there better be some extreme vetting done without cow on the front of that ben & jerry's carton. refugees well welcome. shannon bream and the "fox news @ night" team, take it from here. >> shannon: we are always up for ice cream. this is also what we will be talking about tonight. north korea test fires and intercontinental ballistic missile, theoretically capable of hitting every city in united states. less than a month after president trump warned pyongyang do not try us. >> with each test inching north korea closer, the president says all options are on the table. a key hurdle in the senate without any help for the democrats. >> they decided not to show up. >> shannon: will a photo op with empty chairs bring democrats back to the table? chris stirewalt books of the president's latest negotiating tactics. plus, negotiating win in the short end of the elizabeth warren. then, there is this is this.

>> all relationship is sick is sick. >> shannon: why is the relationship lashing out at conservative women? in the same time, the conversation around harassment is heating up. ♪ hello, and welcome to "fox news @ night." i am shannon bream in washington. very busy tonight. we are learning new details about north korea's latest provocation, launching in intercontinental ballistic missile. many believe it could be capable of hitting the continental u.s. it was met by a show of force by south korea and about by our president, "it will be taken care of." it was launched from a north korean military base on a test project array into orbit. it flu 2200 miles into space for a total of 50 minutes. that is ten times higher than the orbit of nasa's international space station. then, the missile splashed down off the coast of japan. according to reporting by south korea's new news agency

come along from a different angel, it could have reached hawaii, even the u.s. west coas west coast. >> higher, frankly than any previous shot they've taken. the bottom line is, it's a continued effort to build a threat, a ballistic missile threat that endangers world peace, regional peace, and certainly in the united states. >> shannon: missile experts tell us that north korea appears to be trying to perfect a nuclear warhead. south korea says it can't rule out the possibility that north korea will complete its nuclear program within a year. this was the third test flight of an icbm by north korea came shortly after president trump put pyongyang back on the state sponsor of terrorism list. buck sexton is a former cia analyst and he joins us live. hello, buck. >> good to see you, shannon. >> shannon: what you make of this? there were rumblings yesterday, we had general keane talking about the fact that there has been indications at another watch was coming after really a relatively quiet couple of months. what do you make of this?

>> we are running out of options and running out of time. this was a period that people were hoping would end with at least some opening for diplomacy, that there would be some different path that the regime in pyongyang would be willing to take in response to the pressures that have been applied. the trump administration has been very aggressive in dealing with this issue, very forthright in that it's going to work with regional countries, some allies, some relationships are more complicated, trying to get more pressure on north korea economically and diplomatically, and when this is the response, this act of extreme defiance from kim jong un, it's incredibly sad. they are on the progression, moving closer and closer to be able to hit us with a nuclear weapon here on the uso mind as we know and we can continue to hope that diplomacy will work work. as we said, there aren't any good options in the options are getting smaller and smaller as

time goes on. >> shannon: our president has said everything is on the table, all options are on the table, although other members of the administration want to back away from other conversations about having to use military options. i want to play sound that comes to rose from a chair of the house armed services committee. a republican, mac thornberry, about what they are doing and how we are responding. >> with each launch they are advancing their capability, and they are making it clear that they can hold the entire u.s. at risk. they are steadily moving on and we are not responding in kind. >> shannon: okay, so we've responded in kind with increasing sanctions. they are back in the state sponsor of terror list. what other responses do think we have at this point? >> quite honestly, i think the administration is doing everything that it can reasonably can. there is an understanding that china has the greatest leverage by far when it comes to dealing with north korea, and in the aftermath of president trump's visit, i think it has been clear from a policy standpoint that

they are trying to rally all of our asian allies and asian partners, current and future,, n this issue, to try to put more pressure on north korea. here is a simple reality, shannon. it's very uncomfortable one for us to address. there is no economic pressure that we will bring to bear that anyone is aware of right now that will lead north korea to give up his north nuclear weap. the best we can hope for, and that is with the hope has been over the last ten weeks or so, had been that there would be a period where they wouldn't be trying to aggressively advance their missiles program, and the possibility of a nuclear warhead atop it, and we have seen that that's gone away. it's as though the clock has been reset for another opening, another way to approach this issue. we are running out of time. once north korea knows they can hit us and once that becomes understood around the world, there is the possibility of blackmail. keep in mind, north korea doesn't have to hit us with a

nuke to cause problems. nuclear proliferation is a major issue. north korean cyber hacking is a tremendous issue, as well as support to rogue regimes and terrorist groups all around the world, with near impunity, when they know that regime change or an invasion is off the table because of a nuclear capacity that can hit us, changes the whole game. >> shannon: there are other bad actors involved with assisting and getting assistance from north korea on the nuclear front. i want to ask you about big news in the benghazi story and that ongoing scandal, which as we talked about it, you covered it, as we have for years, watching it over this. today, we get a conviction, not on the biggest of charges, but if you charges that will keep him behind bars. it sounds like for life. sentencing coming up. he was one of the actors in benghazi that led to the depths of four americans. some of them coming in today, charleswood, highwood's father, he died. his father says this is outrageous, it is a miscarriage of justice.

patti smith, her son, bravely died there trying to help protect the ambassador who died. she says my son died a horrible death. i think the people who bear responsibility, secretary of state hillary clinton, aren't even touched. we are hearing from one of the survivors of this attack, he says that this guy who was convicted will have to enter a greater court, give a greater account to a greater judge and i have no doubt he will receive a greater sentence. that is from one of the wounded survivors of that attack that night. your reaction? >> there are two issues. on the one hand, you have the judicial process in the hope that there will be some justice. there will never be true justice for the families of the fallen in benghazi. there is nothing the court system can ever truly do. but i would reiterate the words of the director of the central intelligence agency, my former home agency, this is a measure of justice. it's not enough. the fact that this individual, ahmed abu khatallah, was not found guilty of specifically murder, and will not face the

death penalty, feels like a justice department or at least in this case, it came up short. i know that that stings. for those who are looking for closure, as well as justice, it is simply not enough. on the issue of accountability, the only period in which there was going to be accountability at a political level, very different from the criminal level for benghazi, and the 2012 election. i think the people involved knew that, and they work very hard to make sure that the narrative was suppressed and that the truth was suppressed, and by the time we had enough facts to hold anybody accountable from 2012, in the chain of command of the very top, secretary of state, the president himself, it was too late. >> shannon: khatallah, as we said, will probably spend many decades, if not life in prison. again, not being convicted of the serious charges, as you said, that does not bring these folks back, it does not bring comfort to their families. you can you can see the disappo. buck saxon gray tabby with us. >> good to see you.

>> shannon: fox news alert, in tampa, police are announcing an arrest in connection with four fatal shootings within a month in the cities at seminole heights neighborhood. remember, they were talking about the serial killer. what we are hearing tonight is the tampa police chief brian dugan making an announcement a short time ago, the major saying, "goodness has won. they are praising the officers and cops for bringing this case, believed, as we said, to be a serial killer to a close. we will monitor this for further details and we will let you know as soon as we know. that community has been on edge for waiting for resolution, it will this be it? meanwhile, this very moment, we are watching or parts of a possible active shooter in downtown reno. cops are urging people to avoid the area, no confirmed injuries at this time. very few details. we'll try to get more for you but we are keeping an eye on that and we'll let you know when we get more. tonight, another former staffer of democratic congressman john conyers is accusing him of making sexual advances towards

her. yet another democrat is calling for the longest serving member of the house to resign. kristin fisher is live with details. good evening. >> this is the third former staffer of congressman conyers to come forward with allegations of sexual harassment. her she said it happened three s between 1997 in '99, the last one, took place in a very public setting, a town hall meeting in his home district of detroit. listen to how she described it on cnn just tonight. >> he stuck his hand up my dres dress. and whispered in my ear, "well matt, you've got great looking legs." and that is in front of everyone. >> now, conyers is a founding member of the congressional black caucus and tonight, some of his colleagues are pressing him to resign. but the caucus' chairman is not one of them. he says he met with the conyers today and told him that any

decision to resign before the ethics investigation is complete, up to him, him alone. >> shannon: standby on that. in the meantime, in addition to congressman conyers, a second house democrat accused of using taxpayer dollars to settle some kind of complaint with a former staffer. >> to be very clear, this has nothing to do with sexual harassment. this one it involves congressman raul rahall, according to "the washington times," which broke the story, back in 2015, one of his staffers threatened a lawsuit claiming that the arizona democrat was drunk on the job in creating a hostile work environment. he is acknowledging the payment but he also said that there is nothing wrong and he is demanding a an apology. he says the funds came out of his communities operating budget, and every step was handled ethically and appropriately by the fact remains, shannon, that there was a $48,000 payout funded ultimately by taxpayers, perhaps just one more example of how taxpayer dollars are being used to hide some bad behavior on

capitol hill, shannon. >> shannon: we will look at how that works of a state level with these offices, as well. kristin fisher, thanks very much. north korean provocation and sex scandals aside, it was a really busy day on capitol hill, where the president got directly involved in trying to move the g.o.p. senate tax plan forward. a key vote today and another one tomorrow on the senate floor. ed henry is tracking it all. he is the very latest. it was whiplash today. >> there's been a lot of negative talk, a lot of naysayers, but president trump is entering toward a major victory on tax cuts, after putting his own dealmaking skills to the test. what he did, once a capitol hill, rolled up the sleeves, over lunch with senate republicans, his hands on leadership appearing to spiky republicans. senator ron johnson telling us it was the president's personal attention that got him to "yes." johnson is 1 of 12 republicans who voted to move the bill out of the senate budget committee along party lines, significant because it was gone wisconsin republican had warned he was leaning toward no, unless

taxes got lowered and so-called pass-through businesses, the president said he will take care of that. on the hill, the president also had a private meeting with republicans lamar alexander, susan collins, you can see them. that appears to be moving collins toward yes on tax cuts, again, the president personally agreed to support those controversial subsidies and obamacare that could help stabilize the health premiums in the markets if that tax bill repeals the individual mandate. major progress that came on a day that started pretty negatively. the president tweeted in the morning, "meeting with chuck and nancy today about keeping the government open and working. problem is, they want illegal immigrants flooding into our country untracked and weak on crime and want to substantially raise taxes. i don't see a deal." the president said. that led chuck schumer and nancy pelosi to balk at the white house meeting, charging the president is pushing the country toward a shutdown. the president fired back. he held that white house meeting anyway, the seats next to him normally filled by republicans,

this time left empty with signs making clear there is a to have democrats there and they were not amused by that. >> they should be calling immediately and say we want to see you but probably they want. nothing to them as important other than raising taxes. that's the only thing they like doing is raising taxes. >> president trump major at today's meeting is nothing but a photo op. these issues are far too serious for these kinds of games. mr. president, it's time to stop tweeting, and start leading. >> after that meeting, nancy pelosi jumped in, tweeting, "donald trump now know his his verbal abuse will not be tolerated. it is empty chair photo op show that he is more interested instance in addressing the needs of the american people. poor ryan and mcconnell relegated to props. sad." it's interesting because we are ten days away from a government shutdown, shannon paredes moving

closer to a tax cut deal. that is positive but negative. they are moving closer and closer to a government shutdown because they are so far. the president tweeting out, "we can't have a government shutdown because we need to fully fund the military would we've got this threat from north korea." you started off the show with it, it's urgent, people got to pay attention. the government is ten days away from shutting down. speed when he was tweeting earlier in the day, late in the night. >> morning, noon, and i'd. >> shannon: he gives us up-to-date. good to see you. those empty chairs, next to the president today, at the latest hint at how partisan things have gotten on capitol hill. both sides playing chicken with a potential government shutdown looming, as ed told us. fox news politics editor joins us from new york. what you're doing in new york city, chris? >> we are checking up on you, seeing how america is responding to you and the answer is top notch. >> shannon: excellent. let's talk about the government shutdown idea. is it a matter of who is responsible? we know the president needs democrats to work with him to

avoid this. as of the republicans -- the polling shows that they take the blame. no matter who is pulling the levers. >> well, yes and no. america in the era of full partisan tribalism, everybody takes the blame. there is -- i will put it this way, there is enough blame to go around. certainly, the preponderance of the blame falls on the republicans because they control the executive branch in both houses of the legislature. we should also point out that the military is not affected by a government shutdown. it's not like the army says, well, i guess we have to go back because they have a shutdown in washington. it's a partial government shutdown. >> shannon: a lot of things -- the male still gets delivered. benefits keep getting paid out. as to that shutdown situation, when democrats were in charge, the republicans are running, somehow the republicans got in trouble for shutting down the government even when democrats

were in charge. what we know that it's not good for them if it comes to that. he seems to be willing to play chicken manure average president as a matter friend. now, he was working the meetings on capitol hill, trying to get this package done. it's interesting because we have a description from inside the meeting. this comes to us from senator joe kennedy out of louisiana. often very colorful in his descriptions. he said that it was much different then the meetings they had about health care, much more positive, nobody is standing up and storming out, nobody is talking about anybody's mama. nobody's talking about anybody's native american heritage. it's a positive meeting. do you think they get it done? >> if we set the bar low enough, we can always succeed. if the no mama jokes is the standard for a productive luncheon, we can get there. the president has competing needs right now. on the one hand, he needs republican unity. he needs republican solidarity to get behind that tax plan. a lot of the guys don't like the bill, it's not popular. it will be a painful vote

because it raises taxes on some people because it doesn't provide the relief to other people that they want. it's on the popular bill but he still needs them to take the vote for him. he needs a win, the party needs a wood mat, and he is telling them to be loyal. a great way to create the sensation of loyalty is to attack the other side. those jerks want to raise taxes. >> shannon: socks >> shannon: o. >> what that does is it reminds nancy and chuck that they had the president over a barrel when it comes to the end of the year spending package. he needs them because congress has failed to act expeditiously on a number of things this year. we are ending up with a huge ball of sealing wax that hat has left congress for a deal with in the final weeks of the year and that president needs congress on this. how do you invoke tribalism for republicans to get them fired up but simultaneously prevent democrats from raking you over

the coals constantly? that's a tough one. >> shannon: the joint statement today from the top democrats, chuck schumer on the senate side, top democrat on the house side, nancy pelosi saying the president who has had that our country needs a good shutdown, referencing, not interested in dealing with this agenda, we will work with the republicans who are. we'll see if there is an end run around or they get something done. otherwise, you and i know, we'll be hanging out christmas week waiting to see. >> that is why we go till midnight because that is in the shutdown happens. >> shannon: we will be there. ultimately, there will be one to report on. until then, chris, great to see you. >> yes, ma'am. >> shannon: coming up, an update from reno. we told you that there is a report that police are standing by, possible active shooter, very few details, we will check on that. in the meantime, north korea's nuclear ambitions, what kind of threat does today's intercontinental ballistic missile launch post to america? congressman trent franks joins us.

plus, a big win for the president over his senate rival elizabeth warren. this fight is far from over. coming up next. >> to be attacked, from the kind of attack i got is kind of like what you would get from a motor vehicle accidents. i had six ribs broken and you rarely see that even in an assault. it is something that you would usually see in a high-speed motor vehicle accident. each day justin chooses to walk. at work... and after work. he does it all with dr. scholl's. only dr. scholl's has massaging gel insoles that provide all-day comfort. to keep him feeling more energized. dr. scholl's. born to move. and i know that we havethe phone accident forgiveness.nt, so the incredibly minor accident that i had tonight- four weeks without the car. okay, yup. good night. with accident forgiveness your rates won't go up just because of an accident. switching to allstate is worth it.

you won't see these folks they have businesses to run. they have passions to pursue. how do they avoid trips to the post office? stamps.com mail letters, ship packages, all the services of the post office right on your computer. get a 4 week trial, plus $100 in extras including postage and a digital scale. go to stamps.com/tv and never go to the post office again.

you or joints. something for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember.

>> shannon: this is a fox news alert. we want to update you on the situation in reno. we told you about it potential shooter. it's happening at an area near the montage condos in downtown reno. police have warned them to stay out of the area because of the possible active shooter. what we are hearing, he says the suspect is in custody. they think this was a domestic abuse situation that involved into a possible hostage situation. a male suspect was barricaded inside the condos and cops that he was shooting down into the streets. a woman was shot in the hand. the suspect was shot by police. obviously, the police an edge in the wake of the vagus shootings. it looks like a domestic situation gone bad. there shooter is now immobilized. we'll keep you updated as we

learn more. in september, north korea released footage of what it claimed was later kim jong un on extracting a hydrogen bomb. the development caused global tensions to arise. aside from the devastation, a nuclear weapon could cause, my next guest says, if used at the right place and altitude, electromagnetic energy could take virtually the entire u.s. off the electrical grid. arizona congressman trent franks is on the armed services committee enjoins us. good to see you, sir. >> good to be here. >> shannon: what is your concern with the launch that we saw today and the possible threat to the continental u.s.? any u.s. territory? >> this seems like every day that passes, north korea demonstrates a new capability. the one that you mentioned, the potential hydrogen bomb or the warhead that would be a two stage warhead, is something that i believe is in actuality. there are some who think that this is an enhanced fission bomb, it's not actually a fusion weapon. that would mean that they would have to you so much of the fission material it would not be

likely. over 200-kilo tons. it is a big bomb. at the same time, they were the ones who threatened to use it as a weapon, what you mean they high altitude nuclear burst, interact with the atmosphere, which could overload some of our most critical electrical components and put us in a very bad situation without electricity. that's the potential. >> shannon: talking about things that we deal with every day, our society has become so dependent upon, every day life, that would be devastating, just that effect. i want to bring in something that we heard from senator cardin, ranking democrat on the senate foreign relations committee about how we are handling north korea. here is his take. >> diplomacy keeps us safe. it allows us to use soldiers only when we need soldiers. it has not received a priority issued under this administration. >> shannon: what do you make of that? >> you know, diplomacy is always heard in the shadow of military

might and capability. they consider administration used so much diplomacy that north korea got nuclear weapons. it is something that i think that has laid primarily on their doorstep. this administration has made it very clear to north korea that there is a different mind-set in the white house. i believe that it is very important to the north korea and their leader, mr. kim jong un, they understand that if they want to nuclear weapon it hits a civilian populations in the united states of america, that they will need a geiger counter to find pyongyang. if they understand that, i believe that is the deterrent that this administration has made more credible that has the best chance of being able to prevent these kind of tragedies from occurring. >> shannon: what you make of the discussions they are having on capitol hill, just days ago whether or not our current president is capable of exercising control over our nuclear program? here is what senator chris murphy, a democrat out of connecticut, had to say about how he thinks about that issue.

>> we are concerned that the president of the united states is so unstable, is so volatile, as a decision-making process that is so quixotic, that he might order a nuclear weapon strike that is wildly out of step with u.s. national security interests. >> shannon: is that something that worries you? >> well, i think the comments of the gentlemen there should be held in contempt because i think he is deliberately trying to politicize the issue that his real focus is not the equation that we face is north korea. our civilian military command structure is firmly in place and i have every conviction that this administration will act wisely. they certainly have so far. this president worked hard to get $4 billion additional in the defense budget for missile defense. i would just shamelessly use your television program, if i could hear, to beg any relevant

people in the administration that are listening to go one step further now, and to endorse section 1685 and 1688 in the national defense authorization bill to help us build a space based missile defense lawyer and a boost based capability. if we had that now, shannon kemo be a very different equation. we would not be in the bind that we are in. i think it will happen. mike pence is essentially overseeing that. i know that if he understands that, and i believe he will come of that this will happen. this administration is doing things essentially about the best they can right now and it's ironic, that attractors are the ones that put up in this position and now they are trying to give this administration a difficult time for dealing with air mass. >> shannon: today's launch starts his conversation over again. congressman frank, always great to have you. >> thank you. >> shannon: coming up, the island paradise of hawaii's going back to the future to prepare its citizens for the threat of a nuclear north korea. >> the possibility of attack

today is very remote, but we do believe that it's important that we be proactive. >> shannon: increasingly ugly, often hysterical attacks on the women representing the trump administration. your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation.

liberty mutual insurance. ♪ ♪ohhhhhh, ou! guess what i just got? uh! ♪i used to be spellbound hello again. ♪i used to be spellbound hi. ♪i used to be spellbound that's a big phone. ♪in your arms. [screams] ah, my phone. ♪you built the flame ♪that warms my heart, ♪but lying and cheating ♪has torn us apart ♪and i'm moving on.

at outback, big australia is back. our biggest sirloin. our biggest bloom. our biggest entrees ever. outback steakhouse. aussie rules. and now, get a free $10 bonus card with every

$50 in gift cards. but can also loweresterol, your body's natural coq10. qunol helps restore this heart-healthy nutrient with 3x better absorption. qunol has the #1 cardiologist recommended form of coq10 qunol, the better coq10. >> shannon: facing the possibility of nuclear north korea, hawaii is bringing back a cold war era early warning system to be used in the event of an impending missile strike. the attack warning tone world a sirens will be testing once a month beginning friday day. trace gallagher joins us to tell us more. >> you have to remember that almost 70 years after the attack on pearl harbor, the island of oahu is still considered a likely target because it is home to honolulu and it remains the home of a massive concentration of the u.s. military command structure for the pacific theater. in the event of an actual

nuclear missile launch from north korea, the u.s. pacific command would notify holbein emergency authorities inside bruckheimer tunnel, the emergency command built in the side of the tunnel. officials there would sign souf sirens. the hope is that they would have between 12 and 15 minutes to take cover. the sirens would wail from 400 different locations across the island chain for 60 seconds, sounding like this. listen. [sirens wailing] >> so this friday, just before noon, the attack sirens will be fully tested for the first time in 30 years. the decision to restart the warning system was made before today's launch of an icbm missile, but more north korea was always the motivating factor. watch. >> it's the elephant in the

room, so when people say we should not prepare for this, it isn't true. we should prepare for it. it's unlikely for many, many reasons, but we should prepare. >> yeah, hawaii is home to one and a half million residents and there is some concern that because the vast number of visitors who come to hawaii on an annual basis, the monthly sirens will kind of scare a lot of people, which is why authorities plan to have hotels, radio, local television stations notifying people well in advance. advance. here's hawaii's governor on why it makes sense. >> a possibility of atac today is very remote, but we do believe that we be proactive, that we have a plan, that we are prepared for every possibility moving forward. >> we should note that hawaii does not have any designated nuclear shelters, but experts say just staying indoors would offer the best chance of limiting exposure to radioactive

fallout. not much of an aloha, shannon, but it could save a lot of lives. >> shannon: better to be ready. trace gallagher, thank you so much. kentucky senator rand paul speaks after the first time after the middle attack that left a most serious injuries, much worse than initially reported. fox news medical analyst dr. marc siegel has the exclusive. >> shannon, i sat on the senator rand paul, doctor to doctor, to find out exactly what happened and why his neighbor attacked him outside his home earlier this month. >> i think my wife put it best when she said, i swear to god, assaulted twice, once in my yard from someone who attacked me from behind, and then the media, who thought it was sort of funny or gleeful or that maybe i deserved it somehow. >> you were blindsided? >> i was working in my yard with my earmuffs on, to protect my hearing from the mower, and i had gone off the mower, facing downhill, and the attacker came running, i never saw him, never had a conversation.

the weird thing is, i have not talked to him in ten years. >> why? do you have any idea what was in his head? >> i didn't before the attack because we had no conversation. after my ribs were broken, then he said things to me to try to indicate that he was unhappy. i think the dash i guess to me, the bottom line, it is not so important, if someone bugs you, is it really justified for any reason? i think the more people belabor, was it about yard clipping, was it because he hates donald trum donald trump, he hates you because you oppose obamacare? you don't really know what is in someone's mind. and so it may have some relevance but for the most part, the real question should become are you allowed to attack someone from behind in the yard when they are out mowing their grass, even if you dislike something about their yard? >> the senator suffered six severely broken ribs and contracted pneumonia from his injuries. yet, he returned to work last week to help push through the

presidents tax reform plan, which includes a pall favorite, the individual mandate appeal. shannon. >> shannon: thank you so much. coming up, new developments in the showdown between obama holdovers and trump appointees. the judge's ruling, a critical one, next. plus, it started with evidence from a series of robberies and now it is going all the way to the supreme court. it could change the way you use your cell phone. forever. >> we really do keep our most personal information on our cell phones with us, and the supreme court has been grappling, and this is a big case for them to grapple with, how the fourth amendment applies in this modern age. ♪ i you know what, i'm not buying this. you gotta come a little harder dawg. you gotta figure it out. eh, i don't know. shaky on the walk, carriage was off.

randy jackson judging a dog show. i don't know dawg. surprising. what's not surprising? how much money lisa saved by switching to geico. wow! performance of the night. fifteen minutes could save you fifteen percent or more. i even accept i have a higher risk of stroke as far as i used to. due to afib, a type of irregular heartbeat not caused by a heart valve problem. but no matter where i ride, i go for my best. so if there's something better than warfarin, i'll go for that too. eliquis. eliquis reduced the risk of stroke better than warfarin, plus had less major bleeding than warfarin. eliquis had both. don't stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. while taking eliquis, you may bruise more easily... ...and it may take longer than usual for any bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk

if you take certain medicines. tell your doctor about all planned medical or dental procedures. i'm still going for my best. and for eliquis. ask your doctor about eliquis. ♪

♪ >> shannon: a big win for the president and his showdown with senator elizabeth warren and that obama administration appointee over a controversial federal agency and who is really in charge of it. late this afternoon, judge timothy kelly said president trump is the one who gets to decide who's actually running this agency. it's far from over. former doj unofficial joins us to break it down. good to see you. we were talking about this, who gets to decide come with a guy who left essentially, he was controversial, republicans do not like this agency. mick mulvaney, who the president tapped her bonnet, said he wishes it did not exist. the president gets to decide,

who is in charge. >> it's not surprised that that is the decision the judge reached. there are two conflicting laws, competing laws, and the judge it said i think the one the administration is relying on is the one that governs it. for that reason, president trump has a right to appoint a director is on federal agency. >> shannon: this is what leandra english, she was the deputy director tapped to be the acting director by the outgoing director, she filed a lawsuit sunday night saying, i'm the rightful person to run this agency. here is what her attorney said. >> so what we want is a quick, speedy resolution of this controversy that can get up through the court system, can be appealed, because this court, they understand it is not the final word on who is the director of the consumer financial protection bureau. >> shannon: the appellate level, and then ultimately, the supreme court. radio think it goes? >> i think it will go to the

court of appeals. if i were her lawyer, i don't think it is a matter of litigation strategy. it's true. they will litigated to the court of appeals, may try to get to the supreme court. i doubt the supreme court will want to get near this case. >> shannon: on another front, we have a special counsel. real or steam talking with michael flynn's team, and they are cutting off -- strategizing with that white house team, that is to be suspected. does it surprise you? speak it what doesn't. i think it is something that a lot of people expect it would sooner or later, the fact that flynn's people might be talking with mueller, it shouldn't shock anyone. at the end of the day, if flynn cooperates with mueller, does flynn have evidence that will inculcate the president? if the president and campaign officials are innocent, they have nothing to fear. the fact that clint is cooperating doesn't matter at the end of the day. >> shannon: quickly, there has been a lawsuit filed trying to get rid of a special counsel

mueller overseeing this, he says mr. mueller suffers from numerous conflicts of interest that not only manned at the removal but explain why the leaks are being disseminated on a daily basis. >> no one should be leaking grand jury material. that is very, very important, you can never cross that line. that said, i i don't know filia lawsuit to get mueller removed has a lot of legs. my guess is that my get them press attention and certainly will cause people to talk but at the end of the day, if the federal judge throws mueller off the case. >> shannon: i think you're right but we'll keep an eye on it way thank you so much for coming on. coming up, they have been called liars, overweight, country bumpkins, and a whole lot worse. what about all of these personal attacks against the women of the white house? what it tells us about the media elite of our country. ♪ wondering, what if? i let go of all those feelings. because i am cured with harvoni.

harvoni is a revolutionary treatment for the most common type of chronic hepatitis c. it's been prescribed to more than a quarter million people. and is proven to cure up to 99% of patients who have had no prior treatment with 12 weeks. certain patients can be cured with just 8 weeks of harvoni. before starting harvoni, your doctor will test to see if you've ever had hepatitis b, which may flare up and cause serious liver problems during and after harvoni treatment. tell your doctor if you've ever had hepatitis b, a liver transplant, other liver or kidney problems, hiv or any other medical conditions and about all the medicines you take including herbal supplements. taking amiodarone with harvoni can cause a serious slowing of your heart rate. common side effects of harvoni include tiredness, headache and weakness. ready to let go of hep c? ask your hep c specialist about harvoni. so how old do you want uhh, i was thinking around 70. alright, and before that? you mean after that? no, i'm talking before that. do you have things you want to do before you retire? oh yeah sure... ok, like what? but i thought we were supposed

to be talking about investing for retirement? we're absolutely doing that. but there's no law you can't make the most of today. what do you want to do? i'd really like to run with the bulls. wow. yea. hope you're fast. i am. get a portfolio that works for you now and as your needs change. investment management services from td ameritrade.

♪ >> shannon: from biting critiques of her wardrobe for suggesting she is being held hostage, many in the media have pulled no punches in going after first lady melania trump. they have also ripped into ivanka, called kellyanne conway crazy, and how they are suggesting white house white house press secretary sarah huckabee sanders may have faked faking a thanksgiving pie. journalist emily miller was a deputy press secretary at the state department and she has written a piece on is asking what the media so mean towards

conservative women. thanks for coming on. i want to play a little bit of what mika brzezinski had to say on another network this morning, going after sarah huckabee sanders. >> win is there going to be a moments where she actually says? what's wrong with her? why does she do that job? how can she look in the mirror and say that i'm doing the right thing for the american people? speed when she went on to say that it's sick, i don't how you are doing it, you are raising three children. >> to say that, that made me mad. that's why i wrote this piece. every one of "the washington post," you know how the president feels about "the washington post" and how they feel about the president, credit to them for running it. i have been seeing over and over again, this has been building and building. as coming from the media, like you so mika brzezinski say. criticizing sarah sanders, the white house press secretary, the most prominent and voice of the white house in our government, over her mothering skills come r her cooking, over her weight,

over her dress. it's gone too far. it's really gone too far. the media has taken the lead on this. the reason, obviously, it's because they hate donald trump where they want to get at donald trump but they can't as much because he is just -- >> shannon: they are going after people close to him. >> they are more vulnerable. to her credit, i mean, i don't know sarah sanders, but she does a great job of letting it roll off her back. she responded to that ridiculous tweet from april ryan questioning whether she made the pie. show us pictures of you making it a people eating it. >> shannon: pie gate. >> sarah sanders retweeted my -- something, so i've been following that thing what people say to her the last day, it is sickening, it gives me a knot in my stomach. if anyone talked to me like that, i don't know how she does it. i think we know how she does it, she has a strong faith, and she is grounded, she is chill, and

she has a strong plate that she knows what she is doing. >> shannon: do you think is different, though, the treatment of the women on the left and women on the right? >> 100% different. someone who has been in public as a conservative, i have gotten attacked in a way that liberal women don't get attacked because the left sees us as a betrayal because women are supposed to be democrats and we are supposed to be pro-choice and we are supposed to be all these things that they say we are supposed to be. we are not supposed to support president trump, all of these things. but we are. and so we are targets and we will get more and more from the media and i think it's gone way too far and people need to pull back. >> shannon: your pieces very eloquent. hopefully people check it out and will tweet it out, as well. good to see you tonight, emily. in the digital age, the latest will to fight crime might be in your pocket, and the palm your hand. but at what price? how much of your privacy will you be willing to give up? a lance of the highest court tomorrow morning. >> on wednesday, the

supreme court is set to weigh in on the debate as to whether law enforcement can track your location via your cell phone without ever getting a warrant. privacy advocates stress the government must have probable cause to search your personal belongings and argues that it should also apply in the digital world where most of us now live on a daily basis. >> the cell phone tower location information, that's really like someone following you are getting your information about all of your whereabouts for months on end. >> with some 300,000 of those towers now spread across the u.s., the ability to pinpoint where you and your cell phone nor has become more accurate than ever. the justices will consider the case of timothy carpenter, convicted in a string of armed robberies and sentenced to 116 years behind bars, all because authorities were able to put carpenter at the scene of a crime by using cell phone data they did not need a warrant to get. >> this will be the supreme court's latest effort to grapple

with, on one hand, the historic protections of the fourth amendment they go back to our founding and protect the privacy of individual americans, with a modern digital age. >> the government says the vast majority of cell phone users are already allowing third parties to track their travel and have, so they can't have any real expectations of privacy on those fronts. arguing that there is no reason for the supreme court to "reconsider its long-standing view that an individual has no fourth amendment interest in records pertaining to an individual that are created by third parties or an information he voluntarily conveys to third parties." >> shannon: that case will be decided by the end of next june. we'll be right back. ♪ and pain doesn't hold him back. thanks to dr. scholl's running insoles. the only ones proven to relieve and prevent pain from runner's knee, shin splints and plantar fasciitis. dr. scholl's. born to move.

[vo] progress is an unstoppable force. the season of audi sales event is here. audi will cover your first month's lease payment on select models during the season of audi sales event. directv has been rated number one in customer satisfaction over cable for 17 years running. but some people still like cable. just like some people like wet grocery bags. getting a bad haircut. overcrowded trains. turnstiles that don't turn. and spilling coffee on themselves. but for everyone else, there's directv. for #1 rated customer satisfaction over cable, switch to directv. and for a limited time get a $100 reward card. call 1-800-directv - [announcer] presenting the shark ion flex 2x.

the free-standing, cord free vacuum that can live anywhere because it has two rechargeable batteries. that means you can always be charging, even while you're cleaning. with duo clean, multiflex, and powerful suction so you can go, and go, and go again. welcome to hassle-free runtime with shark. show of hands. let's get started.

who wants customizable options chains? ones that make it fast and easy to analyze and take action? how about some of the lowest options fees? are you raising your hand? good then it's time for power e*trade the platform, price and service that gives you the edge you need. alright one quick game of rock, paper, scissors. 1, 2, 3, go. e*trade. the original place to invest online. and i'm the founder of ugmonk.

before shipstation it was crazy. it's great when you see a hundred orders come in, a hundred orders come in, but then you realize i've got a hundred orders i have to ship out. shipstation streamlined that wh the order data, the weights of , everything is seamlessly put into shipstation, so when we print the shipping ll everything's pretty much done. it's so much easier so now, we're ready, bring on t. shipstation. the number one ch of online sellers. go to shipstation.com/tv and get two months free. ♪ >> shannon: by the way, you may have heard that vice president mike pence was talking by the special relationship between the u.s. and israel. he also talked about the push to move the embassy, the u.s. embassy to jerusalem. why hasn't the administration on

that? we'll have one of the key players to talk about that right here on "fox news @ night" ." most-watched, most trusted, most grateful you spend the evening with us. good night from washington. i am shannon bream. ♪ >> tucker: good evening and welcome to "tucker carlson tonight." charles mccullough is an obama appointed inspector general and tried to raise the alarm about hillary clinton's famous email server. tonight, he will tell you more specifically about who threatened him for setting that alarm. here is what he told our catherine herridge exclusively on this program last night. >> watch of the american public know about those 22 top secret codes and emails? >> i have heard people say this is overblown, i have heard people say this is much ado about nothing. had the information been