hemmer, he's on in the morning? he's on tonight, live, next. i saw him in his office. he's been studying all night. hemmer is next. good night. seeing you tomorrow night. >> bill: 10:00 in new york city. good evening, everyone. i am bill hemmer. welcome to "fox news tonight." this is a fox news alert. the case of kate steinle is finally having its day in court. as she walked along the san francisco pier two years ago, she was shot and killed. the suspect had been deported five times before the deadly shooting. sparking of debate on sanctuary cities. the latest on day one before a judge -- claudia, what happened? >> bill, it was an emotionally charged day. the lawyers on both sides laid out their arguments in a

politically charged case. the father of the victim gave a very powerful testimony. during his 10 minutes on the witness stand, jim steinle wiped away tears as he described his close relationship with his daughter, kate and helen july 1st 2015 they were walking arm in arm on a san francisco pier, enjoying the day with another friend and taking sophies. which the jury saw. she looked at me with her arms out and said help me, dad. she died two hours later at the hospital. the gunmen, who also went by juan francisco lopez sanchez is a mexican national. he has multiple felony convictions and was deported from the u.s. at least five times. he was awaiting deportation again when an old drug charge against him was dropped in the local sheriff's department released him without first

notifying immigration authorities. president trump has used the case to argue for building a border wall and withholding federal funds from so-called sanctuary cities. the judge today instructed the jury to disregard everything they've heard about the case to set their own politics aside and just focus on the evidence. the case hinges on whether the gun used to kill steinle went off by accident as the defense claims or on purpose. in a dramatic presentation, diana garcia waved the semiautomatic in front of the jury. she said he fired the gun into the crowd intentionally and should convicted of second-degree murder. he had no motive to kill steinle, they argue he found the gun on the pier and that it fired when he picked it up. the bullet ricocheting off the ground. there were no eyewitnesses and both sides are using for surveillance video shot from a quarter mile away. his lawyer says what it shows is open to interpretation. >> while he said it on the pier,

there are about over 50 opportunities when people are walking one way or the other for them to see him in possession of the firearm and nobody efforts as they saw that. >> there will be a lot of testimony about that gun which had been stolen four days earlier from the parked car of a land management ranger and that will be a key defense witness in this very high-profile case. it's expected to last about six weeks. >> bill: a couple things, claudia, we know how the gun went missing? at the been explained? >> it's never been explained. big question, mark. by the time it was stolen and four days later when it was used in the shooting, the defense and prosecution, no one is claiming he stole the gun and that part

of the case is under investigation still. >> bill: his attorneys are arguing he did not realize he was in possession of a gun? is that the words they are using? >> they are saying he was not criminally responsible and he didn't know what he was holding in his hands was in fact a gun. a lot of this will be playing out in the days and weeks ahead. so we can find out exactly what he said to local tv reporters in various interviews and what he said to police, how his statements were translated, that's an issue as well. we will get a lot of this cleared up i hope in the next few weeks. what did he know he had in his hands? >> bill: it's my understanding they were required to notify the feds and a period of two days. he was released during the period where kate stanley was killed. has this changed the debate in

san francisco regarding sanctuary status in any way, claudia? >> not at all. in fact, local leaders in san francisco have doubled down thing stable truly enforce all aspects of sanctuary cities and they have tax dollars to help fight deportation. this case has done nothing to ease off. >> bill: on the same day, a major crackdown against ms-13. a notorious street gang infiltrating american streets especially here in the new york area. it could be a strong magnet for illegals. ag jeff sessions announcing a new initiative to fight back against the international drug gain. >> 10,000 in the united states, ms-13 threatens the lives and well-being's of each and every family, each and every

neighborhood that they infest. ms-13 members brutally rob, extort, rape and murder. guided by their own model -- kill, rape, control. they leave medicine back misery, devastation in their wake. they threaten entire governments. they must be and will be stopped. at the department of justice, we have a model too. justice for victims, consequences for criminals. >> bill: that speech in philadelphia, the gang often using violence to intimidate. david morey, good evening to you. and director of policy out of massachusetts, jessica vann. i want to begin with you, jessica. same day, two issues clearly connected. a crackdown on crime.

and in various american cities. is this trump administration showing that it has the ability to change the course of these events? >> most definitely. they do not view illegal immigration or the presence of criminal aliens out something that we have to put up with as a force of nature. they know there's something to be done about it, that a lot of this comes down to the policy whether it's sanctuary policies, catch and release policies, or prosecutorial discretion. they are working to change those. it started to make a difference already. the trump administration cannot do it by themselves. there's congressional action that needs to be taken as well. there are still local jurisdictions and states that are trying to undermine the enforcement of federal law that the american public wants to see enforced. there's a lot to still do.

>> bill: you both heard claudia's last answer. that was is the sanctuary status of san francisco changing as a result -- and she stated clearly if anything, it has not -- i'm wondering looking at these federal numbers between new york and l.a. and san francisco, you have upwards of 6 million illegals who live under this sanctuary umbrella. you wonder how you are able to forge a future for all of these people unless you have some cohesive policy. >> i could not agree more. in fact, we are going to continue to suffer tragedies like the steinle murder and trial before we have a comprehensive immigration approach. people are scared and sanctuary cities give people the feeling in some places of protection, making them safer. the problem and the statistics

show the crime is less or the same in sanctuary cities. we can debate that. the studies i've seen. here's the problem, you pointed out in your set up there was no coordination between the state -- the municipal and the federal government. i think states are the right venue to sort this out. mccain and johnson had legislation about this in june. >> >> bill: in this case in san francisco, that clearly did not happen. you are allowing local jurisdictions -- >> i agree that that's a challenge. i'm not comfortable with that. we need a lot less politics and more policy on immigration. i think it actually distracts us from solutions because as jessica was saying, these have to be comprehensive in their approach. >> bill: that would allow local authorities to operate

under separate jurisdiction. they would not be productive or overseen by the federal government. >> i don't think that works. >> bill: now you have a country in two different tracks. jessica, what would be your solution? >> the federal government needs to have the authority to enforce federal laws and states should not be allowed to interfere with those laws. the feds are not asking the states or locals -- just what is extended for any law enforcement agency. not only should there be consequences for sanctuary jurisdictions like losing access to federal grants and potentially injunction against some of the most egregious sanctuary laws, congress should really step in and clarify they are expected to cooperate with federal authority. >> bill: you think the solution resides with congress?

>> i think that would be the best, yeah. >> i know we are not optimistic when we bring in the word congress but if you look at the constituencies, there's a chance we could get something done. we need to do that. the same problem between sanctuary cities needs to be the federal government and states. you need a conference of federal solution. >> bill: i think the problem is only getting bigger. these are government numbers, now. 300 sanctuary jurisdictions that have been identified by i.c.e. as noncooperative. this number is only growing. which six tests at the local level they are emboldened by taking their own actions. >> i think we've gotten very polarized under this administration and very politicized. parties are going to their respective corners in that's made it even more complicated to

coordinate between federal state and city. >> bill: on that point, jessica, you wonder if this issue would be getting the attention it's getting unless you had an administration that made it clear and stated from the very beginning that they were going to be the law and order. >> there's no question and what's growing at the number of criminal aliens who have been released by sanctuary jurisdictions and committed more crimes. we have a new approach to this with the trump administration. i think they're going to to make some progress. miami and milwaukee and las vegas, the state of connecticut. withholding federal funds, when that comes down, there will be even more of them that rethink their policies. they ought to do it because of the twhirl horrible crimes but

eventually, there will be some t are defiant but there are other tools the federal government has at its disposal to take care of that. >> bill: he also said $100 million in grants to hire more police officers. that could be significant in time. thank you for your time tonight, and jessica. david, good to see you as well. a new twist in the russian election investigation that you did not expect. details emerging about russian spies who ran in the same circle as bill and hillary clinton. we will detail all of that. that is you know who likes to be in control? this guy. check it out! self-appendectomy! oh, that's really attached. that's why i rent from national.

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>> bill: welcome back. federal investigators continue to look into the alleged collusion between russia and trump's presidential campaign. how russian spies worked to get closer to hillary clinton. this goes back to 2009. 2010. the story appeared in "the hill." multiple spies apparently in that report on the moscow in an attempt to gain access to the secretary of state clinton and her husband. how well did they do? fbi records show many of the

actions were covert. for good reason at that time. the host of "the blaze." and how are you guys doing? here's the story, fbi watch and acted as russian spies move closer to hillary clinton. you read this story and you came away thinking what, miles? >> why is that the media talking about this. i'm not saying that hillary clinton did anything wrong but there's a lot of smoke here. that means an investigation, the house and senate need to actually look into this. maybe a special counsel but i don't think we're going to get that. >> bill: gina, what is their first reaction? >> what i've always said. we should have a transparent investigation in all forms of russian "collusion" into our election and other aspects of

our system. let's not forget, i read this and i thought who could be decried by this? to think they just popped up right before the 2016 election and said they were going to get involved in this? no, there's a long history not just of russia by the way but of many nations. >> bill: but the complete picture, you have to digest this information. information that wasn't leaked. >> this is more about russia than it is collusion. always been talking about -- >> the public to know about it. we know sources knew about it but there were no reports about this. it seems to be a little bit of shady business. a lot of smoke. it's not quite the amount of evidence but i wonder why i was just finding out about this information? >> bill: there's no evidence of anything illegal. i don't know what that means for

the clinton foundation because apparently that investigation continues and all the issues about uranium one deal, that's going on. but you understand why they were doing that. she's the quarterback of the team, the article points out. she delivered the reset button to the russians after obama was elected. she would be targeted for spying. what i find out is that the american government rooted the amount. found. >> they did. my question is why relearning about this now? why did we know about this earlier? we should have known earlier. the timing on this -- >> the problem is the narrative and so far is that they tried to influence the trump administration. they tried to influence the trump campaign. what we know now is that they went after hillary clinton and

donald trump. this whole notion that they were just trying to collude with just donald trump is false. we know they targeted everybody. >> bill: very interesting point. if you want to count on the side, you've got to count six on the other. >> i beg to differ. follow the money from the clinton foundation. all of that should be made public. it should be transparent, whatever happened and is going on in canada, that all should be known. not just on one side. >> they tried to play the american people. they painted this picture it was just donald trump, that the russians were just trying to target donald trump. we know now they knew for eight years that they were doing it with the clinton administration as well. >> let's be clear, only since the election. since he won back of the focused on that. before that, all the focus was on the clinton foundation in the money. >> bill: i don't know how much

longer this investigation goes but this is just one aspect of it that we see. so much has been focused on social media, pop-up ads on on facebook and twitter. this isn't black and white here. >> exactly. i think they need to start focusing -- people make political ads all the time. i don't think that should be the focus. the focus should be -- i don't think anyone is disputing that they are not our friends. how did they get involved in our election? they wanted to create chaos in what we see is a bunch of chaos around the american people. they don't want us to have faith in our election system. they want to paint this picture that russia has influence they tried to target both sides. republicans and democrats to create this chaos. i think they were successful in creating chaos. no, they did not influence the election. >> bill: you're making a case it doesn't matter if there is a r or a d.

>> right. it's just chaos. >> we shouldn't stop at just the russians. it's not just a russian issue. to create chaos in our election system, other countries can as well. how do we protect ourselves in 2018 or 2020, going forward? >> i would contend, this story was not fairly reported. if they said they tried to target both sides instead of just one side, i don't think there would have been as much chaos. that's not what they did. they painted a picture they were just trying to influence donald trump and have secret meetings and they were trying to collude with each other. if they said it was both sides, this would be a nonstory. >> bill: for the fbi watching that happen. that's the story today at tohell.com. good to see you both. the pentagon with new information, with those four

soldiers that died in africa. what we learned late from the pentagon today. people would stare. psoriasis does that. it was tough getting out there on stage.

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press brew. that's it. so rich. i love it. that's why you should be a keurig man! full-bodied. are you sure you're describing the coffee and not me? >> bill: big news from overseas. rex tillerson making an unannounced visit talking about u.s. strategy for ending america's longest war. he spent nearly three hours and bob graham, while that was prep happening, the deaths of the four soldiers killed in niger, western africa. some members of congress admit they were unaware often number of actual u.s. forces on the ground including lindsey graham. >> the military determines who the threats are. if we don't like what the military does, we can defund the operation but i did not know there were 1,000 troops in niger. >> bill: apparently

chuck schumer admitted the same. releasing a timeline about the ambush against our troops and why we have boots on the ground in that country. >> the united states military has had forces in niger off and on for more than 20 years. approximately 800 service members work as part of an international effort led by 4,000 french troops to defeat terrorists in west africa. >> bill: good evening to you and thank you for your time tonight. we will rely heavily on your expertise. chuck schumer and lindsey graham, this wasn't necessarily a secret. did their answers surprise you? >> they did. we've certainly had troops in niger, they may have been surprised there were 800 there. but the military structure --

the african commanders whom talk about here. he briefed on what his missions are and what they are trying to accomplish. usually he gives him a sense of what they are doing. i'm a little surprised it was not known we had 800 troops in niger. i don't know where the miscommunication is. there's a process. >> bill: let me poke through a few things. have you watched a lot of the reporting, you would think there's something fishy going on with american involvement. he was a military man, how would you address that? >> that's what brought general dunford out. through previous reports that may be the military has overextended itself. maybe there's something covert here. maybe the pentagon is trying to hide something. that makes sense to me based on

who i know it's running the military today. that's what produced the general's comments today. despite that, there's plenty of reasons to investigate certainly going into that village, even though they've been there many times before, they thought contact was going to be unlikely. did they get information in that village that may be changed the? we don't know. we will have to find out. >> bill: he filled in most of that timeline today. let me come back to that in a second. i thought the staggering. 58 african countries? some sort of special ops mission on a daily or weekly basis? how large -- how big is the scope of this operation when you are trying to get ahead of where the next threat can break out on the islamic terror front?

>> the numbers are a little misleading. let me see if i can clarify that a little bit. 53 countries. many of those have small numbers of forces in it. the 6,000 troops -- we have another 800 in niger, djibouti, somalia. about four or five countries where most of these are concentrated in. the number -- i'm not suggesting we don't have them in 53 countries. the numbers are very, very small. what's happening in africa, radical islam is spreading load globally and like wildfire inside of africa. it's on the move. the centerpiece to that is libya, a failed state as we all know. it just goes on and on. what this will likely produce --

we will probably conduct a review of our strategy as it applies to africa writ large and do we have the right strategies executing what president obama put us on a path to do a number of years ago? what kind of results are we getting and are we applying the right level of resources? and our guys aren't being unnecessarily exposed? which is going to be one of the top concerns. you can tell and general dunford's demeanor, he really wants to get to the bottom of this in terms of what happened. did we unnecessarily expose our troops? >> bill: in the final minute i have, clearly not enough time on this topic but he suggested today there was some sort of attack or offensive move against them and it wasn't until an hour later before -- another hour

before the french maras got ahead. they could not tell between friend or foe. now you are two hours into this operation. we have for dead soldiers. now we are trying to fill in -- how much of the story do think he cleared up? >> he cleared up some, certainly, it was two hours before they got any fighter aircraft to support them but they weren't employed and it begs the question were they able to communicate? did they have the frequency, the communication to be able to do that? i don't know. we've had problems like that with u.s. airpower on the ground as well, at times in the past. it creates more questions. this is what he knows right now. within 30 minutes, he certainly wanted to clear that up.

it took him 30 minutes to get out of there. >> bill: that's a huge area in africa. you wonder in this modern era, you have drones. i don't know how many drones you need to give protection for 3,000 forces operating in those countries. it seems to be impossible. >> they are mostly at bases where the drones are coming out of. the point is, not all of that activity is necessarily high threat, dangerous activity. our people are at providing training at training bases. could that base be invaded? yes, it can be but there's all different levels of risk and some of our people are there to make direct action contact with the enemy as we have done in

somalia, and libya and general dunford laid out a priority for that because they can be threatening the homeland. that's priority one. but training and assisting others. while the combat zone is not that dangerous. >> bill: thank you for making time for us. in a moment, liberals slamming president trump proposed tax plan but do they have a coherent message on their side? both sides of that conversation, when we returned here how do you chase what you love with moderate to severe rheumatoid arthritis? do what i did. ask your doctor about humira. it's proven to help relieve pain and protect joints from further irreversible damage in many adults. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. humira has been clinically studied for over 20 years.

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is it? you could save seven hundred eighty two dollars when liberty stands with you. liberty mutual insurance. >> bill: politics, the dnc recently in las vegas to talk about the future of the party and looking ahead to the election, midterm 2018. united coherent party methods and a lot of democrats have a problem with that. many believe the reason why they lost last year -- still, many democrats like ohio senator brown judge president trump's tax plan when he said this. >> you walk into the white house and it looks far too much like a retreat for goldman sachs executives. the people closest to the president are whispering in his ear and they all want to do tax cuts, trickle-down economics. for the wealthiest people in the country and hope it trickles down. they say it's budget neutral and

it raises wages. it is never done that throughout history. >> bill: take that comment and ask if this is the way to move forward. chuck schumer, michael tobin here tonight. keeping the lights on in washington. good evening to you. >> i am great, thanks for having me. >> bill: i think you will have something in common with the gentleman to my left but the whole trickle-down economics, this is something that's been out there for 40 years. do democrats want to be on the wrong side of this tax cut mission? >> we've unfortunately heard a lot about what democrats are against. the current occupant of the white house. not a lot on what they are for. >> bill: 24/7. >> yes, not so much what they are for. the problem is they are not sure. they are going through an identity crisis. whether it's on tax plans or

defending the aca or any other host of issues, they need to lean back from being inherently negative. >> bill: you are one of the democrats that quest in the leadership today. >> no, as a former aide of senator schumer. >> bill: nancy pelosi, who has grown long on you, she always to back-to-back shall we say? >> at this point, become more about ego and leading the party. >> bill: to come back to texas, do you see a coherent message emerging on the democratic party's side right now? >> i've got to say, michael stole my talking point. you were right, bill. i do agree. the democratic party -- their methods since the election and even before that -- one of the reasons donald trump won, there wasn't a firm foundation for the

democratic agenda. first it was racism. then russia. then he hates immigrants. racism, russia, tear down all the statues. we don't like what trump is doing, we hate him, here's a fearmongering. but they haven't come back with any substantial alternatives. >> bill: i guess you can raise money off the bat but i do know how you move things. >> i would also say there's an opportunity in the chaos. the energy and heat and activism is in the far left of the democratic party. and then they need to get comfortable with the idea of leaning back a little bit and making compromises. and in swing states with independent voters. >> bill: coming back to the original phrase, the trickle-down economics. in 2017, is that an argument i could still work against republican politics?

>> the narrative that you hear most often when republicans talk about any type of tax reform or tax cuts, the narrative from the left remains to be you are giving tax cuts to the wealthy. look, i think about the size of a peanut the last time a tax cut came through. >> 1986. >> yes. if we were able to get that through, in 2017, we could just go ahead and put that in the w column. >> bill: that's not even acceptable to the republicans now. they must get some form of tax cuts or tax reform in the bank. >> i think it will happen. eventually, both sides. i guess came to submission. this is something we wanted to get done and it was behind obamacare. i think the order should have been reversed. no question about that. we should have dealt with the

obama situation afterwards. there something that could be put on the books that we can send for a vote. >> bill: i don't think you can afford not to do it. president trump would argue -- michael, do democrats in some form support tax cuts, tax reform? some of these marginal states? >> i believe they do. i believe president trump -- that he will make a deal with like-minded democrats, particularly in the senate. remember the distinction. it's a different zeitgeist or message and narrative than in the house free of these gerrymandered -- >> bill: do think sitting here tonight, how many democrats in the house would vote for some sort of republican led tax package? >> not many in the house.

>> bill: half a dozen on the house or zero? >> six is a good number. in the senate, three or four. >> bill: you are giving them margin for losing mccain? >> i'm not going to say and think about that but three or four. something that would be agreed upon ahead of time. >> bill: for the holiday or what? i'm talking christmas. >> the white house has figured they have to manage expectations. it's taken them a long time to get to that point. i don't know, before the holiday. >> bill: thank you, michael. amanda, thank you. more than 50 years later, a long-awaited classified document with president kennedy's assassination -- will they finally be made public? there are thousands of documents here. we will examine that, next. >> tech: don't wait for a chip like this to crack your whole windshield.

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>> bill: it could be a significant date later in the week, president trump will finally release classified documents -- thousands of documents all related to the

1963 assassination of president john kennedy. more than 50 years, he may announcing after tweeting this... author of "the kennedy:half-century." how are you, sir? a good late evening to you. you favor releasing these, by the way. i just want to make it clear to our audience. do you believe in this stack of thousands of documents that it should be made public? that it will change the course of how we look at the kennedy assassination? if you use the warren commission, 1964 as your baseline, single shooter, lee harvey oswald is the killer. while any of those facts be believed changed by the end of this week? >> i doubt it, bill. for one thing you have third 100 files full of documents.

probably in the hundreds of thousands of pages. i do speed read occasionally but i don't read that fast. it will take us a long time. >> bill: is there anything embarrassing in there for the fbi and cia, for the government? >> probably. look, some of the leaders of the cia in recent years have admitted at least privately that they really dropped the ball on leave harvey oswald. in the 1960s. on lee harvey oswald. >> bill: in what regard? >> he was a defector to the soviet union who managed to get back into the united states and was involved in all kinds of pro-castro activities and other cooking things. he was somebody we should have kept an eye on. back then, the cia didn't communicate with the fbi and the fbi did not communicate with the cia. we could have stopped that assassination had there been more coordination.

that's the old fbi. and so to people in the that'sw they were in the '60s. we are 64 years on. >> bill: what about the trip to mexico? are we to look on that trip in a different light with oswald? >> i would like to find out more about it. he was there for six days. just seven weeks before the assassination. this very unusual american citizen spent time in both the soviet and embassy and mexico y and the sea. that's very unusual. in lots of different ways. he clearly wanted to defect again. he wanted to get a visa to cuba. there are reports including a report that j. edgar hoover -- the former fbi director -- passed along to the warren commission in the 1960s saying that oswald before he left one

of the embassies said i'm going to prove my fealty to the revolution. i'm going to shoot john f. kennedy. did he really say that and do they have more information? >> bill: has not been public before? or is that something just talked about? >> the j. edgar hoover memo has become public in the years since. this was a memo he sent to the warren commission. he was reporting on what sources had gleaned from fidel castro. what fidel castro had allegedly said. back in those days, we had taps on everything. maybe we still do. it was more primitive but nonetheless, we had a lot of raw intelligence. >> bill: [laughs] we have a lot of real intelligence now. the question like that and today is how you decipher it. and how you listen to it. and at what level of attention do you give certain details over others? do they all come out or does the president holds them back? >> i am worried.

i am told the president will push back from the cia. i think he will release the vast majority but it will be were credible. >> bill: a moment honoring one of america's whatever you're doing to stay healthy... ...you might be missing something... ♪ ...your eyes. that's why there's ocuvite. it helps replenish nutrients your eyes can lose as you age. nourish your eyes to help keep them healthy. ocuvite. be good to your eyes.

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>> bill: a moving moment at the white house nearly 40 years of the making. president trump presenting the medal of honor to 70-year-old captain gary "michael" rose. >> we thank you, salute you, and with hearts full of admiration and pride, we present you with the congressional medal of honor. >> bill: in 1970, captain rose was 22 years old, vietnam war army medic who treated more than 60 wounded soldiers behind enemy lines during operation tailwind.

eyewitnesses say he went back into save his fellow soldiers again and again and again. an american hero is recognized. we ♪ ♪ >> tucker: good evening and welcome to tucker carlson tonight. for months you could hear the word echoing from congressional offices and television studios all over washington, russia, russia, russia. the very people who spent 70 years making excuses for the soviet union were suddenly convinced that russian agents had visited our shores in the dead of night to murder american democracy and install their puppet in our white house. trump won because of vladimir putin. that was their claim. it seemed confusing to mease people. but to our decadent and completely unimpressing ruling class, the explanation made perfect sense. how far else