>> a grocery store gets an unexpected visitor, a deer strolling among the customers down the aisle pennsylvania. so peaceful, so calm. i don't know what he got, frozen pizza. the supreme court giving the administration a thumbs up to enforce the latest ban on travel. >> he has to go to court to get a temporary stay. >> peter struck over saw and participated in questioning michael flynn. and the hillary clinton decision from grossly negligent to extremely careless. >> if hillary clinton had won none of this would have surfaced, would have kept covering up the corruption. >> we are a step closer to

delivering to the american people historic tax relief. >> this is armageddon. >> donald trump spend the day in utah, stripping national monuments. >> public lands once again for public use. >> detroit lions demolition is a success, the second time is the charm. ♪ >> who put that together? they have a book out. >> the book right there.

lots of funny stories. the expression regarding kim jung un, on trump force one. i don't think so. >> what food he was eating on the campaign trail and touring the famous -- let him be trump and many people said no, rain him back in and this is why he is winning and america like him because he is who he is. >> when the president was putting his staff together and getting things up and running didn't stop him from putting policy out there, one was the travel ban, a little rough, the third time ceases to be the charm. >> it is about extreme vetting and president of the united states, lost a travel ban and the supreme court, a gigantic win by a vote of 7-numtwo and allow the administration to

enforce the ban while legal challenges continue in the ninth circuit. >> a big victory for our country keeping potential terrorists in their country and out of the united states. here is the list, chad, iran, somalia, north korea, venezuela. >> six of the eight want extreme vetting and find out who is coming here. if you have refugee status, when you come here you want to get a fresh start so here is what the aclu says, they are not for this. the anti-muslim prejudice is no secret, it is unfortunate the band can move forward for now. we stand for freedom, equality. >> the two justices against it,

ginsburg and sonia sotomayor. >> this comes to the argument a lot of people have made, the commander-in-chief doing what it takes to keep the country safe. ultimately mark stein agrees. >> essentially since this administration won a year ago the permanent bureaucracy and the courts ganging up to cripple the executive branch and the fact that he had to go to court to get a temporary stay tells you something about what an insane situation, the president has the authority to ban any aliens or class of aliens and civil service want to do, to

pass a constitutional amendment, in the event, god forbid any republican should be elected president, the entire executive branch will be in deep freeze for four years. >> too big a role in country and policy and that is what we are looking at, rocking up the legal levers, the supreme court weighed in. let's talk russia. >> the mueller investigation, he was fired for sending anti-trump texts. he is involved in the investigation and works for the fbi, hates the president and sent text messages to a colleague and has been fired but not before they discovered things about him. >> the number 2 counterintelligence official that the fbi seems to be in the nexus of everything that mattered from summer to fall to winter. who is he? he oversight and participated in the question of michael flynn,

flynn said something that wasn't right, change comey's draft language from grossly negligent to extremely careless. the reason is the word grossly negligent is criminal. chuck grassley, chairman of the senate judiciary committee, had been looking at the edits on the comey statement and the way the documents work you could tell changes were made. who made that change? they said we will look into it. it was peter struck. if you look at all the things the single man has been involved in it looks like he didn't like the current president, he liked hillary and had his thumb on the

scale. a problem with people who are biased, it is not supposed to be. >> people have the right to assume the people investigating them are objective and not made up their minds, that is why we see the text and interview special agent, a really bad last 18 months and this makes it worse. >> he was the official who signed the document and launched the investigation into russian meddling. he also is the guy who interviewed hima aberdeen and cheryl mills and they lied to him according to information gathered by the daily caller about when they knew hillary clinton had a private email server. they lied to him during the fbi investigation at the time

michael flynn lied as well but flynn got in trouble, they skated. >> what is the environment in the fbi if you are able to do this? working for the federal bureau of investigation intending letters to a colleague, the text messages. >> the inspector general with investigating the chuck grassley stuff. >> the wall street journal calling for mueller to go, troubled by it and it has to do with this. people say as soon as mueller found out struck might have been compromised because text messages revealing his political slant to the woman he is having an affair with, lisa page but got rid of him, that is not true. if you ask devon nunez how long he was trying to get this guy struck in front of news the intelligence committee in the house he has been frustrated with legal action, he wasn't

able to get anywhere, struck will come in and speak and mueller reacted prior to that. why was he on the investigation team? >> it is disheartening for so many reasons, he was fired from the investigation -- the other thing is it appears hillary clinton lied, got off scott free because these people were on her side. if this happens to a republican there's an investigation. >> what you are describing, the appearance, uncovered a lot of stuff going on with what some people refer to as the deep state and troubled by this man, what looks like overt violence. >> concerns most intelligence officials and fbi officials i've

spoken to about peter struck is he was so overt about his politics, this is a complaint i reported on your show months ago, april, june, july, fbi officials, working on these cases, higher-ups seemed very partisan to hillary clinton and they were going after trump and trump campaign officials and michael flynn was one of them. and interviewed flynn, the hillary clinton email, the central key players. >> she is at the hill. >> not only do they have a problem but human resources

which times, stick him with telling people how many vacation days they have left makes no sense and also a problem with somebody named by the trump administration, rod rosenstein, appointed mueller and resisting congressional oversight. why is rod rosenstein giving devon nunez on intelligence committee problems when it comes to investigating this case. >> it comes down to how many times we were told don't worry about the fbi, everybody there is fair and balanced and not biased, one guy, this peter struck guy has a problem. >> i have a problem with the whole mueller probe, building -- subpoenaing records from deutsche bank on the president, i thought we moved past. >> obstruction of justice.

>> get to being? >> going for a hail mary impeachment play. we will keep you posted on that and in the meantime some other breaking news. >> out west a massive wildfire in southern california exploding and turning deadly, police going door to door to get thousands out of its path as it approaches the city of ventura. the fire consuming 20,000 acres so far, 0% contained, 500 firefighters are working to put it out, one killed in a car crash. a texas police officer ambushed while executing a police want,

they began firing when other officers arrived. >> he worked to provide for his kids because he knows we are shorthanded. sees they chant that implosion after a botched attempt when crews couldn't bring down support beams. that is a look at your headlines. >> if it first you don't succeed. straightahead democrat threatening to hold the government hostage, new spending bill protects dreamers, mark walker plans to fix the immigration system without giving in to their demands. >> those are republican demand, jesse venturi is not done taking shots at chris kyle.

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what if we could keep more amof what we earn?d. trillions of dollars going back to taxpayers. who could possibly be against that? well, the national debt is $20 trillion. as we keep adding to it, guess who pays the bill? him. and her. and her. congress, we should grow the economy. not the debt. ♪ >> congress scrambling to pass a spending bill, as democrats

withhold votes. giving into president obama's failed immigration policy, republicans -- here to explain his chairman of the study committee congressman mark walker who could have a problem as we go into conference with the tax reform bill. are you concerned they are factoring in the aca to shut down the government? >> yes we are. this would be included in the spending bill, 10057 members, we did a survey among members, the things that have to take place in the top two or three to move forward. the evangelical church has moved on this but these vital characteristics are important. >> you want to build the wall,

get $1.8 million to start. >> that may include border agents but we have to complete what we promised and what democrats promised they would do. secure and protect the people of the united states. >> got to pick people up and take people out. >> this is a huge problem, talking about securing the borders number one and make sure we are doing our best. >> you get an extension and fund sanctuary cities, require e-verify, and act a rational immigration system. you have a problem in

conference, senator jeff flake and susan collins want protections for the soon-to-be obama era program that shields children of undocumented immigrants, that will be a problem. >> the data is on our side, defining sanctuary cities, 2015 not just criminally charged but 40,000 convicted felons that have done horrible crimes, they are not larger than we normally see, tell that to victims of families who dealt with these crimes. this is not a crazy far right-wing move but the basic of securing our borders, pushing back against senator flake and senator collins, the president was right, we have to deliver on

this. >> the gop aimed house members at the conference, appreciate it, you. forget isis, nancy pelosi says the republican tax cut plan is the threat to civilization. >> the debate on health care is like death. this is armageddon. plants. plants. to grow more delicious coffee. that erupts with even more flavor. which helps provide for win's family. and adi the goat's family too. because his kids eat a lot. all, for a smoother tasting cup of coffee. green mountain coffee roasters. packed with goodness. if you have moderate to severe plaque psoriasis,... ...isn't it time to let the real you shine through? maybe it's time for otezla (apremilast). otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable after just 4 months,...

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donald trump could recognize jerusalem as his relapse capital by the end of the week prompting security warnings and american embassies worldwide. according to politico the state department is concerned this could spark violent responses from palestinians and the rest of the arab world. steve:democrat lashing out against the tax-cut plan calling it class warfare. >> the trump tax plan put income any quality on steroids. who loses in the equation? working people and middle class people. >> hard-working americans who don't make a lot of money. >> this is class warfare and we are going to fight back. >> doesn't the tax-cut

across-the-board help everybody? the executive director of the black sphere, kevin jackson, democratic strategist scott levinson. good morning to both of you. let's start with you, kevin. this is across the board. when you look at how it benefits the middle-class it doubles the standard deduction and double the child tax credit, preserves college loan and medical expense deductions, doesn't look like armageddon to me. >> i would love donald trump to save you like your tax plan you can keep your tax plan. it would be so fitting. the democrats passed obamacare claiming it would be a panacea, it was a horrible legislation, we have figured out it raised healthcare through the roof. democrats don't want to repeal it but then they say this won't benefit everybody, donald trump

didn't say it would benefit everybody but it will give money back to the people who pay for america to operate not to mention we won. if donald trump wants to pass the tax plan he should be able to. final point is look at the money barack obama added to the budget and democrats want to say if it isn't cost neutral it is a bad plan. >> kevin mentioned we won, elections have consequences. this is good for your business. >> it might benefit me personally doesn't mean it is good for the american public. it is a scam brought on by a huckster. if you look at the details, the cut in corporate taxes it is clear who this is benefiting.

folks from this administration said it would bring down health care costs, it will drive up healthcare costs. it is driving up the deficit. >> i you got are talking points. >> cutting corporate taxes by 42%, we know who that benefits, working-class people don't have corporations. and you know what? the fact is if we wanted to believe this president he said it would be a bad tax plan for him, let the guy release his taxes. >> he released his taxes. everything he just said are democrat leftist talking points. let me give you an example. when democrats talk -- >> in corporate taxes. >> i'm done with you. when democrats talk about raising the minimum wage they

didn't care that it would hurt people with fixed incomes. if you raise the minimum wage, let me finish from $7 to $15 an hour you cut everybody with fixed income their money goes by half the democrats don't care about that. they act as if it is doom and gloom the way they did when donald trump got elected the economy was going to go into the crapper. the economy is booming. >> is nancy pelosi talking about if this goes through kiss life on earth goodbye. >> the debate on health care is like death. this is armageddon. the republicans intend to lower taxes on small business so you

can hire more people. >> we heard the trickle down myth for a generation, doesn't work. a $1 trillion deficit puts our spending on the backs of our children. this is not good conservative fiscal policy. it is a boondoggle, scam on the american public. the fact we came to discuss the tax-cut and he is talking about minimum wage shows look over here, look over here. >> we can talk about tax cuts. >> explain 42%. >> we have to end it. looks inevitable the senate and house will have a conference and vote on it before christmas. let's get together in a year and

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magazine. and then on friday i'm going to be in west palm at the forum club speaking there at about noon. ainsley: nice. are you going to miss the weather here? brian: yes. it's about 52 degrees here, it's pretty nice. ainsley: it's a little colder here than in florida. brian: hence the term snowbirds. when you get to a certain age, you're asked to leave and go to a warmer location. steve: they're asked to leave? brian: yes. aren't seniors asked to leave and -- [laughter] ainsley: no one's going to sign up to go to your book signing now. >> i'm getting out of here. steve: go to florida, you were told to leave. brian: i'm just saying, it's a wise move. right? steve: i love florida. brian: zero state taxes. steve: they've got some pretty good property taxes though, just saying. brian: i'll be there.

ainsley: congratulations on the book, good for you. brian brian thank you. ainsley: we're very surprised. [laughter] steve: especially those seniors. [laughter] ainsley: gillian? you have some headlines? >> i do, let's get you cawpght. a marine is fighting for his life after saving the life of a stranger overseas. master sergeant hector trujillo struck by a car moments after pulling over to help a victim of a car crash in japan. he was stationed in okinawa, he's hospitalized in the u.s. with a skull fracture and spinal injuries. his family is raising money to help with expenses on go fund a hero web site. a police officer is hailed a hero for saving the life of a choking newborn. body camera video showing the officer rush upstairs to help baby bela limp in her mother's arm in georgia. after about a minute of compressions, she started to breathe again. the baby's family thank god for

that officer's help. >> was at the right place at the right heym. sometimes angels don't come from heaven, a lot of them are already here, and he's an angel. >> this was the first time the officer used cpr. how young is tuning to be on social media -- too young to be on social media? messenger kids allows children to interact in what facebook calls a controlled environment. if two children want to be friends on the app, their parents must approve, then they can message and do live video chat. of course, send us an e-mail, friends@"fox & friends".com or fall us on twitter and facebook. brian brian that's what we need, the kids on more social media. steve: instead of their smartphone for a second? brian: yeah. or they could just talk to people. ainsley: i made the mistake of giving the phone to hayden the

other day. she was trying to run around the restaurant, and the guy next to me, they were talking about it, and he said we never did that when we were growing up. i said, i know, i'm guilty of it. so i made a conscious effort not to do it again. and the next night i had a whole bag, crayons and coloring books, toys, baby dolls, it worked, too. steve: absolutely. ainsley: i learned my lesson. no hate mail, please. i'm just doing my best. steve: meanwhile, take a look at this map that janice has got. that's what you call a cold front. >> reporter: 24-hour temperature change, in some cases 35 degrees difference from this time yesterday. so it's coming. changes are coming. we could see, actually, some snow friday into saturday. stay tuned. there's your current wind chill, the coldest air of the season and the first big snowstorm for the northern plains, upper

midwest, that's on the move. the cold front ahead of it, warmer than average temperatures, so it's mainly going to be a rain event from the northeast back through the deep south. but the next system friday into saturday, a coast aloe, the cold -- coastal low. the first taste of snow for the season across the northeast, so stay tuned. we'll bring you the latest. back to you. ainsley: all right. that's exciting. steve: looks like rain is falling in south carolina. ainsley: that's right. todd pyro went to the state where i am from, and you're at a very famous place. everyone in greenville knows stacks omega, and that's the diner where we find todd. todd, p aren't those folks just wonderful? >> reporter: people could not have been nicer and, of course, everybody loves "fox & friends" here in south carolina, but let's be honest, they love ainsley the most because she is a native daughter of the great state of south carolina. so, ainsley, a kiss from your home state. all right, i've also found the

one gentleman from boston who lives here in south carolina who's not a red sox fan. you know this is going to be an amazing interview. it's dan. he voted for president trump, and he's very excited about tax reform, excited it's going to pass. why do you say that? >> because it's about time. something needs to happen with this country. we need to pick up the ball and get moving. >> reporter: and you told me that you are actually disappointed in tax reform in the sense that it's not going to be for everybody meaning you think it should even be for the rich. why do you say that? >> for the same people. rich people -- i never got a job from a poor person. if everybody gets a tax cut, the best for everybody. it's best more everybody. >> reporter: nancy pelosi called this tax bill armageddon. how do you respond to this? >> well, i don't have too much faith in anything that new nancy pelosi says. armageddon is what we've been experiencing over the last eight

years, if you ask me. >> reporter: travel barnes you said -- ban, you said smart move. why to you say that? >> we don't agree with terrorism in this country, and we don't think that -- islam is kind of bad in terms of terrorists, and we don't need terrorism in this country. >> reporter: radical islam you're specifically referencing. >> correct. >> reporter: understand. tossing it back to new york city, and i'm going eat this. this is a baked potato omelet, and i'm going to take it from dan even though dan is the coolest guy in the world because he's not a red sox fan. >> have a great day. steve: thank you very much. that sounds delicious, a baked potato omelet? brian: a lot of starch. write us, tell us what you think. steve: we like it. brian: coming up, it was a huge now. police catching a serial killer in tampa, but some people missed the message because that sign language interpreter -- ainsley: no, another one?

brian: was a fake? basically, she's calling plays for the tampa bay buccaneers. ainsley: the dow closing at a record 24,000, and stuart varney says it could set another record by christmas. your 401(k) are going up. stu is here to break it down. steve: good morning. ♪ ♪ paying less for my medicare? i'm open to that. lower premiums? extra benefits? it's open enrollment. time to open the laptop... ...and compare medicare health plans. why? because plans change, so can your health needs. so, be open-minded.

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because who wouldn't want...that? ask your doctor about opdivo. see opdivotv.com for this and other indications. bristol-myers squibb thanks the patients, nurses, and physicians involved in opdivo clinical trials. ♪ ♪ brian: all right, back with the headlines, here's a story that won't go away. former minnesota governor jesse ventura slamming american sniper chris kyle yet again, settling with the late navy seal's estate after a five-year league battle over defamation. american sniper, made into a

movie, the two were in a bar fight. ventura says it never happened. >> i offered the american liar, can chris kyle, the opportunity to show honor and courage, and he didn't have it. brian: right. and he would know honor and courage if he recognized it? don't think so. kyle was murdered in 2013, unclear how much money ventura got in that settlement, but he now says he's considering another political run. oh, keep your fingers crossed. meanwhile, running for office runs in the bernie sanders' family, his stepdaughter announcing her bid for mayor of burlington, vermont, the same office the former presidential candidate launched his political career back in 1981, and that's what he looked like. steve: meanwhile, in just a couple of hours the stock market's going to reopen, the dow, look at that, 24,290, its 64th record high of the year. optimism of a tax deal has spurred the biggest gain in

months. ainsley: so where is the market going from here? here to break it down is host of "varney & company" on the fox business network, stuart varney. 64th record high of the year and 81st since the election? this trump rally is a real thing. >> yes. the trump growth agenda is in place, and it is working. that's deregulation and tax cuts. we've got the best growth rate in a decade, well over 3% now, and the result is the trump stock market rallies. as you said, 81 record highs for the dow industrials since the election of donald trump and over $6 trillion added to the value of all stocks being traded today. now, if you think about it for a second, that's why the democrats are apoplectic of the passage of this tax cut. you've been reporting all morning -- brian: armageddon. >> the end of the world, she says. brian: people will die, larry summers said. >> they're being extreme because they see the writing on the wall. the elections next year we're

likely going in with not exactly a booming economy, but a very, very strong economy, prosperity has returned, lowest unemployment rate in, what, 15, 16, 17 years. if that's the backdrop to the elections, the democrats don't want that because the republicans will do well. steve: well, take a look at the quarterly growth during the obama years versus so far this year, and even though he hasn't gotten much done legislatively through reducing regulations, with the power of the pen, president trump has been able to carve out better than 3% per quarter. >> that's right. we've got 3% in each of the last three quarters. we've not seen that in a decade. that is a strong growth rate, and i think that with these tax cuts in place the growth rate gets even better next year. you might get pretty close to 4%, and that's a very strong growth rate. brian: two things i'm looking at, the trade deals and the work force. only 60% of the work force is working right now.

how do we get those people into the game? >> i don't have an answer to your question. i do believe, however, that when you restore prosperity and you've got real growth, people will be enticed back into the labor force because this is a don't job available. a decent job available. it makes sense -- steve: but also a lot of those people are retired. brian: yeah, i don't want to make them work again. steve: move to florida. >> i should be retired -- brian: by the way, you didn't even try. i've never seen anyone give up so quick, i don't have an answer. [laughter] we don't need honesty, make it up! >> back to the original question which you posed which is where's the stock market going from here. again, i don't have an answer for that. i'm not heretofore cast the stock market, but here's what i'll tell you: if you're an investor -- you start laughing. if you're an investor and say you've got stock in amazon, you have done extremely well. if you're very, very worried

about the future, sell half your investment -- ainsley: and then you haven't lost anything. you've locked in your profit. he says it with a british accent. brian: but it's not real. >> i am american. you want me to do this with an american accent? forget it. brian: stuart, thank you. ainsley: thanks, stuart. steve: democrats say they're building an obstruction of justice case against president trump, but republican trey gowdy says he's seen the evidence, and it would actually show the opposite. >> only felt obstructed, he did a masterful job of keeping it out of his memos. steve: what does the judge think? judge napolitano, top of the hour. ames -- ainsley: and you know how some people just can't wait to see santa claus? >> ho, ho, ho. get him out of here.

[laughter] ainsley: some parents are spending hundreds of dollars to get a photo with santa, but we're going to show you how to get the same result for free. look at those cuties. hey, girls. ♪ ♪ what is this? when we love someone, we want to do right by them. but some things we can't control like snoring. (snoring) introducing theravent anti-snore strips. clinically shown to reduce snoring. theravent. the answer is right under your nose.

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♪ ♪ >> ho, ho, ho! uh-oh. get him out of here. ainsley: well, just like that scene from a christmas story, sometimes visiting santa isn't always a magical moment. if you're a parent, you know what i'm talking about. apparently, parents are paying as much as $300 to get their photos with santa this holiday season. our next guest says we can get the same adorable photos for

free. here to show us how is professional photographer allison gallagher, and we have sandy next to her son luke and all the little children. hey, girls. y'all are so cute. i just have to ask, what do y'all want for christmas? what's your name? >> julia. i want a guinea pig, the game frogger, and i want a bike. ainsley: oh, wonderful. >> and sand. ainsley: and have you talked to santa? >> no. ainsley: what do you want? >> i want a baby. ainsley: y'all are so cute. let's get some tips on how to get a good christmas picture. >> okay. so i believe at home it's more of a controlled environment, so it actually is a little easier without all the stimulation of going out and seeing santa and all the kids. so i truly believe, you know, make sure your child -- you know your child. make sure your child's happy, fed, you know, bribe 'em. we bribe them to death. ainsley: show us how to get a good picture. >> i've done this at home with

my christmas cards with julia over the years. snuggle your -- ainsley: a little teddy bear, right? >> snuggle in her favorite tree -- i mean, snuggle with her favorite bear. she's detached from what's happening. she's involved in her stuffed animals, get some lighting from the tree behind which is always nice in your pictures and card. we want the nostalgia of christmas. ainsley: what about santa? my brother and his wife took the kids to see santa, they cried. >> i believe that's what really happened -- ainsley: there they are. the twins are so scared. >> i don't want to force my child to, you know, we want to remember them for what they were. i've had her miserable on a card, and i had bah humbug on it. when i look back, it's fun. ainsley: are you shocked that people are paying $300? >> i'm not. ainsley: where is this happening? you said everywhere. >> people pay a ton of money

especially at christmas. you want that emotional, child-like feel, the nostalgia captured for a lifetime, i mean, you do, so it does not shock me they're spending that much money. indiana iowans judge napolitano's coming up next, thanks so much for being here. >> you're very welcome.

♪ ♪ brian: the third time seems to be the charm: ainsley: the supreme court is giving the administration a thumbs up to fully enforce the latest ban on travel. >> he had to go to court to get a temporary stay -- >> what an insane situation we're in. >> this if fbi aide in the mueller investigation, he was actually fired not before they discover some things about him. steve: he oversaw and participated in the question of general michael flynn. >> had a really bad last 18 months. this makes it worse, frankly. >> we're now one huge step closer to delivering to the american people the historic tax relief -- >> this is armageddon. >> president trump is promising

to shrink the size of two national monuments. >> public lands will once again be for public use. ♪ >> after a failed first attempt, second time's a charm for the pontiac silverdome. ♪ brian: do we know how many people are in the imagine dragons? steve steve four. brian: is it just four? steve: why are you obsessing about this? brian: they're starting to make some money, and i worry about the -- >> what are you talking about? brian: good question. ainsley: he asks how many people are in the band -- brian: they're a very successful band. remember elo? remember how many people were on stage? steve: like 11. brian: too many.

steve: okay. proop brian and no one makes money. why do you think rush did so well? a three-man band. >> when's the last time you went to the philharmonic? brian: let me see -- ainsley: never. steve: hey, judge florida low joins us. you've seen stories about this fbi agent, peter strzok, with every move that he has made in the last year under a microscope, what stands out in your mind as things that look biased where it shouldn't be? >> i'll tell you what's the most -- good morning, everybody everybody -- unusual thing, when the fbi intergate ld general flynn in the white house on january 24, it already had transcripts of every one of general's conversations with ambassador kislyak of which we now know there were five from between the day of the election and the day of the inauguration. so if they had the transcripts

of those conversations, what was the purpose of interrogating the general? steve: to catch him. >> to trap him which they succeeded in doing. brian: is that wrong, first off? i hear you say the last thing. is the premise of that wrong? >> in my personal view, yes. the government should not be in the business of trapping people. supreme court says it's okay, and the government does it all the time. why would they do this to the president's federal foreign policy adviser -- principal foreign policy adviser? general flynn had been at the ear of donald trump since june of 2015 when donald trump announced he was running for president. so why would the fbi be in a position to do that? we don't know the answer to that. flip side of this is the general used to be in charge of all the spies in the military. he was the head of the defense intelligence agency. thousands of people running surveillance to keep america safe urn him. under him. how could he not know that the fbi had transcripts of these

conversations? so just as mysterious as is why did the fbi interrogate him is why didn't he tell the truth. steve: what about this guy, though, peter strzok, who changed in comey's narrative about hillary clinton, changed it from grossly negligent to extremely careless? because grossly negligent is criminal -- >> extremely careless sounds a little softer. but if you ask a first-year law student what is the definition of gross negligence, the answer is extreme carelessness. there really, in the law, it's no different there. so if he changed this, jim comey still has to bear responsibility for it because he uttered the statement. it wasn't a written statement the, it was a spoken statement. and he's responsible for what he says even if somebody else drafted it for him. but i have been arguing for 11 months now that the comey decision was wrong on the facts, wrong on the law and not his to make. why doesn't jeff sessions see it

that way? steve steve yeah, why? >> why does the president have to taunt the doj and the fbi instead of jeff sessions taking this evidence, presenting it to a grand jury and letting the grand jury decide whether or not mrs. clinton should be indicted for espionage? brian: i want to talk about peter stock from for a second. he's a part of the flynn set up, you say the trap. he's part of looking at the 35,000 e-mails on anthony wiener's laptop, he's part of this gross negligence and the flipping of the language. he is also caught texting anti-trump views to his mistress on the side. and then he's moved to human resources. who ever heard of that. >> >> okay. i understand, i understand the point, but i want to make two observations. i have never met an fbi agent that did not have a political opinion. they're smart, intelligent people, they have the same feelings the rest of us do. but if those opinions cloud your judgment or animate your judgment, you should be off the case. so when jim comey utilized the

services of peter strzok, he stayed on the case. when bob muellerer recognized what an advocate this guy was more one of the two sides, he got off the case. brian: yeah, but not right away. ainsley: senator blumenthal says credible case of obstruction of justice, feinstein, i see obstruction of justice forming against -- >> okay. so obstruction of justice is the interference with a judicial or law enforcement proceeding -- here's the key phrase -- for a corrupt purpose . donald trump said to jim comey back off of general flip, if he said that to dan coats who runs national intelligence, to admiral rogers who runs the nsa, and he did it because i feel sorry for general flynn, been through enough, that's not a corrupt purpose. or the fbi has limited resources. they'd be better off chasing bank robbers and terrorists than chasing mike flynn. that's okay.

but if the purpose was i'm worried what beans mike flynn might spill about me or somebody close to me -- brian: impossible to be inside his head. here's what trey gowdy said yesterday to that very question. steve: about the memos. >> that started being discussed when comey had these memos that he said he made. i've read every one of comey's memos. they would be defense exhibit a in an obstruction of justice case. not prosecution exhibit. if comey felt obstructed, he did a masterful job of keeping it out of any of his memos. >> it's the rare crime where you don't have to succeed, the obstructer doesn't have to succeed, he just has to attempt to interfere. what is in donald trump's mind? who knows? it's up to what evidence surrounds his behavior in from a pact-finder would -- fact-finder would infer. is obstruction of justice a crime? of course it is.

ainsley: it's starting to put doubt in people's minds as to whether or not the fbi can administer a fair investigation, so christopher wray, he sent a memo to all of his employees to try to boost morale. please continue to keep focused on our critical mission with fidelity, bravery and integrity. the american people rightly expect this from us. keep calm and tackle hard. >> my guess is that he actually is speaking to people who have strong political views. that's a very nice thing to say, but that's in one ear and out the other of thousands of fbi agents. if there are fbi agents involved in these politically sensitive investigations -- they're not prosecutions yet -- you have to find out whether the politics is interfering with the professional judgment. if the politics is interfering with, clouding or animating the professional judgment, the person needs to be transferred to another investigation. you can certainly have a strong political opinion, but it can't be on front burner as you make

law enforcement decisions. brian: "wall street journal" today, lead editorial, they have a major problem with the mueller investigation, especially how slow he moved to move him out as well as being obstructed when it comes to devin nuñes' intelligence committee. >> that is another strange relationship. these things are not supposed to happen when the same political party runs congress as rubs the white house -- runs the white house and the executive branch. who ever heard of a republican congress holding a republican fbi director or a republican-appointed deputy attorney general in contempt? president should pick up the phone and say give them the documents they want. steve: i think the president is celebrating because the supreme court agreed with him 7-2 yesterday where they said the president of the united states can go ahead and decide who comes in and out of the country as the lower courts decide whether or not the so-called travel ban -- >> right. this is the third travel ban. this is the one that includes the supreme court's crafted

exception for bona fide relationships meaning a relationship by blood, by family, by marriage or a job offer or a seat at, in a college or a university. steve: right. >> it's the one donald trump himself called watered down. but i agree -- he feels it's watered down because it's not a trumpian phrase, god bless him. it's not as strong as the first one. it accommodates the judicial concerns. here's why he should be overjoyed. all those lower court decisions are all history. they're all just footnotes now. brian: eight countries, six of which dominated by a muslim population. >> right. the government can use extreme vetting on people from those countries. this is not the final word on it. the supreme court still has to issue an opinion with finality. we'll have an indication -- 7-2, we have an indication which way it's going to go. steve: sounds like the final decision by june. >> coming. steve: judge, thank you. >> pleasure, guys.

go, giants, brian. what remains of them. steve: what's left. >> good morning, judge. let's begin with this fox news alert, brand new video of a massive wildfire in southern california exploding and turning deadly overnight. right now police going door to door trying to get thousands of people out of its path. 27,000 have been evacuated as it approaches the city of vent are rah home to 100,000 people. there are reports of people trapped inside their burning homings. >> sheriff's department, anybody home? >> the fire consuming 31,000 acres so far, destroying 150 buildings, and at this point it is 0% contained. 500 firefighters are working to put it out. at least one person has been kill in a car crash that has been blamed on the fire. of. to another fox news alert, border arrests are plunging, and deportations are on the rise. brand new numbers just released

revealing the the impact of a trump administration's immigration crackdown. border control making nearly 311,000 arrests during the fiscal year, 25% less than last year and the lowest level in nearly five decades. deportation the are up 25% from 2016 with i.c.e. making more than 140,000 arrests. it appears democratic congressman john conyers will call it quits in congress as a seventh accusation of sexual misconduct surfaces. a family member tells "the new york times" conyers will not be seeking re-election for his detroit house position. conyers is expected to make the official announcement on a detroit radio show later this morning. the latest accusation from a former staffer who claims he touched her inappropriately in church look at your headlines, i'm sure we'll have an update -- broo brian great. >> and his brother's grandson wants to run in his place, right? keep it in the family, i guess. >> more information on that. brian: maybe he wants to run

from the name conyers after all these allegations have emerged. steve: it is 7:12 here in nice. president trump delivering on another campaign promise, shrinking two national monuments and giving the land back to the states. interior secretary ryan zinke joins us live next. brian: and ever wonder what nancy pelosi thinks about the republican tax plan? >> health care, the debate on health care is like death. this is arm get done. -- armageddon. brian: corey lewandowski and david bossie are here, they wrote a book together because they couldn't decide who should write it first. ♪ ♪ you do all this research

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>> i've come to utah to take a very historic action, to reverse federal overreach and restore the rights of this land to your citizens. steve: president trump in utah yesterday making good on another campaign promise, shrinking the size of national monuments, returning federally-protect land back to the states. er into or your secretary ryan zinke has been ordered by the president ore view all large monuments established over the last two decades, joins us live from d.c.

mr. secretary, good morning to you. >> great to be with you. steve: okay. so in the final days of the obama administration, i know there are members of the administration -- this administration -- that say they, it was land grab, try to get as many acres as possible and protect them for environmental purposes. you were ordered to examine all of those. why'd you decide to give these, these many, many, many acres back to the people of utah? >> well, you know, you look at the expansion of it -- expanse of it, bear's ears 1.5 million acres, and public land is for public use and not special interest. there's no square inch of land that comes out of the federal estate, but we're restoring national terrorrest, wilderness to wilderness. again, at the end of the day, public access is, hunting and fishing, grazing, that's an important use, and we're giving a voice back to utah, a voice

back to the local communities that live and work there. it was a blatant misuse of power. in one case the governor of utah read about it in the sunday paper taking two million acres and rocking the public -- locking the public out. steve: right. so now you've returned that public land to the public, but you're getting pseudo. a number of -- sued. a number of environmental groups are suing the federal government, and the company with the outerwear, patgonia, they tweeted this out: the president stole your land. mr. secretary. >> well, it's interesting, you know, these companies that make their products other places on foreign shores and special interest groups, there is not one square inch that leaves the the federal estate, but we do restore national forests to a national forest, we restore wilderness, and we open up our public land to the public for greater access, making sure hunting and fishing rights, grazing.

there are multigenerational families, ranching families that found their livelihood being threatened. timber management is an issue. and we need to make sure we're actively managing our lands. you look at what's happened out west, fire after fire, devastation after devastation, you know, we need to actively manage. and i've always said that public use is important, and our lands are for the benefit and enjoyment of the people and not special interest groups. steve: there you go. although the special interests are steam ised today, but then again, sounds like a lot of people out in utah are are happy. mr. secretary, thank you very much for joining us today. >> always a pleasure. steve: thank you, sir. >> and merry christmas to you. steve: merry christmas to you, indeed. straight ahead, the kate steinle verdict sparked nationwide outrage and the illegal alien cleared of murder, even legal aliens are furious, the immigrants are, and that includes antonio sabato jr. who calls it an insult.

he's going to join us next. and todd pyro having breakfast with friends in greenville, south carolina. what do they think about tax reform? find out. ♪ ♪ ♪ ♪ it feels good to be back. ♪ ♪ ♪ ♪

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>> good tuesday morning. back with some quick headlines. a fake sign language interpreter causing major confusion at a major news conference. the woman standing side by side with police officers as they announced an arrest in the tampa serial killer case. >> what i understand, she knows enough about sign language that she was able to fake, but it was not accurate. >> clearly, it wasn't up to our standards, and that's on me. >> the department didn't know she was a fake until the public asked what was going on. lavar ball is now pulling

his son out of ucla after the freshman guard was detained for allegedly shoplifting in china last month. lavar ball tells everything spn and the l.a. times that he's going to explore other options for his son to play basketball. a war of words between lavar ball and president trump who helped get liangelo and his teammates free. brian: i'm going to bring ainsley with me for this. an illegal immigrant cleared in 2015 murder of kate steinle virtually, and that happened in san francisco. ainsley: yeah. the decision outraging many legal immigrants like our next guest who tweeted this out: i am proud to be an american. we came here legally and did things right. it took time, money, effort, sacrifices and so much more. thank you to my parents for showing me and my sister what hard work dedication and the american dream is all about. brian: joining us right now with more on this is trump supporter, gop congressional candidate, famous actor antonio sabato jr.

you looked at this case, you were outraged, but it made you look back on how you got here and our immigration system. why was that important? >> well, let me say, first of all, i want to say my thoughts and prayers to everybody in ventura county. i've been up all night with fires, and the first responders in my community, god bless you, hope you're well well. going back to kate steinle, what's going on in california with the liberals, they're destroying the state, and we've got to stop that. we shouldn't have sanctuary cities, neighborhoods or states whatsoever. these people are protecting, protecting people that are here illegally. we allow a million people come to a country every single year legally. so we shouldn't change that. we should change the fact that these sanctuary cities do not work. and i urge the feds to step up and do something about it. because my county's never going to be sanctuary in any shape or form, over my dead body. it's never going to happen. ainsley: what do you think about a bill introduced yesterday by

an indiana congressman who said he's going to implement huge fines and prison time if elected officials do shelter these illegal criminals from deportation? >> i support that 100%. that's what we should be doing. we should be protecting the american people, taxpayer money. first and foremost. broin brian okay. let's see if this actually goes through if it gets some momentum. he'll be joining us later in the show. i hate to tell you, antonio, but you're in the minority. most people do not agree with you out in california and outside orange county. so if you don't like the policy, you almost have to leave. >> well, it's okay because, you know, our president trump was a minority too, and look what happened. it's going to take some time and a lot of effort, but we can fight this because the american people are fed up. go to voteantonio.com, get me in congress in 2018, which i will be there, because my opponent doesn't even live in ventura county. these are kind of, you know, we have these officials who are

protecting, supposedly protecting the american people? they don't even live in the neighborhoods they're supposed to be taking care of. i'm going to step up, i've put everything on the line. we're going to fight for this, the american people are going to speak loud and clear. ainsley: what'd you think about the supreme court ruling in favor of president trump's travel ban? he doesn't want anyone who is a criminal or a terrorist to come into our country. >> he's absolutely right. we should protect the american people. first and foremost. that's what i'm going to fight for, and that's what i'm all about. brian: antonio sabato jr., back to helping those first responders. thanks so much. ainsley: yeah. good luck with your run. what does nancy pelosi think of the gop tax plan? >> the debate on health care is like death. this is armageddon. brian: as long as you don't get into the hyperbole, we'll be fine. is it really? and what was it like when president trump, with president trump on the campaign trail?

corey lewandowski and david bossy have the inside story, but here's a hint: there's a lot of elton john, and it's very loud. they both join us on the couch together. ainsley: with their new book. ♪ [ keyboard clacking ] [ click ] [ keyboard clacking ] [ clacking continues ] good questions lead to good answers. our advisors can help you find both. talk to one today and see why we're bullish on the future. yours.

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was supposed to be a wake reup call for our government?sh people all across the country lost their savings, their pensions and their jobs. i'm tom steyer and it turned out that the system that had benefited people like me who are well off, was, in fact, stacked against everyone else. it's why i left my investment firm and resolved to use my savings for the public good. but here we are nine years later and this president and the republican congress are making a bad situation even worse. they won't tell you that their so called "tax reform" plan is really for the wealthy and big corporations, while hurting the middle class. it blows up the deficit and that means fewer investments in education,

health care and job creation. it's up to all of us to stand up to this president. not just for impeachable offenses, but also to demand a country where everyone has a real chance to succeed. join us. your voice matters. trump: cory, where is cory? does cory have a ground game or what? boy, do we have a ground game? where's cory? cory lewandowski. trump: you know, david is a fantastic guy. he's done an amazing job. i was just telling actually david who said, by the way, i'm not a politician and i'm not politically correct, and i think that's a great thing. steve: well, as the president just mentioned, cory and david, and they have written a book. it is called let trump be trump, and the rise to his presidency. it drops today, as they say.

cory lewandowski and david bossie, good morning to both of you. let's start at the beginning. cory, how did you meet donald trump? >> you know, dave bossy called me up and said, hey, i want to put together something called the freedom summits. and we had gone through a litany of people, and i said let's invite mr. trump. and i said, look, i don't think he's going to run. this is april of '14. candidate trump spoke for 45 minutes and took over the show. >> and it was all downhill, uphill from there. >> it was amazing. no one remembers this but at the end of this very speech, he said we need to do something very important. we need to make america great again. it was the first time i heard the line, and that was the beginning of the rise of trump on the political level. it was amazing. brian: when did you believe he was running, david? >> it was a process for me to believe it. i think it was a process for him. you know, i was working with him over the years. steve: how did you meet? >> it's a great thing for me,

and it's in the book. i hope everyone will get a chance to see it. it's really the soft side, the warm side of donald trump. he helped me when he didn't know me in 2010. i was raising money for children's hospital in washington, d.c. trying to help other children. my son had four brain surgeries and two open heart surgeries, and i wanted to help other children who didn't have the greatest health care to have it. and donald trump without any press just helped me as a human being. steve wynn, mutual friend of ours helped. it was a great friendship from there. ainsley: people believe their dreams can come true. yours did too. you grew up in millville area. you drove a forklift. how did you come up with this phrase let trump be trump? >> it's the greatest country in the world. growing up in a very blue-collar town in

massachusetts, never did i think i would have the opportunity to be on a presidential campaign, let alone run one and that the leader of the free world is a friend of mine. look, the hard work and dedication i learned it massachusetts, the ten afte tenacity and keep fighting, that's what i tried to bring to the trump campaign because every pundit on the left and all those mainstream liberals said he'll never run. he'll never succeed, and we weren't capable of winning. and through his sheer tenacity and gut -- ainsley: i love what your mom did. the way she was able to send you to college, she got a job in the financial office. that's how much your mom loved you and gave you that opportunity. brian: let's talk about the president and wanting to be on with him. we know he's expunge the run probably will never be duplicated. because the intensity was high. you had to be cool under pressure. >> certainly.

but we as a staff -- first of all, nobody won this campaign but donald trump. let's just be clear about that. he won it. he was 99% of the equation. we, the entire staff were the 1%, and we helped, but it was all him. brian: it was a roller coaster. >> cory and i talk about this in the book how difficult it is because the man wants and deserves and demands perfection from the staff. he expects it through the trump org, his books and tv deal and real estate empire. he wanted it in the campaign, and that's what we tried to give him. some days, we failed. and it was tough because of things that we did. but i have to tell you, no greater boss. steve: there are some tidbits out there. one is sometimes the music. that elton john would be so loud on the plane and elsewhere. is that where rocket man came from? elton john?

>> well, as you know the president is the greatest brand her of anybody. so we listened to a lot of elton john. rocket man. the only time we took a break from fox is if we wanted to to listen elton john on the plan plane. steve: or kentucky fried chicken. >> well, it's really what happened behind the scenes. everyone thought we would sit down at the fancy steakhouses and have fancy meals, the president is so focused on getting things done, it's about fast food and keep going. steve: one of the reasons that he won is because of his work ethic. he worked heard, he outworked hillary clinton at every turn. he never stopped. and that's why we did fast food. those are the food groups. mcdonald's, kentucky fried chicken, and pays a. >> i knew we would live in the primary in wisconsin, and i took about a 13 minute nap. >> i had walking pneumonia.

>> i had walking pneumonia, and he turned back and looked at me and said cory, if you can't make it, we'll get somebody else. i've been working 20 hours a day for two years. brian: opposition research done in the republican party. but he went to kasich, and he goes, oh, yeah, your economy is going good because -- >> you destroyed the economy because of lehman brothers. this was all candidate trump. we never spent a dime on opposition research. i need a one-liner or two liner because he knows how the american people are. that's what we put in the book. steve: went away and brought in paul manafort, and he took over. did then candidate trump knew that manafort had a background? >> what we knew is that paul's job was to wrangle the delegates, and he's literally the last guy involved in the contested election of 1964.

so nobody else had been involved in this. and what we found out is that this was a person who wanted to change candidate trump and what our motto of the campaign was because he was the most successful guy we had seen in a long time. real estate, books, television, let trump be trump because that's what wins. ainsley: let's talk about the news. yesterday the fbi -- the president was getting on the plane to utah and he said it's a double standard, what you're doing to general flynn because hillary lied countless times, and she got off ask the scot-free. >> well, now we're threatening fbi agent changed the report on hillary clinton. >> it's an amazing story and the president is exactly right. look, the ranken file of the fbi, they're the best of the best. but the president understands it. the leadership has had a problem whether it was james comey or others, and i just think he's exactly right to point out their flaws so that we can clean it up for the future. hillary clinton did lie. and for her to be able to have

a double standard where mike flynn is held to one standard and she to another is unfair to mike flynn. but it's unfair to the country because justice is not done to hillary. brian: cory, i know you want to let trump be trump. that's the name of the book. however, tray gowdy, who is hardly an enemy and senator lindsey graham they have been a supporter, they are legal minds and they say when it comes to this case, the president has to stop tweeting. does the president recognize the peril of the tweeting as opposed to the marketing? >> i think the president fully understands the impacts of his tweets and how many 45 million people watch every tweet that he puts out every day. brian: but legally, getting himself into trouble. >> i'm not an attorney, let me just say that. but his attorney said he cannot obstruct justice. he cannot do that. now, does he have the right to ask if fairness has been applied between what happened with hillary clinton and mike flynn? absolutely he does. and that's part of his job and part of his responsibility. and if there is a deep state

out there, which is preventing truth and justice from taking place, that needs to be exposed. steve: well, i tell you what. there was one tweet last week that got him in trouble, but it turns out it was written by his lawyer. one iowa couple of big wins, the travel ban, that was the one with the supreme court yesterday and taxes. now, full steam ahead in the congress. instantaneous pelosi said if your plan goes through -- hold on. watch this sound byte. it's going to be bad. watch. >> this is the end -- this debate on health care is like death. this is armageddon. steve: she says it's armageddon. larry summers in an op-ed said tens of thousands of people would die. brian: would cause thousands to die. steve: so for the thousands watching right now, why is this plan a good plan? >> the tax plan, it's simple. if you're a small business owner, and you're paying 35% tax, and you're going to get a reduction to 25%, you know what that means? it means you can make capital

investments, you can hire more people and take care of people for a change. it means the economy is growing at 3.3% and not 1.2%. $5.8trillion in stock market value has been generated. lowest unemployment in 30 years. this is what president trump has forced on the american people. brian: so he's not going to kill thousands of people and armageddon? >> this is outrageous. look, they play fear politics. they always do. that's all they have. the democrats are bankrupt of any ideas for the american people to move america forward. this president with his agenda is leading the way to make america great again. and, look, what cory was just saying. 3.3% growth on his sheer will and the force of his pen. nothing else. now, this economy is ready to go and with this tax cut plan, it's outrageous is all they can do is fear monger. steve: it's not job -- armageddon, it's job mageddon, the way you describe it. the new book is called let trump be trump.

has the president tweeted about this? >> we did have the privilege of giving the president a copy, so he hope he likes it. brian: what did he say when he saw it? >> i think he liked the picture on the front. that's the picture from the christmas card; right? ainsley: it's a great book. lots of good stories behind the scenes. so you'll want to read it. steve: good job. meanwhile, straight ahead, should president trump make a deal with the democrats on dreamers? judge alex is the son of immigrants. we're going to ask to him straight ahead. ainsley: and todd piro is having breakfast with friends in greenville, south carolina. what do they think about tax reform? that's next let's get the big guy in place. the ford year end sales event is here. i can guide you in. no, thanks , santa. i got this.

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. steve: what an assignment. we send him out to eat. let's go to the stacks omega diner, ainsley says it is a legendary spot in greenville, south carolina where we're going to let todd be todd. >> yeah. this is really a legendary as to the spot. there's no joke about that. and this is ainsley's home state. they love her here. we love her there. ainsley's awesome. let's start with joe, he's a trump voter who is also a cpa. so of course we're going to talk to him about taxes. joe, you like a lot of the tax plan. why? >> i like the tax simplification. i love the fact that they've doubled the standard deduction, crossing my fingers hoping they get rid of the amt. i think it's good for the economy and especially the small business. i think that's fantastic. . >> now, while you like the simplification, you don't necessarily like that postcard idea. why? >> no. if you simplify it too much, you're going to hurt small businesses. you've got too many different

industries, too many different parts of the country that different things affect individual industries. >> lastly, what do you think about nancy pelosi's armageddon comment? >> no respect for the woman. >> understood. let's go to bernie. bean is a contractor, also a trump supporter. you're up on the air in tax reform. why? >> well, i've heard a lot of different opinions on the republican side. i do appreciate it's going to help small business. i own one. we machine wood doors for cabinets, and so we can use some help there, you know? we can use some -- write-offs, those kinds of things. but when pelosi and others make comments that are very detrimental to the cause, i don't feel like they're serving the country. i feel like we really need the politicians in washington to try to help us instead of argue with each other all day. that would be really good. >> in the 15 seconds we have remaining, you say you think there are people dedicated to

the destruction of president trump. why do you say that? >> well, i think there are people very dedicated to the first woman president hillary and when they didn't get it, they didn't deal with reality very well. they're not accepting the fact that she lost, he won, and that's why we have the electoral college is to even the score across the country so that new york and california don't run the whole country. but people don't seem to accept that for some reason, and it's unfortunate. >> bernie and joe, thank you very much. we're going to toss it back to new york city steve, ainsley, and brian. steve: great interview. thank you, todd. ainsley: tell them we love them too. steve: coming up on this tuesday, a deadly wildfire exploding overnight. this is the fox news alert, and these are live pictures out of southern california. tens of thousands of acres already burned. the breaking details coming up. not much contained so far. brian: and should and will president trump make a deal with the democrats on dreamers to prevent a government shut down? i'm talking about nancy and

chuck. chuck and nancy. ainsley: and daca. tada!

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brian: seven minutes before the top of the hour. an illegal deported five times and cleared in the murder of kate steinle. but all right. be a turning point in the sanctuary cities point? here to weigh in, judge alex is here. judge, your reaction to this verdict for a guy in the legal profession, not acting emotionally, someone said they understand it. they weren't able to bring up his legal status. >> i understand part of it. i don't think the legal status or illegal status that has anything to deal with it.

that was completely irrelevant. you don't try them on whether they were here legally or illegally. you judge them on whether or not they fired the gun. once i heard there was a ricochet, i thought murder and second-degree murder went out the window because there's a ready of whether he was aiming at her. and typically if somebody points a gun at you and pulls the trigger, the law says they intend the natural consequence of that. if they hit concrete, and it ricochets -- brian: what about a bunch of different stores, which he did, and then you have inventor involuntary manslaughter, which is the natural verdict. >> i didn't watch the trial, so i can't tell you why the jury ditched the involuntary manslaughter. but, you know, i can see why they may have decided against the murder of second-degree murder. brian: so we have to decide whether we're going to fund the government or wait two

weeks and the president likes to negotiate. so chuck and nancy are coming with a deal. evidently they're going to come in and say these 800,000 daca kids some adults, are going to fund some type of border security and build the wall. is that a deal you would sign off on if you're president trump? >> well, i think he would, absolutely. i would be surprised if the democrats give in on the wall to get daca. brian: even for that. >> even for that. i would be surprised if they do. but maybe they want it bad enough. it depends on your position on this. it's a popular item, daca is, or at least the stupid protest that they did with pelosi. most americans were in support of helping these children out. so president trump would be giving something that most of the americans support anyway to get something earlier wants, the wall. so if he can make that trade, i think it's a very intelligent trade. i just don't trust that the democrats are going to give in on the wall. brian: i talked to other immigrants that kind of have

the green card process, wait their eight years, apply, and give their money. they're not too sympathetic to daca. children by their adults. >> that i get. listen, i'm a legal immigrant. i came from cuba as a child. i understand that you're really hurting people who wait in line. however, i met children like this. i gave a speech and a little girl came up to me, and she was, like, 12 and said do you think maybe some day i would be a lawyer? and i said you would probably be here legally some day, and her eyes teared up and said i don't think so. and this little girl doesn't know any country but this country. she grew up with all of her friends who live here to take her, rip her out, and send her home when she didn't make the decision, it tears at your heart. brian: i don't think anybody -- very few people want to send them home. >> i agree. that's why i don't think it's it's a bad tray off. brian: always great to see you. meanwhile, two big wins for president trump. first, the supreme court

giving light to the travel ban and the president also shrinking to national monuments. jason chaffetz home district really by this. he pushed for it in congress, he's not only smiling in that picture but smiling in real life . . so we give farmers like win more plants. to grow more delicious coffee. which helps provide for win's family. all, for a smoother tasting cup of coffee. green mountain coffee roasters.

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nexium 24hr is the number one choice of doctors and pharmacists for their own frequent heartburn. and all day all night protection. when it comes to frequent heartburn, trust nexium 24hr. brian: the third time seems to be the charm. >> the supreme court is giving the administration a thumbs-up to fully enforce the latest version of its ban on travel. >> he had to go to court to get a temporary stay. what an insane situation. >> this fbi aid in the mueller investigation, he was actually fired. not before they discovered some things about him. >> he oversaw and participated in the questioning of general michael flynn. >> i have never met a fbi agent that didn't have a political opinion. but it can't be on the front bunker as you make decisions. trump: we're now one step closer to delivering to the american people the historical tax relief. >> this is armageddon.

>> president trump in utah where he's promising to shrink the size of public monuments. >> before public use. >> make america great again was the first time i ever heard the line, and that was the beginning of donald trump. >> nobody won this campaign but donald trump, and we helped, but it was all him. ♪ ♪ steve: second day in a row we have started the 8:00 hour with some bruno mars. ainsley: great performer. steve: in the jukebox. brian: right. we do have a jukebox still; right? i would say this about bruno mars. former back up singer to michael jackson; right? ainsley: was he? brian: where he must have learned a lot about moves and singing. ainsley: that makes sense. steve: he's quite an entertainer. thank you for joining us here on the big news channel

today. and we have a lot to talk about. first of all, we were talking for months in all sorts of television stations about what happened before the election. did the russians clued with the trumps? and that spawned this russian investigation. now we're learning that one of the crucial fbi agents, a fella by the named of peter, he was involved intimately in the case, and it turns out that it does look that he was bias against the president and for hillary clinton. ainsley: he was caught sending antitrump text messages to his girlfriend who he was allegedly having an affair with. so that made a lot of people question whether or not this investigation, if we can trust the fbi now. because if he's so antitrump, and he's interviewing general flynn, what's going on behind the scenes there? brian: by the way, in some companies when you have an affair, you go to human resources and the fbi, i guess, you work there. so they switched him from the field to human resources now

in response to that's right. instead of firing him. brian: and dental plans. ainsley: remember the summer when james comey had that press conference? he changed the language from grossly negligent talking about what hillary clinton did with her e-mail server to extremely careless because it sounds a little bit better than grossly negligent. and an article that i was reading today said grossly negligent is criminal. brian: he was in charge of combing through the 35,000 e-mails found on anthony weeper's laptop. also in charge of questioning might be able flynn a few days after they finally took office. he had the interaccept showing that michael flynn was talking to ambassador kislack of russia and then finally to make it simple, we don't have the actual dialogue. so that you speak to ambassador kislack, what did you speak about? that what seems to me to be a setup of mike flynn who should have been candid. but what's he up to? was he that aggressive when it came to questioning questioning hillary clinton in

light of his political slant? he was the number two counterintelligence official. have you gone to the number three guy after a while? and do you really thank mueller found out about this and the next day got rid of him? because he seemed to be holding onto him for quite a long time while still pushing back, they asked to see him in front, they found another excuse. ainsley: well, when i first heard about this story, general flynn lied to the fbi. that's a crime. you're not allowed to do that. but yesterday when i was listening to the press conference of the president getting on the plane, he said hillary did the same thing. hillary lied over and over and over again, and we had all seen those examples over the last year, and she got off free, so there seems to be a double standard. steve: indeed and, in fact, this particular guy is the guy who signed the document who started the russia probe. and it's because the inspector general revealed it a couple of days ago. chuck grassley inspected the document that mr. comey was

going to present where he said that hillary clinton had been extremely careless but originally it had said grossly negligent. go back and find out who edit that. >> it was this guy. cory lewandowski says there's something going on deep within the fbi. watch this. >> his attorneys have said he cannot obstruct. now, does he have the right to ask if fairness has been applied between hillary clinton and mike flynn? absolutely he does. and that's part of his job and his responsibility. and if there is a deep trade out there that is preventing truth and justice from taking place, it needs to be exposed. steve: okay. and the inspector general of the department of justice has launched an investigation into it, and it looks like it will be done early next year, which means a month or two. brian: lead editorial on the wall street journal has a huge problem with the mueller probe and foxnews.com at least what we started now looking at

deutsche banc between transactions between trump and the bank. really? now you're looking at obstruction of justice with your buddy james comey now we're going back to see how he funded his 1985 trump palace in the atlantic city. that's where this is going. ainsley: it's so confusing because every day there's something else revealed. let's move on to something else. the supreme court gives the go-ahead yesterday to president trump's travel ban that remember, tied up in all of these courts, you had all of these liberal judges who were going to say, no, we're not going to allow this to happen. you can't do this. and now the supreme court has agreed, the majority of the justices have agreed to allow the travel ban to happen until it actually moves through the lower courts. steve: the ninth and the seventh -- rather, fourth circuits are trying to decide it and then ultimately it could wind up in the supreme court. judge napolitano says the fact that the supreme court by a

7-2 margin gave this to donald trump. it's a big win for potus. >> here's why he should be overjoyed. all of those lower court decisions that said it was animated by racial bias, they're all history. they're all just footnotes now. this was not the final word on it. the supreme court still has to issue an opinion with finality. 7-2. we have an indication which way it's going to go. brian: so that has to make the president feel good. meanwhile, seven minutes after the hour. the other thing we're talking about is the president's tax plan. yesterday, the house names when they go to meet with the senate to find one tax reform plan that is going to go through, meanwhile, nancy pelosi has seen enough. doesn't need to see the final product. i believe -- now, you guys stop me if i'm wrong here. i think she's against it. doesn't think it's going to be good or is? steve: i've got to watch this. >> this -- the debate on health care is like death. this is armageddon.

steve: okay. brian: saying it again. steve: she didn't like it. stuart varney does like the plan, bends why the democrats don't. >> they see the writing on the wall. next year we're likely to be going with not a booming economy but a very, very strong economy. prosperity has returned. lowest unemployment rate in what? 15, 16, 17 years. if that's the backdrop to the elections, the democrats don't want that because the republicans will do well. brian: wow. so he believes they're actually rooting against the country. that is crazy. ainsley: are you surprised by that? they're rooting against everything this president does. brian: i would love to see the president without this probe, so can we get to the bottom of it and find out what's going to happen so that we can get back to running the country? steve: absolutely. i think a lot of people are for that. if there's something there will it, let's see it.

although, if there's something there, we would have heard about it by now. brian: so now we're looking at the transition period. let's see how that goes. and then look at the first few months of the administration. it's going to be nonstop. steve: just like the news is here on the news channel and jillian has headlines nonstop. >> good morning. we're following this breaking news out of california right now. let's start with the fox news alert. the raging and deadly wildfire in california is growing by the second. winds spreading the flames as emergency crews going door-to-door trying to get tens of thousands of people to safety. there are reports of people trapped inside their burning homes. as the fire approaches city of ventura home to 100,000. the fire consuming 31,000 acres so far destroying 150 buildings. it is 0% contained. 500 firefighters are working to put it out. one of them is hurt. at least one person has been killed in a car crash blamed on the fire. a texas police officer shot and killed, ambushed while executing an arrest warrant.

the suspect began firing as soon as officer kenneth and other officers with the san marcos police department arrived. >> today was a day off. he worked just about every day off to provide for his kids and because he knows that we're short-handed. we need the help. >> the suspect who hasn't been named yet surrounded after a standoff with police. he was also shot. copeland leaves behind a wife and four kids. well, it appears democratic congressman john conyers will call it quits in congress after seven accusations of sexual misconduct surfaces. a family member tells new york times that conyers will not be seeking reelection for his detroit house mission. expected to make the announcement on a radio show this morning. the latest accusation from a former staffer who claims he touched her inappropriately in church.

pittsburgh steelers linebacker couldn't feel his legs after this hit. >> the leader of this pittsburgh defense is not getting up. >> carted off the field and taken to the hospital with a spinal contusion. the steelers rallying. but you see stuff like that, and that is so frightening. so scary. brian: right? and he seemed to be tackling the right way. they say with the head up. ainsley: you see him moving his arms. but if you put immediately in ice, a lot of guys can come back from that. ainsley: he had four kids, his boss said he was shot, the police officer, because it was his day off. he always worked his day off short staffed and four kids. somebody needs to start a gofundme page. we looked. there wasn't one this morning but maybe there will be. maybe the department will

start one. steve: a lot of news this morning. thank you very much. brian: meanwhile, 11 minutes now after the hour. in the wake of the kate steinle verdict, our next guest wants to jail officials who shelter illegal immigrants. i'm talking about indiana congressman todd, he would be joining us live. we've been talking about what he has proposed all day long. ainsley: and facebook just rolled out a messenger app for children. how young is too young for social media? your e-mails are pouring in on this one the best simple salad ever? heart-healthy california walnuts. the best simple veggie dish ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts.

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ask your doctor about victoza®. steve: in the wake of a shocking not guilty verdict in the kate steinle trial, one republican lawmaker fighting back against sanctuary cities with a provocative new bill. brian: it's called the slap act and it's one of the most aggressive sanctuary city bills to date that puts lawmakers up to five years in jail with fines. joining us right now with that bill. indiana congressman. congressman, thank you so much

for joining us. tell us about the slap act. how is it supposed to be implemented? . >> well, i tell you what. these sanctuary cities need to end. they harbor illegal criminals and if these politicians don't obey federal law, if they're going to act like criminals themselves, then we ought to lock them up. steve: so, congressman, if you look at the kate steinle case where this guy had been -- he had seven felonies, he was deported five times, he had an ice waver out for him and yet the san francisco sheriff released him two months before he killed kate steinle. who would you wind up suing in that case? >> well, it's a matter of criminal charges and under the slap act if you fail to abide by a federal custody order, that's a violation of federal law, and you can be -- it's a felon. steve: would you going after the mayor of san francisco or the sheriff of san francisco?

>> well, any elected official who would be liable. so who didn't, who ignored the federal order. i mean, that's what we're going after. and it's a felony. five years imprisonment, up to $1 million in fines. if they're going to act like criminals themselves and put these illegal criminals above the safety of their own citizens, then we ought to lock them up. brian: the thing is no one's following the law. so the sanctuary cities are illegal, number one. you should not let people stay here illegally. so the new attorney general says if you guys don't start implementing immigration laws, i'm going to stop giving you federal funds and the judges stood up and said in many cases, hey, you know what? you can't do that, attorney general sessions. so therefore, you have to step up with the slap act. what kind of support have you gotten? >> well, we've gotten some great support. this bill was just dropped friday. i expect to get great support this week in congress. we need cosponsors. in fact, just walking over

here scott perry my good friend from pennsylvania said he would support it. so as members are learning about it, it's picking up steam. and just like everything. if your viewers could call in and say that they support this, this is what president trump needs and attorney general sessions needs to enforce the law, that would be great. hr4526. steve: hr4526. that's house resolution. what about over in the senate? because if you guys pass it, it's going to go to the senate. do you have any support there yet? >> well, i hope to get a companion bill. we're starting to talk with senators about that right now. what's not getting done over in the senate. we really need to change that. we saw the power of a senate vote in a very terrible way, and we continue to see how hard it is to get things done. we can change those things. brian: by the way, senator was one of the people who told. is he a moderate? >> he votes with bernie sanders 80% of the time.

okay? steve: enough said. brian: so that -- you think that represents the people of indiana? >> absolutely not, you know? and that's why he's got to go. joe must go, and we're going to get the job done. steve: all right. we've got to go too. congressman, republican from indiana. thank you very much. brian: and he exclusively explained that to us. he waited for us. steve: we love that. and, meanwhile, it was one of the most prestigious honors in the world. but says he's silent because he's a conservative. he's going to join ainsley live next. brian: and jessie ventura failed governor isn't done slamming american sniper chris kyle. wait until you hear what he says now. let's get the big guy in place. the ford year end sales event is here. i can guide you in. no, thanks , santa. i got this. santa: uh, it looks a little tight.

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steve: all right. it's 8:23 right now here in new york city. time for some news by the numbers. first, $50,000, the fbi now doubling this reward in hopes of solving the mysterious death of a border patrol agent. died last month after he and his partner suffered severe head injuries and broken bones near the mexican border. officials say the agents may have been attacked but have not yet ruled out an accident. next, 4,170. that's how many illegal guns the fbi wants off the streets following a background check system review. the agency wants to take them away from the bad people and those with mental health issues. it's the largest gun retrieval request in ten years. and finally, over 200. that's how many items are now

zero points on weight watchers new smart watchers system. you can now eat eggs, yogurt, beans guilt free. zero points. all part of the company's new freestyle program. ainsley. ainsley: thank you so much, steve. well, we all know the road scholarship as one of the most prestigious scholarships in the world. so why is now accusing it of having a leftist tolerance? advocating for free speech and different points of view among scholars says that he was banned for a discussion forum and his group was not allowed to advertise as a rhodes scholar group. joining us spokesman daniel, he won a roads scholarship back in 2002. good morning to you, daniel. >> good morning. thank you for having me. ainsley: i know you're an immigrant, you live in germany now.

100 are chosen from around the world. so congratulations on being accepted. it speaks highly. that's amazing. you're so smart to get one of these awards. what was your experience like when you were a rhodes scholar studying at oxford? >> it was a fantastic experience. oxford is one of the best universities in the world, and it was great to be selected. ainsley: so you started this group rhodes scholarship for intellectual diversity. why did you start this group? >> we started it because basically a group of us from center left from center right quite diverse views were concerned about two things. number one, the tremendous attack on free speech in the academy and at the rhodes trust. and the political bias that we see when rhodes scholars are selected. ainsley: what kind of bias are you talking about? >> so, basically, equally or better-qualified candidates with centrist or right of center views or even just mainstream liberals have a

worse chance of being selected than far out leftist with quite extreme political views. ainsley: what makes you think that? >> well, there's -- i don't have enough time to go through all of it but one example was the u.s. secretary person in charge of selecting the combed members that pick the rhodes scholars wrote an article which he denies first amendment free association rights to applicants for the rhodes scholarships. that's quite an extreme point of view from the person that makes the decisions in the end. right now in the u.s. among rhodes scholars that are in the elected office, they are ten democrats and only one republican. so that's quite an extreme bias. ainsley: i would say so. so you wrote to the trustees, and what was their response? >> pretty much ignorance. they don't really respond much. they got one reply a couple of months back where they basically denied basically the

ceo denied there was any bias that how we could even suggest there was any bias. ainsley: let me read what they're telling us. his claims were untrue. dan was suspended from a global rhodes scholar discussion forum because of personal attacks on others. not because of his ideas. and our program for rhodes scholars, we encourage them to question and think actively about all forums of ideology both on the left and on the right, and we encourage them to be dynamic and independent thinkers. your reaction. >> well, i mean, rhodes scholars is a bit smarter than saying outright that they don't like conservative views and that they don't want to select conservative scholars. but the fact of the matter is that i was called by others a basically a perpetrator of the holocaust. my family must have been involved in the perpetration of the holocaust because of the views, basically mainstream political views with a positive outlook on western civilization. and those folks were not band. so the smearing is much more

extreme when it comes from the left, and that's all fine. another example would be rhodes house, the website rhodes house when an article calling for hillary clinton to be elected president during the u.s. election with no opposing viewpoint being presented, so the bias is quite obvious. ainsley: are you going to try to go back to the forum and advertise? or they ban you in the past. >> well, they didn't just ban me from the forum, they banned me from the entire network. so i can't even send private messages to any rhodes scholars. so clearly, it's a efficient stepping out of the party line that's being preferred there. but, yeah, once the suspension is over, hopefully we can continue the work. ainsley: if you were thinking more on the left, what do you think the reaction would be? >> well, we wouldn't have had any discussions, you know? i think that's the preferred mode that everyone think so the same, and it's a kumbaya society where everyone agrees what the world's fight should

be, you know? it doesn't have to be in the discussion. it's all quite obvious. and once you bring a different viewpoint into it, then obviously, you have discussion, you have argument. that's the basis of our society. and for the trust to now deny that and wanting to create this monoculture that's not in accordance to the will that wanted the scholars to fight the world's fight and fight the good fight, but you have to -- what's the good fight? how do you find that out without discussing it? ainsley: daniel, thank you for sharing your views with us this morning. >> thank you. ainsley: there's a deadly wildfire that has erupted. our crew just arrived in one city where dozens of homes have already been burned down. look at that. this is live video. we're going to be talking to one of our reporters next. could you imagine? and outdoor clothing company patagonia threatening to sue the president for shrinking two monuments threatening the president stole our land.

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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. steve: we are back with a fox news alert and the wildfires are raging out of control live right now in california massive flames forcing tens of thousands of people from their home. brian: the fire exploding overnight and consuming 31,000 acres so far and expected to get even bigger. ainsley: i cannot imagine that. i mean, these are houses. one of our producers jonathan. jonathan hunt is live there at the city of ventura. one of our producers, lauren in my ear saying we had to evacuate at school several times and she remembers doing that as a kid because the fires are so prevalent out there. >> yeah. and happening to thousands upon thousands of people right now in the city of ventura, which is a city of about 100,000 people about

60 miles north and west of l.a. we're standing right now using some iphone technology, so if it gives us any difficulties here. but we're standing right in front of one of the structures. you can see what remains of the flames and what remains of the home here. and if you look at the center at the top of the screen, you can see the power lines there that is still sparking now. these are all kinds of problems the firefighters are having to deal with. one of the major issues right now is we are getting winds blowing through here. a firefighter told me a short time ago that they're gusting really strongly, and that is one of the greatest dangers for the firefighters right now. already, we have had some 150 homes and other buildings destroyed by this fire, which started last night and has just been burning, basically, out of control throughout the night. firefighters are doing everything they can to save every home they can. but it is simply not been

possible because this fire is moving so fast and so fiercely. so you lack at homes like this, and this is the scene being repeated across ventura and the nearby city of santa paula over the last few hours. so far something like 7,700 people have been evacuated from their homes. firefighters are saying people here are heeding those evacuation orders because they see these flames racing down toward their homes, and they know that they have to get out. steve, brian, alicia. steve: that's right. when they tell you you have to go, you have to go. jonathan hunt of ventura, california, thank you very much. brian: let's now 24 minutes before the top of the hour. fox news contributor former utah gop congressman and chairman of the house oversight reform committee as we switch gears. chairman, back in your backyard yesterday was the president. senator orri orrin hatch with

him. what did the president do in your own eyes? >> well, over two-thirds of utah is owned by the federal government so when president clinton and president obama changed the anchors to a monument, it restricted cattlement and recreational fishing and donald trump took a bold move of which we're thrilled about and reversed it. it still has federal land, but those of us can go and use it. ainsley: why is patagonia up in arms about this? >> because some of you environmental that don't want to walk and go anywhere. if you ask someone and say we can't go anywhere, yeah, that's great. the problem is you can't even ride a bike on it. so for them to just unilaterally do this, when it happened originally, president obama was in hawaii. he sent out a press release and put out the wrong picture of this place, and they had locked up 1.35 million acres

of land right here in utah. steve: through. and, of course, the local officials in utah. state and local officials said we didn't know this was going to happen. we didn't want it to happen and yesterday the president of the united states reversed that. mr. chafitz, we also wanted to ask you about this because when you headed up the house oversight committee, you were interested into looking at any wrongdoing in the government. in particular, the fbi. we want to play a sound byte for the folks right now. this is you asking james comey, then the fbi director in the summer of 2016 whether or not hillary clinton had lied. here's the exchange, and then we'll get the back story. >> did hillary clinton lie? >> we have no basis to conclude she lied to the fbi. >> did hillary clinton lie under oath. >> not in the fbi. not in the case we're working. >> did you review the documents where congressman jim jordan asked her specifically, and she said quote there was nothing marked

classified on my e-mails either sent or received, end quote. >> i don't remember viewing that particular testimony but where that being said, though. >> did the investigate investigate her statements under oath on this topic. >> not to my knowledge. i don't think there's been a preferential congress. >> do you need a referral from congress. >> sure do. >> you'll have one. you'll have one in the next few hours. steve: as it turns out, congressman, it looks like peter strock, who had been one of the top fbi officials on the clinton case also on the russia case, he has been dismissed from the russia case because it turns out he doesn't like president trump. >> well, look, they did not need a referral. here you have hillary clinton not at a campaign setting where she was prone to lie but under oath where i do believe she did lie. the fbi did need that but nevertheless in july of 2016, we gave such a referral. the problem is still to this day, the department of justice never responded to that. you have the case of brian pa

, the it person, we suspended his attendants, still didn't show up. and they wouldn't go after hillary clinton for lying under oath. such a double standard. brian: you see a double standard. now, do you see mueller acting swiftly when it was found out that struck had an agenda? or do you see him just being forced to act because the constant pressure from the house intelligence committee? >> for months, devon nouns, the chairman of the house intelligence committee, tray gowdy, and others in the intel committee have wanted to talk to this person, see the communication, and follow the paper trail. but it's only until the public revelations that the department of justice has said, oh, okay. we'll go ahead and make them available. but they also have not been able to produce the documents. and that deep state within the department of justice is one of the most negative things going on in our world today,

and they have got to produce the documents and allow the professionals like tray gowdy and devon nunez to question this person. ainsley: congressman, can we trust the fbi to investigate fairly? >> look, the overwhelming majority of people that work at the fbi that i know, they're good hard-working patriotic people. but the management when you look at mr. comey and when you look at the department of justice and the people who have nefarious intent, and they have a political bias that they wear on their shirt sleeve, that's why you provide oversight from the congress. and when they won't give you the documents, and they won't make people available, it's the flashing red lights that there's something really nefarious going on. steve: sure. and when you start to look at all of the things over the last year and a half or so, this one guy's name keeps popping up. he was involved in the e-mail server case. he was -- he's the guy who signed the documents that started the russia case. turns out he was corresponding with his girlfriend at the

fbi, and he was a trump hater and loved hillary. and you put it all together, and we don't know that it -- he's a bias guy. but it sure looks like it. >> well, and you wonder if he's doing these types of things, what sort of documentation was in place that then cascaded into all types of other investigation or justification to maybe eavesdrop on team trump. and that's why the intel committee has got to look at it. and i have to tell you, you know, devon nunez is pretty upset about this. he's been waiting patiently for months, but they should have to wait no more. brian: so they want to get mccabe. the director of the fbi. mcbabe says he has a conflict. i'm wondering when you see the justice department has to be drained, what about the people appointed by the president like deputy attorney general rod rosenstein. this guy also did delay of game. where is his loyalty because he has some dicey connections,

don't you think? >> well, look, i've got to tell you. you know, donald trump has been complaining about this, best unconstitutional-elected official who is in charge of the department of justice. so when i have like brian who doesn't show up in a subpoena, decides not to show, and then they decide not to prosecute him, i'm wondering what's the difference between the obama administration and the trump administration. brian: agreed. >> they have over 100,000 people and 10,000 attorneys. it's hard to weed it out. but there are a lot of good, patriotic people who don't wear their political affiliation on their sleeve. elevate those people. that's what they've got to do. steve: it's a head scratcher. all right. ainsley: congressman, thank you for being with us. we're going to go to south carolina because todd piro is having breakfast with friends in greenville. so what do they think about tax reform? we're going to ask them next. steve: and remember when brian and i got our haircut? well, that company is owned by a veteran, and you can help

our heroes just by getting a trim. find out coming up

our recent online sales success seems a little... strange?nk na. ever since we switched to fedex ground business has been great. they're affordable and fast... maybe "too affordable and fast." what if... "people" aren't buying these books online, but "they" are buying them to protect their secrets?!?!

hi bill. if that is your real name. it's william actually. hmph! affordable, fast fedex ground. >> welcome back. back with some headlines. former governor slamming american sniper chris kyle yet again. the exwrestler settling with a navy seal estate over a five-year legal battle with defamation. all stems from claims kyle made in his book american sniper and interviews shortly after that the two were in a bar fight. and says it never happens. >> i offered the american liar chris kyle the opportunity to show honor and courage, and he didn't have it. >> kyle was murdered in 2013. it's unclear how much money ventura got in the settlement. but now he says he's considering another political run. so stay tuned.

how young is too young to be on social media? facebook is sparking that debate after designing a messaging app just for kids under 13. allows children to interact with the tech giant called a controlled environment. if children want to be friends on the app, their parents must approve. steve: all right. jillian, thank you very much. ainsley: todd piro is having breakfast with our friends. down in greenville, south carolina. did you do a book tour there? >> no. i haven't. ainsley: you need to because they love fox. stacks omega, which is a very popular diner. >> you're right. everybody loves the stacks omega and everybody is going to love this couple i have now. don and brian. semi retired trump voters, but would say her most important job is grandma. you say tax reform is so needed. why do you say that? >> it is so needed for the future for all of us today and for our grandchildren and so

that they have a better opportunity. like to be involved not just today but what's coming up to make more jobs available. that goes out into the world. we want them to be able to have the employment that they've been educated for and the opportunity that have been part of their dream for their life. >> i want to go over to your husband now quickly. you're an immigrant. and you say immigration needs to be done a certain way, and you're a fan of the travel ban. why? >> you can't have open borders. it's just not a way to have a country. you have no country if you have open borders. i just think that if we

actually abide by the existing laws that we have on the books that that would be the really, the way to go. it really is. i mean, it's not a change of everything. it's just a matter of let's abide by the law we have and not look the other way. >> brian, thank you for your time. and finally, i just want to say this. this amazing couple has been married 59 years. you want to know what the secret is to their success? pillow fights. back to you in new york. not a joke. steve: pillow fights. brian: my pillow fights? ainsley: i bought you my pillows the other night. thank you so much, todd. steve: who knew. ainsley: congratulations to them. that's amazing. a long time. brian: must have been married at 15. steve: the things you pick up at a diner. ainsley: i know. coming up next this company is helping our heroes by giving people haircuts. find out how you can help too. that's next. steve: but first, let's check in with bill hemmer what happens what happens on the travel in nine minutes. >> the hurdle now on taxes, we are tracking that as well.

what is the white house defense on the flynn matter? does the fbi have a credibility issue? allen dershowitz here with answers on this. and kellyanne conway reacts to everything today. sandra and i will see you shortly top of the hour here on america's newsroom. see you then what is this? when we love someone, we want to do right by them. but some things we can't control like snoring. (snoring) introducing theravent anti-snore strips. clinically shown to reduce snoring. theravent. the answer is right under your nose. clinically shown to reduce snoring. eight hundred dollars when wet switched our auto and home insurance. with liberty, we could afford a real babysitter instead of your brother. hey. oh. that's my robe. is it? you could save seven hundred eighty two dollars when liberty stands with you.

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steve: all week we're celebrating veteran identify owned businesses. ainsley: that's right. today we are highlighting sports clips. a sports-themed hair care franchise for men. it was founded by an air force veteran with a commitment to giving back to our veterans. brian: right. intolerable there is the referee and here with us now is u.s. air force veteran and founder of sports clips himself. he's back. a round of applause. how did you get this idea, sports clips? >> well, i've been in the salon business for about 40

years. and 25 years ago my wife and i no one was paying attention to the men's market, so we realized it was an opportunity. brian: put on some flat screens. >> oh, big screens. lots of tvs. steve: why do you wear a hat? >> well, you know, over the years my haircut is not what it used to be. steve: now, this guy is getting a haircut. how could this guy help our heroes? >> well, one of the ways is to raise scholarship for veterans, and we raised $4 million over the years, awarded almost 1,000 scholarships. we just finished a major fund raising drive and raised 1.25 million this year. ainsley: that's amazing. brian: awesome. >> and in december, we have a product feature, american crew product we sell, a dollar of our sale goes to the veterans. brian: wow. fantastic. and you have a check here that's going to go to the veterans. am i right? >> we do. we're going to be presenting this at the vfw headquarters

next week in kansas city. steve: look at that. ainsley: oh, my goodness. that's a lot of money, gordon. how much is it? >> a $1,250,000. i would like to thank all of our team members to help raise this funds, and this is a record for us. last year a million. this year, it has gone up. ainsley: and you were in the air force too; right? brian: yes. ainsley: and thank you to our haircut person. thanks for volunteering. if you're watching, and you need a haircut, go here. go to sports clips because you're supporting our veterans. brian: even if you don't need a haircut. just go. >> a lot of inexpensive gifts under $15.

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>> at your house? >> ainsley live.com and submit questions. i'll also call someone live. go to ainsley live.com. >> bill: good morning, everybody. breaking from overnight the big victory for the trump team on the travel ban at the supreme court. allowing to version to go into effect temporary. the battle could be far from over. now a 7-2 decision. bill hemmer live inside of "america's newsroom." how are you doing? >> sandra: i'm doing all right, bill. good morning. i'm sandra smith. seven of the nine justice is agreed to allow the trump administration to enforce the travel ban. the white house praising the decision saying the proclamation is lawful and essential to protecting our homeland. we look forward to presenting a fuller defense of the proclamation. the trump administration argued that blocking the full ban that