we are back online tomorrow at noon eastern, right now, "happening now" ." >> jon: we begin with a fox news alert, president trump just signed a new memorandum he says will show his administration it is fighting for american workers. >> jenna: calling it historic day, he authorized the commerce department to see if blocking enforcement of steel could be considered a matter of national security. recovering of the newest "happening now." >> obamacare is the law of the land, we will be living with it for the foreseeable future. >> jenna: that may not be the case, republican moderates and conservatives may have struck a new deal to replace obamacare. plus, it is not business as usual at the u.n. how ambassador nikki haley is trying to change the tone toward israel. and... >> i giving a speech, what are they going to do, arrest me? >> jenna: and coulter refuses to back down after her event at berkeley is canceled. it is all "happening now." >> jenna: >> jon: we begin withs

fox news alert, president trump ramping up his american first policy by champing american steel. welcome to the second hour on this thursday, i am jon scott. >> jenna: i'm jenna lee. president trump calling for investigation into chinese steel import practices that many say have decimated the american steel industry. the congress department will lead its investigation and wilbur ross made for restructuring corporations including many steel companies. >> jon: meantime, attorney general jeff sessions and homeland security second john kelly are touring the southern border as they focus on combating illegal immigration. >> jenna: chief white house correspondent john roberts joins us now with more. >> good afternoon, the president taking more steps this afternoon to protect american jobs and industries as well as make sure we are viable in terms of our national security, signing that executive order just a short time ago to launch an investigation into whether cheap

imports of steel -- not just china, but talking about other countries around the world, are hurting the steel industry. being framed as a national security issue because the president wants to make sure that the u.s. steel industry stays robust enough to be able to ramp up steel production for critical infrastructure, military hardware as well. he wants to build a lot more ships, build more tanks and planes as well to rebuild the u.s. military, they don't want to have to do it with imported steel. one of the things the president is going to be taking a look at here with the commerce department is whether to oppose tariffs to bring up the price of imported steel more in line with u.s. steel and keep the u.s. steel industry viable. listen to what the president said just a few moments ago. >> from now on, we are going to stand up for american jobs, workers, security, and for american steel companies and companies generally. today's action is the next vital step toward making america

strong and prosperous once again. >> a lot of american steel could go into that planned border wall and border security is also on the administration agenda today, attorney general jeff sessions and the dhs secretary general john kelly are going to the border in el paso, texas, today to have a look, they will be in san diego tomorrow. there is a living funding fight in week, and one of the centerpieces of that fight is the border wall. it is a fight that could actually shut down the government if they do not come to some sort of agreement between republicans and democrats. the attorney general told fox news the construction of a border wall is integral to our immigration policy. listen to jeff sessions here. >> i think the border wall needs to move rapidly. it will be the final affirmation that the illegality is over. the numbers have dropped significantly, but if we do not follow through and back up what he promised, than i think we can see these numbers rise again.

>> the way the border wall is at the center of the funding fight over whether or not to shut down the government, the president is insisting on including $1.4 billion to begin construction of the wall in the budget measure. the democrats are bulking over that. they don't want to give even a single penny to construction of a border wall, so next week, a big fight in congress over funding and whether the president can push it to the point where the government will shut down, we will see. >> jenna: very interesting, we will watch these moving parts, and meanwhile, you can see steel stocks are taking off because of this information and someday we can watch as we continue to watch wall street as well as washington, d.c., thank you. >> jon: president trump facing off against a familiar figure in a high-profile immigration case, it is brought about by a so-called dreamer who is suing the u.s. after being deported back to mexico. the federal judge hearing the

case, gonzalo curiel, if that sounds familiar, he presided over the trump university case and was criticized by then candidate donald trump because of his "mexican heritage." steven dimon is political editor for "the washington times" ." there are a lot of things in this case, top to know what's going on and that is what the judges responsibility will be, but the story of the government is telling and the story that this so-called deported dreamer is telling, those two do not match up. >> not at all, real quickly. the case before the judge is actually a freedom of information act request where the dreamer is trying to get the information on his case. it's not actually about his deportation at this point, though that is likely to come later if he actually challenges his deportation. right now, he's trying to get all of the documents from the government that led to his deportation in february. he says that he was apprehended

in february 18th by officers, agents, and deported then tried to sneak back into the country and got deported again even though he was approved for president obama's daca policy, the deferred action policy that should have allowed him to stay here. border patrol agents said he did have that but by leaving the country and coming back in, he actually made himself ineligible. they can find no record of the first deportation he is talking about, saying at some point he left the country and tried to sneak back and which goes against the policy, that is why he invalidated himself essentially, and really it is night and day, the difference between the two stories. we will have to wait for the government to produce that evidence to figure out exactly what did go on. >> jon: he has something of a checkered past when it comes to law enforcement. >> that is right. the immigrant rights advocates have been searching since trump took office, searching for a poster child, if you will, for a harsh immigration policy, something to use to attack

donald trump. they thought they found one back in february, that case did not pan out very well. they seized on this case of mr. montes, this dreamer, it may not be the best choice for them. he has three different convictions for driving without a license, and he got a shoplifting conviction on his record last year. as we said, the fact his story does not match up with the border patrol story may not be the best case for them to use as a poster child for someone who should be here. looking at his record, i actually cannot even figure out why he was approved in the first place for the policy, given some of his earlier deportation history going back to 2010, as best i can tell, he should not have ever been approved by the obama administration and the first place. >> jon: meantime, the long promised beautiful wild that candidate trump talked about is not going anywhere, at least not in the near future, and yet border crossings are down tremendously. why? >> this is stunning. i've been covering this issue for 20 years now. if you asked me six months ago whether we would see anything

like this, i would have told you there is no way. were talking about depending on where you do the comparison as much of an 80% drop in the first few months of trump's administration compared to where illegal immigration was, say, a year ago across the southwest border. the main reason as you said, we have not even got a single mile of the wall built yet, it is just tough talk from president trump. for years, literally decades, the bush administration and obama administration said there is nothing we can do, these folks are built into the equation, they're going to come no matter what our policies are, we have to adapt to that and go around the edges, but donald trump said i don't believe that, we can change, and the calculations they are making an south and central america, turns out he was right, literally just tough talk if you come here, i'm going to send you home, has changed the calculation for these folks. they are paying up to $8,000, that is more than twice what they were paying a year or so ago to snuggle up here.

if you are paying $8,000 to smuggle here and not sure you are able to stay, that is a really risky calculation for it would be illegal immigrant, more and more of them are saying we will not make the journey in the first place. >> jon: does it have anything to do with the u.s. economy? the jobs they used to be seeking may not be available? >> that was part of the issue back in the last decade after the wall street collapse. we did see a drop in the number of illegal immigrants attempting to cross and the number that were actually in the u.s. already, so the job collapse at that point it affected but right now, the economy is doing pretty well. there are jobs apparently they are to be taken, so i would say that was in effect five or six or seven years ago, not so much now. i guess the other aspect, the other reason i'm convinced it is the donald trump rhetoric is the other part of border security is drug smuggling and so if the border really were more secure, then you would see a drop in both the amount of drugs coming across the border in the number

of people. we've seen a drop in the number of people but not in the amount of drug switches my conclusion that it really is the tough talk, new sheriff in town that has changed the calculation of the immigrant but obviously the smugglers are still making profits off that smuggling, they are still able to get their contraband across. >> jon: political editor at "the washington times," thank you. speaking of the biggest newsmakers in the immigration debate, be sure to watch "the first 100 days" tonight, martha maccallum will interview the secretary of homeland security, john kelly. and attorney general jeff sessions, 7:00 p.m. eastern right here on fox news channel. gronk secretary of state rex tillerson slamming iran and the deal and curtailing its nuclear capability, the trump admeasure ration now planning a full review of foreign policy toward that country as one american family fights for the release of two relatives currently imprisoned. rich edson is a lie from the state department with more. >> good afternoon. secretary of state rex tillerson has given the most aggressive and strongest remarks and

statements toward the iran nuclear deal, he says essentially that the iran nuclear deal while iran is compliant with the nuclear agreement, it is still an agreement that will lead to iran getting a nuclear weapon, so that trump administration has put forward a review of the nuclear deal calling into question really whether the administration long-term plans to adhere to that agreement. iran has not responded to the secretary of state's comments, the foreign minister of iran has just tweeted "iran deal obliges u.s. to support successful implementation including in public statements and to refrain from adversely affecting normal trade post quote. tillerson's point as the secretary of state is essentially iran is using this agreement among a number of other issues whether it is funding and promoting extremism around the world or jailing american citizens and iran, and that is something the secretary spoke to yesterday. there are two american citizens,

iranian-american, father and son who are in prison and iran, and they say they want the trump administration to help get iran to feed their family. >> i cannot begin to articulate the feeling of hopelessness, of despair, of sheer fear of what my family is going through. every day, i wake up and i wonder if today is the day i'm going to get bad news. >> he says his father has a heart condition, time is of the essence here and by the way, president trump, then candidate trump in october tweeted that iran has taken yet another prisoner, another american captive and that would not happen under his administration. he was talking about this case. the family is now saying they want that trump and initiation to back that up and hoping they

get results soon with their family imprisoned in iran. >> jenna: we certainly understand that, thank you. >> jon: a former cia officer in legal limbo now. she's making a personal appeal to president trump. catherine herridge is next with a fox exclusive. just as neil gorsuch is hearing his first case on the supreme court, but could there soon be another opening in the highest court in the land? we are live with that. all finished.

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>> jon: right now a former cia officer faces a legal gauntlet. previously she was spared jail time in italy over the secret rendition program put in place by the u.s. after the 9/11 attacks. now she might be forced to testify to italian lawmakers about that program in public. this as president trump is is that to meet with the italian prime minister this afternoon. chief intelligent correspondent catherine herridge is live in washington with more on

this very strange case. >> thank you and good afternoon, former cia case officer sabrina de sousa speaking out about her decades long ordeal after an italian court convicted her in absentia along with two dozen others connected to the juice out 2003 government second kidnapping of a cleric abu omar. under the president bush post 9/11 rendition program, he was snatched from milan, italy, and flown to egypt where he claims he was tortured. the evidence was weak, he was eventually released, but sabrina de sousa says she is still living a legal nightmare. facing jail time in italy, the trump admeasure ration including current former cia director mike pompeo interviewed, her sentence was reduced by she must still return to italy and likely testify before their government. >> several members have been pushing the italian intelligence services for release and destructive mack declassification of documents. >> will it be damaging? >> it will be for most countries

because right now, italy, the previous prime minister head state secrets over everything italian, in the u.s., everything is classified. >> de sousa says the issues are much bigger than her single case, emphasizing the prosecution of cia officers and diplomats by foreign governments has set dangerous precedent. >> why does your story matter? >> it matters because it sets a precedent, and it's a president we should not have set in the first place. number one, for cia officers to know that they are protected and they take great risk, and also for all diplomats around the world, convicting a u.s. diplomat is quite serious because it impacts all u.s. diplomats but all of the knots around the world. >> and an interview with bret baier earlier today, the italian prime minister was asked about her case. he said the italians believe the issues have been resolved entirely and he was not aware of

this request to testify before italian lawmakers, so it still seems complicated. >> jon: catherine herridge, thank you. >> jenna: republican lawmakers taking another crack at healthcare apparently and according to one report, they may be close to a deal. does it have a chance of making it out of the house? our panel ways and next on what we know about this plan. also, recent violent protests at uc berkeley apparently influencing the school's decision to cancel a planned speech by a conservative commentator. but ann coulter says she does not need their permission. >> one of the excuses was we need more than four weeks to prepare for a speech like this. no, you're worried about violent protesters, you want to give them about 4 minutes, four hours, do not give them four weeks to prepare to come protest and shut the thing down.

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>> jenna: this fox news alert, republicans have hammered out some sort of plan to repeal and replace obamacare at least according to one new report that claims the party is closing in on a compromise for key issues like pre-existing conditions and essential health benefits which cover services like prenatal care, emergency room visits. the amendment would initially keep boast -- keep both provisions and case but allow states to get waivers if they feel they have better options just serve people better. joining me as a former campaign manager for howard dean and david, chairman of a pac. we don't have details in front of us, these are just reports on reports, quite frankly. i'm curious what you have heard from fellow republicans, do you have the sense they are closer to being somewhere with something that could pass the

house? >> closer, but as we have seen, all of this can fall apart. though i will say this, to my fellow republicans, if we do not pass the bill next week, the president and congress should bring up a bill every month until we get the votes to pass healthcare. >> jenna: why? >> we were elected in part to repeal and replace obamacare. american healthcare both access and quality will continue to get worse the longer obamacare stays in place. >> jenna: joe, what do you think about that? >> i think it was a mistake to try to make this happen in the first 100 days, and it's a mistake to have it happen by next week just to get in the first 100 days. the last bill did not pass because it was a bad law, it did not make much sense. people were against a lot of it, and one of the things everybody could agree about it was that it at least was going to reserve

pre-existing conditions and if your child was 26 years of age or younger, they could stay on your healthcare. if the state waiver report is accurate, that would give states the right to decide not to cover pre-existing conditions. which was the one thing everyone could agree they wanted to protect. this does not sound like a very good idea. getting it done in 200 days or 300 days and getting it done right is where most americans are, but trying to do it fast and getting it wrong, i'm not sure -- did make it out of the house, but i don't think it will get out of the senate. >> jenna: there are two parts of that, the actual substance to what the idea is about these waivers, but also about the process of whether or not the house can start the process and end up with a better product just by at least moving one bill through the house. i want to talk to you about the substance because the kaiser family foundation in response to seeing these early reports is

not happy with this plan, "the huffington post" is detailing some of their thoughts on it. here are some lines from "the huffington post." the reality is insurers would be able to effectively deny coverage by pricing six people out of the market. if that is the initial report about what it is apparently the report about this plan, do you think what joe has described is not ideal for republicans to get behind? >> it is only part of what the plan is which is they can ask for waivers, but if they do, they must join a high-risk pool that is set up by the federal government or they as a state must do it. the point that those on the left do not want to bring up is the fact that many of these estates that signed up for obamacare under the fact that the federal government would pay most of the bill for the first couple years are now getting to the stage where states have to take on almost all the cost. states are going to struggle as obamacare stays in place. we don't know everything that is

in this bill that potentially is going to come up next week but let me tell you two things that need to be in this bill. one, there has to be provisions in there that actually get doctors to want to be part of the healthcare system again. we have an increasing doctor shortage that is going on during obamacare. we've had doctors who have not wanted to be part of the market system that was in place because they were not getting reimbursed, so the accessed people, that is the number one problem. if you cannot see a doctor because there are not doctors, it doesn't matter what the insurance plan looks like. the second thing that needs to be in there are these taxes put in place by obamacare to pay for it that are going to continue to take my money out of people's pockets. they need to be eliminated. >> jenna: again, we will see exactly what is in this bill, it puts us in a funny position. i wonder if this is part of the plan? tentatively being leaked to a few news outlets to see how folks digested and then make some changes, do you think that is part of the political strategy here?

>> look, i think it is dangerous to do what they have done because while putting it out there while members are still in their districts is a dangerous thing to do. they are going to get a lot of questions and the remaining days before they start voting again. and i am not sure -- look, i think this is about trying to pass something in the first 100 days for the sake of saying that the house moved my obamacare repeal, and now it is going to the senate, i did in my first 100 days. >> jenna: david, is that what it is about? is that too hyper focused by republicans as joe is describing? >> i appreciate that you think we would be that organized, hey is this a good idea to get passed or not? we have watched this process and americans have watched processes of legislation kind of like sausage making, that is what we are in right now, the sausage making process. what republicans need to do is

give americans a healthcare system that they can afford, that they can see their doctor and get a health plan that they actually want. >> jenna: we will see if this is part of it, 3 out of 10 people have pre-existing conditions which is why there is a lot of focus on that and a lot of folks in that category are active voters, so we will be watching. great to have you both, thank you very much. >> jon: and alban's new warning from north korea directed at the u.s. what they have said and how america is reacting. also, u.n. ambassador nikki haley hoping to shake up the united nations and that body's attitude toward israel. we will tell you what she has in store next.

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if you're a stuntman, you cheat death. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. número uno! >> jon: fox news learned on a nationwide manhunt coming to an end, and apparently a successful one. 15-year-old elizabeth thomas is safe. she disappeared from her rural tennessee home march 13th, and it was believed that she was kidnapped by this man, her former teacher, 50-year-old thad cummins. he has since been fired from the high school where she was in his classes. an amber alert had been issued, he was on the tennessee bureau of investigation's list of its ten most wanted. the pair was seen on surveillance video and a walmart in oklahoma a couple days after they disappeared, so authorities thought they could be anywhere, possibly in mexico. but both of them have been

located in northern california as it turns out. cummins now faces charges of aggravated kidnapping and sexual contact with a minor. once again, elizabeth thomas, 1. now this fox news alert on north korea's latest threats on the heels of a failed missile launched last weekend. now warning of a "super mighty preemptive strike" against the u.s. as secretary of state tillerson says the u.s. is looking for a way to bring pressure over kim jong-un's nuclear program. house speaker paul ryan makes it clear all options need to be on the table. joining us now, gordon chang, author of "nuclear showdown, north korea takes on the world," also an asia analyst. when they talk about a preemptive strike, that is pretty unnerving. >> it certainly is because they've got new weapons, they've got long-range missiles that could hit the u.s. the only thing they can't do is to put those nukes on top of those longest range missiles.

but they should be able to do that within four years, maybe five. they are getting help from the chinese, so at this point, we know that the north koreans have made a nuke to an intermediate range missile and that is perhaps guam which puts u.s. forces at risk so we are already in danger. >> jon: you say that they are getting help from the chinese, president trump suggest that the chinese have been very helpful and clamping down north korea. >> the military parade on saturday, we saw a number of missiles, perhaps as many of the three of them are derived from chinese plans. we don't know if the chinese gave them the plans for those missiles, but we need to be asking some questions. among those three missiles was included a very large canister which looks like it holds a chinese do you one which if fired from north korea could actually reach the west coast of the u.s. so we need to start having

intensive conversations about whether the north koreans have gotten what looks like to be chinese missiles. >> jon: what is the sense you get of north korea's reaction to the tougher talk and frankly military might that has been administered during the trump administration? >> to a certain extent, they've been concerned about trump, especially after the thursday missile strike on the syrian airfield from where the chemical attacks were launched. also the use of the mother of all bombs in afghanistan because those were directed at underground facilities, and no country has put more of its military operations underground the north korea, so i think the north koreans are still a little bit wary of him, and until they believe they have figured out the new american leader, i think they will probably be cautious. >> jon: the chinese art of vicki to north korea. they hold the economic lifeline of that country basically in their hands. are they going to be willing to do as president trump suggests

and squelch their client state? >> for the last two weeks, we've had cooperations from beijing with all that i can guess, but the issue and answered your question is not so much with the chinese will do. the chinese if left alone will help the north koreans and do it to the hilt. but if the trump administration continues to apply real pressure on the north koreans, maybe we can move beijing in a better direction. we saw something important today, and that was president trump signing the executive order on jumping because china is the world's greatest dumper, and so clearly this was directed as a message to beijing. there is a lot of issues we have with the chinese across a whole array of matters, and so clearly, i think this was directed at beijing to say, if you're not going to help us on certain things, we are going to make life very difficult for your industries. >> jon: gordon chang, an expert on north korea and that part of the road, thank you for your insight.

>> jenna: the u.n. security council holding a quarterly meeting on another hot topic, the conflict between israel and the palestinians. u.s. ambassador nikki haley there, hardly business as usual, it used to be a regular bashing session against israel, but ambassador haley is changing the tone, focusing on the bigger picture in the middle east. rick blumenthal is there with more. >> clearly the u.n. investor -- u.s. investor to the u.n. nikki haley is not afraid to shake up the security council including today's quarterly debate on the middle east which is going on le as we speak. as you mentioned in the past, the past 17 years, this debate has focused on the palestinian request for independence, it's also been an opportunity for opponents to gang up on israel, and today ambassador haley asked for 50 members of the security council to focus instead on state-sponsored terrorism as a greater threat to peace instability in the region. singly out iran's support for hezbollah, blamed her for brutal

attacks and instability in lebanon, syria, iraq and beyond. >> if we are speaking honestly about conflict in the middle east, we need to start with the chief culprit, iran and its partner militia has below. iran and hezbollah conspired together to stabilize the middle east, and their actions are expanding. >> israel in the u.k. were among the predictable supporters of ambassador haley's mission, russia and china predictably hesitant to shift the focus. >> we would like to express our categorical disagreement with the attempted tailor this agreement to the domestic context and exclusively american foreign policy focus. >> finding peace in the middle east obviously incredibly challenging and so is finding agreement on the u.n. security council but ambassador haley seems determined to get there. we are still waiting for iran to speak sometime this afternoon. >> jenna: we will watch for

that, thank you. >> jon: federal judge was criticized by president trump over his "mexican heritage" now set to hear another critical case, this one surrounding a so-called dreamer suing the trump administration. he claims he was wrongfully deported. while the president tried to get the case moved? paralegal panel weighs in. and conservative activist ann coulter faster press on after uc berkeley cancels her appearance over it, it says, safety concerns. >> i am giving the speech. i don't know, what are they going to do, arrest me? they can put me in the birmingham jail.

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gonzalo curiel who was the same candidate criticized over his mexican heritage and his involvement in this trump university case. interesting twist to all of this, and an interesting twist, i just wonder if there is any sort of implication to the case. >> as far as the judge being attacked by it trump, no, a federal judge has a lifetime appointment, so they are really insulated from any type of political motivations. that is why they have a lifetime appointment unless they do something ridiculous. anything trump says about the judge should not influence the judge's decision and i believe he will be fair in here all evidence. >> jenna: what do you think? >> he is a distinguished federal judge, i find it hard to believe someone of his stature would be biased to either side because of some incendiary remarks made by and then presidential candidate. there have been some whispers in the public domain, if you will, maybe he will ask him to recuse

himself, judges have an obligation to remove themselves from a case when there is an appearance of impropriety, that will erode the public confidence in the judicial system or when they possess an actual bias. again, this situation, it would be a government lawyer asking him to recuse himself. >> jenna: cases are assigned at random, right? there is no way to predict that this was the reason why. >> they are randomly selected based upon the district. this judge did not go to say, i want this case did take off trump. federal judges have a high level of judicial scrutiny, and they are going to be fair. >> jenna: of cases in the news come you cannot write this stuff, the fact he is the judge. any judge out there we happen to talk about, he happens to be the one. i spoke to attorney general jeff sessions yesterday because the allegation is this young man had daca status, protected by the obama administration and he should not be deported. that is disputed by the department of public security,

but here's what the attorney general told us yesterday. >> daca and bullies are not being targeted, the policy is if people are here unlawfully, they are subject to be deported. our priority is clear. our priority is to end the lawlessness at the border, stop the additional flow of illegals into the country and then to prioritize those who have gotten in trouble with the law, recent arrivals, people who have been deported recently, drug dealers and other criminal activity -- activist, they need to be deported first. >> jenna: what do you think about that as the stance of the government? >> i think it is reasonable. there's also a huge factual schism in this case because you have the plaintiff saying, look, i was legally deported from the united states. when that happens, when someone is removed from the united states, there are legal proceedings. they can contested, they can go to an immigration court. even if they don't contest it and a wave removal, there still sent to an i.c.e. facility.

there would be a whole legal paper trail. >> jenna: you are suspicious of him being chosen by advocates as the poster child for the first person that is deported with daca status. >> you don't get deported or removed from the u.s. without ubiquitous paper trail. there either is one or isn't one. >> there is a set of initiative proceedings that someone has to go through to be deported. it was not just a black ops chopper coming down on his house and whisking him away. that is why it is very important that he have his lawyers to fight this in court and see what happens. it >> jenna: that is what they are looking for, more information. we will see what information they do get. in the meantime, i want to talk about the university of california berkeley canceling a scheduled speaking event with conservative commentator in familiar face on this channel, ann coulter, claiming security concerns. she says she is going anyway, this is what she said to tucker carlson last night. >> i agree to all of their demands and wake up this money, they sent out a letter saying how much they love the

first amendment and freedom of speech and are so committed to it, but we are canceling her anyway. >> what does that mean exactly, they are not allowing you to speak there, the supporters of the first amendment? >> we will find out if they arrest me when i show up to give my speech. >> jenna: interesting balance between free-speech and public safety. >> first of all, no one's going to arrest her but but we have to really look at public safety, it's a public institution, they have to make sure their students are safe, and there are possible rides and things that may happen if ann coulter comes. >> jenna: this is why the situation at berkeley is getting a lot of attention because you had a lot of mischief, illegal behavior, people breaking windows, does that mean that the bad guys trying to keep anyone from sharing their opinion actually win if the campus says we can't have anyone speak because it's going to be too dangerous? >> it's not a win for them but berkeley has to protect their students because they are

responsible for every student on campus. >> jenna: they can also get sued if a student gets hurt. >> right because if they know -- if they knew this was a possible danger and they invited a danger onto their campus, some little girl who was going to class gets hurt, her parents are going to sue, and they are liable. >> jenna: what do you think? >> he makes a good point but keep in mind, berkeley also has an obligation to protect free speech rights not only of the left-leaning groups on its campus but of the right-leaning groups if any are left on the berkeley campus. that is a big issue. first amendment, bill of rights, it applies the supreme court precedent going back decades. >> jenna: they are not getting protest over my liberal speakers, just the conservative, so how are they making the argument that it is a safe space for both sides? >> what is interesting is most of these campus free speech situations, the seminal case was

in 1956 where it was a lecturer who was actually questioned regarding his connection to the communist party and so forth. it was the right wing that was portrayed as those trying to stifle campus free speech and of the left or were, of course, the crusaders for his, so they said. this script is completely flipped now where you have the horde car -- hard-core left-wing speech trying to stamp out the speech they do not agree with. >> it is not stifling free speech, it is about public safety, that is what they are concerned with, we saw what happened in berkeley a few weeks ago, they don't want the same thing happening on their campus, no one would invite that to their house if they could prevent it. >> jenna: he would think maybe they would be a way to provide a safe environment for different opinions. we will see if they find a solution. >> she is going to attract this kind of protest. to >> jenna: but she said she followed all that was requested and they knew she was coming, they had time to prepare.

>> the point is it is ann coulter, not the leader of the nazi party, is she controversia controversial? some people disagree with her. >> she hasn't said some crazy things. >> jenna: will be right back with more "happening now" ."

>> hello everyone, i am sandra smith. we have new details about china being on high alert over north korea. we will have a live report from the pentagon. plus, how would you grade president trump as we approach the 100 day mark? we have new survey results. and that missing tennessee teen has been found along with her teacher. police are holding a news conference and we will have more details on "america's newsroom hq" in just a moment. >> jon: more changes could lie ahead for the supreme court. the chairman of the senate

judiciary committee is predicting that a justice will resign just months from now. peter doocy live in washington with more on that. >> this is coming from the person and congress in charge of the confirmation process, the senate judiciary committee chairman chuck grassley who would be in the know about a rumored retirement on the high court. >> i can speak to the point but i have no way of knowing who it is. it is just a very general rumor for the last six months around washington, d.c., and i assume it is somebody that is in their late 70s or early 80s and probably there are three people that fall into that category. it could be any one of those three. it could be somebody else. >> the three that fall into that category are justice anthony kennedy, known as a swing vote on the high court, and liberal george sisters ruth bader ginsburg and stephen breyer. grassley said if president trump gets to pick one of their replacements, the name would come from the same list

published during the campaign by the trump team filled with conservative judges he said he would select a supreme court justice from. neil gorsuch was on that list and there are still 20 others on there including the two thought to be runners up for the seat vacated by scalia that judge gorsuch eventually got, thomas hardeman and judge william pryor. republicans senator orrin hatch recently guessed that the fight over the next open supreme court seat will be armageddon because president trump may not be filling a vacant seat left by a conservative like scalia with another conservative like judge gorsuch. he could have the chance to put a conservative in a spot presently filled by a liberal or independent thinker. >> the next vacancy is where we have the ability to get back and restore our basic constitutional protections. >> remember, the nuclear option was not just good for judge gorsuch, republicans can user to confirm any supreme court nominee now with just 51 votes. >> jon: interesting times ahead.

peter doocy, thank you. we are back in a moment. ♪ the sun'll come out tomorrow... ♪ for people with heart failure, tomorrow is not a given. but entresto is a medicine that helps make more tomorrows possible. ♪ tomorrow, tomorrow... ♪ i love ya, tomorrow in the largest heart failure study ever, entresto helped more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto. it can cause harm or death to an unborn baby.

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>> jon: weekend is coming. thank you for joining us. >> jenna: thanks, everybody. "america news hq" starts now. >> sandra: we begin with a fox news alert. president trump meeting with his national security chief, as global tensions reach new heights. hello, everyone, i'm sandra smith. a number of issues on the president's plate, including a new threat from north korea that it will, quote, reduce the u.s. to ashes. the president will likely discuss this with his national security adviser, h.r. mcmaster, who is helping craft the white house strategy in dealing with the rogue regime. and its unpredictable leader. john roberts joins us live from the north lawn. john? >> reporter: certainly no shortage of things for the president to talk to with the national security adviser about. iran, north korea will be at the top of the agenda. the president holding that meeting with the national se