hereto as well. >> it's only 100 days. >> i will see you soon. >> have a great weekend everybody. martha at 7:00 monday night, and shannon an i will be back on monday, same time. >> thanks everybody, have a great weekend. ♪ >> a new investigation puts fbi director james call me back into the headlines, welcome to "happening now," i'm jenna lee. >> the department of justice inspector general announcing a broad review of allegations of misconduct against james comay, and whether he and the justice department both followed or broke established protocols in the clinton email server case. so just as james comay has thrust the story back into the news days before the election, guess what, it's back again, exactly one week before president-elect donald trump's

inauguration. speed to the timing again, key parts, we have fox news coverage with senior correspondent rick leventhal outside of trump tower in new york city, but we begin with our chief intelligence correspondent, catherine herridge, live in washington. >> thank you, did this morning on fox, the republic and chairman of the house oversight committee said the fbi director testified under oath that he would notify congress if new evidence was found in the clinton email case, which reopened. fbi director james comey wrote to congress 11 days before the election after clinton emails were found on anthony weiner's computers. those emails belonged to a clinton aide, who mob a dean. >> he had a duty and a obligation to do that, the democrats are highly critical, but he did had the duty to do it, and if he had done it, republicans would've been loud yelling and skimming about it. >> the department of justice inspector general is also investigating james comey's decision to make a public statement after clinton's fbi interview in july, he said there

was evidence of potential violations for the mishandling of classified information, so comey said no reasonable prosecutor would take the case. writing in a tree today, former clinton campaign manager robbie milk said finally interventions by russia and fbi being investigated, this is not a partisan issue, this is about protecting our democratic process. meantime, justice department investigators are also probing whether an official there, a longtime friend of clinton campaign manager john podesta, broke the rules when the two men met socially during the investigation. the leaked documents suggest he was tipped off about email releases and congressional hearings. what's worth noting is that the press release makes no mention of attorney general loretta lynch is meeting with bill clinton one week before hillary clinton's fbi interview. it was a catalyst for lynch's decision to rely on the fbi director's recommendation. because the tarmac meeting created the appearance of a conflict, though lynch's tasted the conversation at the time was not work-related.

>> jenna: thank you very much, the justice department is in the news for another reason today, we are going to go live to chicago, where you see our attorney general, loretta lynch, announcing the justice department's findings into investigation into the chicago police department, let's take a look. >> to ensure that every american enjoys police protection that is lawful, that is responsive, and transparent. but as the events of recent years in ferguson and baltimore, cleveland, and many other cities have made clear, far too many americans feel that they do not receive that kind of law enforcement. and far too many communities suffer. because of painful divisions between police officers and citizens. divisions that made a significantly harder to reduce crime, to expand opportunity, and to ensure that every american, including our police officers, can be safe and secure in their neighborhoods. now in december of 2015, as part of that work, i announced that

the department of justice, after careful review and extensive consultation with state and local officials and community leaders, was opening an investigation into whether the chicago police department had engaged in a pattern or practice of violations of the constitution or federal statutory law. and for the past 13 months, our investigators have worked tirelessly to obtain a full and inaccurate and an impartial picture of policing in chicago. they have conducted hundreds of interviews with citizens, with officials, with officers. they have reviewed thousands of pages of documents, they have observed chicago police department officers on the job. and on the basis of this exhaustive review, the department of justice has concluded that there is reasonable cause to believe that the chicago police department engages in a pattern or practice of abuse of excessive force in violation of the fourth a memo to constitution. our investigation found that this pattern of practice is in

no small part the result of severely deficient training procedures and accountability systems. now as my colleagues will explain in greater detail, cpd did not give its officers the training they need to do their jobs safely, effectively, and lawfully. it fails to properly collect and analyze data. including data on misconduct complaints and training deficiencies. and it does not adequately review use of force incidents to determine whether force was appropriate or lawful. or whether the use of force could have been avoided altogether. all of these issues are compounded by poor supervision and oversight, leading to low officer morale and an erosion in officer accountability. these are serious problems. and they bear serious consequences for all chicagoans. as i said when i announced this investigation, the systems and policies that fail ordinary citizens also fail the vast

majority of chicago police department officers who risk their lives every day to serve and protect the people of chicago. and during the course of our investigation, the department heard from countless officers who were themselves disillusioned and discouraged by strained trust. by inadequate training. poor oversight, and inattention to officer wellness and safety. now those officers are proud to wear the badge. but they recognize that they lack the support, both from the community and from the city, to properly do their jobs. and they understand that repairing trust with the communities that they serve will require difficult and meaningful reform. now, to chicago's credit, the city has not been standing still since we announced our investigation at the end of 2015. under the leadership of mary emanuel and superintendent johnson, the chicago pleas plee permit has taken a number of encouraging steps to improve

oversight and to encourage community oriented policing. but our report makes clear that there is still considerable work to be done. work that will require federal partnership and independent oversight. and that is why i am pleased to announce today at the department of justice and the city of chicago have agreed to begin negotiations on an independently monitored court-enforceable consent decree. in the days ahead we will continue speaking to local residents, local authorities, officers, ordinary citizens, to gather perspectives about challenges facing this city and the changes needed to address them. now, of course, this announcement comes at a critical juncture for this proud city. chicago is grappling with a deeply troubling rise in violent crime, one that has already claimed far too many lives. now fighting violent crime has long been a priority for the justice department as well. and we at the justice department have brought our full resources

to bear on this issue. from the fbi, atf, u.s. marshals service, and the dea. who participated in joint task force into combat violence. to the department of violence reduction network. now our efforts to work closely with local authorities to fight violence in the number of ways began long before we opened this investigation, and they will continue during and after this investigation. and no one understands that better than zach. under his outstanding leadership, the u.s. attorney's office for the northern district of illinois has worked literally around the clock to tackle gun violence, gang cases, and other serious crimes afflicting this great city. and at the same time that zach has actively partnered with our civil rights division on this pattern and practice of investigation, the prosecutors in his office in 2016 charge the highest number of illegal firearm cases in any year since 2004. so the u.s. attorney's office

here and federal investigative agencies have truly ramped up their efforts to help stem the recent rise in violence. but as i have seen firsthand from my community policing tour, that work is undermined if the community does not trust law enforcement. and that is why, in addition to increasing intelligence efforts and enhancing crime-fighting operations, we are also working with the city on a range of other critical initiatives, from youth outreach to counseling for the victims of crime. and these efforts will continue. and they will only be strengthened by the reforms that we are announcing today. because successfully reducing and preventing violent crime requires a collaborative and trusting relationship between officers and residents. and where that relationship is broken, as it is in far too many of chicago's neighborhoods, it is much harder to solve crimes and reduce violence. by making the changes necessary

to bring constitutional community-oriented policing to chicago, the city and the police department will place itself in a much stronger position to combat the scourge of violence. and finally, i want to commend the people of chicago for their patients and for their resilience throughout this long process. community police relations is an especially if occult issue. it taps into long histories, deep beliefs and strong opinions, and there is no lack of strong opinions here in chicago. but it also's forces us to honestly acknowledge the way in which our society has fallen short in extending the protection of our laws to all americans. it does not yield to swift or simple solutions. the meaningful change is never easy. the task of realizing the promise of our country has always been hard, and here in chicago, thanks to the determination and the commitment of countless public officials,

police officers, advocates and citizens, we have taken the first step toward meaningful change and a brighter future. the people of the city have recognized that there is work to be done, and they have committed themselves to seeing network through to the end. in the department of justice will stand beside you along the way. and i'm confident that when we are finished emma when this review is finished and the changes are set in place, chicago will be a stronger, a safer, and a more united city for everyone who calls at home. and at this time, i will turn things over to the head of the civil rights division, who will say more about our findings. thank you. >> good morning, and thank you, attorney general lynch, and thank you all. i am deeply grateful for the extraordinary work of the doj team of the civil rights division, and the the attorney's office here in chicago that has worked tirelessly.

i also want to thank mayor rahm emanuel and superintendent eddie johnson for their cooperation duri for their commitment to reform. and i want to thank the people of chicago, including the city's police officers, for engaging with the justice department over the last many months, because you care about your city so muc much. since we launched this investigation in december of 2015, the justice department has deployed our largest team ever in a policing pattern or practice case, to conduct a thorough and fair investigation of the chicago police department and independent police review authority. we reviewed thousands of documents and hundreds of force reports, we met with community members, city officials in each of the police unions, we visited each of the city's 22 police districts, went on 50 ride along's, spoke to 340 members of the cpd from command staff to line officers. we also met with over 90 community organizations and heard from more than 1,000 chicagoans. most of the independent subject

matter experts current and former law enforcement officials assisted. as the attorney general said, we found that the chicago police department engages in a pattern or practice of using excessive force, including deadly force and nondeadly force. this pattern includes, for example, shooting at people who present no immediate threat and chasing people for not following verbal commands. this conduct doesn't only harm residents, it endangers officers. it results in a voidable deaths and injuries and trauma, and it erodes police-community trust, trust that truly is a cornerstone of public safety. we found that this pattern of unconstitutional forces largely attribute all to systemic deficiencies within the cpd and city. we found that cpd does not adequately train its officers to use the appropriate amount of force, for example we observed training on deadly force that used a video made decades ago with guidance inconsistent with both current law and internal policy. we found that cpd officers do not fully report their uses of force, and that supervisors are

not appropriately reviewing these uses of force. we found that chicago's accountability systems are broken. many complaints that should be investigated are not. and when investigations do occur, they are glacially slow and sacked by overwork and under trained investigators, also failed to obtain basic witness statements and evidence. officers are too rarely held accountable for misconduct, and when they are discipline is unpredictable and ineffective. we found that cpd's approach to data collection on the use of force prevents cpd from spotting dangerous trends, responding with remedial training, and sharing information that would be useful to the public. we found that cpd's promotion systems are not transparent. and we found that cpd is failing to provide officers with the support that they need to deal with the stress and trauma of their jobs. we make these findings acutely aware that this is a time of significant challenge for chicago residents. >> jenna: that is a headline coming from the justice department today in the city of chicago after a 13 month investigation, the announcement

as this, that there is reasonable because, according to the justice department, that there has been excessive use of force, in violation of the constitution by the chicago police apartment. this investigation came after the shooting of leconte mcdonald, he was the 17-year-old that was shot by a chicago police officer, and when that video was released in 2015, it sparked a series of protests and riots in the street, because the video contradicted what the officer said on the street, and it led to a bigger conversation about the chicago police force and sparked this investigation by the justice department. while you are hearing about the department of justice's findings on their investigation into the chicago police to parma, i think a few members are relevant as well, to get an idea of what the chicago police department is confronting. since january 1st of this year, there have been more than 100 shooting victims in the city of chicago, where only date 13, and last year, overall, more than 4300 shooting victims in the

city of chicago. you know, we've reported that, violence is a big issue in that city, and you as an attorney watching the justice department and their investigation, i'm sure you have observations from what we've just heard. >> gregg: you've got to feel for the chicago police department, they are fighting a losing war on the street against gangs and gun violence, it is now the murder capital of the united states, sadly. now, what happened here is a consequence of occurred back in 1991 in los angeles, the beating of rodney king, so outrage the nation, congress passed a law that gave authority to the department of justice to go into a city and community to investigate police practices. and if they find a pattern of excessive force and poured police supervision, the department of justice has the authority under court order to institute reforms, changes, better supervision, often times the doj will do it themselves.

and if the city doesn't comply, the city can be sued, they can lose federal funds, all kinds of things it can happen. >> jenna: so that is the consequence eventually of the findings. >> gregg: chicago will comply with this because it is in their own interest to do so, the institute reform. it is happening all over the nation in big cities, baltimore is another example, they now have to capitulate the oversight of the federal government and make sure that police are not engaging in patterns of excessive force. >> jenna: so that is in the news this hour, we will continue to watch the press conference, and if anything else happens we will bring you news. in the meantime it is interesting to note that the department of justice it is investigating chicago, the deferment of justice itself is under investigation by the inspector general, you have seen the headline suggesting the inspector general is also looking into the director of the fbi, james comey, but not only the fbi, but the justice department as well. it's all related to the way that the fbi and the justice department handled the investigation of hillary clinton and her use of a private server and her emails. so we are going to pick it up

from there, stand gold marker is our chief white house correspondent for "political," and kaitlyn is here. thanks for sticking with us as we turn back to one of the big stories of the day. shane, what is the best outcome for the american people based on this investigation? we are looking a lock into the politics of it, but i'm serious on your take for the best possible outcome for america? >> i think that the country is hoping for answers to clarify whether james comey followed the mandates of his office, and whether he handled the situation properly and correctly. you know, the clinton people had a lot of complaints leading up to this in the election, and now the politics have been reversed, and trump and his campaign team don't want to see the straight through the mud further, more information about this coming about. so really just clarity on why he came out publicly and in late october and made a huge announcement that shook up the race, and whether he performed his job as expected. we do this has been debated a

lot, what is a timeline for this? >> well it is unclear when the ig will reach his conclusion, but it really is interesting that this is coming up. you can look at this on one hand, those who were thinking about supporting clinton or didn't end up supporting her were kind of worried about these continued investigations coming up throughout her presidency, even though this is mostly focused on fbi director comey and his handling of the investigation. on the other hand, you do have supporters of donald trump, and donald trump himself, really kind of anxious about the questions about the legitimacy of his election, and that has come against the backdrop of the russian hacking issue, so you have all of these kind of things, all of these questions still out there. and i think that is why to shane's point you are seeing some reluctance, i should say, or it's not like trump is very excited about this kind of thing. you have seen him tweeting and talking about how he won the

election. >> jenna: you point out an interesting question, and that is the question of timing. a week before the inauguration? this is when we hear about this announcement? what about the timing? >> yeah, also the timing is critical because donald trump is taking over the federal government soon, and so it's a question of whether this investigation will continue. now it will unless they intervene in some fashion, but that is ultimately up to the new attorney general, which is more than likely going to be jeff sessions, and these are more questions he is likely to be asked both on the hill and throughout the rest of the confirmation process. >> jenna: and caitlin, that is why there is accusations of politics at play because of the timing of this. go back to that point that you are making, what do you think is notable about it? >> well, you do hear from clinton former spokesman, brian fallon, saying that this investigation is warranted, and you still have democrats blaming fbi director comey in large part

for the election loss. and so i think you are going to hear from democrats in support of this investigation, particularly since it focuses on comey. my question is whether this continues to raise questions about uncertainty involving the selection, and that is something that is already hovering over the trump administration as it prepares, as the president-elect prepares to take the oath of office a week from today. and so it's really interesting in terms of timing, but again to shane's point, the questions remain about whether donald trump will support this continued investigation, particularly since there will be a new ig, presumably, under a trump administration. >> jenna: we will see what happens, thank you so much. >> gregg: plenty of fireworks at president-elect trump's first post-election news conference, what is it mean for the press corps and the american public

and the white house coverage over the next four years? our media panel is here to weigh in on all of it.

>> thank you very much, it's very familiar territory, news conference, because we used to give them on a daily basis, i think we probably may be won the nomination because of news conferences, and it's good to be with you. we stopped giving them because we were getting quite a bit of inaccurate news, but i do have to say, and i must say, that i want to thank a lot of the news organizations here today, because they looked at that nonsense that was released by maybe the intelligence agencies, who knows, but maybe the

intelligence agencies, which would be a tremendous blot on their record if they, in fact, did that. a tremendous blot. because a thing like that should never have been written, it should never have been had, and it should certainly have never been released. >> gregg: president-elect donald trump in one of his calm her moments, sparring with the media this week in his first post-election news conference. at times blasting a couple of media outlets for their reporting on what he called a fake story, and perhaps giving a vivid preview of his relationship to come with the white house press corps. let's bring in our media panel, judith miller, pulitzer prize-winning investigative reporter, fox news contributor len sweet is with us, washington bureau chief of the "chicago sun-times." good to see you both. buzzfeed just credited itself by publishing the conscience of the salacious, unverified report, but that is different than what cnn did, which simply reported that mr. trump had been

presented with a brief summary of it. it turns out, the story of that is true, that cnn was accurate. james clapper says so. is it wrong for the president of the united states to ridicule and domain of legitimate news organization for telling the truth? >> i think we know the answer to that, think you for asking, and i bet both of you are going to agree, of course you should stick to the facts, and i know jim acosta of cnn was trying to set the record straight at that press conference. >> gregg: was he rude? >> i've been to a million press conferences in my life, and this is not even close to rude. i come up from chicago press conferences, okay. please. have you ever seen me? >> gregg: you don't throw things. >> please, and reporters have thick skin. really? i remember press conferences where this would have made this

look like kindergarten or something. so what makes this different, though, is that most press conferences are not nationally televised, and these are kind of very different entities that do violate social norms of behavior, but we are not at your house over dinner. so the point isn't i think rudeness, per se, but if you're going to criticize the media, have your facts straight, and there is a big difference between what cnn did. >> gregg: i'm glad you said that, because cnn is now saying, look, the problem here is not their reporting, but that trump comes out there and he doesn't have his facts straight, he doesn't have a command of the facts, and they say look, this is a consistent pattern. is that a fair point, judith, and if so, isn't that a recipe for disaster in the relationship? >> no, it's the recipe for exactly what we can expect in the next four years. and it's a recipe for what has gone on in the past four years.

under president obama. i should say, eight years, when he attempted to delegitimize fox news as fake news. he didn't use that term, but that is what he said, fox was not a real news organization read why did he say that? because he didn't like being challenged. he didn't like being asked the tough question, the same thing is going on now with donald trump and cnn. he didn't like the fact that cnn reported that the president and he had been presented with a summary of those salacious details in the memo, that that constituted real news. he is trying to delegitimize the two institutions that can really hold him accountable, one is the intelligence community, and two, the press, and we have to stand together and offend one another when no one is violating any standards, as cnn was not. >> gregg: the irony is that trump is the beneficiary of tremendous press coverage but he had his rhetoric is also

belligerent toward the media. is this an ugly love-hate relationship here? >> i don't think it's neither love nor hate, i think it's a relationship in progress, and it's not obviously evenhanded. trump was able to during the primary command a pulpit, partld outlets that wanted him to call in and talk about anything. without in the early days, without being properly challenged, and i say this across-the-board to everybody who got those early televised interviews, where it was kind of like fun and games when no one thought he was a serious candidate. well now he is going to be president a week from today. we will be covering his inauguration. you can only play against the press so long, and i say this, i think i said this the last time we're together. what will happen soon as he is going to have policies that will have to be developed, written down on a piece of paper, taken up to capitol hill, see if he can get them past, or he will

write regulations. >> gregg: no, he is going to tweet his policies. i've got to leave it at that, you guys. we have breaking news with the doj, judy and lynn, thanks good to see you both. speak to the fbi director under the microscope right now over his agency's handling of the hillary clinton email investigation, our legal panel will weigh in on that, also the three cabinet nominees, who could join the long list of american leaders who have achieved the ranks of eagle scout. we will talk about that ahead. ♪ it's not just a car... ♪

the es and es hybrid. this is the pursuit of perfection.

>> jenna: right now, a two alarm fire at a bus terminal in detroit is expected to disrupt service for the rest of the day. the fire breaking out early this morning at a terminal on the city's east side, minor explosions reported, as crews worked nearly two hours to put out the flames. officials say about ten buses were buses, an investigation now under way into the cause of the blaze, all of today's routes will be covered, but some writers might field delays. >> gregg: more on our top story, the inspector general, supposedly independent entity at the department of justice,

launching an investigation into fbi director james comey and the doj's handling of the hillary clinton email probe, so an investigation into the investigation. let's bring in the former federal prosecutor, good to see you both. the inspector general is a guy by the name of michael horowitz, he is a political appointee by president obama, so there is some alleged bias there, but it gets worse than that, it turns out that horowitz serves not once, but twice, in bill clinton's department of justice at the top levels. isn't this guy himself horribly convicted, shouldn't he recuse himself? >> well, he should. if there's going to be in ig investigation, and i've done a bunch of these when i was a federal prosecutor working with these offices in the justice department, but if we are going to have an investigation, let's have a full and fair investigation, and the problem with that is once you pull the

pin out of that grenade, the shaft not just kind of goes everywhere, and people may get hurt. there's a lot of things to talk about, there is a meeting with loretta lynch and bill clinton, there is a published report that six trilevel attorneys had recommended indictment. there's a lot of things to talk about, and if we are going to do it, let's do it right. >> gregg: but loretta lynch didn't want it done right, actually. there were repeated calls on capitol hill for her to point a special counsel that would be selected by a three-judge panel at the court of appeals, somebody neutral, but she wouldn't do it. is that likely because she didn't want somebody neutral, she wanted somebody like horwitz, who is arguably compromised? >> i mean, i think that the political motivations are on dp or, if it we've got a history of political motivations, we've got a history of mr. comey actually investigating clinton. he was involved in so many of the prior investigation, almost all of them, so we've got political motivations on both sides. but the question is going to come down to whether or not he

violated the hatch act. well, they've got to be able to prove that if two violated that he actually had the intent to influence the investigation, or the election. so the question is not whether or not he influenced the investigation, whether or not he did wrong, but whether or not he actually intended to use his power and use his position in order to influence the investigation, and i just don't think they will be able to prove that. >> gregg: the investigation of comey by the ig is getting all the attention, but there are a couple of other things that republicans wanted that the ig is apparently going to do, he is going to investigate the wife of comey's second-in-command, who took campaign money from a friend, ally, going to investigate whether one of loretta lynch's aids was a mole leaking information to the hillary clinton can plan, but shouldn't this ig, if he is really going to be fair and impartial, shouldn't he be investigating loretta lynch, who meets privately on the tar met with bill clinton just before an announcement is made as to

whether charges are going to be filed, shouldn't that be probed? >> it should be, it's all part and parcel level thing, and i saw story yesterday on the internet, you can believe everything you read on the internet, that loretta lynch was going to stay on as clinton's ag had she been elected. the bottom line is this, after the election the president-elect came out and said look, we're not going to go any further with this email investigation, yet it is the democrats who kind of keep picking away at the scab trying to continue to keep this thing open, and the fact of the matter is that all of this is kind of a logical consequent, and ethics and what is going to look in the mirror on the democratic side and say, for the first time in the history of the republic, we nominated someone who is under an investment fbi investigation. could you imagine in 1968 with the republicans knowing that richard nixon was under investigation for watergate could put him up anywhere question where people would've thought they lost her mind. so this is all a logical consequent of something that happened quite friendly could have been avoided. >> gregg: actually after loretta lynch messed everything up by meeting with bill clinton, which is against, by the way,

department of justice regulations, she allegedly recused herself, but if the same time she said she will abide by whatever comey decides. well, it's not his job to decide whether to prosecute hillary clinton. so by shifting her responsibility to comey, isn't she also violating other rules and regulations? >> definitely, and that is what we are seeing here, we're seeing people who want a certain outcome politically shifting the responsibility to someone else. we are sort of saying, look over here, oh wait, look over here. and the question is, is horwitz actually going to be able to be independent when he is investigating comey? he's got such a history with the clintons, but lynch does, too. how are these folks independent and how are they going to reach an independent conclusion that they can actually investigate a case independently and make a conclusion and make a recommendation for some type of punishment? >> gregg: you know, "the wall street journal" is calling for comey to be fired or

to just resign into a solid favor, according to "the wall street journal." in part because,," "he invented a previously unknown legal distinction between gross negligence and extreme negligence to equip clinton, and insisted no reasonable prosecutor would press charges against her." is "the wall street journal" right about that? >> i'm not so sure about that, i think from all people i know -- >> gregg: there were hundreds of prosecutors that would have brought that case. for comey to say no reasonable prosecutor would do it? >> i think that's wrong, i know we have had public reports at six trial-level attorneys did want to do it. so the fact the matter is that i think he was upon in a bigger political game, and i think that for him to lose his head would be inappropriate. the irony of all this stuff, had they convened a grand jury, greg, as you know as an attorney, under the grand jury rules, everything would have been secret. for comey to release anything at that point would've been a violation of the law, so that came back to bite them.

>> gregg: it appeared that the department of justice not only refused to issue subpoenas and warrants, but they wouldn't allow grand jury, because, republicans say, the fix was in by loretta lynch. last word. >> i think that we are going to see a lot of political motivations here, and i think it's going to be interesting to see whether or not trump actually follows up, because what they are doing is making recommendations to the president, he is the one that is going to be able to decide whether or not comey actually deserve something. >> gregg: good to see you both, thank you. >> jenna: a big story there we will continue to watch come in the meantime, former exxon ceo rex tillerson, senator jeff sessions, congressmen all nominated to be a member of president-elect trump's cabinet, but there is one other thing of the three all have in common that dates back to their youth, we will get into that. plus you seen this video a little bit early, but this is what's going on, one snowboarder managed to live through this worse-case scenario, we will show you the entire video and explain ahead. i don't know why i didn't get screened a long time ago.

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>> gregg: right now some heart stopping video of a snowboarder in canada living through an avalanche, you can see it here, the snow is cracking underneath his snowboard, sending him on a dangerous ride. yeah, you get the feeling it's a bit scary there. he said he immediately deployed his safety backpack, made to save lives in this exact situation. when it was all over, not only survive, he was unharmed. safety packs, they save lives. >> jenna: unbelievable. well trump nominees rex tillerson, senator jeff sessions, governor rick perry, and congressman sabia seven ryan zinke all have something in common, they all have achieved the rank of eagle scout.

the four are just the latest leaders have a background in scouting, in fact eagle scouts have played a major role in american history, and you will be so surprised at some of the statistics, we are joined by the author of "legacy of honor," and another name, by the way, alvin, someone that is very recognizable to all of us, also an eagle scout that just wrote something for your book, tells little bit about that. >> jenna, it's always good to be with you, and we are really excited, secretary of defense, robert gates, just wrote the new introduction to "legacy of honor," the first book i wrote about scouting, and we are really honored to have him in his name on the front cover. we also have jimmy carter's name on the front cover, and that reminds me about one of the great things that scouting brings to the country, it is one thing that america can agree on. a democratic president, republican secretary of defense, agreeing about the same institution. >> jenna: that is a relief, especially after the weeks in the weeks to remind ourselves of the common ground. you had some incredible numbers about the disproportionate amount of eagle scouts that have

led or played a role in american history, tell our viewers a little bit about that. >> exactly, it's absolutely extra ordinary, if you read the new introduction at secretary gates wrote for the book, you will read what his perspectives are on leadership, and scouting produces leaders, and it produces men, young man, to go want to do great things because they are driven by a great work ethic, by a sense of responsibility, and a duty to others and their country. and so you look at the united states naval academy, where i will speak this weekend, and between ten and 12% of each graduating class are eagle scouts. same thing goes at west point, u.s. air force academy, i was in west africa meeting eagle scouts in the peace corps, and 10% of the male peace corps members in the country of west africa, were eagle scouts. and now we see four eagle scouts nominated for these cabinet positions with the trump administration. >> jenna: it's interesting, because eagle scouts are present what, just a small percentage of our general population? >> they represent less than 0.4%

of our general population. yet they represent those extraordinary percentages at academies and leadership. if you going to communities around the country, you will see really great people who may not be famous, may not make it on fox news, who are eagle scouts just doing great things for their communities. >> jenna: it may shock you, i was not a boy scout. but i do know that an eagle scout is a big deal. i probably couldn't explain why. what do you need to do to become an eagle scout, and why does it matter? >> what you need a lot of grit, so basically 4% of all boys i join scouting reach the rank of eagle, and he have to do it by the time you're 18. and it's something that stays with you for the rest of your life. rex tillerson and jeff sessions and ryan zinke and rick perry, they weren't eagle scouts in the past, they are eagle scouts, and they have the same values, they are trustworthy, loyal, healthy, the duty to god and country, the fellow citizens, they understand the idea of citizenship and the

idea of service and the idea and practice of leadership. >> jenna: let me stop you there just to get more specific, only about 30 seconds, but you have had conversations with a few of them, and i'm wondering if you could pick one and how that experience inference to te rest of their lives. >> i've had, i've chatted with michael bloomberg and ross perot, secretary gates and rex tillerson and jeff sessions, and some of the people that have been eagle scouts. one of the things that rex tillerson has talked about is his experience in the northern tier in minnesota canoeing one summer. he was a little scout on an adventure expedition, and he couldn't carry his canoe from lake to lake. his brother scouts, who were three or four years older than him, helped him carry the canoe, they taught him how to carry it, and by the end of that 10-week expedition, he had the ability and the confidence to go out and carry that canoe and be a leader in that troupe and the confidence he received their as he will tell you, influence the rest of his life. >> jenna: nice to have an anecdote like that, it reminds us that they are real people

trying to do extraordinary things. alvin, thank you so much for your time, appreciate your book, best of luck speaking at the naval academy. we will be right back with more "happening now" ." many people clean their dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope, we can see all the bacteria that still exists on the denture, and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria.

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>> gregg: let's take a quick check of what's ahead on "outnumbered" top of the hour, what is coming up? >> we are excited, to see you, gregg. the new controversy that's rocking washington, the head of the fbi now under investigation for his handling of the investigation into hillary clinton's emails. why some people say they believe this is really aimed at the incoming president. >> plus, with just days left, president obama saying that some of his defeats stem from bad p.r., so was a just bad messaging, or were voters not buying it? >> if you're honest munication scheme what are you thinking? all of that, plus #oneluckyguy, "outnumbered" at

the top of the hour, i will give you a hint, bk is in the house. >> gregg: bk? >> not burger king. >> gregg: i was getting hungry. >> he's one of our favorites. >> gregg: i thought i was going to get a whopper or something. okay, thanks. >> jenna: president obama is ending the so-called wet foot, dry foot policy, allowing cubans to make it into the united states to stay in the country legally, the move coming after months of negotiations with the cuban government, steve is live in photo with more. >> jenna, this is really a sudden move by the u.s. government, and it really wipes out a law that has been on the books for 20 years. it allowed cubans who reached dryland in the u.s. making soil able to stay in the u.s. without a visa, and basically to become permanent residents within a year. there were years that if the negotiations became public it could spark a mass exodus of cubans getting on rafts, risking their lives, that is something neither side wanted to happen, but a lot of cubans on the

island knew this could be coming when negotiations started to pick up some steam, so really we have seen a spike in cubans coming to the u.s. in the past year, more than 50,000 coming in 2016. the big question now is, what will happen to cubans who are returned to the dictatorship island by the u.s.? really cuba has given no guarantees now, and a lot of human rights workers say there is concern and fear on the island as to what will happen, many saying the suddenness of this movie is simply not fair. >> to just forget about the issue that the cuban people had lived 60 years of oppression, and they have their families divided, and they have no hope of things being changed in cuba, just to forget that becomes an accomplice to what they are gog to go through for the last six decades. >> president obama already reversed 50 years of cuban-american policy when he opened the embassy in havana,

now with one week to go in office, another big move on cuba. jenna, back to you. >> jenna: again, thank you very much, we will be right back with more "happening now" ."

>> some breaking news, that went by very quickly, that is the end of the hour, but we will see you back here and one more hour. >> we will, "outnumbered" starts right now. >> harris: fox news alert, with just one week to the hour before a new closet into sworn in, another political bombshell is engulfing washington. the department of justice is expected or general is announcing he will investigate the fbi director, james commies, handling of the probe into hillary clinton's youth's use of a private private email server. and as late october public letter about the case, which reignited the democratic nominees email controversy just days before the election emma he's going to look into that, too. this is "outnumbered," i'm harris faulkner, here today is meghan mccain, host of "after the bell" right