week. >> a lot, and it's an honor to serve, it really is. i never taken for granted. >> amen to that. we're going to see you on the web in just a few seconds, foxnews.com/outnumbered, click on the overtime tab. for now, "happening now" ." >> jenna: we start with a fox news alert, just minutes away from an off-camera briefing at the white house on a very busy day for the president. >> jon: as well as for us, waiting on new details for the travel ban he just signed come his wiretapping accusations and the obamacare replacement plan. we are covering all of the news "happening now" ." >> unprecedented circumstance. >> jon: president trump accuses former president obama of wiretapping trump tower. the furious tweets setting off a firestorm in yet another congressional investigation. >> jenna: speak of the presidene point is the people deserve to know. >> jon: we take a closer look at the wiretap and what it takes to get one. plus, korea launching more

ballistic missiles as the u.s. in the south conduct joint military tests, what we have learned. and new air strikes in yemen as the u.s. dramatically steps up the fight against terror and that region. it is all happening now. ♪ ♪ >> jon: but we began with a brand-new poll showing a nation divided after six weeks in office, americans nearly split down the middle on the job president trump is doing. welcome to the second hour of "happening now" on this monday, i'm jon scott. >> jenna: i'm jenna lee pair the poll is monmouth university's first since mr. trump was sworn into office and find 43% approve so far, 46% do not. in the meantime, the white house in the middle of a firestorm it seems over wiretapping or allegations of such. now calling on congress to investigate president trump's claim that former president obama had the telephones at the trump tower bug during the election. short time ago, president trump

signing an executive order for a revised travel ban, dropping the number of affected countries from seven to six, iraq is now off the visa ban list. we have fox team coverage, chief intelligence correspondent catherine herridge stepping by with fbi reaction to some expressive allegations but we begin with chief white house grossmont to john roberts on the north lawn with all that is happening today. >> good afternoon to you, this is a complete 180 from the white house that lester was dismissing the idea and need for congressional investigation into all of this because they said there is no there there. now reaching out to say the intelligence committee should take a look at whether or not president obama or someone else in the obama administration ordered a wiretap of the facilities there at trump tower. the president tweeted on saturday and offered no evidence but what he did by doing that is put obama administration officials on the defense, forcing them to prove negative. anyone who has ever tried to prove a negative knows that it's acutely difficult.

kellyanne conway this morning on fox on "fox & friends" said to get up to congress, let them look at all of it, here she is. >> let's investigate this and see where it leads, let's have the house and senate intelligence committees do their work and think about whether to include this that the president has made clear that he would like there to be an investigation of any possible abuses and hopefully that oversight activity will clarify for everyone. >> the white house changing the subject yet again, rolling on the president's new executive order on the immigration ban, some changes from the first one that was on the 27th of january. this one target six countries instead of the original seven, iraq has been dropped because of improvements in screening and reporting, however there will be extra screening of people leaving iraq to make sure that immigrants do not have ties to isis or other terrorist groups. it also does not signal out syrian refugees for indefinite suspension. the rollout on this one much different as well, this will not take effect until the 16th of

march, antedate the press conference you saw there, secretary of homeland security general john kelly said everyone who needs to know is in the loop about it, listen here. >> i have spent much of the day today on the phone with members of congress, the leadership explaining the ins and outs of this executive order and did the same thing last week. there should be no surprises whether it's in the media or capitol hill. >> something curious about all of this, and this was not announced today, it was buried deep in the executive order, sean spicer has been insisting for weeks that they would not rescind or revoke the first executive order, they were going to continue to fight if that case in court in seattle. however, if you look under paragraph 13 in this new executive order, it clearly says that they are going to revoke the original one. there are 48 lawsuits that have been filed against that one. it renders them all moot, though it does not make them go away, so now the department of justice will have to apply to all of

this course to have those cases thrown out, back to you. >> jenna: john roberts, thank you. >> jon: new fallout from the president's claim that the obama administration tapped the bones at trump tower before the election. those allegations presented without evidence apparently even surprising the fbi and the department of justice. fbi director james comey is now asking subordinates to find out who had access to sensitive surveillance information. our team coverage continues with chief intelligence correspondent catherine herridge live in washington. >> thank you. a short time ago, senate minority leader chuck schumer sending this letter to the justice department independent watchdog, calling on them to investigate whether this be the admission ration has interfered or even jeopardized the fbi investigation into russian meddling in that u.s. election. it reads in part "former national security advisor michael flynn was fired because he misled the administration about contacts he had with russia, this week it was revealed that attorney general sessions misled congress about

his own contacts with russia, many questions remain about these issues." the senator wrote, i urge you to look into it quickly and thoroughly paired meanwhile, fox news has learned fbi director james comey has issued what is called a tasking to his subordinates to identify who has access to surveillance warrants from the secret court known as the fisa court. source also telling fox news the director is deeply frustrated by leaks of highly sensitive information that wasn't known only at the highest levels of government. >> the fbi and justice department have been very, very concerned about these leaks on fisa warrants because the fisa court is extremely strict about it. that is supposed to be almost like come to use a catholic term, like a confessional. that is never supposed to be disclosed anywhere. >> they also confirmed a fox news that president trump's tweets caught fbi and the department of justice off guard and that there was no prior confrontation. just a couple details now on that executive order that was signed this morning.

what we learned through background briefings from administration officials is that of the thousand active counterterrorism cases being led by the fbi at this time inside the united states, a third, 300 are focused on individuals who entered the united states as refugees, and we were also told they come from countries on today's list and others outside that region. >> jon: catherine herridge come achieve intelligence correspondent, thank you. so the nation's capital dealing with a full plate right now over wire taping in this new executive order, let's bring in our political panel, aaron blake is senior project reporter for "the washington post," john mccormick senior writer for "the weekly standard." welcome to both of you. john, the president is talking about this wiretapping thing, accusing the obama administration of wiretapping trump tower during the campaign without obviously without his permission. is there corroboration? >> no, there is not.

great report by steve hayes and over what the weekly standard" he spent a week focusing on what we know and do not know, and so far, white house sources are telling us that they don't believe that president did anything to confirm these allegations before he made them, learned them from media reports, and they kind of go back, the source of it all are a few very thinly sourced mostly from british reporters about these allegations of fisa court warrants, maybe they were denied or not granted, really don't know a lot. basically, the president went out saturday morning, submenu delete meg news reports and began tweeting, making a very specific claim that president obama had his wires tapped in trump tower. there does not appear to be right now any evidence that we have on these thinly sourced reports, and whether there was a broader investigation into some of his associates in the campaign, their connection to people in russia, that could be true, but again all speculation at this point, we don't know exactly what to believe, what is

true in what is not. >> jon: aaron, can you add anything to that, what is your take on what's going on here? >> john huddy just about right there, i would just add to that if there was indeed some kind of a fisa ruling that there could be some sort of a wiretapping of somebody in trump tower, something in trump tower, that would be indication that potentially the fisa court saw some sort of probable cause to half that wiretap in the first place so i don't think that something the trump administration would be particularly happy about, but i do think more than anything, this seems to be something that trump passed along from reports he was seeing. there is no evidence this is coming from intelligence sources or intelligence briefings, although his spokespeople left open the possibility this morning. this seems to be another one of his claims that does not have a whole lot behind it, and i doubt he is going to really pursue with too much gusto in weeks to come. >> jon: if there is not a whole lot behind it, john, it is

an awfully explosive charge. >> it's an extreme the explosive charge. it's a very specific allegation that previous president wiretapped the current presiden president's home basically at trump tower, his campaign, so again, this was a wild accusation, especially without any evidence to back it up. >> jon: there was, obviously, some investigation of the president-elect inner circle because that is what snared the former director of national security agency, general flynn, right? >> we don't know the specifics of that, you are right, so it could just be in keeping with the conversation with the russian ambassador, you would expect our intelligence agencies whether it is foreign intelligence or perhaps the fbi is going to be listening into the conversations that the russian ambassador who is involved in spy craft is having with anyone. was it improper that this information was released, the

minimization standards protecting u.s. persons in conversation with foreign nationals, where they properly followed? those are all important questions that have not been answered, but again those are separate from the very specific, very serious allegation that president trump leveled at president obama. >> jon: ray does this lead, the fbi that would do the investigating here? >> congress would be tasked with taking that up, basically they would save they will fold this into their existing investigation which is a convenient way of putting it because there was already an investigation of this, they can fairly say they are looking at this other thing, the fbi director has asked the justice department to weigh in on this question about whether there was a wiretap of trump from obama. we haven't heard anything on that front so far. it would be kind of awkward to have president trump's own justice department basically come up with a statement contradicting something that he said. so we will see what happens with that, but as of now, we haven't

seen anything to substantiate this story, basically trump is putting it -- putting the ball in the hands of congress and asking them to do with it what they will, then they will go from there. >> jon: eventually embarrassing for the president if there isn't any proof. if this is all based on thinly sourced british web sites. >> it could be embarrassing, on the other hand, we have seen many of these types of plans, millions of illegal votes, voter fraud before the election that just did not have a whole lot behind them and generally what happens is they fade into the background and trump may bring them up again one day, but we don't see any kind of follow-through from the white house on them. >> jon: aaron blake, "washington post," john mccormack from "the weekly standard," thank you. >> jenna: with the president's new executive order renewing the debate on immigration, the fbi says they are invested getting 300 people admitted to our

country as refugees in its counterterrorism efforts. here is attorney general jeff sessions. >> today, more than 300 people according to the fbi, who came here as refugees, are under an fbi investigation today for a potential terrorism activity. like every nation, the united states has a right to control who enters our country and to keep out those who would do us harm. >> jenna: breaking this down further come home and security officials tell fox news these 300 individuals represent nearly one-third of the fbi's 1,000 ongoing domestic terrorism case cases. >> jon: president trump with a do-over on his travel ban, but will the new version go more smoothly than the first or does it still face challenges in the courts? paralegal panel with a closer look at the details. plus, the shadow world of wiretapping, what would it take to make it happen? our next guest knows. she obtained fisa warrants when

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>> jenna: welcome back, everyone, fbi director james comey is reportedly asking the justice department to reject president trump's claim that he was wiretapped at trump tower under orders of former president obama. that accusation, as you know, is raising ulcers of questions on how wiretaps are legally authorized for this is likely to come of this are when white house press secretary sean spicer has an off-camera gaggle of reporters today, but right now we have a guest he has exec we have some of these requests were, wiretapping, et cetera. she is a former fbi agent who special in counterintelligence, now at yale university and we are lucky enough to have her for a few moments to talk about all of this. i want to point out to him my viewers, we are saying reportedly a lot because, quite frankly, we have depended on reports peer there is very little factually what we know, so that is what i want to deal with with you. as someone that has requested a fisa warned, can you walk us

through the most basic of terms? what is a fisa warrants, when do you get it, how is it approved? >> saw a fisa warrant basically allows the government to conduct electronic surveillance on a target by getting a court order, which meets a certain probably delete my probable cause standard that the culprit is engaging in foreign intelligence activity which is basically they are spying in some way. it's a pretty elaborate process. it requires a lot of levels of approval between the fbi and department of justice, and ultimately have to get signed off on by a federal judge sitting in a fisa court which is a secret court. >> jenna: we don't even know exactly where it is. let's say there was a fisa warrant request on me, there was concern that i was committed kidding with someone inside syria. so fisa warrant is issued. i was just curious how far that goes. i am the subject of a fisa warrant, but what goes to have

been to that members of my team at "happening now" for example or the place i worked at fox news if there is supposedly some communication between me and a foreign agent of some sort, how much data is actually collected, and what about how my team is treated? >> okay, so let's rewind for a second. being a u.s. citizen, which i assume you are, the standard to get a fisa warrant on you would be very high. it would not be enough that you were just in communication with somebody under investigation, they would have to be more evidence they are that you are acting on their behalf or doing something for them. so let's say that standard was met, and they started recording your phone conversations at work. the people around you, if they were captured in those communications, there is something called minimization which means that there surveillance has to screen out anybody who is not actually a subject of the investigation. so there is a lot of protections put into place to protect fourth

amendment rights and the bar to surveilled u.s. persons in particular, which includes citizens, permanent residence, is very high. >> jenna: so when you saw the story emerge this weekend, all this conversation about eight fisa warrant, whether or not it was issued, number one, most of the time, that would be classified, kept secret from the public? >> that is right. >> jenna: based on your time at the fbi, can any surveillance be done of an american citizen without a warrant? >> no. congress has spoken very clearly on this issue. so if it is a criminal investigation, they can get what is called a title iii warrant, and you have to show that the target is engaging in criminal activity or has engaged in criminal activity in to do a foreign intelligence warrant, you have to go to a fisa court and get an order there. these are basically the exclusive means by which you can surveilled u.s. persons on u.s.

soil. >> jenna: some other questions regarding the nsa, but stick with the fbi because that's your expertise, going back to the example that i am doing subbing nefarious, i am not, just as an example. some is doing an investigation of me, they picked up that jon scott is somehow running a gambling ring, he is also not doing that. how is that information treated when by accident something is found out about another american citizen? >> so after 9/11 actually, congress clarified the fisa statute to allow for any information that is gained in the course of a fisa on criminal activity to be used in a criminal investigation. you might have heard back at 9/11 about the wall, in the wall was what prevented this kind of information from being shared, so they broke that wall down. yes, something like that would come up could be used in a criminal investigation. >> jenna: interesting, so many more questions, i know we've just brushed the surface, but i

hope you come back so we can talk about it, we appreciate your expertise, thank you. >> i would love that, thank you so much. >> jenna: a lot more coming on "happening now," be back soon. ahh, sir?

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>> jon: north korea testfired missiles into the sea of japan, to u.s. defense officials tell us these exercisers are nothing new, but they are still spiking anger and concern. those tests come days after north korea promised rich valuation over u.s.-south korean military drills which it sees as preparation for war. michael singh is former senior director of middle eastern affairs at the national security council and managing director of the washington institute. so these missiles, they flew about 100 kilometers, is my

understanding, about 60 miles, how big a deal is it? >> the big fear when we see something like this is that it could be an icbm, intercontinental ballistic missile. based on the data you cited, the initial information coming out, it does not seem like this was in any way related to an icbm test, so that is a little bit of a cause for relief. frankly, not much because we have seen a really rapidly increasing pace of these kinds of missile tests from north korea, and there is tremendous wary they are still behind the scenes working on an icbm that could pose a major throat the mack threat u.s. cities. >> jon: whenever they get unhappy, they tend to do things like this to distract the world's attention from their own behavior, their own activities, the accusations right now that kim jong-un's half-brother was assassinated by north korean agents. is this part of that, or are

they really that upset by u.s.-south korean exercises? >> the exercises have been a thorn in the north korean side for a long time for your absolutely right, the pattern with north korea is they tend to do provocative things like this in hopes of then getting somehow rewarded, sanctions eased that we are hoping will throw them a bone of some kind. they may have something different in mind right now. south korea itself may have presidential elections as early as next week, it looks pretty likely those elections will be won by someone who takes a softer stance toward north korea. it may be that in fact this missile test was relatively mild, relatively nonprovocative to avoid strengthening hawks or hard-liners in the south at the time. >> jon: there are reports they were basically old scud missiles, so there would not be any value to the north koreans in testing them, ride? it's really just a show of force, showing that we are still

here, we matter? >> it is hard to say definitively because missiles are a highly technical exercise, highly technical enterprise. i don't think we will know for at least several days exactly what north korea may have been doing here as information starts to roll in pear you want to look at things like any videos released by north korea, the logic sites, any further telemetric data that we get. there's a lot of information that goes into figure out what exactly was up here. >> jon: does this warrant any kind of response, retaliation by the united states? >> i think we certainly want to see statements from the white house, from the state department reiterating our policies on north korea. you don't want to hear silence, of course, the initiation of this kind of thing happens, we want statements from our partners as well because we want a unanimous message to the north koreans. overall, this very rapid pace of missile testing and perhaps approaching icbm testing this

year certainly do warrant a lot of concern and new policy, a tougher policy perhaps. >> jon: michael singh from the washington institute, thank you. >> jenna: after seven years of waiting, republicans finally seem poised to repeal obamacare. i live on capitol hill with the latest, but other aircraft targeting al qaeda inside yemen, why the war against terror is taking on such new urgency there. we will take you there.

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>> jon: new developments now and the effort to repeal and replace obamacare with republican lawmakers said to unveil their plant this week. chief congressional correspondent mike emanuel live on capitol hill with that. >> good afternoon, here we go, this is expected to be a critical week in the republican effort to repeal and replace obamacare. two key figures to watch critical for the trump administration's effort to repeal and replace our dr. tom price and mick mulvaney, price is the health and human services secretary, mick mulvaney is the budget director, both are former house members and both expected to have dinner with president trump this evening. some sticking .7 tax credits to help people buy insurance, how to handle the medicare expansion that came with obamacare, words the tax on employer-provided plans, and the chief committee member says they will get it done. >> we are moving ahead for

delivering for president trump the repeal and placement of obamacare. i don't know about the political theatrics, but house republicans are focused on delivering for the president. >> he says rand paul has been critical saying that all the republicans want to repeal, but there is disagreement over how to replace it. paul has warned this could turn into obamacare light, and another g.o.p. senator said republicans are not unified. >> there is not a consensus at this point. it is very complicated, and we should not rush it. we need to get this right. >> once the language in the bill is unveiled, perhaps some of those concerns will be addressed. a critical week as house ways and means and energy and commerce get crack at this critical legislation. >> jon: what a week ahead, mike emanuel, thank you. >> jenna: this is a little bit of an overlooked story, new military action in the fight against al qaeda and the arabian peninsula. with the u.s. dramatically ramping up efforts in yemen.

there are more u.s. air strikes today targeting the al qaeda group there in that country, the u.s. has conducted nearly 50 air strikes in yemen this year alone, the most in yemen since the war on terror began in 2002. joining is now, katherine zimmerman, senior analyst on al qaeda at the american enterprise institute, great to have you on our program. interesting to look at some of these numbers, take a look over the years about what our operations have looked like inside that country. what do you make of the ramp up of drone strikes thus far? >> it is clear that the current administration wants to do more against al qaeda which has expanded its base significantly in yemen under the civil war. i think they are seeing drone strikes as the answer. we don't really have any forces on the ground, and we are partnering with the ones that you have forces there, but they are not able to hit al qaeda everywhere that it is. >> jenna: this is your area of expertise, can you help explain to our viewers al qaeda and the arabian peninsula, what

particular threat that thread poses to our nation? >> clearly, a qap is best known for its underwear bomb which are put in the air on christmas day and 2009, that bob did not go on, a qap try to get multiple times after that. so this is seen as the al qaeda branch that is most set on attacking the united states. >> jenna: over the last several years, what has happened to the group, it has a grown in strength, gaining support, as we focus on syria and the middle east, what's happening in yemen? >> aqap expanded dramatically when the civil war started, last year, the groups moved in and reduce their control of terrain, took away yemen's third largest port city that aqap had held for a year, but they're not actually going after the year limit area where they are strongest, the historical safe havens and as we know, al qaeda is very good at getting support from the people by providing pragmatic means.

>> jenna: there is no functioning government really in yemen right now. talk to us about the different foreign hands involved. obviously, we are doing drone strikes inside the country, highly publicized raid as well inside the country, you mentioned others, what about the iranians or saudi's? >> one of the things that has been playing to the a key advantage is this ongoing saudi-iranian conflict inside of yemen. it became life when the civil war started, one of the factions received iranian support in saudi arabia was leading against the faction to reinstate the internationally recognized government, so we are seeing multiple wars spinning inside the country, and that his only helping aqap growth. >> jenna: in some cases they are providing basic services to people, water for example, electricity, and when they come through, they are the strongmen in the community. so what do you think is the end goal and yemen, what is our

priority there? >> our priority right now, it appears to the united states, is to push back on iran's expansion and also to pushback on al qaeda's expansion. the talk we hear now with policy seems to be very focused on two groups. i think the issue as they are not focusing on the war, it is how the war itself has empowered both of these groups so until we have a strategy that is looking to de-escalate conflict, we're not going to see long-term effects. >> jenna: what you're saying is we can do as many strikes as we want but if they're still continued chaos on the ground, there's the opportunity for terrorism to continue to grow. >> exactly. >> jenna: you're waiting for a bigger strategy, in the meantime we look at the numbers, more increased tension and yemen, we will be watching. great to have you on the program, thank you. >> jon: president trump signing the new, revised executive order on travel and immigration today. the president signed it off camera assistant secretary of state and others in his administration unveiled what is in it. major differences in the new

order and whether it will hold up in court. our legal panel ways in. plus, the hunt is on for a robbery suspect who not only stole beer but something else as well. what police have to go on. and once we do, we see wonder waiting. every step you take, narrows the influence of narrow minds. bridges continents and brings this world one step closer. so, the question you asked me. what is the key? it's you. everything in one place, so you can travel the world better.

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♪ >> we told you about in our first hour of "happening now," president trump signing a new executive order on immigration, notably excluding a rock from the list of predominantly muslim countries in the original order. attorney general jeff sessions speaking out about the order a short time ago. >> the executive is empowered under the constitution and by congress to make national security judgments and to enforce our immigration policies in order to safeguard the american public. our founders wisely gave the executive branch the authority and the duty to protect the nation. >> jon: some visa and green card holders from the band

countries getting special privileges in this new executive order, allowing them to remain in the u.s. but will it hold up in court? joining us now, our legal panel, jonah, former prosecutor and criminal defense attorney and philip, former assistant district attorney, former jag in the u.s. navy and former officer and legal advisor to a sheriff's department in georgia, thank you both for being here. from what you can tell, does this new order pass muster, will the supreme court -- i guess i should say appeals court let this one go? >> i believe it well. the president's job this time around was to take what was previously a valid executive order and make it bulletproof. from the sounds of it, he tweaked it enough so that it will withstand scrutiny. don't get me wrong, there will be litigation because the president cannot let his nose without someone wanting to sue over it, but we will not see a wholesale ban or estate of this executive order as we did the first one. >> jon: philip, do you agree?

>> i agree it is illegal in the president has the authority to do it. i think congress has plenary power in the area of immigration, they delegated that power to the president of the united states. it was wielded the same way some 19 times during the obama administration, using the same provisions of federal law. i think it is beyond question that this is legal. i am skeptical, however, that some plaintiff somewhere may not find some activist judge somewhere like the ninth circuit which has been reversed over 80% of the time, the second highest in the states, if they find an activist court, we may still see ourselves bogged down in more litigation over this immigration order. i hope not, but it is possible. >> jon: sticking with you for a second, the attorney general said it is quite clear in the constitution that the founding fathers gave the president the responsibility to protect the country. what is it about this order that

a court might find that he is not allowed to do? >> i don't think there's anything in the order itself let the president isn't allowed to do. i think it might be a stretch if you were to just be looking for some kind of argument to make to say, look, it is arbitrary. the president has no reason to pick these particular six countries. that is about as close as i can come, and that is a stretch, defined any legal argument against it because the constitution and the law that delegates the authority to the president doesn't really say what standard the president has to use, it just as when the president determines an individual or class of person is a possible dude mike is a problem, he has authority. >> jon: the original order had an indefinite ban on syrian migration into the united states. this one lifts that. it lumps the syrians in with the

other countries and says this will be a 90-day temporary ban. does that help his legal argument? >> i believe it certainly will. the biggest problem he clarified, and that was the legal permanent residents were getting caught in the net the first time around. now it is crystal clear that they are exempted from the new and improved order. the syrian refugees will be treated the same as other refugees for a period of 120 days and this will probably help the most, were not really going to roll it out until the middle of the month, so there won't be any chaos at the airport which prompted all of this extreme litigation on the fly as there was the last time. >> jon: it also blocks people who did not have a visa, valid visa as of january 27th, which was the day that the original order was rolled out. philip, does that make sense to you? >> it does, what that does is it basically says, all right, were going to go ahead and honor those visas that that court had said was somewhat in limbo,

clarify that, to get off the table, keep those it valid. it also says according to my reading of the order just a few minutes ago that if you have a valid visa on the day the order becomes effective, ten days from now, you can still come in. i think it eliminates any real question about who is covered, who is not covered, and so i think that this order will pass muster. i think it's going to be just fine in the end as long as we don't have an activist court that gets involved. >> jon: one of the reasons the trump administration gave when it trotted out this order the first time so quickly and without a lot of pre-notification was that they said they did not want a bunch of terrorists jumping on airplanes and trying to beat any kind of ban. now that this has been made so very public, does that argument in any way lose some of its appeal? >> you have to hope that the people who are actually administering the order -- the order is a piece of paper. people on the ground who actually make sure they do what

the order tells them to do. so hopefully they will do their job to the best of their ability. also, there is a little bit of a gap between because the new order is supposed to apply retroactively so there might be some terrorists who raced to get visas in this gap. period into them i say, too bad. yosi 1182 gives the president the right to do this and those are the few people that might make the most noise initially. >> jon: go ahead, philip quickly. >> there is no guarantee they're going to be issuing any new visas of the next ten days anyway, so that right there might make the whole thing moot. >> jon: that could be issue, thank you both. >> jenna: some labor leaders cautiously warming up to the prospect of working with president trump as he continues to make decisions that seem to benefit unions. a closer look at the future of labor under the trump administration ahead. like what? like a second bee helmet with protective netting.

or like a balm? you know? or a cooling ointment for the skin. how about a motorcycle? or some bee repellant. i'm just spit-balling here. nothing stops us from doing right by our customers. ally. do it right. told you not to swat 'em. and i finally found our big idaho potato truck. it's been touring the country telling folks about our heart healthy idaho potatoes, america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again.

>> hello, everyone, i am sandra smith for the white house press secretary is briefing the press right now off-camera. we will talk to our own john roberts as soon as he is out to see if we get any new information about the president wiretapping allegations against former president obama. plus, we had our research team take a closer look at the fisa court and how one goes about obtaining a wiretap. and what are the major differences between the new travel ban and the old one? we will explain on "america's newsroom hq" in just a minute. >> jenna: president trump and labor unions finding common ground as he continues to stake out on orthodox positions on trade and infrastructure spending, unorthodox to some, but some labor leaders say they are still skeptical of the r. trump in motives after rocky

his first days in office. taking a deeper look at this, our chief washington correspondent james rosen joins us with more. >> good afternoon pick by most accounts, richard nixon's reelection landslide in 1972 mark the only time a modern g.o.p. nominee has won the labor vote. if president trump is to make similar inroads, it will almost assure that private-sector unions like those represented the coal miners buckham last month to the roosevelt room, there he signed a bill eliminating an obama era rule promulgated by the interior department offering reclamation and enforcement. it required coal companies to monitor water quality near minds and restore equality after their mining is completed. the head of the union said recently that president trump thus far to the unionized working men and women of america has presented a mixed bag. >> what he did on tpp was good. the thing he is trained to do with infrastructure is good. there are a lot of those things. then on the other side come he

puts in people who are pretty antiunion. >> last year according to federal statistics, the number of wage and salary workers belonging to unions declined to 14.5 million come a drop from the year before of just under a quarter of a million people. the bureau of labour statistics told us that the total number of america's unionized labor force is almost evenly split between public and private sector unions with roughly 7 million in each sector. in november, fox news exit polls said among 18% of voters who admitted to having an union member in their household, it was 51% for hillary clinton, 42% for donald trump. that marked a drop of five percentage points from their share of president obama and 2012. the peak of american union membership was back in the mid-1950s when more than one-third of all u.s. wage and salary workers belonged to one. >> jenna: thank you. >> jon: now this fox news alert, the actor and host of

thompson turner classic movies robert osborne has died at the age of 84. osborne died at his home in new york after a long illness. he was also a host on the movie channel. he came to fame as an actor on the series about what the californians" also "the beverly hillbillies." then had a long career as a film reporter and received a star on the hollywood walk of fame in 2006. why are you deleting these photos?

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>> jon: well convenience store robbery turns messy in phoenix when a perp tries to stop a group of teens from stealing beer. take a look. surveillance video shows the three boys walking out of the store with the beer. investigators say when the clerk tried to stop them, the teen threw the cans even the display, at him. police are asking for the public's help in trying to identify the three. >> jenna: a sea turtle's expensive taste lands her in the hospital.

listen to this back story. her name is bank. apparently she ate coins in bangkok thailand over the years. the coins formed an 11 pound ball that cracked her lower shell and caused an infection. she had to get surgery. isn't that sad. >> jon: we hope bank is okay. a baby giraffe makes its public debut. dobi had some health problems but he is doing much better now. this is not the pregnant giraffe that's got so much attention in new york. dobi makes his home in the mile high city. >> jenna: there are a lot of giraffes being born. we don't want to confuse our viewers. >> jon: next time one is born, we will let you know. >> jenna: we covered a lot of ground this hour, don't you think we have? >> jon: let's take a break and turn it over to somebody else. >> jenna: "america's news hq"

starts right now. >> sandra: president trump rolling out the executive order on travel. the new measure including some key changes meant to withstand the court challenges that stalled it the first time around. i'm sandra smith. we do have team coverage for you on this and president trump's allegations of wire tapping by former president obama. chief intelligence cord spopbt respondent katherine herige has more. we begin with first chief national correspondent ed henry. ed, good to see you on this monday afternoon. what are the biggest differences between the two executive orders? >> well, it's interesting sandra. democrats are out of the box trying to frame this once again as a muslim ban, while the white house is insisting, no, no, stop that, it is not a muslim