helpful instead of violating? a rhetorical question. we just don't have the time tonight. that's it for us tonight. good night. david: showdown over funding for the border wall. but the house has adjourned and it isn't coming into session until wednesday. that's two days before a shutdown could happen. that would mean the earliest they could put the border funding bill on the floor would be 4 tight hours before the shutdown. migrants are crossing parts of the border largely unimpede. this is happening in arizona where the barriers for crossing

are nothing more than a concrete roadblock and railroad ties. the federal judge will be handing down the sentencing for president trump's national security advisor general michael flynn is ordering michael mule tore turn over the documents surrounding flynn's questioning. this following flynn's allegations the fbi pushed him not to have an attorney present when he was being questioned. "trish regan primetime" begins right now. good evening. i'm david asman in for trish regan. president trump reviving his promise that mexico will pay for the border wall as the clock continues to particular down. quote i often stated one way or

another mexico is going to pay for the wall. this has never changed. our new deal with mexico and canada, is so much better than the old, the money we save is paying for the wall. president trump: they always supported fences and wallsage partitions. -- walls and partitions. but they only don't want to do it because of me. david: the clock is particularring with a shutdown just over a week away. joining me, congress plan lee zeldin. the clock is ticking but you and your colleagues are out of town for five days. >> i don't want to say congress works well on deadlines.

but congress works better on deadlines. i don't expect resolution between now and the middle of the next week. but once we get into that 48-hour window there will be is a deal to be had. i'm hoping when we return next wednesday there is a deal to keep the government funded, open and taking care of border security. dave around said the house and the senate. you have got to get the house together. are you convinced some republicans reluctant to pass a spending bill with a lot of pork tonight will go along to show their support for the president? >> back in september the house passed and it became law a funding package that included a lot of money into the billion the for borders. now when you start counting votes, the membership is there now. i can't speak for the beginning of january when the democrats

take control of the house. but the support there is now. we have to make sure everyone shows up. there are some members who retired. others who lost their election. everyone needs to get to d.c. to make sure we have the votes. as long as everyone is there we definitely can pass it. david: can paul ryan cobble together something special that includes the $5 billion wall in there? >> absolutely. there is no doubt the votes are there to pass this. as long as we get all of our members to d.c. to get it done. this is a negotiation. the house won't be able to do it by ourselves. so with president trump meeting this week with senator schumer and nancy pelosi. that's an important piece of this. you don't have 60 lup cans in the senate. even if we are able to get 218

votes in the house, we need something that will be passed in the senate as well. that's where senator mcconnell and schumer come in. david: how is it conceivable that schumer-pelosi, even if they were humiliated by what the president was saying in that meeting, how could they come together and convince their senate colleagues to vote for something that would include the border wall? >> to the clip you played. president trump is correct you have more members of the house and senate who supported border security in the past. but there is a long history of these representatives in the house and senate supporting this in the past. border security is not just about the people who will cross

illegally. but for any senator out there on the against. a democratic senator who cares about the opioid abuse, and drug trafficking and sex trafficking. if you want to combat gaining violence. if you want to protect our border's international security you have to vote yes. david: there aren't a lot of folks like joe manchin on the senate, are there? >> there is only one joe manchin in the senate for sure. he's a candidate who would be more likely to do the right thing on this issue. you sure would hope. but border security is if you want to win in 2020. if senator schumer wants to become the majority leader, even if they are making a political decision for themselves, they

should understand the american public want this done. this is a win for the united states of america. that's why they should do it. many of them represent red states donald trump won. david: senator schumer himself said it should be done when the democrats were in control of congress. during that meeting in the oval office, the democrats did not couple with one reason why you should not spend $5 billion or two years for a border wall. there was not one clear explanation as to why it was a bad idea. >> you are absolutely right. the point they are willing to put a number out there that they will agree to, they are understanding there is a vulnerability with our border that need to be addressed. now we are talking about jockeying and politics and trying to prevent the president from getting a win.

but their position isn't zero. they are acknowledging finally that there need to be an investment. now we are talking about dollars. their main problem with $5 billion is because that's what the administration says we need. and they don't want to give president trump the victory. david: thank you for being here. down at our southern border there are large numbers much migrants crossing by simply wading through the knee-deep colorado river along arizona's border and walk into our country. on the thing stopping them is a little barbed wire and concrete barriers similar you see on highways. 15,000 unaccompanied migrant children who illegally crossed the border are being housed at government shelters. brandon, this comes as we are learning some 1,700u.s. troops

are being isn't home from the border. how is that going to affect the situation? >> what we are looking at is the support they gave us for the time they did give us, it aloud us to use our resources and build the infrastructure we needed at that particular time. so we are in a much better place as we start to send the troops home. but if we do not get the physical barriers in the places we need it, we'll continue to discuss this problem until the cows come home. we have the opportunity right now to fiction this issue once and for all. and i'm betting on president trump. >> democrats will use children for political purposes unless it goes against their purposes. the fact is they are 14,700 kids who came in unaccompanied by an adult whether it was their parents or somebody else who are now in shelters.

these shelters i am told are literally bursting. what happens to them? >> one of the things that's so difficult is i put on a uniform and i patrol the border. when i take unaccompanied minors into custody it breaks my heart. because now we have become a humanitarian agency rather than a law enforcement agency. but the parents of these children, they are forcing their children to cross the border illegally knowing ultimately they will be placed in health and human services hands and placed in homes inside the united states, and they are use those children as pawns to try to then come over into the united states themselves. david: the organization, the one that sticks out, people without borders, that encourage migrants to come across. they must see some of these kids that are the unaccompanied.

they must mow what these children are going to go through, going into these shelters and then foster homes and months if not years of trial as a result. does it ever occur to them, do they have any conscience what they are leading these kids into? >> they don't. and it's sickening to me, knowing that they know that they are putting these children in the hands of dangerous criminal cartels. these smugglers who care nothing about these children, they abuse the children, rape these children and sometimes kill these children, the policies that nancy pelosi and chuck schumer are advocating for allow the criminal cartels to continue to operate and make multi-billion dollars off the struggles and the human suffering of these children. and that is it's wrong, it has

to stop, and it's sickening. david: do you have any doubt in your mind if we had secure barriers, at least something more than barbed wire and concrete barriers you can hop over. do you have any doubt if the barriers existed, that we need, that a lot of these parents would not be sending their children unaccompanied to live that kind of existence they are forced to live now. >> i have zero doubt. i patrolled the border in this area we are talking about. i know when we have built physical barriers, it has dropped illegal immigration exponentially. if we continue to build those bare jerls we'll get -- those barriers we'll get control of the border. david: all over the world where the barriers exist, it keeps people out. coming up, michael flynn

claiming the fbi urged him to answer questions without his lawyer present. now the judge will sentence general flynn. the judge says mueller's team has to submit all legal documents related to this trial by tomorrow. one california democrat says he wishes he could regulate speech. but it doesn't end there. wait until you hear what specific network the lawmaker wants to regulate. that answer straight ahead. building a better bank starts with looking at something old, and saying, "really?" so capital one is building something completely new. capital one cafes.

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david: we are hours away from the latest deadline pressing down on the mueller probe. the judge overseeing the flynn case is demanding to see every document related to the flynn interviews. this after a bomb shell filing from flynn's legal team alleging the general was pushed into foregoing a lawyer during the questioning. i want to go to edward lawrence. reporter: the federal judge demanding to see the

government's documents and memoranda for the interview. those documents may show what the flynn lawyer alleged that james comey sent andrew mccabe and seater strong into the white house without notifying white house counsel. they've pressures flynn not have his attorney present for the interview. president trump: they took a general they said didn't lie, and they convinced him he did lie and they are making a deal. now they are recommend nothing time. you know why? because they are embarrassed they got caught. reporter: they have been trying to see the documents and the special counsel refused to turn them over. the judge may reconsider the case entirely. >> they failed to inform him of his rights. mr. comey ordered them to go

there without informing the white house. it wouldn't surprise me if this gets tossed. reporter: he was forced to sell his home to pay for legal fees. david: here to tell us what this could mean for flynn's future, fox news legal analyst mercedes we will win and special agent john' jonerelli. apparently the judge hasn't seen this thing before. does he believe this is entrapment? is it possible flynn's guilty below could be reversed? >> it's a great question. this is an extraordinary step by the judge. obviously the judge believes there is something to the defense arguments where they say flynn has been entrapped. he was discouraged from having an attorney present.

he was not told the full breadth of what this meeting was about. this is enough for the judge to say i want to see the documents to make my own determination. david: let's talk about what happened in what some people calling a setup. the fbi came into the white news an informal matter. by their own notes the general was unguard, informal and jock d and jockullar. >> in the bush or obama administration if the fbi wanted to send agents into the white house, you would have to go through the white house counsel in would be discussions and approval. i thought, it's early enough, let's just send and couple guys over there, they won't know what's going on.

they send a couple of fbi guys over there and i's strolling around the white house and he says mike how are you doing. and they sit down and have a chat. little does flynn know, it's an official interview. david: a lot of what rush says is what comey said himself. >> it's unusual. when fbi agents do these interviews, and it happens all the time that we are doing interests views that workplaces. you sit down with two agents. you let them know that we would like to interview you regarding these allegations. essentially the person who is being interviewed knows they can get in trouble if they are not telling the truth. david: the problem is, you can't lie to the fbi, but they can lie to you. it's conceivable that the fbi was, you know, joking with him

as he said he thought it was a jocular situation. and egging him on to make him think this wasn't and i official investigation. >> when i represent clients in these situation. i warn them, if you say the slightest miscommunication. you say the slightest misrepresentation, that is in and of itself a crime. even though you are coming in innocent. everything you say in that interview can be held against you and could you be held criminally liable. david: this was an operation involved with the whole group of people from andy mccabe and comey himself. peter strzok, people determined to sink the incoming trump administration. >> if you are talking to somebody as important as michael

flynn, it's planned in is thought into the questions asked and how you will approach them. david: is that factoring into what the judge is going to say? >> at this point he pled guilty. how lenient will the judge be. the senior prosecutors are recommending probation. but frankly there has already been leniency argued by the prosecution. david: i have so many friends in the fbi * almost in tears about what has happened to the agency. here is another black eye. just when we thought maybe we could get beyond, we got rid of a lot of bad apples from the fbi voluntarily or urn voluntarily. but here comes another one. how does the fbi dig itself out

of what it's fallen into? >> thank got rank and file of the fbi represent exactly what you described with your friends. hard-working individuals. what you are seeing is highly unusual. many of these people have moved on. under director wray i think the fbi's reputation about survive. david: one california democrat said if he had his way he would regulate free speech. but not just any speech. just things he doesn't agree with, like things we say here at fox. the first amendment is here to stay and it's crystal clear about your role. i'm groaght constitution. congress shall make no law abridging the freedom much speech. get it, congressman? speaking of the constitution. one liberal website said it's time to get rid of the rule that

prohibits anyone under the age of 35 from becoming president. the reason? so alexandria ocasio-cortez can run for president in 2020. more on the liberal lunacy coming next.

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david: new reaction after california democrat ted lieu admitting he would like to cut back on the first amendment right to free speech, but he says he knows he's not aloud do that. >> i would love to be able to rig late the content of speech. the first amendment prevents me from doing so. that's as function of the first amendment. but over the long run it's better that government does not regulate the content of speech. david: but he would love to be able to do that. '.

former senior advisor to prime minister' david cameron. we would point fingers at our british friend and say you guys don't have with we do, we have a first amendment. now there is a slow march to get rid of the first amendment. i never thought i would see this, did you snrp. steve: ted lieu just said out loud what we feel has bench going on with the left. you have to adhere to a certain set of beliefs and can only say a certain set of words and phrases. when you see how they are behaving, they are exhibiting all the characteristics they rick lure donald trump and his supporters on. saying they are bigots here and intolerant and undermining

democratic norms. it turns out, they are the people doing that. the left are the people who are intolerant. they are the bigots, undermining democratic norms. david: it all started with the p.c. culture where if you said anything that violates the p.c. rules, the politically correct rules of speech or thought, it's hate speech and not protected by the first amendment. it happened on college campuses. but while wondering if right now they have gone too far. it will wake up americans to exactly how dangerous this whole thing is. >> i would like that to be the case. but i worry it isn't. it's got so far into our culture, you see it in businesses, now, you see it in the corporate culture. i'm speak to you from silicon valley. this is a real quote someone

sent to me, someone who works in the big tech companies. he says it remind him of where you can't go out not just in the workplace, but in social gatherings, it remind him of eastern germany where they were listening in on everything and reporting it back. david: the p.c. culture will combine with the tech culture as a means of enforcing what they are now saying in public forum. that is a genuine concern. but here again i'm wondering if we caught it in time. we have caught on to the fact that you have things like siri and alexa. and we are catching on to the fact that google and theoeer companies involved with this are very politically biased. >> i hope that's the case. and we need to keep making these

arguments. the other thing i think that's important is the generational aspect. one of the things you see over the years is each generation tries to rebel against the habits and behaviors of the one that's gone before. the generation coming on now is infected with this political correctness and closing down of speech. but the one that comes' after, they could be our saviors, they could say we can't live like that. david: i hope the younger ones grow up fast. we are facing criticism. ' theresa mayn't on how to honor the brexit vote. how does it get resolved? steve: i campaigned for brexit. i want to see it go through. her deal doesn't actually deliver brexit.

that's why it's gone down like a lead balloon. nobody supports it. not even the people who want brexit. they say this leaves us inside the sewer mean union and subject to european union laws. she does not have a majority in par limit for her agreement with the e.u. she hasn't got the votes to get it through. she has just come back from the e.u. begging them for some kind of concession to sell to it parliament and they gave her absolutely nothing. they didn't budge at all. it's humiliating. by the way, totally predictable. as i have been saying all along. the e.u. doesn't want to make this process a positive one for the u.k. they want to send a message. if you dare leave the' u.k., they will make i'd as difficult as possible.

there is no support for that either. >> i think you are on to something critical. they needed to you mill aate somebody like theresa may because they are afraid they are about to lose their mantel. they have this extraordinary ma seen in the european union by which all of their faceless bureaucrats are empowered. a non-voting bureaucratic mass is given power and they are afraid they are going to lose it. >> it's being challenged all over europe. and so they try to cling on to power and they are trying to scare every one by saying if you try and leave the e.u. without arranging it with us, it will be chaos and today's. it will be short-term

disruption. but it's within the power of the u.k. government to counteract that with positive steps to boost business, cutting corporation tax and regulations. all the things that work so well in america. the u.k. government could do that and attract new investment into the u.k. after leaving the e.u. david: unless you have an absolute steel backbone and refuse to bend, and refuse to budge, these folks are going to try in any way possible to humiliate you and destroy you. very quickly, go ahead. steve: that's exactly right. the words i often use after having worked inside government. you have got to be demented in moving your goal through the machine. david: you can watch steve

hilton on sunday night at 9:00 p.m. eastern, ""the next revolution,"" it's required' viewing. the fbi warning about we don't get a handle on this threat now, we are in for a rude awakening. wait until you hear why socialist bernie sanders thinks a couple of multi-billion airs control and own tour nation. more coming up straight ahead. stay with us. so, they say that ai is the building block of the future.

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president trump: we cannot continue to lose $500 billion to china. i had a fantastic meeting with

president xi. we have great strength. nobody has ever done what i have done. david: that was the president talking about his negotiations with chinese president xi jinping. this as we get word from the "wall street journal" that his closest aides are warning him against intervening in the huawei case. the author of "the 100-year mayor on," chinese strategy director, michael pillsbury. the president is making chinese trade talks a priority. but should he be handoff the huawei case? >> it's appropriate for the president to review the criminal case. i get the impression the

original request for indictment was not reviewed by the president and his team. they have been quite unified saying while he was having dinner with president xi in buenas aires he did not know about the arrest. knowing about the quality of evidence could be important. he lets her go because the evidence doesn't meet that test, there is no problem with that. david: canada is getting the brunt of reaction from the chinese. there are two business people in china who have been detained. i think they are being detained for national security ground. that's pretty serious stuff. >> both side are seek out leverage. the chinese have a history of last-minute deal, putting maximum leverage. so farther buying soybeans yesterday. but i anticipate over the next two or three months, both sides

seeking leverage in various creative way. this fbi testimony is really quite something. the department of justice and fbi are being unleashed to do more law enforcement cases against china. this is learn and legally necessary for our country, i think. david: you mentioned soybeans, some people complain it's not a least soybeans they are buying, but it's something. the tariffs are coming down on cars. i believe there is movement on intellectual property. are we incrementally getting what we want from the chinese? >> these are extraordinary steps china is taking. to say they will criminalize and put fines and criminal penalties on intellectual property theft, that's a big thing. david: when the president says

nobody has done this before, it sounds like hyperbole. nobody has held the chinese feet to the fire before, whether it's republican or democrat administration. >> i have a lot of contacts with the chinese and they say that. the chinese themselves are saying that. president trump indicted five chinese actors. put their photos up on line and said they should be returned to america. nothing ever happened. that so this is a new approach. i think there is bipartisan support for it. senator dianne feinstein signed up for the new program on technology theft and technology. david: michael, great to see you. appreciate it.

socialist bernie sanders blaming our socioeconomic problems on a few billionaires who he claims are the source of power and greed in this country and he says they control the country. one liberal website is calling for a constitutional memo that democrat superstar alexandria ocasio-cortez can run for president in 2020. encore tes * thick it's a dumb idea. details coming up next. as a fitness junkie, i customize everything - bike, wheels, saddle. that's why i switched to liberty mutual. they customized my insurance, so i only pay for what i need. i insured my car, and my bike. my calves are custom too, but i can't insure those... which is a crying shame. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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david: senator bernie sanders claiming america is controlled by a small group of billionaires. >> we live in a nation owned and controlled by a small number of multi-billion airs whose incredible greed is having an unbelievably negative impact on the fabric of our entire country. david: joining me now, britt mchenry and democratic strategist. there are 28 million small businesses in the u.s. right now i am guessing would like to give

bernie sanders a piece of their mind about what makes america work and it's not a handful of billionaires. >> we saw going back to the 206 election, the populist movement in this country how it propelled donald trump who is a billionaire. but the ideas behind him are what people in the rust belt states, they needed some one in power in charge to help them. and he won the white female vote. are they all the narrative of the white man controlling wall street? no, that's not true. i would add bernie sanders is a member of the 1%, too. he has over $1 million in salary. so i disagree with him. david: you don't really believe a few billionaires control the nation, that's him saying that. >> you know what he's really

saying is 1% of human beings in the world own half of the world's assets. bernie sanders, like president trump speaks at a lot of rallies in the hyperbolic ways just like president trump. both men are in their 70s, and both men from quoting a populist movement. one on the left and one on the right. so that's the underlying argument here. but the bigger thing we should focus on is 70% of our gdp is in consumer spending. when more people have money our economy does better not less. david: when the producers in the economy, whether they are one of the 28 million small businesses or individuals working on their own, when they produce, that's far more important than when people consume. but the economy is owned by 330 million americans who have the

economic power and fortitude. the forbes list of the richest people in america. it's how many people drop off the list. there is social and economic mobility in the u.s. you don't see in any other country in the world. >> i will agree on that point, this is posturing here. there is still some reports, some speculation that bernie sanders could once again run or be the dim krat i can party's nominee. but he's posturing to a crowd. you go to middle america. you go to a military community where i was raised. those are hard-working middle class people. they are make money every day and they are voting for people they want. david: i can't help but think the reason he believes this is he has done practically nothing his whole life except being a politician and he doesn't understand how the market works.

you seem to be agreeing, you seem to understand that, he doesn't. >> i think that that's been the american tradition, american history, and that's what makes us a nation. i think it's change. we have to prevent it from change. that's what bernie sanders points out. president trump says -- david: when he was in control, the divide between the richest and the poorest was growing. >> the divide is growing even more. the trade deficit is even bigger this year than it has been in the past. at the end of the day there is a populist movement that both in the left and both in the right. the populist movement is giving us a signal the divide. david: would you like to go

against this rhetoric from bernie sanders in the next election? >> absolutely. give me a couple years, i guess alexandria ocasio-cortez thinks she can already. i think both of them are all talk, all theory. i will stick with working americans and put money in my pocket. david: i will stick with the heart of america which i think and i believe most of americans have faith in. coming up. what one actor is doing to make sure this holiday season is extra special for gold star families. the big surprise coming up next. alerts -- wouldn't you like one from the market when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts about potential investment opportunities in real time. fidelity. open an account today. and all through the house 'twas the night before christmas not a creature was stirring, but everywhere else...

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and last year, i earned $36,000 in cash back. which i used to offer health insurance to my employees. what's in your wallet? david: tonight, holidays can be a tough time for gold star families, gary sinise foundation, is helping to bring a little joy to more than a thousand children of fallen soldiers this season by sending them and a surviving parent to disney world for a 5 day vacation. >> it is wonder full to see them smiling, that is it, to make the kids happy, let them know they are loved and appreciated. david: god bless him, and make sure tune in to fox business tomorrow, you can catch my show. bulls and bears, every week night, 5:00 p.m. east inch. right here on fox business. and trish regan will be back tomorrow to bring order back to

her own show, talk exclusively to conservative author jerome coarsey. if you saw last interview, you cannot miss it. have a great night, thank you for watching, kennedy begins right now. ♪ kennedy: david thank you. >> robert mueller is playing dirty, now a judge is calling him on it, could the tide be turning? last night's federal judge ordered mueller team to turnover documents related to their questioning of president trump's normer national security adviser michael flynn, after a report, they pressed flynn not to bring lawyers to interviews, claiming they were just having casual conversation, that was not the case, the feds reportedly used those interviews again him. flynn has pleaded guilty, one count of lyingo