that they can [bleep] you up. >> ma'am, please. >> i'm an assistant direct stoner, so shut the [bleep] up. rob: will she face charges is the question: >> attorney general jeff sessions is directing prosecutors to take a closer look at the 2010 sale of uranium one and clint foundation. >> it's incredible news. these are congressional criminal referrals which means that the department of justice now takes that one step further. >> if it doesn't warrant a special counsel, what the heck does? >> donald trump jr. has now released private messages that he had with wikileaks during the 2016 election. >> it's not a crime to communicate with a foreign national including a russian. >> it's absolutely false. i never did what she said i did. >> state republican party, they could disassociate themselves from judge moore in a formal way. if he still receives the most votes our election

would be declared null and void. >> shepard: snearnted rand paul returning to capitol hill after an attack he said broke six of his ribs. senator paul said ready to fight for tax cuts. >> raised millions of dollars for hurricane harvey relief. why is he not the citizen of the year? ♪ ♪ ♪ ainsley: i pass through all those shops on fifth avenue one block away. it is fancy. there is sak's fifth avenue all these people out there with their cranes and

putting the lights up and decorating the windows for you and your family some people from all around the country come to new york for the holidays. thank you, sak's for spending the money imsure it expensive. brian: what worries me about the internet no reason to shop online. people won't be going to stores no more. steve: those are people who never leave their house. we are talking about people who come to new york for the. ainsley: ice skating and christmas tree. steve: in sak's so many people in front of christmas time velvet rope got to go like that to walk in front of the window. ainsley: they put all the displays in front of the window. elaborate. incredible. brian: before we hit christmas we have to have thanksgiving and before thanksgiving we have to start the show. possible seating of another special counsel. could this be something we talked about a year and a half ago with the publishing of peter schweizer's book when the first uranium one

sales and state department okay with that? yes it is. ainsley: asked justice department for special counsel. they wanted to investigate hillary rodham clinton for uranium one and her foundation for allegedly breaking the law. well, the doj responded yesterday in a letter. steve: aapparently jeff sessions has directed his senior prosecutors to evaluate certain issues that have been raised by the republicans in congress. the republicans in congress sent the department of justice letters in july and in september. and they said hey, we think a bunch of laws have been zone here. we're talking about criminal referral from the department to the department of justice from the congress. representative jim jordan, who is on the house oversight committee, says this is why there is a potential for a special counsel which, by the way, the attorney general has left open that possibility. >> what we do know is what you brought up, laura, james comey called the investigation a matter not an investigation. james comey began drafting

exoneration letter of hillary clinton before the investigation is over. when he ultimately gets fired which he should have been a long time ago, when he gets fired what's he do? leaks a government document to a friend through the "new york times" what was his goal he? told us under oath create momentum for special counsel. who does that special counsel have to be his best friend special counsel bob mueller who was the guy implicated in uranium one deal. when all this comes out not to mention the dossier. if this doesn't warrant a special counsel, what the heck does? brian: right. a couple of things. number one, he believes it was part of his editorial co-written the day before and now we have jeff sessions coming to the hill to answer other questions. one of the questions is going to be from republicans why haven't you had a special counsel or investigation on to this uranium one deal? he now has an answer. my question is and i'm not equipped to answer this, maybe you guys are. is i don't understand why the attorney general can't do the investigation himself because do you need a special -- he is not conflicted. if you are not conflicted can't you do your own investigation with the justice department? steve: apparently requests

made to the department of justice by congress are generally referred to the fbi. the fbi and the department of justice spokesperson said yesterday you know, we don't comment on ongoing investigations. keep in mind, the fact that james comey blabbed about what was going on with the investigation involving hillary clinton's email server was one of the reasons why donald trump said he wanted to fire her. so, in other words, the department of justice could already be looking at this. we simply don't know. the way that sarah carter's story was written though, it suggests that they are also, at this point, requests over the last year have led to ongoing investigations regarding the leaking of classified information, to the media, and unmasking americans as well. so it sounds like they are looking at that. so would they be looking now at the clintons? maybe. ainsley: sarah carter is an investigative journalist she was on with sean hannity last night. she says this blows open a multitude of scandals.

listen. >> it's incredible news, sean, now what we know for certain is that for a while now the department of justice has been looking into all of these allegations. and not just uranium one, but the clinton foundation, leaks out of the fbi and the unmasking of americans. these are huge subjects that we have been discussing here on the show i mean all year long. and now what we know is that they have been looking into it all year long as well. these are congressional referrals which means that the department of justice now takes that one step further and goes to the fbi and says, look, can you look into this? what information can we find out to build cases? is there something here? ainsley: so they can make recommendations. if they see something that needs to be investigated they can make recommendations to the a.g. we will have judge napolitano on to answer the questions. does the fbi get it? do the special prosecutors get it. steve: federal bureau of investigations. also, as brian alluded to,

the attorney general of the united states jeff sessions is going to be on the hot seat up on capitol hill today. i'm sure they are going to ask him a bunch of questions about russia and this as well. speaking of russia. brian: let's talk about what's going on wikileaks in russia. we know there has been indications here. even when julian assange was on our show, we asked him flat out how come you don't leak anything bad about russia on all your myriad of leaks from countries around the world? he says it's just a coincidence. we have done stuff in the distant past. now we find out that wikileaks reached out to don jr. and the atlantic first reported this. it came out yesterday. so the wikileaks says yeah, we did reach out and there has been correspondence. so don jr. made a move. he says i will release everything i have of my interaction with wikileaks. disturbing for fans of president trump and supporters that there was any a link damage there? yeah. but in terms of actual substance, what do we see? ainsley: if you read through, if you follow him on twitter you can see he released all of the correspondence he had with wikileaks. he tweeted this out. he said this is my entire

chain of messages with wikileaks. my whopping three responses which one of the congressional committee leaked. that's bothersome. steve: sure. it's behind closed doors. there is an expectation of privacy yet, somebody up on capitol hill blabbed to the atlantic. the headline really actually sounds worse than apparently it is legally because when you think okay, so, during the campaign don jr. is direct messaging with wikileaks. but then when you start to look at what's going on, brian, you mentioned julian assange, julian assange a year ago tweet out that he had already contacted direct messaged don jr. saying hey, you got that story about all your emails out there, why don't you give them to us and we will put them out. we knew it was going on, now the atlantic has got some sort of big exclusive where somebody bland although, according to the lawyers i have heard, no laws were broken. it just gives the talking point hey, there's a connection, look, russia,

wikileaks, trump jr. brian: one of the last interactions was hey, if you guys lose the election, and you guys want to start the network don't concede the elections. just use the information to form a network and momentum to launch your own tv network. okay. thanks for the advice, i appreciate it. ainsley: wikileaks is saying leak one of your father's tax returns. hey, don, if your father loses we think it's much more interesting if he does not concede and spends time challenging the media. get your dad to tweet this link out. steve: the legal standard is did don jr. ask for something of value from a foreign national? and the answer is no. was there collusion? whatever that is, can't find it. brian: joe biden wrote a book. is he hocking it on every major network. he is talking about everyone wants him to run and how bad president trump is. he did unveil vice president where mike pence and joe biden and dick cheney talk at different times advising the president who is sitting right now.

he also talked about how he viewed the first nine months of the trump presidency. he believes of the whole country is in a panic. listen. >> i'm speaking to a large crowd of republican audience out in thousand oklahoma city, california, i asked the same question. how many of are you now worried about the stability of the republic? how many of are you now worried about this new phony nationalism us against them? how many are worried about populism and this that is designed to essentially undermine the essence of the bill of rights is there are certain inalienable rights that nobody, no matter what the majority is, they cannot overrule. i mean, i just think there is an attack on the system. [applause] steve: he went on to say we wouldn't be having this conversation if it weren't for 74,000 votes and we would have a good president who understands the role of the presidency. i think he is referring to hillary rodham clinton. whose campaign rigid the dnc. brian: right. absolutely.

joe biden failed twice to run for president. when he was allowed to speak on a regular business is he a gaffe machine. anyone thinks is he a savior at 77 to save the party they should do further analysis. ainsley: he never said whether or not they were worried or not. he said i spoke to group of republicans in california whether they're worried. he d ngts say they stood up and said yes, they are. he was just asking the question. steve: what about you? are you worried about the safety republic the way things are? email us at friends@foxnews.com? brian: tv too loud this morning? jillian: i heard your tv from 14 miles away? brian: i apologize. jillian: let's get to the fox news alert. president trump is on his way back to the u.s. after wrapping up his 12-day tour through asia. he is set to land in washington, d.c. after meeting with key allies after economic conference in

the fill feigns. the president promising a business announcement once he returns stating quote i will be making a major statement from the white house upon my return from the d.c. time and date to be set. we now know the president personally asked his chinese counter part to help resolve the shoplifting case involving the ucla basketball team. three players arrested while in china for a tournament last week. support crumbling for alabama senate candidate roy moore. as a fifth woman accuses him of sexual misconduct. beverly young nelson says she was just 16 years old when moore sexually assaulted her. he was a district attorney at the time. moore calling the accusations politically motivated. >> this is absolutely false. i never did what she said i did. i don't even know the woman. i don't know anything about her. >> senate majority leader mitch mcconnell says he believes the accusers and is now calling on moore to end his run. rand paul is back on the senate floor after being attacked in his own yard.

in his first interview since the assault, the kentucky senator telling "the washington examiner," quote: there is no motive that would justify hitting somebody from behind and breaking their ribs and damaging their lungs. there is no justification for something like that. paul's neighbor, rene boucher is charged in the attack. he is known to be anti-republican but his lawyer says this wasn't political. so, certainly keep you posted there. steve: and they had never spoken before. about anything for the most part. ainsley: i think they will be now. jillian: except for leaves and composting and things like that. steve: pick up your recycling. brian: 13 minutes after the hour. remember the truck driver who plowed down people on a bike path? he was not alone. how many more potential terrorists got in through the same lottery. we will describe it in a moment. ♪ if you have moderate to severe plaque psoriasis,... ...isn't it time to let the real you shine through? maybe it's time for otezla (apremilast).

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(♪) it all starts with a wish. the lincoln wish list event is here. sign and drive off in a new lincoln with zero down and a complementary first months payment. ♪ ♪ brian: nearly 30,000 diversity visas granted to foreigners to state sponsors of terrorism over the past decade. the controversial visa lottery under scrutiny after a jihaddist screamed allah akbar plowing through manhattan last month killing 8 people after being granted entry under the same visa lottery program. here to react is daniel hoffman. daniel, great to see you. this has been in place since 1990, sponsored by then congressman chuck schumer. does this keep us safer? >> you know, i think both parties would agree that

it's time to reform if not end the diversity visa program. i mean, i think it's roughly 5% of the 1 million visas that we issue. we would be best to apply our strategy to visa issuance rather than leave it up to chance and to lottery. brian: all right. since 2007. we have 20739 from iran. 70232 from sudan. 812 from syria. i'm not saying they are not all great people. we need to know if they're coming here, who they are. they win the lottery and bring over relatives because that's the chain pry migration that we fear. >> from my experience i don't think shutting down the visa diversity program is necessarily going to be the path to better counter terrorism effectiveness. for three reasons. first of all, we do vetting pretty well. and we do it -- we apply it for the visas that are issued for the diversity program as well with database checks and personal interviews. and that's important. we also -- we take a hard look at all these people and

we see that they are immigrants come to this country and many serve in the military and intelligence service. i served with lots of them in the cia and with the military. steve. brian: we just want to make sure who they are and who the process to get there i'm not sure this helps us and helps you guys to keep us safe. >> i do. one point, keep your eyes on the ball. it's the ungoverned space we allowed in iraq and syria the lesson we learned from 9/11. not a breeding ground petrie dish islamic extremists who choose to fight there it's also propaganda tool. brian: you are a cyber security expert. yesterday stunning news on the front page of the "new york times" has been breached, has been hacked. what did we lose? who did it. >> this is from shadow brokers. many viewers will recall the wanna cry ransom virus released way back in june this year. and targeted computers. and at this point we don't know exactly who is responsible. who are shadow brokers. we believe it's russia.

there have been three nsa employees who have been arrested. we're not sure if that's the result, if they were responsible for the leak of this information. really the forensics are ongoing, and that's very disturbing. brian: how much damage was done? what was lost? >> i would say massive kang. many in the ic believe it's worse than snowden. if he released the code words? this was the code. these are hacking tools. the. in sa is the most sophisticated agency in the world at hacking into foreign computers. and now we are unable to protect our own which is of concern. brian: i wish that was fake news. it's not. it's real. it happens. daniel, thank you so much. we appreciate it 10 minutes before the bottom of the hour country music star jason aldean brakes his silence. what it was like being on stage when the bullets started flying. collin kaepernick citizen of the year. now the reason to buy cologne except for the cologne. it has everything to do with

politics. chance owens here to weigh in. how does he view it from inside and outside the gate? this is not a cloud. this is a tomato tracked from farm to table on a blockchain, helping keep shoppers safe. this is a financial transaction secure from hacks and threats others can't see. this is a skyscraper whose elevators use iot data and ai to help thousands get to work safely and efficiently. this is not the cloud you know. this is the ibm cloud. the ibm cloud is the cloud for business. yours. ♪ ♪

steve: all right. some quick tuesday morning headlines for you. first, two dozen illegal immigrants convicted of drunk or drugged driving rounded up by ice. the six-day sting happening on long island in new york. some of those arrested have already been deported before: at least one person is the member of the gang ms-13. and border patrol agents go underground to save illegal immigrants. earlier this month the confined space entry team was called in twice to storm drains in el paso, texas. smugglers sent immigrants

into the drains to sneak under the border through the tunnel. agents carry out drills like this one to prepare. and they had to do it not long ago. brian: all right. he started the anthem kneeling protests in the nfl. exiled quarterback collin kaepernick looking for a job. he was just crowned gq 2017 citizen of the year. >> what collin is doing now did not pop out of nowhere. they're is a tradition of african-american athletes standing up using their platform to say something is wrong. >> the magazine putting kaepernick on the cover and comparing him to other athlete activists like muhammed ali. steve: here to discuss is author of liberalism or how to turn good men into wineries, wienies and wimps burgess owens. >> good to see you once again. steve: up in the corner it

says personal hero. i'm sure to some he is a hero. >> every generation always wants to give our next generation more hope. no matter what we do make sure they have better opportunities feel better about their country and go out there and overcome anything. what we are seeing in the black community is justth opposite. the heroes they are giving now are guys like this who put down our country, put down the police, give the darkest pictures of america and snoopy dog. understand within the community something behind the curtains have to look at. this has been going on a long time. at the end of the day we have to deal with the whole thing of the nfl. the deeper picture is how do we get our outcome black men to understand what manhood is all about. stand up, man up. and really change in their community the things that need to change. ainsley: what's the reaction with the black community with you not supporting kaepernick. >> i'm so encouraged i'm finding black americans across the country are waking up. some two years ago. some a long time. young men the next couple minutes, young guys who just ran for republican. i am so proud. i hope everyone stands

around and listens to them. this is the future of our country. we are waking up. america will be proud of the black community because we're going to stand up and really fight for our country. brian: i'm proud of them now. i believe they are all americans first. eagles malcolm jenkins met with lawmakers to help the community he went to washington. kenny steele met with miami police to talk about law enforcement and bridging the gap. that's the type of proactive meetings. not saying there is no issues to be addressed but go address the issues. >> here's the thing. we have a chance to either serve or complain. we can do demand or command. we command by getting out there and doing the heavy lifting. this guy kaepernick has not done anything. now is he being quiet. that's supposed to be a badge of honor now. stand up, articulate yourself, explain what you are all about and defend yourself. you don't sit there quietly behind the curtains and let everybody else do the heavy lifting for you. steve: along with the photographs in gq they have words from some people who regard them as heroes.

linda, who was one of the women behind the women's march said of kaepernick, i always tell collin you are an american hero. you may not feel like a hero right now. but one day people will realize the sacrifices that you made for so many others. there might even be a day when we'll be walking down collin kaepernick boulevard and people will remember what collin kaepernick did just like we remember muhammed ali. i truly believe that in my heart. >> what we have is very low standards. when collin kaepernick started the deal with 75% of black boys in california can't read and write. deals with 80% of black men young teens are not working right now. there is is lot of problems in our community and believe me it's not the police. brian: he said he would stand if he came back. he let everyone know that number two is with collin kaepernick unlike muhammed ali, when he gave up his belt, they took his belt away for three and a half years he couldn't fight, he went to college campuses and he took on everybody.

he went from the most elite institutions on down and said this is how i believe. this is america how i view it he made us talk about it. >> talk about principled person. even to put kaepernick in the same environment, the same sentence is remarkable. that's however we have gone. again, i put him in the circle of snoopy dog. so if you want to talk about hero and people think snoopy dog is a hero, you put this guy into that same league that's fine. steve: he has been very impactful. he has changed the way americans, many, watch football. >> the good thing always good that comes out of everything. the good things we're having with this conversation we will be able to deal with the real issues in the black community that's been quiet for a long, long time. thank goodness people are standing up. i'm excited about this. ainsley: a lot of people aren't even going to the games anymore. luke at some of these pictures where the stadiums are empty. where do we go from here. >> i experienced university of miami watched the hurricanes beat notre dame. brian: handily. they came out and put their

hands on their heart. 20 of them ran to the end zone and got on their knees and kicked butt. that's what they do. thankful. ask for help. brian: guys on the nfl aren't all on natural ability. they have had overcome a lot and they have overcome a lot. they have tremendous drive and appreciation for where they are at. i think they are getting a bad label now because of this they are oftentimes people to come looked up. >> we have to realize indoctrination for 20 years in the black community. we are not seeing bad guys. we are seeing bad information and teaching and education. ainsley: wrong timing. national anthem. steve: thank you, burgess. coming up, attorney general jeff sessions says he will not rule out a special counsel for the clinton foundation. this is a fox news alert. and the uranium one deal as well. that's something senator chuck grassley of iowa has been asking for. he is here to react in less than 10 minutes. brian: you have heard of support dogs, right?

this guy has a support squirrel. but it is driving his neighbors nuts. ainsley: no pun intended. can you take him on the airplane? first, happy birthday to our own bill hemmer. he turns 53 today. happy birthday, bill. brian: i want to meet him ♪ it's a celebration ♪ celebration time ♪ come on ♪ bp uses flir cameras - a new thermal imagining technology - to inspect difficult-to-reach pipelines, so we can detect leaks before humans can see them.

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60 percent said they would spend more time with friends and family if they didn't have to worry about buying or making gifts. brian: 25% say they would use that money on activities with friends and family. ainsley: at first i thought this sounds great. we are all a little stressed. now we have got to start buying gift. you buy gifts for your employees and co-workers. buy gifts for everyone in that family. steve: what christmas music does. trying tore remind you. ainsley: imagine waking up on christmas morning in your pajamas with your families and you don't do gifts you are like all right. what do we do? brian: do you know what you would do? you would shower and get dressed and then go downstairs fully dressed. rains ains it would be like any other day unless have you kids and santa comes to visit. brian: what about this? sit around and go honey, i just paid off some of my visa. merry christmas. because 37% say they would pay down debt. 37 percent said they would choose to save that money or invest it. hey, honey, i bought general

electric. steve: a real buy because it couldn't have gone much lower. no doubt about it. how many times do you say okay, so and so, should we buy them a gift? if there is a question whether or not to buy them a gift. you know, what have we gotten to? friends and family i get that. this is kind of a slippery slope because, remember historically the wise men brought jesus the gift. it's symbolic but clearly people have overdone it. you know, how often do you look, the pile under the christmas tree not as big as last year. ainsley: i have a friend. brian: do you think that? are you kidding? steve: whether you have three kids like i do all those it you toys under there now though don't have toys they have little things. ainsley: did you spend the exact amount on each kid? steve: my mom always did. she always put the cash -- these are gifts -- kids watching, we're not talking about santa's gifts. those are special. ainsley: santa is definitely talking. we are talking about the cash. brian: by the way i would like a lot of andrew

jacksons. steve: you have more than anybody. brian: the problem is it's become too scripted. christmas is coming here is it s. my list. you want yourself, fine. you don't know how to find what i want. i have the next size. next thing you know i wrapped up my own gift. steve: this is how scripted it has become. this is brian kilmeade on november 25th. hey, dawn, can you buy ainsley and the doocys something for christmas? ainsley: no. last year i got a gift. i got a gift and it said love dawn kilmeade. yes, it did. yes, it did. brian: it didn't say brian? ainsley: nope, not at all. brian: oh my goodness. ran out of words. ainsley: the company did it. it was love dawn kilmeade. brian: i never got a gift. ainsley: thank you your wife. steve: you paid for it but didn't get credit for it would you be one of those people who would skip holiday gifts, christmas gifts if your family and friends agreed to it? let us know.

ainsley: if someone doesn't want to give us gifts. don't buy them. >> my whole family, we used to buy gifts for everyone in the family a couple years we decided we are not going to do anymore. we do a big polyanna. we steal gifts from everybody. and it becomes very competitive. steve: never heard of that. ainsley: do you have a budget can you only spend x amount of dollars? jillian: we have to move on. we will talk about this later. brian: i think they want us to stretch. jillian: no, they don't. that's a sign i have got it talk about headlines. jason aldean opening up for the first time about his experience on stage the night of the mass shooting in las vegas. he says at first he thought a speaker blew. but when the noise kept going he didn't know what was going on. listen. >> when i turned to look, my guitar player had run behind me and was telling me to move. like to let's go. and my security guy was running on stage telling me to run. ainsley: he cancelled several shows after the massacre that left 58 people dead. the university of memphis is investigating one of its

professors over a tweet targeting sarah huckabee sanders. this all started after governor mike huckabee tweeted praise for an army pilot giving his jacket to his daughter. nursing professor judy kohl then replying, quote: if she froze to death she wouldn't be missed. kohl is the nursing professor. her tweet and account have been deleted. there is nothing like the vibes between a man and squirrel. how often do you hear that? get this. a florida housing complex wants to tear apart. ryan is outraged after getting conviction notice for pet brutus. he says he has ptsd and squirrel is emotional support animal. >> there is absolutely no way i would give her up. i'm not sure how an animal that weighs less than 2 pounds can harm anybody. jillian: the complexes exotic animals is not allowed. he has filed a human rights complaint. send it back to you guys.

brian: how do you investigate a squirrel? steve: squirrel is not exotic animal they live in your yard. brian: how do you catch one? steve: my grandma doocy in her front yard in bancroft, yaw back in the 160s she used to have a squirrel rocky. she would walk under the tree and say rocky. he would come down and jump on her shoulder i'm not making this up and she would feed him. brian: was that a disney special? steve: yes, it's the ortho evrtrevails ofgrandma doocy. brian: i have bad news we have extreme weather. ainsley: powerful storm sweeping through the northwest. killing one person and injuring five others. high winds and heavy rains knocking down trees and power lines across washington state. brian: 30-year-old woman killed when a tree fell on to her car with her toddler inside. the boy not hurt. steve: janice dean is tracking the storm. and she joins us right now live from the screen and there it is right there.

janice: right in the west. this is the time of the year we get big pacific storms and they become our big weathermakers across the country. that's exactly what's going to happen with this one unfortunately across the northwest. and watch as we go further out in time with future radar. all of this moisture, we will see heavy rain, heavy snow and very guesty winds with next storm system moving as far as south as central california. this is the one that's going to be our big weathermaker if you are traveling this weekend, friday, saturday, sunday. a lot of folks, of course, getting a jump start on thanksgiving plans. this one is going to be the big weather centermaker that a lot of weather folks will be talking about. there is the forecast today. not too bad. that big storm system moves into the northwest. we have a another storm moving into the midwest. bringing in a mixture of rain and snow across the great lakes and you were midwest. looks good across the east coast for now. but, again, if you are traveling this weekend, you want to keep an eye on that pacific storm that's going to move in and we will certainly be tracking it from the fox news extreme weather center. i just want to point out squirrels that are on, you know, the jet skis.

have you seen that video with the squirrel on the jet skis? squirrels can do pretty much anything. steve: they can. maybe that's why they call them exotic animal. just saying. thanks, j.d. it is 18 manipulates before the top of the hour. fox news alert, attorney general jeff sessions not ruling out a special counsel for the clintons and uranium one deal. senator chuck grassley from iowa has been asking for that he is going to join us live next. ainsley: they have been best friends since middle school, now they are the youngest black republicans ever elected in one of the bluest states in our country. they are both going to join us live in the next hour. ♪ ♪ rocking and a rolling ♪ rocking an in the u.s.a. ♪ ♪

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steve: a fox news alert. the justice department announcing federal prosecutors are evaluating the uranium one deal and ties to the clinton foundation leaving the door open for another special counsel. senator chuck grassley of iowa is one of the lawmakers who has been calling for this. he is the chairman of the senate judiciary committee he joins us live from the russell rotunda. senator, good morning to you. >> good morning. thank you for having me. steve: this is good news for you because you and other republicans up on capitol hill have been saying, you got to look into this stuff. now it looks like they are. right? >> absolutely. the reason that i asked for special counsel is because the extent to which mueller was head of the fbi at the time of the uranium one stuff and he's special counsel in the trump russia investigation. i suggested that maybe another special counsel would bring about more independence and more

credibility to the investigation but if it's going on within the department of justice and people that aren't had anything to do with it at that time or weren't close to the leadership of the department of justice or the fbi at that time, if they can carry it out, i'm satisfied with that. steve: okay. it sounds like things that i know congressional republicans have said you've got to look into the department of justice. you've got to look into the uranium one deal. you've got to look at pay per play with the clinton foundation. you've got to look into the unmasking of american citizens during the campaign. the dossier. and leaking classified information to the media. is that about the list of your biggest concerns? >> it would include all of those. but i would put it at a 50,000 level, explain it a little different way. when i had a democratic senator say why are you interested in getting into the clinton email stuff and

stuff of that nature. and i said it isn't about clinton. it isn't about trump. and russia. what all this is about is political interference within the justice department. is there political interference in the fbi? that's the issue. and it doesn't matter whether there is political influence under republican presidents or under democrat president. it's the responsibility of the judiciary committee to investigate it. steve: senator, what you just said is kind of scary for people watching right now to think that the department of justice could be political. >> i think that we have had some evidence of it look at clinton and the attorney general at that time. their meeting on the airplane. you look at comey assuming prosecutorial decision from the attorney general in regard to whether clinton

ought to be investigated and charged with anything. back in that famous july 2016 speech as an example. steve: absolutely to. name other things as well. before did you go, got to ask you, the president is of the united states is heading back to the united states. he has some big announcements tomorrow. did he tweet out something about he is going to be happy to see y'all working on tax reform. what is the status there? do you feel that the senate is going to pass something? >> the senate finance committee that i used to chair and now a member of will have a bill out by late thursday afternoon or evening. the house had theirs out of ways and means last week. the house will pass a bill by thursday or friday of this week. so it's halfway through the congress by the end of this week. the week after thanksgiving the senate will be taking it up. we will pass it within one week. it will go to conference between the house and senate. we have a bill to the

president before christmas. well before christmas. steve: all right. that would be a good gift for him because that's what he wants. senator chuck grassly from the great state of iowa where i was born. senator, thank you very much for joining us live today. >> and it would be a big deal for the taxpayers. steve: it would be indeed. all right. thank you, sir. all right. come up on this tuesday. california is just weeks away from officially becoming a sanctuary state. and a majority states' sheriffs say they are against that law. one of those sheriffs joins us live next. plus, judge andrew napolitano and former speaker of the house newt gingrich both here live on "fox & friends" on this tuesday morning. ♪ i'm coming out ♪ so you better get this party started ♪ i'm coming out so you better get this party started

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♪ ainsley: on january 1st, california will become a sanctuary state. a new law going into effect will put sharp limits on how local law enforcement can communicate with the federal authorities. but a majority of the state sheriffs say that they are against the law, that they are soon going to have to enforce. joining me now is one of those sheriffs, fresno county sheriff margaret. thanks for joining us. >> good morning. ainsley: how many sheriffs do you have in your state and how many oppose the new sanctuary state law? >> well, there are 58 counties in the state of california and most of the sheriffs in the state oppose sb 54. in fact, our association, our statewide association officially oppose by letter to the author of this bill against the sanctuary state designation. ainsley: my information says that 40 sheriffs in your state oppose it that only the majority, they are not

in favor of this. why don't you like it? what's the biggest problem for you? >> well, state legislators are trying to dictate which federal law enforcement agencies, local sheriffs can communicate with. and that's wrong. i believe that we need to freely communicate with our federal law enforcement partners when it comes to the safety of our communities. and the sanctuary state bill restricts that communication. my fear is what's next? are they going to restrict us from talking to the fbi or the dea? we should have unfettered access and communication when we're trying to keep our communities safe. ainsley: there are two things that stick out for me that legislators are trying to dictate how you are trying to do your job and keep us safe. illegal criminals have more rights than the tax-paying citizens. >> one thing that we need to remember once you are on u.s. soil, the u.s. constitution applies to you. even though you are here

illegally. so i agree there is due process. however, we have to make sure that we hold those accountability that are here illegally and commit crimes and are booked into our local jails are taken care of through our immigration forces and our services. that's the beauty of being able to communicate with our federal law enforcement partners. if they don't have access to our jails, and to interview the criminals that get arrested, then what's going to happen is there is not going to be any other choice but have them go out into our communities to do their jobs. why would you restrict their ability to do their job in a safe, controlled environment like a county jail? ainsley: that's the question we are all wondering. we have to have you back in about six months and let us know how things are going there in california. this law goes in effect month and a half on january 1st. thanks so much for joining us, sheriff. >> you bet. ainsley: republican senators threatening to expel roy moore if he wins the bample special election. but can they really do that?

judge napolitano says not so fast. he's on the case at the top of the hour. ♪

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steve: jeff sessions has directed his prosecutors tore investigate. ainsley: hillary clinton for uranium one and administration for break the law. >> these are congressional criminal referrals which means that the department of justice now takes that one step further. >> what all this is about is there political interference in the fbi. brian: so don jr. made a move. he said i'm going to release everything i have of my interaction with wikileaks. >> it's not a crime to communicate with a foreign national, including a russian. >> this is absolutely false. i never did what she said i did. >> state republican party, they could disassociate themselves from judge moore in a formal way. if he still receives the most votes, our election would be declared null and

void. >> senator rand paul returning to capitol hill after the attack that he says broke six of his ribs. senator paul tweeted ready to fight for tax cuts. >> we have a chance to either serve or complain. this collin kaepernick has not done anything but complain. he is now being quiet and that's supposed to be a badge of honor ♪ ♪ ♪ ♪ ♪ she can't stop ♪ and we won't stop ♪ brian: one of the things about having judge napolitano on if you come on you get to pick your own music and he said miley cyrus. steve: want something from hannah montana. brian: not her name anymore. >> he she is long time friend and former neighbor. i'm only kidding. brian: i believed you. steve: it's the judge with us today.

we have plenty to talk about. in fact, judge, we start with a fox news alert. steve: the department of justice has received congressional criminal referrals from a number of congressional republicans. they want the department of justice to, perhaps, name a special counselor to look into that one and any connections to uranium one. the clinton foundation, and on and on. what do you think? >> i think these matters should have been investigated a long time ago. but i don't think we need another independent counsel. independent counsels are dangerous for two reasons. one, they are not accountability through the ordinary political chain of command to the attorney general and to the president. they operate on their own. justice scascalia warned about n a case he wrote dissent. you can't delegate authority to independent entity that answers to no one. two, they often want to justify their existence. are they going to spend 8 or 9 or 10 or $50 million and not indict somebody? or just indict somebody to

justify their existence and expenditure. there is no reason that the justice department can't do. this but someone must do it because the apparent evidence of crime emails, clinton foundation, and uranium one. three different cases. it is so apparent that there is evidence there it begs for an investigation. brian: we have had it since peter swirdz's book was published. we have a little more information. why now? because of the editorials yesterday because jeff sessions is going town vale today. >> i'm sorry to say that's the reason it came out last night. jeff sessions without that announcement last night was in a vice. democrats on one side saying what did you know about russia and when did you know it and when did you tell chuck grassley and the senate judiciary committee. the republicans saying if you really recommended to the president that james comey be fired because he dropped the ball on hillary clinton, pick up the ball and run with it. present the evidence against her to a grand jury. and by the way, what's going on with uranium one and was the clinton foundation really authorized to collect tax-free dollars it wasn't

at the time it was collecting all those hundreds of millions. so in order to relieve some of the pressure on him and because i think he believes he is doing the right thing. i say this as a friend of his so it's a little difficult for me to criticize him. it would be like you credit siding you, brian. >> how could you dare? >> he has made a decision last night which will take some of the heat off him and gratify the clamor of republicans for the justice department to do something. here's the other problem. there was an institutional reluctance in government to investigate your predecessors. loretta lynch and her doj because you don't want your successors to investigate you. i have condemned that institutional reluctance because the american public is entitled to know what the government is doing what it has done and prosecute those who have misused government authority. ainsley: this will set a precedence. if we don't stop this now, if something did go on illegally, then going forward, the dnc or hillary clinton, whoever it is can

think they can get away with it we were speaking at engagement last friday down in florida. we asked the crowd what do you think. brian: at a brewery. ainsley: at a brewery. we asked the whole crowd do you think the dnc should be held accountable if they did something wrong. the whole crowd went yes, yes, yes. investigate. some people have said move on. they want it investigated. senator, we had chuck grassley on the show earlier. he said it's not about politics. this is about finding out if something illegal happened, we need to investigate. listen to this. >> when i had a democrat senator say why are you interested in getting into the clinton email stuff and stuff of that nature and i said it isn't about clinton it isn't about trump and russia what all this is about is political interference within the justice department is there political interference in the fbi. that's the issue. doesn't matter whether there is political influence under

republican presidents or under democrat president, it's the responsibility of the judiciary committee to investigate it. >> and 100 percent i fully agree with him. but, the judiciary committee can only investigate it can't indict. the justice department can present this evidence whether it's against mrs. clinton or anybody to a grand jury and seek an indictment. so that's an investigation with teeth. steve: judge, because it is a criminal referral that the department of justice received from congressional members, is there a possibility somebody could go to jail over this stuff? >> yes. yes, there is a possibility. many of us have been arguing for a couple of years now that there is more than enough evidence to have indicted mrs. clinton for espionage. the failure to safeguard state secrets that were given to her for safe-keeping. now it appears there is enough evidence to commence an investigation as to whether or not she was bribed. whether or not somebody paid $148 million, bundled that, and gave it to the clinton foundation in return for her

vote to allow this group that did the bundling. kremlin controlled. you can't make this up. uranium -- brian: we have huge agenda. let's go to something else that emermingd. atlantic was the first report last night donald trump jr. received private messages from wikileaks twitter account. many think from julian assange directly direct message on twitter and saw some interaction there. when this came out, don jr. published the interactions all they have. this was handed over to the senate judiciary committee investigation and it's leaked out. how familiar of a problem is this for the trump campaign? >> it's a problem that it leaked out. but if it's just communication, it is -- as gregg jarrett said last night, it is no crime to communicate with anybody about anything. this is america. you can talk to anybody about anything. however, if an agreement combings out ocomes out ofconvee running a federal campaign and the agreement is to receive something of value from a foreign entity, then you have a problem.

wikileaks has been characterized by mike pompeo who runs the cia as not a legitimate enterprise that looks for the truth but an advocate that seeks to harm american interests. steve: right. >> i happen to like some of the stuff that they released because i think we need to know it but they are adversarial with the government. steve: let's talk about one other thing that has dominated the headline. that is the roy moore republican candidate for senate down in the great state of alabama. moormore republican senators are dropping their support. this is a big mess for the republican party down there. >> it is. the republican party is concerned about its relationship with women. and it may have to make the choice between being very, very pro-women and distancing itself from anybody as to whom serious and credible allegations have been made about inappropriate behavior, in some cases criminal. again, these are just

allegations with women. and accepting a democrat in his place, which gives mitch mcconnell a raiser thin 51 to 49 majority in the senate. or accepting this guy in the senate that nobody even wants to shake his hand. brian: if he steps aside, he doesn't leave the ballot, right? >> correct. brian: you are the sore loser law that says luther strange or mo brooks couldn't be the person. who could be the person. are they that red of a state to still put something in there who didn't get the nomination? >> only person who could win a write-in hands down doesn't want to leave his job as attorney general. ainsley: so he couldn't step down now and one of these other republicans replace him on the ballot? >> well, no. couldn'ten be on the ballot. they cannot physically change the ballot if he steps down. if he is elected, the senate must seat him because the supreme court has ruled that there is only two requirements after being elected. one is that you are 30 years

old under the constitution and the other is from the state that elected you. they can't add another requirement that you have a pure background. brian: they lost ted cruz. >> politically it's a disaster. brian: there is nobody on his side right now. >> correct. brian: last accuser comes out. locals claim that moore used to hang out at malls flirting with teen girls. >> and may have been banned from a mall while he was a public official, while he was attorney general. this stuff is horrific. and it's beginning to be, if i may, sound more credible than his denials. here's the second problem confronting the senate. they want to somebody they need two thirds votes. they need 16 democrats to go along with it now the burden is on the democrats. do they want this damaged republican in there that the other republicans won't even talk to or they want the republican governor to put luther strange back in there? second problem, with respect to expulsion is, no one has ever been expelled from the congress because of something they did before

they were in office but only while they were in office. 1862 for treason against the united states when they supported the confederacy. ainsley: ultimately what do you think will happen. >> i think the democrat will ultimately win. i know at love people don't want to hear that but i think that's what will happen. steve: what happened to menendez in new jersey. trial jurors say they are deadlocked. the judge said go home, sleep on it, come back and try to do something. >> this judge is a former colleague of mine. he is a very bright guy yale law school. he has created a mess. brian: why? >> by stopping the trial at 3:30 every day and not sitting on fridays. he extended it longer than he needed knowing he promised this juror she could go on his or her vacation in the middle of november. steve: juror who thought he was innocent. >> knowing once she was freed from the constraints of the trial she would start talking about the press about everything that went on in the jury room. this is rife for a mistrial. i don't know if bob menendez

is innocent or guilty, but i suggest to you that it's wrong for the government to interest v. to try him again. that's probably what's going to happen because the judge dropped the ball. brian: if he is found guilty, will it be the governor elect that decides? >> yes. brian: not the sitting governor. >> yes. because, again, he can only be expelled by a two thirds vote and chuck schumer could delay that vote until phil murphy is the governor rather than governor christie who is in there. ainsley: does the judge have a history of doing this kind of thing? >> i would rather not answer. let's just say the judge is an outlier. he does his own thing his own way. brian: you guys want to have lunch. steve: judge, i wish there was something we could have talked to you about today. thank you very much. >> pleasure, guys. steve: jillian, pick up the ball from here. jillian: we begin with a fox news alert. this is out of tampa. news that a possible serial killer may have struck again. police finding a body in the seminole heights neighborhood in tampa, florida where three other people died last month. investigators are calling this a suspicious death.

three people were shot and killed in a 10 day span last month. all of them alone at the time. police have been looking for this hooded suspect on the screen surveillance video after two of the shootings. we will keep you posted on the latest. another fox news alert. >> president trump is on his way back to the u.s. after wrapping up his 12-day tour through asia. he says he will land in washington, d.c. tonight after meeting with key allies at an economic conference in the philippines. the president promising a big announcement once he returns tweeting, quote: i will be making a major statement from the white house upon my rush to d.c., time and date to be set. and we now know the president personally asked his chinese counterpart to help resolve the shoplifting case involving the ucla basketball team. three mayor's were arrested while in china for a tournament last week. guys? steve: did not know that thanks, jillian. jill. ainsley: thank you. steve: senator rand paul of kentucky has returned to capitol hill after being attacked by his neighbor. we will find out what he

said yesterday.

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♪ ♪ steve: kentucky senator rand paul making his return to the u.s. senate with six broken ribs after being attacked by his neighbor while he was out in his lawn. ryan brian the kentucky republican eager to get back to work and bring tax reform

to the american people. americans meaning us. ainsley: griff jenkins joins us live from washington which is also in america with the latest. griff? >> good morning, guys. he was welcomed by open arms with his colleagues in the senate but he had to limit his own arm movements while casting votes because of that attack that left him with six broken ribs and fluid between his lungs and chest. earlier in the day paul tweeted that he was still in a good deal of pain but, quote, ready to fight for liberty and help move forward with tax cuts in the coming days and weeks. this all began, of course, which when senator paul was blind sided back on november 3rd at his home in bowling green by his neighbor of 17 his neighbor rene boucher. motive unknown. it could be a lawn care dispute. others stated was politically motivated because boucher has some pretty known anti-republican views. senator paul hasn't commented specifically on what he thinks spurred the attack. did he tell "the washington examiner" yesterday quote there is no motive that would justify hitting someone from behind and

breaking their ribs and damaging their lungs. there is no justification for something like that. boucher appeared in court last week to enter a not guilty plea on misdemeanor chargessenned at attorney says the incident was not politically motivated in nature. the fbi also looking into this to determine if any federal crimes could have been committed. the president, by the way, returning from his overseas trips tweeted words of encouragement saying great to see rand paul looking well and back on the senate floor. he will help us with tax cuts and reform. i can add to this, guys, we have been communicating with the staff. senator paul's spokesman telling us is he happy to be black and appreciative of the support he has gotten from all over the country but this recovery will take several more months. steve: thanks, griff. brian: not only a bruised lung on top of it. steve: i had a broken rib once. it hurt. you have to worry about it puncturing your lung.

ainsley: a broken bone of any sort can be painful. steve: some neighbor. meanwhile, the truck-driving terrorist who mowed down 8 people in new york city was here on the visa diversity program. apparently he was not the only one to come into this country on that. disturbing new numbers about that lottery have just been revealed. brian: and they have been best friends since middle school. now, they are the youngest black republicans ever elected in one of the bluest states in the country. they will both join us live unless they get in a fight. [laughter] ainsley: red, white, and blue. ♪ how do you like me now ♪ how do you like me now ♪ how do you like me now [ keyboard clacking ] [ clacking continues ] good questions lead to good answers.

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ainsley: we have real quick headlines for you. anti-trump is coming to our

nation's capital located just a half mile from trump international hotel. called the eaten d.c. video of president obama will be played on a loop on all the walls, every room will have a bible, a quran and the u.n. declaration of human rights. rooms are expected to cost $200 a night. if you are a democrat, that's where you want to stay. and this woman could probably spend a few nights there with all the money that she has been showered with a go fund me campaign growing for the cyclist who was fired after flipping off president trump's motorcade. more than $70,000 now raised for julie briskman. the go fund me calling her a, quote, inspiration to us all. briskman claims that her employer, a government contractor fired her for violating the company's social media policy. steve: meanwhile, age is just a number for these 20-year-olds. they are believed to be the youngest black republicans ever elected to political office in the deep blue state of connecticut. brian: ed ford jr. and tyler brown met back in middle

school served as student vice president and president in their high school. they are continuing their journey of public service and they are not done yet. ainsley: ed is in the red tie and tyler in the blue tie. you have all been best friends since high school. >> like i tell everyone i met him playing two hand touch quarterback. he was the quarterback and i was a receiver and we both connected. ainsley: you were senior class president and vice president. >> vice president, yes. ainsley: you are already working on the reunions. >> had i known, i might not have ran. steve: you guys tonight are going to be sworn in to the middletown planning and zoning commission. >> he is running for -- he ran for board of ed i'm on the planning commission. steve: my question to you tyler, is what do you know about that? >> well, one thing i continue to tell people is especially when they ask me about my youth and experience. steve: right. >> i don't feel like that directly plays an impact because if that were to be

the case, we wouldn't be in the horrific situation we are in right now in connecticut. i believe it's just going to take a little bit of common sense and really alleviating the burden that we are putting on the residents in that city in terms of all the property taxes by bringing in more businesses, growing our grant list. giving business owners and developers incentives to come and do business in middletown. we are competing with 160 other towns in connecticut. brian brian you are southern connecticut that will be a big help. ed, psychology major, how is that going to help you at central connecticut? how did that going to help do you your job? >> i know for me personally i give glory to god for me being here in the first place. i have a passion for kids. i have a passion for people, for helping people. for really reaching out and helping them with the problems that they are dealing with and for the children in middletown, connecticut, they are going through all the problems that i went through myself. you know, i went through different issues that the kids today are still facing and i believe that age is, like you said, is just a number. when you are going to solve

a problem, it doesn't matter about your age. it matters about the wisdom, the experience that you have to put forward and the passion to go with that, nothing can stop that. ainsley: tyler, your stories are pretty phenomenal. because you come from military families. i love you are giving glory to god. you from a blue state. conservative, african-americans if you look at the numbers. most of them are not conservative. how did you become conservative? >> really one thing i continue to say is i have yet to see anything that the democratic party has constantly ran on that would benefit me. i know they constantly go to the african-american community during election time get their votes they don't anything for them. i feel as though smaller government, fiscal responsibility and all that will play a better impact in

the life of an african-american through true conservative values that's why i'm a republican. ainsley: ed, how about for you. >> fiscal responsibility and religious freedom. a lot of african-americans do want to be more so involved in politics. they want freedom when it comes to religious freedom and fiscally responsible. the republican party we can do better tore try to usher them in and welcome them. in show them we are a party that can fit all people. brian: tyler, this is your first stop. have you big plans. what are your plans? >> i mean taking it step-by-step. whatever god allows me to go to. if it ever went up to the white house, hey. president trump, if you are watching, i would love to come down and see you. that's for sure. ainsley: you will probably get a call. >> tweet me. ainsley: you said you want to have the reunion at the white house.

>> that would be amazing. >> it would be. ainsley: you were president at white house. would you be president at the white house and you be the vp. >> if we both would that would be cool. ainsley: just have to go together. that's what makes the story so cute. >> we want to serve this country to the best of our ability. ainsley: god bless you both. thank you for come on. >> thanks for having us. ainsley: have you heard collin kaepernick is gq's citizen of the year. florida congressman brian mast lost both of his legs fighting for our country in afghanistan. he knows who the real heroes are he says. he's coming up next. brian: thanksgiving trend giving new meaning to comfort food thanksgiving pants you are going to want. steve: i need me a pair of those ♪ i'm on the hunt after you ♪ i'm lost in a crowd ♪ and i'm hungry like the wolf ♪

♪ ♪ ♪ wake me up when it's all over ♪ when i'm wiser and i'm older ♪ all this time i was. ainsley: wait for it we have got to hear for it ♪ so wake me up when it's all over. ainsley: louder, please. louder. ♪ when i'm wiser and i'm older. steve: we have been awake for five hours. ainsley: people are like please, not louder, not louder. i love that song. puts new a good mood. christmas decorations are up here in new york. brian: this last weekend was and hopefully corresponding weekends veterans day weekend. we have a special veteran going to be coming up straight ahead. and he also is still giving back to the country. steve: that's right. let's introduce to you brian mast, he is a republican congressman from down in the great state of florida. he is also a u.s. army vet who lost both legs in an ied

blast while deployed in afghanistan. congressman, good morning to you. >> good morning. how are you all doing? ainsley: good morning. steve: we wanted to start by asking you about your impressions regarding the fact that gq magazine has named collin kaepernick the citizen of the year and up in the corner had refers to the new american heroes. and i'm sure to some he is an american hero. curious about your point of view. >> yeah. i wouldn't rank him in that class. i have known great men and women who served on this battle field that i would rank as american heroes. i get the opportunity to speak to young people quite often. and the point that i always make to young people when i speak to them is that they are going to go out there and they are going to inspire somebody. every one of us we inspire other people. what's yet to be seen is whether we bring the best out of them or whether we bring the worst out of them. collin kaepernick has brought about divisiveness. he has divided us and he has disrespected our flag, something that means so much to so many and he has really stolen one of the greatest moments of maker can that amerid

professional sports. i don't think that's worthy of praise. ainsley: you gave us "your word" legs for our country. linda sourcor one of the founders of the women's march she said i always tell collin you are an american hero. you may not feel like a hero right now. one day people will recognize the sacrifices you made for so many others. there might be a way when we will be walking down collin kaepernick boulevard and people will remember what collin kaepernick did just like we remember muhammed ali. i truly believe that that in my heart. for a man who lost both of his legs, would you want to walk down collin kaepernick boulevard? what are your thoughts on that comment? >> no. i would find a different route. you wouldn't find me walking down that road or driving down that road. my thoughts are simple. i can think of some of other people worthy of that kind of praise. i was talking to bawdy of mine last night rob jones. a marine veteran. he lost both legs similar to the way i lost my legs. he literally just ran a

marathon a day for the last 30 days. that's inspiration. that's drawing the best out of people. that's the kind of person you name something after and you honor. not somebody who goes out there and finds a way to divide this country. ainsley: that's the kind of person we want to have on our show. he is on in the next hour. steve: he is down in the green room right now. brian: let's hit on something else around the country that's this visa lottery program it turns out upon further review this isn't aberration. since the 190s we have been doing. this letting in people darkest placest on the planet from lottery system 50,000 annually. since 2007 over 21,000 from iran. 7232 from sudan. and have you got 812 from syria alone. you are looking at these other nations. not that they are not some great people there but is this diversity visa lottery have americans' best interest in mind? >> absolutely not. you know, as lawmakers, as anybody out there that cares about the safety and the

well-being of the citizens of our country, we need to come to a realization and we need to come come to it quick it is the right of the american people to be protected. it ♪ the right of somebody outside of our country to come into our country uninvited or without reason. we get to make that determination. we need to make it wisely. we are a targeted nation. our citizens are targeted. we are well aware of this. if we are not being smart about that we are doing a major disservice. steve: those are all countries that are clearly designated by federal government as state sponsors of terror. meanwhile, let's talk about something you know a lot about. that is military service. the u.s. army has lifted the ban on recruits with a history of mental illness, self-mutilation. substance abuse, et cetera. they can now get waivers to join the service. what do you make of that? >> so it's not an open call-out to say that they are actively recruiting. it's saying there is an option to wave somebody in for this. i personally don't think it's a good idea. you can look at those situations that occur on the

battlefield. we know they bring about increased stress. post-traumatic stress. sometimes it brings about suicide in individuals. so, to put people in to that situation that are already prone to perhaps suicide or to, you know, bipolar or to self-mutilation to already put them into those situations doesn't seem like the wisest move in my opinion. i don't think it's a route we should be taking. the work we do on battlefield is dangerous. almost very often deadly. we need to make sure that the people there are 100 percent about team when they're out there conducting these actions. they are about their brothers and their sisters to their left and right. if there is something taking away from that. ainsley: my friends out on the battlefield officers usually send those officers home, right, those men and women having mental i. they don't want them out on the battlefield too dangerous for them and folks they are fighting with. >> our lives are intertwined as one another out there fighting. the person to your left and to the person to your right. if one of us makes the wrong decision it, can mean the life of another person it

matters. you have to the right person there. brian: i would like to see psychologist with the recruiting a guy like abraham lincoln known manic oppressive. should we have let him in the battlefield. mike wallace spent whole life suffering from depression. he couldn't have been more productive as a reporter than him. i think there is a nuances there, don't you think? >> there is a time and place for each person and where they belong and where they can do their greatest work. but when you are talking about situations where you know that the work that you're doing does place you at increased risk of protest traumatic stress, where you are being targeted by snipers. where you are working across land mines. where you are going to hold the life of your brother in your hands and maybe you will be able to save that life. maybe you will lose that life. those are things that do affect your cycley. they effect the way you think about things in the very next moment and next day and years to come. you have to make sure that you are putting the people that are most mentally eequipped and most mentally stable onto the battlefield into those situations.

steve: surely. >> you are doing a disservice if you don't. steve: congressman brian mast. thank you for that a lot of people didn't know what's going on: time for some news. jillian: good tuesday morning to you guys and to you at home as well. let's get you caught up on news of the day including. this 12 members are charged in the hazing death of fraternity pledge at penn state. new surveillance video showing timothy was given at least 18 drinks in just an hour and 22 minutes back in february of 2016. they believe someone intentionally deleted that clip. >> they claimed we don't know what else happened other than what was seen in the upstairs video. and we don't know what happened in the basement. guess what, guys? now we know. jillian: at least two dozen people now face charges in the case. flight attendant seriously hurt after falling onto the tarmac from a parked plane. watch the shocking video showing the flight attendant stepping through the gap

between a loading stairs and a cabin door hanging from the bottom before falling at the airport in china. she is now recovering from spine compression fractures. ouch, parents left outrages after their sixth graders are quizzed about mistresses and -- handed thought consumer sciences class in virginia. what do you call a married man's girlfriend. the superintendent apologized it was not appropriate and never approved by the school. the teacher downloaded it off the internet it was never meant for the kids. know what we are all wearing on thanksgiving. stove top has a way for you to pig out in comfort. >> introducing stove top thanksgiving dinner pants. this is the stuff thanksgiving is made of. jillian: is that amazing or what. thanksgiving dinner plants turkey belly. pants look like stove topped stuffing being sold online

for 20 bucks a pair. if we can get them here i will wear them. steve: absolutely. are they real? i know so stove tom. jillian: selling them 20 bucks a pair. ainsley: look like my maternity jeans had a bunch of elastic. will. jillian: very elastic. ainsley: saying my maternity wear was not. steve: janice dean the weather machine has some weather. janice: i will be the poster girl for the stove top muffin top. how are you ladies? where are from you? >> baton rouge. janice: you have a ladies trip, right? >> yes. janice: thanks for coming to next. do you have a birthday coming up. >> yes. >> what's your name. >> kailey waters. >> where are you from. >> montgomery, alabama. >> are you going to treat her well today? >> we are going back this afternoon. janice: at least you get to celebrate with all of us on "fox & friends." >> that's right. janice: thank you for being here. look quickly at the maps.

winter storm across the west coast. this is going to be our big weather maker a lot of folks are traveling for early thanksgiving. so we're going to see a lot of heavy rain and a lot of heavy snow. this is going to move across the central u.s. there your forecast today. very quiet right now. again, that west coast weathermaker is one we are going to watch over the next couple days. will you stick around? we have a game show happening here on the plaza. >> absolutely. janice: absolutely? okay. say hi to steve, brian, and ainsley. >> hi. janice: are they your favorites? [cheers] ainsley: ladies trips are the best. give them our love. steve: a lot of fun. president trump tapping alex czar to be the next health and human services. what does it mean for obamacare. dr. marc siegel is next. brian: big pharma guy. ainsley: would you give up your family christmas gifts if your family agreed to it. steve: all of them? ainsley: no gifts.

the surprising new survey that has a lot of you talking this morning. brian: most of you would say -- i better leave it as a tease ♪ christmas time ♪ ho ho ho ♪ looks a little tight. perfect fit. santa needs an f-150. that's ford, america's best selling brand. hurry in today for 0% financing for 72 months across the full line of ford cars, trucks and suvs! and just announced... get 0 % apr for 72 months plus $1000 cash back! take advantage of these exclusive holiday offers during the ford year end sales event.

♪ ♪ steve: well, president trump has tapped his pick for health and human services secretary tweeting this out: happy to announce i'm nominating alex azar to be the next hhs secretary. he will be a star, that kind of rhymes, for better healthcare and lower drug prices. so is president trump's pick the right choice? here to weigh in fox news contributor and fox news medical a team member dr. marc siegel. >> hi, steve. steve: you like this guy? >> i like his experience, for starters. he already has had two major positions at health and human services. the second one he was the coo the chief operating officer. he coordinated already for mike left in 2005 to 7.

he coordinated the surgeon general, the nih, the fda. you know, health and human services medicare, medicaid services, it's huge. it has a trillion-dollar budget. so the fact that he has already run the place is an enormous advantage. he actually got approved for it easily through the senate. steve: what about the fact that he comes from a big pharmaceutical company? because, you know, people looking in think oh he might be in the tank for them. make sure they continue to make a lot of dough. >> democrats had the same criticism with scott gottlieb when he was made head of fda. >> he has done all this stuff with pharmaceuticals. what has he done since he has been in? he has been work opening bringing down drug prices getting more generics approved and rest regulation. i expect the same thing with a czar. the fact he was with lily for seven years means he knows how it works. evidence knows the operations of a drug company. that's what you need to bring down drug prices. steve: he understands the law.

is he a graduate of the yale law school. >> absolutely. steve: he clerked for antonin scalia. >> he clerked for antonin scalia and general counsel for tommy bush for five years with health and human services. he couldn't be more credentialed. both times when he became general counsel for hhs and then again when he became the number two person at hhs, he got a straight up vote for the senate. if there is a problem now, it's got to be politics. this is a great pick by trump. he's a very qualified person for this. you know what he is known for? being cost-effective. bringing costs down. so if he takes on obamacare here, he may do it in terms of regulations. you heard secretary price in the past say there is all these excess regulations with obamacare. well, health and human services secretary has a lot of options for deregulating. hardship excuses. you can say, look, i want out on that. i have a religious region. maybe i need a catastrophic policy. there is a lot of ways to deregulate obamacare short of repeal and replace that may help people make other

choices. steve: you say the only problem he could face would be politics. have you been watching tv? do you know there is a lot of politics going on right now? >> despite all of that i predict he is going to be approved. i think he has a lot of support in the senate. i think he is going to be approved. i think he is a good choice for this. by the way he already knows the surgeon general well. indiana politics. he know the the medicare and medicaid services. they worked well together then under governor pence in indiana. it's going to be a well-oil machined. steve: you like the guy. like his crentsd. >> yes. steve: good to see you. >> good to see you. steve: special counsel looking into hillary clinton's dealings. attorney general jeff sessions not ruling it out. newt gingrich here to react in the next hour. and would you give up christmas gifts if your family all agreed to it? there is a new survey that has a lot of you talking. carley shimkus, would she give up her gifts? she is going to talk about that next ♪ holding on the me so tight

♪ what more can i do ♪ baby you nervous? ♪ ♪ ♪ ♪

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♪ ♪ steve: all right. let's bring in carley shimkus. carley, there is a harris poll that is rocketing around the internet 70% of americans would skip holiday gifts if their families and friends agreed to it. how is that possible? >> this is surprising to me. because, to me, christmas is all about giving gifts and also about receiving gifts. what do you guys think? brian: i like giving. i'm not really a good receiver. >> what? ainsley: really. brian: great for kids. america is so stressed for gift-giving taking the fun out of the season. ainsley: what stresses you out? buying for your wife? your wife probably buys for the kids. brian: we shouldn't talk about me in front of our guests. >> sometimes gift-giving can

be stressful. we asked our "fox & friends" viewers what they thought about this topic and we have some responses. ainsley: what did they say. >> arlene says one gift for each family member. no cheating. each friend must agree so nobody feels uncomfortable. caroline also said instead of getting everyone a gift in a circle of friends, draw names. ainsley: that's a good one. >> that reduces stress. rebecca i could willingly forego gifts for adults to the for my grand kids. barbara says i love giving gifts. i'm not so hot about receiving. i'm really good at receiving gifts. i have never heard somebody that they're not good at receiving presents. steve: we go overboard. every year we try to outdo the christmas before. >> it can get very expensive. 25% of people said they would rather spend the money on activities instead of material things. they would rather spend time with their family and friends. ainsley: wise men gave three gifts. i know a family in south carolina. they only give each child three gifts.

when santa comes they -- isn't that great? brian: look what the drummer boy did. all did he was play. just display our skill. steve: that's like a lot of families make things for other people. brian: exactly. >> if you don't have any time, just go on amazon it will come right to you. brian: what if you don't have shop. ainsley: what about gift cards. >> so impersonal but they are pretty practical. brian: i don't want to go to applebee's again. steve: get it only i'm only a $25 friend? i'm definitely a $75 friend. thanks shimkus. ainsley: i'm with you. i like the gifts, too. it does stress you out buying them on christmas morning. what if you didn't have gifts on christmas morning? it would be like any other day. steve: think about the reason for the season. >> that's the night before. brian: get dressed like everybody else and talk to each other. brian: attorney general jeff sessions not ruling out special counselor for clintons uranium one deal. former speaker of the house newt gingrich will be here

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did yon the national debt?ssman get elected by talking tough will they stay true to their words? or did they promise you one thing... only to do another? right now, congress is talking about tax cuts that will add trillions to our national debt and hurt our economy.

it's time to tell congress... don't borrow more money from china. and leave more debt to our kids. keep your word. tax cuts shouldn't add to the national debt. steve: the department of justice has received congressional criminal referrals to look into that woman and any connections into uranium one. >> e-mails? clinton foundation and uranium one. it's so clear there's evidence there, it begs for an investigation. >> what this is all about is a political interference within the justice department. brian: don jr. made a move. he said i'm going to release everything i have of my interaction with wikileaks. >> it's not a crime to communicate with a foreign national, including a russian. >> i've yet to see anything the democratic party has constantly ran on that would benefit me. i feel as if smaller government will play a better

impact in the life of an african-american. >> news here that a possible serial killer may have struck again. police finding a body in tampa, florida where three other people died last month. >> he has really stolen one of the greatest moments of americana and professional sports out of everyone's life, and i don't think that's worthy of praise. ♪ ♪ ♪ ♪ ♪ ainsley: what is that back there? what's behind the sofa? oh, i thought it was your coat. brian: here's my problem with that song. ainsley: it's just a blanket. brian: it's two separate songs. when you have two people that have dramatically different styles, they shouldn't be

merged into one song. ainsley: what are you talking about? brian: this is pit bull and cristy. it's like battle of the bands. two separate songs. steve: it's a duet. ainsley: this is your club version or something. brian: right. steve: we're not here to talk about music. we're here to talk about the news. and we start with a fox news alert. it turns out the department of justice has received congressional criminal photographers number of republicans in congress. they want the attorney general to do something about all sorts of scandals that we've been talking about over the last year. ainsley: so the house judiciary committee asked the doj for a special council to investigate hillary's uranium one deal and for allegedly breaking the law. fox news obtained this letter yesterday with their response. and it says that jeff sessions has directed federal prosecutors to evaluate certain issues that are raised in your letters, meaning uranium one and the clinton foundation. brian: but they sent the letter july 27th. something about the editorial

or jeff sessions apparent appearance today in front of the senate judiciary committee. where maybe he said i've got to get this out of the way because i don't need republicans and democrats attacking me. steve: although, he has been in the hot seat since then and want responded. what's interesting is so what he's going to do is they're leaving the door open for a special council. we had chuck grassley, the chairman of the senate judiciary committee on just about an hour and a half ago, he said, look, it's not about politics, it's about getting to the truth. >> when i had a democrat senator say why are you interested in getting into the clinton e-mail stuff and stuff of that nature? and i said "it isn't about clinton, it isn't about trump. what all of this is about is political interference within the justice department is their political interference in the fbi. that's the issue, and it doesn't matter whether there's political influence under

republican presidents or under democrat presidents. it's the responsibility of the judiciary committee to investigate it." brian: well, i'll say do we need a special council? do we need another independent council? can't the attorney general discuss this themselves? asked judge napolitano. >> i don't think we need another independent counsel. independent counsels are dangers for two reasons. one, they're not accountable for the ordinary chain of command for the president. they operate on their one. two, they often want to justify their existence. are they going to spend 8 or 9 or 10 or $50 million and not indict somebody or are they going to indict somebody to just justice their expenditure? there's no reason the justice department can't do this. but someone must do it because the apparent evidence of crime. e-mails, clinton foundation, and uranium one. three different cases.

it is so apparent that there's evidence there. steve: so the judge says he's not a fan of the special counsel for the reasons he just gave. but at the same time what that would mean is that the department of justice under jeff sessions would have to decide whether or not to do an investigation. ainsley: they want that on their hands. steve: but here's the thing. i just got an e-mail from somebody who used to work in the reagan department of justice, and they said how can k jeff sessions investigate hillary clinton and her campaign when he was on you on the campaign trail saying lock her up. so every time he would make a decision, then that would be questioned. so clearly, the person that just e-mailed me feels the only way to do it is with a special counsel. brian: was jeff sessions a lock her up guy? steve: apparently. brian: adam shift tweets, who's the ranking member on the house in the judiciary intel committee says if the attorney general bends to

president trump to investigate trump, it could spell the end of the doj as an independent institution. besides that, doesn't think it's a big deal. let's talk about don jr. and the link. atlantic magazine published this on monday. and don jr. when he realized this -- to this information, which is supposed to be kept secret was going to hit the fan, he came out and published all their interactions. it's disturbing that wikileaks, when it towners substance, legal minds, i don't think it's there. ainsley: well, the congressional committee is reviewing this. someone clearly leaked this out to the media, the atlantic, and he has a problem with that. he put it out on his twitter page. he said "here's my entire chain of messages with wikileaks with my whopping three responses, which one of the congressional committees chose to selectively leak. how ironic. steve: of the experts say that the standard is did he receive something of value from a

foreign national? and the answer is looking at those, no. so you have to wonder could timing be a political motivation here? keep in mind, the president of the united states just wrapping up a successful trip to asia. now it looks like according to senator grassley, the senate is on the verge of passing something, the house is on the verge of passing tax reform, so what happens from the political left and the atlantic magazine? you get this story about russian collusion. ainsley: well, wikileaks is targeting all of these different people. they're trying to get break the news. they're trying to get these big stories, so they're contacting the son or whoever's part of it, the son or the campaign. and some of the e-mails sent to don jr. leak us one or more of your father's tax returns. hi, don, if your father loses, we think it's much more interesting that he does not concede and challenges the media for the rigging that occurred. get your dad to tweet out this leak. it's so funny.

brian: but it's so funny. combining with bradley manning. ainsley: because it's illegal. brian: and leaking a whole bunch of information. but we got information. but it's not something that should be in the public forum. wikileaks is not an admiral organization, and those are words by mike pompeo, appointed by president trump. if you're running for president and an organization like this reaches out to you, don't answer, even if you have a direct message. steve: you look at all of the e-mail, direct messages, i should say that were traded between don jr. and whoever talking to him at wikileaks. wikileaks comes off as pushy trying to get don jr. to do something, he seems barely interested and was rarely responsive to it. is it collusiony? not really. ainsley: i think americans feel like they were -- they're not a political family. this is the first time they had ever done this. so when the russian lady says i have information on hillary

clinton, he's going to have a meeting. when wikileaks is saying i have information, he might have a few correspondence. but i think the people, at least the trump supporters out there are okay with all of this. they're saying the election's over and done with. steve: yeah, but did they break a law? ainsley: no. no. no. all the attorneys we've had on say there's no law broken. brian: but does it look good? steve: the headline is worse than the fact. brian: right. but does it look good? ainsley: knowing what he knows now, i don't think he would do it. steve: but to your point, brian, i think during a campaign, both sides tried to get as much dirt on anybody as they possibly could k. ainsley: opposition research is what it's called. brian: but now wikileaks who wants to return an ambassador to australia, i don't think that's going to come to fruition. meanwhile, if you're shopping for books, i recommend ainsley's children's book. ainsley: or brian. brian: but joe biden has a book out, which talks about his relationship with his kids, and it's admiral and

heart-wrenching what he has gone through. but every interview goes to, joe, do you think you should have ran? will you run? and also goes out of his way to harpoon this president. no difference last night when he was on with stephen colbert. >> i'm speaking to a large crowd of republican audience out in thousand oaks, california. and i asked the same question. i said how many of you are now worried about the stability of the republic? how many of you are now worried about this new, phony nationalism, and it's us against them? how many of you are worried about this populism that is designed to essentially undermine the essence of the bill of rights, which is they're certain and alienable rights, which is nobody. no matter what the majority is, they cannot overrule. i mean, i just think there's a -- steve: so do you think -- what do you think about the attack on the system? we asked you, and you have e-mailed us. tim wrote this. news flash to biden.

american pride isn't phony. it needs to be defended. ainsley: an e-mail from jack says, no, i have more hope and faith in the government than i have in the last eight years. brian: maggie says when i what a worry about is what will happen to our country if potus cannot drain all the swamp. steve: keep the comments coming and, meanwhile, it's 8:11 here in new york city and time for some news, jillian. >> that's right. we are breaking news out of tampa. a possible serial killer may have struck again. police finding a 60-year-old man shot and killed in a seminal heights neighborhood in tampa bay, florida. that's dr. where we three other people died just last month. police are wrapping up comments, and they say they believe the suspect lives in the neighborhood. >> our officers right now, we have a perimeter set up, and we are searching the neighborhood. i know the big question is is this related to the other seminal heights murders? and right now, we are treating it as though it is related,

until we can rule otherwise. >> three people were shot and killed in a ten-day span last month. all of them alone at the time. police looking for this hooted suspect seen in surveillance videos after two of the shootings. support crumbling for alabama senate candidate roy moore as the fifth woman accuses him of sexual misconduct. she was just 16 years old when moore sexually assaulted her. he was the district attorney at the time. moore calling the accusations politically-motivated. >> this is absolutely false. i never did what she said i did. i don't even know the woman. i don't know anything about her. >> senate majority leader mitch mcconnell says he believes the could yo accusers and now calling on moore. a surfer surviving a shark attack by punching the shark in the face. >> i turned to the right, and i saw a shark head come out of the water with its teeth, and i just punched it in the face,

and then got back on my board. >> wow. charlie fry, the surfer said he learned the move by watching a youtube video of another shark attack and now he wants to buy that guy a beer. this attack happening near sydney, australia. oh, i see a shark, i'm going to punch it in the face. i don't know what i would do. what would you guys do? brian: spray it underwater. steve: or if you watch shark nato, you just you have the wherewithal. ainsley: no, you punch it in the face, and then have beer with those two guys. steve: that's what they did. meanwhile, we've been talking all morning long about this. jeff sessions not rueing out a special counsel for hillary clinton and the clinton administration. been on the story since the beginning, and she says this blows open multiple scandals. she's next. ainsley: and you have heard of support dogs. but this guy has a support squirrel. and it's driving his neighbors

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steve: all right. it is our lead story right now. apparently, the attorney

general leaving the door open for a special council to investigate the clinton administration and the e-mails, et cetera. thank you very much for joining us. as it turns out from your report, it looks like the department of justice has been investigating a whole bunch of things that we didn't know about before. >> that's right. i mean, they've been looking at congressional criminal referrals have been coming in over the past year to the department of justice. so this is just one of many. they're looking at leaks coming out of federal law enforcement, particularly the fbi. they're looking at the improper unmasking of americans. i think we all had forgotten about that because there's been so much news out there. and now uranium one and the clinton foundation, and this is very, very important because these congressional, criminal referrals are one step closer. that means it goes over to the fbi, the fbi looks at this, gathers the evidence, and then attorney general jeff sessions and rod rosenstein will take a

look at this and see if the special counsel is necessary if they to need appoint a special counsel. they may not. they may have someone in the justice department take upon themselves. but i think it's certainly going to go somewhere. brian: well, it's very interesting. why now? do you think it has anything to do with the testimony today or certain editorial yesterday? what do you think? >> i think it's a little bit of both. i think they've been looking at this for some time. i think there's a lot of pressure on is attorney general jeff sessions, you know, coming from members of congress. we heard it from himself he's very frustrated with the way things are moving forward. but one thing we don't know and according to the sources i've spoken with, this is something they've been looking at quite some time. they just don't talk about them publicly. remember, they went after former fbi director james comey because of this. this was the big deal here that he was talking about these investigations publicly, and they hadn't completed those investigations. steve: real quickly. there are republicans on

capitol hill, though, who think that the doj has been weaponized, essentially, against republicans, and they don't trust them. >> that's right. and i think that comes out loud and clear. we've heard that from representative jordan, we've heard it from others. but i don't think that's the case right now. i think that they really are looking at this. i think that they are trying to move forward with this. i know i've talked to multiple sources within the department of justice. they are adamant that these are important issues. they just want to make sure that do it the right way so that they're not haunted by this. brian: got it. sarah carter, thank you so much. appreciate it. we'll hopefully hear something today maybe from the attorney general himself. senator rand paul being attacked outside his home by a man he hadn't spoken to in ten years and speaking out for the first time. we're live in washington. steve: and this marine lost both legs while serving his country. but that didn't stop him from running 31 marathons in 31

days. rob has an amazing story to share, and he's next

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brian: headlines now. more than 100 million americans now have high blood pressure. steve: what? brian: the american heart association changing the definition from 140 over 90 to 130 over 80. please pump it up. it's meant to help people identify potential health problems theoretically can make appropriate lifestyle changes. so, again, everyone relax. and the fda just approved their first-ever pill that let's you know when you swallow it, amplify. it's rolling out schizophrenia

medicine -- ainsley: avilify. brian: that monitors how often you take it. critics say this could childhood lead to a biomedical big brother. and here's the reason that's not so bad about having an extra cup of coffee a day, every day. it could help you live longer. that according to a study. ainsley: that's what they say today. brian: by the university of maxwell house. no, i'm kidding. university of colorado, it could increase the risk of stroke by 8% and heart failure by 7%. good luck. drink up. ainsley: well, it is a remarkable story. in 2010, u.s. marine rob jones was serving in afghanistan when he lost both of his legs. but he didn't let that slow him down. just two years later winning a bronze medal in the 2012 paralympics i rowing.

steve: and ran 31 marathons in 31 days. joins us here. what an honor. you're on every news channel. everyone is talking about your story. >> no, i'm glad. it's an honor. you guys are honoring me by being willing to help me tell my story and spread my mission of helping veterans. i appreciate it. steve: well, just the fact that you chose to do 31 marathons in 31 days. tell us where you started and where you went and how you ended it. >> yeah. so my first marathon was in london. i just ran around hyde park until i got 26 miles, 26.2. and then flew to philadelphia, and i went counterclockwise around the country and spun it around dc running around the national mall. brian: and if they didn't have a marathon, you ran your own race; right? >> yeah. i pretty much out to my own park or trail and ran 26.2 miles.

ainsley: amazing. people were joining you in each city along the way. >> yeah. i got it out there and deemed my mission worthy of their effort of coming out, and i'm just such a great compliment people would do that. ainsley: i didn't know this could be done. people don't run one marathon, you did one every single day for 31 days. how are you feeling. >> i'm just feeling thoughtful all the supporters, thankful for living in a country that loves veterans so much and flavoring country where there are so many people that are willing to, you know, join the military and sacrifice whatever they can. ainsley: are you sore? brian: hurting; right? >> i sustained a back injury in nashville. i slipped on a bridge being stupid trying to run across a wet bridge. so that made the last four kind of tough. but my stumps, i have a little bit of blistering and stuff. but i'm on amend now, so that's okay. steve: these are state-of-the-art; right? >> yeah, i don't run in these

ones. everything i have comes with from the va, but it's all top of the line, best you can get. brian: let's talk about that moment here in battle where you knew you had been hit. >> yeah. so i was a combat engineer. i was in the process of doing my job, which is to detect ieds and clear routes through places where there would be high likelihood of ieds. and yep, you know, the ied found me first that day, and that resulted in double above the knee amputations. steve: after losing your legs in afghanistan, you said i was going to stand, and i was going to fight. >> yeah. you know, i realize pretty early on that my mission for my life hadn't changed. i wanted to have a life that i could be proud of and made a difference. so all i really needed to do was find my new path to that mission. and, you know, here it is. i found it. steve: how many miles was this path. >> this particular one was -- i think it was, like, 812-point something miles. steve: unbelievable. it seems daunting just to

drive 800 miles. >> yes. ainsley: what's your message to people watching who had gone, fought for our country, come back, ptsd, sustained injuries and amputations that aren't where you are. how did you get from that bad place to such a good place. >> i think i want to remind them that america loves them and the support that i got. your brothers and sisters overseas are going to be back here as well. so rely on them when you need to. and just try to figure out a way to use your hardships to your advantage. use it as a tool for yourself instead of seeing it as something that's blocking you. you know, overcome it and by overcoming it, become stronger and better. brian: right. and whether they're in the military or not, whatever that might be, but real quarterbacking i, you ran these marathons. i want to help this guy. how do we do it to salute your effort. >> i appreciate all the support i've gotten. if people want to do that,

robjones.com is my website. still taking donations for the charities i'm supporting. there's still t-shirts to buy. steve: and where does the money go? >> three veterans charities. steve: and once again, your website is. >> robjonesjourney.com. steve: thank you for stopping here on your journey. >> thank you. steve: an honor to meet you. still ahead on this tuesday, a new hotel fit for the resistance in washington, d.c. complete with a un charter and a koran in every room. and newt gingrich is going to sound off whether he'll be checking in any time soon. brian: and dogs any man's best friend. but this guy has an unbreakable bond with a squirrel. he doesn't fly. he just sits there.

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steve: we are going to be speaking to the former speaker of the house newt gingrich in just a few minutes. ainsley: brian had a question. brian: hi, jillian. ainsley: brian was looking for jillian. >> i'm right here. hi, how are you. brian: you're going to give us the update, and then the speaker ready at the vatican. >> so let's get going. how to be? let's get you caught up on your news this morning. country star jason aldean opening up for the first time about his experience on stage the night of the mass shooting in las vegas. he says at first, he thought a speaker blew. but when the noise kept going, he didn't know what was going on. >> when i turned to look, my guitar player had run behind me and was telling me to move. like, to let's go.

and my security guy was running on stage telling me to run. >> he canceled several shows after the massacre that left 58 people dead. a dallas assistant district attorney is fired after drunk genuinely hitting and threatening her uber driver. watch. >> you're so stupid, i want the cops to come so that they can (bleep) you up. >> ma'am, please. >> i'm the district attorney, so shut the (bleep) up. >> 32-year-old jody warner who has worked as a ada for six years in the children's unit also claiming the driver kidnapped her. says she appeared to be intoxicated. she did apologize and will not facing criminal charges. there's nothing like a bond between a man and a squirrel; right? well, now an apartment complex wants to tear them apart. he says he has ptsd and the squirrel is a emotional

support animal. >> there's absolutely no way i would give her up. i'm not sure how an animal that weighs less than two pounds can harm anybody. >> the complex says exotic animals are not allowed but has a doctors note for her. we received a ton of e-mails and people saying i have a pet squirrel. ainsley: what's the big deal? he has a two-pound -- i wouldn't even know if my neighbor had a squirrel living in their house, you know? brian: the last team i played on were the flying squirrels, the summer league soccer team. ainsley: 14 little squirrels running around the at the same time. brian: right. i love squirrels that can fly. they actually glide. they don't fly. steve: meanwhile, let's fly over to rome, italy, and we're bringing in newt gingrich, 2012 republican presidential candidate, fox news contributor and author of new washington thriller. newt, what are you doing in

rome? >> we're doing very, very well and this is the first time we tried doing this transatlantic stuff, so i'm delighted to have a chance to be with you. ainsley: so for folks at home that don't know why you're in rome, your wife is the ambassador to the vatican. >> she is, and i'm very proud of her, and i think she's working very, very hard to represent the united states and to be the president's personal representative. she's had very good reception from the vatican in her first ten days. and frankly, as a history teacher, it's very exciting to me to have a chance how it all works and to be in an institution that's 2100 years old and to watch how they operate. they've been doing this diplomacy stuff a long time. but they have said -- and i notice that secretary of state who's the number two person in the vatican met with vice president pence yesterday, and they had a very, very positive

meeting. steve: that's good news. brian: let's talk about what's happening here and this whole thing going on with roy moore in alabama, and his candidacy. and a lot of people are saying if we're going to condemn roy moore, how come you aren't condemning bill clinton? and instead of attacking the accuser, you should go out and attack -- you should be handling the way the republicans are handling now, and that's abortioning themselves from roy moore. is this a revisit to the 1990s when it comes to the clintons? >> well, i think tim scott, the senator from south carolina was the smartest person all weekend, the wisest person all weekend. and senator scott said, look, this is ultimately about the people of alabama. there's a conversation going on down there. they're looking at the evidence. they're listening to the arguments. they're going to make a decision. that's how our system is supposed to work. the people of alabama get to pick who they want to have as

the u.s. senator. and the rest of us ought to be a little bit patient and let this play out for a while and see what happens. but i think all the washington folks, whether the politicians or the news media who are a moment of, frankly, almost hysteria, just calm down. this is a serious issue, and i certainly think judge moore is going to have to convince the people of alabama that he's right and these other people are wrong. conversely, i think if the evidence mounts up, he'll get defeated. but that's really up to the people of alabama. it's not up to a bunch of politicians in washington. brian: or he could get replaced by the governor. they could try to delay it there's a lot of pieces to this puzzle. >> well, and, look, i think that this is also part of an on going problem for the country at large. both in the sense of the turmoil and the two parties. people focus on the republicans who certainly with this particular story seem to have turmoil.

but if you look at donna brazil's new book, and you look at her allegations about the clinton campaign and about hillary clinton, the democrats have fully as many problems, and i think both parties are in a transition when it's not clear how either one of them is going to come out. the one person who i think is above all of this is president trump, who i thought had a remarkably successful trip to asia, and did very, very well representing the united states. and it's coming home i think strength agendas somebody capable leading for the united states and the world. steve: newt, let's talk a little bit about our lead story. attorney general jeff sessions not ruling out a special council to look into a number of clinton scandals. what do you think? there have been a number of congressional republicans who have made these referrals through the department -- department of justice. this clearly republicans feel is a step in the right direction. but do you have confidence in

jeff sessions? >> well, i think we'll have to wait and see what attorney general sessions decides. i think he'll make an honest decision based on his reading of the law. i think he has a person of deep integrity who has background, frankly, in the justice department where he served as a career person at one time. and i wrote my newsletter of gingrich productions last friday on hillary clinton and cattle futures because i'm old enough i was around long enough i remember in 1979 when bill clinton was a brand-new governor, and she was giving insider trading information. turned $1,000 into $100,000 profit. something which two economists studied later and said was more than a trillion to one shot against being able to do that. so i think she's had a 40-year history of breaking the law, enriching herself and lying about it. and i think that the clinton foundation is part of that. the uranium one deal is part

of that. i think, frankly, we owe the american people -- i don't want to see her particularly taken to trial. but we certainly owe the american people the truth, and we ought to learn all the details about where the money came from, where it got there, how it relates to the decisions she was making as secretary of state. this is a pretty deep pool of corruption, and it needs to be exposed so that the country understands we're not going to tolerate that kind of behavior in our public officials. steve: well, let's see what happens at the department of justice. ainsley: mr. speaker, thank you for joining us. give your best to our wife. >> thank you. steve: meanwhile, senator rand paul has returned to capitol hill after being attacked outside of his house by his neighbor, and he's speaking out for the very first time. live in washington next. ainsley: plus, they're everyday americans with ridiculously awesome talents. and they're about to face off for a chance to go to hollywood and compete in a brand-new game show. they are here with us when it comes to heartburn

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. >> senator rand paul is ready to bring back tax reform to the american people, he says. steve: he's got six broken ribs after being attacked while mowing his lawn by his neighbor. brian: griff jenkins joins us live from washington with how he's doing. hey, griff. >> well, he's doing a little better. his colleagues with open arms, but he couldn't use those arms to cast votes yesterday because of the injuries. six broken ribs, as you mention, as well as fluid between his lungs and. he tweeted yesterday he's still in a good amount of pain but is ready to fight for lib. this all happened when the senator was blindsided by a

neighbor of 17 years. the motive? still unknown. some speculated it streamed lawn care dispute. others behind the it's politically motivated as he had known antirepublican views. but senator paul doesn't believe specifically what happened the attack but said there's nothing that would justify attacking somebody from behind breaking ribs and their lungs. there's no justification for that. now, he appeared in court pleading not guilty and the attorney said the incident was not politically motivated but the fbi is investigating to determine if any federal crimes were committed and the president tweeting words of encouragement saying great to see rand paul looking well and back on the senate floor. he will help us with tax cuts and reform. and i can add we've been talking to the senator's office today. he said the senator is glad to be back, and he's grateful for all the support he has gotten from across the country. but that recovery, guys, is

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>> good morning from america's newsroom, jeff sessions facing the house judiciary committee for the third time in just about one hour. both sides will have a lot of questions. jim comey, hillary clinton, the trump dossier, and russia all expected to come up. what we will learn? two committees are here, and we will ask them. meanwhile, president trump on his way home from his asia tour. that historic trip. how did it go? his words fresh from the

tarmac before takeoff. join us top of the hour. ainsley: thank you so much, sandra. the ridiculous cash bash is a brand-new game show. it is hosted or sponsored, i should say by kmart giving everyday americans the chance to win free cash, which we love. >> yes. ainsley: and incredible prizes. so today, we are giving four possible contestants the chance to duke it out to compete on the show airing on the game show network. it starts on december 20th, five days before christmas. here with us is chief marketing officer for kmart, kelly cook. >> thank you, ainsley. thank you. ainsley: tell us about the show. >> so i have to tell you, you know, at kmart, we believe life is ridiculously awesome. so it doesn't matter how you feel. whether you feel great or a busted can of biscuits, it doesn't matter. we believe life is awesome. so we were totally inspired by that. we started seeing all of these amazing people doing ridiculously awesome things, so we went to game show network, they're great partners, and they said let's do a game show highlighting

ridiculously awesome. ainsley: four people that are contestants in it. this is the first one, and then we're going to pass it off to brian. so my guy's opus, i have money on him. tell us what your ridiculous talent is. >> well, i play drums, and i got really hungry one day in the studio, and i found the perfect solution, and i can do it even blindfolded now i got so good at it. ainsley: you're going to play the drums and make a sandwich. ♪ ♪ ♪ ♪ ♪ [applause] ainsley: we forgot one thing. brian. okay. thanks.

brian: all right. he's got to floss later. thanks so much. what do you have for us. >> i figured out the best way to make my fiancé happy while i'm in the kitchen cooking. brian: and what is that. >> i'll show you. brian: you're going to dance while doing what? wow. brian: we have the almost blinded drummer and the dancer, steve. what's that. >> megan, what are you going to do for us? >> keeps parties from being a little boring. i don't know if it's going to work, but it's happening. >> let's do it.

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>> nobody goes home losers. everybody that competed gets $200 and free cash to go shopping today. and a $25,000 donation. >> sandra: attorney general jeff sessions will face a barrage of questions about one hour from now when he goes before the house judiciary committee as both sides of the aisle demand answers on russia. former f.b.i. director james comey and now the possibility of another special counsel. that hearing begins at 10:00 a.m. eastern time. we'll bring it to you live when it begins. good morning, everyone. i'm sandra smith. >> bill hemmer is off this morning. it is a busy day an capitol hill. this will be the third time the attorney general will answer questions about russia under oath. this time democrats plan to grill him about