforcing immigration laws on the books? they tell you it s cruel to deport people who have lived here for a while. okay, fair point. it be easier to take if our elite showed a similar concern for hurting american citizens and there are many of those. like the 14 million on disability, one in six on antidepressants. more than 50,000 who died of drug overdoses just in the last year. almost as many as were killed during the entire decade of the vietnam war. you hear about those people occasionally in washington. you hear what those poor daca kids deal with a lot more. donald trump ran with almost no support from the republican establishment. in many cases, they actively denounced him. he won because his campaign promises had appeal. rather than take advantage of their good luck and whether they ought to try to help the president achieve those campaign promises, republicans have repeatedly showed their campaign pledges were lies and their chief interest is not protecting the dieting donor class that funds are campaigns. no wonder congress approval ratings are generally lower than those of the historically popular president. when a bunch of republicans are crushed in next fall s congressional election, they will try to blame the president. it might have been easier to listen to the president s voters. an illegal immigrant and despite that, a licensed attorney in the state of new york he joins us tonight. thank you for coming on. thank you for having me, tucker. tucker: every time we ve had a conversation about daca or the dreamers, a lot of of these people are worthy, decent, americans essentially i agree with all that. i think there are a lot of decent people caught up in this and i feel sorry but i also think there s a principle here that we should not ignore. i m wondering if we give amnesty to the people president obama gave amnesty to, who were brought here by their parents, when does that stop or do we owe citizenship to anyone under 18 who makes it into this country illegally? what are the parameters? no one s giving amnesty to anyone. amnesty means you are forgiving someone s pretty much whether it s a crime or offense. what the president did, that s amnesty. what we are seeing on immigration, it s giving us a pass to legal status. earning our opportunity to be in this country. that s a whole different aspect than amnesty. we are not asking any free time. we are not asking just give me free citizenship or a free green card. give me an opportunity to prove i am contributing to the country. let me give you the chance to become a real u.s. citizen. tucker: i m not contesting that a lot of these people are good people. and probably are serving the country in one way or another. it s amnesty and special treatment. if i m coming from any other country in the world, i have to go through a process. it can t be here while i go through this process. these people aren t having to do that. they are getting special treatment. let s not pretend and let s not lie about it. it is amnesty. if it wasn t, leave the country and reapply like everyone else. you are pointing out to something so insignificant. that s right, we should not have people waiting 20-30 years to come here. we should not have a process where people are risking their lives were people are losing their homes, everything just to come here. we should have an opportunity to reform our outdated immigration system. tucker: why? it s our country. we have a right to determine who comes here. you are not saying it s the fault of the united states that people are dying trying to get here. are you? we ve had immigration system that since the early days of the republic, we had italian, german immigrants who were literally jumping ship on ellis island and coming here illegally. what we did? we gave people an opportunity tucker: you re missing my question. you seem to be suggesting that the united states doesn t have a right to make people wait to get citizenship. you also seem to be suggesting that the united states is somehow morally responsible for people dying trying to get here. i just want to make absolutely certain that that s what you re saying. most people would find that ludicrous. no, what i m saying is let s have a system that is up-to-date with our economic demands, up-to-date with our social demands where we are having people coming in from different parts of the world where contribute into the country. tucker: there s no economic demand for low-wage immigration. one in four americans is not working right now. we don t need anymore low-wage workers in this country. though economists will tell you that we do. this is a political demand. president trump who has hired undocumented immigrants. unskilled or sometimes tucker: employers, including you re missing the point. i m trying to make mine. employers are totally in favor of low-wage immigration because it lowers their labor cost. other people are hurt by it. there is no economic imperative to do this but you re still dodging my core question, which is does anyone under 18 who gets to this country illegally have a right to the pathway you just described? is there anybody where we can say you are not here illegally, leave and reapply like everyone else. we know longer have the right to say that the people? we have a right for us to say for myself, for me to be contributing to the country i ll call home i went through the border absolutely. my parents came here crossing the border because they had no legal channel. we are here now. we are contributing. tucker: you are not answering my question. this is our home. tucker: if you know what? you are making an emotional i m trying to have an adult conversation and ask you real questions. you re giving me this this is our home. i m not attacking you personally. there are 320 million people in this country. it s a big country. they want to know, do they have a right to determine who comes here or not? you and a lot of other people on the left are in effect saying no, they don t. if you are not for it, if you are not for illegal immigration you re some kind of bigot. on what grounds are you saying that? don t americans have a right to determine who comes to their country, not your country, america s country. don t they have the right? we are are a nation of immigrants. people have come here illegally and illegally as well. we are going to need a system where our congress and president can come together. my message for your viewers is is not about being an immigrant tucker: you re giving me a nonsense answer. why can t someone looking to camera and say i don t believe in borders. i think they re racist. i m not saying i don t believe in borders. tucker: you are all saying that. our history has had we need to adapt to changing times. that s what we are doing now. tucker: okay. thank you for coming on. john daniel davidson is a senior correspondent at the federalist, which is excellent, by the way. if you don t read it, you ought to. this of the basic test for the republican congress. like a lot of americans, you are confused about what to think of daca. they are on the opposite side of an issue that the president ran on. one of many. at this point, do they have any in common, the president and congress? they seem to be on opposite pages with every single topic. the obamacare debate we had earlier in the year, this is another testament to the dysfunction of the republican congress. and the hypocrisy and political cowardice of g.o.p. leaders in the house and senate. they don t want to vote on this. they don t want to craft a bill that might codify daca into law. by the way, i think we would both agree that daca represents pretty decent policy. it s massively popular. there is a poll that came out earlier saying 80% of americans favor allowing these parents to stay and work and have a pathway for citizenship. it s reasonable but why doesn t congress vote on that? there s an answer it and it goes directly to what you were talking about. the people that congress actually works for, special interests and employers, the establishment, they don t want to vote on this. they don t want to pass immigration legislation. tucker: the average person, again, i m among them feel sorry for people who were brought here as kids. a lot feel like really nice people. an endless chain of sob stories. i m sympathetic. but no one mentioned the principal, under what circumstances are you allowed to come here and stay? is it okay to come here illegally and stay. if that s the rule, what does that mean for us? how will people be living in america 50 years from now? why doesn t anyone articulate clearly what the real rules about immigration ought to be? it s politically difficult. a nonsensical interview where speaker paul ryan said i think congress should be part of the solution. congress is the entire solution. tucker: exactly. that s why he doesn t want to have a vote on it. he doesn t want to vote on it before the 2018 2018 midterms. he doesn t want to be in favor of amnesty or vote that would go against the special interest personal loss that are in love with the status quo and have been for a decade. that s why we ve had this ridiculous conversation for decades and no congress will pass any bill about it. there s real policy solutions as well, down here in texas cross-border commerce and people going back and forth across the u.s.-mexico border, it s been going on for hundreds of years here. we used to have programs that allowed people to come into this country and work and go back to their homes in mexico. it s not unreasonable at the policy. tucker: it s impossible if you re going to basically hold out the fruits of the welfare state to people here illegally, as we do, why would they go back to mexico? they wouldn t. and they are not. tucker: i would like to hear a sane, honest, no b.s. conversation about borders. does the left believe in borders anymore? i do this every night. i don t think they do. frustrating. thank you for joining us. well, a terrible fire has broken out in a chemical plant in texas. we will give you an update on that and all other hurricane harvey related news. coming up. plus, google has become the most influential corporation in america. time for government to consider curtailing that company s power? stay tuned. i m vern, the orange money retirement rabbit, from voya. i m the money you save for retirement. who s he? he s green money, for spending today. makes it easy to tell you apart. that, and i am better looking. i heard that. when it s time to get organized for retirement, it s time to get voya. 40 million americans are waking up to a gillette shave. and at our factory in boston, 1,200 workers are starting their day building on over a hundred years of heritage, craftsmanship and innovation. today we re bringing you america s number one shave at lower prices every day. putting money back in the pockets of millions of americans. as one of those workers, i m proud to bring you gillette quality for less, because nobody can beat the men and women of gillette. gillette - the best a man can get. you know win control? 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done. i will be all right. this is our second time in nine years. my wife and i are both retired. we are leaving. we are calling it quits. we are out of here. higher ground. more than 30,000 houses have been severely damaged by the flooding. some of those houses are entirely underwater. it s tough for the people they can t get back, the water is simply too high to get there. they know they ve been hurt but they just don t know yet how badly. tucker, back to you. tucker: steve, i appreciate it. thank you. in a stunning twist, the company with the unofficial motto don t be evil is turning out to be very semester. of course, the motto should have been a tip-off. google fired an engineer simply for writing a reasoned and moderate critique of the company s diversity policies on what was supposed to be an open forum. even employees of other companies aren t safe, it turns out. a nonpartisan think tank, it s work involved promoting opening markets and combating monopolies. part of that work, he praised an antitrust levied against google in europe. it turned out to be one of the think tank funders. google founder eric schmidt expressed his displeasure and a short time later, lynn was fired. it s not hard to imagine a similar situation happening in almost any other organization here in washington. google funds hundreds of nonprofits and think tanks. on the right, they donate to the heritage foundation, the federalist society, americans for tax reform. on the left, the gift of the naacp, the clinton foundation, they donated to libertarians at cato and cato and ironically enough, they gave money to the american antitrust institute. which is hilarious. google spent more than $50 million last year lobbying. third among all corporate lobbyist. this year, they are on track to be number one. even when they don t have money, they have power. google has monopolistic power on web searches, online video and online advertising. the biggest player in email, all my browsers and operating systems. if you have an android phone, google is able to track everywhere you go. not that they would, because they are not evil, remember? they are a company with massive power. more than on the company in history has ever had. they can invade your privacy whenever they want to. maybe it s time to consider putting google and check. a fellow at open markets, he joins us tonight. matt, i was amazed to see how the different think tanks and nonprofits google funds in washington. it answered a question i ve had for years. but if no one ever criticizes the concentration of all this power? it really shows the system that americans are upset about, that it s rigged. this shadow-y d.c. it s funded by big business, monopolies. monopolies are a problem of politics. they are not a business, commerce, they are the control of americans through monopolistic and anticompetitive tactics. tucker: most people look at google and think boy, they provide a great service. their email is fantastic. it is. i use it. their search is the best. why should they be worried about google s power? google has seven products with more than a billion users. the products. youtube is great. gmail is great. a technological marvel. the problem is in the products they produce. the problem is the data gathering and anticompetitive tactics they use to acquire that power into steel revenue from every publisher, producer of revenues and in art and news in. that s a threat to democracy. the idea with traditional antitrust policy, which is designed to slow down the capture of monopoly and restore citizenship and to maintain looks good about these institutions but protect citizens from their overwhelming power. tucker: one of the most basic precepts in government is no government allows institutions to accrue enough power to challenge its authority. yet, our government has allowed google to accumulate this power and has said basically nothing. in a lot of ways, it was an intellectual takeover on the right and left in which we stopped understanding that corporations and banks were part of our political system. in the middle of the century, going back to the founding of the country, there is this understanding that commerce and business needed to be separated from government and that if commercial institutions became too powerful, they were in effect government like entities. you can look at google as a type of concentration of power that is political in nature. not just a commercial or business entity. the first financial crisis and now the growth of these dominant internet platforms that are manipulating americans has brought that tradition back. tucker: i want to tell our viewers, this is a list of all the nonprofits that receive money from google. if you are wondering why google never criticizes google, this might have something to do with it. i am conservatives has traditionally supported big businesses but liberals have been suspicious of corporate power. along comes google, a mass is way more power than rockefeller or carnegie and liberals in my neighborhood never say anything about it. why is that? it s an interesting question. conservative and liberal tradition of antimonopoly thinking there s a pro monopoly tradition on both the right and the left. that s the tradition that s been dominant on both parties. i was probably one of them ten years ago. google s model of don t do evil was the right thing. analyzing the world s information sounds neat. just like that. once you start to see these overwhelming organizations of all information, a lot of things start to change. tucker: it s terrifying. i appreciate you being one of the very people working on this. thank you for coming on. america has taken the cultural revolution quickly spreading beyond confederate monuments. it s now going towards christopher columbus. his legacy. joe piscopo twin to joins us n. your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered. in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember. we spent weeks canvassing the sthe quadranttense. to pinpoint our perfect location. once locked in on our target, we knew we had to move fast. fortunately, we were already pre-approved for a no money down loan with navy federal credit union, and were able to put an offer on this place immediately after it went on the market. i see you dad! how are my tomatoes doing, babe? ah, pretty good. navy federal credit union open to the armed forces, the dod, veterans, and their families. not necessarily after 3 toddlers with boundless energy. but lower back pain won t stop him from keeping up. because at a dr. scholl s kiosk he got a recommendation for our best custom fit orthotic to relieve his foot, knee, or lower back pain, from being on his feet. by reducing shock and stress on his body with every step. so look out world, dad s taking charge. dr. scholl s. born to move. the removal of columbus statue they are. joe piscopo is not taking the city down. the comedian and talk show host is rallying to protect columbus. joe, why are you doing this? i am such a proud italian-american. i think of my grandparents coming over here from italy. learning the laws, language of the united states of america. being proud americans. my parents and grand parents always said this is america, the greatest country on planet earth. learn it, live it, be proud to be an american. italian-americans tucker, they work so hard. they ve been prejudiced against and all we did was become doctors and lawyers and businesspeople and engineers and architects. we ve given so much to this country. i m telling you, that statue in columbus circle, it ain t coming down. we ain t coming down and neither is that statue. tucker: new york must be one of the only places in the country where anyone is defending a statue. look at where we are. look how great the american spirit is in houston, texas. if you have the time to tear down a statue, you have too much time on your hands. get to houston and help those poor people in texas. our brothers and sisters. our fellow citizens. look where we are. political correctness gone awry. we are flawed. it is columbus flawed? sure, we are all flawed. tucker, new jersey, i have a child at every exit. you ran off of the babysitter. yes, i did. have you seen her? guilty as charged. will i get a rest stop named after me at the new jersey turnpike. after all that? come on. tucker: [laughs] basically it s an attack on the fundamental legitimacy of america. they are making the argument that no one of european descent should be here in the first place. that s exactly right. when my grandparents came over here, i have to tell you, that statue in columbus circle was built in honor of the largest lynching the mass lynching in american history. do you know what it was? italian-americans in new orleans in 1891. a public official was killed. they rounded up all the talents. they said who killed that public official? forgive me, i am such a proud about italian american. it must have been the day goes. they lynched innocent italians. the next year, they build the columbus statue in columbus circle. in new york. to honor them. it was the blue-collar workers, the laborers from italy that came to become american citizens, quarters nickels and dimes and dollars. they raise the money. it was the 1800s version of a go fund me kind of thing. they went in there and tear it down? it takes away the iconic symbol of the italian-american community. i think of my grand parents working so hard, learning the language. we did not protest or put on masks and get violent. we don t hold placards up and say how bad you are. we don t call you racist. we just worked harder and harder, as italian-americans, to make this country great. so proud to be americans. we have to stop at the statue. now they re going to tread on the italian-american community? now you ve got a problem. tucker: i can t wait to see de blasio try this. if he does, we will send cameras. [laughs] he has a vowel at the end of his name. come on. tucker: he s the worst. joe piscopo. your valued defense of christopher columbus. well, the current statute destroying frenzy now a police department being sued for letting the situation spiral out of control. rapper sanchez turner says he was assaulted by whites of premises in charlottesville and police stood aside and watched. mario williams is a lawyer representing turner. he is bankrolling the lawsuit. mario, why are you taking this suit? what happened here is a travesty. we have a situation, i am talking about regardless of race or affiliation, where law enforcement officers stood by and watched people commit hate crimes and violent assaults on other people based on our information and our knowledge, researching these facts, the chief of police and other state law enforcement officials who were warned by the department of health services, warned by dhs who said look, you have a powder keg coming down the street. this is the most explosive situation we ve had in the few months about this clash between counter protesters and protesters not the protesters and protesters. we have a situation you have to control and they do not control it. it wasn t that they did not control it, the issue was they actually had a stand down order. they actually ordered law enforcement. tucker: you know that the mayor s office and governor s office ordered a stand down? the supreme court actually answer that question best. i might not have heard it but demonstrated the evidence has shown it. tucker: a lot of cops are normal guys. i don t think they would stand by unless they had to. you are right. police officers say every day that they will protect us. you can t think that a bunch of police officers got together and said we are going to watch about the protesters get their heads beaten in. we saw the charlottesville police stand-down. why was the order given? there s no way that many police officers with stand-down. it s located about 30 mins from charlottesville, our office. the if this can happen in charlottesville, it can happen anywhere. small town america. we better figure out what happens here, why the police allowed this to get out of control. department of homeland security said this is happening. they knew it was happening. the mayor of charlottesville stood up and said after donald trump selection, our city, charlottesville, will be the capital of the resistance. you stand up and say stuff like that and then you provoke hate filled response to your city and then you ignore it? the guy should resign. tucker: he s way, way over his head. keeping order in in the streets the basic function in society. why bother having a police department if they are not going to stop a riot? i don t understand. i agree with you, tucker. i hate to drive the point home again. department of hold em security told them what was going to happen. told them gave them all the info they needed. why in the world would you not prepared here s one of the craziest things that happened out there. they had a situation where they left the park while people were assaulting each other, to go put on riot gear. can you believe that? tucker: cowardly among other things. that s why they left the park. that s what the chief of police says. we ve seen through this process of interviewing folks and looking at documentation, there s a lot of lying coming out of charlottesville. the mayor is up to his neck and corruption here. this is going to blow up. tucker: it s bipartisan. you are representing a liberal, i think. it doesn t matter. . absolutely. tucker: the basic function of your society. appreciate it. fighting, name-calling, cheating, all things that can lead you in the principal s office but first-graders are being sent there for miss jen during their transgender classmates. we will tell you what exactly happened next. where the heart beats warm and true, that s texas. where we always welcome you, that s texas. where we always find a way, that s texas. integrate any part of your business, and have your systems work as one. the ibm cloud. the cloud for enterprise. yours. year with the new sleep number 360 smart bed. it senses and automatically adjusts on both sides. the new 360 smart bed is part of our biggest sale of the year where all beds are on sale. and right now save 50% on the labor day limited edition bed, plus 36 month financing. ends monday! tucker: in the state/country/state of mind of california, a first grader was sent to the principal office after she missed standard classmate. when she said hello, she was chastised for not using the boys new female name and feminine pronouns. the executive director of the capitol resource institute has been in contact with the girls parents. it s hard to believe that a first grader would be chastised for this. we know that happened? absolutely we know it happened. tucker, thank you for having us on. i ve seen the emails from the administration to the mother, i talked to the mother at length. they clearly say this poor little first grader who said hello to the boy using this boy s name was chastised on the playground and later called out of class and sent to the principal s office because she did not use the correct pronoun. tucker: i received a statement tonight from a p.r. company hired by the school who said that the school is merely following california law. is that possible? it s really disingenuous that the administration is still continuing to say that. there s no california law that says you must send a kid to the principal s office for calling somebody using their free speech rights. a little first grader accidentally calling him by his own name. there s nothing in state law that says you have to read a book i am jazz have the boy change into girls clothing and have a new name. there s nothing that mandates the school does this. tucker: it seems a little heavy for little kids. not attacking anyone but it seems like one of those issues that may be parents could talk to their kids about, if they so choose. is this kind of thing often a topic in california first grade classrooms? it s becoming more and more frequently. not just in crazy california. it s happening nationwide. yes, they are pushing this more and more and pushing this agenda. this poor little first grader genuinely was going up to see her friend she hasn t seen since last year in kindergarten and said hello to him. and got in trouble for it. she was quite upset. the parents have since left the school district because they were told she would have to go to the principal s office again and be investigated if it happened again. tucker: investigated by whom? investigated. that s the word that they used in the email by the administration, to see if it was intentional or not. first-graders get names mixed up all the time. tucker: this is. oh, i don t even know what to say. other than it s really depressing and upsetting and i m just glad i grew up in a different time. thank you for joining us. well, a nurse in utah was manhandled by cops when she refused to draw blood from a man without a warrant. distressing, weird, is it the weirdest story of the day? 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(vo) go national. go like a pro. a clubbing entrepreneur he put his wife on the line to sell a product, he decided to sell a line of bulletproof clothing, t-shirts, shorts, literally by shooting his wife in the abdomen. watch this. [gunshot] as you can see, my husband shot me. tucker: [laughs] come on, aaron. my favorite part is that he s setting up shop in america in miami for the first time and they want the tank top of course in miami, they wanted to be the big seller. they are selling it for $495. he says the beautiful thing is that it s appealing to higher and clientele. that s exactly who you want to buy a bulletproof vest. a tank top, rather. for $495. tucker: are they still married? apparently, yes. she s done that before. tucker: what a tolerant person. bulletproof marriage. tucker: we will see if we can find weirder. alex wubbels, a nurse refused to give a blood sample from an unconscious man. you need a warrant or a state of intent to arrest the unconscious man or take its blood. instead of providing either, the cop snapped. catherine, what is this about? what so outrageous is not just the context at its core, a nurse and law enforcement, they are supposed to be on the same team, helping others and saving lives. not manhandling one while she s trying to save a life. tucker: why did he arrest her? what he wanted her to draw blood but she was not going to do it because of hospital protocol and respecting that. tucker: absolutely bizarre. was he censured for this? the patient was a truck driver involved in an accident and he wanted it for further review. tucker: i can t believe they arrested her. it was she charged? i don t believe so. i think they are launching a criminal investigation. tucker: pretty grotesque. one of the criteria i tried to use for read a story of the week, could this happen to me? could i imagine myself? could you buy a 405 to nine dollars bulletproof vest? tucker: what i shoot my wife on camera that s a question asked mike if i was sunny and i was in iraq, yeah, i would buy it. i would probably just go full short-list. would you allow it your significant other to shoot you? i would go with know tucker: erin, would you? no. let s watch it one more time. [gunshot] [applause] as you can see, my husband shot me. the market, don t you want to know if it s going to sell? tucker: clearly she goes to soulcycle because her abs just repelled that. i m afraid this wins. oh, all right. tucker: the weirdest story. i vote for that one too. tucker: the other when i can kind of believe. we will be right back. your big idea. will people know it means they ll get the lowest price guaranteed on our rooms by booking direct on choicehotels.com? hey! badda book. badda boom! mr. badda book. badda boom! book now at choicehotels.com whyou re not thinking clearly, so they called the fire department for us. i could hear crackling in the walls. my mind went totally blank. all i remember saying was, my boyfriend s beating me and she took it from there. and all of this occurred in four minutes or less. i am grateful we all made it out safely. people you don t know care about you. it s kind of one of those things where you can t even thank somebody. to protect what you love, call 1-800-adt-cares hi..and i know that we have phonaccident forgiveness.gent, so the incredibly minor accident that i had tonight- four weeks without the car. okay, yup. good night. with accident forgiveness your rates won t go up just because of an accident. switching to allstate is worth it. itthe power of nexium 24hr protection from frequent heartburn. all day, and all night. now packed into a pill so small, we call it mini. new clearminis from nexium 24hr. see heartburn differently. tucker: bananas are a popular food, they re tasty, cheap, relatively healthy, i guess. the only problem is the peel as the university of mississippi learned this weekend. could not find a banana, left the peel on a nearby tree. it s littering of course but doesn t seem like anything more until the peel was spotted by other students who somehow reach ed the conclusion that peel was a racist attack, of course. greek life was ended early at the retreat. students left in tears. the hungry student issued apologies for his atrocious act. the school has commissioned an ongoings investigation of the matter. we can only matter the campus wide ban on bananas that is in the works when that happens we ll bring it to you. monday s show should be fun. if you have labor day plans, dvr it right now. some of our most memorable and intense debates from bill nye, the so called television science guy to the california sea seed to make way for immigrants. it s a good debate. have the best weekend.
me. the heaters don t work. willful blindness to trump s triumphs and how the fbi and doj can stop the bleeding. that s the focus of tonight angle. think about how reporters would handle things under this hypothetical. hillary clinton, not donald trump, won the presidency in 2016. i realize that s terrifying to contemplate, but bear with me for just a second. imagine that bill is too old to chase intern so she isn t distracted by any new scandals, and somehow during her first year in office, hillary oversees a stock market rocketing up, there s a big drop in unemployment, including among minority workers, and imagine this, imagine consumer confidence, business investment, even wages in certain sectors, all up. imagine hillary announcing that dozens of american run businesses are bringing jobs back to the united states. they are doling out thousand actually some even trying to give obama credit for all of 2017s good economic news. he thinks it started from the day he became president when in fact he inherited good conditions. i thought barack obama did turn around the economy to bring it back from the precipice with tough action. mr. trump inherited an economy that was in full recovery for blacks and whites from president obama. now he s taking credit for picking up somebody at the end of a trip that somebody else broke the trip. laura: somebody else drove the trip. i don t even know what he s talking about. to add insult to injury, even while business leaders do credit trump s tax cut with all the deregulation, what s the big business story of today? here it is. a new reuters poll claiming that just 2% of americans have gotten a raise, a bonus or other benefits from trump s tax cuts. okay, kids, here s a lesson from laura. you usually get a benefit from a tax cut when you pay your taxes. everyone is going to benefit except for upper income earners. hello? and from the trump tax plan, they will see more money in their pockets come april when most people pay their taxes. most people don t pay quarterly. we will see if at that point reuters runs another poll just to see if people are happier or benefiting. a far more telling survey from the national association of business economics finds that company say sales and profits rose at the end of last year and nearly half of the respondents say they are now paying more in wages and in salaries to their employees. this is news that we ve been waiting for and that will benefit workers long term. it s about time people had a raise. i promise you, if hillary clinton had had this record, the praise would be deafening on the eve of her state of the union. meanwhile, the media spent the day blaming the real president for the voluntary resignation of fbi deputy director andrew mccabe. the president play this very active, public role in pressuring the justice department to get rid of mccabe. so far the white house is saying the president was not involved in this, was not pushed at all. it seems hard to believe that. this is yet another instance of the president bullying and pressuring law enforcement agencies he s concerned about investigating him. if anybody thinks in the justice department laura: media bias at nbc, that s my question. the only problem with that lovely scenario they painted, there s no evidence to indicate that trump is responsible for the resignation. do we really want to deputy director of the fbi who was so nomadic recused himself from both probes. there was a new york times story tonight suggesting that fbi director christopher wray was concerned about the findings of a forthcoming government investigation into the fbi and into mccabe s conduct. that s the inspector general s report. the time source said that the director and mccabe had a frank conversation about that report and apparently a demotion was discussed for mccabe. whatever the explanation for his departure, i say this, it s about time. there s a larger point being lost in the mccabe blame game. the president is actually trying to restore confidence and law enforcement institutions that i think for a long time have been used as political instruments. there are a lot of great rank-and-file people, at the at the overwhelming majority. but when the leadership appears to have a political ax to grind, nobody is served by that. it s time to cleanse the upper tiers of the justice department and the fbi of all partisanship. media from the moment the story broke on all the other channels and on nbc, cbs, it was trump to blame? to blame is mccabe and to blame is comey and anybody else at the senior levels of the fbi. this is quite a disgrace for the for the bureau. as someone who worked with the bureau, i m truly saddened by the fall from grace for everybody there. make no mistake about it, this was a plot to exonerate hillary clinton illegally and then if she lost the election, to frame donald trump with a legal crime. this was the worst period in the history of the bureau, much worse than the late hoover period when they were spying on domestic groups. this is the weaponization of the fbi for political purposes by all the people at the upper echelon of the bureau. i think it s really time for people in the other party who seem to make nothing but excuses for the senior people at the bureau and the department of justice, may i say, to kind of wake up and see that what s coming now is the federal grand jury and it s not going to be pretty. laura: you represented the bureau in the public domain and you are the spokesperson for the bureau. your reaction to today s developments in the effort to blame donald trump for the early retirement of the deputy director? they d been talking for some time that he was looking to go on terminal leave and exit the bureau. i think that was hastened as a result of the director just yesterday going to the hill, looking at the information that went into this dossier. but i will tell you, no president, whether it s trump, obama or anyone else, tells the fbi which i do. the fbi is independent. they are there for the people. to think for a minute that a sitting president would be able to push out a deputy director, that goes against everything the fbi has stood for for the past hundred nine years. laura: did you speak to mccabe a few weeks ago? i happen to be at headquarters a few weeks ago and chatted with him briefly. laura: what did he say? we didn t talk about him possibly leaving. at that time he was in the office while the director was out on other business so essentially he s the man in charge. it seemed to be business as usual. however, everybody in the bureau knew that mccabe s days would be running short because of the history. if it was time for the bureau to move on with a clean slate and get back to the work that the fbi does. laura: joe, he wanted to leave in the spring. the ig report is coming out in the spring. but it s a wild coincidence, if indeed the fbi director strolls up to capitol hill on sunday, reads this very short report, four pages, and then it just so happens that monday, mccabe is like you know something, i would rather go skiing in breckenridge for the next two weeks. i m not going to be doing this work any longer. according to the new york times in the latest publications, christopher wray was shocked on sunday when he read the four pages. first of all, if that s the case, where has he been since he was sworn in? there is enough evidence on the public record. with the information from the inspector general and from the hill with the legal release of documents that it was clear that mr. mccabe and others had engaged in highly improper, probably illegal activity in the fisa court stuff along with the dossier from christopher steele. first of all, mccabe should have been gone a long time ago and so should strzok and page and all the people involved in this. this is a dark moment for the fbi. it s going to take a lot for them to recover from this. laura: we had jim comey tweeting after the mccabe news came out. he s tweeting quite a bit. very poetic. he sat special agent andrew mccabe stood tall over the last eight months. he always makes height references, i wonder why. one small people were trying to tear down an institution will depend on. he served with distinction for two decades, i wish andy well. i also wish continued strength for the rest of the fbi. america needs you. john, what you make of the comey tweets? small people, tall people. he s 6 8 , by the way. mccabe is part of comey s legacy. andrew mccabe did a lot of good things in the bureau during his career, but it doesn t matter. when you were doing something wrong, that is the time that it has to be stopped immediately. i had some very good agents that made an unfortunate mistake along the way. laura: he was the guy to whom peter strzok reported, correct? absolutely. laura: mccabe could have, joe, we re almost out of time, mccabe could have used one of the regular field office set of investigators to do both the clinton and the trump investigation. perfection also could run this thing and run it right. he chose to put together this team, correct? kind of an unfortunate mistake. comey was a dirty cop and he dirtied up everybody else around him. laura: we also have a huge development, by the way in the rush or pro. a house committee of course has begun investigating the investigators. up next, we will talk to a congressman who voted tonight to publicly release that memo that could spell big trouble for both the fbi and doj. coming up. starting with advanced manufacturing that brings big ideas to life. and cutting-edge transportation development to connect those ideas to the world. along with urban redevelopment projects worthy of the world s top talent. all across new york state, we re building the new new york. to grow your business with us in new york state visit esd.ny.gov. replace the full value of your totaled new car. the guy says, you picked the wrong insurance plan. no, i picked the wrong insurance company. with new car replacement™, we ll replace the full value of your car plus depreciation. liberty mutual insurance. smile dad. i take medication for high blood pressure and cholesterol. but they might not be enough to protect my heart. adding bayer aspirin can further reduce the risk of another heart attack. because my second chance matters. be sure to talk to your doctor before you begin an aspirin regimen. adam schiff, the top ranking democrat on the committee is wasting no time expressing his outrage. today this committee voted to put the president s personal interests, perhaps their own political interests above the national interests. laura: we also learned tonight that the intel committee has opened an investigation into the doj and the fbi. joining us now to discuss these developers, congressman chris stewart, a member of the intel committee from utah. great to see you, when can we expect this memo to be released? i would love it release to make. laura: it s in your pocket, i want that memo. pull it out, let s go. hopefully soon. it s important for the american people to see it. i hope he doesn t. laura: this is what mark walker, a republican from north carolina, said earlier today. let s watch. if your audience or if somebody is believing that this is the end all smoking gun, it isn t. does it name names? does it prevent some very intriguing facts that makes you ask even more questions to mike to make the case that this is the most shocking document in the history of mankind, i believe that s a little hyperbole. laura: are you guys engaged in hyperbole? i can tell you i haven t been. some people have and we have actually cautioned against that. this is an important document. it s very important for the american people. the process. i listen to mr. schiff and my head just wants to explode. my father was an air force pilot. to accuse us of saying we would endanger national security is just silliness. this memo doesn t do that. what it does do is ask these questions, was the fbi fair? for the accurate? we ve been making accusations, serious accusations, they ve been called traders, treasonous. for more than a year now. did the fbi make those kinds of accusations against innocent people with laughable evidence? that s the kind of think this memo will address. laura: congressman gates from florida has been a frequent guest on the show. to listen to congressman gates, this is just got barn burner of a memo. i think people have gotten your hopes up that this guy s going to go and end this person will lose his job and maybe this one will go to jail. i always find that republicans tend to, sorry, be bad storytellers. i m worried about that, as our other congressmen to whom i ve spoken in the last 48 hours. we kind of get, try to get people to temper their language. i can t speak for what everyone has said, but this memo is very factual. it s not emotional. it doesn t draw any conclusions, it just lays out the facts and let you draw the conclusions. laura: nancy pelosi spoke about an hour ago and i know you haven t seen it, so this is a gift for you, let s watch. they have made up a memo if that isn t even true, and they are lying to the american people. what are you going to do about it? the republican party, as i said, has crossed over to cover up. they are deadly afraid of the russia investigation. the fbi recently s selected by president trump, he got the memo. he could have, and said with due respect, you don t know what you re talking about. laura: she really gave it to chris cuomo. as she read it? i don t know. laura: i want to know. we had members of the department of justice over the weekend saying was reckless to release this memo when they had not read it. they didn t know what was in it. they were making accusations that they have no knowledge of. laura: where his sessions in all of this? what has he said? he is the head of the justice department in which the fbi resides. is he just not going to comment because russia? i recuse myself to all things related to russia, which i still don t understand. i think is one of the most decent, honorable men. i would say he has recused himself from one of the most important laura: you can t recuse yourself if you re going to be attorney general. i said it was you had not done that because you have i think you have an obligation to step aside and let the department to be led by someone who will not step aside. laura: you are saying sessions can t leave this department? i ve set it in the past, it s unfair for him, it s unfair for what we are trying to accomplish. laura: are there other people who are agreeing with you other than the few with quota publicly? i think there are a few. laura: i love jeff sessions. for some reason, i m concerned about this. great on immigration, good on some of the enforcement. gang stuff. frankly, the marijuana enforcement, which i think is good to give discretion to the field officers. this investigation, i m sorry, was a fraud from the beginning. rod rosenstein wet himself when he went over to the hill and is worried about answering questions. that just doesn t inspire a lot of confidence. these accusations in his testimony, that s just nuts. he was answering the question as he understood it. but unfortunately this city she was good people sometimes. laura: that s why you can t be recusing yourself and naming rod rosenstein as her deputy. we look forward to the release, and if you can give it to me before the end of the hour i would appreciate it. as congress struggles to find an immigration solution, that s a big deal for you guys, there s already a great plan in the senate that would address all the pressing problems, really? one of the authors of that bill, senator david perdue joins us with the details next. to you. oh no. well, you know, you re getting older. um, you might be experiencing some, ah, sensations. can t wait to be rescued? esurance roadside assistance lets you know when help will arrive. that s insurance for the modern world. esurance. click or call. stay at la quinta. where we re changing with stylish make-overs. then at your next meeting, set your seat height to its maximum level. bravo, tall meeting man. start winning today. book now at lq.com start winning today. if yor crohn s symptoms are holding you back, and your current treatment hasn t worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn s. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn s treatment isn t working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach. protections expired for about 800,000 of the so-called dreamers. democrats rejected president trump s offer last week of amnesty for nearly 2 million illegal immigrants in exchange for border security and illegal immigration cuts. but another plan exists that should be put on the table. republican senator david perdue is one of the men behind it. he joins us now with more. senator, always great to see you. i ran into you and a new event on saturday and i said you better come on the show, and here you are, so thank you. you and tom cotton in my view came up with an original idea that kind of in some ways mirrors what was going on in the hill with goodlatte and mike mccall. it was focused on the 800,000 daca people who are not kids, they are adults now for the most part. you did the chain migration, end of that, and a visa lottery. three or afforded later suddenly it s at 1.8 million. how did you go from 800 to 1.8 and was that thought process because you needed to pick up a few people? it s great to see you. a year ago you had tom cotton and myself on here and we started then with a very conservative approach of this to solve the legal immigration problem once and for all. we warned about the diversity lottery and we said we needed an end to chain migration. what we ve done there, the president has laid out, i believe, a framework that is ingenious, because we will find out if people are really serious about solving this immigration problem on both sides. i think we have the framework to actually get it done. laura: my listeners are livid. i don t mess on their show for the last three or four days and when did he campaign on this? my point is that if you want cuts in legal immigration, which is the big number, 1 million green cards every year, most of those are based not on merit but on extended family ties, aunts, uncles, cousins twice removed. i m not an amnesty person. i think it hurts people s feelings and sensibilities who have been waiting in line for a long time. what you say to those americans, americans were upset and the people waiting in line? the president has really laid out he wants an end to daca. what that means is he wants to provide they re not going to get in front of anybody, but what he is also done is given the conservatives of his party what he promised he would do, a safe and secure border with the wall. he wants to end chain migration, the most insidious part of this. it s what s caused us to be here. and we know we have a security issue with the diversity lotter lottery. laura: chain migration, i got to play this for you, kristen gillibrand, she s already kicking off her campaign practically, her views on chain migration. i think a lot of president trump s rhetoric is racist, and let s be very clear, when someone uses the phrase chain migration, it is intentional trying to demonize families, literally trying to demonize families and make it a racist slur. it s very interesting. they were out of touch when they tried to shut the government down. the shimmer shutdown. the idea, the term chain migration was termed by lyndon b. johnson, i think he was a democrat. bill clinton also called for an end when he and barbara jordan wanted to go to a merit based system like canada and australia. this is nothing more than democrats revealing how far out of touch they are. two-thirds wants to entry migration and the lottery fix the daca problem and build that wall. laura: she kept saying chained migration. she kept changing the term. totally. laura: some of the polls america the one migration. 68% oppose the visa lottery. 81% want legal immigration reduced. that s always the case whether it s the gallup poll or the harvard harris poll that just came out. 61% think border security is inadequate. steve king was on my show on friday, he said this. the numbers are just stunning. it to see that president trump has proposed 1.8 million amnesty for illegals. i think this will demoralize so very many of his supporters and how do we get back now to a place where we need to be with this? the answer is very simple. keep our eyes focused on the prize. the prize is the problems that got us focused here in the first place. chain migration on the lottery. laura: no more amnesty after this? this will be the last? this is the idea, to end the problem in the first place. laura: will they make you go up to 3 million, 4 million, i will say 5 million? if we do nothing it will be 7 million or more. this is an opportunity to stop this once and for all. laura: you think you will get enough democrats to support this? we will find out if they are really serious about solving the daca problem. laura: they don t want to give you a win on daca. they don t. we will find out. laura: a stunning new example and the contrast of the media s treatment of melania trump and michelle obama. you don t want to miss this nex next. me. my symptoms were keeping me from being there. so, i talked to my doctor and learned humira is for people who still have symptoms of crohn s disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you ve been to areas where certain fungal infections are common, and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira. with humira, remission is possible. coming at you with my brand-new vlog. just making some ice in my freezer here. so check back for that follow-up vid. this is my cashew guy bruno. holler at em, brun. kicking it live and direct here at the fountain. should i go habanero or maui onion? 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( ) only tena intimates has pro-skin technology designed to quickly wick away moisture to help maintain your skin s natural balance. for a free sample call 1-877-get-tena. laura: check this out, the media have bombarded us with stories suggesting that first lady melania trump is acting like a woman scorned. cnn, for instance, turned it into melania-gate and declared the first lady has gone awol. these past couple weeks she s been laying low. i would think so, because of course there have been some cringe-inducing stories in the first few weeks of this year. we can only look at those clues like last saturday when she posted on twitter, the anniversary of the inauguration with herself and a military escort from that date, not her husband. no mention of her husband. she was scheduled to travel with the president but canceled last minute. yesterday she left west palm beach, florida, and was back on the plane today. we don t know the reason for the trip. mott moving to the white house immediately was unprecedented. five months after he moved and she moved in. of course the fact that they have separate bedrooms. laura: oh, my god, . my next guest believes melania trump, get this, actually despises her husband. that s what sarah wrote an article on the website called nylon. she wrote that the day. she joins us now from philly. okay, sarah, you look like a very young woman, very accomplished. you are a writer, you ve written all sorts of stuff out there for various publications. how is it being a feminist for you to question another woman s lifestyle choices, whatever they are, whatever she decides to be. why are you passing judgment on them and questioning them? i don t think i m judging her life choices. if to be fair, i guess i would judge a woman who would choose to marry donald trump. he is truly a disgusting human being. i think that s like a nonpartisan issue. laura: that s not judging at all. that donald trump is disgusting? i think it s pretty much back at this point. laura: looked at our camera, so our listeners get the full sarah here. go ahead. i think donald trump is disgusting. i would say that is a fact. my story was more about how it wouldn t be surprising if a person married to donald trump was disgusted by him. i personally can t imagine a worse person being married to the donald trump. she s miserable. laura: let me get this straight, you are a reporter and you are writing about melania trump as if she s a political actor here and you are saying but that s a fact. use that donald trump is disgusting, that s a fact. you are a writer, so you know when you use the word disgusting, that s a subjective statement. it is not a fact. it is a fact that he s president of united states. it is not a fact that he is disgusting. you and your liberal friends could sit around talking about how awful the country is under donald trump. i grant you that, you think that. but how are you to judge another woman s choice about her relationship, and did you do the same, for instance, when hillary clinton stood by her man, when hillary clinton decided to fire or not fire someone who would reportedly sexually harassed someone on her campaign staff. we are making judgments about that or you reserve it for melania trump because you think her husband is disgusting? i wasn t covering the clintons, i was too young for that. with hillary, of course i would criticize her for doing that. laura: was her husband discussing? who, bill clinton? you just continuing to be like, what about these democrats, is not really an argument. you should be able to speak critically about the trump administration. your whole segment has just been talking about democrats and what they are covering. laura: what i m trying to do, sarah, it s fine, you are a liberal and you don t like trump. that s fine. but to write something about a woman s decision to travel to davo s are not travel, you make this wild leap of logic without any factual underpinning that i know of, and you carry yourself, it s a fact. what s the fact? with the evidence? is my opinion that he s gross and i can imagine being married to him. laura: i don t think anyone cares whether you want to marry him or not. he didn t ask you to marry him. you clearly care about my opinion of him because i m on your show right now. laura: i m trying to understand how a woman like you who carries herself off as a feminist tries to get in the mind of another woman. debbie that s her decision. it s her decision to believe what she wants to believe and live the life that she wants to live. maybe she thinks it s the best thing for the country. maybe she is wildly them up with her husband, but like all of us, are disappointed like people at various times. maybe you have the whole thing wrong. but as a woman and as a feminist, why are you questioning other women s choices? are you pro-choice? good one. being a feminist does not mean that you are not critical of women. you know that that s not what it means. you know it means equality for all genders. it s exactly what feminist means. it does not mean that i have to be nice to every woman that i meet. she is complicit in an administration that has been abhorrent as of now. racism has gone gump, anti-semitism has gone up. she is complicit in a pretty gross administration. the article was about my opinion. i think is disgusting. i can imagine being married to him at all the pictures we see her swatting his hand away are not evidence to the contrary. it kind of looks like she s disgusted by him. that s what my story was about. laura: that s fascinating. if they are happy, good, i hope she is happy. laura: i m sure you do. sherry hope she s happy. did you comment about michelle obama spending an extra three weeks in hawaii after that unfortunate deal with the selfie at the nelson mandela funeral? could you write about that or think about that? i guess two and a half weeks, something like that after that little episode. you don t member that? i don t remember $130,000 in hush money to a former star. laura: i guess that might pass as logic for your generation. you want to remember what you want to remember. michelle would have avoided in for a couple of days, you never know. laura: i have one question, are you going to give back the tax cut that you get because of this horrible president? are you going to give it back to the treasury to form some liberal program? i don t think it s too much for america to ask a decent man for president and someone who gives a tax cut. i m not greedy for wanting both. laura: you have a lovely evening. and hillary clinton s embarrassing cameo at the grammys and their award-winning hypocrisy when we return. educated back in bangladesh. my mom has her masters and my dad worked in the pharmaceutical industry. here they are serving food or they re delivering. and whether its hard for them internally, they never express it. they are always about doing what s best for my brother and i to lead a better life. giving back to them with whatever i earn at the end of my college experience is one of my top priorities. laura: you just knew that last night s grammys would have more anti-trump politics and #metoo moments. the public responded by tuning out in record numbers. somehow it did not strike organizers as hypocritical to feature a cameo by hillary clinton, arguably the worst enabler of a sexual abuse or that we ve ever seen in public life. of course, she the narrator of the recent anti-trump book. he had a long time fear of being poisoned. one reason why he likes to eat at mcdonald s. nobody knew what was coming and the food was safely premade. that s the one. with the grammys in the bag? in the bag. laura: she looked great there. this is a woman, by the way, that the grammys lionized. just like week we learned that hillary protected a campaign aide, or face consulting, and 2008 who was accused of sexually harassing a female staffer. some on her senior staff wanted him fired. there was sexual harassment involved, the young woman was very credible. my recommendation to the senator was to fire him. i was overruled. she overruled to personally? i was overruled, yes. laura: let s examine this breathtaking double standard with monica crowley in new york, senior fellow at the london center for policy research. and michelle from the center for american progress. michelle, take it away. it s the #metoo moment at the grammys and hillary clinton wouldn t fire a sexual harassment. i think without question hillary has been an advocate for women and girls her entire career. i actually thought that the grammys in the moment was a moment of levity, that it was funny. i thought she looked great, and i think she had a great time. i think if we sometimes take it out of always the crazy political, that s actually really good for us as a community, as a nation. laura: does it bother you that she wouldn t fire the guy? not a conservative right wing person. not at all. what i am concerned about is what we do right now to move forward to protect all women and girls. laura: don t we have better examples than hillary? why is hillary so when you want to have anyone near? that s my point. monica, let s get you in on thi this. they showcase are some heroine of the rights movement. go ahead, take it away. i found it amazing but not at all surprising that they would highly hillary clinton at the height of this cultural moment of awareness on sexual abuse, sexual misconduct. this is a woman who defended and protected a sexual predator for decades, a man also known as her husband. and of course we find out that she protected a campaign aide in 08 after she was warned, and she refused to dismiss him and not only that, his bad behavior continued after that and she continued make excuses for him. in this moment when you have all of these musicians on stage and they are all making political statements whether it s bono on immigration or the female artists on the #metoo movement, the ideas that they would take her and hold her up as some sort of symbol, that is self righteousness and hypocrisy. these are the least self-aware people on the planet. let s just step back. are we really saying that we are going to continue in 2018 to blame women for the sins of their husbands? that seems, in some ways, way antiquated and outdated. if you look at what hillary clinton has done, not who she is married to, but what she s done as senator or at the state department. she spent years and years of her time working on behalf of women and girls in this country and around the world. can i just lump in your? when she raises the idea of what she s done for women and girls. what did she do to monica lewinsky, paula jones, kathleen willie? mrs. clinton was right at the center of trying to smear and discredit these women. a narcissistic looney tunes. that s what mrs. clinton did for specific women. we can talk about maxine, who has done tons of work with hillary clinton on ship. we can talk about the mothers of the movement on gun violence prevention. we can go back and forth with names. laura: she can do a lot of good liberal things that you like and at the same time not be the best person to come out for the #metoo movement. if i were a liberal, i would be like okay, hillary, thanks for your service, but we are moving on. turn the page from the clintons. if not helping democrats. it seems like most democrats i want to know want to be done with the clintons. i do think that the #metoo movement is bigger than any one person. i do agree with you on that and i think it s a powerful moment for everybody in the country. laura: thank you so much, and we will be right back. stay right here. do you like big, juicy steak? 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credit card transactions and phone records of me driving from las vegas. but could this little card hold the key? that was just a shot in the dark. absolutely. was he a calculating killer or was his lifestyle on trial? he made mistakes, but that doesn t make him a monster. was there one more card up his sleeve? it goes back to him thinking i ve bluffed some of the best. the player. hello and welcome to dateline extra. i m craig melvin. in this hour the story of a double murder that was shocking and puzzling. there were no witnesses and few clues. the victims, a respected couple. their son, it turned out, played poker for a living. could that lifestyle have had something to do with the crime? the case was a mystery until prosecutors looked again at blood-stained evidence originally gathered from the crime scene. could that be the key? here s keith morrison. not perfect, of course. what is? ernie s mother, the devout mormon, did not approve of his poker playing, apparently. even though ernie s father loved poker and they often played together. he really seemed to like his father and respect his father. they seemed to be close. so why didn t they want to meet her? it was frankly a little hard to understand. how he explained it to me, his mother did not approve of our relationship because i was not mormon and we traveled around together and were living a life of sin or whatever. the scarlet woman. exactly. and when she did meet ernie s dad once, it didn t go so well. so we were in the lobby of caesar s and he started to say this is adrian. he said, i know who she is and turned his back to me. wow. yeah. i don t think i ve ever been so offended in my life. anyway, by then the bloom had faded. wasn t going to be a marriage or children. for probably the last six months of our relationship i think we both knew that it wasn t going anywhere. and in february of 2008 they broke it off. so maybe that s why weeks later she didn t hear right away about what happened. we need emergency. we need everybody now. what kind of problem? i don t know. didn t hear about the grisly double murder or that one of the victims was named ernest scherer. coming up, was one of the victims the man she had loved? it didn t seem like something like that could really have happened to someone i know. when the player continues. sup, world? it s the box with 30% savings for safe drivers. coming at you with my brand-new vlog. just making some ice in my freezer here. so check back for that follow-up vid. this is my cashew guy bruno. holler at em, brun. kicking it live and direct here at the fountain. should i go habanero or maui onion? should i buy a chinchilla? comment below. did i mention i save people $620 for switching? chinchilla update got that chinchilla after all. say what up, rocco. say what up, rocco. but some of us make somethinge make sommuch more. dinner. with blue apron, any night is a chance to see what cooking can do. scherer. they talked about marriage and having children yet eventually their marriage fell apart. weeks after a shocking tragedy and frightening turn of events would put the couple back in contact. here again is keith morrison. adrian solomon was putting life s pieces back together. her two-year romance with ernie scherer once appearing marriage bound he deflated and failed. a couple weeks later she was in san francisco when her phone chirped, text message from an acquaintance. she said i heard about his parents, let me know if there s anything i can do. adrian got herself to a computer and got herself online and saw the appalling story. and learned that they had been murdered. it was surreal. it didn t seem like something like that could really have happened to someone i know. not her ernie, thankfully, but ernie s parents. ere ernie scherer jr. and his wife charlene abendroth murdered. found dead in their own house which was in an upscale country club right across the san francisco bay from adrian s hotel. and now, of course, the house was a crime scene where even the season lead detective scott dudek was horrified by what he saw. it was probably the most gruesome brutal homicide scene i ve ever seen. it was march 14th, 2008, when the call came in. a country club employee had seen what looked like a body through the scherer s window. detective kirsten tucker was one of the first on the scene. as i approached the front door of the home, i could smell the odor of decay and blood from quite a distance away. and inside was like a war zone. blood everywhere. and the battered bodies of two people who had clearly fought for their lives. the bodies had suffered extensive, extensive injuries. it wasn t just the odor that told investigators the bodies had been here a while. there was a week s worth of newspapers that had been uncollected. they narrowed the time of death had to be some time between friday evening, march 7th the last time anyone saw them, and march 8th. method of death? hard to be sure. no murder weapon lying around but they d been hit repeatedly by some sort of blunt instrument and sliced by what must have been a very big knife or sword. what happened here? was it a home invasion robbery? possible, judging from the mess. and ernest scherer was a wealthy real estate investor who was known to carry cash around. detective mike norton. in the victims bedroom, the drawers had been pulled out, a lot of clothes thrown on the floor. a decorative sword was missing and two jade statues. likely expensive. but wait a minute. maybe it wasn t a robbery. her purse was present on the kitchen table. there was jewelry. in the father s pants pocket which were in his bedroom, there was a large amount of cash. $9,000 in cash rolled up in his jeans pocket. and that was untouched? untouched. so was the crime scene staged to hide something more sinister than robbery? why did they find that odd and very obvious pattern of bloody shoe prints but only around the bodies? and the shoe prints would go back and forth to each victim but they just disappeared. you were thinking how did this person get out? still, easy enough to id the shoe prints. there was an obvious nike swoosh right there in the middle. little checking revealed it was a nike impact tomahawk. big. maybe close to size 12. but who wore them? who would do such an awful thing? and why? in our area we just didn t have a husband and wife in their 60s in a multimillion-dollar neighborhood killed for no reason. investigators poked around the scherer s background looking for enemies with motive and it turned out they had some, or at least ernest did. ernie was a passionate person in his views and he wasn t afraid to let you know how he felt. guy houston, a former california state assemblyman, knew ernest scherer for his extreme fiscal conservatism for his work with the republican part write and the local school board. he did make people angry but it was all on a political, not a personal basis. it was all political. besides, what happened to them was too ugly even for politics. and as for charlene i don t know anybody who didn t like her. here was her friend from the mormon church. her confidence, her command, her good heart, her ability to reach out and help people. which she d also been doing professionally for decades as an accounting teacher said this colleague at cal state east bay. she not only wanted to help the students with the particular subject area and the class, she also wanted to help the students with their career and their life. so who was responsible? who knew? not a suspect in sight. i instantly got my phone out and sent him a text message. the minute adrian solomon heard what happened, she reached out for her ernie. they decided to meet in san francisco for dinner that very night. even though we weren t in a relationship anymore, we d been friends for a long time. i felt good that i was able to be there for him. he got really upset during dinner. i was just there to be a listening board for him. and that was that. until a few days later when ernie phoned again very upset. and he said that the cops are starting to harass him a little bit. and again adrian calmed him down. all normal police procedure, she told him. you always hear that they have to look at family first. and so that s just what they were doing. but ernie was a mess, asked to see her again. so adrian arranged to meet him at her next business stop in dallas. be a support again. be a support again, exactly. but adrian had no way of knowing what was coming. or what that news would do to her. it was horrible. i think i started shaking. what was wrong with me that i didn t see this? was it about the murder? no. no, it was something else altogether. coming up, revelations about the double life of a man she thought she knew. he did it in las vegas. he did it in new orleans. he did it everywhere he went. what else had he done? when the player continues. i ve gotta say, i love the new place. oh thanks. yeah, i took your advice and had geico help with renters insurance- it was really easy. easy. that d be nice. phone: for help with chairs, say chair. phone: for help with bookcases, say bookcase. bookcase. i thought this was the dresser? isn t that the bed? phone: i m sorry, i didn t understand. phone: for help with chairs, say chair. does this mean we re not going out? book-case. see how easy renters insurance can be at geico.com. i m walkin wow! nshine i m walking on sunshine wow! i m walking on sunshine wow! and don t it feel good hey! alright now and don t it feel good applebee s handcrafted burgers. any burger just $7.99. now that s eatin good in the neighborhood. but some of us make somethinge make sommuch more. dinner. with blue apron, any night is a chance to see what cooking can do. if yor crohn s symptoms are holding you back, and your current treatment hasn t worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn s. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn s treatment isn t working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach. there are two types of people in the world. those who fear the future. and those who embrace it. the future is for the unafraid. the moment she will recall for with absolute clarity for the rest of her life. i was in a taxi headed from the airport to the hotel in dallas and my phone rings and it is a detective. she listened to him say he was investigating the death of ernie s parents and he had a question. and he said, i know you guys have broke up, but can you tell me how long this affair lasted. affair? why did he use that word? why would you say that? we dated exclusively for two years. you don t know what you re talking about, she told him. he said, so you didn t know that he was married and has a child? i said what are you talking about? i said to him, why would i believe you? but by the time she hung up the phone, adrian knew she did believe him. all of the puzzle pieces came together in my head. suddenly it all made sense. why he never wanted her to see his apartment or meet his parents, why his dad snubbed her that time in the casino. he had been married all along to a woman named robin and had a young son, ernest iv, and every good opinion adrian had of him and her and her own judgment flew out the window of that dallas cab. i m a smart person. how could i not have put all these pieces together? we talked about having kids together. and he wanted to have a boy. well, he already had a boy. what is going on? things happened quickly then. quickly and painfully. my phone rang and it was him. i said listen, the cops just called and so he asked what did they tell you. i was like, well, i know you re married. he was like, it s in name only. it s not a true marriage. he said let me come there and explain the whole thing to you. i said like, i don t want to see you. please just go. he wouldn t. he refused. she met him in the lobby. then he tried to explain everything away. he couldn t, of course, and she sat there half listening. equilibrium gone and a bad feeling. i was hurt and angry with him and myself and it was just unbelievable to think that those two years had been a sham. yes. and in fact more than one sham, a whole quilt of shams. detectives back in northern california had begun to uncover details of a double life which had been, shall we say, prodigious. it seemed like at every turn there was another woman this guy had some involvement with. it was coming out of the woodwork. there was quite a few of them. he said he was recently single. like pamela icles, for example, who responded to ernie s ad in 2008 in the dating section of craigslist in las vegas. she met him for drinks. ernie s personality was very nice, friendly. the two had plans to have dinner march 14th, 2008. but about 2:00 in the afternoon, said pamela, ernie called to cancel. saying he needed to go home. that his parents house was broken into and burglarized. and they were both murdered. but in the weeks after the murder ernie s craigslist conquest resumed. he did it in las vegas. he did it in new orleans. he did it everywhere he went. and he got lots of responses. does that surprise you? it surprised me that he was able to form the level of intimacy very rapidly with so many different women that he did. kimberly olson was one of them. kimberly formed a very intimate relationship with ernie scherer. met him in september 2008 six months after his parents murder. she was at a casino in mesquite, nevada. he came over and said he needed a pretty girl to blow on the dice at his craps table. he was a smooth talker. now, that s a line. it is. i fell for it. from day one, said kimberly, their relationship was based on honesty, full disclosure, all the dirty laundry. he would tell me stories about his wife and his girlfriend and going back and forth and i told him he was a jerk. i think he knew he made a lot of mistakes. of course ernie also told her about his parents murder. he missed his parents. he would tell me stories about him and his father. he d get teary eyed about it. kimberly got to know ernie, she said, very, very well. if you can drive through texas with someone and not want to strangle them in the middle of texas, you can get to know someone very well. he was really sweet. and eventually he moved in with her. did you grow to love him? i did. i cared for him. but that other woman who had loved him, adrian solomon, was struggling. if he could lie to me every day for two years, lie to my family, look at rings, talk about having children together, what else is he capable of? but of course, living a double life doesn t make you a double murderer. those alameda county detectives knew that perfectly well. but as they were discovering, a cheating heart wasn t the only disturbing thing about this professional poker player. coming up, turned out he had some other secrets and he was battling some long odds. why did he want to get in the house so badly? he wanted the will. when the player continues. if you wear a denture, you not only want a clean feeling every day, you want your denture to be stain free. did you know there s a specialty cleanser that s gentle enough for everyday use and cleans better than regular toothpaste? try polident cleanser. it has a four in one cleaning system that kills ten times more odor causing bacteria than regular toothpaste, deep cleans where brushing may miss, helps remove tough stains, and maintains the original color of your dentures when used daily. for a cleaner, fresher, brighter denture, use polident every day. when it comes to travel, i sweat the details. late checkout. .down-alternative pillows. .and of course, price. tripadvisor helps you book a. .hotel without breaking a sweat. because we now instantly. .search over 200 booking sites .to find you the lowest price. .on the hotel you want. don t sweat your booking. tripadvisor. the latest reviews. the lowest prices. we have one to two fires a day and when you respond together and you put your lives on the line, you do have to surround yourself with experts. and for us the expert in gas and electric is pg&e. we run about 2,500/2,800 fire calls a year and on almost every one of those calls pg&e is responding to that call as well. and so when we show up to a fire and pg&e shows up with us it makes a tremendous team during a moment of crisis. i rely on them, the firefighters in this department rely on them, and so we have to practice safety everyday. utilizing pg&e s talent and expertise in that area trains our firefighters on the gas or electric aspect of a fire and when we have an emergency situation we are going to be much more skilled and prepared to mitigate that emergency for all concerned. the things we do every single day that puts ourselves in harm s way, and to have a partner that is so skilled at what they do is indispensable, and i couldn t ask for a better partner. hopped-up lover boy. and as detectives pored over the scanty evidence, they encountered lots of the victims blood but very few useful clues. we were looking for everything. every blood stained fingerprints. they found nothing that pointed to ernie. those shoe prints were consistent with a size 12 and ernie wore a 9 1/2 or 10. also the csi people found in one of those prints a speck of human dna that did not belong to either ernie or his parents. early on there was only that curious incident just a little odd that happened the day after the bodies were discovered. ernie showed up at the house all distraught insisting officer tucker gave him entry. no can do, she said, active crime scene and all. he became demanding and even condescending very, very quickly, which surprised me. why did he want to get in the house so badly? he wanted the will. he told you that? he did. his parents will, which investigators found in a desk drawer. and the will indicated that their fairly significant estate would be divided equally between their two children, catherine and ernest, and they would receive their inheritance at the age of 30. did you determine how old ernest was? i did. ernest scherer iii would turn 30 in july. and his parents were killed in march. ernie s father had a couple million invested in real estate, though at the time of his death the value of the estate was certainly shrinking right along with housing prices. still, was it even remotely possible ernie would kill his parents to cash in on an inheritance? the detectives had a look at ernie s financial situation. and you know how some professional poker players claim they win a lot? maybe not. at least not in ernie s case. we learned that he had 60-some-odd-thousand dollars in credit card debt and he also, in talking with different casinos, he had lost a significant amount of money in the tune of $80,000 to $90,000 in his play in the last year. that was not the worst of it. not even close. by march of 2008 when the murders happened, real estate in california was huffing and puffing on its race to the bottom. and six months before that ernie the son wanted to buy a house in the city of brea in california but couldn t get a loan. banks not so sanguine anymore about the security of a poker player s income. so he borrowed the money from ernest the father, $616,000. but then real estate started tanking, so father ernest asked son ernie to go to a bank, refinance, pay back his loan. and ernie couldn t. he was frantic trying to refinance his home. and at the time that they were killed, he had missed a mortgage payment to his parents for the first time. so this is approaching some sort of crisis? that s what we felt, yes. so motive? well, maybe. investigators told ernie they wanted to talk. and he agreed to come down to the station, where he explained that their suspicions were groundless. ernie had an alibi. there will be credit card transactions and phone records of me driving from las vegas back to brea, california. night of the murder, said ernie, he was at home in southern california hours and hours away from his parents house. he had driven from las vegas that afternoon, stopped for gas and a bite to eat at a mcdonald s in primm, nevada. and yes, there were credit card records to prove it. he arrived home around 5:00 p.m., fell asleep on the couch for a bit, watched a movie on tv and went to bed. wife and son were away, he said. and bright and early the next morning, he met his elderly grandfather for a bridge tournament which his grandfather ernest i confirmed. still, detectives had some questions that ernie surely should have been able to answer, shouldn t he? so we asked him what road did you take to get to your home. and he was not able to tell us. we asked him, what television show did you watch? he wasn t able to tell us. and then when they checked ernie s cell phone records, they found an unusual gap in transmission right around the time of the murders. from the afternoon of march 7th to the early morning of march 8th. 17 hours 46 minutes ernie s phone did not register on any cell phone tower anywhere. he was just a guy that was constantly talking on his cell phone. so the fact that there s a 17-hour window where he s not using it at all was definitely suspicious to us. but as the investigators suspicions grew, just as they felt they might possibly be closing in on something, ernie scherer iii disappeared. coming up, following the trail, connecting the dots. police turn up a strange story. he asked me if i would do something slightly illegal for $300. but was it the smoking gun they needed? when the player continues. this new day looks nothing like yesterday. trails are covered. paths aren t what they used to be. roads nowhere to be found. ( ) and it s exactly what you re looking for. 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no. she chose to stay. stayed the night. she did. meanwhile, lead detective dudek called in reinforcements. and before long some of the most boring of all police work paid off. a deputy borrowed from the local jail for the investigation pored through hours of video taken by a security camera at the scherers country club. and finally, there it was. a red chevrolet camaro approaching the scherer home at 8:27 p.m. on march 7th and exiting at 12:42 a.m. on march 8th, just when the murders were thought to have occurred. a red chevy camaro with a black top. and wasn t that the very same make, model, and color of ernie scherer s car? sure looked like his car to a cop s eye, anyway. trouble was they couldn t see the license plate or the driver s face. could have been coincidence. and even that, the car and the other evidence they gathered, wouldn t be enough to persuade the d.a. to file murder charges. the cops brought everything they know to the forgotten woman in this story, ernie s wife robin. she had been left behind when ernie took off a couple of weeks after the murders. when she saw what investigators had, she was not only ready to divorce ernie, she told the police she d help them by attempting to bluff the poker player. be [ phone ringing ] hello? hi. hi. how are you? detectives recorded this phone call in which she tells ernie about the video but chooses to embellish the facts a bit. telling him his face was visible. the video was sent to a studio like disney or something and was enhanced. it looks like you in your car. and they re basically saying you were there friday night. were you in the bay area on friday night? because i thought you were driving back home. and there s this video that they have and it clearly looks like it s your car. and then a long pause. hello? i m here. i m just thinking. was the video like from somebody s house? is it from a gas station? what kind of video is it? no. it s going into the country club area. going into the country club area? uh-huh. and it looks like your car and looks like you in it. you can see the face of the driver? yes. were you there? and if you were, you owe me a good explanation as to why you were there. no. are you lying to me? i understand why you re asking the question. i mean, obviously, you know the police are listening to this phone call, i m assuming. right? i guess. i have no idea. and in this game of poker it was hard to say who was playing whom. in the end there was no smoking gun, but was ernie spooked a little? was that why he reached out again to adrian solomon with this request? i m really hoping we can end up back together. he told her, said adrian, he was thinking of changing his lifestyle, quitting poker, if only she d take him back. well, she was a different adrian now. i think i kind of felt more powerful in that conversation than i had with him in a long time because i know that i don t trust a single word that he says. meanwhile, back in vegas, detectives learn that just days before the murders ernie scherer had made a rather unusual request of this man. his name is david mock. he asked me if i would do something slightly illegal for $300. david is a professional piano player in vegas. he says, oh, i m looking to get a gun because i m a professional gambler and i carry a lot of money. i thought, you know, no. i m not going to do that. and investigators discovered ernie also asked david s performance partner to buy him a gun and offered another friend $50,000 to point the finger of suspicion away from ernie and towards someone else. and even if none of it was definitive, it all added up and it looked bad for ernie. and so finally nearly a year after the murders, the alameda county d.a. made the decision to roll the dice. it was february 2009. kimberly olson was at home with ernie in their las vegas apartment. there was a knock on the door and ernie answered the door and i came out and there was fbi agents with guns drawn. ernie scherer was charged with two counts of murder, and kimberly olson thought the whole world had gone crazy. he s a poker player and he had made his mistakes, obviously, with the women in his life. but i mean, that s a very far jump from being a poker player to murdering your parents. but back home in north carolina, when adrian solomon heard about ernie s arrest did you believe he could have done such a thing? i believe that he could have and for me that was enough. a date was set for trial based on circumstantial evidence. even though that mystery dna at the crime scene was never identified. even though not one piece of direct evidence connected ernie to any murder weapon or those mysterious nike footprints. remember, they were consistent with a size 12 and ernie wore 9 1/2 or 10. and you knew that one of the lines that was coming had to be a defense attorney couldn t resist it was if those shoes don t fit you must acquit. absolutely. and a jury just might look at that. and that went through my mind several times. and then someone noticed that little piece of paper right there. what was that? coming up so that was just kind of a shot in the dark? absolutely. and it hit its mark. a bullseye. i m thinking, that s the end of the book. but does the gambler have one more bluff in store? when the player continues. -if you told me a year ago where i d be right now. aah! .i would have said you were crazy. but so began the year of me. i discovered the true meaning of paperless discounts. and the indescribable rush of saving drivers an average of $620. why does fear feel so good? 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anything they missed, they might use to seal the case against ernie scherer? and that s when they saw it. something quite odd. they came across a piece of paper that we had collected that had blood droplets on it. just one small piece of paper, which one of the detectives picked up from the bloody floor of the murder scene a few feet away from the lifeless body of ernie s father, ernest scherer jr. it was a warranty card for a baseball bat. that s all it was. no big deal. except when police searched through that house, searched every square inch of it, one thing they did not find was a baseball bat. and they just thought it was odd. why would 60-something-year-old people have a warranty for a bat? and the warranty wasn t just for any old bat. it was for a nike baseball bat. right on the warranty card. they couldn t help but see that same distinctive nike swoosh, just like the ones they saw printed on the floor in blood by those size 12 nike impact sneakers. were they on to something here? so they kind of backtracked. they wondered, hey, was there any kind of nike store around where we had getting gas and a hamburger? and they found across the street there was in fact a nike outlet store. so that was just kind of a shot in the dark? absolutely. and there it was. a nike outlet store in primm, nevada just yards away from the gas station where ernie used a credit card to fill his tank, and very close to the mcdonald s where he used plastic to buy a burger. this was maybe 12 hours before the murders. possible hitch? ernie did not use a credit card at this or any other nike store that day. so maybe he didn t buy a baseball bat to use on his parents. unless. did he use cash in an effort to hide a purchase at nike? one of the d.a. s investigators asked nike to check purchase records for march 7th, 2008. and as they say in vegas, jackpot. at 11:38 a.m., just before ernie used his credit card at the mcdonald s and the gas station, there was a cash purchase at the nike outlet. one pair of size 12 nike impact tomahawk sneakers, a ripken youth baseball fat and junior match soccer gloves. i m thinking even the most skeptical jury in the world has to realize, put it all together, the book has just finished, that s the ending of the book. in january 2011 the alameda county prosecutor told jurors ernest scherer iii was a narcissistic sociopath who savagely murdered his parents in cold blood. he is sheer evil. he thinks he s smarter than everybody. heavily in debt and desperate for minute, ernie s house of cards was collapsing before his very eyes, said the prosecutor, and so he killed his parents for the money, for his inheritance. even ernie s own family unanimously turned against him, including ernest scherer sr., ernie s grandfather, who took the stand on his 95th birthday to testify against his own grandson, his namesake. and once again, adrian had a date to see ernie in court. they asked you to testify. they did. it was overwhelming and terrifying. adrian told the jury about ernie s two years of deception, the double life, all those lies. i made it a point not to look at him during the entire time i was in the room and during the entire testimony. was it enough for the jury? ernie s defense jumped to its task, arguing that the evidence, the red chevy camaro on the surveillance video, the dead cell phone at the time of the murders, asking his friends to buy a gun, all of that could have been simply coincidence, it could be explained away. and besides, said the defense, there was actual physical evidence to prove someone other than ernie could have committed the crime, the speck of bloody dna found number one of the shoe prints at the crime scene. the prosecution argued it was just a mistake, contamination. but did it point to the real killer? as for the so-called jackpot evidence, the cash purchase of the nike sneakers and baseball bat and gloves, who knows who bought those, said the defense, but it wasn t ernie. anyway, those nike sneakers were a size 12 and ernie wore a 9 1/2 or 10. proves he didn t do it, right? and on that point the prosecution had only this. he is very proficient at misinformation and disinformation, and i think that he intentionally bought shoes that were too large for him. ernie scherer took the stand himself, sat up there for the better part of seven days, confident, often smiling, and claiming it was his lifestyle the prosecution put on trial. he s a human. he made mistakes like everybody else does. that doesn t make him a monster. would he convince the jury? i think it goes back to him thinking i m at a table and there s all kinds of chips on the middle of the table. and you know what? i bluffed some of the best. these 12 people, they re nothing compared to some of the poker players i ve bluffed so, i m going to give it my best. the jury stayed out for 2 1/2 days. we spoke with one of the 12 jurors who deliberated and an alternate who sat through the case. the defense would argue that in a way the prosecution put this man s lifestyle on trial. i mean, he was a somebody should. raised as a mormon somebody should? yeah. all other things being equal, his lifestyle counted against him. but of course all things were not equal. and although a couple of jurors held out for a while, in the end it came down to this. too many coincidences. way too many. because taken by themselves yeah. they could be explained. they could be. but you put them all together, it doesn t work. and so ernest scherer iii was found guilty. two counts of first-degree murder. two consecutive life sentences. no parole. his sister, catherine, daughter of the victims, spoke publicly for the first time outside the courtroom. it s hard to have to talk about my parents and the loss. they re no longer with me at all. just here. do you feel justice was served? i don t know. it s hard. it s hard to admit that anybody could do something like that. and adrian solomon, the one-time teacher of the flying trapeze, the woman who thought she d learned a thing or two about reading people, still wonders why she just didn t see it. i don t trust my judgment, and i don t trust other people are telling the truth. and that s hard. will you ever get that back? i don t know. i m sure over time everything s been getting better, but i m still not ready to be trusting everyone so easily. that s all for this edition of dateline extra.
protected status for seven years under the obama administration, the leader finally getting answers, joins us live. welcome to fox news @ night, i m shannon bream in washington. new tonight, capping a week which began with the state of the union address and about to close with the release of that controversial surveillance memo, president trump appears to be going on offense against his critics. these new comments coming in just a short while ago speaking at the rnc winter meeting right here in washington. the name is resist, that s all they do is resist. i don t know if they re good at, they can t be too good at because we are passing a lot of things. shannon: those comments directed at democrats but they white house is poised to further infuriate its critics with the release of a memo of alleged surveillance. ed henry joins us that story. breaking tonight, two sr. republicans are pushing back at reports that this republican memo will not live up to the hype that there are four separate explosive revelations about surveillance during the obama administration that have not yet leaked out ahead of the expected release. if that turns out to be true, it will be a vindication for republican devin nunes who suggests that this demo reveals abuses of the fisa law dating back to the obama years. a lot on the line as you saw house democratic leader nancy pelosi today called on speaker paul ryan to remove him as intelligence chairman, charging his actions have been a dangerous attack on law enforcement all meds to help president trump politically. a senior white house official suggested the president is going to tell congress he does not object to the public release of this memo. then it would be up to the house to release it to the public. the top democrat on the panel has been very outspoken, he pushed back on the claim that he made only minor grammatical fixes to the original memo before sending it to the white house. the democrats charging it was secretly altered to tar both the fbi and the justice department. that was a claim that was hotly disputed by various republicans today including speaker ryan who seemed to give him some cover. i think the fbi is exactly right, this memo is a spin on not just a set of particular documents but broader classified information on that. that s because of serious and material omissions is inaccurate and gives a very misleading impression. this memo is not an indictment of the fbi, department of justice, it does not dip you and the molar investigation or the deputy attorney general. it is congresses legitimate function of oversight to make sure that the fisa process is being used correctly and if it wasn t being used correctly, that needs to come to light and people need to be held accountable. the former fbi director james cone he went off on twitter and voting writing all should appreciate the fbi speaking up, i wish more of our leaders would, take heart, american history shows in the long run, weasels and liars never hold the field. so long as good people to stand up, not a lot of schools or streets named for joe mccarthy mccarthy. the mention of the fbi speaking up is an apparent reference to the statement put out by his success for, the current fbi director that the memo should be kept under wraps. cnn today claimed that he was threatening to resign if the president lets this memo go public, nbc news knocking that down is false. we should note the people who have seen this memo have told us privately that james comey may be implicated all of this which might explain his fiery tweet. shannon: we will debate that coming up, the case of this top-secret memo has captivated washington and dominated media coverage. join us now is hogan ghibli, special assistant to the president. let s talk about this memo. their accusations late last night, breaking as this show is going on. there are alterations to the memo before it went to the white house, questions about whether the white house had anything to do with it, what can you tell us. we had nothing to do with alterations, it was generated in congress, sent to the white house. the president takes very seriously and he meant with the relevant stakeholders, people in the white house counsel, also on the national security team, they found the next steps, we are moving into the final stages of that up with the president hasn t made a decision yet. shannon: everyone things were going to see it tomorrow. there is a process in place and the president would never do anything to put the american people at risk or harm our national security in any way. that s why the process takes so long, there is a five day window with the president has to go through the document. he did that with the team and they will make a decision soon. shannon: how was the statement received at the white house? the fbi was provided a limited opportunity to review this memo the day before the committee voted to release it. we have great concerns about material omissions of fact that fundamentally impact the memo s accuracy. this is coming to us already finished. whatever squabbles they have in congress, whatever the fbi is saying they did, that s up to them. we are doing exactly what we were outlined to do by law to make sure it protects the american people. if it does get declassified, there is nothing in there that would harm this nation. shannon: i want to read a couple of analyses and give you a chance to respond. from cnn, president donald trump continues to tell his associates he believes the highly controversial republican memo alleging the fbi abuse could discredit the russia investigation, multiple sources with the white house discussions and said to. do you think the memo is going to discredit the molar investigation? i m not going to get ahead of anything the president is going to say. he has read the document, he has poured through it meticulously meticulously this is important not just for what occurred, the president has been very clear. obviously he supports the rank-and-file members of the fb fbi. he believes they are hardworking and deserve our respect and appreciation. it s obvious at the senior levels that reports have shown some serious biases against the donald trump and four hillary clinton during the investigation. that s troublesome. he s all about transparency, he wants these things to come out. he believes that sunlight is best in this situation. shannon: cnn saying that trump is frustrated with the russia investigation, the deputy attorney general, he may look for any opportunity to build a case for rod rosenstein s firing. i can t speak to that i haven t talked to him about tha that. this process, so many reports were brought out today of various aspects of this memo. they were all wrong. several reports saying he was going to release it before he took off today, didn t happen. we were all sitting at the white house laughing, who was saying these things? et cetera old adage that the people who know don t talk and the people who don t know talk and that s obvious today. shannon: let s talk about immigration, the president has made the four pillar proposal that some on the rice don t like because they are upset about 1.8 million being eligible for a pathway to citizenship who are here illegally. the left is unhappy about the wall and all of these kinds of things too. they are unhappy about a lot of things. shannon: the president spoke about this tonight and the democrats and where they are in immigration. president trump: the democrats are awol, they are missing in action. we are saying where are they, we have a proposal, we never hear from them. i don t think they want to solve the daca problem, i think they want to talk about it, i think they want to obstruct the name is resist, that s the name of their movement. resist, that s all they do is resist. shannon: will they find a way to meet in the middle? what are they resisting, lower taxes, more money in the pocket. shannon: i wall they don t want. they all voted for that wall in 2006 and 2013, the democrats are playing politics with people s lives and use all that with the shutdown. the president did a masterful job of exposing exactly what democrats are about. they want to shutdown the government, put our military at risk, 8.9 8.9 million childrent risk all to protect hundreds of thousands of people who are here illegally and unlawfully as opposed to the hundreds of millions of american citizens. that line has been drawn. present comes forward and says not only am i going to get a strong border security plan that ends chain migration, things democrats used to be for, protects our nation, gives border security what they need. i m even going to put out 1.8 million people with a possibility for a pathway to citizenship, that s three times more than president obama offered in the democrats don t want it it s just baffling. shannon: we will keep watching, always good to see yo you. a contentious tax overhaul is starting to deliver in the form of bigger american paychecks. you have heard about 300 plus companies passing along benefits to workers and bonuses, one of the latest hostess giving employee bonuses, that has not stopped democrats from characterizing the cuts as crumbs. caroline joins us with details. it was a twofer for the president today, he he took a shot at nancy pelosi and got in a jab at hillary clinton. comments that bonuses coming out of republican tax cuts are crumbs to one of clinton s most memorable lines during the 2016 campaign where she called some of his supporters deplorable, here s the president today. president trump: corporations giving tremendous bonuses to everybody that nancy pelosi called the crumbs, was a bad that could be deplorable, when people are getting $2,003,000, let s not crumbs, that s a lot of money. it s one that she has used a number of times including today at the text town hall in massachusetts. there is no comparison between the trillian and a dollar tax bracket that slashed corporate rates. while they give banquets to the high-end, top 1% corporate america. they are giving crumbs, compared to the banquets, they are getting at high end. she also had this to say after the president s comments today. was deplorable are republicans desperate efforts to hide the g.o.p. tax scam behind a handful of meager one time bonuses, the casual dishonesty of taking her words out of context is nothing compared to the dishonesty of republican sales pitch on the tax scam itself. at least a 300 companies have announced bonuses, races, or that they are adding to 401(k) programs ranging from $2500 at apple, the smaller companies ranging minimum wage, . shannon: brand-new tweet from the president at this late hour. he said this, democrats aren t calling what daca. we have a great chance to make a deal or blame them, march 5th is coming up next. mucks to discuss with fox news politics editor chris stirewalt. where do we start here will we have a deal by then? the president is tweeting here and trying to advantage the republicans about whose fault is going to be. the republicans won round one of the shutdown olympics. as i have said to before, this bobsled run is not nearly done. they re probably going to be multiple shutdowns i would guess in this year. unless republicans can apply pressure to democrats. to apply pressure, they have got to pass legislation through the house and they ve got to have a bill to get 50 republicans in the senate. if they can t do that, they re going to let democrats off the hook. then pressure starts to ship them i could shift back to the g.o.p. shannon: trump has got the democrats right where he wants them, there s a quote in there from a princeton political scientist who says that his name is nolan mccarty. if the democrats don t go along with this deal, blocking it would allow the trump administration to suggest that the democrats were willing to trade to dreamers for lottery and change migration as well as position them on soft on border security. the president has to back them into a corner. the crazy rhetoric that has come from some democrats talking this is racist, that doesn t help their case either. these are views that even very recently were not uncommon or were considered inhumane among democrats. there s a 70% position in america on immigration. the overwhelming majority of the electorate wants some kind of amnesty they want amnesty but they also want border security. shannon: they don t like that word though, may be some kind legal status, but i don t people in hell want ice water. the majority of americans, the overwhelming majority of americans favor favor amnesty they favor allowing these people to stay. that in exchange for more border security. it s not about the ones that are here. it s about the next wave and the whole effort in washington, this is colored by what happened in 1986 by ronald reagan. there was amnesty but then the enforcement wasn t there on the other side. that s the one that trump can deliver him, he is in a unique position to get a deal done. if his party will help them. when he was at the greenbrier today, if they will take his word to heart and let him make a deal and give him the votes he needs, and just try to suck up primary voters, they would be a big deal. shannon: i love the greenbrier, i m not from west virginia. it s a great place to be. hogan is try to be cagey with us, we think were going to get it tomorrow. andy mccarthy formal federal prosecutor from the national review, he said the intelligence committee has gone about things right away, conducting oversight and carefully handling classified information so that things the public should know are disclosed without compromising vital intelligence or its sources. democrats are condemning the process and much of the media seems strangely indifferent if not opposed to disclosure. i think that s true, i think the larger context here, democrats started with obvious and pernicious leaking on the russia probe to try to paint the trump administration, the president as a puppet of the kremlin. that was an obvious and intentional act by democrats. republicans are now responding with an escalation. this escalation is going very obvious that the target here is impossible to miss, it s rod rosenstein. he is the linchpin of the justice department. now you got rod rosenstein, he s the guy that looks obvious that trump might like to pry him out. the memo creates different constituencies. there are civil libertarians who like the memo because it s going to make it harder on mass surveillance. they don t like mass surveillance if these people want to help them get the memo out, and there are people who are doing it for political reasons, they re trying to discredit the mueller investigation or start firing people at the fbi. pushing them out. then you have people who want clarity, they want answers. i ll tell you where i think this all ends up. i think this all ends up that everything is coming out. it s all coming out, the republican one, the democratic one, all the testimony. backup the semi and we are going to have a document deluge over the next couple of months. shannon: this is not the mccarthy reference by former fbi director comey. he did say the democrats memo as long as it meets the classification and requirements, that one should come out too. the fbi should write one if it has proms with either or both of these. i have a memo, it s a delicious recipe for ribs. shannon: happy friday evening. nikki haley offering a scathing indictment, also arguing that the trump administration has been tougher on russia since any administration since reagan. we have sent advanced weapons to ukraine, we have not lifted a single sanction on russia. in fact, we ve expanded sanctions against them. we have expelled russian diplomats, i have no idea what russian expected from the american election but i ve got to tell you, they are not happy with what they ended up with. shannon: she repeated russia is not our friend, adding they will never be if they continue their course of action on the world stage. all of this memo drama has turned into a melodrama but what about the rank the rank and file fbi? our next guests are uniquely qualified to discuss the impact this is all having on morale. check it out, trace gallagher is reporting on one of the biggest stories in southern california. plus closure in the case of one conservative group targeted by the irs for seven years. were going to talk to the lead plaintiff who stood up to the agency under the obama administration. isn t it like a bad cold or flu? pneumococcal pneumonia is a potentially serious bacterial lung disease. in some cases, part of your lung may fill with mucus, making it hard to breathe. can i catch it from a pneumococcal vaccination? no. the vaccines do not contain live bacteria. talk to your doctor or pharmacist about how to help protect yourself. talk to your doctor or pharmacist you for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs. you re like nothing can replace brad. then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement™, we ll pay for a car that s a model year newer with 15,000 fewer miles than your old one. liberty stands with you™. liberty mutual insurance. secret service agent and former nypd officer. i want to read something that came from the fbi association today. saying they appreciate fbi director standing shoulder to shoulder with the men and women of the fbi as we work together to protect our country from criminal and national security threats. agents take a solemn oath to the country and the american public continues to be well served by the world s preeminent law enforcement agency. how careful do we have to be even uncovering these things that is not decimating morale? speak of the men and women of the fbi are the finest people i have ever worked with. i say that with no reservation. my hats off to all of you doing great work out there keeping bank robbers, computer criminals off the streets. let s be clear about what happened here. a select group of upper-level management at the fbi violated protocol to spy on the trump team. spying on the trump team is not in dispute. it s all in the method by which it happened that is still in dispute that may be cleared up in the memo. what they did in our name i have a really good contact on this. shannon: what are you hearing about how they feel? i have a long history with the fbi, a deputy was an fbi agent, i had counterterrorism folks. morale is hurting right now, they are embarrassed. look at the seal, fidelity, bravery, integrity. it s a big art of their culture, they are very proud. if for upper management of the fbi to breach that trust and to conduct themselves in an unprofessional matter, there is no place for that in the fbi. they are very excited with the naming of the new acting deputy, he is a career success story. he s got the respect of the troops not just in the fbi but all the other agencies but he ran a gang task force in california with multiple agencies taking down hells angels, the bloods, the crips. he has earned his stripes and law enforcement. shannon: that will be an encouragement to the people you are talking with, i want to read something from a former special agent at the daily beast today saying this over the release of the memo, many honorable men and women should be prepared to resign to walk out over this, what do you make of that? a candidate for president of the united states was spied on to the american people understand what happened there? to spy on people using law enforcement isn t illegal, you have to get a warrant using probable cause at on a criminal case, you have to get a warrant that there is probable cause, someone is acting as a foreign agent in violation of u.s. law. i m asking the question to the audience where is the probable cause, produce for me a scintilla of evidence that either one of those two things happened. a crime was committed or someone on the trump team was acting as a foreign agent in violation of u.s. law while on the trump team and advising trump, you can t because it didn t happen. the public is entitled to know. we do still live in a constitutional republic. shannon: do you think the release of the memo will help or hurt the restoration of american s confidence in the fb fbi. the public deserves full accountability, transparency, the government has to produce these type of documents so they can make their own decision. i don t know what they re memo says, i don t know what s going to be released. regardless of what the details are, the public deserves the truth. shannon: may be tomorrow, we will see. thank you both so much for staying with us. new developments tonight with the veterans group targeting all those nfl players, who take a during the anthem. lawmakers taking action at the big game, stick around for more on that. our members shop a little differently. so we reward every purchase. let s see what kate sent. for you. for all of us. that s for me. navy federal credit union open to the armed forces, the dod, veterans, and their families. with advil s fast relief, you ll ask, what pulled muscle? what headache? nothing works faster to make pain a distant memory. advil liqui-gels and advil liqui-gels minis. what pain? obviously homeless, disheveled, and mentally ill. after the video was posted on social media come it stirred to some outrage especially with l.a. city councilmember who represents san pedro. he called appalling and the disturbing and immediately called for an investigation, watch. i m looking for accountability in a time where we cannot pawn off mental health issues to other municipalities. the sheriff s department says this is not a case of dumping it s a case of compassion. deputies went out of their way to help the man. the department claims he told them his name and asked for a ride to pasadena some 25 miles away. instead, they saw he had a bus pass and took him to a bus stop 4 miles away, here s the deputy s office. when you are voluntarily dirt you have to be let out. he got to a particular point, he said he wanted to be let out and our deputies obliged. they knew he had an outstanding warrant for failing to appear but because of jail overcrowding, they rarely arrest people for minor violations. the councilmember isn t buying the whole compassion explanatio explanation. they should ve taken a man to help. shooting at a middle school near downtown los angeles, a 12-year-old girl was arrested for opening fire. investigators say the shooting appears to be accidental, it s unclear where she got it and why she brought to school, a 15-year-old boy was shot in the head he remains in critical but stable condition, a 15-year-old girl was shot in the rest, we are told that she is going to be just fine. shannon: thank you very much. congressman adam schiff unloads on president trump during his visit to the ivy league. were going to debate his claims that republicans in congress are helping the president undermine our democracy. we ll tell you why it s sparking out outrage over black history month, stilted, on our news roundup. low-up vid. this is my cashew guy bruno. holler at em, brun. kicking it live and direct here at the fountain. should i go habanero or maui onion? should i buy a chinchilla? comment below. did i mention i save people $620 for switching? chinchilla update got that chinchilla after all. say what up, rocco. .to find you the lowest price. .on the hotel you want. don t sweat your booking. tripadvisor. the latest reviews. the lowest prices. shannon: the top democrat on the house intelligence committee accusing president trump of being a threat to democracy, during a speech today at the university of pennsylvania, here s what adam schiff had to say. the most painful realization has not been what kind of president he has turned out to beat which i think was predictable. but rather how many members of congress will be complicit in the undermining of our democracy. that has been a bitter truth to swallow. shannon: david canton is a senior political writer for u.s. news & world report. i m going to read a little bit more of what congressman schiff had to say. he said the occupant of the oval office is not a champion of democracy, the threat is now far less then the threat from within. are you surprised to see that or is that where the vitriol is no now? i m not really surprised at all. i don t know what s in the memo and i don t know what s going to happen tomorrow, but i do know that the behavior of adam shift and the democrats, their insistence on covering up the information that is in this memo is not a good look for their side of the case. if there is truly nothing to hide and i think stop hiding. what i find to be more suspicious and incriminating is that the democrats and adam schiff are sticking up for the fbi at all. was it not just a couple of years ago in 2016 that they were slamming the fbi for supposed bias against hillary clinton, that was justifiable. now when republicans are raising legitimate concerns about malfeasance, it s undermining democracy? spam a. shannon: here s what nancy pelosi had to say about the idea that the memo is good to come out. if he was releasing this memo he would not only be endangering our country, he would also be violating the rules of the congress of the united states. shannon: is that accurate, i m no expert on the minutia of the parliamentary procedure is what i ve read several accounts that said this thing is working its way through the way it should, it goes back to the committee, they can release it. is the minority with leader accurate when she says it s against the rules? there is a process to occur and i think that process is happening and i think it s why we haven t seen the memo yet. just playing those quotes, you can play devin nunes quotes, this whole process has become so politicized. i think if it was a tougher call a week and a half ago, at this point, everything has to be released. there is not only a republican memo, there s a democratic memo, i think you could go further and released the fisa applications so everything is out there. the american people are smart, this has been so politicized if all the information comes out, people are going to be able to make their own decisions if there was malfeasance against donald trump. if devin nunes made edits to this memo, the democrats can respond to that. until we see it, we re not going to really know. maybe it does clear things up and take the political sting out of it if everything is on the table for americans who are sappy, who can read through this material, it may be tough because they re going to be classified items. if there is a memo on the other side a lot of people think the lease them both. somebody who has been consistent on the issue of government surveillance is senator rand paul, here s what he said. i m the government and i record thousands of your phone calls, then i d bring it in for the fbi. if you don t describe it consistently am going to put you in jail, that would be a terrible world to live in. shannon: it s an argument to bring people together across the spectrum, there is an argument to be made about us in knowing more about government surveillance and how it works. i think transparency is necessary, rand paul described a police state in which we are not free to think and believe. i don t think anybody on either side of the aisle wants that. i think that issue has been lost in the politicization of all of this. we have been so concerned with the two competing narratives coming at us from capitol hill, the democrats who think this is a distraction from the russian investigation, the republicans who might want to distract from the russian invested investigao one wants to government to invade that part of our lives. shannon: do you think they can find common ground on the issue of government surveillanc surveillance? i would say we need surveillance in this country to protect us against terrorism and threats. in this case with the reports said as they were surveilling the trump aid. we don t know because we haven t seen what they used to get the fisa wanted to. were talking about carter page who is in the trump campaign, supposedly the russia government was trying to flip him. is that the legitimate use of surveillance? i think a lot of americans if an american was going to be turned on the other side to aid another country, we would want to surveillance in those cases. we don t want them in their private lives, i don t want government surveillance on me but if someone is acting in a way that might be but trailing stomach betraying the country. i think more americans would support surveillance. shannon: i think they want to know how it s being used. thank you both. time now for our real news roundup, taking a shot in the nfl, the georgia state senate condemning the league for turning down an ad from a veterans group. they wanted to run a police stand ad, the target of the players and others who may kneel during the national anthem. today kicks off black history month, celebrating the occasion a high school in vermont raised a black lives matter at flag with full participation of school administrators and state legislators. students at montpelier high school took turns raising the flag. it s remarkable to be able to watch this student power to do something that is so critical and important for being sure that we do have inclusive education in the state of vermont. we are reminded that all lives matter but people to forget in our culture that black lives matter. vermont has a way of leading the charge, i am so proud of the kids and the faculty here in the school board. shannon: in san jose, the city council voted to remove the statue of christopher columbus from city hall. six weeks to remove the statue or going into storage. they say columbus is a symbol of european genocide. back in the spotlight tonight, you will remember the agency targeting the conservative group during the obama administration, tonight there is closure for at least one of their groups. the story just ahead. ah, sensations. ah, it happened to your dad..uh with.. oh, look the tow trucks here! can t wait to be rescued? esurance roadside assistance lets you know when help will arrive. that s insurance for the modern world. esurance. an allstate company. click or call. you have any questions, uh.. i m good. awesome. to treat her frequent before diheartburn.xium 24hr lucy could only imagine enjoying a slice of pizza. now, it s as easy as pie. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn? the energy conscious whopeople among usle? say small actions can add up to something. humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too? turns out, it s californians it s me and it s you. don t stop now, it s easy to add to the routine. join energy upgrade california and do your thing. republicans want to do it on their own terms if the president approves it, if it goes through the proper processes, i would say that the tipping point for the white house is there is some reporting earlier this evening that christopher wray the fbi director could step down over his objections. i think that might make the white house nervous, it might make them pull back because there was some reporting that the chief of staff john kelly met with him to try to foment a compromise because that would be a disaster for the white house if they lost another fbi director. that would be a political maelstrom that they couldn t handle. shannon: the director s cut than a tough spot here between the men and women, the rank-and-file, issuing a statement thanking him for standing with them. others within the fbi like we heard from our guests talking about the fact they are embarrassed, they want this cleaned up and they want the transparency to happen, it s a tough place for director wray to be. i don t want this to turn into an attack on the fbi, i think it would be wrong for any conservative or anyone on the right to make it an attack on the entire institution, that s not true. we need them for our freedom and our democracy. the fact of the matter is there s suspicion, i think people on both sides of the aisle should want that. i think it s wrong for anyone to say it s an attack against them all. we need to be careful and make sure that we are respecting the institution and holding them accountable. shannon: we talked at the beginning of the show, the president is sharing with people these are allegations he is having with people into saying when the memo comes out he feels like it s going to be good for his case that the russia probe he never really had a fair shot. he said he s not going to speak with the president on that. paul ryan said that you ve got to be really careful not to conflate these two things, he is warning members not to tie the two things together. that s a political part, i do think the white house thinks that this will invalidate trumps concerns with the russia probe, that was stacked against him agents at the highest levels working to manipulate the laws. the muller investigation is going to go on, even if this memo comes out and there is outrage about it and people are upset about what occurred. that is not going to stop bob mueller. really the only thing that can stop him is president trump, if he decides to move on him and fire the special counsel which i don t think he s going to do at this point. those have to be two separate things but they are going to be conflated on both sides of the aisle, just watching the comments that have gone on this week. shannon: when we get the memo, certainly the results of the russia probe, those will be explosive days with plenty of finger-pointing and accusations going around. thank you for sticking around with us. are you getting ready for the big game this weekend? i m not talking about football, i m talking about the puppy bow bowl. after the break. needed to do to get an estimate was snap a photo of the damage and voila! voila! i wish my insurance company had that. wait! hold it. hold it boys. there s supposed to be three of you. where s your brother? where s your brother? hey, where s charlie? charlie?! you can leave worry behind when liberty stands with you. liberty stands with you™ liberty mutual insurance. chills, or other signs of infection, liver or kidney problems, are pregnant, breastfeeding, or plan to become pregnant. common side effects include low 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