keep your responses coming. they've been overwhelming. we are going to stay on this. we want that park named after kate steinle. it's the least we can do. that's all the time we have tonight. shannon bream is up next, and i hope she has her shoes on. >> shannon: i currently do. we're going to have more on the kate steinle case. tonight there was breaking news. we're going to update folks on that. an important one. here's what's coming up tonight. tonight, after days of defiance, even as top democrats call for his resignation, john conyers announces an early retirement. could passed ethics charges cloud conyers seat? >> it's hard to believe the government is forcing you to choose between providing for my family and my employees and violating my relationship with

god. >> laura: >> shannon: justice k. a christian baker who refused to do a custom wedding cake, hasn't gotten the tolerance he deserves. we will talk to his attorney. hello and welcome to "fox news @ night." i am shannon bream in washington. president trump is set to fulfill a major campaign promise tomorrow at least in part announcing plans for a new home for the u.s. embassy in israel, jerusalem. the proposal is evoking strong reaction from some leaders in the middle east to say this move will disrupt the israeli-palestinian peace process. the president expected to announce plans to officially recognize jerusalem as israel's capital. how much is going to change her here? >> a lot more is changing in

terms of words than in terms of where the embassy is actually located. mr. trump is recognizing jerusalem as the capital but he is signing a waiver so the embassy doesn't have to move and may not move until after the 2020 election. the israelis consider jerusalem their capital. that's where the prime minister lives and their parliaments heads. for decades, the u.s. embassy has been 60 miles away in tel aviv, a nod to hopes for brokering a peace deal with the palestinians that would decide the final status of jerusalem. a white house official on background saying, recognizing jerusalem as the capital is affirming a reality and went to great lengths to say this doesn't foreshadow american views of how jerusalem should be divided up or any of the other negotiating points. the palestinians want jerusalem as their capital as well. but they along with their arab allies aren't happy. video tonight out of bethlehem where they are already burning

pictures of president trump in the west bank. palestinian leaders have called for with a call three days of rage. the u.s. consulate in jerusalem, noteworthy, not the embassy still in tel aviv, issued a warning on twitter complete with emojis saying government employees and family members aren't allowed to travel to jerusalem's old city or west bank and advising all u.s. citizens to take these restrictions into consideration. thousands of american citizens live in the west bank on jewish settlements which are often targeted by palestinian violence. violence. israeli security forces are preparing for protest and shannon, we are told from the pentagon that around the middle east, marine corps antiterrorism teams have deployed to bolster security. >> shannon: do we know any timetable when an embassy would actually open in jerusalem? >> that's the big question. white house officials say could take three or four years to locate, design, fund and build a new u.s. embassy in jerusalem.

jerusalem city officials were quoted as saying it could quite literally open tomorrow. just change the name on the massive new u.s. facility. this was us in may in jerusalem at the new sprawling u.s. consulate annex. that annex was reportedly built to house a new u.s. embassy sometime in the future. certainly look like that when i visited. massive, well protected, the security teams confronted us when we were hundreds of yards away filming. when pressed why the state department wouldn't just change the plaque on the door, making at the u.s. embassy in jerusalem, the white house did mirrored to vague security concerns. it begs the question, whether the facilities in jerusalem aren't safe or if the white house wanted to make an announcement right now without really having to change any facts on the ground. perhaps the question vice president mike pence will face when he visits israel less than two weeks from right now.

>> shannon: it's a question we are asking tonight as well. leland vittert, thank you. fox news foreign policy analyst kiron skinner is here. tonight on a call with the white house about this topic. professor of international relations at carnegie mellon. let's talk about some of what leland had to say. we will have the speech at 1:00 tomorrow. we are going to officially recognize drew's mom at the capital but the embassy is not going to if they are right. >> it's not putting on the brakes. there is some realities about moving in embassy. it takes many, many years to build embassies, to find the right spot, to build the security apparatus. that's part of it. it was in 1995 that congress passed, in an overwhelmingly

bipartisan way, the jerusalem embassy act saying that this should occur. moving our embassy from tel aviv to jerusalem. but nothing really has been don done. until president trump decided to take action. he campaigned on this a year ago, talking very strongly about the need to move our embassy. it's not so much a campaign promise but part of his overall foreign policy. it, to me, it's an application of what he calls principled realism. he is recognizing the fact that jerusalem is the headquarters for the israeli government. the legislature is there. the supreme court is there. most of the administrative part of the state is there. he is saying i'm recognizing this without making a broader determination about sovereignty,

which will have to happen between the israelis and palestinians. i think he is trying to provide an assist to them by saying the sovereignty issues are your own. we are making a determination that's in the interest of the united states. >> shannon: as leland showed the footage there, the annex he was observing in may, there are folks on the ground who say that facility is ready for this and they wonder why there's a stall. i want to read a little bit of an article. city planning official shrug there's no need to build anything new to house the embassy. the americans built a big new consulate in the jerusalem neighborhood. which of the implant in advance to be converted into the actual embassy one day. all the americans needed to change the sign on the door. >> i think that is a little naive. i think a consulate is not an embassy. they are different facilities. embassies don't necessarily exist in consulates, but also this may be part of a larger

rethinking about where the u.s. physically wants to be. the consulate was prepared before this announcement clearly. it's been there. i think i would put that aside, that to me is not the biggest issue we are facing. it's really to make sure that this move is consistent with the broader middle east strategy of the president. >> shannon: this is a spokesman for the palestinian leader mahmoud abbas about how they feel about these announcements. >> this will be unacceptable. if this happens, it would complicate things. it would put an obstacle to the peace process. maybe it will be the end of the peace process. >> shannon: he says it might be the end of the peace process. typically ask him about you know also the president has talked with him and a number of leaders in the arab world.

this year and in the last 24 hours, you would expect to hear that publicly but very few are saying that the united states will not be the indispensable outside broker in the middle east peace process. i think that's what is key. the united states is central to what will happen as an outside facilitator for middle east peace. it has to act in its own interests but the parties understand that the united states brings a kind of moral and strategic clarity that no one or -- no other nation can provide. >> shannon: professor, among many other things, thank you for being with us. fox news alert. our sister station sky news is reporting that secure divorces in england have foiled a terror

plot to assassinate british prime minister theresa may. two men of interested. they are due to appear in court tomorrow morning. sky says the suspected terrorists allegedly plan to attack the prime minister's residence at ten downing street with some sort of improvised explosive device. back at home, the most senior member the house will not be returning to capitol hill. michigan democratic cumbersome and john conyers announced his resignation today. he is calling it a retirement. amid accusations of sexual harassment by at least six women. ed henry is here with details, including word of another conyers accuser servicing. >> knew tonight we are learning of 4th accuser was about to go public against john conyers, so he may have been trying to get ahead of more trouble. one of the first politicians to fall in the sexual-harassment scandals that have taken up powerful men in various industries. the 88-year-old conyers was dean of the house after several decades in office. he was dealing with allegations that he has denied from at least

three women. breaking, attorney lisa bloom revealed she has an affidavit from another woman who claims she was victimized by the congressman while serving as a volunteer for him in the 2011 2012 fine praying. tweeting "here's another woman stepping forward to document her sexual-harassment games against john conyers who still deny harassing anyone. conyers said he wasn't getting due process but he knew our witnesses were prepared to testify before the ethics committee." an attorney first be 21 insist the woman came into conyers office and flirted with him and is denying the claim against the congressman who announced his exit from the hospital where he is being treated for a stress related illness. >> i am retiring today, and i want everyone to know how much i appreciate the support, incredible, undiminished support i've received across the years.

>> it appears the drama is not completely over. the congressman endorsed his son, john conyers iii, to replace him by the grandnephew of the congressman, state senator ian speak 21 insist he is running as well. nancy pelosi got into hot water for initially calling conyers an icon and appearing to doubt the accounts of some of his accusers under political pressure she reversed course. to my pelosi is praising what she calls "the brave woman who came forward" and says she is praying for the congressman. >> shannon: ed henry, thank you. steve bannon is campaigning with the alabama senate candidate roy moore in alabama tonight. president trump officially endorsed moore yesterday. republicans are tempering their initial calls for moore to drop out. senate majority leader mitch mcconnell now says alabama voters should decide moore stat

state. during a lunch and and, president trump touted republican party unity all while sitting right next to arizona senator jeff flake. if you remember, he has openly criticized the president and urged his colleagues against complicity. despite that, this was the president's take today. >> we are all on the same page. there's a great spirit and the republican party like i've never seen before like a lot of people have said they've never seen before. they've never seen anything like this, the unity. i think a lot a very good things are going to happen. it's going to happen very fast. >> shannon: here to react, fox news politics editor chris stirewalt. good to have you with us. after this comment about unity, and apparently there was discussion of roy moore. my understanding is senator senator flake said i think the president is wrong. i tweet from senator flake. a check that appears to be written from him to doug jones.

a liberal democrat in alabama. he says in the subject line "country over party." a little trolling going on. >> doug jones is only a liberal democrat by the standards of alabama. in most of the country he would be -- >> shannon: pro-choice, those kinds of things. speak of the republicans are capitalizing on the abortion issue in his stanzas pro-choice. i love the look on jeff flake's face. he looked like they were serving possum stew. flake has been accused of peacocking a little bit on this, that he's out claiming credit for doing this. ben sasse, his calling from nebraska, basically said you don't have to choose. it's not necessary to choose between someone credibly accused

of abusing his position as prosecutor to try to pick up young teenagers and a person who supports abortion, elective abortion. ben sasse's message was you don't have to pick between those two things. you can write somebody enter you cannot vote. if the system fails in that way, it's not incumbent on you to make a choice. what's happening right now in alabama is the republicans very much thing it doesn't matter whether he did it. doesn't matter whether you like him. it doesn't matter any of these things. you just have to stick with your team and have to vote for roy moore even though everybody increasingly sees more and more evidence around moore and no credible, no real credible denials. >> shannon: he denies everything. >> he has changed his denial. >> shannon: some of these people says he didn't know but -- >> now he is saying he didn't know any of them. it's an abject denial. >> shannon: somebody who was

also denying a lot of stuff but is no longer coming back to capitol hill was representative john conyers. he said that he's announce that she's not resigning. he is announcing his retirement effective today, so i guess if you retire in the middle of your term, it's not a resignation. >> the amount of arrogance, hubris on display in american politics, has always been and i'm not going to say it hasn't been. the stench of the hubris and the arrogance and ego around these people, whether it is roy moore in alabama or whether it's john conyers who will not say i'm quitting in the stench of failure. i'm having a surprise retiremen retirement. effective right now. and then that this person leaving after damaging the reputation of his party, damaging the institution in which he claims to hold in great reverence and damaging all of

these things, that this person an absolute disgrace would dare, would dare instruct the constituents who he failed. he failed these people, that he would have the temerity to instruct them to keep a dynasty going in his seat by putting his 27-year-old son in it. it's beyond. the amount of arrogance, hubris we are staying whether it's in alabama or whether detroit, we've lost the tether, folks. >> shannon: he has a great nephew who a state lawmaker. also has already said he wants to run. going to be awkward at the conyers household. >> it should tell us a little something about how detroit politics are working if a seat in the house is treated as a heritable sinecure, this is a noble title, position that should be held by one family in one family only. that's un-american. it's not cool. >> shannon: also not cool that we are out of time but i have to ask you there are republicans facing charges on the hill, other democrats on both sides, house and senate, so to those folks go anywhere or do they

hang on? >> paul ryan and nancy pelosi can't agree on how to keep the government open but i bet they can find a way to agree to stop the pain and keep these revelations from coming and clampdown on making sure these things don't come out. they have a lot of dirty dogs they want to keep in the pound. >> shannon: i'm going to tweet that. thank you. week after he was cleared of state charges of murder and involuntary manslaughter, illegal immigrant hosea garcia zarate is facing new charges, brought by the feds. he was indicted today on gun and immigration violations. last week you will remember a jury found zarate not guilty in the shooting death of kate steinle. he admits shooting her. we'll have more about it later on in the show. stick around for that. were going to break on the latest development in the unfolding special consul controversy. more indications tonight of potential anti-trump biased by key investigators on the team. we are going to tell you about that very hot bench on the

supreme court where the justices heard arguments in a landmark pitting a couple against a christian kate baker.

>> shannon: an email obtained by government watchdog group judicial watch shows a key member of special consul robertt mueller's russia probe team, andrew weissman, praised outgoing acting attorney general sally yates after she defied president trump. yates refused to defend the president's travel ban, prompting weissman to send yates an email saying "i'm so proud." special consul robert miller's investigation into possible collusion between the trump campaign and russia has had a price tag of $6.7 million so fa far. that's according to a financial report released by mueller's office today. text from one of mueller's top, fbi agent peter strzok showed enough bias against president trump to get them kicked off the case. those techs are going to be turned over to congressional investigators. that's just one of the developments that prompted "the wall street journal" editorial board to question

whether mueller is too conflicted to properly investigate the russia case conference of the. the journal writing "while there is no evidence so far of trump-russia collusion, house investigators have turned up enough material to suggest that anti-trump motives may have driven mr. comey's fbi investigation." it reinforces our doubts about mr. mueller's ability to conduct a fair and credible probe of the fbi's considerable parked in the drama. with eskimo former press secretary for george w. bush and fox news contributor ari fleischer. former deputy attorney general. we're learning more more about two members of, one i understand as part of the mueller team from another one was reassigned elsewhere but it's pretty interesting what's been revealed so far. the white house seems a little bit concerned or at least his pointing fingers, that this is evidence that this may not be fair. what do you think? >> it's really troubling me, shannon. i say that as someone who

continues to defend by viewing the individual. i know him. i find them to be a boy scout, man of the utmost integrity who only wants to do the right thing. but he has a problem, and the fbi under chris wray has a problem. america can never doubt the integrity of the fbi. now we have reasons to do so. the fact that an fbi agent in charge of, one of the people in charge of the hillary investigation could be so biased, partisan. he's the one who interviewed cheryl mills and huma abedin and they gave him information that was contradicted by their emails and nothing happened to them. you have to scratch your head and wonder what's going on below the mueller level. it's not healthy for the country and legitimate questions are raised and are not answered. the fbi and bob mueller need to assure the american people that this is being done with integrity. >> shannon: tom, that piece from "the wall street journal" editorial board is called "mueller's credibility problem." i want to read more.

>> donald trump as it is own worst enemy, many ill-advised tweets on the weekend michael flynn, the fa, robert miller special probe. but that doesn't mean mr. miller and the federal bureau of investigation deserve a pass about their motives and methods as this new information raises troubling questions." your reaction. >> my reaction is the president is entitled to a fair, nonpartisan investigation and the fact is doj and the fbi really should be the gold standard in terms of neutrality and impartiality. when you see things like this, not just one incident, its several incidents in a row where people involved in the investigation have strong personal feelings about president trump. the fact is, right or wrong, it's going to cast a shadow over how this investigation is carried out. any charges or prosecutions that may ultimately result. even if they are supported by evidence, i think the american people are going to look at that same was this a decision driven

by legitimate law enforcement concerns or is it someone exercising their partisan clinical preferences. >> shannon: ari we had tweets from the president over the weekend saying now it's all starting to make sense. how does the white house manage these revelations because there's one side that you think if you let mueller worked through his investigation and it exonerates the president, or does it prove there's any collusion or anything, he wins by not trying to beat up mueller too much. on the other hand camino he's not going to be able to resist pointing at things like this. >> the president has never resisted that. my advice to him and i think it's advice they will not be heated, don't go front and center after the fbi. the president of the united states should not do that. his campaign, his people are being subject to this investigation and it's unseemly for the president to weigh in. it's partly what got them in trouble when he fired comey. the president is better served by staying out of it and waiting for the exoneration.

i see no evidence of collusion. i'm sure it would have leaked by now. i suspect the president will be free and clear. but who is not free and clear is the reputation of the fbi. that must be pure. that's why i do find this to be so troubling. don't forget too that mueller has several people working for him who are democratic donors. he should've been more careful in who we hired. all these things, the anti-trump text, pro-hillary support from the fbi agent, the andrew weissman information you described earlier, the fact that many, several people who work for mueller are democratic jupiters, none of it serves the image of the justice being blind. >> shannon: quick final word, tom. >> i think the solution here is transparency. if there are these texts, i think it's good that doj is going to turn them over to congress. i think it's good we are finding out who these investigators are because of the end of the day, the american people are going to judge the outcome of this

investigation depending on whether they have faith in the investigators and the evidence of any that they uncover. i think mueller needs to take out affirmative hard steps right now to ensure the independence and integrity of its team and investigation. >> shannon: tom dupree, ari fleischer, gray tabby with us. thank you. you develop months tonight in the case of the illegal immigrant found not guilty after he admitted he shot and killed a 32-year-old san francisco woman. trace gallagher has the latest move by the federal government indicate stein the case next. plus we will head straight to the front lines as firefighters tackle southern california lays. adam housley is there with a preview. good evening, adam. >> the fires are still burning down homes here in seven telephone. the winds have died down a bit in the last few minutes but they are expected to come back by thursday. and come back hard. i'm adam housley. we will have details coming up. [vo] quickbooks introduces rodney.

he has a new business teaching lessons. rodney wanted to know how his business was doing... ...so he got quickbooks. it organizes all his accounts, so he can see his bottom line. ahhh...that's a profit. know where you stand instantly. visit quickbooks-dot-com. afi sure had a lot on my mind. my 30-year marriage... ...my 3-month old business... plus...what if this happened again? i was given warfarin in the hospital,

but wondered, was this the best treatment for me? so i made a point to talk to my doctor. he told me about eliquis. eliquis treats dvt and pe blood clots and reduces the risk of them happening again. not only does eliquis treat dvt and pe blood clots. eliquis also had significantly less major bleeding than the standard treatment. eliquis had both... ...and that turned around my thinking. don't stop eliquis unless your doctor tells you to. eliquis can cause serious and in rare cases fatal bleeding. don't take eliquis if you have an artificial heart valve or abnormal bleeding. if you had a spinal injection while on eliquis call your doctor right away if you have tingling, numbness, or muscle weakness. while taking eliquis, you may bruise more easily... and it may take longer than usual for bleeding to stop. seek immediate medical care for sudden signs of bleeding, like unusual bruising. eliquis may increase your bleeding risk if you take certain medicines. tell your doctor about all planned medical or dental procedures. eliquis treats dvt and pe blood clots. plus had less major bleeding. both made eliquis right for me. ask your doctor if switching to eliquis is right for you.

>> shannon: california is facing in another round of wildfires. state of emergency has been declared in los angeles and ventura counties. officials are urging tens of thousands of residents near the flames to leave their homes. we'll have more that story coming up. right now, days after his habit is go jury found not guilty of murdering 32-year-old kate steinle, the illegal immigrant who admitted he shot her is now facing new charges. they are federal. trace gallagher is live in los angeles. >> as soon as jose garcia zarate was acquitted, jeff sessions have the federal government would get involved and sure enough, today a federal grand jury indicted garcia zarate for being a felon in possession of a firearm and for being an illegal

immigrant in possession of a firearm. if convicted, he paces up to ten years in prison before potentially being deported for a sixth time. for now, garcia zarate remains in state custody. his sentencing is next week and because he would likely get time served, legal experts say he will be immediately turned over to the federal government and today while zarate was being indicted by a federal grand jury, san francisco d.a. george gascon gave a news conference, the d.a. said the jury's acquittal of garcia zarate was "hard to receive," but when not to say he respects the decision and then lashed out at conservative pundits and president trump for turning zarate into a political football. listen. >> i think it's important for the president of the united states remember that this is a nation of laws. we respect the legal process even when the outcome is one we may be unhappy with.

we need a little bit of discipline and not let a madman who is tweeting dictate everything we do. >> the d.a. says he stands for what his city stands for, meaning the sanctuary city policy which we now know was the reason jose garcia zarate came to san francisco. he told investigators the liberal laws made it easier for immigrants without documents to fly under the radar. after kate steinle was shot and killed in july 2015, the case became national news after the revelation that because of sanctuary city policy, garcia zarate have been released from jail in san francisco instead of being turned over to immigration agents for deportation. the defendant's immigration history was not allowed during the trial. >> shannon: trace gallagher with the latest. thank you very much. back to those wildfires in california. another round of them become a state of emergency has been declared. these are some live pictures.

officials there are urging tens of thousands of residents near the areas of flames to leave their homes. >> firefighters have given up on the homes behind me. you can see the conditions across southern california, vicious winds in excess of 75 miles an hour in some areas. that look -- look at the flames. seems like firefighters have pretty much given up on this entire street. if those flames spread to the home next door, as you can see to the left, it's -- >> shannon: that was some of adam housley's coverage today. he is live tonight. let's check in with him. still burning there tonight. >> that video you saw was from a couple hours ago. the winds really blowing across the mountains here in ventura county and the city of ventura which is a large metropolitan area.

this neighborhood really had no chance. this is two hillsides over from the video earlier. several hundred homes burned down in this area. they don't have the exact number at this hour. we want to go back to that video. we can jury the winds and how brutal they are. they have died down a bit but they are expected to come back. take a listen i what it's like out here when the winds roared through the canyons. firefighters have given up on the homes behind them. you can see the conditions across southern california are vicious winds blowing in excess of 75 miles an hour. this home they gave up on her look at the flames. the front half of this three-story home was collapsed in front of it. homes on either side so far have been spared but it seems like firefighters have pretty much given up on this entire street. if those flames spread to the home next door, as you can see to the left, it too will go up. search and rescue doing what they can disable it they can. with the winds, it's a most impossible.

the main front of this fire is now burning into the wildlands towards another popular tourist destination, smaller town here in southern california. the problem is you see these hot areas like this that are burning in these neighborhoods, whether they are gas lines or fuel that had been burned, you can see the smoke. in the last 2 minutes talking to you, the wind has picked up. you can see the smoke, the embers. it's those embers become lowest bars a mile away. there are a number of homes still standing in this neighborhood thankfully that survived the fire thus far but we watched four different homes burned down with fire crews in front of them today. there was nothing they could do when those winds blow and the embers get into the attic. >> shannon: powerful images. tough conditions are coming. please be careful, adam, and keep us updated. dozens of protesters arrested at lawmakers offices in arizona and

california so-called dreamers pressure lawmakers on both sides of the aisle to shut down the government if their demands aren't met. a heated dave arguments in a landmark supreme court case over a baker who refused to make a custom wedding cake for a gay couple. we're going to hear from both sides and stick around for the fox news exclusive, one of the attorneys who argued that case today. >> that's not freedom. that's not tolerance.

..

..

>> shannon: religious freedom or discrimination? that's the decision before the nine justices of the u.s. supreme court. today the art organismic in the case of gretchen baker who declined to make a custom wedding cake for a gay couple. they say they were left humiliated by that experience. kristin waggoner argued on behalf of the baker jack phillips today enjoins us to talk about. good to have you with us. we want to let folks know we didn't buy the other parties to the case, the other side and they did not choose to come. charlie craig, and dave mullins, the couple as well as their attorney. they are welcome to join us anytime that we are glad you're here. it's a hot bench. it means you couldn't get an answer out. many of the attorneys, there were four of you, couldn't get the answers are before the next question was on top of you. what did you make it worth case when today? to go i think the judge has askd insightful questions, hard questions for both sides in a

carefully looking at the implications, forcing people to express messages that would violate their religious convictions and it concerned the justices. >> shannon: the argument is jack phillips, he's an artist as he creates cakes. my understanding he was happy for the couple to buy premade items but he didn't want to engage in something that he would have to craft with his artistic skills. justice sotomayor gave you a bed of a hard time today and said there are sandwich artists, people who create beauty and what they make but we don't call it expressive and entitled to first amendment protection. how is making a cake entitled to first amendment protection? >> is not that every cake is entitled to protection but a wedding cake is inherently expressive. jack phillips cakes are inherently expressive. they expressed a message that the unit is a marriage and to be celebrated. for nearly 25 years, he's always ensure the cakes he creates express messages that are consistent with his conscience, and this one of many cakes that

he couldn't design. most of which never had anything to do with sexual orientation but simply are just what's consistent with what he believes and we is. if you want to play little bit from senator tammy duckworth. she's one of the many lawmakers we saw today. here's what she said. >> i wanted to come out make when the clear. our civil rights should not be up for debate. every american deserves equal protection under the law. >> shannon: how to answer those who say that if you put out a shingle for business, you shouldn't be able to turn anyone away but regardless of the circumstances. if you are in the stream of commerce to me you don't get to pick and choose who you turn away. >> you don't lose your constitutional rights when you go into business. that's how i would respond. the theory that the aclu and the government put forward today is downright frightening. the suggestion that a filmmaker or an oil painter or graphic designer can be forced to violate their conscience, that a democratic speechwriter could be forced to have to write for a republican or an atheist soloist

would have to perform at an easter worship service. these are the implications of this law if the government wins the case. it's unprecedented that the court would consider and actually force people to voice messages that violate the core of who they are. >> shannon: i want to touch on justice kennedy. he is often a swing vote and he's been open and has written opinions furthering the rights of the lgbt community. everybody is watching them today. he was hard on both sides, as you know. but he wound up saying "tolerance is essential in a free society and tolerance is most meaningful when it's mutual. it seems to be the state and its position here has been either tolerant nor respectful of mr. phillips' religious beliefs." did it give you a glimmer of hope that you might be successful? to go absolutely. idea that the commission that decided mr. phillips' feet.

-- fate. they took action on the bias and he has lost 40% of his income. he's been demeaned and has beliefs been compared to racist. that's intolerant. >> shannon: the decision is due by june. thank you. could a dispute over the so-called dreamers lead to a government shutdown at the end of this week? we will see of democrats and president trump are ready to make a deal before the money runs out. >> we showed the president no gains. this is serious stuff. we think he learned and he invited us back this week.

♪ we are the driven... the dedicated... the overachievers. we know our best investment is in ourselves. we don't take no for an answer. we fight for what we want. even for the things that were once a given. going to college... buying a home... and not being in debt for it for the rest of our lives. but we're only as strong as our community. who inspires and pushes us to go further than we could ever go alone. sofi. get there sooner.

>> shannon: lawmakers say they are looking toward a government shutdown with funding for the federal governments had to run out on friday. democrats plan to leverage the issue to get legislation passed to protect these so-called dreamers, people brought here illegally at a young age like the ones you see that are protesting outside of senator john mccain's arizona office today, yesterday. will republicans and president trump called her bluff and who gets blamed if the government does shutdown? richard fowler and mary walsh are here. good to see both today.

mary, i will start with you. they are doing sit ins across the country. they say they don't want the funding to get done by the end of the year and they're going to call out democrats and republicans to make sure they get their way. >> this is one of the things that i think really angers americans. here you are, demonstrating and telling us how we have to run our country. that's not a way to make people sympathetic to your cause at all. a lot of people feel you have no right to be demanding anything from this country whatsoever. i think people would like to see them be graceful and appreciative for what they have gotten so far as opposed to demanding. i don't know if this helps their cause. >> shannon: this is what senator cornyn had to say, a republican from texas. >> this simply does not advance the interests of these daca recipients to try to force this into a shutdown narrative. >> shannon: what do you make of it richard? >> ted cruz is the king of government shutdowns.

he shut it down last time. >> shannon: that's not what we are talking about. we are talking about the one that's going to happen this week. maybe. >> here's the thing. i think the government will get shut down. 35 house republicans of kaman said, 34 and a nonvoting delegate. it's on the rest of the party to save these individuals contribute to our society. working, serving the military, and a college or university. they are benefiting americans and therefore they should have the right to stay here and we should pass this dream act immediately. this was a lot written by george w. bush. the fact that we are still debating it in 2017. >> shannon: now what we are talking about is daca, done by executive order. a lot of people think president obama said he couldn't do it and he did. you reference this letter from the house g.o.p.

35 member said "daca recipients, are contracting members of our communities and economy. reaching across the out to protect daca recipients before the holidays is the right thing to do." mary. >> this is another thing people hate about the swamp. they sit here and say were going to put this on another bill, the spending bill and instead of having bring a claim spending bill and a clean daca bill so we can know how the representatives are voting, they mashup together so we don't know and this is what people hate. the lack of transparency. i want to know how my representative is voting. >> that's nothing new, mary. >> it doesn't make it right. >> republicans have democrats have done it for decades. let's not punish the 700,000 daca recipients because politicians can't get their act together. >> this is the only crime we reward people for committing. >> shannon: coming here illegally is a crime. we have to leave it there.

richard and mary, thank you. most watched. most trusted. most grateful you spent the evening with us. good night from washington. they came out of nowhere, sir! how many of 'em? we don't know. dozens. all right! let's teach these freaks some manners! good luck out there, captain! thanks! but i don't need luck, i have skills... i don't have my keys. (on intercom) all hands. we are looking for the captain's keys again. they are on a silver carabiner. oh, this is bad. as long as people misplace their keys, you can count on geico saving folks money. fifteen minutes could save you fifteen percent or more on car insurance.

this ♪s electricity. this is a power plant. this is tim barckholtz. that's me! this is something he is researching at exxonmobil: using fuel cells to capture carbon emissions at power plants. this is the potential. reducing co2 emissions by up to 90%... while also producing more power. this could be big. energy lives here.

>> 70 miles an hour in ventura, california, the fire burned down hundreds of homes and still burning. >> they are brutal, dirty, nasty work that has to be done. we will be here until it is done. >> controversial decision by donald trump, he is expected to announce the start of the process of recognizing jerusalem as the capital of israel and moving the us embassy from tel aviv. >> bill clinton made a promise, george w. bush. >> astonished how this has gone of