good night from washington. in the meantime, i am shannon bream. ♪ >> another win for the administration the supreme court ruling in favor of the president's travel ban which prohibits people from six majority muslim nations. >> we are closer to delivering to the american people the historic facts relief as a giant present for christmas. >> got to get america an attractive place to do business. >> this is armageddon. >> we need to see the tax and interview the special agent. the bureau had a bad steed 18 months. >> 2017 person of the year finalist, the kneeler in chief,

colin -- colin kaepernick. >> pittsburgh but defense is not getting up. ♪ heather: a live shot of new york city. a lot of high ground here. you are watching "fox and friends" first on tuesday morning. it is for:01 after the top of the hour in new york city on the east coast, top story a major victory for donald trump as the supreme court rules in favor of his travel ban in the white house hopes to use that momentum on tax reform. griff jenkins with what is up

next. >> reporter: the supreme court has given the administration a significant victory allowing them to enforce a travel ban on 6 muslim majority countries while the lower court challenge plays out, those countries are chad, libya, somalia, syria and yemen. this indicates the high court does not believe the ban exceeds the president's authority and immigration law or discriminate against muslims. deputy spokesman saying, quote, we are not surprised by the supreme court decision for enforcement of the president's proclamation limiting travel from countries with heightened risk of terrorism. the proclamation is lawful and essential to protecting our homeland, justice ginsburg and sonia sotomayor dissenting on the reeling and the aclu saying this amounts to a muslim band despite the ruling but the court not the only one in washington, the house voted to take them tax bill into conference, the first step in uniting house and senate plans and a step closer to the

president's christmas promise. >> we are one step closer to delivering to the american people the historic tax relief as a giant present for christmas. >> house republicans and democrats naming their conferees on tax reform as nancy pelosi says this may amount to the end of the world. >> the debate on health care is like death. this is armageddon. this is a very big deal. there is a very hard way to come back from this. >> reporter: the president has lunged at the white house with gop senators but i can imagine they will be talking about the tax bill and the ruling and we have that spending bill deadline by friday, got together on that as well. jillian: a meeting with chuck and nancy thursday.

thank you, appreciate it. democrats like nancy pelosi ramping up their rhetoric in an attempt to convince americans the tax cuts i bad. fox news political editor says more colorful mirror language becomes the less it resonates with voters. >> they need eight democrats in order to not have fiscal calamity and disaster and credit breach, this is where democrats will exert that authority. the only problem is if you push it too hard and seen as taking too many hostages or doing that, endangering the economic health of the country it shifts. one reason democrats are struggling on messaging, if every change to the budget or tax code says people are going to die if this tax is cut or this happens people die it loses all meaning. all this hyperbole is verbal inflation it ends up with

worthless currency and that is where democrats are in this. jillian: what about inflation? explosive new revelations about the high ranking fbi agents yanked from the russia investigation over his apparent anti-trump views. kelly right joins us with new information on how that agent helped lead hillary clinton off the hook during the campaign. what is this about? >> the plot thickens, counterintelligence agent at the fbi was behind two critical turning points in the clinton and russia investigation. before being ousted by robert mueller for sending personal messages that appear to be anti-trump. fox news confirming this changed critical language, former fbi director james comey abstract letter exonerating hillary clinton, grossly negligent

changed to extremely careless. >> although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws about handling classified information, they were extremely careless in their handling of sensitive highly classified information. >> it is important because classified material that has been mishandled for gross negligence cost committal consequences. cnn reports the agent who signed off on the bureau decision to launch its russia investigation in july of last year, took part in january 24th interview with national security adviser michael flynn, the very interview he eventually pleaded guilty to lying, forcing lawmakers to question the credibility of robert mueller's

probe. >> the fact that he was so anti-trump in the middle of it presidential campaign, puts a shadow over the findings of the investigation. as far as that agent and his role in the investigation. >> the doj, the house until committee, and fbi employee believed had been the main contact of the british intelligence agent behind the trump dossier that peter struck used to help launch the russia program. >> the latest involvement in the clinton and russian probe now call the fbi's integrity into question. jason chaffetz served as chair of the house oversight committee in the clinton email investigation into the pursuit of justice can no longer be a

partisan issue. >> what you have is an fbi agent who is in trouble into this investigation is pro-hillary clinton, anti-donald trump, sending texts or law firm involved in engagements, director coming back before the oversight committee said he didn't even look at whether hillary clinton testified truthfully under oath, sending a formal letter to look into that, didn't do that, bill clinton meeting on the tarmac with the attorney general and integrity of this case is in peril and democrats should be joining us in questioning what is going on with the fbi. >> a texas police officer shot and killed in the line of duty ambushed while executing an arrest warrant. officer kenneth copeland was wearing a protective vest but

the suspect began firing as soon as copeland and other officers arrived. >> today was his day off. he worked every day off to provide for his kids and they knew he was shorthanded. heather: the suspect surrendered after a standoff with police. he was also shot but should be okay, copeland leaves behind a wife and four children, a 19 year veteran of the force and the 19th officer shot in the line of duty this year in texas. another fox news alert, a massive wildfire in southern california overnight, police going door to door trying to get thousands of people out of its path. the fire growing by the minute, high wind 15 mi. causing a

deadly car crash, north of los angeles, that is homes to 100,000 people. the republican national committee restoring support for alabama senate candidate roy moore despite nine women accusing him of sexual misconduct, and border wall, military, pro-life, va judge's second amendment and more. the president called him aboard air force one to offer his support, december 12th. all players standing for the national anthem before monday night football but some terrifying moments on the field where bubba bubba steelers linebacker ryan changer couldn't feel his legs after this hit.

>> bubba bubba defense is not getting up. >> reporter: he was taken to the hospital with a spinal contusion, steelers rallying to beat cincinnati 23-20 and in other news new england patriots suspended for one game after this late hit, plans to appeal that, the new york giants become the first team to clean house by firing head coach been mc addtoo after he benched two time super bowl mvp eli manning. he will start sunday. not a good idea. fox news alert, new warnings from north korea, the us and south korea conduct massive military drills, fred fleet says the threat is real and force may

be the only option, joins us live next. >> posting burdens on taxpayers, and secure the borders more. heather: former president clinton sounding like donald trump and immigration, flip-flopped on policy. what do kim jung un and colin kaepernick and the me too movements have in common? the list lighting up social media this morning.

heather: kim jung un now warning the world is on the brink of nuclear war is hundreds of us warplanes fly over the korean peninsula for a massive 5-day military drill with south korea. this comes one week after the rogue regime's latest missile

test. is the world ready for war with north korea? we hope not. here to wayne is cia analyst fred fleet, and this 5-day mission, something that happened before. >> a 5-day exercise, the just joint exercises designed to defend south korea in the attempt of a north korean attack. it is canceled in 1994-1996 when north korea agreed to a nuclear deal, and cheated on that deal. jillian: are we headed towards limited use of military force? >> i am concerned that sanctions and diplomacy aren't going to

work, it is necessary for the united states to back up its warnings to north korea with some form of limited military force, maybe shooting down missiles, possibly a naval blockade. my concern is north korea is eventually going to use this large missile arsenal to try to reunify the korean peninsula on its terms. heather: lindsey graham called on the pentagon to evacuate americans in south korea. >> crazy to send spouses and children even the provocation, stop sending dependents and time to start moving american dependence out of south korea. can serve you? >> war will be a horrific

consequence in south korea, these weapons by north korea will be used. to make it clear that we are not going to tolerate these weapons, not only threatening the existence of south korea. jillian: is north korea getting help with nuclear development, rockets, china or russia, ex-nato commander warned about that over the weekend and moving too quickly to be doing it alone? >> this is being hotly debated, us intelligence community believes north korea did this indigenously by stealing technology or using north korean students who studied in china, this is a strong possibility assistance was received in

china, iran financed bringing in foreign experts to work in north korea to help uranian and north korean nuclear missile programs. heather: why would they want to do that? why would that benefit them? >> nuclear programs too and want to pretend going along with the term of 2015 nuclear deal, close collaboration between iranian north korean missile programs -- heather: scary we are having a talk about this. at the beginning we hope talking it out, we can avoid war. thank you for joining us, appreciate it. a democrat will spend the next five years behind bars, florida congressman corrine brown sentenced for tax fraud involving a state charity. brown, who appeared on stage at the democratic national convention in 2016 convicted of stealing donations designated

for children scholarships, use that for lavish parties and trips for themselves, primary rates during the trial. running in the bernie sanders family, her stepdaughter, for burlington, vermont. in sanders's footsteps. presidential candidate launched his political career, and the incumbent mayor who is a democrat. and 20 minutes after the top of the hour, first amendment fight debating wedding cake discrimination, with the request. not enough to win the case. >> people claiming this is fake news, to me it is a mistake, did not deliberately put out a false piece of information, he made an

error. heather: fording thing to eat some after fake news on her celebration and carly shimkus here with the ripple effect of abc after botched russia report. ♪ is this a phone?

or a little internet machine? [ phone rings ] it makes you wonder. shouldn't we get our phones and internet from the same company? that's why xfinity mobile comes with your internet. you get up to 5 lines of talk and text at no extra cost. so all you pay for is data. choose by the gig or unlimited. and ask how to get a $200 prepaid card when you buy any new samsung device with xfinity mobile. a new kind of network designed to save you money. click, call or visit today. heather: welcome back to "fox and friends" first, he was awarded citizen of the year and now colin kaepernick is in the running for donald trump as person of the year a time magazine. carly shimkus is here with the list that is lighting up social

media. >> kim jung un included on the list the time magazine always says there winner is the one who has influenced the news the most for better or worse than the claims why the north korean dictator is included but they released their list yesterday and includes jeff bezos, donald trump, the me too movement, kim jung un, 21, the chinese president, dreamers, a special counsel robert mueller, patty jenkins the speculation grew over who was going to win this award after the president sent this tweet saying he turned down the person of the year honor. time went on to dispute that claim but a lot of people are chiming in on the top 10 finalists. brian says donald trump is the only candidate on the list who has done anything of value. another twitter user says if the person of the year is colin

kaepernick or kim jung un the readers will unsubscribe. they will announce the winner tomorrow, we will tune in and see what happens with .21 >> saying he didn't interrupt an interview, he is a finalist. walking back some excitement -- >> he or she is friday, excited about the now fake news, false report about trump collusion, a lot of people saw this and commented on it, if you didn't we have it here. >> a the news brian ross is reporting michael flynn promised full cooperation to the mueller team and is prepared to testify but as a candidate donald trump directed him to make contact with the russians. >> we know that turns out not to be true. she is guilty of premature evaluation and went on to say

this. >> people are slamming this is fake news, to meet is a mistake, not even deliberately put out a false piece of information, he made an error. >> a lot of people talking about this whole thing. andrea says time to boycott the view. megan mccain was google of her cohost saying being so excited about something so serious is behavior that could tear this country apart. heather: miss russia has a big seat. >> posted this picture, former russian beauty queen but people on social media are mocking her for the size of her feet. could probably swim back to moscow but more people for her, commenting positively and supporting her, this person says what is wrong with some people, too much time on their hands.

heather: fox news alert, isis losing ground in the middle east but planning mass casualty attacks, the new plot just uncovered. remember when love our ball refuse to thank donald trump for helping his shoplifting son. >> a lot of matters to go around to deal with political. do what he is going to do. heather: the stunning move benching his own son. ♪ look what you made me do ♪ look what you made me do ♪ look what made you need to ♪

heather: welcome back to "fox and friends" first, fox news alert, terrifying warning about isis, the terror army believe to be plotting mass casualty strikes as militants move out of cities into the desert.

the top international headlines. >> isis retreats from towns and cities in iraq and syria, there is a new warning, deadly ability, driven out of places in the middle east, no longer capable and reports from a us military official, staging major combat operation, something like 3000 fighters still holding out ready to stage spectacular insurgent like strikes. and we know about their ability to inspire terror attacks, in barcelona, spain, and visiting the regime of kim jung un this week, in north korea, in the un official, and us ambassador, a

wide-ranging discussion officials over points of mutual interest, the powerball icbm lunch by the regime will somehow to work it into the agenda, all this against the backdrop with us and south korean military drills. donald trump is considering announcing us, the capital of his real, very controversial for the arab world, thinking about moving the us embassy itself, even more controversial. heather: great to have you with us, thank you. back at home the fbi, $50,000 in hopes of solving the mysterious death of a border patrol agent but julio martinez died last

month after he and his partner suffered severe head injuries and broken bones near the mexican border. investigators say martinez's partner is recovering but does not remember what happens. fbi officials say the agent may have been attacked but have yet to rule out an accident. top world leaders overseas, tillerson and nato foreign ministers are set to discuss how to fight global threats including terrorism and north korea's nuclear weapons program. this comes after last week's speech when rex tillerson promised to support out of the trump administration. remember when chuck and nancy stood the president of because they didn't like tweets like this? >> chuck schumer and nancy pelosi did not show up for our meeting today, all talk and no action. heather: their coming to the

white house after all may become accepting an invitation for donald trump to sit down this week, thursday to prevent a government shutdown, government funding is set to run out friday. former president bill clinton switching sides when it comes to illegal immigration. writing in the new york times times op-ed, undocumented immigrants including dreamers and millions of people working hard is uncertain at a time when the workforce cannot grow without them but remember when he said this, as president -- >> illegal immigrants, that is why the administration to secure our borders more. heather: clinton sounds like donald from by proposing a ban on illegal immigrants and welfare benefits promising faster deportation.

to something happening today. and opening arguments for a case of a colorado bakeshop owner, refused to bake a cake for same-sex couples due to his religious views. >> i'm a follower of jesus christ, i serve everybody who comes in, gay, straight, catholic, atheist, i welcome everybody to my shop but i don't create cakes for every event presented to me. heather: here to discuss his attorney and legal analyst for the washington times, thank you for joining us, appreciate it. >> thanks for having me. heather: does it come down to religious rights or does it come down to the rights of the business, what is involved here? >> the key arguments you are going to hear from the baker side is this is a free-speech case. is not taking the religious liberty argument as much as you hear from his legal team about free speech and expression.

they are arguing a wedding cake is a simple symbolic speech and he should not be forced to create something against his religious views. on the other side you have a same-sex couple who complained after they were turned away by mister phillips to the civil rights commission in colorado. the commission said that the baker did violate the antidiscrimination laws, you can't turn someone away based on a protected class. heather: the aclu is saying this is a misogynist hardware store owner refusing to sell hammers or grass feed 2 women. is there a comparison? >> there are cases dating back to the 60s through the 90s about not only african-americans, can't disseminate against a minority class. this is the first time the supreme court takes up the case dealing with lgbt rights and

religious freedom. the interesting thing will be justice kennedy who authors a 2016 opinion legalizing same-sex marriage across the nation but also seen as passionate for the first amendment, even in that 2016 opinion noted those with religious views opposing things like marriage, expressing that in the first amendment. it will be interesting for those issues in this case. heather: what will he do? >> too early to tell. at 10:00 we will hear the oral argument and a way he is leaning when you hear his questions from each side. later today we will have a better idea which way he will swing. it will come down to a 5-numfour decision but interesting to see which side will prevail. heather: the aclu is not arguing personal and communicative stakes at play versus not agreeing with their opinion.

>> nothing to do with cakes, it is about discrimination. on the other hand the baker who says this is all about art, he named his shop master cheesecakes, his master, jesus christ. >> thank you for joining us. we are back to talk about this. 20 minutes until the top of the hour, a 6-year-old on facebook, the outrageous messaging apps the social media site rolled out. postseason platform, super bowl slideshow, social justice. >> i reflect a lot of good things. heather: alec baldwin might as

well make a career out of it, the brand-new talkshow slated to begin production next week. ♪

heather: house of cards will resume production early next year without kevin spacey. >> my turn. heather: finishing up the sixth and final season with frank underwood. the 8 episode season, claire underwood, after dozens of sexual abuse allegations against the actor. he is known for making fun of

the commander-in-chief and now he is getting his own talkshow. >> a time i would like to reflect on the good things i have done this year, it will only take a minute. heather: according to page 6, alec baldwin is teaming up with abc to host his own talkshow based on his podcast called here's the thing with alec baldwin. currently host match game for the network. ticket scalpers, cyberscalpers helping the grinch steel christmas, foxbusiness here with the scam. >> these are called toybox. they go online and buy out the most popular toys and sell them on secondary websites like ebay and amazon or much higher. there are toys going for $1000, barbie dream house $1500, chuck

schumer calling on retailers, it is unfair for parents who are trying to buy their kids presents this holiday season, reducing the crackdown on these toy bots. heather: rolling out messenger apps for children under 13. >> facebook rolled out messenger kids, parents have control over who these kids communicate with, and post videos communicate through tax and do all sorts of things a lot of people are wondering, should kids be on social media, given that mark zuckerberg after the birth of his second child said -- is that what kids should be doing now? heather: do as i say, not as i

do. starbucks giving away $1000 in gift cards this month, starbucks giving out 50,000, $20 gift cards in stores throughout the month of december. get a cup of coffee and you can get one of those gift cards. thank you for joining us, have a great day. 10 minutes until the top of the hour, cbs and at know the deal that could reshape the healthcare industry as we know it, will it lower drug prices and give more access to doctors? doctor safire is here separating fact from fiction. >> ho ho ho. come out of here. heather: the man of the hour. how much would you be willing to pay for your kids to get a picture with santa.

parents paying hundreds of dollars. ♪ can't buy me love ♪ no no no no ♪ say you don't need a diamond ring ♪

moon jae-in love our ball not happy with his son's suspension and pulling them out at ucla after the russian guard was detained for shoplifting in china. he told the la times and fbn, he is going to explore other options for his son to play. angelo was one of three basketball players arrested in china, the incident leading to a war of words between love our ball and donald trump who helped get those players read.

the nfl taking a bigger step to appease players who have been protesting our national anthem. malcolm jenkins telling espn to give players the platform to create awareness of just -- social justice problems during the playoffs and the super bowl on top of $19 million social justice initiative which roger goodell calls a unique opportunity. speaking of big bucks a multibillion-dollar deal just inked between cbs and edna. the drugstore giant moving to buy the nation's third-largest insurer in a deal that should reshape the health industry as we know it. her to explain what it means for you, nicole safire. let's look at the specifics of the deal, $69 billion deal, a purchasing price for that the. >> a lot of opinions on this

merger, the largest insurance network, you have two giants coming together, making a large monopoly, people have concerns about it and put together some true and false questions if we think they are good or not. heather: will it improve access to quality care? >> convenience is not synonymous with good quality care. what i envision will happen they don't come out with details, when i foresee this happening, instituted in the pharmacy, your neighborhood pharmacy where you get a flu shot and these are employed with nurses and physician assistants, there are no physicians if this is a new stop for your primary care are we cutting out physicians altogether, are they restricted to only thing nurses and physicians assistants and have

to pay a premium to see a doctor if they want to. heather: that brings us the cost question, less out-of-pocket costs for patients? >> i have to say cost, don't the cost savings that the patient level. there are savings with price negotiation between drug companies and pharmacies, will the patient see the cost? not historically. heather: the opioid crisis at length, a lot needs to be done in the area, will this merger help at all? >> strong reservations about this merger, it may improve the opioid crisis, won't fix it but help it a little bit in the sense that right now, getting multiple opioid prescriptions from various doctors and very little oversight, working on being able to monitor them to make sure they are taking them effectively. and well aware, to have more

control. i wish we could adopt that nationally, not just at one setting. heather: just one pharmacy are dealing with, and what pharmacy i use. >> yes you will. we have narrow networks under the affordable care act. imagine how narrow it will be with one pharmacy, that insurer will say you have to go here and that is it, pay the premium if you want to go to the other drugstore. heather: higher cost, we have seen that happen before but we will see. thank you, doctor, appreciate you joining us. giving is supposed to be the reason for the season but doesn't have to like it. >> almost finished. cover it with chocolate.

but i don't want to christmas box. >> you said you wanted it giftwrapped. >> would you skip the holidays if it meant not giving gifts? america's answer may surprise you. ♪

heather: that classic scene from

greece is on to something. brushing your teeth may save your life. prevented oral bacteria can reduce the risk of gum disease and/or related cancers. if not the bacteria could increase your risk of getting cancer by 21% so brush your teeth this morning. kroger supermarkets racing to pull one of their baby products off there shelves over mold concerns issuing a consumer alert for comforts for purified water saying of contaminated could pose serious health risk for babies. customers can return the product to receive a refund and sometimes visiting santa not always a magical moment. >> you'll shirt your eye out. heather: not stopping parents who are paying an arm and a leg to get the perfect picture of one new york city studio charging $500 for photos that

will get you an entire session, 50 holiday cards and custom envelopes. a lot of scroogees. a new poll reporting 30% of americans wish they could skip the holidays rather than shell out cash for gifts for friends and family, 35% of millennials that they would miss out on the season to spend the money on something else was that wraps it up for us. "fox and friends" first continues right now. by. it is tuesday, december 5th, making america safe again, major win for donald trump as the supreme court greenlighted travel ban after months of courtroom battles. can the administration keep the momentum going for tax reform? >> the swamp is thicker, more corrupt, more dishonest than