well as shepard smith made it as well. look at that. hey. >> that's embarrassing. >> you guys are looking good. >> time to check the eyesight, right? >> next time the cover. >> not bad for old men. >> "happening now." >> jon: fallout from the president's asia trip with a big announcement coming soon. on the domestic front the president has his hands full. good morning to you. i'm jon scott. >> i'm julie banderas. new questions about the russia investigation after his attorney general's testimony and a growing scandal surrounding alabama senate candidate roy moore. while congress works to pass tax reform before everyone goes home for the holidays. >> good morning to you.

despite 20,000 miles, five countries, 13 days, the president has up early tweeting at 5:40 this morning. although he has no public events today. that means we have to wait until at least tomorrow for this promised big announcement. during the trip to asia, the white house said the president would make a decision on whether or not to declare north korea a state sponsor of terrorism. it would have major ramifications about what the u.s. government can do as related to north korea. we don't know if that's the announcement. the chinese are sending an emissary to north korea just after president trump left the region. for the white house this week is a short one with the president just returning but not short on distraction. the president has yet to give any kind of comments about the latest allegations against roy moore and whether or not he would pull his support for the

alabama senate candidate or perhaps support someone else. a senior advisor today making the point very clear to me that it was the president who endorsed luther strange in the primary against moore setting up possibly the way the white house will look at this going down the line. clearly, though, the white house would rather focus on the issue of tax reform. one senior white house advisor this morning pushing just that issue and offering a timeline. >> the president will speak to all house republicans tomorrow morning. we expect a vote in the house tomorrow afternoon. meanwhile in the senate they will take their bill through senate finance committee. should get out of committee this week as well. when we come back from thanksgiving the expectation the senate will have it on the senate floor and then you go to conference to reconcile the two differences. we accept this bill will be on the president's desk before the end of the year in time for christmas and time for americans to get tax relief next year. >> that was the very same

timeline that president trump offered a couple months ago in terms of when he wanted this done. he said he wanted a tax reform package as a christmas present to the american people and he is taking a hands-on approach in how he has been whipping votes for this bill, talking to senators on the asia trip and heading to capitol hill tomorrow to personal lobby for these tax reform packages to make it through both the house and senate. back to you. >> jon: leland, thank you. >> the other news out of washington today tax reform, of course, that has been the story for many weeks. senate republicans are including a repeal of the obamacare individual mandate in their bill. that's the mandate that basically said you have to sign up for obamacare or if you don't you'll face a penalty. republicans want that out. top democrats blasting the move. they say it will hurt the middle class. peter doocy is live on capitol hill to try to spell it out for us. hi, peter. >> julie, democratic senators

we've heard from in the hallway of the senate office building this morning have been chastising their republican colleagues for tossing this obamacare individual mandate repeal measure into a tax measure at the last minute. >> i can't believe after the american people have risen up and said no twice that they would do this again. this is going to raise premiums. it means people will be walking into emergency rooms that can't pay and everybody else is going to pay for it and see their rates go up. >> but republicans are arguing today that getting rid of an individual mandate that makes people pay a penalty if they don't want health insurance is going to be a big boost for families that earn less than $50,000 a year since that is the income group that overwhelmingly chooses the penalty over an insurance premium. one republican senator seems to like this approach rather than the failed healthcare only approach this summer. colleagues at fox business

confirmed senator lisa murcowski would vote for a tax bill that has this tracks -- tax break. >> i'm very encouraged. there is growing momentum and indeed consensus behind repealing the individual mandate and using those savings to lower tax rates for working americans. it's something i've been advocating for weeks. >> the house of representatives will vote on their own tax bill tomorrow and it will not include this obamacare individual mandate repeal which means that even if tomorrow's vote on the house side is a success, it is just the start of a very long process, julie. >> peter doocy, thank you. >> jon: let's check out some of the fallout from jeff sessions' testimony during which he faced tough questions on the russia investigation and lawmakers also asked him about appointing

another special counsel to investigate the clinton foundation and the obama era uranium one deal. >> what is it going to take to get a special counsel? >> it would take a factual basis. >> let me ask it this way? >> we'll use the proper standards. that's the only thing i can tell you, mr. jordan. you can have your idea but sometimes we have to study what the facts are and to evaluate whether it needs meets the standard that requires a special counsel. >> jon: jake sherman, senior writer for politico and co-author of politico's playbook. if you didn't know the names of those involved you might have thought it was a democrat grilling the attorney general there. >> listen, what sessions said is what a lot of republicans say behind the scenes but don't want to say publicly. they don't want to annoy the president. special counsel is a very rare move by the department of justice. yes, there is one now, but there haven't been many in our

history. two dynamics going on here. jim jordan, fiery republican in ohio is going to get points with president trump for that. president trump will see it perhaps on this air right here and he will probably be happy that he is pushing for an investigation of the clintons. but this is -- jeff sessions is standing up for what aides tell us behind the scenes for the institution and the traditional standards by which you appoint a special counsel. just because the president wants to investigate the clintons, a couple months ago when he took office he said he didn't want to investigate the clintons, just because he wants to do it doesn't mean it will happen. that's not the democracy we live in. so that's the reality. i think that's what you saw play out yesterday on the hill. >> jon: if the president is watching right now he can't be happy with the fact that his attorney general seems receipt sent to appoint a special counsel. that's something that mr. -- president trump seems to want very badly. >> that's true. i'm sure he does want it badly.

i think his unhappiness with jeff sessions has been pronounced many times through twitter and other media over the last couple months. he gave an exclusive interview to the "new york times" where he said he wouldn't have hired jeff sessions if he knew this is how he would conduct business. that being said, he is the attorney general. not asked him to step down and it is within his purview. most of the time presidents don't ask, insinuate, they don't suggest in any way that the department of justice go after a former political rival. that is not something that we've seen in our history. not making a judgment whether oats -it's right or wrong. this is unusual in the course of u.s. history. >> jon: ironic that jeff sessions became the first u.s. senator to endorse donald trump as a candidate. that obviously led to his position on the trump campaign as an advisor and that led to

his involvement with this russia thing that ultimately led him to appoint the special counsel to investigate all of that. his integrity was questioned during that hearing yesterday. here is what he had to say. >> in addition to all the things we know about james comey in 2016 doesn't that warrant naming a second special counsel as 20 members of this committee wrote you 3 1/2 months ago asking to you do? >> i would say looks like is not enough basis to appoint a special counsel. >> jon: that was not the piece of sound i was looking for. he essentially said he has always been truthful under oath and rejected any assertions he has not been truthful under oath. he seems to remember a few things now that he didn't remember in earlier testimony. >> two different things. we'll address the sound you play and the one you wish you would have played. >> jon: i'm glad you can read

my mind. >> conservatives are growing tired of sessions, jim jordan is the tip of the spear in conservatives on the hill in many aspects. he had his fangs in deep when it came to loretta lynch and eric holder and now jeff sessions. on the second point might say he doesn't remember certain aspects of the discussion. russia was on the front burner during a lot of this campaign no matter where you sit. there were changes to the rnc platform that dealt with russia. the president suggested that russia might be able to find hillary clinton's emails. it wasn't a back burner issue in this campaign. it was very much part of the conversation. so to forget things like that would be interesting to listen. i understand politicians are busy and pulled in a lot of directions. sometimes you forget things. >> jon: i don't think i would remember everything i was doing for the last five years. one last topic that alabama senate race is so hot right now and that is the seat that jeff

sessions used to hold. he said he has no reason to doubt the young women who have accused roy moore of impropriety. it seems like coming from a fellow alabamaian, that doesn't help moore's campaign. >> listen, five women have come out expressing various forms of accusations and listen, if the president wants to get jeff sessions out of his cabinet he could ask him to run in a write-in race in alabama where he has high name i.d. people in alabama have elected him for two decades before he joined this administration. if the president is looking for a strategy, republicans here that we keep hearing from keep saying there is a spot if you want to run a write-in race. roy moore will face choppy waters up here if he gets elected. >> jon: mitch mcconnell is talking about drumming him out of the senate if he wins. thank you.

>> another community reeling from a deadly shooting. this time in a quiet california town. >> looking out the window and all of a sudden there was just like pop pop pop pop pop and then just like a lot of gunfire. >> what led to what police are saying the violence that left four people dead. plus senate republicans making a big change to their tax bill. we'll be talking about tennessee congresswoman diane black about the proposed repeal of the obamacare mandate. >> we'll pass our different bills and reconcile the differences. >> you have the votes for your plan? >> we feel great about where we are. it's resourceful.

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>> jon: fox news alert. police say the man behind a deadly california shooting was previously arrested for stabbing his neighbor who they believe was killed in tuesday's rampage. that shooter's mother speaking

out claiming the feud started because his neighbors were running a meth lab. four people killed. 10 injured. according to police it could have been much worse. >> this incident, as tragic and as bad as it is, could have been so much worse if it wasn't for the quick thinking and staff at our elementary school. they went on an immediate lockdown without being told to do so by law enforcement. >> jon: kevin neil opened fire at seven locations at this small community before he was shot and killed by police. >> julie: breaking developments. senate republicans say they have the votes to pass a tax bill after their latest move to include a repeal of the obamacare individual mandate. listen to this. >> we're optimistic that inserting the individual mandate repeal would be helpful and that's obviously the view

of the senate finance committee republicans as well. >> julie: but the house tax bill does not include this amendment. joining me now tennessee representative diane black, the chair of the house budget committee. thank you very much for talking to us. >> you're welcome. thank you for having me. >> julie: we don't want to have obamacare repeal and replace happen all over again, right? we want to get on the same page. my question first to you is by repealing obamacare's individual mandate as part of the republican tax overhaul, it opens up more money to be used for bigger tax cuts. now, how is that a bad thing? >> well, first of all i want you to know we wish they would have done the repeal and replace a long time ago when we sent it to them. if this is what they can get, we're with them on this. we believe it should have been done a long time ago. we don't have it in our bill. this will give us in our

conference committee. >> julie: it was the most unpopular part of obamacare. yesterday president trump tweeted and i'll read it. wouldn't it be great to rerepeal the mandate in obamacare? the house and senate should consider it as the process of final approval moves along. push biggest tax cuts ever. there is the question i want to ask you. how does this, in fact, affect the middle class and why are we hearing from those naysayers that this might not be a tax cut but it could be a tax increase for some americans? can you clear it up for us? >> i can clear it up for you and tell you that's been our goal all along to help those in the middle income. we've accomplished that and we can show it by the numbers. there will always be an outlier where someone can make it look like that will happen across the board but i can tell you that the tax foundation and

many other organizations have shown this is truly what we have been working with president trump on is to make sure that we are addressing the middle income. listen, in my state alone in the state of tennessee this will jolt the economy, it will create about 20,000 more jobs, put $2200 in people's pockets by raising wages. in addition to that they'll get a tax liability of about $1200 less than what they would be paying. so we're talking about $3500 in the pocket of a middle income. this is huge for them. it is the american people in the middle income that really have won. >> julie: i want to cut through some of the other facts and misnomers about this. if republicans did go this route for those at home that might be a bit confused as to what happens to their taxes, it is true they could cut taxes deeper. the question is what happens to the cost for the estimated 15 million fewer americans having health insurance as a result not because they'll lose

insurance but because they don't have to sign up in the first place. millions of those people are now going to be able to elect alternative coverage. so with that being said, those people who elect not to continue under their current healthcare plan, how do they benefit from this tax cut? >> they will be able to now make choices and there will be more products on the market to allow them to make choices. give you an example in my own state of tennessee. the farm bureau has policies that did not meet the criteria that president obama put in his bill. however, these were something that people liked. they were policies they liked and could afford. they were paying a penalty to keep insurance they like and afford. now they can get products that they afford and want. >> julie: president trump is right that it will save the federal government billions of dollars. there are conservatives like

senators tom cotton and rand paul saying it is a no-brainer. get rid of the most unpopular piece of the affordable care & billions redirected to tax cuts. why then is it that lawmakers that are writing the tax bills believe that combining taxes and healthcare together is dangerous and they don't want to do it? >> i think there is concern out there about the lack of there being able to get those votes when there was time there in the senate. when there was a repeal and replace they couldn't get the votes. i think there are people that are anxious saying we have an opportunity to do a really good change and reform in our tax system. let's not take a chance on that not passing because you put something in there that wasn't always popular and didn't get the votes at one point in time. >> julie: the child tax credit. parents will be able to actually enjoy a credit for having kids. wouldn't mind that one considering i have three. thank you very much.

we appreciate you coming on. representative black, thank you. there has to be some benefit, right, to having a house full of chaos. good god. >> jon: i have four. >> julie: now you're paying for college. there you go. >> jon: back with more in a moment. ♪ oh yeah, well well well youuuu ♪ ♪ you make my dreams come true ♪ well, well, well youuuu topped steak & twisted potatoes at applebee's. eatin' good in the neighborhood. 4 out of 5 people who have a stroke, their first symptom... is a stroke. 80 percent of all strokes and heart disease? preventable. and 149 dollars is all it takes to get screened and help take control of your health. we're life line screening...

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>> julie: right now police in tampa, florida, believe a suspected serial killer has struck yet again. the latest victim was shot from behind as the man crossed the street in the same working class neighborhood as three other murders. the 60-year-old man died at the scene. officers and federal agents now scouring the area with the police chief saying the killer likely lives in the neighborhood. >> we have our swat team searching neighborhoods, clear the yard, make sure there is no one in a crawl space.

they look for sheds making sure whoever is doing this, the suspect is not in the neighborhood. they are knocking on doors asking if anybody has been inside. if they can search the house, they will. >> julie: a witness who saw it matches a person on surveillance video. >> jon: the president of south africa sending special en voice to zimbabwe against a military coup is underway. armored vehicles patrolling the streets saying the president is safe and confined to his home. >> gunshots have been heard close to the u.s. embassy situated close to the zimbabwe presidential compound. the embassy has been closed and personnel and americans

currently in zimbabwe have been advised by the state department to shelter in place. the military have seized, parliaments, courts and the government tv station. an army general went on the air to say mugabe is safe. >> as soon as we have accomplished our mission we expect that the situation will return to normalcy. >> several prominent government ministers are said to have been arrested. bloodstains and bullet holes found at the finance minister's house indicate he was only taken after a fight. multiple reports say mugabe's wife, grace, has been allowed the free the country. the army was angered last week of the vice president, a supporter of the military in an apparent attempt by the 93-year-old president to put his wife, grace, in power. many of the army generals have reportedly amassed huge fortunes and fear they could lose everything in grace mugabe took office. this is a turning point for

zimbabwe. unemployment at 90% this country, once called the bread basket of africa, has been ruined during mugabe's watch. how much better it will get with the army in charge is in question, jon. >> jon: a good reminder for all the political screaming in this country we don't have soldiers invading government leaders' homes. thanks very much. paul, from south africa. >> julie: president trump's approval rating near an all-time low. a growing number of americans believe he is unfit to serve as president and senate candidate roy moore refusing to step aside as a chorus of republican lawmakers call on him to drop out of the race and now he is speaking out. listen. >> after 40 something years of fighting this battle, i am now facing allegations. that's all the press want to talk about. but i want to talk about the

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>> jon: just in a new poll shows only 40% of american voters think president trump is fit to serve in that office. 57% say he is not. as the president's approval ratings hover near an all-time low. what does it mean? let's talk about it with kris

wilson, ceo of wpa intelligence and scott bolden and democratic party chairman. chris, you are the pollster. if you're in the white house looking at those numbers, they don't sound very good. >> they don't. this sort of fitness to serve is a red herring question. you've had for a long time most republicans like the job donald trump is doing, most democrats don't like the job he is doing. you can ask any question and you'll get the same kind of numbers fitness to serve or whether you dislike donald trump as president. what this poll does. we're trying to get picked up on fox news and have you talked about our polling, jon. big shock value questions. and really what it reflects is the fact that it is more of the twitter outrage of the day with trump. that's what these numbers are more an indication of whether or not he is fit to serve. >> jon: scott, you have been a candidate for political office.

if voters were asked whether you were fit to serve you would be probably kind of offended by that, wouldn't you? >> yeah. coupled with the approval ratings which all pollsters know are super important. fit to serve is right up there with it. i have to tell you, these numbers are real. while we're still in 2017, what stuck out at me about these numbers is that white voters were split on whether he was fit to serve. but independents were 60%. they didn't think he was fit to serve. if you go to the other part of the polls where they talk about approval ratings and what have you, the numbers are very similar. he is at the 35% approval rating generally in this country and it has to be problematic and bothersome. the gop needs him to turn these numbers around. the problem is he is giving them a steady flow of who trump is on a daily basis. the russia investigation and other issues. the question is how does the president turn it around? >> jon: one of the questions,

too, chris, does the president care what the polls say? >> good point. >> jon: we know what the polls said before his election. he said they didn't think i was going to win. they were wrong and they're probably wrong now. >> i think the president has shown a good job of picking the polls he likes and those he doesn't like. but he is right in that it is an indication of where independents are, how these numbers move one way or the other. >> jon: independents decide elections, right? >> if you ask specifically about trump's policies and remove his name from it, you find there is a good indication that they like the job he is doing and like what he is accomplishing. when you start dealing with his persona that's what drives the numbers done overall. if you could separate his actions from a policy

perspective. >> it's hard to separate trump because he sucks is air out of every room and every policy or political skufmgts here is the other thing that's troublesome if i was a member of the gop. that's this. his base of voters, right, is at 35 to 40% who will vote for him no matter what. his electoral base was that base as well as independents or moderate or independent democrats who said they couldn't vote for hillary clinton. in 2020 he has to have that same electoral base, the totality to win. in 2018 the gop needs the same. not clear from these numbers they're there yet. >> jon: chris, are those 35 to 40% that scott is talking about, the same 40 million people following the president on twitter? >> well, you know, there isn't an undecided voter on twitter. anybody trying to persuade voters is wasting their time.

2018 is getting the trump voters out. the people who elected him and made a difference for him in pennsylvania, michigan, ohio and wisconsin. getting those voters out in 2018 is the key to the republican party. what's interesting if you look at virginia last week it happened in southwest virginia but didn't happen in other areas. i think it's a good lesson for republicans running in 2018, if you want to win you have to go out and appeal to those democrat trump voters that elected him president. if you don't, you'll lose overwhelmingly when we get to election day in a year. >> jon: only a year away. >> julie: republicans will have to thread the needle whether they want to be associated with trump or not depending on their election and where they are in the state. >> jon: good to talk to both of you. thank you. >> julie: right now roy moore says he is not going anywhere despite multiple allegations of sexual misconduct. the rnc meantime has withdrawn funding from his senate campaign and the list of lawmakers calling for moore to get out of the race keeps

growing. they include the most powerful republicans in congress. >> roy moore should step aside. the women who have come forward are entirely credible. he is obviously not fit to be in the united states senate. >> julie: jonathan cyri is live with more in alabama. >> as national leaders call on moore to step aside the ballots are already printed so senate majority leader mitch mcconnell explains why it's a dilemma for his party. >> we're in discussion here about how to salvage this seat if possible. and it appears as if the only option would be a write-in and that's very seldom successful. >> mcconnell says write-in candidacys work when the candidate is popular. he said jeff sessions would be an effective candidate in alabama if he were willing to

return to his old senate seat. moore fired back with tweets saying mitch mcconnell is attempting to subvert the will of alabamaians yet again this time helping to elect a far left democrat. moore is referring to democrat doug jones who launched a new campaign ad reaching to republican voters in alabama. >> i'm a republican. roy moore, no way. >> i'm for doug jones. >> another republican for doug jones. >> speaking at a church revival in jackson, alcantara moore said he unites republicans and democrats because he was opposed by both and criticized the media's coverage of his accusers. >> after 40 something years of fighting this battle, i'm now facing allegations. that's all the press want to talk about. but i want to talk about the issues. i want to talk about where this country is going and if we don't come back to god we

aren't going anywhere. >> up against democrats and his own party moore is refusing to back out of the election which is less than four weeks away, julie. >> julie: jonathan, thank you. >> jon: so new action on capitol hill when it comes to the issue of sexual harassment with house speaker paul ryan saying the house will adopt a policy of mandatory anti-harassment and anti-discrimination training for all members and staff. our goal is not only to raise awareness but also to make abundantly clear that harassment in any form has no place in this institution. minutes from now two people will hold a new conference to give details about the training on the heels of a hearing yesterday in which two female lawmakers spoke about sexual

misconduct. >> julie: jurors told the judge in the menendez trial said they couldn't reach a verdict. we'll have a live debate coming up. >> the holy grail. >> julie: a long lost painting by leonardo da vinci goes up for action tonight. what we know about the 500-year-old masterpiece next.

>> julie: jurors are still deliberating the fate of senator bob menendez today just two days after telling a judge they were deadlocked on not one, two, three, four, all charges. the new jersey democrat facing a dozen different counts in a federal corruption trial that has lasted weeks. i'm joined by federal -- former federal prosecutor doug burns

and a federal prosecutor now. both are criminal defense attorneys. thank you for talking to us. sorry for screwing up your name. all right. i'll start with you, i know how to say doug. this delay oddly is thanks to one juror who actually was relieved of her jury duties because she had a pre-planned vacation which stood out as very odd to me and has put this trial at a disadvantage. during the 5 1/2 hours of deliberating yesterday jurors sent no notes. they asked no questions. does that give you any clue as to which way they're leaning? >> first of all in my 30 years i've never seen a situation where during voir dire of jurors they say your honor i have a vacation. they put in tons of cushion that this won't happen. once that juror was removed and replaced with an alternate they had to start over from scratch. as far as yesterday, you know, we all read tea leaves. doing it for years and years.

it is unusual there have been no notes. i think it is headed for a deadlocked jury and mistrial. >> julie: not much of a surprise. >> not at all. >> julie: bob, among the 12 counts against menendez and 11 counts against his co-defendant the florida eye doctor, which accusation do you believe jurors are hung up on? the fact that there were private jet flights, luxury hotel stays, $750,000 in campaign contributions in exchange for the federal government's help in his medicare disputes or are they confused about how friends of 20 years poses a major conflict of interest? >> well, major conflict of interest and a violation of the criminal law are two separate things. this was a difficult case for the prosecution. it was based on circumstantial evidence. in bribery cases you have to prove it through direct evidence. they inferred it based upon the gifts. look at it this way. imagine any politician saying

any time somebody gives you a contribution, a gift, a special interest groups and calls you for favors or access is a crime. many gifts were given way before there was any official action. that's another thing. was there any official action taken? there were a lot of weak spots in this case. the juror came out and said what many lawyers have said all along from the prosecution point of view. this is going to be a hung jury or not guilty was basically the advice. tough case for the feds here. >> julie: the defense doesn't deny favors, they get it and admit to it. it is hard to deny them, right? but the defense argues that mel gwynn's disputes with the federal government and buttering up the state senator doesn't have anything to do with corruption but friendship. is this raising serious legitimate policy issues? >> any white collar criminal defense lawyer will tell you the most effective defense you can mount is everything you said i did, yes, i did it but it is not a crime.

so to my colleague bob's point, we had the case with governor mcdonald in virginia and the u.s. supreme court fine-tuned it. they said yep, i did the flights, i took the gifts but it is not a crime. >> julie: doug predicts a hung jury. bob, best case scenarios, if jurors aren't able to agree on a unanimous verdict, will the judge instruct them to do a partial verdict? something the judge hasn't said he will discount. >> court has to be very careful here. there is a supreme court case, the allen charge basically which is you have to be very, very careful that you are not forcing jurors into a verdict simply for the sake of a verdict. what the judge says in the previous time he told them to go in and maybe he will do it one more time if he thinks they're close, go back in to try to reach unanimous

consensus so long as, i quote, you are not doing violence to your judgment. i will say you picked up on something before i find interesting. jersey people are resolute. they make decisions. i'm a jersey guy. if i make a decision i stick to it. i'm surprised they went back in after saying they were deadlocked and for two days we haven't heard anything to them. they are really trying to come to a unanimous verdict here. >> julie: thank you very much. >> jon: three ucla basketball players back on u.s. soil released from chinese custody after authorities dropped shoplifting charges. what the president is saying about their return. plus the punishment they could face here at home. >> president trump: what they did was unfortunate. you are talking about very long prison sentences. it was not something that should have happened.

>> "outnumbered". two different tax plans in the house and senate. the president heads to the hill tomorrow to talk taxes with members. going to give them encouragement. how much influence does he have? will they get the cuts done? >> maybe nudge them over the finish line. sessions says he will not be influenced by the president investigating the uranium sale to russia. hillary clinton's exoneration but a special counsel is under consideration. what sessions's testimony yesterday. you saw it on this program, tells us about the future. >> our #one lucky guy. "outnumbered" at the top of the hour. >> jon: those three ucla basketball players detained in china for a week are back on u.s. soil. chinese authorities dropped shoplifting charges against the three and they may have

president trump to thank. this morning the president tweeted do you think the three ucla basketball players will say thank you, president trump? they were headed for 10 years in jail. we are live in los angeles with the latest. william. >> jon, i can say the chancellor of ucla did not mention president trump by name in a lengthy statement last night which surprised some considering his star athletes could still be in china facing two years in jail if not for the special treatment they received. all eyes are on ucla. a university with a very mixed record when it comes to disciplining top players accused of crimes. the arrest of these players was an international embarrassment after they were caught an surveillance video of allegedly stealing expensive sunglasses and items from two other stores. the three arrived last night at lax only after president trump intervened personally with president xi to get them out. >> president trump: what they did was unfortunate. you are talking about very long

prison sentences. that was not something that should have happened. >> what happens now is up to the university and in 2010 after police caught three ucla foot ballplayers stealing items worth $1200 the coach suspended them for the entire season. days later they transferred and went on to play in the nfl. a season later prosecutors convicted a basketball player of stealing a laptop and he saefd a two-game suspension. why was ucla in china in the first place? under state law california universities can't play sports in eight states considered repressive towards gays and lesbians, when law does not appear to have the same standard for china. ucla has scheduled a news conference. one player's father said d'angelo ball, the arrest was

no big deal. >> jon: now that he is back in the states. thanks very much, william. >> julie: the battle for tax reform . we're live on capitol hill. the house version could come up for a vote tomorrow on tax reform. plus jeff sessions's testimony on the russia investigation and the prospects of appointing a second special counsel on the obama-era uranium deal. how is all of that sitting with lawmakers on both sides of the aisle? looking for balance in your digestive system? try align probiotic. for a non-stop, sweet treat goodness, hold on to your tiara kind of day. get 24/7 digestive support, with align. the #1 doctor recommended probiotic brand. also in kids chewables. do you have the coverage you need? open enrollment ends december 7th. don't put it off 'til later. now's the time to get on a path that could be right for you... with unitedhealthcare medicare solutions.

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>> a rarely seen leonardo da vinci painting is an item of a new york auction tonight. >> he's a very painter. about 15 paintings by him in existence. this was rediscovered a few years ago. >> the painting is 500 years old and expected to sell for $100 million tonight.

>> it's one of very few da vincis privately owned. how many of those do you have hanging in your home? >> i wish. thanks for joining us. >> i'll be back tomorrow. "outnumbered" starts now. >> fox news alert. big changes in republicans' tax reform and could deal a blow to obamacare as they work on rewriting the tax code. the senate working to include a repeal of the individual mandate in their bill. it's something that president trump threw his support behind. the house version does not include a repeal of that mandate. things could change, this is "outnumbered." i'm sandra smith. here's harris faulkner. lisa booth is here. trish regan is here and today's lucky guy, host of the ben shapiro show, ben shapiro himself is