eric: former deputy assistant attorney thomas dupree will dig into all of it but we begin with rick leventhal. a stunning set of admissions in lower manhattan by a man who was one of the president s most trusted employees. he lied, paid women off he says to pay his boss. he walked out of the courthouse late yesterday free on $500,000 bond pled guilty to hiding income from his taxi cab business and hiding debt to secure a home equity loan and arranging payments to two women in the run-up to the presidential election in coordination in and at the direction for a candidate to federal office to try to help him win. mr. cohen disregarded that training, that tradition and decided that he was above the law and for that he is going to pay a very, very serious price. he admitted he paid $130,000 to stephanie clifford, stormy daniels, because she was ready to go public with a claimed affair with mr. trump. and he arranged to reimburse a tabloid to bury a story about karen mcdougal who also claimed an affair with mr. trump. he says the president should be worried. yes, he committed a crime. he should be indicted if he were not president, he clearly would be indicted and jailed for that crime. whether he can be indicted as president, of course, is not yet decided. nothing in cohen s plea deal requires him to cooperate with any investigation of the president but it doesn t preclude him from doing it either. eric: the president is tweeting. what else are you hearing from the white house on the stunning developments? it was a pretty remarkable tweet and we got a statement last night from the president s new personal lawyer rudy giuliani who said there is no allegation of any wrongdoing against the president in the president george w. bush. what a morning, night, afternoon, the news keeps coming in. paul manafort, what are the implications of the outcome of this trial on the mueller investigation and president trump? absolutely. what an afternoon it was yesterday. developments occurring every hour on the hour it seemed. as far as manafort s significance, there are a few things to take away here. the first is look, this trial did not concern any of the work that manafort did in his role as campaign chairman for president trump. the president is right. this didn t involve the collusion allegation, this didn t involve any work that manafort did for the campaign, for president trump. so president trump is not directly implicated by yesterday s verdict. at the most it calls into question the decision to have paul manafort serve as campaign chairman but tees up the question there is the possibility on a pardon on the table for manafort. he thinks it is not a fair prosecution but remains to be seen whether the president feels so strongly about this that he would take an extraordinary step of pardoning paul manafort. sandra: does it put more pressure on other players in the russia investigation as this is seen as a victory for robert mueller. it shows mueller is not afraid to take the cases to trial and capable of obtaining for convictions that carry serious jail time. anyone who has followed bob mueller and familiar with the folks on the mueller team. this is the varsity. they re serious prosecutors taking their mission seriously. anyone who would underestimate that i think would be running a risk. sandra: all of it came minutes after michael cohen fed guilty in federal court. hearing last night from his attorney lanny davis who is coming up at the top of the next hour on america s newsroom, said his client, cohen, more than happy to talk to mueller and tell all that he A look at the day s news and headlines. we have confirmed with homeland security investigations that he is an illegal alien and we believe he has been in this area now for four to seven years. we re able to track his pattern and the routes in which he took. we also were able to find mollie running on this video and we were able to determine that he is one of the last ones to have seen mollie running. eric: matt finn is live with the heartbreaking ending and why rivera was in this country in the first place. 24-year-old christian rivera is charged with first degree murder in the death of mollie tibbetts. they say he confessed july 18th, the day mollie disappeared, he followed her on her jog and she became frightened and got out her cell phone and said get away from me i will call police. he says he blacked out and doesn t remember what happened next but she ended up in his truck with a bloody skull. he led them to her body that he hid in a cornfield. ice says rivera is from mexico and have placed a detainer request on him in this county. we ve learned rivera worked at a farm just a few miles from where mollie vanished. they released a statement saying rivera was an employee in good standing and somehow passed the government s e-verify employment system despite his status as an undocumented worker. it lists several owners of the farm. they might be relatives of craig lang who reportedly was a former republican candidate for iowa s agriculture secretary. mollie s mother was with her two sons at the press one interference where police announced her daughter s debt. she remained stoic and quiet as she has throughout this entire ordeal. mollie s dad lives in california and spent a full month on the ground here in that wants to really destroy the coal industry. a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that s a privilege. we re the baker s and we re usaa members for life. usaa. get your insurance quote today. that skills like teamwork, attention to detail, and customer service are critical to business success. the kind of skills, that work for you. you don t see psoriasis. you see clear skin. 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for patrick morrissey. he is trying to unseat democratic senator joe manchin in the mid-terms. president trump: this november, voters in west virginia will face a very simple choice. a vote for patrick morrissey is truly a vote to make america great again. joe manchin no longer has west virginia values, period. when i get to the u.s. senate, i m going to be a strong ally of president trump. we re all going to help sure this guy not only that we make west virginia great again but continue to make west virginia great again. best way to do that. liberal joe has got to go. eric: attorney general patrick morrissey joins us now from west virginia. what do you mean joe manchin doesn t have west virginia values. he has been leading in the polls and pretty close to president trump. well, i think most people in west virginia are really beginning to see that joe manchin sold them out when things mattered most. when you support hillary clinton, barack obama, radical gun control. when you oppose the trump tax cuts and you don t try to really fix obamacare, these devastating premium increases, then you don t have west virginia values. and that s joe manchin. joe manchin went to washington, lost his way. i think as more people learn about my strong conservative record of accomplishment taking out the obama power plan, changing the national drug quota system through our lawsuit and doing good things to help our state produce jobs, i think know this is a very clear contrast and they don t want a dishonest liberal in joe manchin. they want a conservative fighter in patrick morrissey. eric: he says morrissey will have to answer to 800,000 west virginiaance trying to take health insurance coverage away. insurance companies could deny people with pre-existing conditions like diabetes and high blood pressure if pat has his way. what is your answer to that especially in coal country where, you know, our great coal miners can face serious health problems? well, i think this is another example of how joe manchin is being dishonest. these are scare tactics. there is no difference between the candidate on helping those who need it most, those with pre-existing conditions and those with catastrophic expenses. joe manchin has a terrible liberal record and that s why he has to make things up about my very strong record. look, we have to get rid of obamacare. these spiraling out of control premium increases that are hurting west virginia families and so we re focused on that. but joe manchin wants to divert attention in a topic where there is no difference between the candidates. let s focus on getting rid of obamacare s ridiculous premium increases. we got rid of the mandate in the tax bill that joe manchin voted against. it is time we make changes to help hard working men and women in west virginia give them the kind of healthcare choices that they deserve. eric: you re an attorney general, chief law enforcement officer of your state. what s the reaction to your state and the voters with the cohen and manafort convictions and that the president ok d hush money to try to influence the presidential election which would be a felony. look, as a prosecutor, i have to take and look at all the facts. one thing i can see already and i think even the mueller probe proved there was no collusion. and so this has been a witch hunt for a long period of time. and make known no one is directly implicated the president. eric: michael cohen did yesterday by claiming that the president had directed him to make that illegal payment. quickly. look, i can t speak to the motivations behind someone who may have multiple charges against him, trying to cut a deal. i can tell you this, so far no one has directly implicated the president. this president has had great policies for west virginia. good judges,-up holding the rule of law, taking away burdensome regulations, helping out coal. eric: i apologize. we re up against the computer and nothing we can do against the computer. michael cohen did implicate the president. charges, sir, charges, not facts. sandra: more on all this coming up. republicans are looking to flip a florida senate seat from blue to red. rick scott is looking to take bill nelson s place in the senates. he is talking about his senate bid and more. the red hot immigration debate is back in the spotlight as an illegal immigrant confesses to the murder of mollie tibbetts in iowa. . or joints. 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. so you have, your headphones, chair, new laptop, 24/7 tech support. yep, thanks guys. i think he might need some support. yes. start them off right, with the school supplies they need at low prices all summer long. like these for only $2 or less at office depot officemax. today s senior living communities have never been better, with 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speaker paul ryan says congressman hunter will be removed from all assignments pending resolution of the case. she was found in a corn field and there were corn stalks placed over the top of her. we confirmed that he is an illegal alien and we believe he has been in this area now for 4 to 7 years. eric: that s special agent in iowa on the tragic end of the search for mollie tibbetts. an illegal immigrant confessing to the murder of the 20-year-old college students. the suspect making his first appearance in court a few hours from now. jonna spilbor joins us. so heartbreaking and terrible that this illegal alien who has been here for several years has been charged in this horrendous murder. if he wasn t in this country illegally mollie tibbetts apparently would be alive. would still be alive today. you can t help but compare the case to the kate steinle case. and if we had a wall, mollie tibbetts would be going to college in a couple of weeks as she should be. it is heartbreaking. eric: not just the wall but it s actual laws were enforced then perhaps that would be the case. the difference between kate steinle and this, this suspect has confessed as opposed to going to trial. so we will not have an opportunity to have 12 people get it wrong like they did in the kate steinle case because they were picked from a pool in a sanctuary city. we have a confession. unless he retracts it, it looks like there won t be a trial here. one of the things disturbing about this case his employer is saying he passed the background check. they did a background check and he passed it. that begs the question to me how easy is it to beat the system? how easy is it to fake the documents necessary that go into the e-verify system? eric: he works for a farm in iowa and he has been employed there for several years and they say they check all their employees but go through the e-verify system. can you explain what that is? was this a loophole, not caught or as you point out, perhaps fake documents? maybe we have a bigger problem. when you employ somebody they fill out certain information which includes their legal documentation, social security number, etc. any information from homeland security. you take that information as an employer and plug it into the e-verify system. in three or five seconds it tells you whether that person is legally able to work in this country. according to this employer. i don t know whether we verified if they are being honest, but according to the employer he passed that. did he have somebody else s identification? did he pretend to be somebody else or do we have a hole that these documents are easy to fake anybody can beat the system? eric: what do you expect will happen. no death penalty in iowa. i expect he will spend the rest of his life in prison here and makes no sense to deport him. he will just come back again and we don t want to have another opportunity to kill an innocent person. he will spend the rest of his life behind bars. sandra: we re moments away from a big milestone on wall street. the longest bull market in u.s. stock market history. how we got here and what it means for your bottom line. eric: supreme court nominee bret kavanaugh is making the rounds on capitol hill. how did a meeting with a critical swing vote susan collins of maine there on the left? how did it go yesterday? i have always waited until after the judiciary committee hearings before rendering a final decision on a supreme court nominee. you never know what questions are going to come up. the stock market opening just a couple minutes ago marking the longest bull market run in u.s. history. nearly 9 1/2 years of unprecedented gains. joining me now maria bartiromo anchor on mornings with maria on fox business network. this is a major milestone for this market. it has shown resilience, maria. to show this kind of run-up. that s really the key, the resilience of it. the rally we ve seen in stock prices is based on real fundamentals. based on earnings and economic growth. for a time it was based on the federal reserve and cheap money. you know the federal reserve went to zero on interest rates after the financial crisis. it was all on the feds to take us out of that financial crisis in 2007. but it did. rates were low. it helped things come back and then it was all about the corporate sector and earnings. when you look at the earnings story they re strong. 26% profit growth in the first quarter. 20% profit growth in the second quarter. really strong. that s why it is 9 1/2 years but probably continue for several more years because the fundamental back drop is there. sandra: write ups were fun to look at. by the way, when you look at the dow and it is sharply unchanged. today it is hovering around the unchanged mark there, what we re talking about here, these are gains that have sustained over a period without ever dipping into a bear market which is when the stock market falls 20% from its most recent highs. that has never happened. it has fallen into correction mode where it sells off 10%. the big question is who gets the credit for this? this has been going on for over nine years now. certainly the recovery began under president obama, no doubt about it. when president trump came in and started rolling back regulations that was really critical. the president rolled back regulations and unleashed animal spirits in business once again. that was a big part of this as well. certainly the recovery started under president obama and the federal reserve should get much of the credit in my opinion because the fed had easy money for so many years. now you also are looking at an earnings picture that is strong because of roll back in regulations and lower taxes. no doubt the earnings period we saw this year and at the end of last year that was so strong was largely due to the tax cuts and the ability on the part of corporate america to start spending the money they were sitting on for 10 years. sandra: the everyday conversation, companies are not spending that money. now they are putting money into i.t. and r & d. charles payne is a big fan of the bull market for a long time and doesn t see it going away any time soon. how much longer does it last? he always notes that unfortunately the individual investor, most of them, missed out on this rally. they were living in fear because of the last financial crisis and the biggest recession since the great depression. there was fear that left people out of this market. so if people are seeing this now, should they be getting in? does it last? i think you have to look at this market over the long term. you don t want to look at the market on a day-to-day basis or week-to-week basis and why it s really important to analyze this rally over a 9 1/2 year period because that s long term. if you are putting money into the stock market today you really want to have a feeling that you don t need it in two weeks. you don t need that money in a year or three years. this is long term. i would have to say agree with charles, you put money into the market and you wait. that s the same thing with your 401k. you put it in there and leave it alone. you wait for a long term and how you get real returns. there is no other asset class that will create as much wealth as the stock market will. sandra: final point. what if anything keeps the market bulls up at night. what do they fear could derail it? the fed and tariffs. the federal reserve has been interest rates. there is a fair to feds will have too many rate hikes to slow things down. the president has been complaining about that. we have the policy on tariffs. if we see companies raising prices, creating inflation, that would be an issue as well. i don t see that happening. i think this president is the negotiation mode when it comes to the tariffs. we ll see. it is out there as a fear. sandra: the longest bull market run in u.s. stock market history today. maria bartiromo see her 6:00 to 9:00 a.m. on the fox business network. thanks. eric: supreme court nominee brett kavanaugh set to appear at his confirmation hearings in two weeks. yesterday he met with lawmakers including republican maine senator susan collins. she is seen as a key swing vote in the senate. she sounded positive about kavanaugh s confirmation after they met. we talked about whether he considered roe to be settled law. he said that he agreed with what justice roberts said at his nomination hearing in which he said that it was law. we had a very good, thorough discussion about that issue and many others. eric: senate minority leader chuck schumer suggested kavanaugh failed to offer assurances that abortion rights would not be overturned if he is confirmed to the high court. i understand that the judge told other members today that he considered roe versus wade settled law. he did not say that to me. conservative justices have a habit of saying something is settled law during their confirmation, and then overturning it the minute they get on the bench. eric: his confirmation hearings are set to begin right after labor day on september 4th. sandra: facebook removing more than 650 suspicious pages and counts. their connection to russia and iran. eric: and we have some brand-new reaction this morning coming from president trump right on the heels of the news of michael cohen s plea deal accusing his former attorney of quote, making up stories. now the president s most vocal critics all lining up to slam mr. cohen. we ll get the reaction straight ahead. and former campaign manager advisor for mr. trump michael cohen who is there. he has known michael cohen and manafort. mr. caputo will be here in a minute for both he should be indicted. if he were not president he clearly would be indicted and jailed for that crime. whether he can be indicted as president, of course, is not yet decided by the supreme court. at the injection site; muscle pain; fatigue; headache; nausea; and joint pain. bexsero may not protect all individuals. tell your healthcare professional if you re pregnant or if you have received any other meningitis b vaccines. ask your healthcare professional about the risks and benefits of bexsero and if vaccination with bexsero is right for your teen. moms, we can t wait. pence heading to rock port, texas, later today. one year since hurricane harvey. he visited rockport days after the storm slammed into the texas coast last august and destroyed so many homes and businesses there. the vice president will meet with disaster relief volunteers and then he will, of course, make some remarks. president trump: where is the collusion? you know, they are still looking for collusion. where is the collusion? find some collusion. we want to find the collusion. sandra: president trump slamming the special counsel last night following back-to-back convictions of the two former top aides and moments ago president trump tweeting his defense of paul manafort while slamming his former attorney for, quote, making up stories. here is what he had to say. i feel very badly for paul manafort and his wonderful family. justice took a 12-year-old tax case and provided tremendous pressure on him and he refused the break, make up stories in order to get a deal. such respect for a brave man. joining me now former trump campaign advisor michael caputo. michael, thanks for your time this morning. i m sure that you have a reaction to everything you ve seen in the last 24 hours. your thoughts this morning. well, i m a long-time friend of paul manafort s and known the president for several years. yesterday was not a good day for the president but not because of anything i believe the president did. paul manafort s verdict, special counsel couldn t seem to make more than half of those charges stick. and the ones that did stick didn t have anything at all to do with the president. and michael cohen, what happened yesterday is very interesting how just in february michael cohen was saying for all the world to hear that this was not a campaign contribution or campaign expense, it was on the up and up. as soon as he got jammed up in crimes that had nothing at all to do with the president, he seems to have changed his tune and i m pretty sure that was non-negotiable. sandra: the president s critics are using all this as an opportunity to slam him further. andrew cuomo, the governor of new york wrote this today. your personal attorney confessed to committing federal crimes at your direction. you may be a slick salesman. new york has had your number from the beginning and the rest of the world does, too. what do you think when you see a tweet like that? many of us sometimes lose our mind on twitter and the governor of new york did that right there. the irony is not lost on me that governor quoum owe s right-hand man fixer is going to jail for high crimes and misdemeanors himself. a lot of corruption in the governor s office. he was touching a third rail that had already his fingerprints on it is hilarious. i think a lot of these leftist elected officials will not be able to resist making these kinds of cracks but for andrew cuomo to touch that, i think that s really shows a lack of self-awareness on the governor s part. he is in a reelection right now where corruption is key. his opponent is making it the number one issue. the people of new york know it. sandra: i want to show you this tweet, michael avenatti, the attorney for the adult film star stormy daniels. he jumped in as well and he tweeted this at the president s attorney, rudy giuliani saying buckle up, butter cup. you and your client completely misplayed this. what is he trying to say? he is trying to say that someone should take away my twitter. i have to tell you, like i said before i m guilty of this now and again as well. but for a public official, for example, congressmen to tweet people and say something that a teenager would say. avenatti seems to have inserted him through the pornography industry into the minds of americans on the news. these are ridiculous statements. it is kind of like a school yard taunt. i guess twitter is taunting. that s where we are today. i don t think it s very serious. avenatti is someone i don t take very seriously. sandra: the president suggesting michael cohen is making up stories. you ve known him for about five years as we understand it. do you think he is? i think it s entirely possible that michael cohen will make up a story to try to get lienensy for crimes that he committed that didn t involve trump at all. i believe that s what happened here. they say he is not cooperating. but if it looks like a duck and quacks like a duck he is probably cooperating. i think when it comes down to the department of justice, we know they do things like you can get a reduced sentence if you plead guilty to this, here, and they put their finger on the campaign finance violation and implicate the president. i m sure that was non-negotiable when he got a better deal for the crimes he committed and he will get more lienensy in the future if he tells more lies. sandra: lanny davis, cohen s attorney is about to come up first time on fox since becoming his attorney. we ll hear from him in moments. he suggested his client has knowledge implicating the president in criminal conspiracy to hack democratic emails. he has had a lot to say. he went on the today show this morning as well. we ll talk to him in a few minutes. wanted to get your reaction to that. lanny davis comes from the clinton team. when people tell me that he is working on orders of clinton incorporated, i think that s kind of funny. lanny doesn t need any orders to go out and act like a highly partisan democrat. he comes by it honestly. he is one. and he will be right in his wheel house for the next several days. he is good at the communications aspect of litigation. but i have to tell you, i am really entertained by all these reporters who are out there who for two years told me that michael cohen is the most unreliable source on the planet are acting like he is some pair gone of virtue. mr. davis may be able to spin out the idea that michael cohen is looking for whatever forgiveness or to start a new life. sandra: there is no allegation of any wrongdoing and the charges against mr. cohen. it is clear as the prosecutor dishonesty over a significant period of time. we ll hear a lot more on that. thank you for your time this morning. thank you. eric: as sandra just mentioned we ll be hearing from the other side, michael cohen s attorney, lanny davis, is our headline today. he will be here. his first interview on the fox news channel since taking on mr. cohen as a client. lanny davis at the top of the hour. and over that time i noticed a common theme. people appreciate the value they get with the hartford. - we originally signed up for automobile and homeowners together. the hartford was the only one that was able to save us money. - that s a good feeling, huh? - yeah, it s good to have everything bundled together. - [announcer] to get your no obligation quote, call the hartford at the number on your screen or go online - it was a hailstorm that came through and it had some damage to the automobile, as well as the home but the hartford stepped in there and took care of it. - for an insurance company to go above and beyond, i would say the hartford s been exceptional from the get go. - [announcer] join the millions of customers 50 and over who trust the hartford. - [announcer] call the hartford at the number on your screen to get a no obligation quote, or go online that s right, biometric facial recognition looks to be a game changer. it is use here in san jose and a dozen other airports speeding things up for passengers, boosting security but also raising privacy concerns. whether it is going through customs or boarding some international flights, your face is your boarding pass and i.d. in a pilot program at lax cameras use biometric facial recognition to match passenger s unique pictures to government pictures on file from passports and visas. they will determine matches over 99% of the time. most passengers were impressed. it was quick. it recognized me. i m going to london. as far as getting through, i like it. the e-gates make it easier for people to board and get to their seats and settle in for their long international flights. people may be sacrificing privacy for convenience. my concerns are this technology will be used beyond its current scope. i worry that facial recognition will migrate from airports all across federal law enforcement putting the privacy of law-abiding americans at risk. customs and border protections says the software is secure. along with facial scans of those who enter the u.s. at custom will keep track of exit. now passengers who feel these e-gates might be a little too much like big brother can opt out and board the traditional way. customs and border protection says the biometric boarding is the future and hope to roll out the technology to all airports in the u.s. within the next four years. eric: anything to cut down those lines. thank you. sandra: it s a very busy morning here on america s newsroom. we still have a huge show ahead. president trump facing new scrutiny after the back-to-back convictions of paul manafort and michael cohen. in moments we ll be joined by michael cohen s attorney lanny davis. he is our headliner today and later we ll have legal analysis from george washington university professor jonathan turley. that and much, much more straight ahead. pushing back against his critics at this hour after back-to-back convictions of former associates. welcome to a brand-new hour of america s newsroom. i m sandra smith. eric: hello, everyone. i m eric shawn in for bill hemmer this morning. a stunning double whammy yesterday. the jury verdict and plea from paul manafort and michael cohen in courtrooms hundreds of miles apart but connected by the robert mueller investigation. sandra: let s see how we got here in this morning s newsroom news feed on today s two top stories. we re watching several fast-breaking stories right now. we have major developments in the various investigations of some of president trump s former top advisors. paul manafort convicted today on eight of 18 counts of tax and bank fraud by a jury in alexandria, virginia. peter doocy has more. paul manafort sat stone faced in a courtroom on the ninth floor as the judge announced and it all unfolded from a late afternoon note from the jury room to the bench where the jury wrote we have reached a verdict but not able to reach consensus on 10 counts. mr. manafort is disappointed of not getting acquittals all the way through. he is evaluating all his options at this point. president trump commenting on the manafort developments. president trump: this has nothing to do what they started out looking for russia involved in our campaign. i feel very badly for paul manafort. he worked for bob dole, he worked for ronald reagan, he worked for many, many people. it was not the original mission, believe me. tough day, manafort and cohen. the cohen case could prove to be more damaging because the president was implicated. michael cohen has cut a deal with federal prosecutors. it will include prison time. sources tell fox news this is a straight up guilty plea. pleading guilty to bank and tax fraud and campaign finance violations saying he acted in coordination and at the direction of a candidate for federal office. the prosecution has just started speaking. we ll listen to them. what he did was he worked to pay money to silence two women who had information that he believed would be detrimental to the 2016 campaign and to the candidate and the campaign. mr. cohen decided he was above the law and for that he is going to pay a very, very serious price. it looks this afternoon like michael cohen will spend between 3 to 5 years of his life in jail. an amazing breaking news day. one for the record books. sandra: hold onto your seat. sandra: time for today s headliner michael cohen s attorney lanny davis since he began representing the president s former lawyer. lanny davis, good morning to you. an old veteran of fox news. i m back. sandra: nice to see you this morning. first off the question a lot of people are wondering, will your client cooperate with robert mueller? the answer is he will cooperate with everyone because he is committed to telling the truth. that s a general statement. i can t give you a specific answer regarding mr. mueller or anyone else. but i know that when he have retained me and as recently as yesterday he is committed to telling the truth and we ve actually set up a website with the name truth in it called michael cohen truth.com and he is looking for help from people who want to give donations to help him tell the truth. eric: when you say he wants to tell the truth does your client know anything about alleged russian collusion and anything that donald trump told him about a candidate as b alleged russian collusion and testify any actions the president may or may not have taken concerning the russians? i know you re doing your job and you won t be surprised to know i m not going to answer a question until mr. mueller is finished with his investigation. and we ll leave it up to mr. mueller and other investigation bodies before we tell people ahead of time. eric: does he have that type of information? he was very close to donald trump. i ve been in the office in trump tower with both of them. the president would say he would be squealing and he said he made up stories. did your client make up stories about the president? i don t believe so but this is the same president who called john dean, one of the iconic heroes from the nixon watergate criminal conspiracy that caused richard nixon to resigned. he called john dean in all caps a rat. that s the nature of the man that is sitting in the white house. so i wouldn t take too seriously his reaction to michael cohen deciding to step up to the line and take responsibility and under oath describe what he did he did at the direction and with the coordination of the president. meaning that his crime was the president s crime. sandra: since the outcome yesterday, you have gone on other television networks and said and gone a bit beyond what you are telling us now, saying that cohen s knowledge reached beyond the obvious possibility of a conspiracy to collude and included information on whether trump participated in a criminal conspiracy to hack into the computers of democratic officials. i did say possibility. possibility isn t a fact. it is my judgment and observation that there is that possibility. and he will have to leave the specifics as to whether or not that possibility becomes stronger than possibility up to mr. mueller or whoever is questioning him. sandra: mr. davis, your client once said he would take a bullet for this president. what changed? right. that s a great question and it was one of my first questions when he called me. because i was not interested in representing him if he were defending donald trump as he had previously done for so many years. we talked at length about what had changed his mind about donald trump to the point where he now was ready to say i m hitting the reset button and i m now going to tell the truth about donald trump. and that was the beginning of my decision to represent him. i think you have seen in the first interview with george stephanopolous some very specific principles that he is on the opposite side of donald trump. he mentioned, for example, his respect for the f.b.i. he mentioned his respect for the intelligence community. unanimous judgment including donald trump s own director of national intelligence that the russians interfered on mr. trump s behalf in what is the functional equivalent of corrupting our democracy and only one person is left who denies his own intelligence community s unanimous judgment who stood publicly at helsinki, a major turning point for michael cohen and sided with vladimir putin over his own intelligence community. so there have been a number of incidents that i believe have been influential on mr. cohen. sandra: you are saying he changed his mind over an act of patriotism? no question, most americans were concerned. sandra: we re talking about michael cohen here. you just said an act of patriotism and yes, michael cohen was offended as were most americans by donald trump standing up and aligning himself with putin against his own intelligence community. sandra: i want to make sure we get in the president s words this morning. he just tweeted this. michael cohen pled guilty to two counts of campaign finance violations that are not a crime. president obama had a big campaign finance violation and it was easily settled. how do you respond to that? so interesting when donald trump admits something by saying the opposite. so by saying it s not a crime, which the law says if you give money to influence an election beyond the campaign finance limits, that s a felony. and michael cohen, with the prosecutors, stood up under oath in federal court and admitted to that crime and said he did it at the direction and coordination with the prosecutor s language there that he agreed to. and donald trump is disagreeing with the prosecutors, with mr. cohen s description of this as a crime. the same way he disagrees with the entire intelligence community. not one dissenter in his own administration. so when rudy giuliani says truth isn t truth, you just heard donald trump reverse truth and make it into a falsehood. classic. eric: in court yesterday your client said he was directed by candidate number one basically then candidate trump to make this illegal contribution. it is under department of justice guidelines and mr. mueller has said a sitting president cannot be indicted. does michael cohen and do you believe donald trump committed a federal crime and if he were not the sitting president of the united states he would be indicted right now? there is no question that he has committed a federal crime. whether he can be indicted has never been decided. i see no quotation from mr. mueller. i see attribution anonymously but there are two opinions of the office of legal counsel. many years ago the supreme court has never ruled. i think there is a traditional view that you don t indict sitting presidents but that s an insettled question. sandra: obviously, mr. davis, there is a question of whether or not he committed a federal crime. that doesn t exist today. excuse me, i m sorry to interrupt you but there is no question. and there is no question that money given beyond limits for the purpose as it was said yesterday by the prosecutor sandra: go back to what happened in that courtroom and tell us exactly what is your client saying that trump directed him to do. what specifically. let s say what is the government saying that michael cohen agreed with and restated under oath is that at the direction and the coordination of the president of the united states, donald trump, named candidate, that the donations given to keep quiet two women, which mr. trump wasn t willing to sign those checks himself. he directed mr. cohen to make those hush money payments, is a federal crime. and if michael cohen, with the prosecutors in new york agreeing, admitted to that, then certainly donald trump is guilty of the same crime. eric: you ve been a long-time clinton advisor and lawyer for hillary clinton and close to bill and hillary clinton, what do you say to those that there should be a special counsel investigating the clintons, dnc, dossier, chris fofer steele and the way it was handled by the department of justice and f.b.i. officials, some of whom have been fired and showed a distaste for donald trump becoming president of the united states? first of all, you didn t state a single fact involving the clintons. although i have a lot of friends at fox and have been a fox guest on almost every show on fox, that kind of rhetoric without facts is unfortunately too common on fox shows. so state me facts of what bill or hillary clinton actually have done that would suggest anything illegal suggesting a special counsel. eric: my question is your reaction to those who have called for that. pure political speculation, rhetoric, but no facts. that s my reaction. sandra: have you talked to your client this morning, mr. davis? i have. sandra: did you want to share anything with us? he has gone through a lot. his family has suffered. he is in financial distress. we ve set up a gofundme site called michael cohen truth.com. and we re hoping that people who want him to tell the truth about donald trump will contribute to that site. sandra: we have a lot more coming up on this. lanny davis, thank you for your time this morning. eric: thank you for joining us and being here. another big story today one-time trump campaign manager, chairman paul manafort convicted on eight counts of tax evasion and bank fraud with the judge declaring a miss trial on 10 charges. jonathan turley, first let me start with what we just heard from lanny davis. your reaction about michael cohen and the plea and michael cohen s claims that the president says are not true. well, i thought it was rather interesting when my friend, lanny, said that michael cohen came to this epiphany watching the press conference in helsinki. that struck me as a bit odd you would watch a press conference in helsinki and say i need to start telling the truth. that s the problem with michael cohen as a witness. if what cohen said yesterday is true, then virtually everything he said for the prior year was a lie. and that makes him a very difficult fact witness to get a jury to believe. now, that doesn t mean that he can t be corroborated by other witnesses. but standing alone, this doesn t make out a particularly strong case. having said that, if people don t think this is not a serious development, they haven t been paying attention. you have the president s lawyer implicating him in a federal crime. even if that lawyer is michael cohen. that s a serious matter. now, how the president responds to that is going to be very key because the justice department by putting these charges into these that the allegations are true and the narrative is stating what they believe is the fact. this isn t some immaculate crime committed by cohen alone. it refers not only to people like david pecker, the chairman of the national enquirer but other people who could now find themselves in a very uncomfortable position. eric: you are talking about a potential conspiracy among others if he is to be believed? that s right. that s a big if. the normal course of things the department of justice will pursue the other collateral or central players. they normally don t stop at the one guy who takes a plea. eric: what about the fact the president has tweeted he made up these stories and the michael cohen you sketched out would seem to be a very unreliable witness potentially if the defense attorneys got him up on the witness stand and grilled him and gave him the 10th degree? it s like a bad movie. always the guy reading the letter from his girlfriend before a battle who guys or the guy who professes loyalty that goes against the main character. a guy said he would take a bullet for the president. spent a year denying everything he says is a fact now and asking to be believed because lanny says that he is liberated. well, you know, he was liberated from himself. he was the one who chose to make these statements. now at the end of the day it s all going to depend on whether this remains a he said/he said problem. the president is denying what michael cohen is saying. previously michael cohen said that the president knew, for example, of the meeting at trump tower and approved it and he did that in a room full of people. no one has corroborated that story. sandra: before we let you go i want to make sure we get what the president has said so far this morning with manafort and cohen together in this tweet. i feel very badly for paul manafort and his wonderful family. justice took a 12-year-old tax case, applied tremendous pressure on him and unlike michael cohen, he refused to break, make up stories in order to get a deal. such respect for a brave man. final word to you, jonathan. i think manafort has taken the opposite approach of cohen. he is trying to preserve his chance for a pardon. the fact is for manafort, the difference between 10 and 20 years may be immaterial at his age. he needs a walkaway deal. the one man who can do that is donald trump. i think he is still holding out for the possibility of a pardon. sandra: jonathan turley, thank you very much. a tragic end to the search for missing college student mollie tibbetts. an illegal immigrant confessing to her murder. eric: facebook pulling the plug on hundreds of accounts tied to iran and russia as it finds more evidence of fake news and political meddling. we ll have the details what s going on with facebook straight ahead. well, here s to first dates! you look amazing. and you look amazingly comfortable. when your v-neck looks more like a u-neck. that s when you know, it s half-washed. add downy to keep your collars from stretching. unlike detergent alone, downy conditions to smooth and strengthen fibers. so, next time don t half-wash it. downy and it s done. murder of mollie tibbetts will be making his first court appearance a few hours from now. officials saying the suspect, christian rivera has been living why our country illegally for as long as seven years and happened to work less than three miles from where ms. tibbetts was staying and there were chilling details that were learned during his confession. he tells us that he sees mollie running and was able to come upon her, approach her and then at one point he tells us that mollie grabbed ahold of her phone and said you need to leave me alone. i ll call the police. then she took off running. he chased her down and then he tells us that at some point in time he blacked out. eric: mollie s body was found yesterday in a corn field covered with corn stalks after rivera took them to the location. president trump: you heard about today with the illegal alien coming in, very sadly, from mexico and you saw what happened to that incredible, beautiful young woman. we have had a huge impact but the laws are so bad. the immigration laws are such a disgrace. we are getting them changed but we have to get more republicans. sandra: president trump mentioning the tragic mollie tibbetts news during a rally in charleston, west virginia last night. it is time for the a-team david avella, richard goodstein former clinton advisor and mill mcgurn columnist for the wall street journal and speech writer for george w. bush. horrible news having found the body of mollie tibbetts and learning how it is she died and who was responsible. is this going to become a political talking point on the right? it needs to be and the morning we have reports that the farm that actually employed this illegal immigrant had used the e-verify system and they said the illegal immigrant had come back as legal and able to work for them. so that needs to be looked into. one, is it accurate? two, if there is a hole in the system it has to be fixed. in 76 days voters are going to get their chance to have a say on this. and every candidate needs to be asked what are you going to do, what vote will you cast to make sure that illegal immigrants don t come into this country and continue to commit heinous crimes like this? sandra: richard? obviously what happened was tragic. there is no getting around that. but i think the question is are we living in alternative facts and is truth truth or are we looking at reality? reality is, a cato study, undocumented immigrants in this country have crime rates lower than native born americans. kate steinle, her accused murderer was acquitted. this guy looks like he confessed. he confessed. the point is newt gingrich was quoted if every voter knows about mollie tibbetts, republicans win. if they think about manafort, cohen and all the criminals that surrounded donald trump. michael flynn. the list goes on and on. and the term unindicted co-conspirator is something we ll get familiar with. if that s what the public focuses on it will be a long night for republicans. based off lanny davis s interview earlier if this illegal immigrant needs representative. he was willing to work for michael cohen because he wanted to take down donald trump. lanny davis is a guy who during the clinton administration tried to manipulate public opinion and say sex doesn t matter. because now he wants to take down donald trump he is representing michael cohen and saying sex does matter. this has to do with the facts, not lanny. the facts are michael cohen i consider myself a pro-immigration person. i have three daughters all immigrants from another country. so i m pro-immigration but i do think i don t think it is enough to say illegal immigrants commit crimes in lower proportion. the fact of the ill lealt underscores the brutality this was unnecessary. people feel that they are unnecessarily being exposed. i with like to see a deal on immigration where each side made some compromises that would get us to a workable system. this is a brutal case and it is going to resonate because when the person is here and shouldn t be here, there is a feeling that this wouldn t have happened otherwise. eric: what s also concerning is he passed the e-verify by the employer. so what went through the cracks? this is supposed to stop people like this guy being here in the first place. it points to a system it is just sad. the main reality of this case, the main truth is that a young woman was brutally murdered in her prime. to me the illegality of the person who did it is secondary but the way it works in an election year, it will become a big issue. sandra: the president says the new platform of the democratic party is this. listen. president trump: the new platform of the democrat party is to abolish ice, a vote for any democrat in november is a vote to eliminate immigration enforcement, throw open our borders, and set loose vicious predators and violent criminals while many democrats are calling to abolish ice, today our brave ice officers successfully carried out a 14-year-old deportation order against a nazi criminal who was living in new york. sandra: so that is what he says about the democrats now. i was enthralled. is that the message of your party? of course not. the congressional this is something that a few on the far left have supported but there is nobody in the democratic leadership, house, senate, who supports this idea and i feel badly for the president. he feels the walls caving in. there was a poll that pitted him against sanders, warren and biden. he averaged 31% just the other day. he knows that what happened yesterday makes the odds of him being president on january 21, 2021 lower. sandra: let s add to the president s message if you want investigations and congress being obsessed with those and seeking to impeach the president, you will vote democrat. in 76 days if you want this economy to keep going, tax cuts to stay in place and want more secure border and you want to annoy the media, vote republicans. eric: that will be the message. we know we ll talk a lot more about both topics on immigration and also on the events of yesterday and what the effect both those events will have in the mid-terms. pete king will be here coming up. sandra: another barn burner last night as president trump held the rally in west virginia hoping to flip a blue seat to red and we ll talk to rick scott who is trying to do is same thing in the sunshine 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efforts to keep bad actors out. president trump: when you cast your ballot for congress in november, you aren t just voting for a candidate, you are voting for which party controls the house and which party controls the senate. so all these congress people and i ll tell you, we have to get there. we really have to get there. sandra: president trump firing up thousands of supporters at a rally in west virginia last night to vote republican in the mid-terms. that includes florida governor rick scott who is running for the senate seat currently held by democrat bill nelson. governor scott joins us now. good morning to you. good morning. we re in an interesting election season. sandra: we are indeed. how are things looking for you? we re working hard and getting our message out. washington needs to change. it needs to start working for the americans. my opponent, however, is questioning our election system in florida. we re in the middle of our primary as you know. it s a week from today. he said the russians have hacked our system. he said that they are free to move around. then he said it s classified information. so i went to the department of homeland security and f.b.i. and they said is there any truth to this and they said absolutely not. my opponent is either confused, dishonest, releasing classified information and we ve worked hard to make sure people feel comfortable with our election system. we have cybersecurity efforts and grant funding to make sure we have another free and fair election in florida. sandra: senator bill nelson is saying about russia penetrating certain counties in the state and they now have free rein to move about. when you look at the race right now with the polling the average, you are leading your opponent by 1.2%. 45 1/2 to 44.3 for bill nelson. what is it going to take for you to pick up some momentum and increase that margin? sure. well, we have 76 days to go. i continue to travel the state. just like i did in my two governor s races. we ll get out the vote. we ll change the direction of washington term limits for congressmen and women. we need to have a 2/3 majority to raise taxes out of congress. putting that on the ballot in florida for our state legislature. give the president a line item veto. most governors have it. president, republicans and democrats can save money. my opponent can vote to shut down government, he gets paid $174,000 a year and he can continue to get paid. nobody else in business can do that. i ll shut my doors, i want to continue to get paid. so i m putting out proposals to make sure washington works for people in florida. my opponent has had 40 years. he has been 40 years in congress and the senate. isn t 40 years enough? what new idea will he come up with? eric: what do you think, governor, the reaction is to constituents to what has been happening in the courts with michael cohen and also with paul manafort and the president today saying that he believes michael cohen made up those stories and clearly it is only getting bigger? well, as we know michael cohen pled guilty and paul manafort was convicted. no one is above the law. we need to know all the facts with the mueller investigation. all of us would like to get all the facts out there and like to get it behind us. it has been going on for quite a while. the most important thing is we need to have transparency and people need to be held accountable. eric: speaking of the russians they did infiltrate illinois, the state system there and get into galesburg, illinois, 7,000 or 8,000 voters records. you are confident again that has not happened in florida despite the claims of your opponent who cited some stories that quoted some intelligence sources. we went to dhs and f.b.i. to ask. we know we had free and fair election in 2016. so we will make sure we have it this time. my opponent for whatever reason has caused chaos, confusion. it is reckless what he said. we re right in the middle of the primary. he shouldn t be saying these things. if he has something, put it out publicly. eric: remember the chads in 2000? are you confident the system is protected and election officials are doing all they can to protect the integrity and credibility of our election system that s basic to our democracy? absolutely. the right to vote is a sacred vote. we put a lot of money into our election system and added cybersecurity experts. grant funding and we know our system is working. my opponent, if he has information, he ought to make sure we all know it. all of us want to have an election that we want 100% participation and 0% fraud. sandra: you have not spoken out or publicly endorsed either of the candidates on the republican side running to replace you adam putnam or ron desantis. are you going to do that now? no. i have had the opportunity to work with both of them. i ll work hard when the primary is over to help whoever wins the primary to make sure they are the next governor. we need a governor to focus how to create more jobs, how to make sure we have the best education system in the country. sandra: thank you very much for your time this morning. have a great day. eric: you, too, thank you. sandra: the bull market getting stronger today. wall street celebrating the longest bull market run ever. down a little bit but it has been quite a ride. charles payne is ahead with a look at what or who will power this market even higher. eric: the trump administration is wiping away some obama-era e.p.a. regulations causing some controversy. arkansas tern general leslie rutledge and why she thinks handing control to the states makes sense for america. president trump: we are putting our great coal miners back to work. hey there people eligible for medicare. this much - about 80 percent. medicare will pay for. what s left. this slice here. well. that s on you. and that s where an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company comes in. this type of plan 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s a longer-term look at this. uninterrupted move without a 20% decline in the market. we haven t had a 20% decline in 4,153 days. a long time. sandra: the dow is nearly at 26,000. does this continue? i think so. take a look this morning at the earnings from target. you want to talk about a proxy for the economy. it blew my mind. management was the ceo says he has never seen anything like this in his entire career, never. the traffic was the highest ever. by the way, i told people in the beginning of the year to buy these retail names. they all say the same thing. foot traffic is through the roof. people are actually leaving their homes, walking away from laptops and going to the malls. traffic was huge. store sales were huge. they have pricing power or prices are holding. last year prices were plunging and had to put them down so people would come into the store. sandra: i can remember during the stewart varney, there was a period where there was this quantitative easing and saying that s what is leading this and people were saying the stock market rally was artificial. it was fake and wasn t going to last. you kept saying not the case. it saved us but i also think that we were so oversold, really, if you go back to a lot of people don t realize what happened in march of 2009 that period, that was the second worst crash in market history. it was significantly overdone. but now what we re seeing is the market started plateauing in 2016. this is a vibrant leg by internal growth. it has to be organic. eric: i ll be the buzz kill. what do we worry about? do you see any iceberg out there on the horizon? the economy is fickel. eventually we ll stop growing at the rate we re going and maybe the federal reserve will find a need to slow it down because they re afraid of inflation. i don t think politics will do it. i don t think geopolitical events will do it. we have the guy from mexico in today. we ll get good news maybe this week on nafta and i think soon we ll get good news on the china trade thing. the thing i m most concerned about i think is far off, a natural occurrence of the economy at some point slowing down naturally. sandra: you saying the average investor missed out on this rally. what happens if they pile in now? saying i don t want to miss out on the next leg of the rally. does it drive it further? yes. yesterday j.p. morgan chase said to our 60 million accounts you can trade 100 trades for free, absolutely free. sandra: what? i think they see millennials are getting to the point they can start to buy. right now the economy is going extraordinarily well and reflected in the market. in many ways it s cheaper now this market than it was a year ago. eric: that s amazing. sandra: charles payne. one-hour special when the market closes today. watch this, neil cavuto with complete coverage of what is about to become the longest bull run in american history. that is today right after the closing bell at 4:00 p.m. eastern when it officially becomes the longest ever when the bell rings at 4:00. eric: amazon are making alexa more kid friendly. why the digital assistant will be able to avoid some, well, sensitive questions. sandra: espn it is not planning to air the national anthem before nfl games. now the president, as you can imagine, is sounding off on that. the 24/7 crew is here on all that next. president trump: espn just came out. thanks to new tena intimates overnight with proskin technology for two times faster absorption so you can have worry free nights, and wake up feeling fresh and free for a free sample visit tena.us heartburn and gas? now fight both fast new tums chewy bites with gas relief all in one relief of heartburn and gas tum tum tum tums new tums chewy bites with gas relief night their network airs god bless america. most don t do that. so not only does that take place traditionally every game in new york but it is on television. you can have nationalism and patriotism. espn if it s news worthy they ll discuss it. eric: the mets have an italian song in the seventh. could be a whole lot of things. alexa and the nanny. sandra: this is a real thing. kids have some sensitive questions, they really do. all ages of kids they are curious. how is alexa going to handle some of those questions? i think this is interesting. as we know as parents, kids have not figured out how to use google. fortunately they ll have to turn to alexa. amazon is updating alexa software and has some child safety features, free time. when you have free time enabled if it asks where babies come from or is santa claus real it will give an answer of talk to an adult or of course it is. who wouldn t want to believe in someone who brings joy to people s life. it is a good move. i like the free time concept. you can set time limits. that s the bigger question. i m in favor of putting restrictions on things but i m not in favor of letting technology be your parent, be the parent. sandra: the voice is changed to be more child friendly. i think of all of the young girls named alexa in the last few years and the havoc it has wreaked on the lives of their parents when they go to a friends house and people call for their daughter. eric: you say the word on television, i m sorry, folks. we apologize the devices went off in your house. it has happened. you say we need stuff like this for when you step away from the computer but experts will agree over and over child experts will say no, you have to have a conversation with your kids on what they re doing. eric: how do you deal with the restrictions. on the phone and internet. they are smarter than us anyway. sandra: thank you to both of you. a category 4 hurricane going toward hawaii now. we ll be live with the latest in a few moments. stay tuned. sandra: fox news alert on a tragic end to the search for mollie tibbetts. we re waiting for the suspect to appear in court. cristhian rivera has been charged with first degree murder in the death of 20-year-old college student mollie. we ll discuss the mollie tibbetts case and the new immigration debate it s sparking with congressman pete king of new york joining us just ahead. another fox news alert for you on the president s reaction as two of his former top aides now face serious prison time. welcome to a brand-new hour of america s newsroom. i m sandra smith. eric: hello, good to be with you, too, folks, i m eric shawn in for bill hemmer this morning. back-to-back courtroom dramas yesterday. man oh man in two states hundreds of miles apart while they both came to dramatic conclusions. paul manafort found guilty of tax evasion and bank fraud. a new york city michael cohen former personal attorney to the president pled guilty admitting making hush money payments to women implicating he did the president. sandra: lanny davis, his attorney, last hour. we talked at length about what had changed his mind about donald trump to the point where he now was ready to say i m hitting the reset button and i m now going to tell the truth about donald trump. eric: chief white house correspondent john roberts on the north lawn with more. hello, john. good morning. one thing is certain. mid-term elections have become more important than they were just a day ago. steve bannon saying yesterday the manafort and cohen events reinforce the notion that the mid-term elections are going to be a referendum on impeachment. michael cohen and his attorney lanny davis insisting president trump new about directed payments to karen mcdougal and stormy daniels to keep them quiet and it was a crime to do so. the president s attorney saying cohen is on record several times saying the president knew nothing about it and is only now changing his story simply to save his hide. the president taking the tack this morning that michael cohen pleaded guilty to something that is not a crime. the president tweeting michael cohen pled guilty to two counts of campaign finance violations that aren t a crime. president obama had a campaign finance violation and it was settled. it was about missing a deadline. the president saying if anyone is looking for a good lawyer, i would strongly suggest that you don t retain the services of michael cohen. his attorney, lanny davis, told me after yesterday s court proceedings the plea deal does not end this. this is just the beginning and that cohen is willing to speak with investigators, including robert mueller, to make sure the truth about donald trump gets out. listen to what he said earlier. i said that he had matters that would be of interest to this special counsel relating to pre-knowledge of computer hacking by donald trump. which, if true, if true, would constitute knowledge of a crime committed by a foreign government in hacking our computers, which was part of the indictment of 12 russians that the special counsel has already published. davis is on record saying his client does not want to be dirty by a presidential pardon. i would hazard a guess a presidential pardon is not something he has to worry about. eric: the president has a different reaction to paul manafort. the manafort verdicts yesterday even though the jury was hung on 10 counts clearly a boost for the robert mueller investigation. the president yesterday when he touched down in west virginia for the big campaign rally saying that he feels badly for manafort but separating himself from it saying this has all to do with cases that is more than a decade old and nothing to do with him. listen to what the president said. president trump: i feel very sad about that. it doesn t involve me but i still feel it s a very sad thing that happened. it has nothing to do with russian collusion. this started as russian collusion. this has absolutely nothing to do. it is a witch hunt and a disgrace. a lot of talk floating around washington about possible impeachment proceedings. the democrats have to pick up 24 seats in the house of representatives to take control so that they could begin impeachment proceedings. even if the president were impeached, the idea of him getting convicted in the senate highly unlikely. you need a 2/3 vote to do that. sandra: let s bring in marc thiessen fox news contributor and fellow at the american enterprise institute. good morning to you. a remarkable day yesterday. it continues this morning. what are you able to conclude from it all? dramatic news day. you had a split screen almost of the manafort guilty verdict and the cohen guilty plea happening all at the same time. so it s dominating the news and it is big news. i don t think it is quite as momentous as some of trump s critics are hoping it is going to be. i don t think he will be convicted or impeached of illegal finance statements to stormy daniels. first of all, michael cohen is not exactly the most credible witness. let s say that he does provide evidence that trump did order him to make those payments. that s not enough to say that he committed a crime. he would have to prove not only that he ordered the payments but they were for the purpose of influencing an election. trump could easily say i wanted to keep it from my wife. i didn t want my kids to know. if there are other credible reasons he might have done it, it is not so clear he committed a crime. third, the justice department won t prosecute him because mueller is working under justice department guidelines which would say the sitting president can t be prosecuted. so what is going to come it will go in the lap of congress. and as john just pointed out, even if the democrats take back the house and senate, there is no way that 2/3 of the united states senate will convict the president of the united states and impeach him because of a payment to a porn star. sandra: lanny davis, michael cohen s attorney was on with us last hour and said this. the donations given to keep quiet two women, which mr. trump wasn t willing to sign those checks himself, he directed mr. cohen to make those hush money payments, is a federal crime. and if michael cohen with the prosecutors in new york agreeing admitted to that, then certainly donald trump is guilty of the same crime. sandra: is the president in serious legal trouble, marc? not on that county don t think. alan dershowitz was on earlier on fox & friends and pointed out that again, the reason for the payment, you have the prove not just that he ordered the payment but it was for the purpose of affecting the election. it wasn t to keep it from his wife or his kids. if there are other credible reasons why he did it, it is not so clear it s a federal election crime. but the bigger danger for the president is cohen or manafort, these convictions mueller will be able to use these if they have knowledge of criminal conspire see with russia and he is able to get evidence of that from them in exchange for a lighter sentence we talk about real legal jeopardy and impeachment jeopardy. but again, it all comes down to a simple thing. was there did donald trump engage in a criminal conspiracy with russia or didn t he? if he did the truth will come out and he is toast. if he didn t do it, then all of this is a lot of smoke and noise signifying nothing. if he didn t do it, he is not going to be impeached or convicted for giving money to stormy daniels. sandra: great to get your thoughts this morning. thank you. thank you. sandra: we ll have more on this later in our hour. special report anchor bret baier in the middle of all this last evening with the breaking news will talk about the political implications of the cohen and manafort convictions happening at the bottom of the hour. eric: right now we re waiting a highly emotional ceremony at the white house. president trump will award the medal of honor to sergeant john chapman for gallantry. this ceremony has been planned for several years, one year and a day when the president talked about his strategy for afghanistan. the outgoing u.s. commander is giving his final press conference to the pentagon press corps as we speak. many say this medal is long overdue. sergeant john chapman s cross is being upgraded today presented to his widow. the battle occurred on march 4, 2002 early in the afghan war. a squadron of navy seals were supposed to insert on top of a mountain to set you up an observation post to support operation an conned yeah as they took on al qaeda. he was attached to the seals. expertise was calling in air strikes. mistakes were made from the outset. as soon as the helicopter approached it took fire. a seal fell out. chapman was left behind as the seals retreated under fire. he went on to fight for 70 minutes alone on the mountaintop. new technology allowed the air force to re-examine drone footage that shows that he survived and kept fighting providing cover for another rescue team. when you go back and look at the culmination of all of the footage that we didn t have access to on board the aircraft or in the immediate aftermath, it became absolutely clear that it was tech sergeant john chapman. him being there in that position as we were going to land, absolutely reduced the amount of rounds the enemy was able to put into the side of the helicopter. he sacrificed himself for the people who came in. seven americans died on the mountain. today sergeant chapman will be honored with a ceremony at the white house. eric: god bless sergeant chapman and all those who are in harm s way. sandra: facebook linking russia and iran to disinformation campaigns and their crackdown on fake accounts and what facebook is saying about the tactics used by both nations. eric: california republican congressman duncan hunter and his wife have been indicted on campaign finance charges. but they say the charges are politically motivated. sandra: mollie tibbetts death sparking a new immigration debate in washington new york congressman peter king will join us next. we re doing some more interviews trying to get as much background on mr. rivera as possible. i know he was working and beyond that i m not sure what he was doing coming and going. -, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that s a privilege. we re the baker s and we re usaa members for life. usaa. get your insurance quote today. don t start xeljanz xr if you have an infection. tears in the stomach or intestines, low blood cell counts, and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz xr, and monitor certain liver tests. tell your doctor if you were in a region where fungal infections are common and if you have had tb, hepatitis b or c, or are prone to infections. don t let another morning go by without talking to your rheumatologist about xeljanz xr. president trump: you heard about today with the illegal alien coming in, very sadly, from mexico and you saw what happened to that incredible, beautiful young woman. should have never happened. illegally in our country. we ve had a huge impact but the laws are so bad. sandra: well, that was the president bringing up the murder of mollie tibbetts at that rally last night demanding justice to mollie because of changes to our immigration laws. comparing it to the kate steinle murder. new york congressman pete king sits on the house intel committee and joins us now. does this all ignite a new debate in washington over immigration laws? i think it injects reality into this debate. too often people get caught up in vague speeches, comments. the fact is this shows the real. here is a young woman in the prime of her life being murdered by an illegal immigrant. i m not saying that all illegal immigrants commit crimes. the fact is if he had not been in the country she would be alive today. the job of the police is hard enough keeping track of people who are legally in the country as to whether or not they can be committing a crime. to have somebody in the underground or somebody here illegally makes their job that much more difficult and puts americans at risk. to me it s time for both parties, especially the democrats in this case. they somehow feel if we re cracking down on illegal immigration we re anti-immigrant or racist and bigoted. the fact is if we can t control our borders it is hard to control what goes on in the country. something like the wall is very important, why it s important to support ice and the border patrol. these are vital. this puts a human face on a debate which too often gets carried off in ob security. sandra: similar frustration from thomas homan the former director of ice what we need to do in the country right now. this was yesterday on america s newsroom. this is another example why folks say you concentrate on criminals and forget about anybody else. this is everybody else. we prioritize the criminals but it doesn t mean everybody else is free to stay. we need to enforce the laws in a meaningful way against all of them. we have to prioritize but just because you don t commit another crime in the country don t mean we should look the other way. sandra: he made that point the morning on fox & friends and on yesterday. similar frustration i hear from you, congressman. what are we going to do and what can congress actually get done? well, we should get done is the border wall. that s a real way to stop illegal immigration. and to stand with ice. not this crazy stuff of abolish ice. they do a phenomenal job, whether it s ms-13, drug peddlers, child pornography, they do an outstanding job. i agree with director homan. if you say just because a person hasn t committed a crime they shouldn t be picked up by ice, then that s incentive for people to come across the border illegally. we have to take away the incentive. i believe we should find a way to legalize those that are here, find some way to give them legal but only after we know the border is secure. otherwise we take any other action first what it will do is cause more people to come across the border illegally. sandra: what we saw happen with mollie tibbetts was tragic and horrible to find out about all this and last night at the rally the president brought mollie tibbetts up and said it should have never happened with the correct immigration laws in this country. do you see this becoming a big political issue for your party as we head even closer to mid-term elections? you hate to say a tragic death like this and turn it into something political. it has to be debated. it is not just a political issue but an issue of life and death and important we address it and come to terms with it. if it requires republicans making some compromises, fine. we have to have the border wall, more security and support ice. i don t intend to use it politically but it should be discussed and put before the american people. we have to be careful. i don t want to be seen as if we re getting elected or reelected because of some woman slaughtered in the prime of her life. it is an issue that should be discussed and done in an intelligent way. sandra: our thoughts are with her family. it s too soon. congressman pete king. thank you. thank you very much. eric: we are on hurricane watch as a powerful hurricane heads for the hawaiian islands. what folks are doing there on what could be a dangerous and huge storm. sandra: e.p.a. rolling back obama-era pollution regulations. will this get a legal battle? we want a clean environment. but i m getting rid of some of these ridiculous rules and regulations which are killing our companies, our states and our jobs. hi, i m joan lunden with a place for mom, the nation s largest senior-living referral service. for the past five years, i ve spoken with hundreds of families and 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he s been acting more and more like his dad. come on, guys! jump in! the water s fine! tom pritchard. how we doin ? hi, there. tom pritchard. can we get a round of jalapeño poppers for me and the boys, please? i ve been saving a lot of money with progressive lately, so. progressive can t protect you from becoming your parents. but we can protect your home and auto when you bundle with us. eric: president trump celebrating the roll back of rules on power plant emissions. the new regulations replace obama-era guidelines with his initiative called the affordable clean energy rule. it give states the authority to restrict things on their own. what do they mean, the new rules, for your state as the attorney general and someone who challenged the former administration s clean power plan which would have skyrocketed electric costs i was pleased not only do the u.s. supreme court put a stay on the clean power plan but now president trump and this administration and acting administrator wheeler have put forth the affordable clean energy rule. it means costs going down and we can have affordable clean energy in america to ensure we re able to grow more jobs. the clean energy rule is an estimated cost compliant savings reduction in compliance of $6.4 billion versus the $25 billion the clean power plan would have cost americans and american businesses and job creators because of its implementation. i was very happy yesterday of the president s action and acting administrator wheeler s actions on this. eric: how would you respond to critics concerned about global warning and this could increase it and the problems we ve had? well, the critics and others need to look strictly to the numbers and facts the united states sets the gold standard when it comes to protecting the environment. over the last from 2005 to 2017 our emissions have decreased 14% in the united states while the global emissions have increased 20%. when you look at since 1970 what we have done in terms of increasing the economy by 260% it has risen while our emissions have decreased double digits. that s because again america sets the gold standard for this and we re protecting the environment and we must always protect the environment. i can assure americans i was i m a seventh generation in arkansas. nobody cares more about land and air and protecting it than our farmers and ranchers do and so we must protect our land and air and these sort of standards by allowing states to work cooperatively with the federal government as opposed to a heavy handed approach that had been taken in the obama administration, this is a big welcome from the states saying yes, we want to work with the federal government to protect our environment. eric: when you drive from west memphis and go through the cotton fields and come down to the little rock to the river and go down to hot springs and see the natural spring hot springs. as a native from arkansas how do you feel about the rule when you point out the rest of the world dealing with india and china specifically, not at all following our lead. well, it is very frustrating and sounds like you have been to arkansas before and we welcome you back. our farm is outside of west memphis and we have soybeans and corn. making the drive from east arkansas across our beautiful state what i tell the critics is we need to ask and demand that these other countries are held to the same standards that we hold the united states because again, we set the gold standard in protecting the environment. what they are doing in these other countries are not protecting the environment and we must do our part to ensure that farmers, ranchers have the ability to compete globally in other areas, not farmers and ranchers but also our manufacturers while not eric: attorney general, thank you and we ll see how the rules roll out for your state and others affected by that. of course. sandra: fox news alert congressman indicted on corruption charges. what he and his wife are accused from doing and how the case could have national implications with the mid-terms right around the corner. eric: there is a two legal punch to the president. what it could mean for the mueller investigation. bret baier will join us live next ahead. president trump: this started as russian collusion. this is a witch hunt and a disgrace. you see clear skin. you see me. but if you saw me before cosentyx. i was covered. it was awful. but i didn t give up. i kept fighting. i got clear skin with cosentyx. 3 years and counting. clear skin can last. see if cosentyx could make a difference for you. cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last. don t use if you re allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me now. i m still clear. how sexy are these elbows? get clear skin that can last. ask your dermatologist about cosentyx. sandra: fox news alert as california republican congressman duncan hunter and his wife are indicted on charges of misusing $250,000 in campaign funds. we have more on this. sandra, the timing for hunter and republicans could not be worse. the party is trying to hold onto 23 house seats. this was a gop lock. now arguably it is up for grabs after the u.s. attorney if san diego indicted the five-term congressman and his wife on 60 counts of fraud for allegedly spending $250,000 in campaign money on ski trips and european vacations, dental bills. private school tuition, video games, golf and they spent substantially more than they earned. overdrew their bank another more than 1100 times over seven years resulting in $37,000 in overdraft or insufficient fund bank fees. federal agents raided their home last year. at the time hunter said he trusted the justice system. now, however, he claims the indictment is politically motivated. by two assistant u.s. attorneys who attended a hillary clinton fundraiser. here is his father who retired from congress after 28 years. it is politically motivated by hard core democrats who want to get hunter out of congress. using political donations for personal use is illegal. they did reimburse some campaign expenses but they lied to conceal the fraud. president ryan has stripped hunter of his political assignments yesterday. the department of justice is supposed to be separate from the political process. yet anything the department of justice does with any member of congress will become political with an election in november. hunter is a former marine among the first congressmen to endorse then candidate trump. republicans hold a 14-point edge in this district but this morning the san diego union called for hunter to resign and he faces a 29-year-old former obama official in november. sandra. sandra: thank you. eric: facebook says it has removed hundreds of what it calls inauthentic pages and accounts. guess who they are linked to? russia and also iran. the company says the accounts were targeting americans heading into the mid-terms the same way russia did in 2016. so how do we protect ourselves? joining us is fox news contributor and former congressman from utah jason chaffetz author of the upcoming book, the deep state. how an army of bureaucrats protected barack obama and working to destroy the trump agenda. they are still trying to sway us in some way. how can we stop it? they ll continue to do it. it is not just russia and iran. a guy in a van by the river trying to do it as well as the chinese have done some things as well. and some others. that is the seminole question as public policymakers, what are they going to do in terms of firing back? if somebody fired a missile at us we would obliterate that country. if they try to cap into our financial and political systems and mess around in your own personal computer how do you fire back? i think the trump administration is helping to lead the charge on not only the space force but trying to get people in place to deal with this. the federal government spends $90 billion a year, 250,000 federal employees working on i.t. systems and it doesn t work. you can go to best buy and have a better cybersecurity by just going and buying a bunch of iphones than what we re doing now. eric: that what is troubling. there is a closed door session with the senate on election security. in illinois the russians grabbed information from 78,000 voters. went right into the voter base. do you think the states are properly protecting themselves for this election or are there still gaps and things to worry about? there are huge gaps. most elections happen on a county by county level. secretary of state, for instance. so it is decentralized that way. some counties and states do mail-in ballots only. they got off the digital grid and going to a ballot where you put your pencil on a piece of paper which seems to be a safer way. those that have gone all digital, look out. there are so many things that could go wrong. i still worry the vulnerabilities in the federal system attracting i.t. talent to the federal government is a very difficult proposition. eric: why is that? it s tough for the private sector. any company that s in business these days has to have an i.t. personnel and cybersecurity personnel. some of the most sought-after employees there are. somehow the federal government has to transform itself to attract young talent to serve their government like a national guard type of service. come in and do the work and do those types of things. on the nation states it is real and facebook and social media, their job i think is to authenticate who these people are. i would love to see a switch that says i only want to see people from the united states. with the domain name system there is way to do that. eric: that s a great idea for us to be able to control our own security on the internet. you have to be careful. you want to flip the switch off and don t want to see everything around the world that s great. other people may choose that option. right now they re trying to be the editor and filter. that will be disastrous for them long term. eric: we should have that power ourselves. what is fascinating is iran. you don t think iran is doing what russia did. you had two iranian citizens arrested spying for iran targeting the national resistance of iran, opposition group. they are trying to meddle. it is also moscow and beijing. the state department has designated them as a state sponsor of terrorism. every day they re messing with our financial systems. they re going after the american expresss of the world and the chase banks of the world, the credit unions. eric: the corporate systems can fend off these type of attacks sufficiently. not so the some states and local governments. you take your county clerk in the middle of iowa trying to they don t have the types of resources that our federal government has. but the federal government can see what s coming. in we don t do much to defend or fire back. everyonce in a while you ll see an indictment or highlight a particular person or two. it s coming en masse by the millions on a daily basis. eric: the russians are indicted in the russian investigation. dealing that w that agency infiltrated our system. should we go into putin s system? again, you can play whack-a-mole and never scratch the surface. how do you fire back? what is the right public policy? there is going to be we ve been in the middle of a cyber war for a long time. you are naive to think it hasn t been going on on both sides of the oceans in a very aggressive way. it is the new frontier where there is a literal war going on on a daily basis and we need to have the best talent and invest in that. the configuration of the $90 billion, it s a mess. eric: you re right. no tanks and artillery but the artillery is cyber bits and it is a war. congratulations on the book. sandra: police in rural arkansas say two toddlers spent two days alone after surviving a car crash that killed their mother. officers say they discovered a 3-year-old boy walking along a highway by himself. they later found his 1-year-old brother still in the wrecked car. investigators are calling it a miracle that the boys are alive. eric: president trump reacting this morning to the legal drama to his former lawyer michael cohen and paul manafort. what are the political implications for the president coming up? sandra: a dog reunited with its owner with a rescue effort spanning 30 hours. went from side to the front and they really worked hard to get my little baby out here. the law says if you give money to influence an election beyond the campaign finance limits that s a felony. and michael cohen, with the prosecutors, stood up under oath in federal court and admitted to that crime. sandra: that was lanny davis, michael cohen s attorney on air last hour after his client known as trump s fixer pleaded guilty to felonies related to the 2016 election while implicating the president. as for paul manafort, he was found guilty of tax evasion and financial fraud. let s bring back jason chaffetz. hello. well, thank you for coming back. you kind of got to bring this all together for us. that was lanny davis. we had him on in the last hour. tell his side of the story and his client, michael cohen. your thoughts this morning? a big 24 hours. on the paul manafort that has nothing to do with donald trump and nothing to do with the election. if somebody has committed a crime they should have convicted and pay the price for it but it has nothing to do with donald trump. to have the special counsel spending time on that seemed odd at best. i think they re doing it to squeeze try to get something out of him to implicate. they re going after donald trump. i think the cohen situation is much more serious given the proximity and length of time and service the president had some really bad personnel decisions when he brought in a guy who appears to be as slimy as this guy is. but i do think there are some long-term problems. lanny davis s presence is a huge question mark. this is somebody with close proximity with hillary clinton and the democratic machine. it really makes you wonder why is lanny davis sitting in the middle of this? i think it s a huge stretch and leap for him to suggest sandra: i went on to ask him what changed considering his client once said he would take a bullet for president trump for donald trump, why all of a sudden are we seeing the change? his response was well, that s a good question and he referred back to helsinki and that he had a change of heart. it was out of patriotism that he came i think it had to do more with his personal finances and the trouble he was running into. why is lanny davis all the attorneys in the world, right? no shortage of attorneys. you pick hillary clinton s attorney? i think it s highly suspicious. let s pretend for a moment that those payments were real. there are lots of reasons that you can do that. to say and suggest it would sway the election, it wasn t going to sway the election. sandra: more from lanny davis last hour. no question that he has committed a federal crime and whether he can be indicted has never been decided. i see no quotation from mr. mueller. i see attribution anonymously but there are two opinions in the office of legal counsel many years ago. the supreme court has never ruled. i think there is a traditional view that you don t indict sitting presidents but that s an unsettled question. on a campaign finance violation? come on. first of all i don t believe it is a campaign finance violation. on the surface i don t think it makes any sense. that s about the weakest thing we could ever come up with on donald trump. barack obama had problems with this, hillary clinton has had trouble with this. most every other presidential candidate has had some problem and run-in with campaign finances. but to suggest it will rise to the level of impeachment and all these legal problems for the president. it will be a distraction but it is not sandra: just before lanny davis we had michael caputo on who was donald trump s campaign advisor for a short period on the campaign. and he gave his side of the story having known michael cohen personally for five years. listen. it s very interesting how just in february michael cohen was saying for all the world to hear that this was not a campaign contribution or campaign expenditure. it was on the up and up. as soon as he got jammed up in crimes that had nothing to do with the president, he seems to have changed his tune and i m pretty sure that was non-negotiable. i think he is absolutely right. evidently me cohen had huge financial problems. the special prosecutors is looking at it and along comes lanny davis, hillary clinton s person. how convenient that they make the reese s peanut butter cup. huge credibility problems on this. it is a serious situation for the president, rudy giuliani and his legal team. sandra: fascinating stuff. things are changing by the minute here. thank you very much, jason chaffetz, for coming back. eric: you go to the airport and stand in a long line hoping you won t miss your flight. that could be a thing of your past. a new gizmo they ll start to try and prevent that. will it cost you your privacy? we ll take a look at the first u.s. airport rolling out this new technology. you wouldn t accept an incomplete job from any one else. why accept it from an allergy pill? flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which most pills don t. it s more complete allergy relief. flonase. wherever your phone takes you, your wireless bill is about to cost a whole lot less. use less data with a network that has the most wifi hotspots where you need them and the best 4g lte everywhere else. saving you hundreds of dollars a year. and ask how you get xfinity mobile included with your internet. plus, get $300 back when you buy a new smartphone. xfinity mobile. it s simple. easy. awesome. click, call or visit a store today. on the go and want to rent a movie? showtime. or buy the hottest shows. even here? we ve got you covered. now they are all yours. to take on the go. on any screen. bingo! alright! and watch whatever you buy. wherever you are. head to xfinity.com/stream to start watching. simple to rent, easy to buy, awesome to go. happy wednesday. the president and his attorney are pushing back after the conviction and plea deal of paul manafort and michael cohen saying neither one has anything to do with russia. some legal experts are saying it s not that simple. we will talk about it. also police charging an illegal immigrant with the murder of that iowa college student mollie tibbetts. such a heartbreaking story. the president saying that is a tragic example of our bad immigration laws. whether this will change anything when it comes to getting legislation passed. so sad. you know he was e-verified. that s the report. you can see the conversation has started. outnumbered at the top of the hour. eric: facial recognition technology is making its debut at u.s. airports. a new hi-tech effort to try to cut the wait times for travelers and man do we need that. we re live at san jose, california. it does sound pretty hi-tech. biometric facial recognition just means that your face is your i.d. the tech nology is in use in san jose as they pass through customs. they look in the camera and a match is confirmed. that s the border entry side. now the technology is being rolled out on the exit side as people leave the u.s. in a pilot program at los angeles international airport cameras use biometric fishl recognition match passengers to pictures on passports and visas. in early tests they match over 99% of the time. the same i.d. check an officer would be performing by holding out a passport and comparing your face but it is done by the computer more quickly. most passengers seem to like it. so do the airlines. british airways, which has been using these so-called e-gates at lax since november says they can board more than 400 passengers in 22 minutes. less than half the time it used to take. some critics say people might be sacrificing privacy for convenience. my concerns are this technology will be used beyond its current scope. i worry that facial recognition will migrate from airports all across federal law enforcement putting the privacy of law-abiding americans at risk. customs and border protection says this software is safe and secure but passengers who may not feel comfortable using these cameras can opt out and board the plane the traditional way using their boarding pass. even so, government and airline official efs say this biometric boarding is the future of passenger processing and hope to roll out the technology in airports across the country in the next few years. eric: as long as you can do anything to cut the long lines. sandra: president trump hit with a one-two legal punch as paul manafort is found guilty and michael cohen is found guilty and has implicated the president. how this could impact the mueller investigation next. if you have psoriasis, . it s a pill that treats moderate to severe plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don t use if you re allergic to otezla . it may cause severe diarrhea, nausea, or vomiting. otezla is associated with. .an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts,. .or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your 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july 18th. former acting ice director thomas homan says this tragedy could have been avoided with better immigration policy. he was in the country illegally, if he wasn t here this girl would be alive today. if we had a border wall, border enforcement he wouldn t have been here. stone cold facts. jillian: he is a fake name and social security number to work at an iowa farm for years. his boss is speaking out. i wish i had seen a difference but i didn t. nobody saw a difference. this guy stayed around for 35 days after he did this. our employee was not who he said he was. we are still shocked to learn that one of our employees was involved. shannon: investigators are trying to figure out his motive. molly s family is preparing their final goodbyes at her funeral this sunday. jillian: a lot to unfold here. secretary of state mike pompeo making another trip to north korea after reports claim the rogue nation is not taking significant steps to denuclearize, a promise made in the june summit between donald trump and kim jong un. he will travel with a new special representative for north korea who worked for the george w. bush administration, this will be his fourth trip to the country. nikki haley urges un nations to come together to take out isis for good. after coming so far we do not want to give isis room to regroup. our hard work will continue to make sure isis faces an enduring defeat. shannon: the ambassador to the un telling the security council the united states will lead the fight against terror until it no longer exists. to stop isis nations must a lemonade safe havens for fighters and supporters, haley encourages sanctions to stop the funding of terror groups. rob: australia s prime minister is good at politics after his own party forces them out of office after conservatives slammed the clean energy policy and poor polling numbers. some felt he was alienating the conservative voter base after 3 years in office. scott morrison will replace them, the sixth prime minister in ten years. a fox news exclusive, california congressman duncan hunter denies using campaign funds for personal expenses, the congressman and his wife indicted on charges of using $250,000 in campaign funds for personal expenses. that is how we campaign and raise money, having dinners, meeting people and raising more money. to donate money. this is pure politics. prosecutors can make an A precursor to Fox News s morning show, featuring the news and first looks at the other stories of the day. our next guest says we owe it to mollie tibbetts to fix our broken immigration system. the proposal from the republicans is just cut, that is the only way they can produce tax cuts for millionaires. rob: a critic of the 1%, slams them quite often. she is one of them. new financial records just released. enterprise car sales and you ll take any trade-in? that s right! great! here you go. well, it does need to be a vehicle. but - i need this out of my house. (vo) with fair, transparent value for every trade-in. enterprise makes it easy. good morning and welcome back. we learn new details about the murder of mollie tibbetts and good stronger borders save lives. the director of policy studies for the center of immigration studies. thank you for coming on. a wall, stronger border, keeps americans safer, you say? absolutely it does. the government accountability office last week released a report that found there has been 32,000 criminal aliens incarcerated in the last 40 years for homicide. these are 32,000 lives that would have been saved over the years if we had better border security, better interior immigration enforcement. there is something we can do about it and it is too easy for people to get into the country, get a job, live here without fear of enforcement and there are many things our governments can do and it starts with border security and the wall but it is also interior enforcement and making it impossible for people to get here and get a job, drivers licenses, register a vehicle is this person did who killed mollie tibbetts. rob: is that 32,000 illegal immigrants or 32,000 immigrants in general? 32,000 criminal aliens that the government identified who had been incarcerated in federal or state prison for homicide in the last 40 years. some of them may have been here legally on green cards but government statistics show most of these chameleons are illegal aliens and they shouldn t be here to begin with but had the opportunity to pray on americans, legal immigrants and other people in the community and those are preventable crimes, needless crimes that can and should be stopped through better immigration. jillian: there are $2.5 billion spent by the us to incarcerate criminals in 2015 alone. and illegal immigrants obtained false documents. what do you say to critics who don t believe in better border security or don t believe in the wall? reporter: they are completely wrong and oblivious to the effects that unchecked illegal immigration has on the communities. and drug trafficking, gang crime, identity theft, that we are not inflicting on communities and illegal immigration denies americans illegal immigrants the opportunity to get certain jobs being held by illegal aliens. it is costly for taxpayers not only on the cost of prosecuting a fraction of the illegal alien population that is committing crimes and providing services illegally, accessing schooling and other things we don t do enough due diligence screening out people who shouldn t be receiving that. the young man in iowa who killed this young girl say his immigration status is just rhetoric. it is racist to consider somebody s immigration status. not long ago this was something that was important to both parties, that people should be here legally. what has changed? know doubt both republicans and democrats have been complicit in blocking necessary reforms to the law that would address this problem, it affects everyone. and particularly the crimes committed by people in the country illegally often occur in immigrant communities and they are frequently the victims of these crimes. it is not race or ethnicity, immigration status is not dependent on that and enforcement is blind to people s ethnicity. we need to enforce the laws regardless who is breaking them. the effort to have this be a racial issue is one of desperation to enforce the position for open borders. rob: disturbing video of a police officer begging for help and the suspect is trying to grab his gun, bystanders, security guard, do nothing. why did you do that? [shouting] rob: this is crazy video. what can we do to change very anti-copper mentality in this country that is fearful of police? nypd officer darren porter joins us live, this video is a real problem. attorney general session doesn t have the confidence of the president and serious discussions. lindsay graham talking about a shakeup happy department of justice as jeff sessions fires back at donald trump. this wi-fi is fast. 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. rob: demanding jeff sessions take action on the russia probe as lindsay graham fuels speculation the attorney general may soon be fired. shannon: republicans want that might not be a good idea. don t lose later has more on this. reporter: this relationship has been souring month after month and may be near a breaking point. definitions was one of the most loyal supporters of the president, now he is putting out a statement affirming his own job. here is what it read, i m attorney general, the actions of the department of justice will not be improperly influenced political considerations. i demand the highest standard where they are not met, i take action. donald trump in an interview on fox and friends made clear his anger over sessions decisions to recuse himself from the russia probe. even my enemies say jeff sessions should have told you he was going to recuse himself and that you wouldn t have put him in. he took the job and then he said i m going to recuse myself. i said what kind of a man is this? by the way he was on the campaign. the only reason i gave him the job was i felt loyalty, he was an original supporter. reporter: an original supporter. will sessions go? senator lindsey graham suggested trump may want a replacement after the midterm elections but other republicans are not so sure. the idea jeff sessions might be fired because he is not a political hack is a very bad idea for the constitution, bad idea for public trust, bad idea for the payment of justice and for the president of the united states. reporter: to add to the discomfort, sessions was actually at the white house yesterday meeting with donald trump after this took place talking about prison reform and an awkward circumstance at the very least. rob: very awkward. thank you so much. jillian: lindsay graham sending shockwaves through the capital but jeff sessions refusing to back down. rob: david bossi respect the attorney general but his inaction on clinton and russia probe s cost him the president s trust. i believe there needs to be another investigation into what happened in the department of justice and the fbi, peter stzrok, lisa page, what happened under james comey s watch. how this investigation was dealt with differently than hillary clinton s investigation, the double standard in the political nature of the fbi, you can say that all you want but those are the facts and what the american people believe. they believe the mainstream media is biased against this president because they are. yesterday 225 msnbc and nbc talked about impeachment. jillian: jeff sessions was the first senator to endorse donald trump for president. rob: hurricane lane pounding hawaii, a threat of landslides and the worst is yet to come, live in honolulu, the high of the storm gets closer to the island. all over downtown these posters say you are a predator and sexual violence, what is going on? jillian: the latest target of anti-ice liberals, how he is firing back. parts of hawaii they are feeling the hurricane s affects for sure. right now flash flood warning is in effect in parts of hawaii s big island after 20 inches of rain fell in 24 hours, streets were flooded, rivers began overflowing their banks and this extends 200 miles southwest of hilo. concern is shifting to the island of maui which has been hit with tropical storm force wind and several airlines have canceled flights in and out of the island s major airports and at last check maui county was housing 250 evacuees in shelters, the storm has been downgraded from a category 5 since it began to track toward hawaii but officials say it is still a dangerous storm. lane has been downgraded, it is wide and very moist and it is going to hang around for a while because it is moving slowly. that is why we are taking so much precaution here. reporter: for that reason parts of hawaii are under a hurricane warning including honolulu, despite the fact it is pretty calm. we expect another update from the central pacific hurricane center in 30 minutes. rob: hopefully will turn left sooner rather than later. brand-new facial recognition technology at airports is nabbing crooks. and imposter caught at dulles airport in dc after his passport didn t match his face, they found the id from the republic of congo in his shoe after he arrived from brazil. the groundbreaking arrest three days after the machines were installed at the airport. a game changer in american combat, the u.s. air force test dropping and earth penetrating nuclear weapon, combining different attack options into a single warhead like above surface explosions and bunker busting explosions illuminating the need to make separate weapons. the bomb has improved accuracy. jillian: a woman will spend a year behind bars for making up rape allegations against two football players, rolling her eyes and smirking in court at her sentencing in connecticut, the 21-year-old accused two football players of raping her at an off-campus party in 2016. she later admitted to making it up so she wouldn t ruin her chances with a potential boyfriend. the men she accused plan to sue. elizabeth one claims to fight for the middle class. at the end of the day what this is really about is whose side you stand on, about working families or the billionaires, the hedge funds and wall street. jillian: the massachusetts senator is part of the 1%. according to financial records obtained, warren and her husband, a harvard professor, reagan nearly $1 million last year. much of that comes from her book ironically named this fight is our fight, the battle to save america s middle-class. rob: faith hill and jennifer hudson are among the all-star lineups at aretha franklin s funeral. jillian: family, friends and loved ones will honor the queen of soul of the greater temple in her hometown of detroit. public viewings will be thursday. rob: she died of pancreatic cancer at the age of 76. stop filming and helped me, that from a police officer seen in this viral video fighting to keep a suspect from stealing his gun. jillian: the video spiking national outrage not because of the altercation but because no one stepped in to help. grabbing my gun! [screaming] rob: how do we change this mentality and de-escalate the war on police. joining us is doctor darren porcher. you see that video. it is disturbing. the inaction. it is troublesome. we look at police officers, they are impervious to people if the officer needs assistance, we are sure you can help that person safely and effectively, a helping hand. i understand the public in many instances are not trained to deal with offices in these interactions because taken to consideration co-conspirators on the fringe but this is a life and death issue. take in consideration the fact this kicks in and jillian: playing devils advocate for a second, anytime you have been somewhere police are trying to secure a scene they say step away. police officers don t want you to get involved in a situation because they don t want a chance of you getting hurt so how are people supposed to say i will step in here but not here, how do you know when to do it? a slippery slope to say the least. one thing to take into consideration, we look to the trained professional, by and large the public did not trained professionals. responding officers cannot differentiate between who is who in these altercations and the truth of the matter is the best course of action for civilians is to call 911, not to record the incident but call 911. if people can assist you as assets by all means do it but be careful. goes back to the trained professionals should assist to interdiction. shannon: the one person was a security guard. that is our understanding. a security guard should be a trained professional, that should be the individual who should step in. rob: filming in the background, how pathetic is it that the security guard is sitting hand in pocket? never seen anything like that. i have. it goes back, this is what people are doing in this day and age, looking to fill things and put it on social media as opposed to assisting their fellow man. we should all be good samaritans and do what you can. it may not evolve into a physical confrontation with an assailant but you can always dial 911. jillian: hard to get on that mentality of having the phone in your hand. is that helping or hurting police officers? police officers have become impervious to people in these altercations. looking at body can video the average citizen and police officer is photographed 200 times a day in a place like new york, taking into consideration an extra case of privacy, they understood this and that is the way they go through the day. rob: they will offer $500 in cash if you help a police officer stopped the suspect. i like this idea on its face but i feel like this is going to be a big issue legally if you have people interjecting themselves with suspect and try to take down somebody, couldn t a lawyer pick that apart? is there a risk? the sergeants benevolent association. i understood where he was coming from but the truth of the matter is we live in a litigious society. lawsuits maintain a level of prevalence. we need to use the ultimate discretion in these instances because what happens if a person steps in to assist a law enforcement official and that person, is injured, then that person sues, not just the police officer and the individual. the good samaritan comes to the play but by the same token you don t want to put yourself in that instance and let the trained professionals handle these interactions. shannon: good information as always. thank you so much. 21 after the hour, foxbusiness alert, be there before you leap, hundreds of thousands of suvs recalled for bad breaks. imam letter a-year-old daughter walk their dog alone, investigated. what happened to letting parents parent? our next guest, this is why millennials are snowflakes, stay tuned. all of his businesses. an elderly neighbor who walk dogs came running up and set all over downtown are these posters that say you are a predator and sexual violence, what is going on? i m not a victim, they have nothing to do with it. rob: he says he has been leasing this complex for 21 years. this is the first time he has had an issue. police are looking at this incident but it may simply be an act of free speech. border patrol agents nabbing 20 illegal immigrants, they busted the group after a canine other them at a highway check point at the us-mexico border. 18 of them are from mexico and guatemala who are said to be in good health. the drivers from the united states, has been arrested. jillian: calling the police over walking a dog. a mother investigated after a neighbor reported her for allowing her 8-year-old daughter to walk their dog in the neighborhood alone. the outrage did not stop there. apparently whoever called the police didn t think the police were good enough judge of what was okay and not okay. child services and the police closed their investigation. this is an example of where parents should be allowed to parent. joining me is doctor kimberly, thank you for being here. what was your reaction when you heard this story? i was thrilled the child had a chore, getting responsibility, probably begged for the dog. when a child has that responsibility, walking the dog, that responsibility spills over into other areas of their life. to have the mother confronted by the police, by child services, quite an overreach. jillian: seems extreme. very extreme. jillian: you argue with college students, you see what happens as kids get older when not given responsibility, something as simple as walking a dog at a young age. responsibility at 18 when helicopter parents are monitoring every activity, the children have emotional dependence, become easily triggered, they are not set out to be good citizens whenever reaction is monitored. jillian: is in their place or time that you see something, say something. a case of overreach. what parents know their child, the environment so allow them some freedom. this is unheard of in other countries where children can use public transportation, visit a playground by themselves, go to the grocery store by themselves. this was not the case in america years ago, watching sesame street, where mom tells the child to get a loaf of bread and stick of butter, a small child gets those 3 things and it seems today the mom would be handcuffed. jillian: a difference of generations, difference of time have anything to do with it? when i was growing up we could ride our bikes around the neighborhood. we were not necessarily allowed to walk to school or from school until we were a certain age but is it a difference in time right now? absolutely. columbine, parents wants to control. the term helicopter parents has come because they always hovering. i call it black hawk down parents. let parents be the ones to decide what is best for their kids, not the neighbors deciding in 8-year-old shouldn t be walking a dog. the parents know the child and the environment and the children need that responsibility, they need to learn initiative and execution and independence and this is how they learn it. it doesn t magically happen in college at age 18. jillian: a statement from child services we want to put on screen, we don t control the calls in our hotline, something made someone think there was a concern and we don t know without checking it out. and fairness, get a calling out a concern calling child protective services, she understands where her children are, simply around the block, she could see the block, clearly an overreach. 12 minutes after the top of the or, more heat for facebook, why not flag an article about donald trump as spam? if i m to change this i must first change myself. fish our friends, not food. apparently the same goes for crabs. the new billboard from peta not going over so well. o listen to. if you are suffering from chronic knee pain or back pain, there is now a solution that could change your life. you may be eligible for a pain-relieving back brace or knee brace covered by medicare at little to no cost to you. that s right, little to absolutely no cost. call: right now to see if you qualify. these items are currently covered by the medicare program. coverage may change at any time, so make sure you call now. high quality, professional grade back braces are ideal for lower back pain, rheumatoid arthritis, osteoarthritis, spinal disorders, stenosis, and other painful back problems. our medical grade knee braces are specially designed for those with osteoarthritis and general knee pain and weakness. our accredited staff will handle all the medicare paperwork for you, and best of all, your brace ships directly to your home absolutely free. do you qualify for a medicare covered back or knee brace? there s only one way to find out. call: 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. of the gun book but refused to say why. the exercise in freedom of speech is removed from the site. in it, blueprint to a 3-d printer gun design, as an act of free speech, blocking the creator of the gun from putting the code online. it violates content guidelines but not said how. rob: thousands of vehicles recalled over bad brakes that could cause a crash. jillian: tracy carrasco with what you need to know. reporter: chrysler recalling 209,000 minivans and suvs, it can cause longer stopping businesses. the 2018 dodge journey, and fiat chrysler says the brake system wasn t built to specifications allowing some gas bubbles to form in the brake fluid so they are going through place to fix the problem. they haven t gotten complaints, no issues, accidents or injuries reported. if you have one of these vehicles take care of it as soon as you can. rob: what is starbucks doing? reporter: starbucks launched a new program, testing this out giving employees a chance to volunteer and get paid for it. employees will be will to volunteer 20 hours with a nonprofit organization but work 20 hours in the store, they are trying this out, 6-month trial with 36 employees in 13 cities, they partnered with a nonprofit organization, for 17,000 community services. jillian: time for the good, the bad and the ugly. the good, a police officer adopts a dog she saved in wildfire. we showed you this video, california cops in an animal shall, carly stone says shauna dog jumped into her lap when they have been best friends ever since. rob: a man carrying 1.5 million doses of fentanyl, emma sanchez had this illegal drug in her suitcase near a bus station and was headed for new york city. jillian: the ugly. ime, not meet, that is the message from this peta billboard encouraging people not to eat crabs in a city known for its crabs. rob: the march to the midterms in the home stretch, new polls show a tight race in deep blue new jersey. the republican testing the power of the trump bump, bob joins us next in the next hour of fox and friends first .
evidence to support their allegations. including naming over two dozen witnesses each. unfortunately, the limited investigation that was conducted by the fbi failed to interview any one of the witnesses these two women identified who could support her account. let me say that again. they refused to investigate, to talk with any of the 24 witnesses that could have supported their accounts. mr. president, i think it s important to remember why we re here today. we re here to determine whether judge kavanaugh has demonstrated the impartiality, the temperament, the even handedness that s needed to serve on this great high court of our land. if confirmed, he will join eight other individuals who are charged with deciding how the laws of our land are interpreted and applied. he would be a deciding vote on the most important issues affecting our country. and every american for generations to come. mr. president, madam president, based on all of the factors we have before us, i do not believe judge kavanaugh has earned this seat. thank you. dianne feinstein, the top democrat on the senate judiciary committee making the case against confirmation of judge kavanaugh. we re expecting to hear momentarily from chuck schumer, the democratic leader, the minority leader in the u.s. senate. he s expected to speak shortly. he ll be followed by mitch mcconnell, the majority leader, the top republican in the u.s. senate. we want to welcome our viewers here in the united states and around the world. i m wolf blitzer reporting from washington. this is truly a very, very important moment in u.s. history. a moment that could affect americans lives for generations. in a few minutes, the u.s. senate will vote on the future of the supreme court nominee judge brett kavanaugh. will he take the swing seat on the high court, shifting the balance towards conservatives for decades to come? or will the gop come up a vote or two short? it s unclear right now what the final vote on the senate floor will be. republican leaders said this morning they did not, they did not yet have all the votes they need, but they also said they remain confident they can get to the crucial number. that number is 50 votes. they need 50 votes. if it s a tie, 50/50, the vice president of the united states, mike pence, he breaks the tie in favor of confirmation. there are 51 republicans in the u.s. senate, 49 democrats. two of whom are independents, but caucus with the democrats. 51/49. this is going to be a critical moment. right now, manu raju is up on capitol hill. manu, expecting to hear from chuck schumer, mitch mcconnell, lots of speakers, a few more speakers before this critically important procedural vote. yeah, and we don t know how it s going to go. and the final vote quite yet, wolf. the four undeclared senators are still undeclared. joe manchin, the west virginia democrat, right now is behind closed doors reading this material about brett kavanaugh s past. entering this closed-door briefing to understand what happened. he refused to say how he would vote. he actually said he would not make a decision until the vote is actually cast. now, the three republican senators we re watching very closely, also have not made their decisions known yet. lisa murkowski of alaska, susan collins of maine, jeff flake of arizona. we expect susan collins to make her announcement about her final vote later this afternoon. so potentially her vote this morning may not be the same as her vote tomorrow. we just don t know the answer to that. she declined to comment on her way into her office this morning. so the republican leadership at the moment is confident that ultimately that kavanaugh will get confirmed, that they ll overcome this democratic filibuster this morning, but no one can say for sure, and republicans i have talked to this morning, wolf, say they don t know what is going to happen, which makes this vote very dramatic as we head into the crucial 10:30 vote this morning. we ll see how the senators react, if they hold back and wait until the end of the vote to cast their vote or if they decide right away, going yea or nay. we don t know how that s going to go at the moment. significant time in the senate. a rare moment. manu, hold on for a moment. chuck schumer, the democratic leader of the minority leader is speaking. i ll get to him in a moment, but dana bash, you have breaking news. i m told as manu was talking about one of the key republican senators here, susan collins. i m told she will vote yes on this morning s procedural vote, the cloture vote. however, we have all been kind of looking coming up to this vote as the key vote. it might not be the key vote. because she s going to vote yes, but then she s going to give a speech on the floor at 3:00 where she s then going to talk about her final vote, whether she will actually vote to confirm. and that could be different. it could be the same, but it could be different. there s going to be tremendous suspense, assuming that this cloture vote passes between then and when we have that question about the final vote. everybody stand by. that s important news. susan collins is concerned. chuck schumer is speaking on the floor. and finally, the dam broke under the weight of credible allegations that judge kavanaugh committed a sexual assault in high school. in 2018, the republican majority conducted a hearing that made the anita hill hearings in 1991 look fair by comparison. in this hearing, there were no corroborating witnesses on either side. no independent investigation of the facts to inform the questioning. they even hired an outside counsel to put a witness, dr. ford, on trial. only at the 11th hour urging a breakaway members of their caucus, republicans submitted reluctantly to a one-week investigation of the allegations. an investigation which was then severely circumscribed by the white house. our republican friends blame us for this process. they re always finding a strawman, but nothing could be further from the truth. first, they blame us for delay. knowing full well that majority leader mcconnell has complete control of when nominees are brought to the floor. leader mcconnell could have moved this nominee two weeks ago or one week ago. democrats had no say and don t when it comes to who comes to the floor. but in each case, leader mcconnell couldn t move the nominee forward because he was blocked by fellow republicans, not democrats, from moving forward. when it comes to complaining about delay, two words never come from our republican friends lips. merrick garland. republicans are also saying we engaged in, quote, a smear campaign, or the politics of personal destruction, with this nomination. in reality, again, they re using democrats as a strawman because what they re really talking about is what dr. ford said. democrats did not induce her to come forward. her conscience did. and our republican friends are our republican friends accusing dr. ford and her deeply held memories of what happened to her of a smear campaign? are they accusing dr. ford of a smear campaign? of engaging in the politics of personal destruction? because that is who they re actually blaming. they re decrying her testimony. and then trying to blame democrats. i don t blame them. they have a flawed nominee. they don t want the focus on the nominee. when future americans look back at these proceedings, let them draw no lessons from the senate s conduct here. let them look back on this chapter as the shameful culmination of the scorched earth politics practiced by the hard right in america. people who will stop at nothing to entrench an advantage on our nation s courts. let the confirmation process for judge kavanaugh be recorded as a sorry epilogue to the brazen theft of justice scalia s seat, the ignominious end of bipartisan cooperation and consultation on the confirmation of supreme court justices. and for what? for whom were senate republican leaders willing to discard all semblance of fairness to confirm? judge brett kavanaugh certainly a product of an elite education, but also someone with hard-right conservative jurisprudence, far, far away from what average americans believe. why most democrats opposed his nomination at the outset feels like ancient history now, but let us not forget that most importantly, we strongly disagree with a number of judge kavanaugh s views. he s deeply skeptical of unenumerated rights, including a woman s right to make fundamentally private decisions about her medical care. he s deeply skeptical of the government s role in protecting americans with pre-existing conditions. he s deeply skeptical of nearly all rules and regulations that protect consumers, workers, the environment. and the flashing red light warning sign at the center of judge kavanaugh s jurisprudence are his views on executive power and accountability. somehow, this conservative judge and scholar of the constitution sees at the heart of american democracy, a president kum king, an executive who is unaccountable to the laws he s sworn to unhold. a head of state who while in office should be beyond the reach of subpoenas, criminal investigations, or civil investigations. this moment in american history demands deep skepticism about judge kavanaugh s views on executive power. nominated as he was by an executive who disdained the constraints of his office and who is at this very moment the apparent subject of investigations his supreme court nominee believes should be invalid. i met with judge kavanaugh for almost two hours. i asked him about all of those issues. his answers were constantly evasive and utterly unsatisfactory. it was deja vu all over again in the first round of hearings. when judge kavanaugh deliberately avoided talking about his views on roe, health care, presidential accountability, and more. there was no league reason, rule, or logic that prevented him from being clear and saying what he thought. he was evasive because he knows that his views are deeply at odds with the progress america has made over the last century of jurisprudence and at odds with what most americans believe. his performance was not only unfair and frustrating to the senate, it was unfair to the american people. when a nominee refuses to disclose their views, chances are you have a nominee whose views are far outside the mainstream of america, whether they be far right or far left. my colleagues on the other side of the aisle may not have as grave a concern about these views as we do, but let no american be surprised if judge kavanaugh becomes a decisive vote to restrict the rights and privileges of the american people while stretching the bounds of privilege for the current occupant of the white house. judge kavanaugh s nomination ultimately does not only encompass questions of ideology or credentials but questions of character. here again, judge kavanaugh falls woefully short of what americans expect and deserve in a supreme court justice. he has repeatedly misled the senate about his involvement in some of the most serious controversies of the bush administration, including warrantless wiretapping of american citizens, our policy against torture, the theft of electronic records from democratic senators, and his involvement in the nomination of very controversial judges. faced with credible allegations of various types of misconduct, judge kavanaugh s credibility was again tested. and he continued to dissemble and even prevaricate about easily refuted facts. beyond the issue of credibility, judge kavanaugh presented to the senate the bitterest partisan testimony i have ever heard coming from a candidate seeking the senate s approval, whether they be for the bench or the executive branch. now, there are many who think that what happened when judge kavanaugh was 17 years old should not be dispositive. even if you believe that, his actions at age 53 in terms of demeanor, partisanship, and above all, credibility, should be dispositive. judges at every level of the federal bench should be held to the highest standard of ethics and moral character. judges at every level should be judicious and credible and independent, but especially, especially on the supreme court. i do not see how it s possible for my colleagues to say with perfect confidence that judge kavanaugh has the temperament, independence, and credibility to serve on the united states supreme court. so i ask my colleagues on the other side of the aisle, why judge kavanaugh? there is no dictate that you have to march blindly forward with a nominee when there are others available to you. there are many judges who i m sure conservatives would be happy to have on the court. i would remind my colleagues, the seat that brett kavanaugh aspires to fill was held by a justice who assumed the bench after one nominee was voted down by the senate and a second nominee withdrew his nomination. but the republican majority has pressed forward blindly on judge kavanaugh. even when brave women came forward to speak truth to power. why? for what cause? for the sake of winning? that s not reason enough. my colleagues on the other side, if you have doubts about judge kavanaugh s credibility, about his ability to tell the truth, about his ability to be impartial and nonpartisan, no matter what you think of his juris prunls or what he may or may not have done in high school and college, you should not vote to confirm him to the supreme court. so, my friends, democrat and republican, for all the controversy, all the heavy handedness of the process, all the hyperbole and vilification of both sides, there s also hope that the senate can save itself. we can salvage some decency here at the end. if judge kavanaugh is rejected, president trump will select another nominee, likely right of center, probably not to my liking, but without the cloud that hangs over this nominee. and we can proceed to consider that nominee in a much less bitter, much better, less partisan way. a bipartisan majority of senators considering fully the weight of judge kavanaugh s testimony, record, credibility, trustworthiness and temperament, considering fully the heartbreaking testimony of dr. christine blasey ford, can vote to reject judge kavanaugh s nomination and ask the president to send the senate another name. for the sake of the senate, of the supreme court, and of america. i hope, i pray my colleagues will do so. chuck schumer, the democratic leader, the minority leader in the u.s. senate, making the case against confirmation of judge kavanaugh as the new u.s. supreme court justice. we re getting new information on some of the four undecided senators who will either make or break the confirmation. gloria borger, you re getting new information as well. i want to add to what dana was saying. these senators, including senator flake, still pretty much seem to be trying to decide what they want to do. we know that senator flake voted yes in committee, so he s not as much of a mystery perhaps as senator collins or murkowski. but there is this possibility that people vote yes on cloture, meaning move the nomination, and then decide to vote against the nomination in the end. i mean, you ll recall, and we have all covered this, that this occurred during health care, when john mccain, for example, voted yes on cloture, but that was because he thought he could perfect the bill on the second round. there s nothing here to perfect. it s just a nomination on a single person. i gotta go to senator mitch mcconnell, the majority leader. the stakes are always high for a supreme court nomination. but colleagues, the extraordinary events of recent weeks have raised them even higher this time. when we vote later this morning, we will not only be deciding whether to elevate a stunningly well qualified judge to our highest court, not anymore, not after all this. the united states senate will also be making a statement. partisan politics can override the presumption of innocence or we ll reaffirm that in the united states of america, everyone is innocent until proven guilty. we ll either state that facts and evidence can simply be brushed aside when politically inconvenient and signal that media bullying and mob intimidation are valid tactics for shaping the senate. the mob can attack and the senate caves. or we ll stand up and say that serious, thoughtful, fact-based deliberation will still define this body. we ll either give notice that totally uncorroborated allegations are now officially, officially enough to destroy an american s life or we ll declare that our society cannot, must not, will not set the bar so low. so, madam president, today is a pivotal day in the nomination process of this excellent judge. but it s a pivotal day for us here in the senate as well. the ideals of justice that have served our nation so well for so long are on full display. so let s step back and sample a few of the choice moments that the senate and the american people have been treated to during the disgraceful, absolutely disgraceful spectacle of the last two weeks. the very night judge kavanaugh was announced as the president s choice, we heard the junior senator from oregon declare that this nominee would pave the way to tyranny. his audience crowds of far-left protesters, still filling in the blanks on their picket signs. they weren t quite sure who the nominee was going to be yet. we have heard the junior senator from new jersey describe judge kavanaugh s nomination as a great moral struggle, in which there are just two camps. you re either complicit in the evil or you re fighting against it. more recently, we have heard the junior senator from hawaii argue that her personal disagreement with judge kavanaugh s judictud nominee meant he deserved less of a presumption of innocent when it came to allegations of misconduct. you disagree with her, you re not entitled to the presumption of innocence when it comes to allegations of misconduct. that s from a member of the judiciary committee? that s the definition of due process? apparently, you get due process only if you agree with her. and even more recently, we saw the junior senator from rhode island hold forth with great confidence, great confidence, offering his expert interpretations of goofy jokes in high school yearbooks from the early 1980s. that was incredible. many women live in fear. how do you think kavanaugh will make us feel? have you made your final decision how you ll vote on brett kavanaugh? i will be i will be voting yes on proceeding to the final confirmation vote, and i will announce my intentions on how to vote later today. thank you. have you made your mind up, senator? senator, have you made your mind up? there you heard it, she ll vote yes on this procedural vote coming up in the next few minutes, but later this afternoon, we re told about 3:00 p.m., she ll announce how she ll vote tomorrow on the final vote for passage. let s go back to the majority leader. to public discourse. before the ink had dried on justice kennedy s retirement, our democratic colleagues made it perfectly clear what this process would be about. delay, obstruct, and resist. and before the ink had dried on judge kavanaugh s nomination, colleagues across the aisle, including democratic members of the judiciary committee were racing to announce they had made up their minds and were totally opposed to his confirmation. mere hours after judge kavanaugh was nominated, my friend the democratic leader promised, quote, i will oppose him with everything i ve got, he said. hours after he was nominated. it was thus abundantly clear his goal was to defeat the nomination by any means necessary. it was right there from the beginning, madam president. clear declaration plain as day, nothing, nothing could get most democrats to consider this nominee with an open mind. it would be delay tactics, obstruction, and so-called resistance until the final vote was called. for a few weeks, their efforts played out along the lines that sadly have become somewhat ordinary around here. there were excuses for delay. those fell flat. there were gross distortions of judge kavanaugh s record that were batted down by outside fact checkers. and there were all the usual phony apocalyptic pronouncements that are shouted whenever a republican president nominated a supreme court justice. happens every time. hostile to women, hostile to vulnerable people, hostile to workers, same old tricks, same old playbook. but here was the problem. the old plays weren t working. the distortions were being literally drowned out by the facts. senators received and reviewed more pages of background materials on judge kavanaugh s nomination than for every previous supreme court nomination combined. we read judge kavanaugh s 12-year record of judicial rulings from our nation s second highest court, 300-plus opinions. we heard sworn testimony, written accounts from hundreds of character witnesses from all stages of judge kavanaugh s life and career. and the picture painted by these facts was nothing like the caricature. nothing like the caricature. so it was clear, madam president, the old tactics weren t working. wasn t going to get the job done. the resistance demanded more. try something new, they said. well, we all know what happened next. uncorroborated allegations of the most sensitive, most serious sort were quickly sharpened into political weapons. one such allegation shared by dr. ford in confidence with the committee somehow mysteriously found its way into the press. well, chairman grassley immediately sat out on a sober focused search for the truth. the committee collected testimony, organized a new hearing, and most recently asked for the supplemental fbi background investigation, judge kavanaugh s seventh, seventh fbi investigation. by any fair standard, the facts, the actual facts, proved to be straightforward. no corroborating evidence, none. none. was produced to support any of the allegations leveled against judge kavanaugh. no corroborating evidence from the fbi inquiry or from anywhere else. nothing. well, that wasn t enough for our democratic colleagues, of course. the facts were not exactly the point, after all, we sort of get it by now. when the very fbi investigation for which they had been clamoring turned up no new evidence, the democrats moved the goalpost yet again. i believe the latest story is that the whole investigation is invalid. now listen to this, because individuals who had only recently been told second hand or third hand about nearly 40-year-old allegations weren t treated as essential witnesses. let me say that again. the latest story is that the whole investigation is invalid because individuals who had only recently been told second hand or third hand about nearly 40-year-old allegations weren t treated as essential witnesses. never mind that they didn t actually witness anything. they didn t witness anything. so let s be clear, madam president, these are not witnesses. these are people supposedly in possession of heresy that they first heard 35 years after the supposed fact. what nonsense. the people whom dr. ford claimed were witnesses, they have spoken with the fbi. we know that because they, through their attorneys, put out public statements saying so. and what we know now is what we knew at this time a week ago. there is absolutely no corroborating evidence for these allegations. same thing we heard a week ago. if they were, you bet we would have heard about it, but there isn t. so not withstanding that, the leak of dr. ford s letter in violation of her privacy and against her wishes opened the floodgates. the feeding frenzy was full on. the weaponization of her letter by the left led to a torrent of other equally uncorroborated allegations. they were dumped on judge kavanaugh and his family. and breathlessly, breathlessly, the media seized on them, the more outlandish, the better. americans were informed judge kavanaugh masterminded violent drug gangs as a young teenager, until that accuser walked her story back. we were informed that judge kavanaugh beat someone up on a boat in a rhode island harbor. until that accuser totally recanted. we heard another tall tale of physical assault until that account was thoroughly debunked by a sitting federal judge. oh, and yes, we were informed that juvenile jokes in his high school yearbook were actually sinister secret references. oh, there keystone cops were on the case. keystone cops were on the case, madam president. and senate democrats cheered them on. they read parts of this uncorroborated, unbelievable mudslide, mudslide, into the senate record. they cited them in an official letter demanding judge kavanaugh s nomination be withdrawn. were they true? well, of course, that was quite beside the point. quite beside the point. so long as they were convenient. every effort was made to insure that the fact-free verdict of the mob and the media would win out over the actual evidence. make sure the mob prevails. but the uncorroborated mud and the partisan noise and the physical intimidation of members here in the senate will not have the final say around here. the senate will have the final say. so madam president, we re almost at the end of the runway. the cross of anger and fear and partisanship have blown strong these past weeks. they have harmed a good man and his family. they have tarnished the dignity of this institution, but all of it can end today. the time has come to vote. the senate stands on the threshold of a golden opportunity. we have the opportunity to advance the nomination of an incredibly well qualified and well respected jurist to a post that demands such excellence. we have the opportunity to put judge brett kavanaugh on the supreme court where his distinguished service will make us and our nation proud for years to come. but we have the opportunity to do even more. today, we can send a message to the american people that some core principles remain unfettered by the partisan passions of this moment. facts matter. fairness matters. the presumption of innocence is sacrosanct. the senate has turned its back on these things before, madam president, but never for long. and never without deep regret. this institution does not look back proudly on the era of joseph mccarthy. nor on any of the other times when the politics of personal destruction poisoned its judgment. no, no, the senate looks back on those things with shame. and with a conviction that we cannot go down that road again. we know the senate is better than this. we know the nation deserves better than this. by confirming judge brett kavanaugh to the supreme court, this brilliant jurist will be charged with upholding the rule of law and honoring american justice. we must hold ourselves to that very same standard. we must seize the golden opportunity before us today to confirm a supreme court justice who will make us proud. and to reaffirm our own commitment to the justice that every single american deserves. as a reminder all right, the roll call is about to begin on the senate floor. very, very important vote right now to proceed. proceed with the confirmation of judge kavanaugh to the united states supreme court. this is a procedural vote, but critically, critically important, with still some uncertainty whether or not it will pass or fail. if it passes, there will be final vote tomorrow some time on the floor of the u.s. senate. although interestingly, susan collins, the republican senator from maine, just said she will vote in favor of this procedural legislation, allowing a final vote. she ll make a statement later this afternoon, we re told around 3:00 p.m. eastern, whether or not she will vote in favor of confirmation. we re still waiting for more specific details from lisa murkowski. jeff flake, similarly, we expect he will vote for this procedural vote. joe manchin, the democratic senator from west virginia, his vote is still very much, as we speak right now, up in the air. dana, what s the latest you re hearing? the thing to keep in mind i want to point our viewers to the vote on the floor has started. this usually takes 15, 20 minutes for the roll call. yes, and they keep it open until the senators get there. the thing to keep in mind as we watch the vote right now is that up until this morning, we thought this was the whole ball game, that whatever happened in this procedural vote would be determinative of what happens with brett kavanaugh, but we can t say that anymore. the reason is because susan collins is the one who actually said she s going to vote yes now and she ll announce later what she ll do for the final confirmation. gloria s hearing that jeff flake may be in the same boat. we don t know. i was told that even up to this morning, wolf, jeff flake was making phone calls to confidantes, talking about the issues, talking about the concern, the pluses, the minuses around this kavanaugh vote. and that just tells you how much of a nail biter this is. not that we actually need to say that, but those are kind of important data points and color about what s going on with these really, really important senators as they agonize over what they re going to do here. the four senators, they have to make a tough decision, because it s either pass or fail. is that the only option? yeah. it s getting a little more complicated, as dana points out. we have to see how the vote turns out in another 20 minutes or so. but if you ll recall, during health care and david chalian has done some research on this, that collins and murkowski voted against cloture, against having the bill proceed to a final passage, and they ended up being against health care. but it was mccain their procedural vote was an indication as to where they were going. that wasn t the case with john mccain. exactly, and john mccain voted for this procedural vote, because he thought he could get the bill fixed up and maybe he could vote for it, and then he ended up voting against the bill. mr. inhofe. aye. mr. isaacson. aye. mr. johnson. mr. jones. mr. kaine. no. mr. kennedy. aye. mr. king. ms. klobuchar. no. mr. kyle. aye. mr. langford? aye. mr. leahy. mr. lee. mr. manchin. mr. marquee. ms. mccaskill. mr. mcconnell. mr. menendez. mr. murkily. no. mr. moran. ms. murkowski. mr. murphy. no. mrs. murray. no. mr. nelson. mr. paul. aye. mr. perdue. aye. mr. peters. no. mr. portman. aye. mr. reed. mr. rich. aye. mr. roberts. aye. mr. rounds. aye. mr. rubio. aye. mr. sanders. mr. sasse. aye. mr. schatz. mr. schumer. mr. scott. aye. mrs. shaheen. mr. shelby. ms. smith. no. ms. stabenow. no. mr. sullivan. aye. mr. tester. mr. thune. aye. mr. tillis. aye. mr. toomey. aye. mr. udal. no. mr. van hollen. mr. warner. no. ms. warren. no. mr. whitehouse. mr. wicker. aye. mr. wyden. no. mr. young. aye. senators voting in the affirmative, alexander, burasso, blunt, bozeman, burr, caputo, cassidy, collins, corker, cornyn, cotton, crapo, cruz, danes, enzi, earnest, fisher, flake, gardener, graham, grassley, hatch, heller, hovan, heightsmith, inhofe, isaacson, kennedy, kyle, lankford, mcconnell, moran, paul, perdue, portman, rish, roberts, rounds, rubio, sasse, scott, shelby, sullivan, thune, tillis, toomey, wicker, and young. mr. manchin, aye. senators voting in the negative. baldwin, bennett, booker, brown, cantwell, carden, casey, coons, duckworth, cortez masto, feinstein, gillibrand, harris, hinrich, kaine, klobuchar, leahy, markey, murkley, murphy, murray, nelson, peters, schatz, smith, stabenow, tester, u doll, warren, whitehouse, and wyden. mr. sanders, no. mr. lee, aye. ms. hassan, no. mr. jones. no. mr. johnson, aye. mr. schumer, no. mr. donnelly, no. ms. heitkamp, no. mrs. mccaskill, no. mr. menendez, no. mr. reed, no. mr. king, no. mr. van hollen, no. ms. hirono, no. mr. blumenthal, no. mrs. shaheen, no. we re waiting for the official announcement from the senate floor. it looks like this procedural vote, a very critically important procedural vote, will pass narrowly, will pass. susan collins, the republican senator from maine, votes yes. jeff flake, the republican senator from arizona, votes yes to allow this confirmation process to move forward for judge kavanaugh. joe manchin, the democratic senator from west virginia, votes yes. lisa murkowski, the republican senator from alaska, votes no. there are 51 republicans, 49 democrats, with manchin now voting yes to move this legislation forward, allowing a full scale vote tomorrow in the senate floor. it looks like they do have the votes to move the kavanaugh nomination forward. lots of people are going to be analyzing this. let s listen in for a moment. i think the official announcement is coming. are there any senators in the chamber who wish to change their vote? as a reminder to our guests in the galleries, expressions of approval or disapproval are not permitted in the senate galleries. on this vote, the ayes are 51, the noes are 49. the motion is agreed to. the judge kavanaugh nomination now moves to the next and final stage, a full vote in the senate. that s expected tomorrow. but this was a critically, critically important move. 51/49. the only democrat voting in favor, once again, joe manchin, the democratic senator from west virginia, who is in a tough re-election battle right now in his home state. let s get analysis. it s dramatic, susan collins, as you first reported, dana, she said she would vote in favor of this moving forward, this procedural vote, but she was going to make her final announcement later this afternoon around 3:00 p.m. eastern. how she ll vote tomorrow on final passage. that s right, and as this vote was happening, it s probably still the case right now, susan collins and lisa murkowski, susan collins voted yes on the procedural vote. lisa murkowski voted no. are sitting next to each other talking. they have been in constant communication, along with jeff flake as well, i m told, but particularly the two of them because they bonded over a lot of things but especially their no votes on repealing health care last year. and the fact that they are talking, i m told, is something to watch. because senator collins has not said formally how she s going to vote in the final vote. neither has lisa murkowski, but if you vote no on the procedural vote, which is basically traditionally something that you do for your party, you re not going to vote yes on the final. it s hard to imagine her changing her mind. but we ll see what senator collins does. i m told that she has been up and down, round and round, about what she s going to do. and sitting there talking to somebody she knows and she trusts could have an impact on what she does. but 51/49 is as slim a margin as you can get. the only thing that would have been slimmer is if the vice president had to step in. if it would have been 50/50, it would have passed because the vice president is the president of the senate, he breaks the tie. but we need to keep that in mind, how historically unusual this is, for a supreme court justice, a nomination by a president of either party, to be this to have this kind of drama even on a procedural measure, to have it go forward with this narrow of a margin. so the question now is will susan collins, jeff flake, and joe manchin continue to vote yes when the big vote comes up tomorrow. and joe manchin, if he broke with his party on this procedural vote, it s hard to see him voting the other way. back with his party. but you never know. you never know. manu is up on the hill for us. manu, you watched all this unfold. yeah, rather dramatic scene. a very unusual scene on the floor. senators themselves sitting and casting this vote. they usually reserve that for pretty historic moments. this being one of them. casting one vote at a time. now, lisa murkowski kept her cards close to her vest up until that final vote. she sat very calmly, according to our colleagues, lauren fox and phil mattingly who are in the chamber, they report she just announced she would vote no almost expressionless as she did that vote. there was some discussion among some of the members, but catching some of colleagues by surprise. the question still remains, i was just talking to people in the leadership on both sides, what will happen on that confirmation vote. they do not know for sure if there are the votes to confirm brett kavanaugh, because of the very reasons we have been discussing. is susan collins going to split her vote, essentially vote no on confirmation after voting yes to advance the nomination? her decision to make this announcement later today raising a lot of questions that she may vote no. and joe manchin, did he just vote to advance this nomination? that does not necessarily mean he s going to vote to ultimately confirm kavanaugh tomorrow. a lot of discussion, a lot of confusion among the leadership on both sides because of the uncertainty right now of kavanaugh s nomination hanging by a thread at this moment. high drama here, wolf, as members try to grasp what just happened on the floor, wolf. and manu, just to be precise, they have 30 hours to debate and then there will be a final vote on confirmation some time late tomorrow afternoon, unless the timing changes, right? because there s one complicated factor. that s right. a couple things that could happen. if the democrats were to agree to not hold the floor as they plan to do essentially all night and begin to move and debate all day tomorrow, they could speed up that final confirmation vote. i would not count on that. but the complicating factor being steve daines, a montana republican senator who supports brett kavanaugh, is attending his daughter s wedding back in montana tomorrow. walking down the aisle with her. and he plans to come back if his vote is needed. so that means they may hold open the vote overnight until he returns, potentially early morning sunday, if his vote is absolutely critical. if his vote is not critical, he may not be needed. this could all be moot if we learn how manchin and collins go one way or the other. if there the two republicans defect, that s enough to derail the nomination, but if joe manchin were to vote yes, they would need daines to come back and pence to break that tie. so a lot of uncertainty right now. we ll have to wait for the key moment this afternoon when collins announces her decision and we get a sense from joe manchin on what exactly he s thinking. i assume senator manchin will make his announcement at some point today. senator flake as well. lisa murkowski, she voted no, the republican senator from alaska. gloria, you re getting more information as we assess. this is an historic moment right now, because it looks like he s going to be confirmed and become a united states supreme court justice. he s 53 years old. he ll remain in the supreme court for 30, 35 years, and we ll have an enormous impact on so many critically important issues. yeah, i m trying to get more information. i wouldn t say that i have succeeded at this point. but you know, we re trying to figure out, obviously, if people could change their votes. somebody like flake, for example. somebody like collins. and also, what strikes me is the closeness of this. and our contributor, steve vladdic, sent a note to cnn and said there has never been a tie vote broken by a vice president to confirm any federal judge, let alone a justice. and that may be what we re about to see whenever that vote takes place, if you do get some people changing. i also think it s critical that susan collins is going to announce how she s going to vote at 3:00, because what that has done right now, it appears it has bought democrats some time to go to jeff flake now and try to get jeff flake to eventually vote no. i mean, perhaps they can get him
tonight, several developing stories as we come on the air. the storm slamming the northeast now, blinding rain and wind. deadly in michigan, after whiteout conditions and a record blizzard paralyzes travel. and tonight, millions now under flood and wind alerts from philadelphia to new york city to boston. the major news tonight from general motors, cutting jobs in ohio, michigan, maryland. thousands of workers, and at least three gm cars will no longer be made. president trump tonight on the tear gas used at the border. what he now says about using it. the deadly police shooting and growing outrage. the young black man killed by officers. police mistaking him for the gunman. the real suspect tonight still on the loose. the bombshell report on climate change, from 13 u.s. agencies put out the day after thanksgiving. its warning about farming in the midwest, future floods and fires in the u.s., and tonight, the president is asked, does he believe it? cyber monday still under way as we come on. the big deals still to come. the list of what we found tonight. oprah s loss. her mother passing away on thanksgiving, and what oprah said late today about her mom. and touchdown on mars. the anxious scientists at nasa, and then the cheers. and tonight, the first image coming in now from mars. and you ll see it right here. good evening. and it is great to be back with you after the thanksgiving holiday. but it s turned into a real travel nightmare for millions, trying to get home. the same system now slamming the northeast tonight, and it s been deadly. first, the major blizzard across the plains and the great lakes. a bus spinning out, that s i-35 there in osceola, iowa. traffic at a standstill in near whiteout conditions. hundreds of flights canceled again tonight out of chicago s o hare airport. the ripple effect across the country. and right now, more than 30 million americans are now under flooding and wind alerts. cars under water. that s downtown philadelphia. flood and wind worries as far north as boston tonight. this is the storm, as it blasted its way across the country. there are major delays at all of the new york area airports tonight. and abc s gio benitez leads us off from laguardia. reporter: tonight, that powerful storm stranding holiday travelers on frozen roads and at packed airports, now drenching the busy i-95 corridor from philadelphia to new jersey to new york city. you re talking about rainfall rates over an inch an hour here. reporter: blizzard conditions grinding travel to a halt across the midwest on the busiest travel day of the year. at chicago s o hare airport, more than 2,000 flights canceled since sunday. our alex perez found danny koutlemanis still trying to get home to colorado this morning. i ve been bumped twice. i can t even rent a car. we are literally driving and cannot see anything. reporter: blizzard conditions closing most of interstate 70 in kansas. some drivers abandoning their cars. drivers stuck on route 75 in nebraska, too, and on interstate 80, high winds ripping the top off this 18-wheeler. there was record snow in rockford, illinois, where multiple vehicles, including a snow plow, caught fire. and in new york city, a driver plowing into pedestrians. it s unclear if the slick roads contributed to the accident. what a mess tonight. gio benitez joins us live from laguardia. and gio, the delays and cancellations are starting to pile up? reporter: they really are, david. taking a look at the boards right here, we are seeing so many flights either canceled or delayed. we re looking right now across this country at more than 5,000 delays, 1,500 cancellations. david? gio benitez leads us off tonight. this system is still hitting now, so, let s get the track of it tonight. meteorologist rob marciano live along the west side highway tonight. hey, rob. reporter: hi, david. this has been a powerfully stacked storm, from top to bottom in the atmosphere. now we have a secondary low kicking in along the coastline. check it out on the satellite picture. shows you how expansive this system is. now we have flood alerts that range from maryland and new jersey, along the new england coastline where winds could easily gust over 50 miles an hour tonight. there s a lot of rain on the warm side of this. eastern massachusetts seeing its wettest fall on record. more rain coming tonight. that should clear by 7:00 a.m. but notice in albany, it turns to snow. north of i-90, significant snowfall. and then lake effect snow behind this. a lot of cold air. another epic november storm, david. and winter hasn t even started yet. unfortunate reminder. rob marciano, our thanks to you, as well. we move on to other news this monday night, and the news today couldn t have come at a worse time. just weeks now until christmas, and general motors has now revealed it will lay off workers in ohio, michigan and maryland. thousands of jobs. and at least three vehicles will no longer be made. abc s eva pilgrim is in detroit tonight. reporter: tonight, major cuts at car giant gm. nearly 15,000 jobs eliminated, a whopping 15% of the company s work force. in all, five plants slated to shut down by the end of next year, including those in warren, michigan, white marsh, maryland, warren, ohio and detroit. we re going to come back hard and we re going to try to convince them that a modern plant in an area where you can get a good workforce is an asset. reporter: gm citing a shift to focus more on automation and high suv sales. the company announcing they re eliminating the low-selling chevrolet cruze, volt and impala cars from their roster. today, the president not hiding his frustration with ceo mary barra. i expressed the fact that i am not happy with what she did. that car is not selling, it s the cruze, chevy cruze, it s not selling. but hopefully she s going to come back and she s going to put something. but i told her, i m not happy about it at all. reporter: the president also asked if increased tariffs due to a trade war are to blame. no, not tariffs. that has nothing to do with tariffs. she said the car was not selling. reporter: gm acknowledges the tariffs aren t to blame for the cuts, but in june issued a stark warning that, quote, increased import tariffs could lead to a smaller gm. and tonight, say the trade policy has cost them $1.4 billion. so, let s get to eva, live in detroit tonight. and eva, while nearly 15,000 jobs are being cut, as you reported there, some of those workers will be given the chance to try to relocate to other plants? reporter: that s right, david. gm says it plans to expand operations in those well-performing areas. about 3,000 of those workers will be up for those new positions. david? eva pilgrim with us tonight. thank you, eva. the images of the tear gas used at the u.s./mexico border seen across the country and the world. thousands of migrants from that caravan have now arrived in tijuana. some of them breaking through mexican security, u.s. border patrol then firing tear gas at them. this mother and her children among those caught in the chaos. tonight, president trump was asked about the tear gas, and here s abc s chief national correspondent matt gutman from tijuana. reporter: tonight, more than 100 migrants deported after those violent clashes in the border town of tijuana. a peaceful protest turning chaotic when hundreds of central american migrants first clashed with mexican police. then, rushed the border fence. they were met by a wall of tear gas unleashed by heavily-armed u.s. agents behind those coils of wire. some of those migrants throwing the canisters right back. thick smoke sending mothers with children in diapers into a panic. today, the president denied that agents used tear gas against children. are you comfortable tear gassing children like what we saw at the border? they re not, as you know, they re not. they had to use, because they were being rushed by some very tough people. reporter: we met 16-year-old henry, covered in those bandages. and one of the things that he says is that he s not going to stop, he wants to still get into the united states, and he s not going to quit now, just because he was wounded. the clashes forced authorities to close this port of entry, one of the busiest on the planet, for nearly seven hours. thousands of people, most there legally, stranded at the border. all right, matt gutman with us live tonight from tijuana. and matt, the department of defense just announcing they re moving more troops to california, to the border there, to offer support? reporter: that s right. 300 additional troops to california, bringing the total there to 1,800. now, there is a concern of a prolonged standoff here, the migrant caravan is expected to swell to over 9,000, and it could take months, david, just to process all those asylum requests. all right, matt gutman, thank you. we re going to turn next tonight to the growing outrage. a young black man was shot and killed. police apparently confused him with the suspect. that suspect is still at large tonight. and here s abc s steve osunsami. reporter: e.j. bradford s family tonight says that he was that so-called good guy with a gun at a shooting inside this alabama mall on thanksgiving day. but because he s black, they say he was shot and killed by responding police. this is a picture of the 21-year-old in uniform. he briefly served in the army. and the officer that shot him, you didn t give my child no warning, basically. you just up and shoot, assuming because you see a gun. reporter: alabama police tonight say they re sympathetic to mr. bradford s grieving family, but stopped short of saying they re sorry. everybody out now! reporter: they admit that the real gunman, who shot two people and sent shoppers scrambling, is still at large. bradford s family believes he was trying to help save lives and say his gun was legal. it feels like someone has ripped my heart out. reporter: late this evening, the mayor came out and called for patience. the family of the victim is asking for police to release all of their body camera videos. there is a protest scheduled here tonight. david? steve osunsami. thank you, steve. there is still a major senate race to be decided, now three weeks after the midterms. voters in mississippi will head to the polls tomorrow. and tonight, the president is there, putting his support behind republican cindy hyde-smith, who has been under fire. and tonight, more of that video now surfacing during which he says if she was invited to a public hanging, quote, i would be in the front row. abc s chief national affairs correspondent tom llamas is there tonight. reporter: nooses found hanging today outside the mississippi state capitol, along with these signs. one reading, we re hanging nooses to remind people that times haven t changed. it comes as the republican candidate here, senator cindy hyde-smith, is facing criticism for appearing to embrace the state s racist past. she s seen in this facebook photo from 2014 posing in a confederate cap. her caption? mississippi history at its best. and earlier this month, joking with a supporter about public hangings. if he invited me to a public hanging, i d be on the front row. reporter: the president, campaigning with hyde-smith today, addressed her comments on his way to mississippi. she felt very badly. she certainly didn t mean that. reporter: initially, hyde-smith dismissing backlash as ridiculous. i put out a statement yesterday and that s all i m going to say about it. we stand by the statement. reporter: later, apologizing in a debate against her opponent mike espy, the democrat vying to become the state s first black senator since reconstruction. for anyone that was offended by my comments, i certainly apologize. i don t know what s in your heart, but we all know what came out of your mouth. reporter: david, many of the voters i spoke to the rally here say that senator hyde-smith has made mistakes, but her words and actions have been taken out of context. they say the democrat in this race, mike espy, has always made mistakes when it comes to his lobbying. but bottom line, they say if the president is with senator hyde-smith, then so are they. david? and we ll be watching the race tonight. tom llamas reporting in from mississippi. there was a bombshell report on climate change from 13 u.s. agencies put out the day after thanksgiving, when millions of americans were still marking the holiday. but in that report, it warns about farming in the midwest and future floods and fires in the u.s. and tonight, our jon karl asking the president, does he believe it? reporter: president trump today dismissed the report written by scientists from 13 federal agencies and released by his administration the day after thanksgiving. it s a report that warns climate change is already taking a toll. record wildfires in california, stronger hurricanes, crop failures in the midwest. the report bluntly warns of more to come, including threats to air quality and the transmission of disease , and says if steps aren t taken to limit the release of carbon into the atmosphere, the economic consequences will be devastating. a 10% loss to the economy, worse than the great recession. today, we asked the president about it. mr. president, have you read the climate report yet? i ve seen it, i ve read some of it and it s fine. reporter: they say economic impact could be devastating. i don t believe it. reporter: you don t believe it? no, no, i don t believe it. right now, we re at the cleanest we ve ever been. and that s very important to me. but if we re clean, but every other place on earth is dirty, that s not so good. jonathan karl live at the white house tonight. jon, you know many are questioning the timing of the release of this report, the day after thanksgiving. was it meant to bury it? reporter: sure it looked that reporter: it sure looked that way, releasing the report right in the middle of black friday. but if that was the intent, david, it looks like it backfired. because it was released on such a slow news day, the report dominated news coverage throughout the holiday weekend. david? jon karl, thank you. to the mueller inves investigation, and to former campaign adviser george papoos. he s spending his first night in jail. he surrendered at the federal prison in oxford, wisconsin, this morning to serve a 14-day sentence after pleading guilty to lying about his contact with russians during the campaign. and tonight, another subject of the special counsel investigation says he s now rejected a plea deal. jerome corsi, a conservative writer and associate of former trump campaign adviser roger stone, says prosecutors wanted him to plead guilty to lying to fbi agents when he was questioned about communications related to wikileaks julian assange in 2016. of course, he says he did briefly forget about an e-mail exchange with roger stone, but says he did not intentionally lie, and to confess to that, he says, would be the crime. he spoke to our pierre thomas just a short time ago. if i have to go to jail for the rest of my life, i will not tell a lie to a federal judge or anybody else. they want to send me to prison the rest of my life, so be it, have at it. but they will not get me to commit a crime. corsi telling pierre he fears law enforcement could arrest him as soon as tonight. and there is yet another breaking headline involving the mueller investigation, and this one involves paul manafort. let s go to pierre thomas. reporter: david, a significant development in the special counsel s russia investigation. the government is claiming that paul manafort is in breach of his plea deal. the special counsel s motion with the court claiming that manafort committed federal crimes by lying to the fbi and the special counsel s office on a variety of subject matters. the government claims his plea remains in tact, but they will no longer recommend a reduction in sentence. mana farther s attorney says he met with the government on numerous occasions and believes he provided truthful information. david? pierre, thank you. we turn next here this evening to touchdown on mars. there were anxious moments at nasa s jet propulsion lab today, we were watching along with them, as a spacecraft made its final approach to mars. abc s clayton sandell is in pasadena. touchdown confirmed! reporter: tonight, a touchdown worthy of an interplanetary super bowl. that s great. they got it. reporter: moments later, this image from nasa s insight mission, proving it stuck the first mars landing in six years. insight survived the seven minutes of terror, an autopilot plunge from space to ground, 12,000 miles per hour to full stop. and every step, flawless. you made it through that seven minutes of terror. yeah, i still have a few fingernails left, but they re mostly gone. reporter: mars is tough on spacecraft. more than half that try to get there fail. but now insight begins a two-year mission, for the first time, peering inside the red planet. and they ll do that using these sensors, david, that the team hopes will unlock some ancient mysteries about our solar system. david? a big day. clayton sandell, our thanks to you, as well, tonight. and there is still much more ahead on world news tonight this monday. cyber monday, the big deals still to come tonight. the list of what we found, coming up here. also, the new headline and the desperate search for that missing girl. police asking the public to take a good look at the sneakers she was wearing. we ll tell you why. also, oprah s loss. her mother passing away on thanksgiving. and what she said late today about her mom. and the young american killed by a remote tribe on an isolated island. police afraid they were about to be attacked, too, as they tried to retrieve the body. to retrieve the body. a lot more news ahead.jardiance- and now you know. jardiance is the first type 2 diabetes pill proven to both reduce the risk of cardiovascular death for adults who have type 2 diabetes and heart disease. .and lower a1c, with diet and exercise. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. isn t it time to rethink your type 2 diabetes medication? 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reporter: tomorrow is a good day. we re on. let s do it. when we come back here tonight, we do have more news coming in on that missing girl taken from in front of her home before school. and oprah s loss. what she said today about the passing of her mother over thanksgiving. sometimes bipolar i disorder can really get you going. but mania, such as unusual changes in your mood, activity or energy levels, can leave you on shaky ground. help take control by asking your healthcare provider about vraylar. vraylar treats acute mania of bipolar i disorder. vraylar significantly reduces overall manic symptoms,. and was proven in adults with mixed episodes who have both mania and depression. vraylar should not be used in elderly patients with dementia, due to increased risk of death or stroke. call your doctor about fever, stiff muscles, or confusion, which may mean a life-threatening reaction or uncontrollable muscle movements, which may be permanent. side effects may not appear for several weeks. high cholesterol and weight gain; high blood sugar, which can lead to coma or death decreased white blood cells, which can be fatal; dizziness upon standing; falls; seizures; impaired judgement; heat sensitivity; and trouble swallowing may occur. you re more than just your bipolar i. ask about vraylar. coaching means making tough choices. jim! you re in! but when you have high blood pressure and need cold medicine that works fast, the choice is simple. coricidin hbp is the #1 brand that gives powerful cold symptom relief without raising your blood pressure. coricidin hbp. they work togetherf doing important stuff. the hitch? 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joke. he threatens and backs off and then i will re-evaluate in two woks. like iran. absolutely. and remember this is something that s very centered of why he thinks he got elected and why he thinks he can get re-elected. what is though, the words? he hasn t actually done anything. immigration is worse. no question. but it s better the words. and he has to convince the people who voted for him last time to do so again even though he s not delivered on his that wraps up the hour for me. deadline: white house with promises of immigration. nicolle wallace starts right you re right, the problem has now. only grown worse. hi, everyone, it s 4:00 in and there s a healthy debate whether on asylum things need to new york. there is a stench. those are the powerful words be changed. written to describe the there could be performance humanitarian crisis at the necessary but there shouldn t be border. now resulting in the suffering a debate about the conditions these children have experienced of children and infants as the president and his administration in eliminathese shelters in tex concoct a toxic brew of 7-year-olds taking care of 4 political opportunism and months old they never met with operational incompetence. blockbuster reporting from soiled diapers or mucous all multiple news organizations over their shirt. drawing our attention to the you don t have to be a parent or tragedy unfurling on u.s. soil an american, just citizen of at the direction of the trump this world to be horrified by administration. those conditions. it s going to be a difficult we ll start with reporting in case for this white house to make that is an effective tactic the new york times, quote, a chaotic scene of sickness and in their fight. jeremy bash, i have a filth is unfolding in an 7-year-old. overcrowded border station in but you don t have to be a clint, texas, where hundreds of young people who have recently 7-year-old to experience waves the nausea to hear that. crossed the border are being where are the democrats? held. that s according to lawyers who visited the facility this week. why aren t there hearings some of the children have been there for nearly a month, yesterday about the conditions children as young as 7 and 8. at the border? i don t know, nicolle. many wearing clothes caked with that s a great question. one of the things the committee snot and tears are caring with chairs should be demanding from infants they just met, the dhs today is a list of every lawyer said. toddlers without diapers are location where there are relieving themselves in their children under the age of 18 who pants. teenaged mothers are wearing are being held without other clothes stained with breast family members or guardian or milk. parent. it s one of those things that that list should be easy to even for this white house is so produce. they should immediately produce horrific, there won t be any it to congress and congress political debate over this one, should send congressional staff, right? even a republican said so. professional staff investigators to those sites. i have been in that state. and i believe as justice i have been down there throughout my 15 years of brandeis said or wrote, sunlight congress and before that as a federal prosecutor. is the best disinfectant. this is the worst i ve ever seen the way to end this horrific it and it has to be taken care of. practice is shine the light on t. bring the shining light of congressional oversight into today final wlily we re lear these locations, let the media understand what s happening. the government is removing most obviously protect the privacy of of the children housed in that the children. and i think the problem will texas facility but the trump take care of itself because the administration sounds light on conscience of america will not urgency and heavy on abide about horror. fingerpointing. here s a lawyer from the justice and, julia, i m confused at a department defending those conditions we just described policy level. last week. i think it was almost exactly a it s within everybody s year ago that propublica common understanding that if you don t have a toothbrush, if you released a tape of babies don t have soap, if you don t have a blanket, it s not safe wailing. i guess i don t feel bamboozled and sanitary. because i don t have that high wouldn t everybody agree with of an expectation of the trump administration but they did try that? do you agree with that? to put out a cover story that they were done with the well, i think it s i think separation of families. under what policy is this even those are there s fair reason happening? let me explain this, when we to find that those things may be talk about separation of families, they re talking about part of separating a biological parent or legal guardian from a child. not may be, are a part. that did systematically end with an executive order from the when you say maybe, there s president. when they were doing that on a circumstances where a person doesn t need to have a large scale to every parent who toothbrush, toothpaste and soap crossed illegally and simply for days? well, i think in cdp custody committed a misdemeanor, not a felony. that did end. what we are seeing now, yes, it s frequently intended to be there have been some much shorter term. it may be for a are the separations. we re still trying to get on shorter-term stay in cpd custody what those particular details some of those things may not be were but they dropped. required. when is a toothbrush not 700 over six months compared to 2800 in two months. required? the president has managed to really down the levels before blame democrats, of course. the policy was enacted. where is the money? you know what, the democrats are the people being separated now, holding up the humanitarian aid. nicolle, are children who come if they changed asylum and if with a grandparent or maybe an they changed loopholes, adult sibling. a lot of children come thinking everything on the border would they re with their family and be perfect. this is how they will come into humanitarian crisis at the the united states with the border and the delay of those person who loves and cares for i.c.e. raids for immigrant them. under u.s. law and it s not families that donald trump trump administration policy, telegraphed in a tweet last week are where we start today. just our law, those are not considered families so those children actually have to be julia ainsley is a correspondent sent to health and human services and go through a long covering both the department of process where that agency decides who they will be sent homeland security and justice for nbc news. jeremy bash is former chief of to, who mwill sponsor them. staff of both the cia and it could end up being that same defense department. heather mcdpee is the senior relative down the road but they have to go through this very sa fellow at geemio and white house cue tis process and people at dhs wanted congress to look at reporter for the associated press jonathan lemire is here. that law because it would make the situation easier. jeremy bash, i worked for praise. if i worked for a president and unaccompanied children are the he was going to visit a country hardest demographic they care for because they re so where babies were being held in vulnerable and because they re not set up to care for them. these conditions let me read this to you from the new another thing i want to add, nicolle, we now know these yorker. the conditions the lawyers found children are leaving this terrible facility in clint but were shocking. flu and lice outbreaks, children they re moving to a soft sided facility, meaning tents like filthy sleeping on cold floors taking care of one another where we saw a lot of the because of lack of attention children who were separated last from guards. some had been in the facility summer, and it s not clear they will necessarily have better for weeks. conditions. they re still under the control i worked for a president. of border patrol and it s not clear how quickly they will get if you wanted go on a trip doing out but at least the government those things or the early things did take some action on this one i described, babies taking care particular place today. of babies, i would strongly like we said, there could be counsel him not to go to that others. this is the one place where these lawyers came but there are country. how are world leaders meeting other places across the border that could look just as bleak. with an american president i guess, heather, you want to take julia s word for it, they brutalizing asylum seekers? we would probably go one step move them somewhere better. you want to believe someone if further, bring them from the they say, this is an isolated united nations, decry human incident. but i think when you re a parent, you recognize patterns. tragedy. there s a pattern of brutalizing nicolle, this is one of the moments we have to stop and say and mistreating the youngest, when the history is written most innocent people who come to this country, children, infants, there will be a section of clint, texas, and treatment of and they re now dyeing on our watch. so i hear you on things we can children by our country. as you remember from your days in the bush administration when do to support them but there are then-senator john mccain wanted ban sleep deprivation as an interrogation technique for harden candidate cad criminals things we are doing that we need to protect them from our own government. al qaeda criminals he basically says i find it cruel we talk about trarnz patranspar. and inhuman and degrading. this seems like we need a dmigs yet somehow we re engaging in sleep deprivation for children after 9/11 and after the mueller when it s been outlawed for election, shouldn t we figure hardened al qaeda criminals. those are people doing hard time out why we re killing babies? i can t understand why this is something a, congress should or using it on little children who can t even tell time. absolutely be more than it s that s an unbelievable point been doing. i share the recommendations to make. about what should happen but i one that stopped me in my don t share the optimism. i think that we have seen and tracks. jeremy, let me just follow up with you. the only reason we know about heard these stories now for what happened in clint is exactly about a year. because lawyers went into to and things haven t changed. inspect the site. the evil has mutated and how do we know there are not other children in harm s way? migrated into different ways of i think congress needs to get dehumanizing children and families who are coming to this on its front legs here and country for the exact same reason that millions of people have come to this country, to aggressively investigate the seek out refuge from persecution detention of these separated and to try to build a life for families, the detention of these their families. children. so i don t have any optimism we have a short-term crisis, that all of this media attention which is these children need care immediately. not in days or weeks or two-week is going to change the way the deadline, but like tonight or cbp treats children and asylum tomorrow morning. and then, of course, the seekers. we have had tine being set from medium-term issue which i know we re going discuss, which is the top that is dehumanizing. we have i.c.e. having been recruited for some time now over how to mandell thandle the asyl the past decade to really be an internal deportation source. on the border. the idea these raids this but the children who live there today and tonight should have weekend were family raids not have to shoulder the targeting parents with children administration s policies that have created the situation. who love to do nothing more than heather, i m struck i stand in line and become citizens is just heartbreaking. worked in a white house that was unpopular for a million different reasons, but i did not julia, thank you for your extraordinary reporting on all encounter people who didn t have fronts. sort of the check on their own come back if you learn anything in the next hour. i will stay on this. humanitarian of i m a parent. when we come back, is donald i imagine what it would be like trump turning into the boy who cries wolf about nuclear to be a parent. having zombies carry out these threats? the trouble with playing a policies. sibber rattler one minute and who are these people? who s the person who aergs in peacemaker the next on tv and what the world makes of the court they don t need toothbrushes, they weren t president s latest policy swerve supposed to be there for long. on iran today. also ahead, oppo damage how long is too long to have a toothbrush? i think it s a very good culled by team trump about their question to ask who are these closest political allies. people? these are the visionists of thanks to axios, we have the miller whose own uncle said if reporter with the scoop and dirt these he been the policies in coming un. and two top democrats work place when your ancestors had to to right the ship from days flee anti-semitic violence in long crises. eastern europe, would you not will they be on the offense in exist. you have donald trump himself time for debate night? all of those stories next. who has absolutely led us to er da. vo: epclusa treats all main types of chronic hep c. this place by first saying that people who are coming to this vo: whatever your type, country, aspiring citizens, are ask your doctor if epclusa is your kind of cure. not human, that they re animals, woman 2: i had the common type. that their rapists and gang man 2: mine was rare. members and criminals. vo: epclusa has a 98% overall cure rate. basically they re the enemy and we should be on war footing against our neighbors to the man 3: i just found out about my hepatitis c. south. we re coming to try to live out woman 3: i knew for years. the american dream. you start there with the vo: epclusa is only one pill, once a day, taken with dehumanization and that s how you get to children in cages, or without food for 12 weeks. children catching the flu under vo: before starting epclusa, your doctor will test our watch and dyeing as has if you have had hepatitis b, which may flare up, happened. it s heartbreaking. and could cause serious liver problems during it is infuriating. but i do want to say it s and after treatment. important for us to not feel vo: tell your doctor if you have had hepatitis b, hopeless. i think so many of us that are other liver or kidney problems, parents look at this and say hiv, or other medical conditions. what can we do? you can donate to organizations vo: .and all medicines you take, including herbal supplements. that are working. vo: taking amiodarone with epclusa may cause a serious slowing of your heart rate. we re fifxing this because w vo: common side effects include headache and tiredness. want to hear everything last thing you say, heather. vo: ask your doctor today, if epclusa is your kind of cure. we re working to give donations at the border for kids in need of defense and families belong together. we should not feel hopeless. why do we have to protect people from ourselves? why do we have to protect children from the u.s. government? the biggest thing we can do is put pressure on congress and get this administration, which has absolutely signaled how it feels about people who are coming from latin america and central america, they expressed how they feel about them. they think they re animals and there s an invasion and talking about children and women and still nervous about buying uh-oh, la new house.meone s asylum seekers and this is only is it that obvious? the beginning. we re entering a time in global yes it is. you know, maybe you d worry less if you got geico to help with history where there are more your homeowners insurance. refugees now across the globe than there have been at any i didn t know geico could helps with homeowners insurance. yep, they ve been doing it for years. point in our history and it will only get worse because of climate change and something, what are you doing? quite frankly, america holds a lot of responsibility for. big steve? so we need to change the thanks, man. paradigm to recommend humanity of people seeking help. there he is. get to know geico and see how much you could save on julia ainsley, is this the homeowners and renters insurance. out and about policy of the justice department, are they pointed to the results as the intended consequences or are these mess-ups in the eyes of doj. it s interesting there are finger pointing behind the scenes at doj. maybe we don t need a toothbrush or soap or place to sleep for children to feel like they re in safe and sanitary conditions. dhs is falling back saying wait, maybe she went a little too far. but in reality they are not providing a lot of this. so when the president makes the argument it s the democrats fault because they re not getting funding, he s conflating two issues. one is a funding issue for more space. we had number three weeks ago said that this problem is starting to happen. now we have the stories of the reality. there was so much overcrowding and back log, we knew these children were not being cared for. but now we have the story, we realize it s not a funding issue, it s a management issue. it doesn t take an act of congress, it doesn t make an emergency spending bill in order to provide care and a toothbrush for children. julia, i want to ask you to take me through the reporting over the weekend. dhs reporting that those i.c.e. raids that the president tweeted about and telegraphed were called off because of media leaks. who is the leaker, if not the president? that is a great question, who is the leaker if not the president? i know in the past i and other reported got dinged on reporting after a weekend of misdirection and conflicting stories about donald trump s on about i.c.e. information before they happened. good/off again strike against we re told that sensitive and you will put agents in danger iran, including the revelation for pemt who know they re that fox news host tucker coming. the president himself went out and started bragging about this carlson has emerged as one of the president s most influential information. so we knew it was coming. military advisers, donald trump we knew it would be over the weekend or just before the today announcing sanctions weekend. against iran, a nation we re on we got lace of the cities that would be targeted. the brink of striking just last and those police started to say week before trump abruptly we will not be able to cooperate pulled back. with i.c.e. enforcement policies the problem for the trump like you want us to. we re here to ensure public administration may turn out to safety but we re not going above be an emboldened iran. and beyond to hand over these still threatening over the weekend to shoot down more u.s. people because frankly they re surveillance drones if they upset they won t be able to cooperate with local law violate iranian air space. enforcement like they depend on. all of it contributing to a big the cops depend on the immigrant communities in a lot of these policy hangover for the world watching. cities and towns. and when added to the other then we started to move further recent dramatic about-faces from and all of a sudden they called the president on tariffs for it off and said it was a leak mexico and the i.c.e. raids planned for this weekend that we were just discussing, the problem and they would do a leak biggest hit taken over the last investigation. you don t have to dig very far week may have been to the to see where this information president s credibility. was coming from. the washington post writes and another reason they called this quote, three policy it off, there are a few others, turnarounds by president trump one is that this acting this month have underscored his secretary kevin mcalien and behind closed doors had some problems with it. free we ll and governing style and approach some experts warn also they just didn t have the capacity. if you look at the overcrowding sends mixed messages and put issues at customs and border u.s. national security at risk. joining our table, time protection it s because there s overcrowding throughout. magazine editor rec stengel plus there s overcrowding at i.c.e. charlie sykes, editor and chief and health and human services. at the bull wart. can you imagine we have to put both lucky for us msnbc 200,000 people in detention contributors. rick? before you deport them. i m never against it when the logistics didn t add up on somebody changes their minds to do something i am for, ie, not this. before these logistics, these bombing iran. i think he made the right are people living here and decision. freewheeling is a generous children in things like camp description. he s fickle. instead of school. he has no core convictions so it s more a logistical problem. it s a philosophical and policy he s not predictable. problem. it seems to me, jonathan lemire, remember when he was running he to represent the crisis there said i don t want to be was a purge at dhs, right? predictable. i m not telling you what i m doing. let me tell you, governing makes and we didn t think we d miss people predictable and people any of those folks but it trust states and states trust appeared part of what they them. who leaked the front page story walked out on was the sort of in the new york times and the washington post about we decided not to bomb iran but stephen miller conceived perthes we re using cyber warfare of innocent asylum speakers. i know the ap has a lot of against them? that s telegraphing something reporting and the washington that shouldn t be on the front post says the acting secretary page of the newspaper and donald trump is behind that. warren said it s is dis-crimm tucker carlson as a not operations to arrest people heavyweight military adviser, at work sites risks separating this from the times story about that. and trump heard from his are parents from children at day generals and diplomats, care. lawmakers weighed in and so did he also maintains i.c.e. should not devote major resources to advisers. but among the voices that rang powerfully for president trump carry out a mass interior sweep is that of one of his favorite fox news hosts, tucker carlton. by telling lawmakers it needs emergency funding to address the while national security advisers crisis at the border. were urging a military strike, mcalien said the crisis at the carlton in recent days told border where more than 144,000 trump responding to iran s were taken into custody last month remain the most urgent problem. they have a problem here at the provocations was crazy. what could possibly go wrong? border, and it says i will round up people living in communities let s cut out the middle man and with babies in summer school? make carlton the secretary of what should expect another defense. purge because h become a washin jno joking. here s the problem with the president, if you re going to engage in bluster and bluffing, it only works as long as people have not figured out the formula. you talk big but carry a small stick. it s not just iran but north korea, it s also china and russia, who are trying to figure out how seriously should we take this president? richard knows this better than anybody at the table, the way you get into a war is by miss calculating, by blundering, by having people miscalculate how you re going to respond and at the moment literally no one know what s donald trump is going to do. i agree with you, that term freewe lling is very much a euphemism. donald trump doesn t know what he will do. exactly. someone who is erratic and policy by whim is really a scary scenario, even though i agree, i m glad we re not actually bombing, but when in fact we have the fate of the world turning on the whims of somebody as erratic as donald trump listening to talk show hosts, as a former talk show host, i don t mean that in disrespect, it s a risky proposition. so both on air and private phone calls tucker carlson advised against the strike. sean hannity was for military action. in this case the 8:00 fox news beat the 9:00 hour. but tucker s not the only voice here. as much as john bolton was advocating for strikes and secretary of state pompeo less enthusiastic. generals in the pentagon were very much opposed to this. we can give you the levels of reporting and targets and you can knock them out but what s next down the road? mind you we don t have a permane permane permanent secretary of defense. and trump made a new nomination. but other high-ranking people at the pentagon said to take a break. and the president is not proud of his decision. telling people privately and his adviser felt like this was good brinks manship, he got to the right decision by pulling back but the question is the credibility issue. we ve seen it with north korea. we are seeing it depend with iran. it s not just our adversaries but also our allies around the globe, how can they count on the united states of being a rational figure. there s no question tensions are mounting in iran and there could be something cataclysmic that does happen and our allies feel like they can t trust washington. charlie, let me bring you into this conversation. charlie got close to this and jonathan did too. what did we think was going to happen, right? so we know he doesn t read from his friends. we know that he doesn t get briefed from the intel community. we know that he has nothing but disdain for the intelligence community assessments on iran, on north korea, on russia, on parts of the world where he disagrees. i guess i come at this from the other end, what did people think was going to happen when we had a crisis of an american a adversary? we can t give all of them the key to our elections. what did we think would happen for iran? according to the president it was ten minutes before the strike was to occur that he learned about the casualty number. which is manifestly false. in every briefing i have been vonked with in which military options were presented to a principal or president, the casualty number is there right in the front smack middle of slide one. basically what the president is saying the military lied to me. he s accusing the military chain of command of misleading him, not telling him until ten minutes before the strike about the casualty numbers. i happen to believe the military chain of command over the president. i think he s really shattered his credibility with our military chain of command, which requires clarity and which requires judgment and credibility. obviously in the region in tehran and elsewhere they re looking at this saying this is of course false. of course the president wasn t focused on casualty numbers. he just blanked. he wimped out. so the public is scoring it iran 1, america nothing. if everybody saying thank god we averted war, we re on the brink of military conflict because bolton and iran will potentially shoot down another aircraft surveillance tonight or tomorrow and the next day and then what do we do? how do we back away from that brink? that is the crisis this administration created and there s no answer for. heather, just really quick, i want to bring you in on this idea. i think some of what muted the condemnation of trump s conduct last week is a lot of liberals were happy that he ended up not doing something that cost iranians their lives. as somebody who worked for a very unpopular republican and most watching this show probably thought were too eager to engage in military operations, sometimes you end up saving more lives in the wrong run at least as jeremy said doing what you say you re going to do. it is entirely possible in the end more lives are at risk that donald trump didn t at least fulfill his own bluster, fulfill his own bluff. i think lives are at risk because of something he did early on in his presidency, walk away from a deal that took ten years to get to and was as good as we were going to get. this was not somebody sitting there with better policy in his back pocket. he just wanted to destroy the obama legacy and say it s my way or the highway. that s exactly the step that led us to where we are right now. i don t know what his end game is. you look at reporting and say do the people in iran feel like they re already at war, right. the sanctions are tightening and tightening in order to what, have them come back to the table for an agreement that would be make different from what we just walked away from? i wouldn t come back to the table to the an administration that had just torn up a deal we worked a decade on. there is no end game. i think people are just hoping and praying obviously people like senator udall in the senate are trying to make sure that congress has a role here. but i think we re in very dangerous territory. it goes back to the decision to walk out of the deal. just to piggy back on jeremy s point, we know the president was briefed on casualty estimates hours earlier, when the strike was presented as a number of options coundergo. he then near the end when it was time to give a decision yes or no asked again and was told that number. that s not uncommon for a president to double-check. even more uncommon is forget the casualty number. it s usually seared in a president s mind. i would argue more uncommon to take that and play it for for drama on twitter and his interviews, which i think this really was, the president the star of his own movie saying i made a decision and spared these lives. and it s dangerous he creates crises in order to create drama and he figures he could always pull back from the brink. he wants to be the arsonist and also the firefighter. if at some point he gets that wrong, what could possibly go wrong? that is dangerous and yet another moment he shows his lack of credibility and america s word cannot be trusted on a world stage to stay in a deal like the iran deal and conduct of the commander in chief. and we don t have foreign policy, narcissism is the foreign policy. that s what it looks like. jeremy, i have a question for you because this bothered me all weekend. to be a fly on the wall in the strategy meeting for the iranians, what do they think? oh, we must get to tucker carlson? this is no joke. what do the iranis make of him? two things. number one they say look, the president is only 18 months away from an election he may lose and since this president undid the deal the last president, why should we do a deal with this president? there s no reason. so undoing a prior president s deal has its own obstacles. and second i think they think president trump is deep down honestly, i think they think he s a wimp. i think they think he has no nerve. i think they think he s all bluster and that emboldens them. they ve been attacking commercial shipping. they ve been attacking civilian infrastructure in saudi arabia. they ve been shooting at our drones. three times they hit one over yemen, missed one over a tanker and now hit one in international airspace. this wasn t an accident. he think the president has no nerve and they will be emboldened. jeremy, a wimp with a small stick. you might get tweeted today. when we come back, a rare glimpse on the dirty laundry of donald trump s closest associates. a big scoop from our friends at oexo o axios is next. o axios is next. so chantix can help you quit slow turkey.rkey. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting so when the day arrives, you ll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life-threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you ve had mental health problems. the most common side effect is nausea. talk to your doctor about chantix. [ laughter throughout ] it s funny what happens when people get together. we re there. so you can be too. holiday inn. holiday inn express. and just to be clear, the suggested questions that the vetters wanted you to be asked by the president or grand prince. do you believe your previous position at the u.s. attorney that processed your relationship with the kushners to a point you and jared kushner could not coexist in the trump administration? do you believe your rumor as head of the transition team was orchestrated by jared kushner? yes, i do. and the reason i do is because that s what steve bannon told me. by the way, the interesting part of this, which shows you how disorganized they were, was they had an entire vice presidential vetting on me, had all of my tax returns, had all of the stuff from u.s. attorney years and my years as governor, that what makes it even funnier they would go through this. at least he s laughing, that was chris christie asked to read from his own vetting file, part of brand-new reporting from axios, massive leak of more than 100 internal transition-era vetting documents known inside campaigns as open po revealing t the president-elect s team knew and were thinking about top jobs including their vulnerabilities. remember scott pruitt, he was fired thanks to a wave of ethical abuses and close ties to lobbyists. a section in his vetting form was titled allegations of coziness of big energy companies. similar story of former hhs secretary tom price, fired for wasting hundreds of thousands of dollars on chartered flights. a section in his dossier, criticisms of management ability and dysfunction and division haunting the leadership of his house budget committee. the list goes on and on and on. mick mulvaney, rex tillerson and several others. the transition team was so worried about rudy giuliani that they compiled a separate 25-page document called rudy giuliani business ties research das dossier. let s bring in the reporter with the scoop, jonathan swan, national political reporter of axios and hbo fame. take me through what we haven t mentioned yet. and that s a great clip of you and christie. well, i ll pick a few at random. general david petraeus. a red flag for general david petraeus, who was under consideration for secretary of state national skusecurity advi. this was in the red flag section, direct quote, petraeus is opposed to torture. let s go through laura ingraham, fox news ne this is my favorite. she was in serious consideration for white house press secretary. direct quote in one of her red flags, ingraham said people should wear diapers instead of sharing bathrooms with transgender people. one heading in the document about kris kobach. he was in serious consideration for homeland security secretary. it listed, quote, white supremacy as one of his vulnerabilities. it cited accusations from past political opponents that he had ties to white supremacist groups. and there was also some of the contenders were as we said strikingly swampy, even by the rnc vetters standards. sunny purdue, trump s pick for agriculture secretary noted that he was the owner of houston fertilizer and grain, a company that s received contracts from the department of agriculture. the list goes on but, you know, it was really striking. what was also striking is just how many of these people that took top jobs that at the very top of their documents they had said the harshest things about donald trump a character and they still picked them for top jobs. it s quite extraordinary. what s your big takeaway? one, sort of the caliber of the people that went to work for donald trump are not remotely close to the caliber of people that worked for bill clinton, that worked for george whatever you think of those presidencies, these are not the kinds of people that typically land an executive branch of government job, these are actually not even the kinds of people that can get internships on capitol hill, frankly. what is sort of the what s your sense of where balls were dropped, is it the chaos? was it indifference? was it he was swampy too? he was white supremacist too? what got these people through? tend of the day kris kobach, white supremacy flag, ended up with a big job. laura ingraham one of the president s closest allies in conservative media, other than chris christie, who had his history with jared kushner, just about everybody else landed top jobs. so there s a couple of things. but the first thing to know is they actually had a pretty normal transition until the election. chris christie was charged with running it. they had, as he said, 30 volumes and names for each cabinet position. they then fired chrissity the week after so they effectively start from scratch. they didn t like the names he put forward, and i have talked to people who ran the george w. bush transition, i spoke to clay johnson and chris lieu, who was seen during the obama transition, it s just not enough time from the second week of november to the inauguration to staff an entire administration, particularly in those top jobs. you had this enormous task of vetting, which was outsourced to a group of about two dozen by all accounts very smart but all of them were in their 20s with maybe a couple of exceptions at the rnc and they were just speeding through lexus, next sis and google in a real hurry. so that s the process. and i will give you one example, they vetted andrew pozner for labor secretary, they actually vetted him but didn t do a proper vet in the sense they missed there were local news stories he was alleged to have domestic violence against his wife. he had to withdraw the day before the confirmation hearings. so it was not enough time. it was rushed. it was frenzied. it was a group of people who were not fit for the task, and that s what you get. and the results are really clear. a lot of these people are not in these jobs anymore. donald trump has confirmed fewer people in top roles in the administration than any of the previous four presidents. his withdrawal rate is the worst ratio of any of the four previous presidents. there s heaard stats on this an it s very clear why it all happened. something that struck me, the white house responded and said trump s done more to improve the lives of people than swampy people or something like that, call them cowardly leaks. of all of the things you say about trump, he doesn t care this week, another woman, another credible accusation of sexual assault. he doesn t care he looks like jeremy bash called him a wimp and charlie sykes said he carries a small stick. he doesn t carry, so proud of his performance on iran, he doesn t care that i think 70% of the public thinks russia was involved in our election. he doesn t care. he cares, the size of his hands, the length of his hair and quality of the ceo, this is stuff that gets right at his brand. the truth is he does not have the best people. he has about the worst people ever assembled in government. i mean, it would appear from your reporting about the vetting that some of the worst baggage the question it would appear their response signals some sense of peevishness, that they care about having good people. there s a lot my point is he doesn t care about much because nothing hurts him politically. but having good people, i mean, it s obvious from the way he talks about attracting the best people, attracting ceos. he likes to bring cameras in when there are people around him. look, he s much happier with the people he has around him now. but you had two big problems, had you people who had lethal ethical problem like scott pruitt, ryan zinke, tom price. you also had people diametrically opposed to him fill philosophically, rex tillerson. he liked watt way he look and sounded and picked him. for the most important job, secretary of state. you re the representative of the world and you pick someone who fundamentally disagreed with him on policy. james mattis at defense, by all accounts respected in washington but the role he picked from donald trump, diametrically opposed in terms of philosophy and policy. this is again because it was all rushed and done with great haste. more awesome reporting and another great hbo episode, jonathan swan. thank you for spending time with us. when we come back, the democrats getting ready for the debates as two candidates are working to regain momentum after big setbacks. be right back. with moderate to severe crohn s disease, i was there, just not always where i needed to be. is she alright? 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i do fully understand. that s not what i said, though. they didn t print the whole deal. the context was totally differe different. we are joined from south carolina, take us through the crises. reporter: well, for buttigieg, he s done about as much as he can do to deal with this in south bend. he was off the trail. although, he did come to south carolina to give a speech to the south carolina democratic party and go back for that town hall you watched yesterday or rather last night, i suppose, for him, i think this crisis is a little bit more real. when your resume is as short as buttigieg s is, everything needs to sparkle. obviously, this is an incredibly divisive moment. it s not so much that there is anything he could have done in the immediate past to have handled it so much better. no matter where you live in the country, you certainly have a mayor and a police department. so this is the kind of thing i think voters who are getting to know him can touch and feel and understand in a much more direct way. as for biden, i was standing just off stage watching that interview with he and the reverend al sharpton, i think he cleaned up about what half his problem was. he gave a much more easy to understand answer about this idea of having to work with segregationalists in the senate. he said, you got to work with the people in front of me. they were racists. we had to get things done. we beat them. that s what we did. that s a clean answer. any time you talk about the media taking you out of context or explain that concept of whether or not he was a boy or a son in the eyes of these segregationalist senators. the rev walked him up to the idea of apologizing, went back to the question several times, biden didn t want to take it. again, we re talking about this now for another week. somebody on that panel tell me something else joe bind has done to focus on the future instead of on this, there is not much there. i will give that assignment to you, heather. i think we ve got two candidates here that are paying now for things that have happened in the past. it s not just about these flubs. right. in the case of mayor pete buttigieg, it s about a long history with the black community in south bend. it s about a case where a black police chief recorded white officers doing and saying something racist and the person who got fired was a black police chief. right. that s the context that he is bringing into this latest police shooting in south bend. on the biden side. let me stick with this. how is he doing? that is universal. what he was hit with is i don t know how to raise my sons to not be afraid of your police force. i mean, if he thinks that that s not, if any of these candidates think that that is not going to be a central issue in the democratic primary. they re mistaken. so he s got to be able to show he s done more than he has. i don t think, frankly, he s like a wonderful politician and a very thoughtful guy. but going and listening in a town hall and saying, i m going to do better in the future, he had a chance before he ever ran for president to make that right with that black police chief and the racist things caught on tape, that s pretty much as much of an example you get to have as a mayor to say where you stand on race and racism in the police force. biden. and on biden, you know, this is about for many of us, we re looking at what s his record going to be? it s not about he only looks to the past. we want to hear he is changed from the anti-bussing biden. from the guy who was basically a clintonite in terms of trying to triangulate on race and say we need to be with these white moderates who are worried about integration. that s not where we are right now. i m so sad to be out of time. all right, you guys will have to come back. garrett, thank you for spending time with us. we have to sneak in a break. we ll be right back. me with us we have to sneak in a break. we ll be right back. ay done thrh every season. behr semi-transparent stain, overall #1 rated. stay done for years to come. find it exclusively at the home depot. when didwhen i needed ton? 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(laughter) here s some news you can use, the first democratic debates start right here on msnbc on wednesday and thursday nice. thanks to my guests, and to all of you for watching, that does it for our hour, i m nicole wallace.