miss an episode of "the five." "special report" is next. texas pulls the plug on planned parenthood. this is "special report." good evening, welcome to washington. i'm bret baier. there is new serious fallout tonight over the images of planned parenthood officials apparently negotiating the sale of leftover parts from aborted babies. texas is yanking government funding from the abortion provider, a move that has already set off a war of words and is destined for a courtroom. chief leading correspondent shannon bream has tonight's top story. >> reporter: texas is putting every planned parenthood affiliate in the lone star state

on notice that they have started to end the access to funding. today's letter says, quote, the state has determined that you and your planned parenthood affiliates are no longer capable of performing medical services in a professionally competent, safe, legal and ethical manner. the letter also cites undercover video released early this year by the center for medical progress, which purports to show the director of research for planned parenthood gulf coast in houston discussing conduct opponents say is illegal. >> so if we alter our process, and we're able to obtain intact fetal cadavers, then we can make it part of the budget. >> texas officials say altering the method or timing of abortion for purposes of harming fetal tissue violates federal law and

medical requirements. planned parenthood says the video is deceptively edited and denies breaking any laws. they said it should be viewed, quote, as a national scandal, adding, we will fight back against this outrageous, malicious, political attack in texas with everything we've got. >> i think we've seen over the years whenever anyone threatens planned parenthood's money, planned parenthood will sue. i certainly expect when this large slice of taxpayer dollars that planned parenthood somehow thinks it's entitled to gets taken away by the state of texas, planned parenthood will react. >> there are wide amounts of abortion clinics that will hand out pamphlets saying where they can get abortions. they say it violates their first amendment rights. the question of whether vice president joe biden will make a run for the top job has sparked

a wild, wild west of speculation, leaks, timelines and predictions based on uurces. right now fox news maintains biden is expected to get in the race. and soon, to challenge hillary clinton for a democratic nomination both have sought for much of their political careers. kevin corke reports tonight from the white house. >> i've been in a meeting with the president on other matters in the last two hours, and it's hard to say, mr. president, you're on your own. i'm leaving. >> president joe biden on a visit at the white house to discuss climate change. sooner or later, the discussion centered around whether the political climate is ripe for another biden run. >> if you're joe biden and your choices are going for the brass ring when you've had a better chance than you've ever had or riding off into the sunset, it's easy to see why the brass ring

has attraction. >> sources tell us that that choice is so strong that biden is expected to get into the race, hoping to give new meaning to the old adage, the third time is the charm. biden gave way to a presidential nominee, ducaucus. that was enough to shutter his campaign, although he would eventually be the running mate for the man who runs the white house. >> if you're sitting next to the man knowing he's wrestling with these issues, i'm sure he's saying to himself, i could do a really good job. >> reporter: the president's words could be the clearest signal yet that support for a biden run is clear. the announcement could happen sometime in the next 48 hours, at the same time hillary clinton is set to testify on capitol

hill. >> hillary clinton knows what it means. it means a tough, expensive, probably negative campaign. >> there is no denying that vice president biden is somebody that brings a lot of energy to his current job. based on the fact that he has run for president twice before, i think, should be a clear indication that he believes that he's got something to offer to that debate and to offer to the country. >> still, experts caution, a late start, fundraising challenges and a long record of gaps to pick over could end his campaign as quickly as it ends. >> he's got some challenges. he's talented, he's got a lot to offer, but it's a hard road if he decides to go. jim webb of virginia is said to be having a news conference time tomorrow, bret, which we hear he's going to talk about his party and his candidacy, and

he's said to be considering a run at the white house as an independent. bret? >> kevin corke live at the white house. the associated press says the state department was one of the worst run agencies during clinton's run as secretary. the report says the situation has continued to detear yat under john kerry. state department officials insist the stacyber security position is improving. allegations that a hacker broke into the personal e-mail account of cia director john brennan. the material allegedly stolen does not pose a grave international security firm. a self-exemplified also fou--

donald trump's latest foil is jeb bush, with the two of them arguing over the hardest comments yet, including one of the latest subjects. >> reporter: had he been president in 2001, donald trump says the 9/11 attacks might not have happened. >> i am extremely, extremely tough on illegal immigration. i'm extremely tough on people coming into this country. i believe that if i were running things, i doubt those people would have been in the country. >> reporter: except most of the hijackers were legally in the united states. trump was defending his criticism of jeb bush saying his brother did keep the nation state under attack. >> i'm not blaming george bush, but i don't want jeb bush to say, my brother kept us safe, because september 11 was one of the worst days in the history of

this country. >> my brother responded to a crisis and he did it as you would hope a president would do. he ignited the country, he organized our country, and he kept it safe s. there is no. it's as though he's an actor. >> an on-line attack ad questions ties. >> did he keep us safe at home? >> we have had a major problem at homement. i agree with that. but we attacked a country -- do you know what we have right now? zero. >> he said he would have avoided the war in afghanistan by making the u.s. a dependent, requiring

them to hand over bin laden in two weeks. >> i think that would have trumped any loyalty -- being able to use our drones and being able to use our intelligence of that nature. i think that's probably all that was necessary in afghanistan. >> i feel that the saudis and other arab gulf states would claim ru maani. it bothers me when trump says he could prevent this. 16 of the 19 hijackers were here illegally. >> 19 weeks to the next presidential debate, and now they're at war with each other. >> did you see the newest wall street journal poll, trump hitting his -- way back in the low teens as oe a associated to trump and carson who were a good

sal i had over benghazi. the federal government prepares to require many drone aircraft to be registered. it comes as the faa receives almost 100 reports a month. fox 2 makes an emergency landing back at lax because of a fight between passengers. a. the fbi was tea. here's a live look out of miami to our a yil. one person was killed, five injured. police say the shooter was white

or a hispanic am. but away from "special report." we'll be

secretary of state john kerry is asking for clarity over israeli intentions concerning the jerusalem holy site at the center of escalating violence with palestinians. this comes as death toll grows. >> reporter: the violent attack on israelis continue and are spreading. sunday night a veteran killed one soldier and wounded ten at a bus station. he also killed a refugee. video shows israeli citizens killing the refugee.

they believed the eritrean was one of the attackers. they offered condolences to the man's family and promised to continue fighting the palestinian attacks. we are in a continued struggle, netanyahu said. i think it's clear that we will win. weeks of violence which started after jewish groups pushed for more access to jerusalem's holiest site known to muslims and to jews as the temple mound. dozens of checkpoints in palestinian jerusalem, placing large concrete walls between arab and israeli neighborhoods. while germans blamed it on palestinian leaders who they say had blood drawn on the west bank, and on prime minister

netanyahu who rejected the conflict. >> everything that's happened is because of their occupation. if this didn't exist, none of this would happen. >> reporter: secretary of state john kerry, who is headed to the region this week, called on both sides to end the, quote, senseless violence. he put on no concrete steps of how to do so. >> i don't have specific expectations to try to move things forward. >> in his proposal at the u.n., that would insult international observers at the mosque compound to monitor the situation. so far they have rejected that offer. >> the united nations says croatia has opened its border with serbia for migrants, letting in thousands who had been stranded for nearly two days in the cold and rain. many refugees will head further into europe into slovenia, which is encouraging asia to dump

another bunch of detainees in that nation instead of putting them in croatian shelters. we start off with a look at just how sophisticated the bad guys have become. >> i got a guy in sight. >> reporter: it looks like any other mountain in southern arizona, but it's not. >> that location is notorious for scout activity. >> reporter: look close. you'll see multiple caves filled with blankets, food and surveillance equipment. >> they're up there anywhere from five days to 30 days. >> reporter: they are spotters, who directed a bunch of immigrants north to evade the border patrol. >> they just dropped in two agents who are looking for a spotter below and one up on top. >> they're looking to see how many of us are there.

>> we're hitting their distribution rights, we're hitting their communication networks, we're hitting our surveillance. >> easily gone over, easily crawled under. and that's what they do. >> jim tilton's ranch stretches 22 miles along the mexican border. >> we're getting less documented immigrants. however, the drug traffic has increased immensely. >> he installed three trailer cameras to prove his point. >> they come through here. we're the highway. >> tucson chief manny padilla says give credit where credit is due. in 2000 agents arrested. >> border security is only one component of the immigration debate. to call it out of control is no

longer accurate. near a 40-year low. bret? >> how do you feel about paying security for donald trump? secure protection is about to

hillary clinton testifies in public thursday to the house select committee on benghazi. while that session certainly qualifies as must-see tv, this week we're going to set the stage for you and tell you what happened, why it's important and what to expect. maybe. tonight chief intelligence correspondent katherine heritage

begins with the mistakes and miscalculations that led to the deaths of four americans. >> reporter: in the year leading up to the september 12 terrorist attack, there were 234 security incidents in libya, 50 of which took place in benghazi, including this assassination attempt on the british ambassador as well as an attack that blew a hole in the wall. >> he even joked in an e-mail, maybe we should ask for another government to pay for our security upgrades because our government isn't willing to do it. >> reporter: two months before the attack that killed four americans, this showed that stephens requested more security personnel to help him feel safe in the country. >> patrick kennedy, who is the chief administrator of the department, has testified on quite a number of.

the pattern repeets. a security officer later told bennett investigators that he was so short staffed that he had to choose between the tribley airport, their lifeline to the outside world, or not guarding stephens. there was a meeting with the cia whose secret annex was across town. he said he couldn't afford, quote, other attacks. yet like other requests, no security was added. on september 11, when the attack came in three phases. and cia's security told fox's brett not to immediately help.

>> if i gave you that 30 minutes back, would stephens still be alive today? >> yes. without the delay, they would still be alive. >> ambassador steven reports, h had. >> katherine, thank you. we'll continue the setup tomorrow. we are still wogt for house. trying to deal with a house and a caucus very well divided. their expected to confer tomorrow. >> hey, bret. one reason the job of house speaker is proving hard to fill is that a significant percentage of the repz, ut at the lg

defines into his priorities. . it is utter nonsense. here's a partial list mr. job job the war on jobs act, the pa pace. universal pre-krnd condition. overhaul and expansion of unemployment benefits. these diverse proposals have one thing in common. they went nowhere because congressional employments as bill buster early. the republican agenda hasn't gone anywhere, either.

t the. but a much better name for it to be stalemate. right? >> there are some lawmakers up there who say, we should just pass the bills the gop wants to pass, and send them to the president's desk, if they can, through the senate. and just do. even though they vase veets. . they did do that. they got keathe keystone pipeli measure through the house. passed the senate, it went through the president. he vetoed it, the voents have been there. >> all right. >> the letter asking.

. but then they can for speaker and northern colorado wal wa. of course, have denies an affair. what does hillary clinton have that donald trump is now

donald trump and fellow republican presidential candidate ben carson are said to be close to getting secret service protection that you will pay for. peter ducci tells us tonight it is a bit unusual at this stage of the campaign. >> the ratings have been all about the outsiders, and now the top two in the polls, donald trump and ben carson, are about to get a rousing agent of activity of the they would love nothing better than to take out a top candidate for president of the is always out there, and it's so important to protect these candidates because null y

nullifies democracy. death threats are, of course, off the. and that private security has stayed stayed. >> the secret service would not get involved unless somebody was really strep russ. if i was a democrat they would a are. . and biden would bring a vp sized detail if he runds. . until today, the republican with

agents assigned to him the earlie earliest. >> secret service for us on the campaign was great, because not only did it help with security, it helped him look important as well. when the secret service was around him, he looked very presidential. >> our producer on the ground says trump is still using private bodyguards tonight. he does not see any secret service yet, which means zurich is still truzing. >> canadien. trying to hold onto i see job. . stocks in the u.s. were in the

green today. the nasdaq was up 19. this is a fox news alert, fox news now confirming south african olympic runner has been released from prison and now faces house arrest. will he or won't he? the joe biden presidential decision, but hillary clinton with dig big

>> and reassurance.

>> i'm not in any way suggesting or recommending that the vice president accept any timetable other than the one that is clicking inside of him. he has to make this decision. >> i'm not going to comment on what joe's doing or not doing. i think you can direct those questions to my very able vice president. >> well, three sources now telling our own ed henry that joe biden is expected to get in this race. when is really the question, but that he is expected toin, something he said tomorrow raised some eyebrows when clinton was asked about her favorite enemy, if you would. take a listen. >> darrell isa, not a republican friend of mine. he's a friend. i don't consider republicans enemies, they're friends. >> in addition to the nra, the

health insurance companies, the drug companies, iranians, probably the republicans. >> so was it pointed, was it not? everybody is reading through the tea leaves and it's pretty unbelievable here in washington. jason riley, columnist with the wall street journal. jason, the most comments i get on twitter and facebook and e-mail is, make a decision already, would you, please? >> i think the democratic establishment likes having joe biden as an insurance policy right now. the whole rationale for his candidacy is hillary clinton's ethical baggage. we saw at the debate the other candidates didn't go there despite ample opportunity to do so. her pollsters say she's polling very strongly. about 75% of democrats backed her, and that includes them

thinking she lied about her e-mails. his rationale for running she has too much emotional baggage, but right now she seems to be doing okay. that's why he's biding his time here. >> i think henry is right. the talk around town is it looks like he's going to do something. >> cnn, by the way, is reporting there are interviews going on with staff. there are other reports he has reached out to state party chairmen and there will be some big rollout at the jefferson jackson dinner in iowa and he may speak out. >> a lot of this comes out of meetings he had over the weekend with unions, and in specific the firefighters union which originally was going to back hillary clinton and backed off and said, we want to look around. a lot of concern about economic policy under obama, especially the wall street type stuff and the party moving to the left very visibly, especially, you may have noticed, during the debate. and biden apparently tight with the union and willing,

therefore, if he gets into a campaign as an agent of the unions to push hillary clinton farther to the left. but if you stop and think about it, as you heard in your segment, this will be the third time for biden. he's gaffe prone. let's be straight about it. and he doesn't have the money or the structure that hillary has in place. this isn't a winning position if you're thinking about biden actually winning. >> this is national, not the state polls, but it shows hillary clinton with a pretty sizeable lead over bernie sanders. vice president biden obviously not in yet, but they're at 18.7%. meantime, jim webb, we're hearing, is going to have a news conference tomorrow in which he may consider running independent as not a democrat but as an independent. charles? >> i think juan has stumbled on the truth. staggered into the truth here. i think he announces exactly

right. if you take all the reasons why a biden campaign would not go against a clinton campaign, i think it's overwhelming if he takes her on as a straight shot. one of the reasons i think he'll get in, and i think at this point he probably will, choosing a time sort of a month after the right time, after t. after the debates, she really is in a position that he could not possibly defeat her one on one. i think the reason he wants to be in there is if lightning strikes. in other words, if she is struck by something else, an act of god, meaning an act of the fbi, some indictment, something just truly destructive from which she can't recover, uncovered by something out of the campaign, he wants to be there standing as the insurance policy. in other words -- because after all, imagine if this happened, she got knocked out for some reason. is the party really going to

nominate a vermont socialist in his mid-70s? that's inconceivable. if he's just there, standing there, if and when, this would be a very long shot, but he would be in the position to whom everybody would turn. >> what about this timing? does he do it before the testimony to the benghazi select committee by hillary clinton? does he do it right after? or does he have to wait a week to let the politics settle from that? wouldn't he be asked nonstop, did you agree with what she said, where were you, or what happened? >> the timing is incomprehensib incomprehensible. it's only explained by saying it's biden. it would be the worst possible time. it would be stepping on the benghazi story, if there is one. it would be exposing him to questions about benghazi. he's had months to make an announcement. he's now here. at this point he might as well wait a few days until it blows

over and he can see where he is. but nevertheless, he has his own internal clock. he has a long history, at least in foreign policy, for 35 years having been wrong on everything, so i wouldn't be surprised if he chose the wrong day to announce. >> i think charles is right. this fbi investigation is not over. the last line at the debate about. that does not include the fbi who was not sick of talking about the e-mails. things could still happen. this story is not going away, so i think -- right now joe biden is the guy behind. as it set up, this benghazi hearing, while there will be some interest, some of the fireworks taken out by the politics going in? >> absolutely. at the moment it looks like a very difficult situation for

trey gowdy, a former prosecutor of great reputation. but right now it's so political because of mistakes by his own team, kevin mccarthy and others, that he's in a position where even over the weekend trying to say, well, there was some information in her e-mails, a name of a cia source. then the cia said, we didn't take that name out. we didn't think it was classified. oh, no, he says, it was still sensitive. someone redacted it. >>. what often doesn't get talked about, though, since the last time she testified, we always hear how she's testified before and this will be the eighth investigation. the last time she testified, nobody knew about a private server or hundreds of e-mails about libya and benghazi. so whether there is something in there to question about, we don't know, but what we do know is that there is new information even just four weeks ago. >> and that's the point.

the democratic defense, there's been seven investigations and they all involved her. yes, seven investigations with no investigation because they've been sold. she was not interviewed by her own review board she appointed. one that will at least expose the only worry i have is the optics. a person against the big questi question. it looks like a hanging jury, and the one person standing up, especially if it's a woman, is illogical. trey gowdy will have to be very careful how he handles this. >> not only that, but it's a democrat, and that's often advantageous to a witness. >> as shown in the planned parenthood, benghazi is not very good at doing an investigation

where all the cards are in their hands. next up, the next run

>> >> i don't want jeb bush to say my brother kept us safe because september' 11th was one of the worst days in the history of this country. i believe that if i were running things i doubt those families would have -- i doubt that those people would have been in the country. >> i don't know why he keeps bringing this up. it doesn't show that he is a serious person as it relates to being commander and chief and being the architect of a foreign policy. across the spectrum of foreign policy, mr. trump talks about things that as though he is still on the apprentice. >> well, george bush talking about george bush.

jeb bush responding about donald trump and 9/11 saying that it was a security failure for it to happen under george w. bush's watch and that a president trump possibly could have stopped 9/11 as you look live now in anderson, south carolina. donald trump holding another rally, the campaign says some 5,000 people there clearly he is getting the numbers at all of these events. and he is getting the numbers in polls. the latest "wall street journal"/nbc poll has trump at 25%. his highest mark in this particular poll. there you see ben carson trailing just behind. marco rubio on the move going up. ted cruz ticking up as well. as you look at the rcp average, the real clear politics average. it basically mirrors this and these are the average of recent polls. we're back with the panel. jason? >> well, we know why donald trump is doing this. and jeb knows, too. donald trump thinks that george w. bush is jeb's biggest liability. to the extent that he can

get jeb having to defend his brorch, donald trump feels like he has an edge. i think this is a bit of a silly debate rehashing 9/11 all these years later. if america believed that george bush was responsible for 9/11, reelecting him was a funny way of showing it. so i think the country has moved past this even if we understand why donald trump is playing these politics. >> you know, juan, it's interesting when he says she controversial things especially in the republican primary race when you look at the 9/11 commission, there was a lot of blame put on the clinton administration that he did not talk about. and there is not a lot to talk about blame for the obama administration on how things went in iraq, you know, after the surge, et cetera, et cetera. how does that play overall long term in republicans even though he seems to be ticking up in the polls? >> well, let's continue your logic because it's very interesting. there is a time line, i saw today on george w. bush's popularity. george w. bush is more

popular now than he has been in a long time. so it doesn't quite strike me as sensible that trump would pick this moment to go after the memory of george w. bush if you are trying to win a republican primary. but i thought jason made a very acute point when he said, look, at this moment, what you get is trump recognizing that even though jeb is at 8%, i think, in that "wall street journal" poll, and, you know, far behind like fifth place, he seems him long term as a greater threat. and he sees the brother and the bush administration record as a liability. that if it you can say this is about the bush name and the bush record, you are going to damage that person and possibly force him out of the race for all time. >> charles? >> look, i think this was a successful attempt by trump to bait general into a discussion of the brother's administration. for jeb, it's poison. not because george w. was unpopular but because it takes him off topic.

it takes him away from what he is going to offer. the one thing that an opponent would want in jeb is to have to debate the family heritage. number one, it reminds people is he a bush. that's one liability. of the dynasty issue, the baggage, which is not his baggage but none the less attaches because of his name and i think jeb bush went for it. the reason he did is honorable. he wants to defend his family. i think he had to do that. that's why i think it was a clever move. one thing i want to say is what's trump going to say next pearl harbor happened on fdr's watch so, what, is he responsible? i don't understand the logic here. >> if donald trump has a way to see terrorism, let's hear it. i wouldn't have allowed 9/11 to happen is not a foreign policy. it's monday morning quarterbacking is what it is. >> we didn't hear this part but ben carson over the weekend saying if the u.s. was energy independent, the arab states would have handed over usama bin laden. so another candidate talking

9/11. that's it for the panel. but stay tuned for an awkward interview that left one presidential candidate speechle

finally tonight coming off what many call poor performance at the democratic debate former rhode island governor lincoln chafee seemed himself with with cnn wolf blitzer but it didn't exactly turn out as planned. >> he even tweeted about it. look, he put getting ready to talk with wolf blitzer on cnn. [ laughter ] seems pretty pumped up.

hiking his pants up and getting ready to go. let's see how the interview went. >> why are you doing so poorly at all of the polls? you are basically getting closer to zero percent than you are 1%. why bother right now if you have limited money, limited support, why keep going you? are going to wind up looking silly if you keep going on like this. you have raised maybe $30,000. you have no chance. give it to me straight, wolf, what are my chances here? don't sugar coat it, pal. >> wow. that was tough. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. is joe biden in or is he out?

we're about to find out live from washington. >> he was arrested after teachers thought that his homemade clock was a bomb and now a face-to-face with the president. the meeting at the white house. >> "goodfellas," one of the mob movies of all time, about one of the biggest stickups in u.s. his interest. >> live from the scene of a heist at jfk. it looks like a big one. >> now the alleged mobster behind it all is on trial and we'll take you inside that courtroom. "fox & friends first" starts right now. and good morning to you. you are watching "fox & friends first" on this tuesday morning.

i'm heather childress. thanks for joining us. >> and i'm ainsley earhart. donald trump is on top with the highest poll numbers yet. >> he leads a brand new poll just as an announcement from vice president joe biden is expected to maybe shake up the democratic race. >> kristen kristen fisher is do washington with all the latest. >> reporter: a new poll out with 25%, the highest level of support since entering the race and four-point jump since september and close behind him is ben carson with 22%, followed by marco rubio with 13, ted cruz, jeb bush and carly fiorina in single digits. fiorina has dropped four point in the last money. on the democratic side all eyes are on one man joe biden as speculation about his presidential ambitions hits a fever pitch. our ed