policy? well, the president s top trade adviser peter navarro is here and my view as to why the timing of justice kennedy s retirement virtually assures that his replacement will be no, well, justice kennedy. plus, most americans disapprove of the separation of illegal immigrants from their children but republicans are in favor of it. why? i think it comes down to demographics. after comedian d.l. hughley grew tired receiving advice from white people like megyn kelly, he wrote about it. he s here to discuss his new book, how not to get shot. but first, in the president s ongoing quest to put america first, he s torn up a lot of the ways in which the country has done business. today an 850-foot-long ship will be christened here in philadelphia, the largest container ship ever built in the united states made by hundreds of union workers. on the other hand, jeters just warned the commerce department nat another wave of tariffs could force the company to raise prices, scale back its business and cost americans jobs. i want to know what you think of this question at smerconish.com. even when opposed by american multinational corporations, is president trump s trade policy in the best interest of american workers? joining me now is peter navarro. he s an assistant to the president. he s director of trade and industrial policy. he s the director of the white house national trade council. he just wrote this piece in the philadelphia enquirer. buying american can help keep the philly shipyard afloat. peter, we ll begin with the good news. talk to me about this container ship you ll christen in philadelphia today. it s going to be a great day in philly. one of my favorite cities. go eagles. 850-foot ship. the largest container ship ever built in this country. this is good news for our ship building industry. we ve lost about half the amount of people that work in that industry in an industry that pays wages of $70,000 a year. this ship is being built under the two simple rules of president trump, by american and hire american. the two pieces of legislation that govern this are the cargo reference and the jones act. basically if you have a cargo going between two points in the u.s., the u.s. requires that ship to be built, owned and crewed by americans. then cargo preference provides a similar type of catalyst. this is a great day. the ship is state of the art. environmentally friendly. low cost. and what we have, michael, around the world is foreign shipyards heavily subsidizing their shipyards, dumping capacity around the world, putting americans out of work. it s kind of like a microcosm of the whole trade problem this country faces, but this ship is going to be an important part of the fleet. a sister one is coming next year, but the philly shipyard needs some help and this administration is trying to provide that. so that good news comes on the same day that the lead story all across the country is one of general motors warning that if there is another round of tariffs it s going to harm investment, jobs and wages. respond to gm. so, the history of tariffs so far in the trump administration, we ve put tariffs on solar, dish washers, steel and aluminum, has been a flood of new investment in this country, both by domestic sources and by foreign sources, which we welcome. for example, the day we announced the steel and aluminum tariffs in hogsville, kentucky, central aluminum basically announced $150 million modernization and expansion. well, u.s. steel announced the re-opening of facilities in granite city, illinois. the solar industry, which is just hammered by the chinese unfair trade practices, this was an industry which we invented, is now making a strong comeback. we have dish washers, everybody needs one of those, will be built more with american hands. so gm is an american company but it s also a multinational. it likes to shape our jobs offshore. even the gm cars that are built here, about half the content is foreign. that doesn t help detroit. so what i would urge everybody to do when multinational companies like gm issues these types of warnings, take it with about a whole can of salt because, for example, the price increase in a car from gm based on the steel tariffs is about the price of a luxury floor mat. a lot of smokes and mirrors with gm and others, but what we ve seen is that the trump tariffs are working. the bigger picture here, michael, let s understand two things peter, can i get a question in on this? absolutely. it s not just gm, right? it s harley-davidson. i can think of no more iconic brand than harley-davidson now exporting some of their production activities. the president tweeted. i want to put that tweet up on the screen. here is what your boss had to say with regard he said they surrender, they quit. what was harley supposed to do if the cost of bikes was going to rise by about $2,000 each? so harley, i think for america here out there was speaking with a little forked tailpipe. for example, they closed a facility with 800 workers in kansas city to ship that production offshore to thailand. they love harley, unfortunately, iconic though it may be, loves to ship their production offshore rather than build here. i think president trump felled betrayed legitimately by this because we ve done so much for that company, including the tax bill. the tax bill is a tremendous boom for corporations and a great move for american workers. what it does is stimulates investment here and production here. it s unfortunate that companies like gm and harley are playing into the hands of foreigners who basically exploit us. and the bigger picture here is that we re as president has said, we re the world s piggybank. we ship off about a half a trillion dollars every year, michael, in the form of a trade deficit. we transfer our wealth, our jobs and our factories abroad, and at the same time, this is no coincidence, we have some of the lowest tariffs and some of the lowest non-tariff barriers in the world. all the president wants is free, fair, reciprocal and balanced trade. so this is go ahead. here is the question, i guess. the question is whether harley, and there are many other instances. they got the advantage from the tax break but those workers seemed to get the shaft. i think what i hear peter navarro say, i think 9 drive shaft, i think. the multinationals don t have are the back of the workers, but your argument is that the trump administration does. is that it in short order? that s exactly right. that s why president trump has the strong support of the men and women in this country who work with their hands, whether it s in the shipyards of philly or the factories in detroit. i mean, the problem we have, michael, is that a lot of our called factories over the last two decades have been turned into assembly plants. you go down to south carolina, for example, where the germans have put a plant in to make the bmw suv series. guess what? 25% of the content is u.s. while the engines are made where? they re made in bavaria, germany and austria. president trump thinks what we need to do is have more production here. we have to have a strong manufacturing and dense industrial base. the president said economic security is national security. i got it. it s not that we have a shipyard, it s that we have a military that we can that we can have to defend ourselves and all of our allies, by the way, who are basically taking us to the cleaners on the trade deficit. okay. i want to ask a three-parter, but you can handle it. i ll give it a shot. all right. here we go. axios said yesterday that the president is often heard to say that we get f ed by the world trade organization. three-part question. first of all, do we? yes. second of all, has he said that to you. take them one at a time, do we get f ed by the wto. here s the problem yes or no. i want to go through all three. number two, has he said that to you? what he says to me in the oval or the roosevelt room is between me and the president, what he has said publicly is that the world trade organization has a set of rules which disadvantage this country and contribute to unfair trade and instability in the global trading order because of that. all right. number three. are we getting out? that s the president s decision. what we are trying to do with the world trade organization is basically get that organization to a place where we have free, fair, reciprocal and balanced trade. i ll give you an example. under the rules of the wto right now, we charge 2.5% tariffs on automobiles coming in from germany or from china. well, guess what? china can charge 25% tariff and germany can charge 10% tariff. now, how is that fair? but that s the rules of the world trade organization. so what all we re trying to do basically is to bring about a restructuring of the global trading order, which is actually good for free trade because it will leave to fair, balanced, reciprocal trade. we would love zero tariffs, zero non-tariff barriers, zero subsidies, zero currency manipulation. these are the kinds of things that plague the trading system. peter americans know what s happened over the last 15 years. it s not been pretty. one more. quickly if i can. now it s canada. ketchup, yogurt, whisky, lawn mowers, motorboats. i guess my final question is this, is this what winning looks like when we re at odds, our government with gm, harley-davidson, our neighbors to the north. apple pie seems to be the only thing on the list right now that you re not fighting over trade. respond. here is what winning looks like, a 4% gdp growth rate, the lowest unemployment for blacks and hispanics in history, a historically low unemployment rate. wages rising. productivity rising and investment flooding into this country because of the trump trade policy. so we are going to move forward with that. the president has a sound strategy. in terms of canada and mexico, what we need to do next with them is simply negotiate a fair nafta deal for this country. for example, with mexico, a nafta deal with mexico would be tremendously beneficial for both countries. if we could regain the supply chain between these two countries for this hemisphere, that would be a great deal. i understand we re getting flooded with social media reaction. before you go, katherine, put one up on the screen so peter has an opportunity to respond with me. give us a taste of what s come in. smerconish, how is losing your job going to be good for the american worker? that is the result of trump s trade policy. look at harley and soon gm. do you want to respond to that, peter? sure, it s counterfactual. you just look at the data. we have the lowest unemployment rates we ve had for a very long time. there have been seven quarters, michael, where the unemployment rate has been below 4% since the 1970s. guess what, the last two quarters were below 4%. lowest unemployment the president is very proud of this. lowest unemployment rates for blacks and hispanics in history. part of that is because of the trade policy. what we ve had is a flood of foreign goods and effectively dumping cheap slave labor on to global markets. the president says that s not the way free trade s supposed to be. so this president is getting the job done. the trade policy is resulting in more investment in this country. it s working perfectly. we re going to stay the course. donald j. trump is visionary. he s willing to do what the past presidents over the last 20 years have been not only unwilling to do but have gotten us into the mess with nafta and china and the w tompt o ato and korean deal and all of that. we re turning it all around and it s all p.resident donald j. trump. what policy? twitter rants to which his staffers must respond and make into some semblance of policy? barth asks a good point. is there some coherence to all of this, peter. from the sidelines, a lot of it seems to be seat of the pants. quick response, if you don t mind. free, fair, balanced, reciprocal trade. that s all we want. when we encounter anything other than that, the president responds with strong trade policies which are designed to simulate investment here, to put facilities here that make things so that men and women in this country can have good jobs and good wages. it s working perfectly. just look at the numbers. peter navarro, thank you for being here. look forward to being in philly today. i wish you could come down to the shipyard and take a bottle of champagne. it s hot. i ll take the champagne, believe me. thank you, peter. peter inspired today s poll question at smerconish.com. go and answer this during the course of the hour. even when opposed by american multinational corporations, is president trump s trade policy in the best interest of american workers. pretty much what he argues and i ll be curious to see what you say, look, we ve got the backs of the workers more so than gm and harley. go of the vote on that question. up ahead, what s behind the gop lack of empathy for illegal immigrants? a new study suggests the fact that white america is disappearing. justice kennedy made a bombshell announcement this week. i for one think his timing will undermine his legacy and i ll tell you why in just a sec. show me the movies. 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(haha) getting settled. rewarded! learn more at theexplorercard.com and get. rewarded! billions of problems. morning breath? garlic breath? stinky breath? there s a therabreath for you. therabreath fresh breath oral rinse instantly fights all types of bad breath and works for 24 hours. so you can. breathe easy. there s therabreath at walmart. and i recently had hi, ia heart attack. it changed my life. but i m a survivor. after my heart attack, my doctor prescribed brilinta. it s for people who have been hospitalized for a heart attack. brilinta is taken with a low-dose aspirin. no more than 100 milligrams as it affects how well brilinta works. brilinta helps keep platelets from sticking together and forming a clot. in a clinical study, brilinta worked better than plavix. brilinta reduced the chance of having another heart attack. .or dying from one. don t stop taking brilinta without talking to your doctor, since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don t take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. slow heart rhythm has been reported. tell your doctor about bleeding new or unexpected shortness of breath any planned surgery, and all medicines you take. if you recently had a heart attack, ask your doctor if brilinta is right for you. my heart is worth brilinta. if you can t afford your medication, astrazeneca may be able to help. so everybody has an opinion about the administration s practice of separating illegal immigrants from children. in a new cnn poll when asked, two-thirds of americans disapprove. but amongst republicans, check it out. a majority support the policy. why? i think a simple answer, demographics. in 2016, president trump won 62% of white men, 52% of white women but he won no other racial or ethnic group. i talked demographics when i was on with bill maher last weekend in our discussion of the border crisis. what drags drives the lack of empathy that you re referring to is demographics. i think it s concern in certain quarters about their diminishing role in our society. the truth is that american kids, the youngest kids today, don t look like american elders and by 2045, whites will comprise less than 50% of the population. i think a lot of the bad behavior you re referring to is preying on people s anxiety about those numbers. so does the data support that sound bite? joining me, one of the co-authors of this study, dr. seinz. he s the demographer at the university of san antonio. how do i do with my sound bite? pretty good, michael. pretty good. so the recent data now shows that deaths among whites outnumbering births among whites. what drives this? tell us more about it. yes, what you find is with this dynamic is really an aging of the white population. you are talking about 20% of whites being 65 and older. median age of about 45. so you can imagine the place in the life course what people are doing at 45. they re already outside of the child bearing ages, which is 15 to 44. what demographers suggest is that category. so you already have women, for example, that are over age 44. and then you also have a decline in the fertility rate that s taken place, particularly with the impact of the great recession. really impacted not only white women but other women as well from other racial and ethnic groups. but it had a particularly strong impact on the white women because of the aging and there s fewer white women who are producing children. there s no 35% of women, females are 15 to 44 years of age. so it is these dynamics that are producing an older age population for the whites where you have very few individuals in the younger age categories. the white population, you already have more elderly than you have children in that population. well, here s a takeaway, and i think a simple way of saying some of this. if the current trends continue, by 2045 the nation will be less than 50% white. true? correct. yes. and the political implications of this are very significant. explain what it means in a state like, say, texas. texas, you see these demographic trends have already been playing out. right now in texas, the latino population is about 39%, 40% of the population. whites are about 41% of the population. demographers predict by 2022 latinos will become the largest racial or ethnic group in the state of texas. yet, when we talk about politics, there is a significant lag period here with respect to demographic strength translating to political power. so here in texas, for example, we have about 30%, 1/3 of the latino population are less than 18 years of age. so these are individuals not eligible to vote. and then you also have a certain portion of the population that are here without being u.s. citizens. they may be here legally, temporary residents, et cetera, but they are not u.s. citizens so they cannot vote. it s a significant portion of the population in texas that cannot vote. so you have that lag period between demographic strength and political power. in addition i understand. i understand. but having said that but having said that, if the current alignments maintain themselves, meaning those groups that tend to vote for each party and that party s candidates long term, the gop has got a problem. that s the bottom line. that s how i apply your demographic information to the current political dynamic. yeah. one thing that is another point to consider with respect to texas is that the white population in texas is growing, still growing faster than the white population in other parts of the country. and that has been the case because of a lot of migration, internal migration from other states to texas because of the good economy in the state of texas. and that has brought also a lot of whites from other parts of the country moving to texas. and some of the latest data suggests that about 60, 65% of whites that are moving to texas are coming from red states. not necessarily that they re republicans themselves but they re coming from areas that are more red than blue. understood. there s a lot to comprehend, but white births are now outnumbered by white deaths in a number of states and the white population could be less than 50% by 2045. dr. saenz, thank you for being here. thank you, michael. a lot of reaction to this as well via facebook and twitter. what do you got, katherine? smerconish, is it that white america is vanishing or that white men s grip on power is vanishing? well, warrior owl, i think it s probably a combination of both. don t you? up ahead by retiring when he did, did justice kennedy pretty much ensure that whoever succeeds him will not be another justice kennedy? i ll explain. gentlemen, i have just received word! the louisiana purchase, is complete! instant purchase notifications from capital one . technology this helpful. could make history. what s in your wallet? does your business internet provider promise a lot? let s see who delivers more. comcast business gives you gig-speed in more places. the others don t. we offer up to 6 hours of 4g wireless network backup. everyone else, no way. we let calls from any of your devices come from your business number. them, not so much. we let you keep an eye on your business from anywhere. the others? nope! get internet on our gig-speed network and add voice and tv for $34.90 more per month. call or go on line today. he was never the chief, but arguably no recent supreme court justice was more important. but did the timing of anthony kennedy s exit contradict the rational role that we ve ascribed to him. as adam liptak, the new york times supreme court reporter wrote, if influence were the deciding factor, it would be more accurate to speak of the period since 1988 as the kennedy court. so often he played the role of tie-breaker on a court comprised of nine members. he was the fifth vote, wrote the opinion in citizens united which opened the door to unlimited campaign spending by corporations and united nations. the fifth vote in bush v. gore which do you doed the 2000 election for bush. the fifth vote in heller which recognized an individual s constitutional right to own guns. the fifth vote in shelby county versus holder which struck down a significant portion of the voting rights act. pretty conservative stuff, right? but he voted with the majority in the 1992 abortion case that upheld roe v. wade. that was planned parenthood versus casey. the fifth vote in ropers versus simmons which barred capital punishment for crimes committed before the age of 18. he voted on the winning side of close decisions 76% of the time in his career. indeed, he formed those majorities so often. it was justice kennedy that was the swing vote. and, therefore, we credited him with being the stabilizing influence, the rational one. the nonideologue on a court where it seems that every other justice s vote was predictable. but now that seems contradicted by the timing of his exit which was announced in a letter addressed, my dear mr. president. surely he could have waited six months until after the running of the midterm elections at least raising the possibility that his successor, who will require senate confirmation, would be more in line with his independent thinking than the ideology of his current colleagues. instead, he s enabled the swift confirmation of his successor where the party that nominated him 31 years ago has control of the white house and the senate. in so doing, he s denied the country a referendum on the politization of the courts which is not to say the midterms will change the outcome. the republican majority in the senate is currently two votes meaning that the change of just one seat will create a 50/50 tie. but as philip bump pointed out in the washington post this week, thanks to mitch mcconnell s fanagling during the fight to confirm gorsuch, supreme court nominees are not subject to the filibuster, meaning only 51 votes are needed to confirm. unfortunately for mcconnell, though, that s exactly how many votes he has. if he loses one vote, the senate is split 50/50 and vice president pence can cast the tiebreaker. if he loses two, president trump s nominee to replace kennedy fails to be confirmed. meaning that if trump nominates someone who two centrist republicans find unpalatable, perhaps a fervent opponent of abortion, who collins and murkowski can t support, then mcconnell is in trouble. still, the midterm map, it favors republicans. of the 49 seats held by the ds, more than half, 26, are up for re-election this year. among seats held by republicans, only 9 are. and so the democrats need to win 28 of the 35 seats that are being contested this year to take a majority of the senate. and that s a steep climb. here s my point. had justice kennedy waited a few more months, he would have empowered the nation to decide the next nominee instead of facilitating what will probably be a rubber stamp. and by leaving on the republicans timetable, kennedy has sown the seeds of the reversal of much of what he stood for. if instead he had waited until after the fall hexes and if the democrats had regained control of the senate, the next justice would be a bipartisan consensus pick. somebody like anthony kennedy. joining me now, misha, a law clerk for justice kennedy. is currently the wisconsin solicitor general. respond to my commentary. i m, of course, taking issue with the timing of the justice s departure. thank you so much for having me on. i think i would disagree with your characterization, obviously, justice kennedy served for quite a long time. one of the longest serving justices in this country s history and he well earned his retirement. with regard to the kind of replacement that president trump is likely to name for justice kennedy, we really only have one data point. and that s justice gorsuch who is a former justice kennedy clerk. in his first full term of the clerk which just passed, justice gorsuch voted aligned with justice kennedy 86% of the time which is among the highest agreement rate on the court. so i think these kind of moderate versus not moderate characterizations are not really taking the full scope of the kind of decisions justice kennedy has made, the decisions the justice gorsuch has made so far and what we can look forward to going forward. well, of course you never know what you re getting, right, until the individual actually puts on the robe. your former boss was a ronald reagan appointee. tell me if i m right in this respect. it seems to me that he never really championed himself that role as number five. we always wonder which way is it going to be, 5-4. but it tells me justice kennedy didn t value his role as being the decider. am i wrong? i think he said in a public forum once he was asked about being the, quote, swing vote, and he said, i don t swing, the cases do. the best example of that is the first case you talked about here at the top, citizened united. you said he provided the fifth vote in citizens united, which i think implies he was the swing vote in that case. but, in fact, justice kennedy for years leading up to citizens united has been saying we need to give high protection to speech during campaigns. in fact, he was in dissent for years on that issue and he brought his colleagues along to affirm the broad first amendment rights to speech in elections just like he favored broad first amendment rights across the board. in a case like citizens united, justice kennedy was far from the swing vote. he was the most consistent defender of the first amendment for years and the court, in fact, swung to his point of view. imagine final question a different scenario where perhaps justice kennedy before the midterm telegraphed his imminent departure from the court and now americans would be empowered to go out and cast ballots in their respective senate elections knowing that they were going to play a direct role in whomever would sit on the court. we don t have that now. we ve lost that because of his timing. you get the final word. i ll say this. the american people should take the supreme court into account whenever they vote. true. they obviously took it very strongly into account in the presidential election in 2016. even though justice kennedy s replacement is likely to be named, the senators that the citizens will vote for the upcoming elections are very likely to vote one way or another for another supreme court justice somewhere in the next six years. so citizens should think about what kind of justice do they isn t do they want someone that is going to legislate from the bench or someone that s going to follow the original meaning of the constitution or something else entirely? they should take that into account as they cast their ballots in november. misha, thank you for being here. thank you so much. let s check in on your facebook and twitter comments. what do we got? justice kennedy knew exactly what he was doing and chose his time to do it precisely now so potus could appoint his successor. kennedy knew that if democrats get a majority in the senate, a ninth supreme court justice would not be confirmed in the next 2 1/2 years. michael, there s no justification for that opinion. none whatsoever. what makes you think the ds would have held up the process for two years? because the rs did that to obama with merrick garland? i don t think people would have stood for a two-year vacancy on the supreme court nominee. and what happened to merrick garland was wrong. vote at smerconish.com. we had peter navarro here. even when opposed by american multinational corporations, is president trump s trade policy in the best interest of american workers? still to come comedian d.l. hughley says an appearance on megyn kelly s show a couple years ago changed his life. he s about to tell us how. sometimes a day at the ballpark is more than just a day at the ballpark. 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(vo) download the atom app and get $5 off your first ticket. when comedian d.l. hughley went on fox news to talk about the killing of philando castillo by a police officer, anchor megyn kelly said something that stuck with him. you re making assumptions because you don t know what happened. all we have is her testimonial which doesn t capture the actual event? do we know whether she s credible? he had a permit to carry a gun. but that doesn t answer any of your questions. he pulled the firearm on the officer, if he didn t disclose it. why on earth here s what we do know. he had a permit to carry a gun. when you get a permit to carry the gun they tell you exactly how to act. when a police officer pulls you over. that doesn t mean he threatened the officer? you re willing to give him a presumption of innocence. the law giving them the presumption of innocence. i m just saying we don t know the facts. that experience became the touchstone for his new book how not to get shot and other advice from white people. comedian d.l. hughley joins me now. the hollywood reporter says he s the number one comedian in terms of social media ratings. serious subject but a lot of fun along the way. let s start with the fun. you go through names, what they are in the black community versus what would they be in the white community. put that chart up from his book. darnell is dustin. jamal is jack. aliyah is abigail, jasmine is catherine. now it gets fun. darius, chris wallace. jada, kellyanne conway, malik, reince priebus, tiara, ivanka trump. you had fun but you have something serious to say in this book. explain. thank you. ultimately, i wanted to that conversation angered me so much and rather than being angry and getting frustrated, i put it into action. i wanted to write a book that was both satirical and had factual data. i never forget my gig is to make people laugh, but i hope to be able to make america america is always talking about we need to have a conversation about policing in the black communities. this is my entree into the conversation. ultimately my job is to make them laugh, but more than that it s to make them see. i worked very hard on this book and i m very proud of it. but it was that mindset that megyn kelly expressed is why these things keep happening. it s that benign it s benign racism where you can go, no matter what we see, we re going to ascribe it to we will blame 12-year-old boys in cleveland for having toy guns and being shot down. it s that kind of mindset that allows these things to happen. and my goal was, how can i see how can i show them what i see and let them see it in a way that makes them that they re less threatened by. you deal with that which you most often hear from guys who look like i look when there is one of these shootings like just comply with police orders. don t talk back. or my favorite, and i ve said it. i ve got to admit. i ve said it. don t break the law. sure. yeah. we have courts for people who break the law and jails for people who break the law. police aren t they re supposed to bind you over for trial but ultimately, we re saying we d rather have policemen who decide that you not complying with them is a death sentence. i don t think ultimately that s what we would like in a society. i think when you look on the face, it seems absurd to say, i heard giuliani say teach your children to respect the police. you can t teach your children to clean their room, but we re putting the onus on a child rather than a trained adult who is trained in policing. these ironic things people say are the motivation for writing this book. here s another area where you had some fun, but you made a serious point. popo potpourri. put up the image from d.l. s new book. what is po-po potpourri and how do i get some? it rids the air of the visible marijuana smell they always say they smell. we didn t find any marijuana but your car wreaks of the scent of marijuana so they ll be less likely to stop you. you also go through music that perhaps black folks should listen to so they re less threatening. the dave matthews band, u2, journey or, quote, that i m proud to be an american song. all the takeoffs, like the names, they re inherent biases with employers and teachers. a name is a kind of the way that they will treat you. we know that a young teenager in florida was shot for playing loud music. so maybe if it was neil diamond, he wouldn t have been motivated to shoot him. ultimately comedy has always been my way to kind of express the things that i see. and so it s just a juxtaposition i found hilarious. i m not giving it all away for free, but in the epilogue you say the only way to really protect yourself is to not be black. right. ultimately, we say things like there s a shooting. there s a young kid that just got shot in pittsburgh. he was a 15-year-old boy. he was running away. he was shot in the back three times. the police officer who shot him was fired in january for being a liar and being brutal. hired. 90 minutes later killing an unarmed black kid. we see these patterns. these brutal guys assigned in places where the propensity for these things are likely to happen. and just if you look at what he said, i m not going to this police officer, michael rosenfeld, said i m not going to answer to anybody except god and the president judge. i m assuming he meant presiding judge. if you don t like it, you know what to do. if you kill somebody and you know even if you had to do it, to have that callousness and to put that out and just that you can kind of antagonize and it really rather than be angry, i decided to be an author. i laughed and it was thought provoking at the same time. thank for being back and congrats on how not to get shot. thank you. appreciate it. last janichance the skroet be we give away the results of today s poll question. even when opposed is president trump s trade policy in the best interest of workers? 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president trump left washington for west virginia today with no comment about the search for a supreme court nominee, but the white house tells fox news the president spoke with three more candidates today. sources say they include appellate court judges joan larson and thomas hardeman and utah senator mike lee bringing to seven the total number of candidates the president has interviewed to replace justice kennedy. despite critics charge that president trump is seeking to overturn roe vs. wade, the white house insists there is no litmus test. the main thing the president is looking for our people that set the qualifications that you would want in a supreme court justice. a tremendous intellect, someone who will stick to upholding the constitution, and somebody who has great judicial temperament. the white house is also only too happy to turn the waters and speculation surrounding the president s pick. this afternoon, confirming the president s conversation with senator lee. lee told fox news i thought it went well. it very hard predict. sources involved in the selection process to tell fox news it s hardly likely that he will become the next supreme court justice. white house officials were amused to watch stories of his possible elevation to the supreme court catch fire. as the president searches for the next supreme, he s also engaging the supreme leader of north korea. secretary of state mike pompeo will travel to pyongyang on thursday. the white house has refused to confirm reports that north korea is making improvements to several uranium your richmond sites which will appear to contradict his promise to dismantle his nuclear program. are not going to confirm or deny intelligence reports. i m not going to comment on that. we had good meetings just a couple of days ago. the goal is the same as it s always been, denuclearization and that s what we will continue pushing for. again this week president trump said the deal with north korea could fall apart, but he remains optimistic tweeting not for me we would now be at war with north korea. while that statement may be open to debate, the president s tough stance on immigration has found some unlikely company. german chancellor angela merkel narrowly avoided the breakup of her government by implementing new border controls. we have found a good compromise after tough negotiations and difficult days. the cohort liberal immigration policies where the target of frequent attacks by president trump. the german people are going to riot. they are going to end up overthrowing this woman. i don t know what she s thinking. they have millions of people pouring into germany and now they are not stopping them. today press secretary sarah sanders dodged the question whether the president feels vindicated by her about-face. the presidents focused on trying to fix the immigration problem we have here in the united states. he would like to see congress, particularly democrats, stop political grandstanding and actually come up with some real solutions and work with us to fix the problem. what are the chances of getting an immigration reform bill? to quote muhammad ali, slim to none and slim just left town. there may be little oxygen on capitol hill left for anything else. jon: john roberts at the white house, thank you. the trump administration announced this afternoon it is reversing an obama era policy that encouraged colleges to consider race during the college admissions process. correspondent garrett tenney garrett tenney reports tonight on what brought them to this decision. today the justice department announced its getting rid of of obama era guidelines to promote diversity by using race in college initiated stomach admissions decisions. the guideline from 2011 and 2016 laid out legal recommendations looking for affirmative action. firm s doj argues that the obama era guidance isn t legally sound and goes beyond precedent on that issue. it doesn t change the law but supporters of the move hope it pushes colleges to change. it will be one more step in discouraging universities and colleges from using race and ethnicity as a criteria for admissions. that should not be happening in america in the year of 2018. attorney general jeff sessions has now rescinded dozens of guidance documents issued by the obama administration after launching a review last year. doj determined a lot of the obama era policies were inconsistent with the constitution, saying today the executive branch cannot circumvent congress or the courts by creating guidance that goes beyond the law and in some instances stays on the books for decades. but critics suggest this reversal is a politically motivated attack on affirmative action. all across the country we are seeing a coordinated series of attacks on race-conscious policies in the higher ed context. it sends the wrong message to administrators and college presidents all across our country that are working hard to ensure diversity s on their campuses. the supreme court last held that affirmative action was constitutional in 2016. the deciding vote in that case was justice anthony kennedy, who in his opinion left the door open to future legal challenges. with his retirement, it s just another example of how his successor is expected to have a major impact on the court for years to come. jon: garrett tenney, thank you. president trump wants nato countries to pay their fair share for defense and is making demands of several nato leaders and allies. national security correspondent jennifer griffin has a report from the pentagon. in a series of letters that became public after they were sent to european leaders, both president trump and his defense secretary jim mattis have warned the u.s. is losing patience with nato allies not pulling their weight and defense expenditure. a june 12 letter from mattis to his british counterpart warned britain could forfeit its special relationship with the u.s. if it does not spend more. all of this week before a nato summit in brussels and its threats from president trump to pull u.s. troops out of europe and shutter bases in germany if it does not meet its nato obligations. the united states puts over 4.5% of the gdp into nato. it wants other countries to step up. they have a commitment to meet the 2% threshold. the u.s. actually spends closer to 3.5% of its gdp on defense, still far more than the other 28 nato allies. britain is one of just four nations currently spending more than 2% of their gdp. for president trump, it has become a rallying cry. we are the piggy bank that they like to take from. germany is paying 1% of a much smaller gdp. that doesn t work, folks. it doesn t work. so i think we should pay the same as germany. former defense secretary robert gates raised the issue in 2011. future u.s. political leaders, those for whom the cold war was not the formative experience that it was for me, may not consider the return on america s investment in nato worth the cost. president bush and obama both pressed nato allies to pay their fair share, estimated at 2% of gdp. president obama famously referred to some as free riders. going forward, every nato member state must step up and carry its share of the burden. by showing the political will to invest in our collective defense. the allies agreed to ante up by 2024. while pentagon officials agree nato countries should spend more, former top u.s. commanders who served in europe warned it would be a colossal mistake for president trump to pull out the 32,000 u.s. troops currently in germany suggesting it would simply be a win for russia. jon: jennifer griffin at the pentagon, thanks. for the short trading day ahead of the holiday the dow dropped 132, the s&p 500 lost 13 and the nasdaq finished down 65. as americans hit the road for the holidays the average price of a gallon of regular gasoline, $2.86, the highest level for the july 4th period in years but still about $0.10 less than a month ago. republican congressman jim jordan is facing accusations of ignoring allegations of sexual abuse by a by a doctor t ohio state university. three torments till my former wrestlers told nbc news that it was common knowledge that he inappropriately touched players during appointments. now congressman jordan was assistant wrestling coach at the university from 1986 to 1994 and is denying any knowledge of that abuse. his spokesperson today is saying he never saw any beers, never heard about any abuse and never had any abuse reported to him during his time as a coach at the school. he has not been contacted about the matter but will assist them in any way they asked because of what is alleged is true with the victims deserve a full investigation and justice. male athletes from 14 sports in the university have reported alleged misconduct by strauss. strauss died in 2005. 12 boys and a coach are no longer alone in a flooded cave. they ve been trapped there for more than a week. seven members of the thai navy seals, including a doctor, joined them in the cave, but a senior foreign affairs correspondent even as rescuers make it in, they still face challenges in getting them out. how to get these kids out of a mile deep cave in northern thailand. that s the challenge facing rescue teams now. many people are coming. the boys, aged 11-16, and their 25-year-old coach have been practicing soccer since ten days ago when they decided to explore a nearby cave. heavy rains flooded the cave trapping a deep underground. after days of frantic searching, including u.s. military service members from japan, they were found alive. i have to think the international community in assisting us. this would not have been possible if we didn t help each other. the 13 are said to be in stable condition. they ve been living off water dripping from the cave walls but they ve had nothing to eat. we have given the boys food, starting with easily digested and high protein food with enough minerals. getting those trapped out is a challenge. it waiting for flooding to receipt or drilling a tunnel could take months with more rains forecast, officials are considering assisting those trapped to dive their way out with special breathing gear, also very tricky. once the cave flood seriously again, with the amount of water going through in the current and the visibility and water, it may be that diving operations will become impossible. for now, family and friends who have been waiting for joe are their loved ones are alive. when you think about such a problem set when the outcomes could have been far worse and to have such a miracle story, i don t see how you couldn t be believing in humanity. for now rescue teams continue to pump out water from the caves to keep the boys alive and to keep hope alive that this miracle story ends up well. jon: greg palkot, thanks. a former i.t. aid to congressional democrats has pleaded guilty to bank fraud. pleaded guilty to making a false statement on an application for a home equity loan. once worked for congresswoman debbie wasserman schultz among other lawmakers and was investigated for possible cyber breach. investigators determine federal charges were not warranted in that probe. congress sets another date with fbi agent peter strzok over his anti-trump text. this as a senate panel announces it agrees russia preferred a trump rather than a clinton presidency. catherine herridge joins us live with more. catherine, good evening. thanks, good evening. the senate intelligence committee released an unclassified report backing up the 2017 intelligence assessment that found restroom wanted to down damage the liver clinton, harm or elect ability and over time the russian government developed a clear preference for donald trump. when the report was released in 2017 there was some daylight between nsa, the fbi then led by director james comey, and the cia, then led by director john brennan over the key findings. senate investigators interviewed analysts and concluded the differences were not politically motivated. the senate report also confirmed opposition research compiled by former british by christopher steele and paid for by the dnc and clinton campaign did not play any role in the 2017 assessment because the information was considered unverified. in a separate development, a federal judge ordered special counsel lawyers and former national security advisor mike flynn to appear in a d.c. court on july 10th after both sides ask for most more time for thed time. since the december guilty plea, pointing to a republican drafted congressional report that found andrew mccabe and fbi director james comey told congress their agents found no signs of deception during his interview about his russian context. legal analysts are warning against jumping to any conclusions. it s kind of tough to unring that bell. he has stood up in court, he has said he lied. he has said the circumstance of the lie. if he undid it, it all goes away, his protection goes away on everything else as well as this. they also issued a subpoena for fbi agent peter strzok to publicly testify on the tenth. he is one of two agents who interviewed flynn. jon: catherine herridge, thanks. up next, stories from the border from texas to israel. but first, here s what some of our fox affiliates around the country are coming to me. fox 40 in sacramento, where firefighters are still trying to get the upper hand over a massive wildfire in sparsely populated areas in the northwest of the cities. that fire has grown to 109 square miles. fox 25 in boston, where the governor is hoping to get guns out of the hands of people considered a danger to themselves or others. the so-called red flag measure will allow a relative or someone else with close ties to a legal gun owner to petition a court for a 12 month extreme risk protection order if the individual was exhibit any dangerous or unstable behavior. if the gun owner is allowed to appeal the decision. and take alive look at st. louis from fox 2. the big story there, the reopening of the famous gateway arch. the arch is back open after undergoing five years of renovations to make the national monument more accessible. and that is tonight s live and rainy look outside the beltway from special report . 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? for all-day, all-night protection. no mathere are over 10,000 allstate agents riding sweep. call one today. are you in good hands? a hotel can make or break a trip. and at expedia, we don t think you should be rushed into booking one. that s why we created expedia s add-on advantage. now after booking your flight, you unlock discounts on select hotels right until the day you leave. add-on advantage. discounted hotel rates when you add on to your trip. only when you book with expedia. my lineage was the vecchios and zuccolis. through ancestry, through dna i found out that i was only 16% italian. he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian was eastern european. this is my ancestor who i didn t know about. he looks a little bit like me, yes. ancestry has many paths to discovering your story. get started for free at ancestry.com jon: right now we are awaiting president trump s remarks at the salute to service dinner in west virginia. but first, his epa administrator scott pruitt is denying reports that he personally asked the president to fire attorney general jeff sessions and let him run the justice department. pruitt told fox news the story is 100% false, however just a short time ago a white house spokesperson said the president is looking into the reports that he calls troublesome. he added that the president has been very concerned about reports of possible ethics violations by administrator pruitt. a federal court is blocking the trump administration s zero-tolerance policies towards immigration saying it must stop putting legitimate asylum-seekers into tension. correspondent casey stegall with what this means for one border crossing in el paso. in response to a joint lawsuit filed by the aclu and others, a federal judge has determined at least five ice field offices around the country were not affording asylum-seekers their full rights. judge states this opinion does no more than hold the government accountable to its own policy, which recently has been honored more in the breach than the observance. he issued a temporary injunction ordering ice to stop what the suit calls arbitrary detention of legitimate asylum-seekers. the court points out long before enforcement of the zero-tolerance policy began, directives were already in place on how to handle asylum cases. screenings are given to those individuals to see if there is credible evidence they are indeed fleeing persecution in their home countries. if they pass, they are eligible for humanitarian relief so they are not detained as their case winds through the court. the ruling came down as a delegation of top leaders within the catholic church traveled to the border in brownsville, texas. we also have to be worried about the human voice, face and lives of those to come to us because they are so fearful of where they live. the bishops met with law enforcement, prayed with those in custody and even held mass. and while they praised the work of hhs, federal agents and everyone they had met with, they also urged people to look at this as a humanitarian issue, not a political one. when you have the opportunity to sit down with a family, liberal labels and conservative labels melt away. back out here live on the texas-mexico border tonight, the white house has pointed to smugglers and violent criminals will also try and claim asylum, in other words exploiting the system since they knew in the past it could potentially make them eligible for earlier release. it s not clear to make if the doj will fight this latest injunction. jon: casey stegall in el paso. thanks. on another border, syria s neighbors to the south are not accepting refugees, even as they continue to crowd along the borders of israel and jordan to escape the deadly civil war there. but as chief correspondent jonathan hunt reports from israel, despite keeping refugees out, they are not leaving them high and dry. the syrian refugees keep coming and more tense go up daily to provide them shelter from the searing heat at their encampment on the israeli border and on the border with jordan, which says it cannot take anymore refugees having admitted 1 million since 2011. israel too says it will not open its border because israel suspects rebels are among the refugees, but like jordan, israel is delivering tons of ai aid. we were alongside one of the aid trucks heading to the border last night under cover of darkness for security. corn, bread, other food is going to go under military escort and here s how the aid drop s work along the sensitive border. the israeli army opens up a section of the fence and then the food, medicines and other supplies are draft on the syrian side. the israeli army then closes off that section and pulls back. it s only then that syrians are allowed to move up to the fence, take the aid and start handing it out to the refugees. the flow of refugees is driven by the march of syrian government troops. in this video, provided by the syrian government, soldiers shout their allegiance to the president as they apparently retake control of towns in southwestern syria previously held by the rebels, against whom the government has fought this seven year civil war. and as syrian forces continue their operations largely unimpeded, it is clear that the major powers involved, the u.s., russia, and israel, all decided some time ago that it is in their best interest for the president to stay in power for now. there are obvious risks in that policy, but it is based on the simple calculation better the devil you know. jon: chief correspondent jonathan hunt. thanks. up next, another obamacare checkup as health care premiums price thousands out of the markets. first, beyond our borders to me. the former prime minister of malaysia is under arrest in connection with a theft and money laundering investigation. the arrest comes during a probe into a $10.6 million transfer to the bank account. at least five people were hurt when a pedestrian bridge collapsed at a mumbai train station during heavy rains. the concrete slab fell onto empty train tracks damaging part of the platform roof and electrical system. and in france, greenpeace activists say they crashed a drone and a radio controlled plane into a french nuclear plant to highlight the lack of security around the facility. the group released a video showing the crash into the tower. they say the aircraft were harmless but demonstrate that lacks nuclear security in france. just some of the other stories beyond our borders tonight. back in this country, we are waiting for president trump to take the stage in west virginia for his remarks at a salute to service dinner on this, the day before independence day. we will be right back. you okay? eczema. it s fine. hey! hi! aren t you hot? eczema again? it s fine. i saw something the other day. myeczemaexposed.com. your eczema could be something called atopic dermatitis, which can be caused by inflammation under your skin. maybe you should ask your doctor? go to myeczemaexposed.com to learn more. at&t provides edge-to-edge intelligence, covering virtually every part of your business. so this won t happen. because you ve made sure this sensor and this machine are integrated. atta, boy. & yes, some people assign genders to machines. & with edge-to-edge intelligence, you ll know your customers love this color, & don t love this one. never getting grape again. & you can adjust in 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at just how high costs have risen. more than a million americans decided to drop health insurance coverage last year once policy changes dictated that 20% of people paying for obamacare plans would no longer get government help paying for them. this year s early numbers show a slight 3% rise in obamacare science but the centers for medicare and medicaid services administrator says these reports show that the high-priced plans on the individual market are unaffordable and forcing unsubsidized middle-class consumers to drop coverage. that s a different reality than the one president obama promise promised. if you like your health care plan, you will be able to keep your health care plan. democrats believe pricier plans are a product of a republic and majority with their priorities backwards. we watched the g.o.p. tax bill scam for the rich and rich republican donors, wealthy shareholders and wall street, reward big corporations shipping american jobs overseas and driving up health care costs for hardworking americans. the most popular option on the government run market place is the silver plan, and there are 13 states were premiums for silver plans are already at least 40% higher this year than last year. including senator john barrasso s wyoming. we have lots of ranchers in wyoming. they had insurance they could afford and work for them but it was made illegal by the obamacare regulations that said it s not good enough for the government. experts say that when premiums double or triple, the quality of care doesn t double or triple as well. on average, $4,000 in the networks are getting narrower and they exclude the best doctors in the best hospitals. control of congress could be determined by these rising health insurance premiums, or at least by which party voters blame for the price tag going up because the next round of premium increases will be announced right before the midterms. jon: peter doocy, thanks, peter. public employees can no longer be forced to pay union dues as a condition of employment. the supreme court made that ruling last week but getting that word out to employees might not be easy. correspondent dan springer reports on the place where one organization is running into difficulty informing employees of their rights. before the ink was even dry on the supreme court ruling barring public-sector unions from automatically collecting fees from workers who do not join the membership, libertarian groups were outside government office buildings spreading the word. have you heard the good news about workers rights? speak with the freedom foundation in washington state has waged this battle before. several years ago it won a small but similar ruling. four years later it still has not been able to reach all affected workers because the unions have blocked access to personal contact information. with a quarter million government union workers potentially impacted, outreach is in overdrive. we are planning and all of the above comprehensive educational program to reach those employees. according to union stats.com, both of the fall it will be in the northeast and along the west coast where there are no right to work laws while nationally just a third of government workers belong to unions, the penetration is much higher in blue coastal states and that s where organized labor called for rallies, blasting the court ruling and vowing to only get stronger. this was one of the dumbest things that could possibly do. it will absolutely energize the public sector and the private sector unions in this country and you will see a resurgence. unions are also waging an information campaign, selling members on the value of staying and paying. some are more convinced than others. those people who say they have no voice, the union is the foundation of democracy in this country. i have a voice. they have to win me back. and they are welcome to win me back. if they are going to be bipartisan. according to the center for responsive politics in the 2016 election cycle, public-sector unions spent over 64000000.90% of it went to democrats. losing union fees means losing clout. jon: dan springer and spee seattle. thanks. canada is making a renewed push to get a new trade deal with the u.s. and mexico. canada s foreign minister says she has spoken with u.s. trade representative robert light has or six times last week and wants to kick nafta talks into high gear this summer. however, president trump told our colleague maria bartiromo that he is holding out until after the fall s midterm election to get a better deal for the u.s. we are continuing to watch the stage in west virginia where the president is expected to speak shortly. while we await his remarks, we discussed his choice to interview a sitting senator for the next supreme court justice. our panel weighs in on the likelihood of senator mike lee of utah being named, that s next. still a chance here. it s willingham, edge of the box, willingham 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or urinary problems. these may worsen with anoro. call your doctor if you have worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. ask your doctor about anoro. go your own way get your first prescription free at anoro.com. i think the person that is chosen will be outstanding. the main thing the president is looking for our people that set the qualifications that you would want in a supreme court justice. a tremendous intellect, someone who will stick to upholding the constitution and somebody who has great judicial temperament. jon: so the suspense continues to build as we await the president s nomination for the supreme court to replace the retiring justice anthony kennedy. our nomination that we expect will be announced on monday, at least that s what the president says. we learned this illuminating bit of information from the white house today. raj shah, the president s deputy spokesperson says the president spoke to three potential supreme court nominees today and that s where it ended. let s bring in our panel. mollie hemingway, senior editor at the federalist, mark eliasson, national political correspondent at national public radio and katie pavlich, news editor of townhall.com. molly, it s fascinating to watch republicans or conservatives who are most vocal about these nominees trying to either rally behind one or maybe squelch the opportunities. the list that donald trump put forth, which he sounds like he s going to stick with even though he interviewed mike lee was a list that really garnered a lot of support for donald trump in the election and him sticking to it is probably very key, but within that list, even though everyone is going to be largely an originalist on questions of the constitution and textual list on questions of the law, there will be some discrepancy. if you can look at it in the form of the two most recent republican nominated justices. a man like roberts, who cares a great deal about the perception of the court and what the reputation of the court will be. someone like gorsuch cares a great deal about the constitution and fidelity to the constitution and a belief that failure to live according to the boundaries of the constitution has caused a lot of problems. so within this, these are all people who are largely somewhat the same in their traditional approach, you will see some variation and that is interesting and we just have to wait to see who gets picked. jon: we know that senator mike lee was spoken to by the president today. with the president put him on the supreme court? just based on all of the chatter, i put him low on the list. i put amy barrett or brett cavanaugh up towards the top. there are a lot of republicans and conservatives who think it would be a good idea to pick a woman, not only for the confirmation battle to come, but also if you are going to undermining or chipping away at roe vs. wade, good to have a woman on the court. jon: senator dianne feinstein made it pretty clear, katie, that she didn t think much of amy barrett when she was interviewing her for the appeals court. is not even didn t think much, was very disrespectful saying that the dogma was running high with her and that she had very serious concerns about that. the left, for decades, has used roe v. wade is really a red herring to be against any nominee that republicans put up. it s especially going to be bad when it comes to president trump and who he chooses. when you look at the list of people and the people he s interviewed, he says he likes all of them. he s clearly very heavily weighing all of their qualifications. when it comes down to this fight, the white house acknowledged by reassigning raj shah to the communications effort on that front, this is going to be a fight that the left decides to come out with emotion and republicans and conservatives who are interested in the long-term ramifications of who the nominee is going to be, what they do think about the constitution, what they do think about things like roe v. wade and other supreme court precedent, they are coming out this from an academic standpoint and a long-term debate. they are not going to come at this with emotion, as we ve seen senators like dianne feinstein do and of course all these left interest groups, including the media, quite frankly over the last week. jon: let me just take a pause from this discussion to mention that the west virginia governor jim justice is getting ready to introduce the president. he is going to be speaking at that dinner at the greenbrier resort. when the president does take to the podium, we are going to take you there life and we will hear whether he might say something about his supreme court nominee. the confirmation of neil gorsuch was maybe touch and go, but a lot of democrats felt that this was a conservative replacing a conservative, antonin scalia. does that suggest that the fight to replace i m told that the president is standing up during we will have to wait for that answer. here s president trump. getting ready to speak at the greenbrier resort. this is the salute to service dinner thanking those who serve. president trump: thank you very much. thank you, jim. that is a great gentleman and he s a big man, isn t he? he s a big man, big jim. and thank you to kathy, very much. it s an honor. please sit down. thank you very much. west virginia is truly blessed to have someone like the governor, wonderful first lady and i just want to say that i love this state, which i happen to win by 42-point oh a democra democrat. 42 points. that s like one of these genius golfers winning by 9. it s like the same thing. but i want to thank everybody. i ve spent the last three days interviewing and thinking about supreme court justices, such an important decision and we are going to give you a great one. we will announce it on monday and i think you will be very impressed. these are very talented people, brilliant people and i think you will really love it like justice gorsuch. we hit a home run there and we are going to hit a home run here in step-by-step we are making america great again. [cheers and applause] so jim asked me to do this. he did switch from democrat to republican. if you see that often, so it s hard for me to say no, i m not coming. i said i m coming, jim, and it s a beautiful place and i watch these tournaments. i have such respect for these golfers, these great talented nobody knows how good they are. they are really talented athletes. but we are gathered here on the eve of the fourth of july to celebrate the courageous men and women who make freedom possible. our brave service members and our wonderful veterans. and we love our veterans. [applause] love our veterans. for 242 years, that s a long time, american independence has endured because of the sweat, blood and sacrifice the american armed forces. you ve probably been hearing we may add a little thing called spaceports. we have air force, spaceports. i don t know if anybody wants to hear that, but we are thinking very seriously about it because space is becoming very important militarily as well as other reasons. the greatest force for peace and justice in the history of the world during both the civil war and world war ii, the greenbrier served as a hospital for wounded soldiers, so it s so appropriate. tonight at the greenbrier s first annual salute to service dinner we are calling upon this rich history and we are carrying on the pga s proud legacy of supporting america s heroes. joining us for tonight s ceremony are many incredible golfers who will be competing at the greenbrier this week and i will be sitting home at the white house and i will be watching and saying i wish i could play like that. among those with this, i just said hello to a few of them. bubba watson. he s having a good year. where is he? bubba, he is having a good year. thank you, bubba. keegan bradley. keegan, great. thanks, keegan. thanks. thanks, keegan. that potter is working. i just said that shorter potter is okay. longest hitter i ve ever seen, big john daily. john. i played with john in a tournament that we won, meaning that he won. he won. it s funny, he won and then i go back and everyone said how did you do? i won, wright, john? he something. and phil mickelson. i will never forget i don t think phil can remember this where is phil? where is that guy? he s so incredible. it was about 15 years ago and i was donald and i m watching and the place is packed with people and phil is there and he sees me and i like phil and phil i think likes me and he s on the third hole and it s a big deal, a big tournament and he said excuse me, just a second, and then he gets up, hits of all, it was a three wood. he hits a three would like 280 right on the middle and then he comes back, but, how is everything else? and i said that really is special talent. that s the office, right? that s just the office. what a great career, what a great gentleman. i also want to think jim nantz for leading this evening s program. jim, wherever you may be, where s jim? does a great, great job. hi, jim. great job. really good. and slugger white, he keeps everybody honest. slugger has done a fantastic nobody plays games with slugger. i tried to move the tees back and he just wouldn t let me do it. there was no doubt about it. slugger is great. and all of the pga officials, tournament staff and the volunteers for their incredibly hard work in putting this really incredible event together and the job that jim justice has done with the course is really spectacular. also with us this evening is acting va secretary, doing a phenomenal job at the veterans administration, peter o rourke. peter. peter. good job, peter. you ve done a lot of work at the va along with west virginia senator shelley more, who is a good golfer, by the way. and congressman alex mooney and morgan griffith. where are they? great, thanks. tremendous help to me getting things passed. you think it s easy and congress. not easy. if i didn t introduce them as an example today, they would never vote for me again. that would be the end of your taxes. that would be the end of everything. i also want to thank our great attorney general from west virginia, patrick morrisse morrissey, who is fighting a great race. and congratulations to patrick running for the u.s. senate and he is a tough, strong guy and he ran an incredible race against some very talented people and he won and now he s got another race and it s going to be i see the polls have it very close. it you may be surprised to see what s going to happen. he s got incredible energy, incredible strength and he loves the people of west virginia, like, a lot. so good luck, we are proud of you. great job. speaker to morningside and majority whip carol miller, i want to thank you very much for being here and carol, good luck in the race. i know you re going to do well. i know you are going to do well. and we are honored to have with us major general james sawyer of the national guard. the big cheese. thank you, general. thank you very much. tomorrow, families across our nation will gather to celebrate the fourth of july. as we do, we will think of the men and women serving overseas at this very moment, far away. far far away from their families, protecting america, watching over our people. they are there and they are with us and they are brave. these are incredible people. and we will thank god for blessing us with these unbelievable heroes. to everyone here tonight who has served our nation in uniform, will you please stand so we can express our gratitude. please stand. please. [applause] tough cookies. tough cookies. and when it comes to ice and border patrol and all of these incredible people that you ve been reading about who are doing an unreal job, we want border security. we want security and our country. we respect ice. ice is the one. these are tough people and you have to be tough and when they have a problem with ms-13 gangs and all of these others that came in through these horrible and weak immigration laws that we are strengthening up, we will get them done. we need tough laws. if we need laws. [applause] but when these people come into our country and come in illegally and then dispersed throughout the country and all of a sudden you see nests of ms-13, it s like you were liberating towns. we sent ice in and for ice it s just another day like phil and john and keegan, all of the guys and bubba, like the way they play golf. they go, they play. they don t know. it s hard. they don t know what that is. these guys, they walk into those areas, they take them out of there so fast, they are not afraid of anything. it is, it s like you were liberating a town. like in a war coming or liberating a town or an area and ice goes in there and they go in there and sometimes they have to go in swinging. they don t mind. they are tough. and then i hear democrats saying we want to abandon ice. we want to abandon we we are not abandoning ice and we are not abandoning our law enforcement. just the opposite. [applause] so i want to recognize today a legendary hero from west virginia, a veteran who fought in iwo jima in february of 1945, he volunteered to straight into enemy fire to destroy vital enemy fortifications and to clear a path for american forces to continue forward. he went right into the machine gun nest. john daly wouldn t do that and he s a pretty tough would you do that? i don t think so. definitely hurts your golf game, that s the end of golf. in the face of bullets and bayonets he risked his life for his brothers in arms and he earned the congressional medal of honor. [applause] today, woody williams is 94 years old. he has dedicated his life to supporting gold star families and building memorials to honor our fallen service members. in 2016, thousands were moved by woody s patriotic words when he spoke at one of our rallies in west virginia. he was incredible. i still remember it. and of course we all remember that wonderful moment when woody flipped the coin at this year s super bowl. woody, you are a national treasure and we thank you from the bottom of our hearts. woody, where is woody? where is woody? thank you, woody. [applause] thank you, woody. brave man. 94. i give a lot of congressional matters of honor. when i say a lot, probably five so far and it s really one of my greatest honors to do it. the congressional medal of honor. it s our highest honor. woody, fantastic. so often and giving them posthumously where they are just not around, but we hear the stories and their families are there and everyone is proud. but every once in a while we have one that can be given to people that are living, like you, woody. so thank you very much. we are also deeply moved and honored to be joined by a gold star spouse who knows the true price of freedom. christine. christine s husband chris was a sergeant in the army s 82nd airborne division. great group. chris was killed in action in iraq in 2005. christine, tonight we send love and gratitude of our entire nation. if your husband was a special man. we will hold you and your precious family in our hearts forever. christine, where are you? thank you very much. thank you. [applause] thank you, christine. and christine, through your husband s heroic sacrifice, you understand that he has achieved immortality and our debt to him and to you is eternal and everlasting. thank you very much. from bunker hill to the beaches of normandy and the jungles of vietnam, americans in every generation have given their last breath, their last measure of love and her final moments on this earth in defense of their country and their countrymen. our service members have fulfilled a duty to america a million times over. now we must fulfill our sacred duty to them. we must protect those who protect us. when our service members are in uniform, it is our obligation to ensure that they have the finest equipment, the finest training, care, resources, better than any military on earth and when our service members return civilian life as veterans, we must ensure that they have access to the best care, treatment and support in the world. if we are american security by rebuilding our great military. we have secured this year with the help of shelley and her great congressman, a record $700 billion for our military and next year s $716 billion, the most amount ever, we are rebuilding our military. and when have we needed it more outside of the wars themselves? when? think about it. we are building it so big, so powerful. hopefully we will never have to use it. as the golfers can tell you, the stronger we get, the less likely it is that we will have to use it, but we will be at a point the likes of which we ve never been as a power and again, hopefully never having to use that incredible equipment that is built right here, best in the world, in the usa. [applause] we also gave our great warriors their largest pay raise in eight years, so they got a pay raise and it was about time. they ve been waiting for a long time. [applause] and i m proud that under my administration we have passed the largest va reforms in half a century. i signed into law just recently the va accountability legislation and just so you understand, accountability. you couldn t fire anybody in the va. they could be sadists. they could be bad, they could have lots of problems. they could talk back to you. you couldn t do a thing. for 40 years they ve been trying to get it passed and we got it past. va accountability and as i ve said before, we now look at the person that violates our great veterans and we say, jim, get the hell out of here and we fire him. and if they are good, we have a lot of great people. as promised, we opened the white house va hotline and have instituted new transparency on wait times and quality of care. we are
at the agency. peter strzok was the fbi agent at the center of the firestorm over anti-trump text messages he s had while serving as the lead investigator on the hillary clinton email program and there are a start up of the russian investigation. president trump tweeted, agent peter strzok was just fired from the fbi, finally. the list of bad players gets longer and longer based on the fact that he was in charge of the witch hunt, will it be dropped? but the total hoax. i just fight back. during the heat of congressional testimony, peter strzok denied that his opposition of president trump played any role in his decision-making at the nation s top law enforcement agency chief intelligence correspondent catherine herridge s life with the latest in alexandria, virginia, where the trial of former trump campaign chair paul manafort is scheduled to resume. reporter: that trial is scheduled to reconvene at any time. in the meantime we have at that big news on fbi agent peter strzok. 45 minutes ago, the president weighed in on his determination on twitter and it reads in part just fired agent struck, formally of the fbi. it was a total fraud on the american public and should be properly redone. also this morning we got a statement from agent strzok s attorney and he filled in the details. he said it went down on friday afternoon and it was done by the deputy director of the fbi. in that statement, his attorney alleges that the deputy director overruled the findings of the internal fbi disciplinary task force that he said had recommended a 60 day suspension as well as a demotion. that statement from strzok s lawyer reads, the decision to fire him was not only departure from typical bureau practice but also contradicts director at christopher wray s testimony to congress and his assurance that fbi intended to follow with regular processes in this at all personnel matters. this decision should be deeply troubling to all americans. the lawyer also said there was never one piece of concrete evidence that strzok allowed his own political views to infect the russia or the clinton email investigation. here is agent strzok in his recent testimony to that effect on capitol hill. like many people i had an express personal political opinions during an extraordinary presidential election. but let me be clear, unequivocally and under oath, not once in my 26 years of defending our nation did my personal opinions impact any official action i took. reporter: that testimony was to the house oversight and judiciary committees and many republicans, on that committee felt that his statement about the text messages and the explanation where a little bit of a stretch. for example, that august 2015 text when he talks about stopping trump, we will stop him, and a conversation with former fbi lawyer lisa page, he said that we he referred to was the american public, not senior officials within the fbi and justice department. the one kind of ridiculous. thank you for that. let s bring in bret baier, fox political anchor and host of special report. what is the significance of this, doesn t move the ball forward for either side? it s a combination of what had been a lot of focus on peter strzok and his text. it was written up pretty aggressively in the ig report and the evidence against him, and that hearing that you re looking out there, where you all real fireworks on capitol hill, and it was kind of surreal at times in the exchangers with peter strzok. later we came to find out that lisa page testified to the intelligence committee that when they were texting about all of those things, it was what it was and she testified completely different than peter strzok we are told. i think eventually the rock was rolling down the hill, and he was going to get let go or suspended and he got let go friday. we still don t know what the insurance policy was, right? bret: from what we are told, behind closed doors lisa page was very forthcoming and essentially said that they were talking, when we look at those texts, that was the context. i think there s a lot of those pieces that are going to be put together and i think you will see another inspector general s report of the early days of the trump investigation, the russia probe and how that was handled. when that comes out, we don t know. what would be the ramifications of that? because the ig report comes out and maybe it has some recommendations, but these people have already lost their job. is there ever any sort of bret: resolution. melissa: yes or punishment, punishment. bret: he has a talking about all before the midterms. you have this collision course of the two sides of this investigation and they are likely going to come together sometime in the fall. the president is tweeting and kind of reminding people of the fact that it was in fact peter strzok got fired today and he was on the draft of the memo that open up the russia probe. in his mind that means that the whole russia probe is a hoax. how does that play in washington, do people follow that same line of thinking or is there more to it than that? bret: it depends on what side of the aisle you are on. up on capitol hill there are lots of folks about statements today that sat on the republican side, it s been a long time coming and clearly peter strzok had a bias that was seen in those texts, noted by the ig. on the democratic side they don t see it that way and they are waiting for mueller to come forward with whatever he has. but as time goes on, the narratives get set in stone and until we get some concrete evidence one way or the other, it just is talking points. melissa: and then you hear rudy giuliani talking about whether or not this mueller sit down will happen. it s starting to feel a little bit like that clinton tactic where they say a lot of things, everything possible that s out there and it muddies the water a little bit on what was said, what was agreed to and what wasn t. it seems like maybe a tap dance to just sort of keep talking until there is some sort of resolution. what s your defense is that of a real possibility that the president will sit down, or that mueller will wrap this up anytime soon? bret: on the latter question, i think the possibility that it comes sometime early fall before the midterms report, and i don t know what form it will take but some kind of resolution of some part of that investigation, i think that percentage is high. the fact over the possibility of other president sits down with mueller, i think that s lame. go back to your interview with the ladies they are on outnumbered with rudy giuliani on the phone, and about questions and all that, we haven t really advanced of all that much since that time. that was astonishing, and it didn t feel like it had cleared up a lot and that sort of how you feel about this whole idea of whether or not the president is going to sit down. it seems like maybe a subterfuge. bret: it s like chinese food. he read it and they were hungry after a little while. or i am. melissa: on that note, it s lunchtime and i m hungry. for more on this, let s bring in the president of judicial watch, tom fenton s organization has played a role in requesting documents in the russia investigation. let me get straight off the bat your impression. tom: it s long overdue and a body blow to the mueller investigation. peter strzok is an architect to the russia collusion theory which we know is fraudulently based and there would be no mueller investigation without peter strzok. he was instrumental as the lead investigator and was certainly behind of the collision with fusion gps. the fisa court documents and all that, is a senior official in the fbi. the ig concluded that maybe some of his activity was impacted by his animus to president trump or, then candidate trump. he should have been nowhere near either the clinton or the trump investigations and the president tweeted, we have to reopen the investigation because of people like peter peter strzok, and we to shut down the mall or investigation. you are the one who gets up documents before other people and you heard bret baier s talk about lisa page s testimony not matching up with what peter strzok said. have you heard that and how do you eventually get access to that? it s up to congress to release that testimony. that s why we have to sue in court the agencies directly to get some of the documents that congress has looked at privately but won t release publicly, or in the case of testimony, malt released publicly. his testimony needs to be publicized as quickly as it can so we have fuller information. right now we are battling the fbi for the text messages of andrew mccabe, the number two at the fbi that was fired. when you look at the fbi and the department of justice, you had james comey fired for misconduct, andrew mccabe fired for misconduct, strzok fired for misconduct, lisa page demoted, all of whom had a hand in this russia investigation that mueller is now running with. he needs to be questioned, frankly, about how he used mr. strzok that he was let go and no one was told about it for four months, the reasons behind him being let go. it s unbelievable. melissa: i know that you have been behind trying to get those text messages related to andrew mccabe and his wife joe mccabe and her 2015 run for state senate. in which she took money from hillary people. why is that that you want to see those texts? do you want to see a quid pro quo and they are or what do you think is in there? we are asking for text messages on behalf of a retired fbi agent, jeffrey danner, about the clinton email investigation. and we suspect there is going to be some interesting material there. certainly now the fbi has told us that they don t even want to look at those text messages let alone turn them over to us. this is just typical of what s going on at the justice department and the fbi. they don t think the answer to congress, the president or the rule of law and we hope the courts intervened to get us to messages. the president tweeted over the weekend, in a way that suggests he might intervene to get these text messages public, that will be good, too, too. melissa: real quick, who is this new fbi agent that you are talking about, how did you get on to him and what do you think the issue is? tom: he is a supervisory agent who asked for the text messages of andrew mccabe. he had experience and record retention policies and he suspected there would be text messages so we asked specifically for them. we think getting the runaround for almost a year from the fbi. why are they sitting on the text messages of this corrupt fbi agent? you can bet it s because they know it would blow it right open specifically to the clinton email cover-up. melissa: thank you for coming on and staying on the story. new developments when it comes to a potential trump-mueller sitdown. the new demand from rudy giuliani. plus, paul manafort s tax fraud trial expected to resume today following court proceedings friday. and former independent counsel on what this could have been on what this could have been about. is manafort s side looking for i plea everyday progress. when i received the diagnosis, i knew at that exact moment, whatever it takes, wherever i have to go.i m beating this. my main focus was to find a team of doctors that work together. when a patient comes to ctca, they re meeting a team of physicians that specialize in the management of cancer. deal? and i would say that ctca is definitely on the cusp of those changes. patients can be overwhelmed . we really focus on taking the time with each individual patient so they can choose the treatment appropriate for them. the care that ctca brings is the kind of care i ve wanted for my patients. being able to spend time with them, have a whole team to look after them is fantastic. i empower women with choices. it s not just picking a surgeon. it s picking the care team, and feeling secure where you are. surround yourself with the team of breast cancer experts at cancer treatment centers of america. visit cancercenter.com/breast appointments available now. the chili pepper sweat-out. not cool. freezing away fat cells with coolsculpting? 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(dogs barking) the old one s just fine! we ll do anything, seriously anything, to help our customers. thanks. ally. do it right. you won t find relief here. congestion and pressure? go to the pharmacy counter for powerful claritin-d. while the leading allergy spray relieves 6 symptoms. claritin-d relieves 8, including sinus congestion and pressure. claritin-d relieves more. this wi-fi is fast. i know! i know! i know! i know! when did brian move back in? brian s back? he doesn t get my room. he s only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40 s. the president won t sit for an interview after september 1 because it could interfere with midterms. according to the wall street journal, the president s legal team also believes they can weather a negative report from mueller and they are. to rebut his conclusions with the report of his own. this as a rudy giuliani said that president trump never had any conversation within fbi director james comey about going easy on former aide michael flynn, a key point in our ongoing obstruction of justice investigation. white house correspondent kevin corke has one from the white house. reporter: just last week, rudy giuliani submitted a proposal to the mueller team and in it he said the president would be willing to have a conversation if that conversation was limited to collusion with russia in the 2016 election. but not about obstruction of justice after he took office. the concern here melissa is that obstruction questions according to the president s lawyers, could ultimately become a trap for perjury accusations. so what happens next? should the mueller reject the offer, the special counsel could still choose to subpoena the president which would almost certainly set into motion a legal showdown. rudy giuliani thinks it s high time that this program ended. we think it should end. the investigation should be overcome if terminated. he should put out his report of the american people what he has. they could evaluate it, they are entitled to this information before your simple date. and he throughout september 1st as a date he might be able to get the report done by. reporter: be heard rudy giuliani dimension and it s important to point out, because of this particular office there are specific rules. we are talking about mueller s probe. one of the requirements of the probe is he has to issue a report which has to be reported to the attorney general. in this particular case, the ag has recused himself in that report would ultimately go to rod rosenstein. whether or not it happens by early september he needs anyone s guess. it s been one or more on this let s bring in federal prosecutor robert ray who served as the independent counsel for the whitewater investigation and the clintons back in the 1990s. what s your impression as to where we are right now in this, does it appear to be wrapping up as some people are saying? i think there s political pushback and there s pressure being pushed by the white house to see if mueller s will resolve itself and also related to that question is whether or not the president will sit for an interview. i guess the position now is the president will not do so unless it occurs prior to september 1. the final report issue is the very thing that s out there which is to suggest that if the mueller investigation wraps things up in whole or in part they would have to do so very soon after the first of september in order for that report to be delivered to the deputy attorney general. also for the president s team to file whatever counter they would like to present, all of which then ultimately would be delivered to congress and all of that would have to occur in sufficient time before the election so that no one would really feel unfairly impacted by that major story. melissa: is it your sense, it seems like rudy giuliani continues to sit change when ty would sit down. at some point that mueller just say, it s not going to happen, we will finish and go on? he does have to decide and i think the problem is from investigative stamp, if he were to react to, let s say, the president s ultimate determination through his lawyers not to volunteer for an interview, the only recourse is a subpoena. that would be litigated and my expectation is that would probably last for a year if it were fully litigated. in the district court for d.c., possibly in the court of appeals or may be a direct appeal, in any event, you won t have a final decision with regard to that issue probably for a year. i don t think this investigation has all the luxury of doing that, and the question is what s the point of having the president sit down voluntarily for an interview to give them additional statements? he is well advised as far as sitting in the shoes of of being a defense lawyer, and the best advice your client should accept is don t make any further statements. when you look at the reactions finding out that peter strzok had been fired and given that he is the guy that wrote the memo that set in motion the russia collision investigation, you ve seen the president s tweets how he tries to link those things and say, that means this investigation is a hoax on its face. i think he does have a point about the origins of the investigation and quite frankly from a personnel matter i was sort of wondering when the firing of peter strzok was going to occur because i think it was all but inevitable. that makes two, andrew mccabe was also fired and they were fired not just because of expressions of bias but more significantly, they use the processes of the justice system and fbi in order to impact an election. whether that was done flippantly or what his motivations work doesn t matter. that sensitive position, that in my judgment is completely unacceptable and is a firing offense. melissa: let me ask you about the manafort trial. so they had an unexpected recess on friday, what do you make of that? i don t know what to make of that. i could speculate about all kinds of things that it might be but, i think we will probably know sometime in the near future what was going on on friday but i really don t know. melissa: the prosecution, did they present a good case? i think they dated, and they did so in the face of a very difficult and i would suggest cantankerous district judge. this story seems to be one of greed assisted by an underlayment. i think the jury in white-collar cases gets that and it wouldn t surprise me if the jury decides independent of all this other stuff that swirling around and the impact that it might have insofar as the mueller investigation is concerned, it sounds like this investigation independently against paul manafort had merit. melissa: they had that recess, prosecution is done, do you think they are meeting saying, this is our case? i think that s unlikely. thank you so much, great stuff and great information sources telling fox that iran has testfired a ballistic missile for the first time in more than a year. just as president trump was about to reimpose sanctions. after pulling the u.s. out of the iran nuclear deal, so are they trying to send a message and how should the president respond? plus we are awaiting president trump s finding in the 700 million defense bill. is he fulfilling his campaign promise to help the military? president trump: i will submit a new budget to rebuild our military. our military. it is so deflated, we will rebuild are you in good hands? our i found my tresiba® reason. for 24 hours for powerful a1c reduction. 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(vo) ask your health care provider about tresiba®. covered by most commercial health insurance and medicare part d plans. to and practice. kidlots of practice.tion. get them started right with carnation breakfast essentials. it has protein plus vitamins and minerals to help kids be their best. carnation breakfast essentials. this is frank. sup! this is frank s favorite record. this is frank s dog. and this is frank s record shop. frank knowns northern soul, but how to set up a limited liability company. what s that mean? not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that s part of running a business. so frank can focus on the beat. you hear that? this is frank s record shop. and this is where life meets legal. now that we have your attention. capri sun has four updated drinks. now with only the good stuff. do you know how to use those? nope. get those kids some capri sun! melissa: fox news alert, just a short time from now president trump will sign a 700 billion defense policy bill aimed at rebuilding the military and weakening chinese foreign investment and telecommunications technology. brian yunus is alive in fort drum new york, with the latest. reporter: good afternoon melissa. just about an hour from down the commander-in-chief will speak at fort drum in central new york. we will talk about how this $716 billion national defense authorization act will be spent to better accomplish for key things. let s run through them. it will better position the u.s. military to really go against threats from china and russia. it will improve our missile defenses in modern modernize our military forces and it will also do a better job of caring for our troops. the bill is particularly tough on china and trying to counter china s increased military activity in the south china sea. it improves taiwan s military defenses as well as adding more joint training exercises with taiwan. taiwan is a self-governing island that china that is actually their territory. the bill also calls for more military exercises and joint military exercises with australia, japan and india. it also calls for a tightened u.s. national security reviews of chinese business deals in an effort to stop some of this espionage, corporate as well as spying that we are seeing from china. it also does more to sanction vt which is a chinese telecommunication giant. it blocks the u.s. police and contractors from using vte technology in an effort to stop the chinese spying. that s about $250,000 that will go to the ukraine and also an increased number of troops in europe as well as new money and cyborg capabilities to go against russia. in terms of modernizing our missile s defense, this is another $350 million that are being pumped into our nuclear war and nuclear weapons to modernize them and we are also talking about more patriot missiles that will be added in south korea, as a course that north korea threats to loans. this act has a 2.6% salary bump for our troops, something that you know many people here will be happy to hear from our president. it should come as no surprise, that something that candida trump was promising on the campaign trail in 2016. president trump: america first will be the major and overriding theme of my administration. we will spend what we need to rebuild our military. it is the cheapest single investment we can make. we will develop, build and purchase the best equipment known to mankind. our military dominance must be unquestioned, and i mean unquestioned by anybody and everybody. but we will look for savings and spend our money wisely. melissa: it joining me now is house arms committee member martha mcsally. if there is one thing we have learned about the president, it is that he sees all of these pieces sitting together, so maybe you can help us see the larger picture here. he connects the idea of putting pressure on north korea, russia and china with the tariff and with this kind of spending as well. what is the message that he is sending today and to whom it hasn t done like your opinion? this is president trump leading to make sure he can keep our country safe and, after the failures and after the obama administration, its historic units like these that are going to get the readiness. we are finally turning that around. it s been an honor to partner with them. i flew the warthog protecting troops like these and we are finally stopping the bleeding. that s his the president has been very focused on china when we talk about the bad actors. he s been very focused on cyber terror and their involvement with north korea, putting pressure on them through tariffs. this is another thing saying directly, we are going after the north china sea. how do you think they receive that message? reporter: they should receive it loud and clear. and make sure than america is first. in the last administration we watched china easily attack into things, and we needed an infusion of resources, like with pardon for president trump and we will combine all the diplomatic efforts in order to protect our interests around the lobe and make sure that the troops, the army, navy, air force and marines have everything they need with future capabilities including artificial intelligence, hypersonic sent other things that china has invested in. we are the ones that need to be ahead on that and invest capabilities to include missile defense. you talking about missiles and bad actors, iran testfired a missile for the first time so far this year. what is your reaction to that and what should our response be? we need to continue a maximum pressure campaign like president trump is leading on, whether that continues to be the largest state sponsor of terror in the region. we need to crank up the pressure and we see the iranian people are starting to rise up. keep using economic military strength and deterrence, and diplomacy in order to turn them in a different direction. this was a bad decision on their part. we have to keep america and our allies safe, especially as oriole. our strong allies in the region and this president, partnering with us is standing up against iran, north korea, china, russia, and isis is on the run. we are showing strengths again that we haven t seen a very long time. melissa: i heard general jack keane earlier today talking about both the military exercises in the water, and as well as this missile testing. and, externally they are trying to show this in terms of force. is that how you interpret what s going on there, do you agree? reporter: we have seen that and other elements of the regime and when they feel weakness internally, what do they do? and that s a pattern that we definitely see from regimes like this. it doesn t surprise me, and i don t know what s going on in their process but, we need to make sure that our troops have the next generation capabilities. we have had a readiness crisis over the last obama administration. we have had more people die in training accidents, 80 people, then in combat in the last years which is 20. and we will partner with them and i m proud to be here. melissa: congresswoman, thank you for joining us. with the music behind you you did a wonderful job. thank you. have a great day. more on our top story today, the fbi firing controversial anti-trump fbi agent peter strzok. why does the agency wait until now to do it? and what could this mean for the russia probe in our power panel is here next it s melissa: back now to our top story, the fbi firing peter strzok. the agent got caught sending antitrust texts during the campaign. this after the bureau s deputy director overruled an internal disciplinary review that recommended strzok be demoted and suspended. let s bring in our power panel, kevin mccullough and david bernstein. kevin, what do you make of the firing today? long overdue, should have happened months ago. melissa: it s a government, nothing is fast. i remember a day in which, and i ve known fbi agents for most of my life. adultery has never been allowed in the fbi and why these two on that level were allowed to have an affair can be exposed and stay active in the rank seems unusual because they are very worried about keeping agents clean and making sure you have integrity of the process. so the fact that you had long-term standards being overlooked, but you also had all kinds of animus documented between these two. it should have been done away with a long time ago. why it took so long as a mystery. melissa: what s your take? i think this is a real distraction, a broader issue, and primarily it s probably better that he is gone than not. but this guy was one agent inside of a large system with lots of, as we now know different investigations. it suggests that he was somehow the key man. he was the one that wrote the memo that opened the investigation. i think when people hear about these things they don t take it into account. the fbi, huge bureaucracy with lots of people, lots of checks and, they somehow offer that. i argue that but i argue with you are the point guy and that turns into the counterintelligence investigation on trumpet, and you have two investigations that have been bungled as badly as these two things have been, i think he s got something to answer for. to go back to your point, it s hardly one guy because it s peter strzok and lisa page who are now hearing something very different be behind closed doors. if you have andrew mccabe who was also fired for cause, or lying about his contact with the media, and there s a whole bunch of people, but there are those others that text with the same bias and they haven t even revealed to those type s belong to. it s probably the right decision for him to be fired, if for nothing else, we can move on and talking about him. the reality is, if we put a microscope on every single public servant in this country, i m sure we would find lots of things that are in violation of pages and codes and hundreds and hundreds of pages. the fact remains that we are not talking about are that there are serious investigations and it s not a witch hunt but a serious investigation. the effort is to say, it s all because of peter strzok and his colleagues, it s totally wrong. and the investigation does go. melissa: i think would be easier to accept that if we ever got to know the insurance policy was, and when you said, he said, we will stop it and now hearing that lisa page testified behind closed doors, there was a very different answer from what peter strzok said to congress which frankly wasn t very believable. melissa, the point you re trying to make with david is a valid one, the culture of the fbi is the problem and it was kind of spearheaded by mr. comey. the top brass and there was this culture within that leadership. look at how many people have been fired, demoted, moved on and let go? their inspector general said this is a problematic culture and a started making changes. speeds and strzok was a key piece of that. melissa: pause there, we have more to talk about. the white house and the president blasting omarosa after secret reporting. what the president is saying about this right now. ok everyone! our mission is to provide complete, balanced nutrition. for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy! you re smart,eat you already knew that. but it s also great for finding the perfect used car. you ll see what a fair price is and you can connect with a truecar certified dealer. now you re even smarter. this is truecar. hi, everyone, i m dana perino. president trump is set to speak out fort drum and we will see if he comments on some of the hot topics today including omarosa secret recordings or the firing of fbi agent peter strzok present those anti-trump text messages. at several stateful primaries tomorrow and we will talk to one of the republicans running for the senate in minnesota. that s all coming up on the daily briefing. melissa: of the white house and president trump firing back at omarosa after the former white house aide dropped secret recordings from her time at the white house. the latest and allegedly taped conversation with the president where he sounds surprised to hear she had been fired. i just saw on the news that you were thinking about leaving. general kelly came to me and said you guys wanted me to leave. speak to nobody even told me about it. they run a big operation but i do know that. melissa: the white house says that omarosa s claims are riddled with lies and she is just out there to sell her book. who knew. the president tweeting today, wacky omarosa who got fired three times on the apprentice now got fired for the last time. she never made it, never will. to beg for a job with tears in her eyes and i said okay. she s vicious but not smart. back with kevin mccullough and run for america founder david bernstein. i can t believe we are talking about this. neither can we. look, i don t think anybody out there takes omarosa seriously but obviously, this is the culture that comes along with president trump. it is a reality show culture and i think that the thing that is most interesting to me about this, if you listen to that recording and hear the president saying that, and omarosa is now saying that the president did leader admit to her that he knew, one of the things that is most telling about this president is his inability to fire people. his inability to take responsibility people he s brought into his orbit who have done bad things and that kind of behavior to go on the phone with somebody and deny that he knew anything about it is so irresponsible. as someone who has run companies, i found that lack of leadership to be among the most troubling qualities of the president. and people out there who have had jobs and been laid off they don t care. but i appreciate the rest of your point. here s what i would say, the president has tried to reward people around him who were loyal to him early on with perks later on because he appreciated. if you think back to the very beginning, no one thought he was going to win the nomination, much less the president. but as a result the people who were going to throw in him at the very early stage have proven to be a little sketchy in the long run and that has come back to bite him. not even sketchy, but he said they didn t live up to what they expected. and i don t think anyone has been bludgeoned more by the president through twitter, but this is the president who does reward loyalty to me on almost an unbelievable scale and he said in that same tweet, you didn t finish reading the end of it, he was glad he hired her because she had spoken so nicely about him early on at the end of the day, i think you have to give the president of the latitude to tweak and run his administration the way he needs to. i think you re point to david just a second ago about people not caring about this is really well understated because, what s really happening is you have the lowest unemployment in the modern era. you have incredible advances in different areas that we needed to be happening and that should be one of the about. melissa: it s interesting how the media as a whole treats the story because early on they didn t like to put her on all the time and didn t give her a lot of credibility because they felt like she was only sticking up for the president to see what she could get for herself out of it or seeing them from reality television. april ryan said that omarosa had recordings of her and she felt like a claim had been doctored. then they put her on the first block of the today show and everywhere else this morning because she s going out to trash the president of course it s a problem, reality is, this is not a serious person. she shouldn t have been hired, given book deal, be on television talking about it. it s very clear what kind of person she is and scandal cells and we all know that. we do it here, and which shouldn t be surprising that she s getting her time, but of course it s not right. melissa: and who are we to judge what people watch? okay. more outnumbered outnumbered d just a moment. tech: at safelite autoglass, we really pride ourselves on making it easy for you to get your windshield fixed. teacher: let s turn in your science papers. tech vo: this teacher always puts her students first. student: i did mine on volcanoes. teacher: you did?! oh, i can t wait to read it. tech vo: so when she had auto glass damage. she chose safelite. with safelite, she could see exactly when we d be there. teacher: you must be pascal. tech: yes ma am. tech vo: saving her time. [honk, honk] kids: bye! tech vo: .so she can save the science project. kids: whoa! kids vo: safelite repair, safelite replace 4 out of 5 people who have a stroke, their first symptom. is a stroke. 80 percent of all strokes and heart disease? preventable. and 149 dollars is all it takes to get screened and help take control of your health. we re life line screening. and if you re over 50. call this number, to schedule an appointment. for five painless screenings that go beyond regular check-ups. we use ultrasound technology to literally look inside your arteries. for plaque which builds up as you age- and increases your risk for stroke and cardiovascular disease. and by getting them through this package, you re saving over 50%. so call today and consider these numbers: for just $149 you ll receive five screenings that could reveal what your body isn t telling you. i m gonna tell you that was the best $150 i ever spent in my life. life line screening. the power of prevention. call now tow to learn more. melissa: thank you for joining us, i am a melissa francis in for harris faulkner. i will see you at 4:00 p.m. and of the daily briefing starts right now. new fallout from the fbi firing anti-trump text or peter strzok after the president ways and with a tweet. hello everyone, i m dana perino and this is the daily briefing briefing. spiel and strzok s attorney says his client was fired because of political pressure adding that that should be a deeply troubling to all americans, the president tweeting the same, and the mueller investigation is a total hoax. catherine herridge is live in alexandria, virginia. reporter: the president weighed in about an hour after there was confirmation
tax evasion and just last week admitted to lying to congress, quote, out of loyalty to individual one. individual one being the president. now cohen says he shouldn t spend a day in prison because of all this cooperation. we ll see if bob mueller agrees with all that. already it is triggering a barrage from the president that could only be read as a pre-rebuttal. we may hear these attacks repeated on camera later this hour because the president will leave the white house for a day trip to missouri and he may stop and take questions from reporters. keep in mind he does this with intent to undermine confidence in the special counsel s investigation. he has been doing it for months. this is just the latest attack. but as the president goes today, will he take john kelly, his long suffering chief of staff with him? the world s longest awaited termination is now imminent, and that s where we begin this hour. abbie phillip is at the white house. abbie, you know, his departure has been rumored for some time, but it looks like it is now immine imminent. reporter: that s right. it does seem that every few weeks there are rumors that john kelly may be leaving the white house. but sources are telling our kaitlyn collins that within the white house, john kelly s resignation is expected to be imminent. that s because the situation with president trump has deteriorated dramatically within the last couple of days. it has become untenable for both men who have been working now with each other for 17 months. john kelly s power here in the west wing has been weining for quite some time. now it appears that s not happening at all, and the president is preparing for a transition to a new chief of staff. now, despite that, we are hearing that no decisions, no concrete decisions have been made about exactly who will replace kelly. one of the leading contenders is vice president mike pence s chief of staff nick ayers, who is someone who has been around this white house for some time now and has been rumored to be angling for this job. president trump likes ayers, likes his political mindset. as he is looking toward his re-election is interested in elevating himself to that position. but there are a lot of detractors to nick ayers here in the building, and this trauma continues to unfold. we are waiting. john kelly s departure from the west wing and several other officials could be seeing some turnover. of course, as you just mentioned, president trump has spent the morning lashing out at the mueller investigation, anticipating these filings coming later today and also some testimony from james comey on capitol hill. so there is quite a bit going on here this morning here at the white house. jim and poppy? no slow friday morning. abbie, don t go anywhere for a host of reasons. thank you very much. let s get more on all of this. cnn s john avalon is with us. this has been the sort of longest impending resignation that we have seen in a long time. since jeff sessions. there you go. look, in november, so last month, the president said on fox news that he is still supportive of kelly, that he does a great job on certain things. other things are not his strength. there was that moment in may. let s remind people of that. let s play it between the two. i want to just tell you something. general kelly is doing a fantastic job. there has been such false reporting about our relationship. we have a great relationship. he s doing a great job as chief of staff. i could not be more happy, so i just want to tell you that. the new york times has falsely reported. they have said things absolutely false. so i just want to tell you that. and general you might have something to say. i would say it is a privilege to work for a president that has gotten the economy going. we re about to have a break-through i believe on north korea. the jobs report today, everything is going phenomenally well. okay. so that was may, john. that was after nbc news was reporting that kelly called the president an idiot. sources tell cnn that kelly had privately called the president unhinged. they made that very clear show of unity. now what? that s right. the president saying it is all fake news, false reporting. apparently not. look, john kelly brought a degree of professionalism to the west wing after priens prreince. but there is certainly a lot of bad blood. he fired a lot of folks who had their knives out for him since day one. but the president months ago said he is going to stay on through 20. it was after the bob woodward book that quoted him calling the president an idiot. we were led to believe this was fake news. turns out it was real reporting and it looks like john kelly may be heading for the exits. john avalon, we often have talked in this administration. do you remember when kelly joined the administration. his appointment was welcomed as a moderating voice for this president. and we have seen over the course of the last several weeks the departures or the decline of some of those moderating voices, nikki haley being one. john kelly here. the relationship between the president and defense secretary james mattis supposedly reportedly not as close as it has been. who remains in this white house and is telling the president things he doesn t want to hear, trying to control some of his worst instincts? who remains? that s the key question because that access of adults you referred to. they were there to give him accurate information and then execute his orders. that s what john kelly has tried to do. it really leaves mattis at the pentagon, and it really is a question of who takes that role, who fills kelly s shoes? is it someone who is a real strong trump person who is never going to contest? just on that point, what does it mean if it is nick ayers. he s really an establishment figure, a political operator, someone well known on capitol hill, not without enemies. that would be not of washington. but a georgia political operative that could make sense on paper, at least, in terms of unifying the vice president s staff with the white house and preparing for a presidential campaign. but is he a policy guy? is he a government guy? not so much. there is always a danger that it is designed to get shot down. you know, john, on the mattis point there, we had a test of that just recently on the khashoggi evidence, right? and you saw mattis line up with the president and mike pompeo, which seemed to be contradicted by the cia director s testimony. always good to have you on. let s get now because, again, another story we re covering today. d.c. federal courthouse, our own jessica snyder is there waiting for the latest peek into robert mueller s investigation into paul manafort, how he has broken this cooperation agreement. what do we expect to see today, jessica, and when? that is the question, jim. another day, another waiting game. we re waiting for two key filings, one here out of d.c. district court. the one here related to paul manafort. the special counsel s team must detail to the judge exactly how they believe that paul manafort lied and what he lied about during these plea talks. remember, it was at the beginning of last week when the special counsel s team revealed that they believe that paul manafort has lied about multiple subjects over several different meetings, but in that past two weeks we have been led to wonder what exactly did paul manafort lie about. the question will be in these filings. will the special counsel reveal what he lied about. and the key question being did paul manafort lie about anything to do with the trump campaign, with the president himself who at the time was the candidate? did he lie about anything possibly related to any possible collusion between the trump campaign and russia or were these lies, instead, about paul manafort s business and trysts in ukraine. remember, he faced that trial in virginia related to that and was convicted eed on eight counts. if paul manafort lied about any possible collusion with russia, that could have huge implications and could reverbuate all around a washington that s already on edge. we re waiting to find out. this filing could drop at any moment. the special counsel has said that some of this, at least, will be made public. it remains to be seen how much will be redacted. could come any minute now. we will be right on top of it. thanks very much. look, you re waiting to hear a lotto d today, as we all are. one big question is on michael cohen. a sentencing memo is going to come and it will outline a lot more on how helpful michael cohen was to the special counsel, how much he cowop raop and what that will mean in terms of leniency. what can you tell us? that s exactly right. look, the attorney for michael cohen already did his filings. that came last friday at 11:30 at night where he called michael cohen s cooperation specifically in the special counsel s investigation significant. the key here is going to be how the prosecutors, how the mueller team describes his cooperation. was it significant? what exactly has he provided. it s unlikely we will know everything because there is still this ongoing investigation and much like we saw in the michael flynn filing there is probably going to be redactions. but the key thing here is will they at least give us some idea about how michael cohen has been cooperating. and the other thing to keep in mind here, there is also a bigger investigation going on with the u.s. attorneys office here in new york, the southern district of new york, which can perhaps see a lot more people, including the trump organization. he is cooperating in that investigation, michael cohen is. and we also could hear some of that cooperation. there is a lot we could hear. but i think it is important for people to keep in mind there is still many aspects of this investigation that are ongoing that we re not going to know about for quite some time. most important for michael cohen, obviously, is jail time. how much jail time will the special counsel s office tell the judge they want him to serve? his lawyer, michael cohen s lawyer says he shouldn t serve any jail time. he s been helpful, and he s going to continue to be helpful to the u.s. attorneys office, to the fbi. and just to remind people, if we see the president sort of continue on this distancing himself from michael cohen, it was michael cohen standing up in federal court just last week saying he lied to congress out of loyalty to individual one, that of course being the president. stick around for us on that. we do have breaking news on the economy. brand-new jobs numbers out. weaker than expected. still a sign of a pretty strong labor market, jim. let s go to christine romans. so the economists were expecting 90,000 jobs. this one came in significantly below that. yeah, about 155, 000 new jobs. but you are on track for 2.3 million jobs. take the broader view, about 2.3 million jobs created so far this year. that s already better than last year, and it s on track to beat 2016, which is a very good year for job creation. so one reason why you might see 150 and not the 200 some had been expecting because at 3.7% unemployment, it very well could be not that companies aren t hiring as much but that they can t find the workers. this is what you call full employment. it will be interesting to see if we are a strong, tight job market right now that you can t be adding 200 plus workers every month without bringing in new workers from someplace else. business information services up 32,000 jobs. you also saw in health care 32,000 jobs. that has been a steady performer. health care in this country, hospitals and outpatient services and all the hospital facilities and health care facilities we see are a huge driver in the economy and manufacturing. 27,000 jobs created there. one manufacturing trade group saying that its investment in metals, in aluminum and steel facilities firing back up again because of the president s tariffs on overseas, that is helping that particular part of the white house. christine romans, thank you so much. we appreciate it. as you can see, a lot of news going on this friday morning. on top of it, a new cnn report sheds light on the hectic days after president trump fired james comey. we have heard andy mccabe opened an obstruction of justice investigation even before the special counsel was appointed. plus, marketing racing after a wild thursday. investors on edge after a top chinese tech executives as the u.s.-china trade truce hanging in the balance. and kevin hart quits the outcries after homo phobic messages he had tweeted in the past. the new sleep number 360 smart bed, from $999. intelligently senses your movement and automatically adjusts on each side to keep you both effortlessly comfortable. it can even warm your feet to help you fall asleep faster. how smart is that? 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at that point what you had was comey s memos that there had been some problematic conversations and then the firing of james comey. so that would have been sufficient to open an obstruction investigation into which mueller later stepped in to oversee. yeah. john avalon, you have a different issue now, right, in that the president has fired his attorney general in part or large part because he had rec e recused himself in the investigation. he now has matt whitaker in that investigation. do we know, would we know if the new acting attorney general has already taken steps to reign in mueller and the special counsel probe? we do not know yet. it s the subject of, of course, much speculation. we know earlier on the president got a head s up about certain actions taken and indictments about michael kcohen pleading guilty. but but don t know the extent to which he has involved himself. he oversees that investigation. but the mueller probe and certainly the documents we have seen and expect to see later today have continued. it will take time to see how involved he s been. but it also raises the question of the administration floating a new attorney general, someone that had been a previous attorney general for bush 41 to try to remove some of the controversy around whittaker s appointment. so someone who has not been senate confirmed has never been in this position for this amount of time. barr has been critical of certain aspects of the mueller probe. john, let me get the political play here of one of the president s newest tweets this morning that fascinates me. i ll paraphrase for you here. he s saying that, you know, rudy giuliani, his personal lawyer is crafting a counter report to the mueller probe and the mueller report that 87 pages of it, john, are already done and he said we can t finish it until, you know, mueller is done with his work. politically, john, what s the play here? that they would feel the need to write a report responding that is already 87 pages long and they have started doing so before the mueller report. this has been reported that basically they want to offer their counter factor, the alternative facts to whatever the mueller report comes down with. then this was actually dismissed in an interview that rudy gave last night. that s what the president is trying to correct, in offering this specific number 87. it shows there is a high degree of chaos in the white house when it comes to their plan, their strategy to respond to the mueller report, which might be characterized as a known unknown. one quote that jumped out to me, this is like jesus takes the wheel, but scarier. just before we go, you have this day, revelations coming on both manafort and coming, revelations that will possible affect this president or involve this president, and he has gone on another one of these tweet storms attacking the mueller probe. are those tweets relevant to the special counsel as he looks at the question of obstruction of justice? i think that his tweets over time can establish, particularly when they have attacked people in a position to have power over the investigation. you know, it can establish a certain motive for wanting this investigation to go away. i think it is important to understand that no individual tweet is going to be obstruction. but it is painting a picture that i think mueller will take note of. just a note, and we have live pictures there of the former fbi james comey arriving on capitol hill where he will be testifying behind closed doors, a testimony requested, demanded, i should say, by house republicans. we will keep you apprised of what we hear from there. thanks very much, as always. we are just moments away from wall street s opening bell. are u.s.-china trade talks in jeopardy after the arrest of a high profile chinese tech executive? we will ask one of president trump s top trade and economic advisers. that will be live coming right up. your enamel is very precious. acidic foods can wear away your enamel. your tooth is going to look yellower, more dull. i recommend pronamel because it helps protect and strengthen your enamel. it s pro enamel. it s the positive thing. every road in the world is now an information superhighway. (phone ringing) and the car has become an accessory to the smartphone. ride hailing, car sharing, carpooling. mobility services are proliferating. and there s a new generation who don t seem to want to own cars in the first place. it all means massive disruption to the car industry, cities, businesses and investors. i m martyn briggs for bank of america merrill lynch. cities, businesses and investors. only tylenol® rapid release gels have laser drilled holes. they release medicine fast, for fast pain relief. tylenol® i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it s my job to develop, apps and tools that simplify your experience. my name is mike, i m in product development at comcast. we re working to make things simple, easy and awesome. all right. james comey now very outspoken james comey just arrived on capitol hill moments ago. he will testify behind closed doors in just about half an hour s time. this is at the request of house republicans from the judiciary and oversight committee. democrats invited. some democrats will be in the room for this. manu, look, comey fought hard through the course to have this in public. it won t be, but the american people will know what is said on all sides here, right, because the transcript will be released i think in 24 hours. yeah. they said in 24 hours or as soon as practicable. whatever that means. it could be tomorrow. it could be over the weekend. it could be early next week. but we do expect to see a transcript soon. now, this hearing is closed doors. this interview will happen. it will take place probably all day long. two committees, republican-led committees, the judiciary committee. the republicans on this committee have been eager to interview comey on a range of subjects because of what they believe are fbi improper actions over the russia investigation in 2016, as well as the clinton e-mail investigation. now, the democrats say this is all part of a witch hunt, all part of an effort to change the focus from potential areas of collusion that may have occurred with the trump campaign and russia and instead focus on the investigation itself. but all those matters expect to be discussed as republicans will have their time to question. democrats will have their time to question. they will go back and forth, back and forth all day long until comey eventually emerges and we do expect him to talk to cameras afterwards. so we ll hear what he has to say at the end of the day, poppy. yeah. that is otable, thate s very likely may answer those questions, manu, that reporters have after this testimony because he has wanted it to be so transparent. most witnesses we have not seen answer questions. thank you very much. jim, now to you. well, all eyes on wall street now. markets flat so far this morning. this after down about 40 points there. the u.s. added some 155,000 jobs in novembe. unemployment rate holding tight at 3.7%. also this morning, investors raising doubts about the fragile trade truce with china. this after the arrest of a top chinese tech executive. a lot to get to this morning. thanks very much for taking the time this morning. good to be with you, sir. let me ask you about the jobs report. economists have been expects 190,000. it s 155,000. you have other signals out there the markets have been very edgy. concerns about tricking earnings. the oil markets as well. are you concerned an economic slowdown is coming? i love christine romans analysis that pointed out over two million jobs created. about 75% of the people coming in were coming off the bench essentially. they weren t being counted. those are the kind of trump folks we have been trying to campaign to get back into the workforce. the other highlight for me given what i try to do is manufacturing jobs. i would say that there has been give it six more years. it s like if you look at the last going back to 1970. we have had 12 months where we have had unemployment below 4%. seven of them are in the trump administration. what i also love is that the lower part of the income stream is benefitting disproportionately, both from the rise in jobs as well as in the rise of income. we had again rising wages, both in real nominal terms. so there is a lot of great things in that report. we think it s strong and on trend. let s talk china because there is a lot going on there and i know it is close to your heart. first the arrest of this chinese executive. someone made a good comparison. it would be the equivalent of tim cook of apple being arrested in china. you are in the midst of sensitive negotiations. is the administration angry, frustrated, surprised that this negotiation might scuttle those negotiations? so, they are two separate events. the problem we have is not the events. it is the bad actions of huawei. a very large company, founded by someone from the chinese military. it is frightening that any one of those cell phones can have a listening device for the chinese government. they said they wouldn t carry a phone because of that concern. our government doesn t buy them. new zeal laand doesn t buy them more and more countries. the point is, while they are a bad actor, let s look at what the indictment says and let the justice department do its thing. it was good cooperation between the ka nad yacanadians. the timing was unusual, but the actions were legitimate. that s par for the course in terms of what the justice department does. give us a sense of what president trump and xi are talking about and what progress can be made in these 90 days. we have close to about 60 more days now in this because coming out of that meeting president trump made a lot of claims about agreements made by the chinese. those claims were not echoed by the chinese at any of their public announcements. if progress was made, why are china and the u.s. on different pages? so let s talk about what happened in that room because it was an extraordinary piece of history. on our side we had secretary mike pompeo, ambassador bolton, john kelly and others. on the other side we had president xi and his team. none of us spoke except for the two presidents. mostly who spoke was president xi. he came in to that room and talked for about 45 minutes, offering a very detailed offer for a deal. clearly the chinese side motivated because of president trump s strong stance on their practices. they want a deal. and, so, when people say that, oh, the vagueness or whatever. inside that room, that president on the chinese side went over 142 items based on our demands for think about this. i mean, do we want to work with a government that forces technology transfer? that steals our technology and intellectual property, that counter fits and pirates, that sends in fentanyl across our borders, that spies on us? these issues have been going on for years. they are issues in china s national interest, to steal u.s. technology, to close its markets to foreign competitors. this is far more historic because we have an economy and an authoritarian state in china which fundamentally has to restructure its economy if it is to be a good citizen to the rest of the world because, if it won t, the rules are changed now. this president is the first president to stand up to this chinese per vags. we do have some breaking news. very important interview. we ll get to that in a moment. first of all, we have learned the president s chief of staff, john kelly, is not traveling with the president today to kansas city. that is significant, of course, given the talk about his impending resignation. abbie, to you, though, on two really significant nominations coming through from the president, the president will nominate william barr to be the next u.s. attorney general. he is senate confirmed. he was attorney general under president bush. let s begin with the significance of that. reporter: the president confirming to reporters as he s walking out that he will nominate william barr. this is a man that served as attorney general under george h.w. bush and was here in washington just a few days ago, saw a lot of people who were here in this west wing at the funeral for president bush. but one of the things that people are focussing on with barr are his past comments and writings about the mueller probe, talking about president trump s firing of james comey, saying there was perhaps a justification for the president to do that. he s also talked about whether the justice department should investigate hillary clinton for the uranium one deal. this is something president trump has talked a lot about in the past. in some ways you see barr echoing some of the things president trump might want to hear from his attorney general. at the same time, he is viewed as a more conventional pick. robert mueller has worked for him in the past. earlier this week, even a democrat, patrick leahy, had praise for barr as his name was mentioned as a possibility. it remains to be seen how this will go down on the hill. but here we re seeing someone who might have perhaps an easier time of getting confirmed in the senate for a position that is under a lot of scrutiny. yeah. the significance of having some democrats where he is notable. we are going to hear likely from the president in just a few minutes as he walks across the lawn there to go to cans is citcit kansas city, missouri. currently a cabinet position, whether it will remain a cabinet position is to be seen. former fox news host and journalist, what can you tell us about this pick by the president? she was someone in the president s sights for some time now. the president likes her way of handling herself at the podium. but a lot of people are raising questions about whether she has the qualifications, the foreign policy qualifications for this very important post, which is at the moment a cabinet level position. i know we re hearing from the president as we speak right now. i think we are. all right. one minute? jim, back to you with peter. peter, we were talking trade policy there, but you have major moves by this president, the expected departure of the chief of staff john kelly. stop right there. that s not happening as far as i know. you don t believe the chief of staff is leaving? i don t believe that until i see it. we have seen this reporting every day since he got there. we saw it back in may. and the chief not going on the plane today, that s no big deal. but he s not no. when we were in ben nose a arteries everything was fine. i mean, this is unfair to our administration, to pick on people one by one saying they re going to go or they don t have the confidence of the president or they don t have this and that. it s got to stop. it s like when and if the chief resigns, let him go. he s an honorable man. he s a great chief. stor sorry to interrupt agai. here s the president. i want to confirm that bill barr, one of the most respected jurists in the country, highly respected lawyer, former attorney general under the bush administration, a terrific man, a terrific person, a brilliant man, i did not know him until recently when i went through the process of looking at people. and he was my first choice from day one. respected by republicans and respected by democrats. he will be nominated for the united states attorney general and hopefully that process will go very quickly, and i think it will go very quickly. and i have seen very good things about him even over the last day or so when people thought it might be him. so barr will be nominated for the united states attorney general position. i also want to inform you that heather nauert, who has done a great job working with mike pompeo and others at the state department, heather nauert will be nominated. she s done work with nikki haley to replace nikki at the united nations. she s very talented, very smart, very quick, and i think she s going to be respected by all. so heather nauert will be nominated for the ambassador to the united nations. those are two very big ones. i have another one for tomorrow i will be announcing at the army/navy game. it will have to do with the joint chiefs of staff and succession. i look forward to telling you, and i will see you later. i will see you in kansas. okay. so there you have the president confirming the news that we just brought you, that he is nominating william barr to be attorney general once again. already senate confirmed. and heather nauert, the former fox news host, current spokeswoman for the secretary of state to be the u.s. ambassador to the united nations. jim, he did not take any other questions, jim, from reporters who have a lot of pertinent questions this morning about a lot of news. no question. and did not provide clarity on the fate of the chief of staff, john kelly. that s right. of course, we have a number of folks here. abbie phillip, you have been there at the white house watching this closely. tell us what you re hearing there about is there any news on john kelly s position since cnn s reporting earlier in the day. reporter: well, not since this morning. but we do know he s not traveling to kansas city. that being said, it is not unusual for john kelly to not be on every single trip the president takes. but at a moment like this, for him to be absent as the president is heading out on a trip like this and on a day that he s announcing a lot of other staff changes is very telling. we are still, though, expecting, according to our sources in the coming days for kelly to submit a resignation. but the problem here, jim and poppy, is that the president has not settled on a replacement. and i think that there is a sense here that the president will want to make that decision first before announcing anything further. he also teased some announcement tomorrow as he is going to the army/navy game tomorrow. so that is also another impending decision. but there is a lot going on today. the white house apparently not ready yet to announce the fate of chief of staff john kelly. okay. michelle, to you on the president s choice to replace nikki haley at the united nations, a very important role. you covered the state department, and heather nauert is currently the spokesperson for the state department. a big question, michelle. does this role, if she is confirmed, does it remain a cabinet position? what can you tell us about her and how prepared she may be for us? they believe this will be a lower role, that it won t be a cabinet position, which is what nikki haley is currently holding. that remains to be seen, though. and this has been quite a process. for weeks and weeks it has been rumors that healther nauert was the president s favorite pick for this role. she was strongly supported by ivanka trump and jared kushner. we know that within the administration there were some others who were urging the president to consider other people. we knew some of those names had been circulating. that might have been part of the delay, that there were urgings to look at other names. some of whom had more experience than heather nauert. but now we know the pick is heather. the president is choosing another fox news alumni for a very senior position in his administration. heather nauert at the beginning of this administration had come from fox and friends. she s been a journalist for about 20 years, most of which spent at fox. she became spokesperson for the state department. within a year s time, though, after secretary of state rex tillerson was fired, along with his undersecretary for public affairs, heather nauert was appointed to acting undersecretary. she went from being a news reader on fox to the number four person at the state. now she takes another high level position to become the u.s. ambassador to the un. the administration is speaking very highly of her. one senior administration official put out a statement saying she does have experience with foreign policy. she s traveling extensively. but critics are saying, at least one of them on the record, saying she is now the poster child for an administration that put people in places where they have no business being. so we re still with us. and thank you, peter, for rolling with the punches as the news keeps coming. i want to ask you as we see this because we were talking about china and trade. and this is a defining issue for this administration politically, but also economically. it is a defining issue for the world s two biggest economying right now. you have healther nauert who will be the un ambassador, a role certainly in this back and forth here. if the issues that you mentioned and trump has listed here, the sizable trade deficit, stolen technology, et cetera, if they are not resolved in 90 days, is this administration willing to walk away? it is a question of moving forward on the strategy, which is to simply raise the tariffs on the $200 billion from 10% to 200%. i would point out to the american people that today we raised close to $12 billion from the tariffs. what they have done wait. what they have done is drawn investmentcall a tax incidence economics. those are born largely by the chinese exporter. and big chunks from folks like you and me. the point is the tariffs are to defend this country from china s economic aggression against our technology and innovation base. they re working with steel and aluminum. they have attracted a tremendous amount of investment. strong for the defense industrial base. what president trump recognized is economic security is national security. when we strengthen our economy, we re also strengthening our national security. and this is a philosophy which permeates everything we do, corporate tax cuts, deregulat n deregulation, the steel and aluminum tariffs. all of these policies, and ch a china, getting back to this idea, this is more historical than nixon/kissinger because china is at an inflection point. it has to change and come to the world of free trading nations and be peaceful or continue doing what it s doing. if it s doing to continue doing what it s doing, we have a president that s going to stand up to that for once. peter navarro, thanks for taking the time and answering a lot of questions on a lot of stuff. it was fun watching the interlude here. poppy and i will be right back after this. still a lot of news to cover this morning. the cold and flu fighting machine. you put in your machine. press the button to brew up powerful relief. to defeat your toughest cold and flu symptoms fast. new theraflu powerpods. press. sip. relief. the greatest wish of all. is one that brings us together. the lincoln wish list event is here. sign and drive off in a new lincoln with $0 down, $0 due at signing, and a complimentary first month s payment. only at your lincoln dealer. you might or joints.hingirst for your heart. but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. it is a college football rivalry like no other. army versus navy. trust me, i have been to those games. they are awesome. it s not like columbia versus yale, what? not exactly. coy wire has more on tomorrow s game from philadelphia in today s bleacher report. good morning, my friend. good morning, poppy and jim. since 1890, the army/navy game has the pageantry and tradition that make it perhaps the greatest sporting spectacle in the world. it started with teddy roosevelt in nene 01, and tomorrow, president donald trump will become the tenth. he ll be here. he was here in 2016 as then president-elect. it s tradition for the commander in chief to sit on one side for a half and then switch so as not to choose any favorites. it s said that the army/navy game is the only game played where everyone who is playing the game would die for everyone who plays who is watching the game. so i have played in nfl games and historic rose bowl in college and even covered super bowls and olympic games. none of them compare to the stage that is the magic of the army/navy game. it s tomorrow at 3:00 p.m. that s quite a line, coy. everyone playing would die for everyone watching. wow, that is service. there you go. coy wire, thanks very much. lert. we re following a ton of breaking news this morning. a new attorney general pick from the president, a new ambassador to the united nations, and that is just the beginning of it. don t go anywhere. we re back in a minute. when my hot water heater failed it rocked our world. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they took care of everything a to z. having insurance is something everyone needs, but having usaa- now that s a privilege. -we have the power -to make a difference, right now. we have the power to make sure everyone has clean water. to provide access to education for all. -to rid the world of aids, -once and for all. we have the power. to choose to include. to create clean energy. to raise capital. and be fearless entrepreneurs. to understand different perspectives. we stand behind all our partners working to make a difference. what would you like the power to do? unstopand it s strengthenedtings place, the by xfi pods,gateway. which plug in to extend the wifi even farther, past anything that stands in its way. .well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. top of the hour, and it s going to be a busy one. i m jim sciutto in washington. i m poppy harlow in new york. we re so glad you re with us. he may not get the last word, but president trump today made sure he got the first word ahead of two major new reveals from robert mueller. any time now, the special counsel will tell a court while he s accusing paul manafort of violating his plea deal by lying. separa separately, mueller is due to tell another court how
people sitting in the waiting area all stood up at one time and turned and started running. it was chaos. it was mass chaos. among the victims a 28-year-old father of three yoind the police force a year ago. his fellow officers lining the streets saluting their fallen comrade. this guy was shooting. that poor woman that got off an elevator and nothing to do with nothing. all those officers that responded were heroes and they saved a lot of lives. we just don t know how much damage he was prepared to do. bill: mike tobin on scene this morning. the gunman identified as 32-year-old juan lopez had a relationship with one of the victims. they had a conflict in the parking lot. witnesses say at one point lopez was standing over her firing at close range and he continued into the hospital. officer samuel jimenez new to the force. three children at home received a call for an officer in need of help. arrived on the scene and came under fire shortly after that. when they pulled up they heard the gunshots and they did what the heroic officers always do, they ran toward that gunfire. so they weren t assigned to that particular call but they went because that s what we do. 25-year-old, a pharmacist as the superintendent mentioned just got off the elevator and probably never knew what hit her when she was shot. the gunman was shot. unclear if he was shot by police or turned the gun on himself. according to some radio traffic last night he had threatened to kill himself. bill: the first officer to die in the line of duty in chicago this year, right? unfortunately it is fought. chicago police are still mourning the death of commander paul bauer killed a few blocks from here last february. a foot chase with a man who lived there and the homeless man opened fire on the officer. the second officer killed. the mayor said it tears at the soul of the city. bill: a tough story from chicago. three minutes past. sandra: breaking news on the border crisis. obama-appointed federal judge ruling against president trump s ban on asylum for immigrants who cross the border illegally as the homeland security department says more than 5 uncriminals have been traveling with the migrant caravan. garrett teny is live from the white house now. what is the white house saying about this? so far neither the white house or department of homeland security have talked about the ruling. we re keeping a close eye on the president s twitter feed where he likes to weigh in this time of day. the aclu and center for constitutional rights sued the administration almost immediately after president trump issued his proclamation on november 9 which prevented immigrants caught crossing the border illegally from being able to then claim asylum. in his ruling the federal judge said the president did not have the authority to change our asylum laws writing congress is clearly commanded in the immigration and naturalization act that any alien who arrives in the united states irrespective of their status may apply for asylum. whether or not at a designated port of arrival. whatever the scope of the president s authority he may not rewrite the immigration laws to impose a condition that congress has expressly forbidden. that s important to note. this ruling is a temporary restraining order. this fight is not over. both sides will come before the court to present their full arguments a month from now. sandra: the white house is also pushing back on reports about ivanka trump s use of a personal email. what are we learning? the washington post reported that she used a personal email address to conduct government business sending hundreds of emails last year using a private email account she shares with her husband, jared. she reportedly did this throughout much of last year before she was briefed on the rules. you ll remember on the campaign trail candidate trump was highly critical of hillary clinton s use of a private email server. critics are using that pointing to his daughter s practices to call him a hypocrite. a spokesperson for ivanka says there are big differences saying to address misinformation being pedaled about mrs. trump s personal email. she didn t create a private server in her house or office and the account was never transferred or house at trump organization, no emails were ever deleted. the spokesperson said ivanka explained her email use to white house counsel and to congressional leaders last year after she was given this update on what these rules were and how she could follow them. sandra: thank you. bill: good to have you back, alan dershowitz. i feel like i m going to law school today. let s get through three of them. ivanka trump s attorneys argue it s not apples to apples. what do you make of that? i think it s hypocrisy on parade. each side uses whatever arguments they can to help and bolster their partisan position. everybody uses private emails. we now have a list of probably a dozen people in public life who have used emails apparently ivanka trump used the emails only for scheduling purposes. there was no classified material. the emails are all preserved. also owe a noon issue. it s partisan bickering. we should not be criminalizing the use of private emails either for hillary clinton on ivanka trump. bill: we need a better system. see if that happens. democrats are arguing you need senate approval or whitaker to be the acting a.g. the white house says he is in a temporary position and by law can serve for up to 210 days. even after that point you can argue whether he stays on longer. what do you make of that argument? i think you have to give the president some discretion to fill vacancies. he can t fill a vacancy pefrmly the day it occurs. justice thurgood marshall when he was appointed for the court of appeals served as an interim judge for months before his appointment was confirmed. he had not been confirmed and he was serving as a judge. throughout history from the founding we ve had interim appointments. i agree that if the interim appointment goes on for a long period of time or if major irreversible decisions get made by a non-confirmed interim appointee that can raise some constitutional questions. this lawsuit itself is much too broad in its scope challenging the very concept of an interim appointment for a non-confirmed person. bill: let me read you what they re arguing. installing matthew whitaker defies constitutional law. any viewer of school house rock would recognize it. americans prize the system of checks and balances. i m just a bill on capitol hill. school of rock. well, i think i was in the school of harvard and not the school of rock for 50 years and never heard anybody complain about interim appointments. it is such a partisan attack. if this were a democrat president who made an interim appointment we wouldn t hear these senators complaining. it is completely partisan. now, they have a point if it comes to serving for a long period of time but i suspect the president is anxious to make a permanent appointment and it will be up to the senate. if the senate takes a long, long time confirming as they have sometimes, then the interim appointment will last longer. that s in the nature of things. and the constitution certainly doesn t preclude a president from making a short-term temporary interim appointment. bill: topic three on immigration. you know this is red hot right now. a judge apparently agreeing with a democratic argument that you do not have to legally enter a port of entry in the united states in order to claim asylum. i think this law can be interpreted sometimes for different people from different countries from overseas. how do you see it, professor? i think he has the better of the argument, the judge does, on the statutory interpretation. there is nothing in the statute that suggests that the president has the authority to overrule congress. now, all he has done is given an interim injunction and so i m not sure how many people will be affected. ultimately he has to make a final decision but you have to look at the statute. the president s authority is not a constitutional authority. it is limited by statute. if the statute permits asylum seekers to seek asylum even if they come in illegally, that statutory rule has to prevail. if the president doesn t like that rule he should go to congress and have congress change it. bill: to follow up on that reading from the associated press. president trump used the same powers it writes he used last year to impose a travel ban upheld by the u.s. supreme court. i don t agree. i think it s a different power. the president has constitutional authority to decide people can t come in from particular countries. that s within his statutory authority. that s part of the statute that authorizes the president to make those decisions. but there is no comparable provision in the asylum statute authorizing the president to make decisions changing the nature of asylum. it is a complicated and interesting statutory interpretation that could go either way. i think a judge to get an injunction temporarily is probably the right judicial decision to make. we ll see what happens when the case goes to final resolution. it may get all the way up to the higher courts. bill: good stuff. thank you for coming back today. enjoy your thanksgiving. we ll see where the arguments go. next hour much more on this. jonathan turley is our headliner. the question is top of the next hour whether or not turley agrees with dershowitz. we ll find out next hour on that coming up. sandra: many different interpretations. after two recounts and countsless controversy florida finally making it official. right now election officials are certifying the winners of the state s most contentious mid-term elections. more on the big announcement. zbr president trump s approval rating hitting a new high when it comes to the economy. pulling off something his presented cess predecessors could not. sandra: heavy rain could promise relief from the deadly california wildfires but officials are bracing for a whole new set of dangers. we ll have a live report from the ground straight ahead. it s scary, the fires, it was right behind us. i m trying to stay as strong as i can for them. it is really hard to do it. i really just want to break down and find a new place but it is really hard. this food truck is our baby. and like any baby, it s loud, stressful and draining. and we love it. i refuse to let migraine keep me from saying. i am here. aimovig, a preventive treatment for migraine in adults, reduces the number of monthly migraine days. for some, that number can be cut in half or more. the most common side effects are pain, redness or swelling at the injection site and constipation. talk to your doctor about aimovig. and be there more. bill: polling numbers giving president trump a bump when it comes to handling the economy. 53%, up from 50% if august. a if you high for the president. art laffer, former reagan he -we could be down 400 points in 15 minutes on the dow. what is this administration doing right on the economy and what accounts for 53%? done almost everything right. the tax bill is spectacular, deregulation is wonderful. paul as the head of the fed is terrific. you don t get better advisors that kudlow and mnuchin. what trump is trying to do is a work in progress on trade but it is where we were with reagan. if you remember in august of 1982, you were too young. but we hit the bottom of the stock market. it was really still very low in november but all the policies were in place came january 1, 1983 all of them took effect. the same thing is happening here. trump doesn t have to do anything more for the economy. the economy bring it on. bill: rose-colored glasses from nashville, tennessee from art laffer. reading from gallup, trump s last two ratings on handling the economy, 53%, are well above the average of 45% on the economic approval measure across presidents from reagan through obama. he is reaching back in the 80s. you have the fed out there, art, you have the battle with china on tariffs. a lot of that is manmade. they are manmade in many ways. we have the problem with the fed as well. remember paul vol ker dropped the interest rates dramatically. 21 1/2% prime interest rate when we came into office. the rates were dropping because of tight money. everyone was worried the fed was going way too far and too tight. all the same head winds occurred with us. we lost the mid-term elections in november of 1982 badly to the democrats. reagan s approvals were very low and then we had this boom, january 1st, 1983 to june 30th, 1984. we grew by 12% at an 8% annual rate in real gdp. amazing. by november of 1984, we had won reelection by beating mondale 49 to 50. a landslide. reagan s world. all the deck has been set. all i can say to anyone is bring it on. just sit, hold tight and you will see whether this stuff works. bill: here is what i read after the mid-terms. no new tax cut package that will pass or happen. so what is the best arrow in the quiver? the tax bill itself. these things take time. we ve dropped the highest rate from 35% to 21%. we dropped the personal income from 37. pass-through cuts. 100% expenseing. they are all in place. look at the gdp numbers and employment numbers. they re coming true. it takes time, bill. what we ll see is the next two years we have plenty of time to see whether it works. if it doesn t we ll get shell acted. if it does we ll win a landslide in 2020. bill: you wonder if the economy is in shape without the tariff battle. i know what you are talking about gdp. some are wondering if the 4% or 3.5% is the occasional spike and the 2% is the norm established over the last 8 or 10 years. that s what they say. amazing how the spike comes after we pass the bill. we ll see whether it s just a passing fancy or whether it s real. i believe that the economy is set for enormous growth over the next two or three years and i think it will happen and if i m wrong, i m wrong. i ve been wrong before and i m much better at forecasting the past than the future but i m very comfortable with the position president trump is it. bill: good to see you. have a great turkey day. bill: thank you, art, talk to you. sandra: 16 house democrats are vowing to vote against nancy pelosi for speaker of the house. our a-team will take that one up and they re on deck. we re awaiting the u.s. s official report on the murder of saudi columnist jamal khashoggi. we ll tell you what the white house is now saying. the president said it is a complete tragedy. looking for answers and directed everybody to get the answers including the secretary of state almost immediately following the murder. if you re waiting patiently for a liver transplant, it could cost you your life. it s time to get out of line with upmc. at upmc, living-donor transplants put you first. so you don t die waiting. upmc does more living-donor liver transplants than any other center in the nation. find out more and get out of line today. this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you re up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving. simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. bill: stormy daniels attorney michael avenatti responding to reports that an actress filed a restraining order against him days after avenatti was detained by police on domestic violence charges. he responded to all of it in a tweet saying i ve never abused a woman or committed domestic violence. he said it s bogus and fabricated. i m a target and will be exonerated. it was not immediately clear if the actress was the same woman who accused him of domestic violence a week ago. sandra: fox news alert on the deadly fires in northern california. rescue crews working against the clock sifting through debris and rubble searching for any victims before heavy rains move in. now new threats of flash flooding and massive mudslides. 82 people confirmed dead statewide. 700 still unaccounted for. meanwhile survivors are returning to their homes or what s left of them. it is just two really nice houses well built by me and that s the only thing sticking up is the melted refrigerator. i don t have enough time left on the planet to ever have it again and that s pretty hard to take. sandra: we re live in chico, california. claudia. good morning, sandra, thousands of fire evacuees are waking up at shelters like this one in chico. this morning we re at the east avenue church and donated supplies helping 200 people who for now are living in the gym here. these folks are getting medical attention and trying to stave off an outbreak of norovirus going around. two more sets of human remains increasing the deaths from the camp fire to at least 79. the number of those unaccounted for has dropped to 700. search crews warn some people may never be found due to the intensity of the flames. with evacuation orders now being lifted in some areas around paradise residents are returning to sift through the rubble of what used to be their home. the state s insurance commissioner says the losses are staggering. in 2017 from all the california fires there was $12.6 billion in insured losses. that was only 68 hundred single family homes destroyed. we re approaching 11,000 single family homes destroyed his office is educating people about avoid to getting scammed by unlicensed contractors promising a quick home rebuild. this recovery will take years and people should be wary of shortcuts. it could cost them more in the long run. rain is in the forecast starting later tonight and into tomorrow. the rain will help wash away some of this unhealthy air but almost certainly complicate ongoing search and recovery efforts. sandra, officials are especially concerned that a heavy downpour could trigger mudslides. back to you. sandra: hard to believe now those threats with facing that state. thank you very much, claudia. we ll continue to follow all of it. bill: markets opening in a few moments. facebook leading big losses yesterday. how it could last. live report opening bill. sandra: a legal setback for the trump administration. what a court has ordered that could make it easier for thousands of migrants currently at the u.s. border to seek asylum here and the security issues being raised now by the department of homeland security. we have a president that takes border security seriously and a president that believes in the sovereignty of this country and believes in the rule of law. we have a president that supports the border patrol and ice. he is doing his job. take prilosec otc and take control of heartburn. so you don t have to stash antacids here. here. or here. kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn. -we have the power -to make a difference, right now. we have the power to make sure everyone has clean water. to provide access to education for all. -to rid the world of aids, -once and for all. we have the power. to choose to include. to create clean energy. to raise capital. and be fearless entrepreneurs. to understand different perspectives. we stand behind all our partners working to make a difference. what would you like the power to do? sandra: quick look at the markets here a minute into trading. it is not looking so good for the bulls. the dow just a few seconds after it open plunging more than 400 points. this is after closing down nearly 400 points yesterday amid reports of trouble at facebook. shares of the tech giant down now 25% so far this year on track to see their biggest loss biggest losing streak ever. some of those technology companies that led the market to record highs are now going down pulling the rest of the market with it. another big sell-off to start off this tuesday morning. bill: facebook, apple. i didn t want to watch it yesterday. then today. but you re right about that. the way we rode this market for the past year and a half has been on the backs of a lot of those big gainers. sandra: art laffer is all calm. don t worry. he sounds optimistic. a quick update, apple dipped into bear market territory. down 20% from its highs. facebook and apple taking big hits zbl. the catch with apple. if you re in your 401k or mutual fund just about everybody owns it across the industry. tariffs a big deal. the trade battle that continues. well, you can probably throw a dart and find a reason to go negative. sandra: we ll see. there are several weeks left in the year. markets could do just about anything. bill: art s history lesson was good. thank you, art, for that. sandra: it was. for those keeping track of the year performance 2018 so far, the dow is still up more than a full percent for the year. the tech-heavy nasdaq up nearly 2% for the year. there is still positive for the year as we continue to see selling. bill: facebook still dealing with the fallout from the scandal over selling users information. new claims that the company knew more about it by russian operatives to affect its platform. peter doocy is live on that. what have you found out? when lawmakers talk about russian interference they re generally referring to facebook ads purchased by people in russia to score discord in the u.s. facebook has testified how to stop it from happening again. a new wall street journal reports there has been more finger pointing inside the board room than fixing of algorithms and what cambridge analytica says. i think facebook hasn t been wholly candid with what it knew when and what how much did it tolerate the projects that were happening. it actually approved the terms and conditions of the applications. facebook spokesperson is quoted as saying this has been a tough time at facebook and our entire management team are tackling the issues we face. they are hard problems and working to insure people find our products useful and protect our community from bad actors. senate minority leader chuck schumer insists he can be tough even though his daughter works as facebook and employees have donated to him. schumer spokesperson says he has wore eefd that facebook would bow to pressure from republicans who oppose the purging of fake accounts bots and try to make it the priority in theron going investigation of the company. bipartisan support for regulations on tech giants like facebook but so far nothing. bill: thank you, peter. peter doocy watching that in washington thank you, sir. sandra: fox news alert. obama-appointed federal judge blocking the trump administration from denying asylum claims to immigrants who cross the border illegally as the homeland security department says more than 500 criminals are traveling in the migrant caravan currently at the u.s./mexico border. the president of the national border patrol counsel joins us now. what can you tell us about the update on the 500 criminals that have been traveling with this caravan? this is a good example of what we face on the border on a daily basis. when president trump says there are bad people coming across the border, there is proof. there is hard evidence to show that is in fact the case. so we have to be concerned about those people that are trying to cross our borders illegally or trying to game the system by claiming asylum. sandra: how big of a legal setback is this for the trump administration by this judge? it s not. it s a speed bump. we understand these activist groups are going to file their lawsuits in friendly jurisdictions and that s what happened in this case. when the dust settles and once it goes to the supreme court, if it even has to make it that far, we re going to get a good ruling and we ll find that the white house counsel knows what they are doing. just like with the travel ban issue. this is a speed bump. sandra: what exactly has the court ordered here. you can give us the take of the white house here as well. i know you recently met with the president. i met with him yesterday to go over all of the issues that are facing border patrol agents and border security including the troop deployment and how it s working. we have to look and we have to say that what this president is doing is extraordinary compared to his predecessors. he is trying to solve a problem that has existed my entire career. i ve been in the border patrol 21 years. i m not just sitting behind a desk and giving you theoretical standpoint. but what we ve seen him do is beyond what any other president has done and he is trying to tackle this issue that he inheristed. frankly, i think we ll get a handle on it. sandra: the decision by this judge, how does it make it easier for those who are already at the border to seek asylum? so basically what the judge just told them is go ahead and cross the border illegally. instead of going through a port of entry, a legal process, the judge just encouraged them to break our laws, cross the border illegally, drain border patrol resources because then we have to deploy our resources to those areas to take them into custody. this is the wrong decision. the wrong message to send. this is what is spurring these caravans to continue to come as we see caravans stacking up upon caravan. it is very disappointing that a judge would take this stance to encourage lawlessness. sandra: this is the stance from homeland security reacting to all this via a tweet from secretary nielsen. unfortunately some members of the caravan are causing disruption at our border, ports of entry, there is a legal and illegal way to enter the u.s. we ve deployed additional forces to protect our border. we will enforce all our laws. so what are these security issues at the department of homeland security is raising as a result of this? so you have to look at the 500 criminals that are there and also have to look at them rushing a port of entry. what the american public has to understand is they re sitting at the largest land port in the entire nation. this land port generates billions of dollars to the american economy on a yearly basis. when these people threaten to rush the port of entry they ll close it down and they re going to stop up this legal traffic that s coming through that generates this revenue and that s just wrong. and it upsets me, it upsets border patrol agents and should upset the american public to see they re trying to dictate to us how we have to treat them instead of trying to do this properly like what most americans and most legal immigrants have done. sandra: we have to leave it there. since you did just meet with the president the last few words here. what sense did you get from the president how things are going here as this caravan continues to advance? well, his sense is that things are looking up because he is doing different things. he is trying to take a different approach and these different approaches are paying dividends like what we saw in 2017 and we ll continue to see that going to the future. sandra: great to have you on the program this morning. thank you. bill: monday night football last night. it was something else, man, wow. what a string of touchdowns and turnovers between the rams and chiefs. two great teams battling it out back and forth battle all night long. smitty had the chiefs. i had the rams in a $1 bet. six lead changes. the rams able to seal the deal after a game-ending interception. 54-51 the final. four quarters, no overtime. the highest scoring game in the history of monday night football. first time any team scored 50 plus points and lost. a great player kansas city quarterback had the most touchdowns. sandra: that set the bar high for monday night football. bill: good football. maybe they meet in atlanta in the first sunday in february at the super bowl? playing well. sandra: breaking news out of california this morning with the situation continuing to get worse for those in the fire zone. heavy rains tomorrow now threatening to bring mudslides and flash flooding. we ll speak to officials on the ground live next. 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we have a goal by december 3 to get all 32,000 kids in this county and especially the 5700 kids who lost their homes into school in a nice environment. we ll have to use some temporary places until we can get more of an interim going. everyone is working hard. we have hundreds of mental health counselors preparing and have a big task ahead of us but we re staying on course and have confidence we ll have every kid ready to go to school back to school on december 3. bill: two weeks away. a tough holiday for a lot of families in northern california. i know you are well aware of that. you were in chico earlier. when you talk about the number of missing and unaccounted for, what is the process for determining where these people are now? well, our sheriff is the baddest guy around and so solid. he and i worked on we had to evacuate this whole county because of a dam. we have a lot of experience on this type of thing. the magnitude of this is terrible. they are doing the work, the forensics and the officers are up there looking for bones and looking for people. and that s another factor that really causes trauma for the kids and the families that are going to school. they are waiting to hear about their friends in the community that are missing. so it s not just like nothing else is going on. fire is still active. they re looking for dead bodies and we re trying to get kids in school. it s a really tough mix for us. we re butte strong and tough rural small town people and we won t back down. we ll keep going. bill: big challenges. if one were to drive into your town, be it paradise orrville, what would they see? is it every other street or block? how would you describe it to somebody who hasn t been there? it s just like a mass destruction like a bomb went off. when you see these fema guys and first responders that have dealt with a lot of fires come down the hill and look like they said they haven t seen anything like this with a fire. fire, like everything else in life is random. there will be a whole court of houses gone and one standing for no real reason. a couple businesses up and the rest are wiped out. the high school has every residence around them wiped out but not the whole school. the behavior of the fire was shocking. this is a small town. most of those people lived there their whole life. it is so tragic and we re i think we ve gone past the total shock and now it s setting in on those poor people. that s their town. as i told the people, it stops friday football. i think the stadium is still standing. when we rebuild it will be a great day. we have another football game up there. bill: our best to you. everybody out there, too. can i do one shout-out to all the people from fox. the football 195 of the student athletes lost their homes and i love whatever he is doing with the football teams but reach out to my fox friends and say we have an ag program and get something going for the kids. like someone to email me how we can do something for the kids in the agriculture world. football and baseball is being taken care of which is lovely and the boys and girls club needs their help. they lost everything. thank you for letting me say that. go to their website to donate to the boys and girls club. bill: thank you, tim. our best to you. you need a lot out there. tim taylor in northern california. sandra: fox news alert out of florida after two recounts and countless controversies the election results are in for the hotly contested senator and governor s races. we have the results next. bill: countdown to thanksgiving. turkey bird is going on. a presidential pardon could come this week, maybe today, huh? 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receiving the white house christmas tree and they have the pardon today. peas and carrots are the two birds from south dakota. peas weighs 39 pounds. carrot checks in at 41 pounds. i feel good about both of them. i like carrots, the favorite musical artist is elvis presley. sandra: i ll stick with carrots on the right, peas on the left. bill: nice hotel suite last night. sandra: getting a sense of the holidays. bill: here we go. sandra: after two recounts and controversy election officials are certifying the results in florida at this hour. phil keating is live in miami. good morning. good morning. now it is finally, finally over. the unprecedentedly close florida 2018 election has been certified. about 45 minutes ago up in tallahassee was the ceremony by the state canvassing commission and compared to the campaign and recount battles, this was beyond tranquil. the winners have been certified and always a brief ceremonial procedures. the canvassing commission is usually just three people. governor, state attorney general, commissioner of agriculture. since governor scott was involved as a candidate in the senate race, he recused himself. so filling in for him was republican senator rob bradley. it was all over in five minutes. there being no further business to come before the commission, the meeting. elections canvassing commission is adjourned. the two-week recount finally ended. the battle between republican governor scott and three-term incumbent bill nelson out of eight million votes decided by 10,000 votes. scott heads to washington in january as the senator-elect. a recount race for governor between republican ron desantis and tallahassee mayor andrew gillum. ron desantis is the victor and now official and he will be florida s next governor. so for the democrats in the state of florida, their 20-year losing streak in governor races continues for another four years and the first time florida has sent two republicans to be u.s. senators at the same time since the 1870s. our headliner is jonathan turley live with us coming up next hour. come on back. today, for the freedoms that we have here in this country. they re willing to do that for you, for me, and for our family. so for us, at newday, to have the opportunity to turn around and help those people at this point in time. it s a labor of love, it s a noble service, and that s what we re all about. sandra: fox news alert. u.s. stocks on the move this morning. the dow seeing a sharp sell-off on the open 30 minutes ago. here at the 10:00 hour eastern time and you are looking at nearly a 500 point drop on the dow. that s a 2% sell-off now well below 25,000 on the dow. the selling across the board. the broader s&p 500 plunging. nasdaq taking a hit as well. when it comes to the dow the stocks losing the most ground and weighing on that average is boeing, apple, the consumer and retail trade sensitive american companies are taking a hit this morning. disappointing numbers coming out from some of the big retailers heading into the holidays. also weighing on market sentiment here. a significant sell-off after seeing selling in yesterday s session as well. bill: apple has been under pressure. everybody owns a little apple. you talk about disappointment for earnings. target came out with a number that was not so impressive. we re starting to get a forecast for what the holiday season might or might not be. goldman sachs came out earlier suggesting apple may see flat growth for the next year. that would be a big change for apple. sandra: that s what started the sentiment last week with some suppliers to apple were hinting at lower sales, lower demand for some of the iphone parts and apple is now in bear market territory down 20% from its recent highs. it is not just a blip. there is a bit of a trend. we ll watch the markets. the crisis at the border heating up this morning as a new ruling from a federal judge threat espn the trump administration s immigration policy. i m sandra smith. bill: a federal ruling. department of homeland security saying there are more than 500 criminals in that caravan that has arrived in tijuana, mexico and where william la jeunesse begins his coverage today. good morning there. good morning, bill. this is a huge setback for the administration and a shot in the arm for the caravan. it is likely to encourage more caravans, more central american immigration. now, the administration tried to funnel all illegal traffic funnel it through here, the port of entry. only process those asylum claims. this judge appointed by president obama said can t do it. you cannot limit or restrict where a migrant makes their claim. the judge writes in his opinion asylum seekers will be put an increased risk of violence and other harms at the border and many deprived of asylum claims. whatever the scope of the president s authority, he may not rewrite immigration laws that impose conditions congress has expressly forbidden. what does it mean? it means any immigrant including the thousands who are here, can claim asylum anywhere on the border and there are thousands of places where there is no wall, no fence, no wire. they ll get apprehended and likely released regardless how frivolous their claim is found to be. 90% are ultimately rejected by a judge. this happened last yesterday. most migrants don t know it. the open border activists coaching them will bring it to their attention. now already in phoenix the pipeline is full. ice is using a church to handle and place families that must be released because they lack the space to keep them. taking in ten families to 20, to 30. the most we ve had is 60. that s about two to three people per family. talking about 120 to maybe 150 people here. this also changes the math. for those individuals who considered staying here in mexico and working because they couldn t make it into the united states, now with this new ruling they would be encouraged to go east of here into the mountains and make a crossing there and i tell you, this is very frustrating to border patrol agents who want to apprehend people but now people want to get apprehended. in august there was 100 people who were apprehended just east of here and all had a virtually identical story and most of them were released. bill: william la jeunesse, thank you, tijuana, mexico, that story continues today. sandra: meanwhile three senators all democrats now suing over the appointment of matthew whitaker as acting attorney general including hir oney who said this. donald trump can t subvert the constitution to protect himself and evade accountability. we want to court to make clear the senate must confirm whitaker s appointment as attorney general otherwise it violates the appointments clause. good morning. in the laws hour the senate minority leader chuck schumer released this letter asking the justice department s internal watchdog to investigate any potentially unlawful or improper contact between the acting attorney general and the administration. schumer remains in the minority when the new congressional term in january. if he gained access to confidential grand jury or information related to special counsel. schumer cites media reports as the basis for the investigation. three sem at democrats filed a lawsuit at the district court in washington challenging the whitaker appointment as unlawful arguing that the attorney general is a senior government official or principal officer and those positions require senate approval. it is widely accepted that his appointment is at the bounds of constitutionality and that we feel very confident the three of us who brought the case we stand a likelihood of winning this. the schumer letter is the second formal effort by democrats in the last week to push back against the appointment. sandra: the republicans are pushing back? aside from president trump who very publicly backs whitaker and the appointment, house republicans are stepping forward arguing the justice department s office of legal counsel, the group that provides legal guidance to the federal government, found the constitutionality of whitaker aefs appointment is supported by supreme court precedent. acts of congress and past administrations. here is congressman pete king. the department of justice, i feel put out a very reasoned statement, very reasoned analysis why the whitaker appointment is valid and does not require senate confirmation. so again, i think this is a side issue of being thrown out there by the democrats. also a senior outgoing house republican urged the white house to name a permanent attorney general very soon arguing it will mute the debate over whitaker. it s an open legal question. there are good arguments on both sides but he is the acting attorney general up to and including the time the supreme court says otherwise, i m a lot more interested in who the next real attorney general is going to be. bill: whitaker gives a major public speech tomorrow at new york s joint terrorism task force and we ll look for any indicators there as to his position. sandra: thank you, catherine. bill: want to bring in jonathan turley the constitutional law professor at george washington university and headliner today. how are you doing, sir? special day being the headliner, right? good morning to you and welcome back. first on whitaker. we ll go through three tointion. first whitaker. the white house argues he is in a temporary position and you can appoint somebody up to 210 days in a temporary position and you could argue beyond that. you say what to that? i think the statutory arguments against whitaker are quite weak. he does meet the conditions of the statute. there is an alternative succession statute that people are saying that rosenstein must be the acting attorney general. i don t think that s necessarily that clear. but having said that, i think there is a compelling argument to make under the appointments clause. the appointments clause says if you are attorney general and want to exercise those powers you need to be nominated and confirmed and makes it silly that you have tlooug all that unless you say someone is acting. so there is some legitimate objections here that a court will have to review to answer. the problem is really going to be whether these senators have standing to bring this case. whether three senators will be deemed by the court to be the people that should be heard on this issue. sandra: here is senator chuck schumer in his own words putting aside mr. whitaker s conflict of interest his appointment as acting a.g. is in direct violation of the constitution s appointments clause and should concern every american regardless of party affiliation who cares about the rule of law and justice in our country. you care about the rule of law, justice in our country. is he right? look, i think there are legitimate concerns here but this has been done in history. this has been done in the past. i m a critic of using historical practice as a way of interpreting the constitution. i think if it s unconstitutional, doing it over and over again doesn t improve things. but the court has not rendered a decision on this. this still remains an uncertain question. i tend to follow the text of the constitution. i tend to view the appointments clause as having the upper hand here but it is certainly true that this is an unanswered question as of today. bill: so we at dershowitz on last hour and we gave him all three topics. right now you guys are 1 for 1. on immigration topic two. the judge agreed with the democrats about the port of entry. whether or not the law allows you to seek asylum if you enter the country from an illegal point of entry. your point on that. i testified during the obama administration against the president acting unilaterally to rewrite the immigration laws. this judge is on good ground that president trump is essentially rewriting a critical part of the immigration laws unilaterally. what i find interesting is many groups applauded president obama when he was doing it. what is clear if anything is hypocrisy has no borders. many of these people were delighted when president obama, when he couldn t get something through congress, simply ordering it unilaterally and many of us said it was unconstitutional. bill: i think we re 2 for 2 here. dershowitz and turley. he looked at my notes. i ve got to tell you. bill: let s talk about ivanka trump. sandra: the white house is pushing back on the reports of ivanka trump using her personal email to conduct official government business. what more can you tell us? can you weigh in on what you re hearing so far? well, i simply find this all baffling. i don t know what it takes to convince government officials to stop doing this. it just it is a rather long and steep learning curve apparently for too many people. there are differences. in the clinton case you had a server housed in their house, there was serious questions of whether there was a truthful account. initially clinton said there was no classified information. there was in fact classified information. there was a ricks. the clinton people did not assist the state department when they were trying to find out what damage had been done. there are differences. but at the end of the day you still have to say or ask why? why would you do this? bill: classified information seems to be a higher bar. it is. bill: what the white house is saying is that this was in the early days and she was talking about schedules which kind of reminds you of hillary clinton s argument about the yoga schedule. the emails, i deleted them about any yoga schedule. the white house is saying it s not apples to apples. do you think it is? i don t think it is on all fours like what happened with clinton. the clinton matter was more serious. the type of information that was going through this private email doesn t really reach the same level as what we had with hillary clinton who, after all, was the head of an agency that had classification authority in and of itself. but that doesn t excuse what is a really baffling and sort of strange practice. it s not like this wasn t in the press. this is a president who ran on this type of violation. you would have thought of all the violations that might occur, this would be the last one we would see coming out of the trump administration. sandra: the way in which she and her spokes people are pushing back on this and specifically the comparison to hillary clinton, they re saying she did not create a private server in her house or office. never classified information transmitted. the account was never transferred or housed at the trump organization. no emails were ever deleted. there is a laundry list being provided. this is a distinction. it is still a sin but it is certainly not the same one. bill: on that count you guys kind of split here. so he didn t copy all your notes. jonathan turley, thank you for your time. we need to get turley and dershowitz side-by-side and go at it. thank you so much in washington, d.c. sandra: former georgia governor candidate staci abrams still upset about her election loss. was the election georgia statewide a free and fair election? it was not a free and fair election. sandra: earlier this morning governor-elect brian kemp fired back. our a-team will join us to weigh in on that. bill: another alert now. hell on earth for so many in california. the rain is coming. officials warning that mudslides and flash flooding could pose more danger. talk to a fema official about what they re dealing with today coming up. i have grandchildren that age. one on the way. for them to be out in the cold, nothing here, it breaks my heart. people tell me all the time i have the craziest job, the riskiest job. the consequences underwater can escalate quickly. the next thing i know, she swam off with the camera. it s like, hey, thats mine! i want to keep doing what i 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caused some concern heading into the holidays. although their numbers and forecast for the holiday shopping season were quite strong. so it depends on who you talk to out there. there is some optimism from art laffer this morning. reagan former economic advisor says stay calm. bill: i think it was hold, hold, hold. the dow has dropped 1,000 points in a week. sandra: still up for the year. by the way, here is an update from the fox business network. the s&p dipped into correction territory. it means it is up 10% from its recent highs but able to a lot of analysts on wall street. take note of that perhaps at the least. it has fallen the s&p has fallen nearly 10% from its record high of 2930. bill: a lot of the big flyers we ve been watching the last year and a half, to years, facebook, amazon, apple are all getting hit. sandra: we re watching it with you. it was like pow, pow, pow, pow, pow, pow, pow. it was extreme, loud and close. this is what happened. i don t know after that, swat came and got us out at the utility room and made us walk across the street. bill: another violent scene at a hospital. a man shooting and killing a woman in the parking lot reportedly his ex-girlfriend and a doctor at the hospital. the man entering the hospital killing another employee and police officer who responded to the scene. the gunman was dead when it was over. all going about their day, all doing what they loved. it tears at the soul of our city. it is the face and consequence of evil. bill: the fallen police officer shown here age 28. samuel jimenez leaves behind a wife and three children from chicago. sandra: fox news alert. survivors of the california wildfires just absorbing the scope of the damage there. at least 79 people dying in the camp fire in northern california. butte county officials say the number of people unaccounted for due to the fire is now around 700. now crews could face another obstacle. rain which could produce mudslides on the land. here are some of the victims from the wildfires. i m trying to stay as strong as i can for them. it is really hard to deal with, though, i really just want to break down and find a new place but it is really hard. it is really hard. i discovered that my insurance is a little less than half the value of the home and about 60,000 less than what i owe on it. so i m hoping that somebody will help me cover the gap because i have nothing. we lost everything. this could be me. this could be me living in a parking lot. luckily i have enough little saver s nest so we could stay in a motel. sandra: look at the stunning satellite images from paradise, california. the camp fire burned down a good portion of the city. joining us by phone is kefin hannes coordinating the fire relief effort. thank you for stepping away and giving us a few minutes of your time. can you please give us an update? good morning. thanks for having us on to give you an update on the camp fire. smokey still up here. but today we are still working with our disaster recovery center providing as much assistance as we can to survivors. in the state right now we have over 16,000 households that have registered with us. a little more than $8 million has been distributed to those households. majority of that is in the paradise area of butte county. so we re really starting to get the assistance to them. we want to make sure everybody knows to come to the disaster recovery center. they get the assistance you need not only from fema and small business administration as well as the town of paradise, the butte county and state has agencies to help you start replacing the vital records you need. bill: one of the staggering things about the story is the number still unaccounted for. how is the process going and how does it work? the process is run out of the butte county sheriffs office. they re working through very diligently as quickly as they can to insure they ve accounted for everybody. double and triple checking working with the red cross and federal and state agencies to get an accurate count as they go through so they can determine exactly who is still missing, who has been accounted for and we ask people to call the safe and well line, contact the american red cross or contact the butte county sheriff s office to ensure if they know they have a survivor that was listed as missing that they found and accounted for, all that information really helps the county sheriff. sandra: stunning images the viewers are seeing from the ground there. the before and after pictures are staggering. kevin, can you give us an update on how you are now preparing for the latest threat and that is rain that is going to be coming in and the new threat becomes possible mudslides? yes, we ve been working with this for quite a while. california office of emergency services along with other state agencies and federal agencies have been up in that area doing mitigation efforts to reduce the impact of a heavy rain in that area not only to protect the watershed but protect properties that are still may be remains there. we feel fairly confident the mitigation efforts will be successful and the latest forecast the rain may not be as heavy as it was forecasted a day or so ago. we ve got mitigation up there to prevent as much of a mudslide as we can. in addition we re working with survivors to get them into safe, secure shelters. there are still plenty of space available in the red cross shelters being operated in butte county and we ll do a big push over the next 24 to 48 hours to get as many people inside as we can. bill: that goes along with what a guest told us last hour. talking about the thousands and thousands of school kids who need to get back in class and he has a target two weeks from yesterday to make it happen december 3. do you see that as possible? i see that as very possible. i was at a town meeting last night and that topic came up. the city of chico is really stepping up and really supporting the paradise school district as well as their charter schools. finding locations, getting supplies in there, whether it s in temporary facilities right now or within inside the chico school system and the orrville school system to keep those students with their teachers together. the other thing they re doing a great job of is preparing the teachers and the staff at the schools not only from paradise and in that area but also the teachers in chico and orrville crisis counseling and mental health so they can work with these kids if they start seeing signs that the kids are feeling a little bit more stressed than they should be. sandra: kevin hannes, fema federal coordinating officer. thank you for your time this morning. thank you very much and have a happy thanksgiving. bill: thank you, sir. 27 past now. apparently the deadly suicide bombing in afghanistan, the reports we re getting are just brutal. dozens dead. many more wounded. a live report where it happened coming up near a moment. 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[ wrapper crinkling ] get this butterscotch out of here. progressive can t protect you from becoming your parents. there s quite a bit of work, cause this was all this was all stapled. but we can protect your home and auto when you bundle with us. bill: 10:31 fox news alert. afghan officials saying a suicide bomber strikes a gathering of religious scholars in kabul. many are dead and wounded. what happened this time? that s right. 40 people are dead and dozens wounded after a suicide bomber targeted a gathering in kabul, afghanistan just about an hour ago. that information according to the health ministry. the situation is still developing but here is what we know so far. the gathering was reportedly taking place at the wedding hall to celebrate the birthday of prophet mohammed. the interior ministry spokesman for afghanistan says hundreds of religious scholars and clerks who gathered to mark the occasion when a suicide bomber detonated themselves, two days after the special envoy met with taliban leader to look for a peace deal with the after gani government. the taliban is responsible for many terror attacks in the region. there is no confirmation yet who is behind the attack today. isis has also carried out a series of bombing attacks in afghanistan. a few months ago 34 students were killed at a university when isis did detonate a bomb there. moving forward witnesses on the ground, bill, say that thousands of people were inside the venue when the suicide bomber detonated. they are worried the death toll could rise. bill: brutal stuff. sandra: house minority leader nancy pelosi facing opposition, her bid to return to the post of house speaker. 16 house democrats signed a letter that calls for new leadership. we re live in washington with the latest on this. good morning, it is going to be fascinating to watch this play out. this is a two-step process. so if you are nancy pelosi, the first step is easy. november 28th house democrats will meet just as a caucus and decide on a nominee. you just need a simple majority. pelosi can easily get that. then on january 3 the entire house will meet. including republicans and presumably every republican will vote against the democratic nominee. if you re nancy pelosi or whomever the democratic nominee is you can only afford to lose 14, maybe 16 votes depending what the final account is. 16 mostly moderate house democrats have already signed on to a letter saying they want new leadership in the house. they praise pelosi but the letter also says this, however, we also recognize in the recent election democrats ran and won on a message of change. majority came on the backs of candidates who said they would support new leadership because voters in hard-won districts across the country want to see real change in washington we promised to change the status quo and we intend to deliver on that promise. so what does pelosi have going for her? first of all, she is a great vote counter. she knows how to get votes and knows how to twist arms. because many just assume she will be the speaker, she can make a lot of promises in terms of xhifty assignments and so on. no central figure that has emerged to take her on. ohio s marcia fudge has talked about possibly running for speaker. she hasn t made a decision yet. a lot of drama ahead here. back to you. sandra: doug, thank you. bill: bring in america s a-team. brian brenberg from king s college in new york. lawrence jones editor and chief campus reform. hello, sir. capri cafaro former ohio senate minority leader and the school of public affairs. hello. hope you all get a drumstick if that s what you want. i want a drumstick. i want to sit at your table. i m the pie maker here. bill: will she win or not? i think she in. i am always outspoken that my party leads new leadership. i supported tim ryan two years ago when he sought the leadership spot in 2016. but here is what s different right now. number one, pelosi was the leader when we won. she survived over almost 20 years when we ve lost over 63 seats for example in 2010. and here is the big problem. the democrats have not been able to come up with an alternative. so it s great to say we ll have new leadership. you have to have somebody to vote for. i got one final thing. one more final thing. you coming back to me? bill: no, one final thing. in the spirit of thanksgiving. they mentioned the republicans. republicans could actually potentially deliver this for nancy pelosi. 24 members of what s called the problem solver caucus are republicans and said they would vote for her if she supported a rule change package. what a bait and switch for voters who thought they would vote for democrats to get change. no, you get nancy pelosi once again. she lines people up for votes and raises money. this is supposed to be the party against the big money. nancy pelosi will get it because she raises the big bucks. bill: this letter they sent was political cover. there is a progressive wing of the party. when they campaign in the next election they can say we say we needed the leadership. she has the votes. a lot of people are making a big method about the speaker race. that s not the real issue. the new progressive wing of the party that will be just like the freedom caucus that will block things in committee. block things from going to the floor and both republicans and democrats are trying to stop those wings. party. bill: i thought we were the problem solvers. i thought smith and hemmer could do that. race forward for georgia governor. this is i did the math. 58,150 votes. i do believe that s correct. sandra: good job. bill: staci abrams isn t happy and she has leveled some pretty accusatory barbs against her opponent. you will hear from her on msnbc and we ll her that. was the election in georgia a free and fair election? it was not a free and fair election. it was not fair to the thousands put on hold with their registrations. brian kemp oversaw for eight years the systematic and systemic dismantling of our democracy. there could not be free and fair elections in georgia this year. in georgia we have secure, accessible fair elections. we make it easy to vote, hard to cheat. we check citizenship and require people to show a photo i.d. when they vote and verify this information before people go on the voter rolls. this is just political rhetoric. that s in the past. i m moving forward and looking forward to governing our great state. sandra: strong accusations. bill: how do we sort through this? she wants to run again for some statewide office and she didn t want to let her supporters down. the relish yu. if you had a problem with the way elections were set up in the state you should have made that an issue before the results came out. instead they want to complain after the results are out. a lot of this stuff is done on the county level. although the state has official control of it, most of these county officials control this and then report it back to the state. bill: her essential argument you purge the voters and they were people who would come out and vote for me. a losing candidates has a responsibility to uphold democracy. i understand she wants to rally her supporters and run again. you can say that without calling democracy into question in georgia. the fact is the laws they re talking about here were passed by democratic and republican leather. she has to play by the rules. if she doesn t want to do that she undermines the ability of the system to function in that state and harms her people. a couple things here. we need to remember they actually i believe her campaign manager said there were 21,000 provisional ballots yet to be counted. 20,000 to go to an automatic runoff. there were calculus if they held on long enough they would trigger a runoff. the numbers are not on her side. bill: we did go to our research brain room and said if you don t respond to a notice and make contact with election officials could if you don t vote or make contact you could be purged from the vote roles and the process takes seven years. provisional ballots is a different issue. challenges with the actual voting machines itself. interestingly enough former president jimmy carter governor of georgia way back in the day and famous for his election monitoring across the world said he had concerns surrounding the functionality of elections in georgia. i think a lot of this surrounded over the fact that kemp, whether he did or didn t do his job the optics were bad he was secretary of state. how? most of the counties report to the state. not like the state is adding all of this up. the counties as a former legislator the state legislature has a lot more to do with the issue than because he is purportedly the person that has oversight over elections. the folks at home maybe don t know the nuances. i think that s what they re trying to say. the majority of american people understand it was a heated election. one candidate lost and have to accept the results. time to move on. sandra: thank you all. have a great holiday. problem solvers here. all eyes on the dow. check it out. how low will she go? we were lower earlier. sandra: it s back a couple hundred points. bill: let s rally. sandra: new york city mayor deblasio wants even more government control? why he is now citing his, quote, socialist impulses. we have the money man charles payne here. he is riled up on this and joins us next. just got rescheduled - for today. amanda needs right at home. our customized care plans provide as much - or as little help - as her mom requires. whether it s a ride to the doctor or help around the house. oh, of course! tom, i am really sorry. i ve gotta go. look, call right at home. get the right care. right at home. hi, my name is sam davis and i m going to tell you about exciting plans available to anyone with medicare. many plans provide broad coverage and still may save you money on monthly premiums and prescription drugs. these are affordable, all-in-one plans that help pay for doctor visits, hospital stays and emergency care. but they also include prescription drug coverage. in fact, last year humana medicare advantage prescription drug plan members saved an estimated $6,900 on average on their prescription costs. call a licensed humana sales agent or go online to find out if you could save on your prescription drugs. this plan delivers coverage for the three things you may care most about; prescription drug coverage, doctor visits, and hospital stays. plus, potential cost savings on your plan premium. humana has a large network of doctors and hospitals. so call us, or go online to find out if your doctor is part of the humana network. ready to learn more? 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( ) bill: dow is down and a lot of it is with facebook. making money is charles payne. facebook is the beginning. zuck has issues? they have business and image issues. people stopped using facebook and instagram slowing down and they don t have a third act and how they botched everything they ve been involved in. internally how looks like some finger pointing going on. could see sheryl sandberg exit the company. unthinkable. the idea she was brought in to be the adult supervision in the room. a company in complete disarray and to borrow a term. zuckerberg has declared war against everyone in a desperate attempt to right the ship. bill: are you looking for a horse head on the bed? a few people in the company already have one. sandra: facebook is one of the companies everybody is talking about. a lot of technology names are selling off leading to the broader stock market sell-off we re seeing, another one today, dow down 428. that s interesting. a lot of things, not just one thing. all of these things equal one thing. the bias and emotions on the market are negative. bad news is bad news. good news is bad news. companies that reported earnings today i saw retailers great numbers, initially moved up, now they re down. we need to look at a wider perspective. apple and amazon are up for the year. there are up for the year. the ones in trouble like facebook and maybe goog else have a weight on the market. what we talked about before, the federal reserve i ve been worried about. they triggered the october sell-off. we don t know what will happen with them. have we gone through a peak earnings period with the stock market? it will be hard to match the earnings we saw in the third quarter. slowing economy. sandra: how much of this is the democrats winning control of the house? since mid-term election day the dow lost 4%? i think it s the tone. the very next day the market was up. but since then the tone of democrats who have declared war on president trump i think have been a real negative wave for the market. i think americans want to see legislation, not more investigations. they don t want to see maxine waters spending a lot of time digging up dirt on deutsche bank when people are trying to live their lives. sandra: thank you very much. many calling it one of the best nfl games in recent history. if you missed it, boy, did you miss a lot. 73 yards! sandra: on epic monday night football match-up. we have the 24/7 crew. what a football game. highest scoring monday night football game ever. it ended later than my bedtime. 773 monday night football games. 105 points in this one. the rams win and score last and win 54-51. this was supposed to be a super bowl preview. this reminded me of last super bowl on steroids. no defense at all. when i say steroids the score, not the players in that situation. you have to point that out in the nfl. you look at the record numbers. first time both teams scored 50 points in an nfl game. which means the chiefs became the first team ever to score 50 points and lose. they combined for 14 touchdowns, bill, one more than the buffalo bills have scored the entire season. there are four lead changes. sandra: records broken all over the place. bill: you stayed up? what time did it end? after midnight eastern time. my dad said it was like watching ali/frazier. we ll have to wait and see if next year s white house correspondents will be entertaining. there won t be any comedy portion next year. the comedy portion is usually pretty polarizing. everything came to a head last year with michelle wolff criticizing sarah huckabee sanders. next year a historian will be speaking that inspired the broadway musical hamilton speaking about the importance of the first amendment. michelle wolff tweeted about this. she is not impressed and said the white house correspondents association are cowards. the media is complicit and i couldn t be prouder. she thinks that the correspondents association is caving to something. sandra: no comedian. i think it could prove to be controversial. the president has been accused of attacking the first amendment. the speech will be exclusively about the importance of the first amendment. so depending how the historian focuses his speech. sandra: correspondents association is responding. michelle wolff got her say in. as we celebrate the importance of a free and independent news media to the health of the republic. i think it is good they avoided the comedy. it s good when the president is there. the president goes after the media and without president trump there it is a one-sided attack. bill: the historian wrote a great book on grant. crisis at the southern border taking a new turn after a federal judge blocks president trump s changes to asylum regulations. we re live from he tijuana, mexico with the latest on that today coming up. even pet hair, with ease. but what about cleaning above the floor? 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(bright percussive music) sandra: fox news alert on court action in the caravan crisis as fallout from a federal judge s ruling is seen. welcome back to america s newsroom, i m sandra smith. bill: i m bill hemmer. a federal judge blocked the trump administration from denying asylum to migrants who cross the southern border illegally. this as the department of homeland security says more than 500 criminals are in the latest caravan and that is a real concern for border patrol. from the very beginning this caravan has been different not only just because of its size, but because of the violence, the criminal elements in the caravan. the use of force. and then the messaging of the individuals in the caravan. sandra: william la jeunesse is live in tijuana, mexico. william. let me show you what the administration was trying to do. the port of entry, these people are in line illegal immigrants trying to get into the united states. the line right now in this port about 3,000. the united states will take 30, 50, maybe 100 a day that they have the capacity to process. the judge says you can t do that. basically illegal immigrants have the right to cross into the united states anywhere they want and claim asylum. the administration sounds like they will appeal that. timing is important because there are thousands of central americans here at the border and more in the pipeline who are ready to enter the united states. once this word gets out, likely there will be more. i have video of a church in phoenix where ice is already releasing people as a safety valve sending people to this church in 10, 20, 30, 150 right now. some coming straight from border patrol. we have food ready for them. first it got hard to get used to them. they haven t eaten for days. this judge appointed by president obama says you can t deprive them of their rights. congress gave the president broad authority to limit or even stop the entry of aliens into our country. further, asylum is a discretionary benefit given by the executive branch only when legal conditions are met and the exercise of discretion is warranted. what does it mean here in tijuana? most immigrants get their information word of mouth. yes, they will listen to the activists helping them and the lawyers who are teaching and coaching them. but they are also going to listen to the relatives in the united states what comes next. many were lining up for work fair yesterday to stay here in tijuana and work for a while. now with this ruling, sandra, it s very possible they re simply going to find an easy spot along the border, likely east of here in the mountains and try to cross. secretary nielsen will try to rally the troops. this is frustrating to the border patrol. 10 years ago only 5,000 people claimed asylum. last year 97,000. i can tell you already apprehensions in the rio grande valley have doubled this year. it remained unabated no whats what the administration is attempting to do has not affected the flow. sandra: william la jeunesse reporting from tijuana this morning. bill: washington attorney responding to the washington post report vancouver trump used a personal email account for government business a year ago. citing people familiar with the review of her correspondence saying it may have violated federal rules. the spokesman calls the report misinformation being pedaled. white house chief correspondent john roberts live on the north lawn with more. let s run it down. good morning to you as well. first of all ivanka trump dosage for the early part of her tenure she did use a personal email address not server, personal email address to conduct some white house business. you will remember during the 2016 election campaign president trump made hillary clinton s use of private email on private server a central argument in the election campaign. ivanka trump s legal counsel says her use of private email is night and day compared to clinton. a spokesman saying she did not create a private server in her house or office. never classified information transmitted. the account was never transferred or housed at trump organization. no emails were ever deleted and the emails have been retained in the official account in conformity with records preservation laws and rules. ivanka trump s representatives say her use of personal email was benign saying ms. trump sometimes used her private account almost always for logistics and scheduling concerning her family. ivanka trump was unaware of the rules with private email use when she first came to the white house 14 months ago when an issue was raised about jared kushner s use of a private email address and their joint account. she reviewed her use of a private email with the white house counsel and also explained it to leaders of congress. but no question, bill, this is going to give democrats yet another issue to take on when they take over the house in january. bill: another story here, the white house will not seek to revoke jim acosta s press pass but changing the rules for the next press conference. what s that about? a quick recap. after a press conference here on november 7 where jim acosta got into it with the president the white house pulled his hard pass. it looks like this and allow us to get into the white house complex by swiping it. it was ordered restored by a court last friday. the white house then sent acosta a letter saying we want to revoke your pass. give us a reason why we shouldn t and we ll give you a decision on monday. yesterday at 3:00 the white house said they were going to fully reinstate jim acosta s press pass but they were also going to put out new rules of conduct for the press which includes ask a single question at a press conference and yield the floor. follow-up question or questions may be permitted. where allowed and asked the questioner will then yield the floor. yielding the floor includes physically surrendering the microphone for use by the next questionnaire. violation could result in suspension or revocation of your hard pass. the white house got dinged by a federal judge kelly last friday for not giving acosta due process. the white house now believes it has given everyone fair warning. be respectful or you will be out, bill. bill: john roberts from the north lawn. sandra: for more on this on the new rules for press conferences chris stirewalt joins us now. good morning and happy holiday week to you. are these new rules, are they going to work? well look, you ve heard it said before you cannot legislate morality. neither can you legislate decorum. the opportunity is clear here for reporters who want to grandstand and make a show of it and maybe they will get what jim acosta got. maybe they will be on the front page for a week and all of this attention. so if you want to act out and you want to do this stuff, these rules actually for people who have the wrong idea these rules give people a way to violate the rules and get tagged and get in a public fight with the white house. sandra: are you suggesting that the rules that the white house is implementing here could backfire and cause more of these jim acosta-type moments? it s possible but i also think that the white house thinks it benefits from conflicts with acosta. if you try to say the media is the enemy of the american people. who would you rather talking about, john robert and the 99.9% of correspondents who abided by rules like these and didn t need to have rules what decorum looks like, what those things are about. they didn t need those rules. they these rules won t affect them. the white house advantage when they can point to people who act like jim acosta did and this is what we re talking about saying the press is the enemy of the people. sandra: a lot of talk since mid-term elections about 2020 and there are reports that beto o rourke s supporters want him to run for president. is it in the works? i don t know if it s in the works but he will get a good look. he did not win in texas but he did remarkably well for a democrat running in texas. he raised all of that money and certainly he became the democratic heart throb for 2020. you could feel the energy around him. the candidate like this charismatic, younger, inclusive message. this is where democrat s heads are and quite liberal. so this could be what democrats are feeling. and it is so early in the process and you know the old saying, republicans fall in line, democrats fall in love. if you are looking for a candidate who democrats might swoon for in the same way they swooned for barack obama in 2008, o rourke has to be on the list. sandra: interesting you should say that. i ll give your voice a break when i go to this in politico . how the beto bubble could burst and talks about him being the hottest thing on the left since barack obama. he has this is the candidate who can beat trump. this is obama 2.0. the next sentence in that piece is very important, however. he goes on to write but before o rourke announces a presidential run step out of the echo chamber and says the hype doesn t tell the whole story. he warns this, too, could expose his weaknesses. of course. whoever gets the democratic nomination is going to go down before they go back up, right? it always happens. early hype, collapse and then the restoration. look, there will be 20 or 25 credible democrats running for president in 2020. if you asked me today is it impossible or improbable that when we get to new hampshire we won t be talking about the o rourke come back? he is the kind of candidate that if democrats are going to republicans are difficult to win over. difficult to convince. when democrats go, they fall hard. and he is certainly the kind of candidate they could fall hard for. along the way there will be soul searching and they ll tear him down and build him up. sandra: he is seen as a rising star in his party. for his part he told some of his closest associates that all options are on the table including possibly a presidential run or another campaign for senate. chris stirewalt, thank you, have a wonderful holiday. happy thanksgiving. bill: a little hot tea for him. check on the dow. we re coming back is what i m telling you right here. amazon was trading lower by $100 a share. it is now back to even. sandra: it s only 11:00 a.m. bill: what i m saying, what you are saying is there is a chance. yes, there is a chance. a lot of pressure right now on technology sector getting hammered. negative news out there. investors starting to take it in. see how we ll do with the holiday shopping season upon us. sandra: it is not over yet. bill: correct. not even noon. sandra: holiday-shortened waex there is bigger swings in the market. something to keep in mind as we watch another big sell-off for u.s. stocks. bill: 12 past. fox news alert. crews in the california fire zone are racing against the clock to find more victims before the heavy rains move in. what those rains might trigger coming up. sandra: a federal judge blocking the asylum ban against migrants entering the u.s. illegally. what s next over the big legal battle over immigration? we have to look and we have to say that what this president is doing is extraordinary compared to his predecessors. he is trying to solve a problem that has existed my entire career. n the world is now an information superhighway. 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medicare patients. and these are the only plans of their kind endorsed by aarp. whew! call or go online and find out more. sandra: fox news alert on the court ruling in the caravan crisis one that blocks the trump administration s asylum ban. the president issued that proclamation earlier this month. asylum seekers could enter only at one of the more than two dozen official border crossings with mexico. the judge who issued the temporary restraining order. whatever the scope of the president s authority he may not rewrite the immigration laws to impose a condition that congress has expressly forbidden. joining us now is tom dupree. former assistant attorney general under george w. bush. good morning. so the judge is blocking this asylum ban for migrants entering the country illegally. what do you make of the decision? and how does this change things? well, look, i think everyone can agree there is a need to bring order to what is a chaotic situation at the border and it should be the policy of the united states to do whatever it can to channel migrants, asylum seekers to designated points of entry rather than crossing rivers and deserts. this isn t a total surprise. the administration is making an aggressive interpretation of the law and litigating in what has not been a favorable forum for this administration, federal court in california with a possible appeal to the ninth circuit. at the end of the day the district court s ruling in this situation doesn t surprise me a huge amount. sandra: this is the next step in a long battle over immigration. so where does this take this and where do we go next? absolutely. i think the next stop from the administration s perspective is try to appeal the ruling to the ninth circuit. i wouldn t be overly optimistic on the administration s chances in the ninth circuit but the endgame has to be the united states supreme court. we saw a similar situation play out a little while ago with the travel ban where the administration suffered defeat after defeat in the california courts ultimately they elevated the dispute to the supreme court which ruled in their favor. i suspect that is their legal strategy here. sandra: brandon judd was on with us earlier talking about when the dust settles and it goes to the supreme court and what that looks like. we understand that these activist groups are going to file their lawsuits in friendly jurisdictions. that s exactly what happened in this case. when the dust settles and once it goes to the supreme court, if it even has to make it that far, we re going to get a good ruling and we ll find that the white house counsel knows what they are doing. just like with the travel ban issues. these are critically important issues that would interest the supreme court. we have to keep in mind from the supreme court s perspective they aren t looking the get into the immigration business every term. there might be a bit of fatigue and let the issue percolate in the lower courts. from the president s perspective he is not patient. he wants the supreme court to get in to decide this. it doesn t look like congress will be doing anything in the near future to change the law. sandra: senate democrats have filed this lawsuit as you know challenging the appointment of matthew whitaker as the acting attorney general. jonathan turley said this earlier. this judge is on good ground. president trump is essentially rewriting a critical part of the immigration laws unilaterally. what i find interesting is that many of these groups applauded president obama when he was doing it. so i think what is clear if anything is hypocrisy has no borders. sandra: that s interesting. that s jonathan turley weighing on the immigration debate. he says the problem is really going to be when it comes to these democrats fighting the ablgting a.g. and appointment of whitaker, the problem will be whether the senators have standing to bring their case and three senators will be deemed who are the people to be heard on this case. where does this go? a great point. you have a lot of cases where people, senators, congressmen have an interest. institutional interest in something. but the courts will nonetheless say we won t hear that dispute because we don t think you have a dog in this fight. we aren t here to resolve political disputes. that s the first hurdle. i think this dispute is about protecting bob mueller and why this lawsuit is being brought. they basically want to be in a position to lay a foundation to say if whitaker tries to rein in mother he was illegitimately appointed and should have been recused because what he said about mueller in the past. everything needs to be looked like it s an effort to build a wall around the mueller investigation. sandra: thank you, good to see you. bill: fox news alert. shooting in a hospital leaves four dead including a police officer and beloved doctor. facebook under fire from a number of directions. the social media giant s latest 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the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you re up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving. simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. it was the thing like pow pow pow pow pow. it was extreme, very loud and close. this is what happened. i don t know after that swat came and got us out of the utility team and made us walk across the street. sandra: horrifying situation for witnesses, chicago police officer dead, two others killed along with the suspected gunman at mercy hospital in the city s south side. the attack happened monday afternoon when officials say 32-year-old juan lopez confronted a doctor in a domestic dispute at the hospital. police say he shot and killed her, a pharmacy resident, and responding officer samuel jimenez. emergency department director spoke about the victims. tonight we remember these three individuals whose lives were taken by this senseless killing. a physician and officer samuel jimenez just 28 years old. we cannot thank him enough for his courage and bravery tonight. sandra: the officer was married with three young children and on the chicago police force for less than two years. a sea of blue lights on police cars escorted his body to the medical examiner s office late monday. bill: 26 past the hour. new accusations that facebook knew more about than it let on about russia s influence in the 2016 election. peter doocy has a lot to cover on the story now. good morning. the only publicly known conclusion from all the congressional investigations into russian election meddling is that facebook ads were bought by people in russia, disguised as political ads to stir the pot in the u.s. several reports that the executives were playing the blame game in the board room. that s something the ceo mark zuckerberg has tried to address recently. i ve said many times before that we were too slow to spot russian interference. too slow to get on top of it. we ve certainly stumbled along the way. to suggest that we weren t interested in knowing the truth or that we wanted to hide what we knew or what we tried to prevent investigations is simply untrue. there is big bipartisan support for new regulations on big tech. the new york times is reporting that facebook and the senate minority leader chuck schumer might have a relationship affecting these things. their report alleges that schumer told senate intel ranking member mark warner to back off facebook where schumer s daughter works and where executives are donors to the schumer campaign. now it s said schumer has said this: schumer has worried that facebook would bough to pressure from republicans who opposed the purging of fake accounts and botts and urged senator warner to make it a priority in theron going investigation of the company. less reason to worry about russians or anybody else using facebook for nefarious purposes this morning. for a couple of hours facebook and instagram were down. bill: more to come on that. peter doocy in washington sandra: we may get an official report on the death of jamal khashoggi today as president trump faces growing pressure to get tough on saudi arabia and there is backlash brewing here and overseas. bill: getting a real scope of the devastation from the wildfires in california. rain threatens to bring another disaster today. we ll get an update from the fire zone today. i m trying to stay as strong as i can for them. it is hard to do. i want to break down, find a new place, but it is really hard. ist it is really hard. sandra: fox news alert on the california wildfires, crews working against the clock searching for any victims before heavy rains are scheduled to move in. now new threats of flash flooding and massive mudslides. 82 people confirmed dead statewide. 700 still unaccounted for while survivors are returning to their homes or what is left of them. as of right now we re just making it day-by-day hoping that we can get back up to our property and start to rebuild our lives again. no, life is very hard especially with the little ones trying to keep them happy and healthy and fed. sandra: claudia is live in chico, california for us now. as you mentioned evacuation orders are now starting to be lifted in some areas around paradise but many shelters, including this one here at a church in chico, remain full and now officials are worried about the heavy rain that is expected to roll into this area tonight and into tomorrow. fire crews and utility workers are still trying to clear away downed power poles, burned trees and other hazards. a big downpour could impede that. with a flash flood watch in effect search teams have intensified their efforts to find bones or bone fragments before the ground and ash turn to mud. they re focusing on burned out cars and bathtubs and mattress remnants that used to be inside homes and could contain human remains. about 700 people are still listed as unaccounted for. another big concern is getting students back to school. last week california governor jerry brown toured a burned out school in paradise. many kids were at school when the camp fire started. now some 5,000 students are homeless along with hundreds of teachers. we have probably 500 to 700 teachers without a home. it is just shocking. i ve heard of a school where all 43 employees lost their home and they have to come back on the 3rd and work with kids. i ve reached out statewide to bring in fresh people to help them organize that. help them out. with schools wiped out along with thousands of homes taylor is working to bring in temporary portable classrooms and grief counselors, everyone in this school system has been traumatized in some way. schools here in butte county set to resume in two weeks on december 3. many who have been in a state of shock since this fire began back on november 8th say some kind of routine will, in fact, be a welcome change and the beginning of a new normal. sandra: amazing challenges those communities face. thank you. bill: president trump saying an official report on the killing of jamal khashoggi could come as early as today. this after several published reports saying the c.i.a. concluded the saudi crown prince ordered the killing and pressure mounts for the president to take a tougher stand against saudi arabia. here is what he said to chris wallace on sunday. bill: did mbs lie to you, sir? president trump: i don t know. who can really know? i can say this. he has many people now that say he had no knowledge. bill: do you live with it because you need him? president trump: will anybody really know? he had people that were reasonably close to him and close to him that were probably involved. bill: former c.i.a. chief of station and fox news contributor out of london daniel hoffman. the c.i.a. has concluded with a high level of confidence that the crown prince was knowledgeable and responsible for the murder of khashoggi. intelligence assessment won t get you to 100% for sure. but a high level of confidence does mean something. i would highlight, however, that king salman reiterated that mohammed bin salman was not in the chain of command and the foreign minister saying it was a rogue operation for which he was not responsible. at the end of the day this is over to the president to take the intelligence assessment and make a hard policy decision. bill: the decision in a moment. back to fox news sunday with more on the possibility of sanctions. president trump: you saw we put on very heavy sanctions, massive sanctions on a large group of people from saudi arabia. but at the same time, we do have an ally that in many ways has been very good and i want to stick with them. bill: indication what? this is a balancing act for our pollz. saudi arabia is very important for a we re focusing on the 2030 reforms that the crown prince is implementing. there are serious foreign policy concerns. if we were to apply mag nights key sanctions we d risk ruining the relationship. the saudis talked with the russians about purchasing military equipment including the s-400 air defense system. bill: you were saying it is the president s decision clearly but encourage him not to rush that decision. take us through that, daniel. right. i think in the near term the president has nominated general abizaid to be his ambassador to riyadh. i know him well. he have is an extraordinary expert on the middle east. i would strongly encourage the congress to confirm general abizaid before any decision is made so he can be part of the discussion. he will own the results. he will be setting course for our foreign policy from riyadh and we need him to be part of the process. bill: last question on this. you ve heard outrage on behalf of republicans and democrats on the hill. what comes of that level of pressure, daniel? well, i think here is one time where we ve got bipartisan agreement, as you noted, outrage over the murder of khashoggi. we re seeing it as well from our european allies france and germany who halted military sales to saudi arabia. i think the president can use it to his advantage ation he deals with the saudis and concern in the congress about the murder and use it for leverage of maybe the saudis being more transparent and taking measures going forward that might satisfy the congress. bill: thank you for your analysis on that. we ll see if the report comes today. sandra: officials warning people get to safety fast after a volcano. bill: thousands of migrants move closer to the u.s. border with mexico. texas a.g. ken paxton is live next coming up on that. managing my type 2 diabetes wasn t my top priority. until i held her. i found my tresiba® reason. now i m doing more to lower my a1c. once 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found my tresiba® reason. find yours. ask your diabetes care specialist about tresiba®. there lots of people who are confused about which medicare plan is right for them. hey, that s me. i barely know where to start. well, start here with me, karen. i m a licensed humana sales agent. well, it s nice to meet you, karen. i m john smith. hi, john. at humana, we know you re unique. so you have different needs from other john smiths. yah, i ve always thought so. and together, we can find a plan that s right for you. great! i go to the doctor a couple of times a year. and i have some prescriptions. but i m never fully sure of what s covered and what s not. with humana s all-in-one medicare advantage plans, you get coverage for hospital stays, doctor visits, and part d prescription drug benefits. all for an affordable, and sometimes, no monthly plan premium. do you have any more information? sure. i ll get a decision guide in the mail to you today. they re free. finally. someone who understands the real me. your health and happiness is important to us. call or go online now to get your free decision guide. call a licensed humana sales agent today. sandra: the pentagon will start drawing down troops from the southern border as early as this week. military officials saying the troops should be home for christmas but not ruling out redeployment saying we may shift forces the other areas of the borders to engineering support missions m california and other areas. we re joined by texas attorney general ken paxton. good morning and thanks for coming on. can you add anything to what we are being told on these troops at the border and heading home? these troops were not sent there to detain or stop entry of illegals. they were went there for building barriers to entry and providing logistical support. my understanding is they ve done a good portion of that and so after they finish it the point of them being down there is gone. sandra: when you say they ve done a good portion of that. you talked about barriers. what more can you give us as far as details what the troops were able to accomplish during their time? my understanding is they ve completed about 75% of what they were trying to complete in building barriers to entry such as concrete barriers, some of these fences that they put up. shipping containers. they ve used various methods to stop illegal entry. i think they ve completed about 3/4 of that job. sandra: according to the report some troops will begin leaving the area before the migrant caravan arrives at the border. does that sound right to you? it doesn t surprise me because they were never brought there to detain or be a part of stopping people from crossing illegally. that s border patrol. we have border patrol is ready to do their job. that s their job. the military was sent there as backup and logistics and building these barriers to entry. sandra: because specifically the troops that they re talking about here are engineer and logistics troops to your point. meanwhile bob dean is the executive director for the american immigration report on fox news last night and made this big point, watch. mexico has not enforced its southern border. they have caravans and chaos throughout the country now throughout all of mexico. a concentration of it in tijuana. now you have the tijuana mayor who doesn t think much of this and you can t blame him. even on the best of days tijuana is a tough town and dealing with migrants. point of all of this is secure borders and regulated immigration is not just an american idea. it is a worldwide standard and it works. sandra: while we re talking about troops heading home before christmas, possible redeployment there is still a caravan of immigrants heading towards the u.s. border. so what happens next with all this as bob dane makes the point about immigration and rule of law? he is right about creating a mess in mexico. they ve done that. they should have enforced their own borders. some of i think some of these people have quit. i think we ll see smaller numbers than they originally anticipated. they will make their way to the border at different times. i really believe we re prepared for that better than we ve ever been prepared. i think we ll do what we need to do. the new asylum policy will slow some of the immigration down and i think it s sending a message to people from these countries it will be a lot harder to make your way to our country. sandra: more prepared than we ve ever been. what does that look like? you suggested they will make their way to the border at different times. how do we as a country, how do we at the border handle that, ken? well, i think the president is doing a pretty good job. we have border patrol in place to do that now. they ve been doing it and will continue to do it. they do a great job. i ve spoken to many of the people and prepared to do their jobs. in the past they haven t been given the authority to do their jobs. under president trump they ve been given that authority and he sent the message to these countries you are not going to cross illegally into our country and i think it will help as we go forward. sandra: and this as we continue to learn more about the makeup of that migrant caravan. there is still a lot. that s the hard part about this. a lot we have not known along the way. but certainly we ve seen them make this trek, this dangerous trek, long trek, long journey toward our border. seems to be coming soon. final word. you re right. we don t know a lot about these people and one of the frustrations we deal with in texas all the time. we ve had these policies we bring people in and we don t know who they are. their background. whether they re terrorists or committed crimes. we don t know really where they re coming from. they ve made the trek but don t know much about them. a concern certainly for my state and law enforcement. sandra: ken paxton, thank you. bill: a soon to be democratic house majority could push for healthcare reform and could look like medicare for all. but what about the fine print for such a law? dr. marc siegel will tell us what that s all about coming up next. it lets you borrow up to 100 percent of your home s value. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank, and lower your payments over 600 dollars a month. call today. and get the financial peace of mind every veteran deserves. go to newdayusa.com, or call 1-877-806-8332. this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you re up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving. simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it s my job to develop, apps and tools that simplify your experience. my name is mike, i m in product development at comcast. we re working to make things simple, easy and awesome. bill: with democrats taking control of the house in january taxpayers could see a major push with more government control of healthcare. what does medicare for all look like? marc siegel is here. what is the big thing on this? the big thing is expense. first of all we re talking about $32 trillion over 10 years to transition according to the urban institute which some call a liberal think-tank. you have two forces working on this. bernie sanders in the senate and in the house from seattle. i have to be careful what i say here. this is not only very expensive but taking a wrecking ball to the current healthcare system which works for many. employer-based healthcare that covers 170 million. some people say i don t want that job but i better take it to get my healthcare covered. that s a big deal and working since the eisenhower years. you have a job killer in place if you get rid of it and expensive. one size fits up. phraser institute pointed out a year or two ago in a mange or study there is a 20 week wait for elective surgeries in canada. bill: both bills would virtually get rid of private and employer-sponsored health plans that now cover 180 million americans? absolutely. not only that, it would get rid of traditional medicare, medicaid and medicare advantage would go. the current medicare system would be replaced by a one size fits all. no co-pays or deductibless. you have your card and get your healthcare. who will provide it? in the doctor s office we don t like big insurers or big government. this is replacing one with the other. there is no reason to believe access to healthcare would improve. bill: you mentioned canada. there will be comparisons to what is happening in great britain. a lot of people in england like the system. a lot of people in our country don t like the v.a.. fair compareson? britain rationing care, they will be rationing care here by the government. the v.a. is a great example. that s what the v.a. does. single payer and we ve been reporting for a couple of years long waits, can t get in to see a doctor, procedures not available. rural areas don t have the healthcare they need. that s a problem that the v.a. is trying to address. we re going to see the same thing. medicare for all is not the same as current medicare. as you just pointed out the employer-based healthcare system, the backbone of our healthcare system, will be disintegrated. we ll lose choice. what about choice and competition? if everything that you ve said is so negative toward the possibility of having a program like that, why is there gathering steam or gathering support on the left for it? because it s political. politicians like to say there are 30 million not covered. let s cover them. so they want big grandiose gestures. you look at australia which has medicare for all and it works but guess what? it started for medicare for all many years ago and private insurance is built on top of it. the backbone of our system is private insurance. doctor/patient. talking to a physician who doesn t believe it will improve quality, choice or competition. what does it do to innovation? you made a biggest point of all. we have great exciting treatments now coming out that medicare is already struggling to figure out how to cover. you might not be able to get the cure of the future for your lymphoma or get the robot that you need for your leg being amputated or the art ishl intelligence. how will you get a one size fits all insurance to cover something that works for you and doesn t work for me? genetic therapies? you can t do it. it is the wrong way to go. big insurance one size fits all is not going to go. not going the pass. sandra: the hunt is on in san francisco for an arson suspect caught on tape. surveillance cameras capturing the man carrying a red and white backpack walking to the back of the store. opened a package of toilet paper and took something out of his pocket before walking away. then a fire broke out. the owner in business for a dozen years says nothing like this has ever happened in his store and doesn t understand why someone would do this. meanwhile is crisis at the southern border unfolding with thousands of migrants seeking entry into the united states. what s the next move for the president after his asylum policy is struck down in court? more on that coming up. with two swappable batteries, at maximum suction the shark ion f80 has more run time than the dyson v10 absolute. or, choose the upright model for whole home cleaning only from shark. - [narrator] this is an urgent message from the international fellowship of christians and jews. there is an emergency food crisis for elderly holocaust survivors in the former soviet 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- [yael] god promises to bless those who bless israel. may you be blessed as you bless his children. your digestive system has billions of bacteria but life can throw them off balance. re-align yourself with align probiotic. and try new align gummies with prebiotics and probiotics to help support digestive health. bill: if you had to choose between peas or carrots, would you choose? when it comes to this? it would be carrots. it would be carrots. to be know if that s peas or carrots? bill: do not. i let carrots too, by the way. i support that sent the mike decision. sandra: so, peas or carrots made an appearance in the white house briefing room a short time ago. one of the lucky birds will be pardoned. bill: yep. good luck. [laughter] sandra: okay. it bill: that s about it. sandra: that s all you got? that s it. thank you for joining us. we will see you again tomorrow. outnumbered. a bill: i hope you get a drum. melissa: fox news alert, the trump administration responding after a federal judge blocked new rules denying asylum immigrants to come into the united states illegally. the administration saying that they will fight this ruling. this is outnumbered, i melissa francis. here today is harris faulkner. fox news contributor, katie pavlich. fox news contributor at jessica tarlov, and joining us on the couch today, the host of bulls and bears on the fox business network, david as unpaid he s outnumbered, but not really. because there are some bears on wall street today! harris: apple is a bear today! david: it ain t good, it ain t pretty. harris: i can t count as big as you can