you've got. call the number on your screen. 877-225-8587. that's all the time we have left. thanks for being with us. see you tomorrow night. preside. here's martha. >> martha: breaking tonight, brand-new revelations from the russians about talks that their people had directly with the clinton campaign advisors this time. and health care with flash, as they tell us who wins and who loses. newt gingrich with his take on that in moments. both of those stories and this shocker from the white house that went a bit under the radar today. watch. >> today, we are beginning the process of a long-overdue reorganization of our federal departments and agencies. we have assembled one of the greatest cabinets in history. i believe that so strongly. and we want to empower them to make their agencies as lean and effective as possible and they know how to do it. >> martha: he is talking about

doing something that never, never happens in washington, folks. healy is telling the people around the table, his cabinet, to cut their agencies, in some cases, by 20%, so, and one day, we are talking about rolling back the biggest entitlement of our time, obamacare, and cutting the size of government. this is important because this has never, never done in washington. republicans don't do this, democrats definitely don't do this. so, welcome to the first 100 days, everybody, i am martha maccallum. it is day 53. >> there is duplication and redundancy everywhere. billions and billions of dollars are being wasted on activities that are not delivering results, for hard-working american taxpayers. this order requires a fair examination of every executive department and agency to see where money is being wasted, how services can be improved, and whether programs are truly serving american citizens.

>> martha: imagine that. joining me out to talk about all of this, former speaker of the house i'm a newt gingrich. good evening, good to have you. >> it is good to be with you. >> martha: listen to president trump. >> by the way, what you just pointed out was really important, you hit it right on the mark. this is potentially a really big move to gain control over their bureaucracies, to shrink the government, to eliminate waste, to empower the president's appointees to really go out there very aggressively. do the kind of entrepreneurial job that donald trump believes in, not to waste any money, to run a streamlined, efficient organization. if they can keep driving it, that will be a very, very major change in washington. >> martha: this is an executive order today that got almost no attention. certainly, it made me sit up and park at my ears when i was listening to this. i thought, wow, i don't really

think if any of the other people on the republican side running head won we would necessarily be having this conversation. the proof will be in the pudding, as you well know, whether or not he can pull this off as a whole another thing. nobody shrinks the size of these agencies, no one rolls back entitlements. will he be able to pull this of off? >> when you look out, for example, cutting back some of the costs for the brand-new air force one, cutting back some of the costs for buying the f35 fighter plane, every time you turn around, trump is doing something. this is what people don't get to. it is not about right or left. he is an entrepreneur. he gets up every morning and he tries to figure out five or six or eight things he can do that are real, that change things, move us in the right direction. his instinct as a businessman, the reason he ended up being worth so much money, is he is very frugal. he came in under budget, head of schedule.

you look at the new trump hotel and pennsylvania avenue where the post office was, they did a wonderful job, ivanka was in charge. they did a great job. they came in under budget and ahead of schedule. he will try to bring that attitude to the entire u.s. government. >> martha: there is a lot of business people around the table. he was criticized for putting so many business people in the cabinets. they understand that cost cutting and decisions that ceos have to make every day. we will see if it gets anywhere. mr. speaker, stay with us. i want to get your reaction to another big story tonight, a spokesperson for the kremlin says that russian officials did not just meet with members of president trump's campaign, they also met with members of the clinton camp. doug mckelway places out for us tonight from the state department. >> hi, martha. these comments basically confirm what many defenders of attorney general jeff sessions have said all along, and what sessions has said, it is not unusual for a sitting senator, a high-level

campaign advisor, to have a meeting with an ambassador, even if it is the ambassador from the soviet union or russia. putin's a spokesman was sitting with many would regard are simply obvious. >> if you look at some people connected with hillary clinton during her campaign, you would probably see that he had lots of meetings of that kind. there are lots of specialists, people working in think tanks, advising hillary or advising people working for hillary. >> we reached out to former clinton campaign spokesman about those comments, who told us, "it is not true," which is why they are were using the word probably. others said it was not the meeting that sessions had with the russian ambassador, but is poorly constructed response to a question during his confirmation hearing for minnesota senator al franken. here it is. >> if there is any evidence that

anyone affiliated with the trump campaign communicated with the russian government in the course of this campaign, what will you do? >> senator franken, i am not aware of any of those activities. i have been called a surrogate at a time or two in that campaign and i did not have communications with the russians. i am unable to comment. >> in the flurry of criticism that came after that remark, it came to light that many democrats had also met with him. house minority leader nancy pelosi denied meeting the ambassador, but politico found a 2010 photo with him. same with chuck schumer. senator claire mccaskill tweeted that despite despite having been on the arms committee for ten years, she had never met with him, she apparently forgot a 2010 tweet. indeed, in the midst of all of the sessions controversy, the ambassador was photographed of

the speech that president trump gave to a joint session of congress surrounded by democrats. martha, back to you. >> martha: back with more, newt gingrich. but you make about that? >> this is the sort of stuff that leaves the average american to be sick of politics. the democrats and the whole case are just flying. they know that it is routine for a u.s. senator to meet. the truth is, the only person who is getting direct money from a russian company that came in, close to a campaign, john podesta's brother, who was paid over $100,000 by a russian bank to lobby for them in washington. this whole thing is infuriating. you take a guy like jeff sessions, a very honorable, very hard-working man. he wasn't precisely to the question being asked, which clearly is campaign related, and

he gave a campaign related answer. had he been asked, have you ever met a russian ambassador, he would have said, sure. as a u.s. senator, of course i have. this whole thing, it is infuriating. by the way, secretary clinton, going back to find out, how many times did she have dinner with the russian foreign minister? how many times did she have meetings? how many times did you meet with the russian ambassador? >> martha: both hillary clinton and candidate trump said they wanted to start over with russia. they thought there might be areas where they could compromise, discuss. i don't think it is all that shocking that either side would have had some sort of outreach to try to fit see whether that might work. before he let you go, i want to get your thoughts on the scoring by the cbo, do you like it or not? >> they should abolish the congressional budget office. it is corrupt, it is dishonest, it was totally wrong on obamacare by huge, huge margins.

i don't trust a single word they have published. i don't believe them. >> martha: the head of it is a trump appointee. in many ways, i think people misjudge what they are supposed to do. their job is to figure out whether or not this is something that can get through on reconciliation. not to make a judgment. >> let me be very clear. i helped balance the budget four straight times, we thought the congressional budget office every time. when obamacare came out, they used the architect of obamacare as their advisor on how to score obamacare and their scoring, you go back and look at it, it is a totally dishonest, disgustingly wrong, and that whole thing should be abolished. they should replace it by putting out the bed and having three to five professional firms score these things. nobody has an exact score. it is not possible. even tonight, dr. tom price, secretary of health and human services, pointed out that there are whole sections of us probably didn't score.

i really do think it is disgusting. i am disappointed that the republicans are not abolished the congressional budget office because it is so profoundly dishonest. >> martha: more to come on that could. newt gingrich, thank you very much. >> thank you. >> martha: breaking just moments ago, the justice department has responded for any and all information on president trump's allegations that president obama was spying on him during the campaign. judge napolitano with his take on what they said. plus, two exclusives for you tonight. first, sandra durand was killed by a drunk driver who had been deported five times from this country. her fiance joins us as he decides to speak out tonight. also a new documentary about the hours leading up to michael brown's death in ferguson, missouri, in 2014 has created a firestorm. the filmmaker behind that film joins us. before the prosecuting attorney reacts. >> i couldn't believe what i had

read. michael was in the store the night before he died. they saw the video tape and i didn't us. guess what, st. louis county? guess what, st. louis county? i have got the ♪(music plays) ♪ heigh ho ♪ heigh ho ♪ heigh ho heigh ho it's off to work we go here's to all of you early risers,

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>> martha: breaking tonight, moments ago, the justice department responding to demands for the doj to come forward with any and all information on president trump's allegation that president obama was buying or wiretapping him during the 2. chief intelligence correspondent catherine herridge's life in washington on what what the dos thing about this on this evening of this deadline. >> thank you. within the last hour, justice department spokesman confirming that they have asked the committee for more time to review the request and determine if documents exist. in the meantime, the white house spokesman telling reporters the president tweet was not meant literally. >> the president was very clear in his tweet that it was wiretapping, that that spans a whole host of surveillance options. the house in the and it come intelligence committees, when i'll look into that. provide a report back. >> house intelligence committee deadline comes just one right before the first public hearing on the russian investigation.

including fbi director james comey are invited witnesses. the committee's ranking democrat believes the fbi director may be eager to testify. >> the press reports are accurate that he asked the department of justice to knock this down. they refused for whatever reason. he may welcome the opportunity. he'll certainly have that on march 20th. >> moments ago, we received this statement for the republican chairman, who wants documents, it reads in part, "of the committee does not receive a response by then, the committee will ask for this information during the march 20th hearing and may resort to a compulsory process if our questions continue to go unanswered." we are told tonight that specifically issues issuing subpoenas. >> martha: thank you. here now, fox news senior traditional analyst, judge andrew napolitano. good to see you. what you make of that latest report? >> i don't know that the justice department has watched the

intelligence community wants. sources have told fox that if then mr. donald trump, the president-elect, was surveilled as he says he was, during the campaign, after he was elected, it was found by a foreign intelligence entity from a foreign country, an ally of ours, the british foreign intelligence service, known as gc hq, the initials for that entity. that entity was able, then, to bypass the nsa, the cia, the dni, and the doj, the entities in the united states that would have jurisdiction. >> martha: you are suggesting that president obama went beyond our own intelligence agencies and through british surveillance, received the transcripts of phone conversations of a trump campaign was having? >> business what sources him intelligence have told fox. just to give a little background, the nsa has 24/7,

365 access to all the computer servers and telecom service computer in the united states. >> martha: metadata. >> correct. they can download into digital form the conversations and the text. they don't have time to read all of that. but they have access to it. guess what foreign entity has access to the nsa database? this british spying entity, gch gchq. they could have obtained this information, sources tell us, translated the raw data into actual transcripts, and shared it with someone and that the west wing. it probably wouldn't have been with the president personally, because he wouldn't want anybody to say that i met with a british spy in the white house. it would have gone through someone in the white house. >> martha: he wouldn't require a fisa order, he could get that directly. he could just call up the intelligence agencies and say, i would like to see that agency. >> there is a paragraph in the fisa a statute, says,

notwithstanding, the president of united states may order surveillance and any person in the united states. >> martha: they have to be a perceived security threat, i would imagine. >> yes but he doesn't need to persuade anybody of that other than himself. now, -- >> martha: there is no evidence of that is what happened. >> correct. the ability would be there. >> the ability is there. according to the sources with whom fox has spoken, that is not what happened. for him to do that, there would be a record of his ordering the nsa took off of these transcripts. by going through foreign entities, and the foreign entities, another foreign entity, besides the gchq, between the white house on the gchq, by going through that route, all of these people whose faces were on the screen, jim comey, sally yates, running the doj at that time -- jack brennan was running the cia, admiral rogers, they could all plausibly and illegally and truthfully say, we have nothing to do with it. >> martha: that's a lot.

we will see. interesting. thank you very much. good to see you. still ahead, "the first 100 days" with an exclusive. after surveillance video featured in a new documentary about the 2014 death of michael brown in ferguson, missouri, has touched off a huge round of controversy. the man behind that documentary is here tonight with us. after that, we will speak with ferguson prosecutor bob mccullough to react. a prominent u.s. attorney asked to resign from the doj, but he claims he was fired. we will tell you why critics call the latest act of political grandstanding in the age of trump. marc thiessen and moa leafy debate. joining us next. we'll be right back. ♪ la quinta presents "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly

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>> martha: no reaction tonight to a dustup that might have been viewed as business as usual after any other election. president trump, like dozens of new presidents before him, requested the resignation of the u.s. attorneys appointed by the previous president. the attorney for the southern district of new york, however, refused. instead, forcing the administration to fire him. critics now charging this act of defiance by an obama appointee is nothing more than a political grandstanding.

for more on that part of the story, we are joined by chief white house correspondent john roberts at the white house. >> good evening. we are trying to find out exactly the answer to that question as a standard procedure or political grandstanding. no one has given us a full accounting. hard as we might have tried. here's what happened come on friday, the attorney general, jeff sessions, ask for the resignation of the remaining 46 attorneys, that are mated a fellow named preet bharara, the u.s. attorney for the southern district of new york. asking them for leather art letter of resignation was unusul because on november 30th, then, president-elect donald trump asked him to come to trump tower, where, and a meeting, according to bharara, the president asked him to stay on. let's take you back to that day. >> i said i would consider staying on. i agreed to stay on. i have already spoken to senator sessions. as you know, the nominee to be the attorney general. he also asked that i stay on. >> so, bharara believed he would be the u.s. attorney for the

southern district of new york for some time to come. what we heard, the attorney general ask for the resignation of all these u.s. attorneys, we thought that ed is a pro forma thing, ask bharara for the resignation letter. he is not going to accept it. now, bharara, as far as we can understand, did not submit a letter of resignation. on saturday, he tweeted out that he had been fired. adding to the intrigue, the fact that a couple of days before bharara was fired, president trump called him to speak with him. i asked the press secretary, sean spicer, what that call was all about. listen. >> can you tell us what that was about? >> the president was calling to thank him for his service. this is a standard, as i say, a standard action and takes place most administrations. then attorney general, almost identical letter in 1993, the bush administration center of a similar one, as well. this is a very common practice.

for all political appointees. >> spicer claims it is a common practice. he mentioned janet reno in 1993 asking for letters of resignation for all of the attorneys. among the attorneys was the former u.s. attorney for the southern district of alabama, jeff sessions, who is now the attorney general. he is on solid ground, spicer, when he says that this is standard operating procedure. we still don't know, martha, why bharara was asked to stay on, then, ask for the resignation and later, fired. nobody is saying but both sides are digging in their heels, saying, this is what we are saying and nothing more at this point. >> martha: thank you so much. john roberts at the white house. with more on this, marc thiessen, former chief speechwriter to george w. bush and mo elleithee, founding executive director of georgetown university's institute of politics and public service. welcome, gentlemen. good to see you. so, it is a little bit of a strange twist on what we usually

see. where do you think happened here? >> i think they decided to get rid of the attorneys, preet bharara wasn't targeted specifically. they asked for everybody's resignation. trump was probably calling to explain that he had changed his mind. he wouldn't take the call. when he got the request to resign, he wouldn't cement his resignation. it is kind of outrageous. the fact is, as was presented in the opening segment, every president has done this. jeff sessions got fired as a u.s. attorney. i don't know who this guy thinks he is that he can resist it. the larger question is, is donald trump allowed to staff is on his administration? on capitol hill, the democrats are slow rolling not just his cabinet nominees come up with a sub cabinet nominees, hundreds of positions to run the federal government. now, they are creating this fake news outrage, about him firing preet bharara. these people serve at the pleasure of the president, with the president's pleasure ends, so does their service.

>> martha: i don't know whether he had told others in that group that they could stay and then changed his mind. i don't know, mo, most people in america really care whether or not he gets to keep his position, if everybody else is going, it seems that is the president's prerogative. do you smell anything more than that? >> 100%, the president's prerogative. 100% common practice for this to happen, as has been noted several times. this feels a little bit different, kind of raises three issues in my mind. one is the mass demand for resignation that asks people to clear up by the end of the day. that is not always normal. most of the time, presidents will, they will demand a resignation letter, but then, will stagger the acceptance of those resignations until they find the a replacement. the fact that they were asked to leave by the end of the day was

a little bit abnormal. number two, as has been referenced, he did ask preet bharara to stay on. it begs the question, what changed. why did he suddenly decide. it is his prerogative. it raises some questions, which brings me to the third one. that is, that any ongoing investigations or potential investigations that preet was looking at lead to this decision? >> that is one of the questions that is out there. you look at the southern district of new york, it has produced rudy giuliani, james comey, it is quite possible that he is using this opportunity, as was suggested in the intro, to sort of boost his own political profile, which he certainly seems to have succeeded in doing, marc. >> he certainly has. this is launching his next campaign, mayor, governor, whatever it is. the idea that this is somehow affecting ongoing investigations is wrong. what happens, when the u.s. attorney cap and every other administration, when they step down, career prosecutors pick u.

there are zero impact on the investigations. i think what is happening, i think donald trump should be doing more of this. there is an entire federal bureaucracy and a bunch of obama appointees in all these positions, the senate haven't confirmed people, they have all of these holdovers of people borrowing and who are undermining his agenda. he needs people in these positions who are loyal to him. >> martha: thanks, you guys. great to see you both. coming up next, our exclusive interview with the fiance of sandra duran, the woman who was struck and killed by a five-time deported illegal immigrant who was driving drunk. plus, a new documentary has a set up a firestorm of controversy. we are back into this discussion and for good reason. raising new concerns about the hours before michael brown's shooting death in ferguson, missouri. we'll talk with a filmmaker, jason pollock, who says of the new video proves michael brown is innocent.

we'll ask him to explain. st. louis prosecutor bob mccullough who says the video was edited to fit a false narrative. you don't want to miss this. coming up right after this. >> he traded the store a little bag of weed and got two boxes of cigarillos in return. he left it at the store and he went back the next day to pick them up. he did not rob the store.

♪ >> martha: developing tonight, a dude documentary featuring previous unseen surveillance footage has raised some questions about the hours leading up to the 2014 shooting death of michael brown and ferguson, missouri, with touched off so many events in the country. the documentary is called "stranger fruit" and it suggests brown's appearance at ferguson market and liquor was about an exchange of pot and cigarillos. it was not a robbery.

watch. >> and the early hours of auguse mike took his last steps, he went to his local convenience store to make an exchange. look carefully at the counter and you can see a trade is made. mike gives the store a little bag of weed. you can see the employee is smelling it, passing it around. then, you can clearly see mike being given two big boxes of cigarillos. the store clerk puts the cigarillos into a bag for mike with his other stuff and hands it over the counter. mike is about to leave the store but decides to have the clerk called his things behind the counter for him. the next day, with his hands politely behind his back, mike goes back into the store to get his stuff. >> martha: now, but the convenience store in the st. louis prosecutor's office are disputing that footage. they are accusing the film maker by editing the video to fit a narrative. in moments, we will hear some both sides. so make your jason pollock louis county prosecutor bob mcculloch. first, trace gallagher with the

newly unedited footage that was released just hours ago. >> let me just go back and start with a documentary video, which was michael brown visiting that convenience store just after 1:00 in the morning, which was several hours before he was accused of robbing the very same store. if you look, you can see brown grab some drinks and ask for cigarillos. when the clerk bags the sodas and many cigars, michael brown places something on the counter. the filmmaker, jason pollock, says it is marijuana. brown is making a trade. it appears the clerks pick up whatever brown put down and they look at it and they smell it. jason pollock then goes on to say, here is what really happened. a listen. >> of mike traded the store a little bag of weed and got two boxes of cigarillos in return. he left his items at the store and he went back the next day to pick them up. mike did not rob the store. >> county prosecutor because the filmmaker's claim "just a

stupid and nonsense, the poor the edited step it leaves out critical context." we went back. we looked at the entire video sequence and it was agitated. he did leave out context. for example, the filmmaker did not show the clerk talking to michael brown, clearly debating whether to make or trade for whatever he had put on the counter. the film maker did not show the clerk taking back the sodas and the cigars and putting them back on their shelves. the lawyer at the convenience store says brown tried to barter but he failed. listen to him. >> this is the argument that is going on between michael brown and the clerks. what do you mean? you want to barter with me? what you mean i can trade with you? why not? come on, man. the language got heated and it got ugly. >> the filmmaker stands by his claim that the footage would have changed the narrative that michael brown was shot after robbing a convenience store. police say it irrelevant because

the officer didn't stop go burn for robbery, he stopped him for walking in the middle of the street. >> martha: thank you. joining me now is the filmmaker behind "stranger fruit," jason pollock. good to have you here. >> hello. how are you? i am simply stunned by that report. simply stunned. beautiful job. >> martha: have a question for you. to me, what are you proposing, legally? it makes no difference whether a robbery happened or a trade for pot happened or a bank got robbed or he was home doing his homework. what matters is what happens in the street when he and officer wilson and counter each other. so, why have you focused so heavily on what happened in the convenience store? interesting way to phrase this. i have completely agree with you. the reason we put out this convenience store tape now is so that people can get over it. he didn't rob the store.

anyone that sees the exchange that takes place with a conscience, a heart, two mines, and not a bigot, pretty much understands what happens. unfortunately, there are some people in america wit so much bias inside of them that they just want to think that michael brown is a bad guy. yes, let's talk about the physical evidence -- >> martha: they think that michael brown is a bad guy because 40 fbi agents went to ferguson to investigate this case at the behest of eric holder, who showed up almost immediately after it happened. i think it is fair to assume that they really believed that they were going to be able to indict officer wilson, that he had -- >> that is absolutely not true! don't just say that! >> martha: you were just saying plenty of things. the fbi agents went down there, eric holder went down there. >> to indict darren wilson? no way! you know how the system works. these cops get off every single time. bob mcculloch has been the

prosecutor for over two decades. for 23 years -- excuse me. let me finish this. for 23 years, according to "the washington post," there has not been a prosecution of a single police shooting in st. louis county. every single one of them, none of them are indictable? >> martha: it is my turn. you are suggesting that 40 fbi agents -- to ensure -- listen to be. >> they failed. >> martha: it is not possible in your brain that what happened was what was found by both a grand jury and 40 fbi agents, you are discounting, you are saying all that is a matter? their investigation is not true? michael brown did not reach into that car, grabbed his gun -- >> can i speak now? when the facts of this case come out and my film, "stranger fruit," the real facts of this case, the facts of this case that bob mcculloch doesn't want us talking about,

the fact that michael brown was shot in the head and a bullet came out of his side, do you know how that would happen? when your head is down. there is a bullet in the ground. in the report, there is a bullet in the ground by michael browns had. how would a bullet go through here come out of his eye and go in the air? excuse me -- >> martha: they were three forensic investigations that were done. >> i don't care! we failed him! >> martha: they were told that he was shot in the back. >> do you know how many black men are in jail right now? for nothing? for nothing? because the department of justice failed them. you know how many black men are in jail right now? we are okay. my film will show the public the truth, ma'am. if you want to know the truth, you should watch it. >> martha: okay. i don't know why you got so caught up with trading pot or stealing something, completely irrelevant to the outcome of this case. joining me now to respond to this is bob mcculloch, who you

just heard mention, the st. louis county prosecuting attorney, i would imagine, he has a response to a very heated jason pollock. good evening, sir. good to have you here. what do you think? >> good evening. i'm happy to be here. he has his facts wrong, not shockingly. there was no bullet to the ground anywhere here michael brown. there were three separate medical examiners, including one hired by the brown family, they all came to the same conclusion. he is making up facts, as he goes along, to push his film. he's an amateur filmmaker and he is just making things up to do that. >> martha: no police officer has ever been prosecuted for shooting an unarmed person in ferguson, missouri, ? >> ferguson, yes. in st. louis county come i think it's what they are asking. over the years, there have been several shootings, all have been investigating. none of them were indicted.

correct. >> martha: he is claiming that they were underhanded tactics, things were hidden, the story and it the investigation done by 40 fbi agents, overseen by the department of justice and the grand jury, that they all were inconclusive, to make sure that darren wilson was never indicted. >> listen to what you just said and tell me how silly that it is. it really is silly, that somehow, i have this control over the united states department of justice, the attorney general of the united states, the fbi. it is just nonsense. this guy is trying to push his movie, which is made up, makes up the facts. you saw the entire surveillance video from all four angles, unedited. he is trying to strike a deal. >> martha: is there any legal prevalence to what happened in the convenience store? it seems to me that the whole question begins in the street when these two, darren wilson and michael brown, confront each

other. correct? >> it begins there but it relates back to the incident at the store at about noon on that day. if that plays into this. that became relevant to what went on into the street. what happened at 11:00, i'm sorry, 1:00 that morning, was both logically and illegally irrelevant. the material was never presented to the grand jury. that is not something i would be able to use in a trial, had there been any kind of an indictment coming out of this. it is not going to be presented to the grand jury. it is documented. this isn't new information. it's documented in the police report, the conversation the police had with the employees of the store. the fact that we issued a search warrant so they could get the surveillance video that they looked at the surveillance video, examined it, documented that, describe what is on that video, all of which was released, november 24th 2014. it has all been sitting there. open to the world, often to anyone who wants to look at it,

including this fellow. >> martha: bob mcculloch, thank you very much. good to have you here tonight, sir. >> my pleasure. any time. >> martha: coming up next, the unthinkable tragedy of sandra duran, who was killed by a drunk driver on her way home from church with her sister. this band had been deported five times from this country. her fiance, roderigo macias, xi segment on this the other night, and he is joining us now to speak exclusively. we will

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♪ >> martha: an update on a story that we reported out of california last week. an illegal immigrant, who had been deported from this country five times, faced charge of manslaughter and a drunk driving crash that took the life of this mother of two, sandra duran. duran's fiance, rodrigo macias, was watching this program when we initially reported on her tragic death. he reached out to us about representing their family in this case. joining me now, and his "the first 100 days" exclusive, rodrigo macias, fiance of sandra duran, and his attorney. welcome. good have you here tonight. >> hi, martha. >> martha: how low.

rodrigo, i am so sorry for your loss. i read about sandra, she sounds like a wonderful person. as i said, she and her sister were on her way back from church one sunday morning and ben, what happened, tell us? >> it was her 18-year-old son, our 18-year-old son come on the way back from church. what happened was, they were on the way back from church, this illegal immigrants was evading come out ran a red light, instantly killed my fiance, sandra duran. he t-boned her. >> martha: tell me a little bit about her. >> sandra was a great, loving, devoted mother, sister, and daughter. great, great, wonderful person. >> martha: she had an 18-year-old son and a 12-year-old son, is that right? >> yes, we do. a 12-year-old and an 18-year-old. the 18-year-old was in the vehicle when it happened. unfortunately, he saw his mother

dying in front of him. that is very unfortunate. this goes back to trump supporters and his whole policy on sanctuary cities and then, we are victims of this, this happens to us. >> martha: shocking. david, tell me about the suspect, about his history, but what he was doing here and how he could possibly still be in the country. >> like you indicated, mr. alvarado has been deported five times since 1998. he has numerous convictions. somehow, made his way back to los angeles or was let out of jail. the mayor and the police chief of los angeles, mr. garcetti and charlie beck, have basically engineer the sanctuary city in los angeles, and allowed his presence. how many other of them are around or under the same circumstances, posing a risk to innocent citizens like him, we don't know. martha, this is essentially another kate steinle tragedy. the only difference is,

mr. alvarado used a car as a weapon instead of a gun. the tragedy and this is that we are trying to seek justice in a state where it is very difficult. the federal court just dismissed kate steinle's lawsuit, saying that they don't have to notify the feds of deportation. we will leave no stone unturned to try to seek justice for mr. macias and his family. this just can continue to happen. we are confident mr. trump, by the way, who has this as one of his main target, he will help out, passing laws, may be kate's law, may be defunding los angeles from federal dollars because of this policy. he is a wonderful guy with a wonderful family. this should never happen. >> martha: this should never, ever have happened. >> if it was a regular, american citizen, that was born in this country, and had the rap sheet that mr. alvarado had, there is

no way that person would be out in public, he would be locked up in jail after all those felonies. >> martha: gentlemen thank you so much. thank you for being here. roughly 60 million americans right in the bull's-eye of a late winter storm. who is expected to get hit? we will show you what is going on out there when we come liberty mutual stood with me when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance

>> martha: we have a fox news extreme weather alert. a monster storm is making its way up the east coast, impacting nearly one in five americans. here's a look of the current warnings. our nation's capital, and including many cities, right in the bull's-eye. we could get as much is 2 feet, we are hearing. thousands of flights have been canceled for the white house has postponed a meeting between president trump and german chancellor angela merkel. all of that brings us to our quote of the night because we didn't forget. it is by the poet shelley. "oh, wind, if winter comes, can

spring be far behind? "let's hope. let's hope. hunker down, stay safe, everybody. thanks for being here tonight. thanks for being here. i am martha maccallum. ♪ >> tom: welcome to "red eye," hello everyone, i am tom shillue. let's check in with tvs a andy levy over at the "red eye" tease deck. >> andy: thanks, tom. coming up on the big show, sean spicer confronted in an apple store to a woman seeking answers about trump's ties to russia. turns out not everyone in those stores is a genius. u.s. soccer federation bands kneeling during the national anthem. i don't care as long as they don't ban me from changing the channel when soccer comes on.