diving santa stunt missing the march. rob: santa making a surprise entrance to deliver elf on the shelf to a little girl. he broke his leg in the process. "fox & friends" starts right now. see you later. >> the president will announce at the white house that the u.s. government is officially recognizing jerusalem as the capital of israel. >> a top prosecutor who now works for special counsel robert mueller praised sally gates after she was fired in january by president trump for refusing to defend his controversial travel ban. >> this is a level of corruption and dishonesty beyond anything i would have expected a year ago. >> california under siege again. massive wind fuels sparking apocalyptic discussion. federal officials have filed

new charges recently acquitted in the murder of kate steinle. >> where the united states is now the only nation on earth does not belong to the paris agreement. >> during the course of my presidency, we more than doubled production of clean energy like wind and solar. we saw our u.s. economy grow consistently. we saw the longest streak of job creation. thanks obama. ♪ ♪ ♪ let's go. northbound if there brian brian there you go. how many times have you said this steve hegseth. >> let's go? pete: way too many. thanks for having me guys. ainsley: good to see you here. filling in for steve this morning. you look nice.

pete: likewise. brian: you both look very nice. ted looks great as well. very important. sadly there is not much news today. probably going to run a lot of yesterday's stories. ainsley: more news about the fbi. before we get to that talk about something else that's important, straight to that fox news alert. president trump making good on another campaign promise. brian: in just a few hours he is set to announce that the united states will officially recognize jerusalem as the capital of israel. pete: big move. griff jenkins is in washington. the backlash from some has already begun. >> good morning it is already inflaming passions and a move that could upend years of efforts to broker a peace deal. let's set the stage like many presidents before him from clinton to bush to obama we heard campaign promises like this. >> we will move the american embassy to the evernal capital of the jewish people, jerusalem. [cheers and applause] >> at 1:00 p.m. today

president trump will actually follow through on it formally recognizing jerusalem as the capital of israel and begin the state department multiyear process of moving the tel aviv already in bethlehem. flags of president trump's image are burning. the poo issuing a security warning on twitter for american citizens directing them to avoid the old city in west bank. the move clearly angrying palestinians who want jerusalem as their capital as well. such a move will have detrimental on the prospects for the internationally endorsed two state solution. allies across the muslim world are warning of serious consequences. erdogan threatening to break off ties with israel. >> this continue with resolve. as a matter of fact, this can go as far as breaking off our diplomatic relations with israel.

>> as a precaution anti-terror teams are deploying across the middle east in and around embassies. we are hearing from world leaders, guys, everywhere from iran, china, syria, lebanon, and even the pope weighing in on things. all of this ahead of vice president's trip to jertz in less than two weeks. brian: all right. so not much controversy with the decision. it's just business as usual. thanks, griff. they are going to move it officially not going to be waiving it. six months to build the building. all we have to do is put a plaque on it. essentially it's moved. it's out of there. pete: the declaration itself. truman state of israel established in may of 1948. 70 years later i truly believe amongst his supporters this president will be remembered for taking this courageous step. previous presidents have said the congress passed an act in 1995. we will move the embassy. a lot of talk about it no one ever actually did it.

this president is going to follow through. ainsley: griff played the sound bites. look at the montage of past presidents same move. >> as soon as i take office i will take steps to move the united states ambassador to israel and jerusalem at its capital. >> jerusalem will remain the capital of israel and it must remain undivided. ainsley: he is saying remain the capital. you can't ignore. i know this is highly sensitive for the palestinians. you can't ignore the fact that the legislature is there in jerusalem. have you the prime minister lives there as well as the supreme court. so it's almost already the capital it just hasn't been declared that. brian: monday was the deadline to do it. six month waiver to actually move it among the people against it, saudi arabia, france, jordan have said listen don't do. this we have reassured about the palestinians. we are not saying it should not be undivided city. it is still a divided city. we are not declaring that we're moving the actual embassy.

among the people in support of this is senator chuck schumer. saying have you got to be gold. alan dershowitz was high fiving everyone he saw. >> i think the president's decision to recognize jerusalem as the capital of israel is the perfect respond to president obama's outrageous or committees station of the security counsel resolution that he pushed through as a lame duck claimed the western wall to be illegally occupied territory. the hebrew university. the haditha hospital. the jewish quarter according to this resolution basically pushed through by usama bin laden. these are outrageously flagrant violations of the irnlt national law. the best response to that horrible resolution for the president so say we don't accept the u.n. resolution and the best proof of it is we are going to recognizance jerusalem is the capital of israel. you say it's occupied. we say it's the capital. pete: having walked and been at the western wall and gone again in february you

understanding how disputed that place is and how significant it is. what obama did at the end of that term with the u.n. resolution was a thumb in the nose to israel and b b netanyahu. what this president has done is reconfirmed our relationship. fighting islamists every single day. don't underestimate president trump said he was going to do it. unlike all the politicians before that montage could have had bill clinton in it he said he would do it as well. this president said i said i would do it and i'm too long it. what you said from the beginning. brian: most controversial thing pete said not thumb in the nose or finger in the eye. ainsley: i'm the worst at that i will mix it all up. brian: just kind of threw me. ainsley: talking about anti-text messages investigating hillary clinton. he was investigating hillary clinton and he sent these messages. these anti-trump messages to his mistress who also worked with the fbi on the mueller team. and those emails or those

text messages have been requested by the house intelligence committee to be released to them. and i think now they're going to be. pete: look what the house intel committee hold them in contempt to deliver it. that threat has meant they will hand it over. brian: a few things coming up make you wonder about the agenda sad lift f.b.i. that's a huge lisk to our country. if you can't trust law enforcement at the highest level and their approach especially something that means so much and really is the check on our -- on the president of the united states, you have to wonder where we go from here. ari fleischer sees a problem when the integrity is questioned. sees the problem why why are questioning it. >> america can never doubt the integrity of the fbi. but now we have legitimate reasons to do. so the fact that an fbi agent in charge -- one of the people in charge of the hillary investigation could be so biased, could be so partisan and he also is 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 really do have to scratch your head and wonder what's going on below the mueller level. it ♪ healthy for the country if 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 inning to gri at this. brian: there are more questions, too. this guy andrew weismann. sally yates came out and said yeah i'm going to get that travel ban in place. i'm concerned about terror laden nations that don't have proper paperwork to come here. he rolled out a hastily prepared document in retrospect. i passed on friday. pete: i think the first one would have gotten through. brian: it wasn't executed correctly. way chaos in airports. sally yates didn't want to go ahead and implement this. >> she actually lost her job because of this. now it's discovered that andrew weismann 10 days into the trump administration after sally yates refused to

do this defended -- who refused to defend executive order. an dry wiseman praised her in an email saying this: i am so proud and in awe thank you so much with all my deepest respects andrew weismann. pete: thank you so much to judicial watch who fought to get these documents. we just now get this document. why is this so relevant? is he bob mueller's deputy. he is the number two mark levin calms it now special impeachment counsel. that's what they're going after. if bob mueller's integrity and number two literally caught writing emails to sally yates because she is he leading resistance to president trump. and i am in awe and so proud of you defying this president. how much more evidence do you need that there is a partisan slant on top of this thing? ainsley: let's sum this up for you. this is all happening in the fbi. have you one guy in the fbi who is an agent who is investigating hillary clinton. and he let her go scot-free and changed the language in that memo last summer in

that press conference. so we have someone who hated the president, was sending messages in that investigation. and then let's look at the russia investigation. have you andrew weismann who is the deputy prosecutor in that investigation, and is he praising sally yates who was fired by president trump. brian: by the way struck interviewed michael flynn. combed through the 35,000 emails discovered on anthony weiner's laptop and said there is no there there. so far you see guy with an agenda as punishment was pulled off this case and put into human resources which is bizarre. ainsley: you hope they can be objective. it just looks suspicious and makes all of us wonder. pete: everyone has a political perspective. i get that when it starts to inform your work at the fbi that becomes a problem. other word about andrew weismann maxed out donor to obama and hillary clinton. one thing to act on it that's the fear. weaponization. ainsley: move on to other headlines this morning. we begin with a fox news

alert. a race against time to stop destructive wildfires burning out of control sending tens of thousands of people actually flees their homes. both ventura and los angeles counties in southern california under state of emergencies with multiple wildfires raging. more than 270,000 acres have been scorched since monday night. winds whipping. flames hundreds of feet in the air causing more destruction. hundred threads of homes and buildings have been destroyed including apartment complex. hundreds of firefighters battling the blaze. three injured. critical fire conditions expected until friday. we have a live report from the fire zone in a few minutes. a u.s. bomber flying over south korea. the latest show of force after a powerful missile test from the north. korean media reporting that plane is joining the current week long military drill. the largest joint exercise ever with south korea in

response, china has staged its own drills. saying that they are warning -- they are a warning to the u.s. that china will uphold the balance of power. well, he is part national anthem protested that divided the nfl and now collin kaepernick is picked for yet another honor. beyonce presenting the former quarterback with the muhammed ali legacy award during the 2017 spokesperson of the year award. >> with or without the nfl's platform, i will continue to work for the people. because my platform is the people. >> the award meant to honor people who, quote, embody the ideals of sportsmanship, that was a sportsman award. leadership and philanthropy as vehicles of changing the world. those are your headlines. brian: 13 minutes now after the hour. pete: reminds me of when they gave the now bell peace prize to usama bin laden before did he anything.

brian: roof top standoff between police and politician who is on the run. ♪ i fought the law ♪ and the law won ♪ what is this?

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♪ brian: get this the doj agreeing to hand over those anti-trump texts sent by that fbi agent peter struck

who was removed from the mueller investigation as new details reveal other possible conflicts of interest with the probe including andrew weisman who weighs in. sally yates for defying to obey the white house. here to weigh in is fox news contributor charlie hurt. wiseman number two with mullen right now. to sally yates for defying the white house. and peter struck is anti-trump diatribe and look at his actions. do you have any doubt if people wonder if they have an agenda here? >> absolutely incredible. the peter strzok stuff. people have opinions, whatever. when you fold that in to the pattern of his behavior. and larger pattern of the behavior of everybody involved in this and all of the conflicts of interest from the lowest level to the

highest levels, it really does raise serious questions about the integrity of this investigation. the purpose of this investigation and, quite frankly, as we have see more and more it becomes more and more apparent that a lot of these allegations are falling away and the smoke clears it, raises the original question which is what actually launched this investigation in the first place? why did the obama administration first begin spying on paul manafort and the trump organization? a political opponent in the height of a presidential campaign? it raises serious constitutional questions. brian: of course, this guy strzok is the one doing the interview with hillary clinton july 5th without video. set won going through 35,000 emails. he is the number one number two in this investigation going through. and factor in when we just learned yesterday about the agenda. the fact is this thing has cost $7 million already and benghazi a two-year probably

overseas cost two years. what kind of risk taken now roy moore conyers, barton, franken and all their bad behavior give the president cover here? >> it's almost like all these people are setting up. the senate is a perfect place for somebody like roy moore. i think it really does give him a lot of cover in this case. brian: almost unnecessary because i think the president is taking political risk the need doing the mitch mcconnell thing, let alabama decide probably is the best way. >> he is not afraid of risks, that's for sure. brian: hence the movement of the embassy in israel. thanks so much. >> you bet, brian. brian: fought to take out the british prime minister stopped just in time just how close did these two men get to an assassination? we'll discuss it plus, millennials are the largest

voting group in america. most of them prefer democrats. so will republicans ever be able to win them over? ♪ we're the kids in america ♪ we're the kids in america ♪ i see a b-i-i-g pu-u-ppy. hey greg! that's ford, america's best-selling brand. now get exclusive holiday offers, with 0% financing for 72 months across a full line up. for a limited time, get an additional $1,000 cash back on top of 0% financing for 72 months. get these exclusive offers during the ford year end sales event.

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now with instant text and email updates you'll always be up to date. you can easily add premium channels so you don't miss your favorite show. and with just a single word, find all the answers you're looking for. because getting what you need should be simple, fast, and easy. download the xfinity my account app or go online today. ♪ ♪ pete: welcome back to "fox & friends." a couple of quick headlines for you. russia will be banned from the upcoming winter olympics. yep. you heard it right. the international olympic committee punishing the country for a massive doping scandal at the sochi games. athletes can prove they are clean, they are invited to compete. they have to compete under a neutral flag with a neutral uniform. insane video showing the former president of georgia dragged off of a roof top by security forces in the ukraine. he had been addressing

hundreds of protesters on the street when he was arrested. those supporters then helping him break free so he could lead a march to parliament demanding the resignation of the ukrainian president. the prosecutors gave him 24 hours to turn himself. in ukrainian politics gift just keeps on giving. >> millennials are on course to be the largest course of voters in our country and new poll out of harvard shows they preferred democrats by a two to one margin. according to a recent poll just 33% of 18 to 29-year-olds would prefer to see republicans control congress after the 2018 midterm. while 65% would prefer democrats. sore what can republicans do to attract more young people to the party? here now to discuss is the conservative millennial alley beth stuckey. great to see you. thank you for being here this morning. >> great to see you, too. >> what do you think republicans can do to win these millennials over? >> yeah. well, you know, this is not

really that unique of a problem. young people in general and millennials in general tend to lean liberallably especially as of late. we saw in 2016 that more liberals voted for bernie sanders in the primaries than trump and clinton combined. a poll earlier this year showed that two thirds of millennials are. if given the choice millennials would vote for a socialist rather than an evangelical christian. there are lots of reasons why millennials are going so far left from indoctrination on college campuses. so what they are seeing out of hollywood and the celebrity influencers that lean left. really the biggest asset that democrats have that republicans haven't seen to master yesterday is branding. bernie sanders and democrats have done a very effective job of branding liberalism and socialism as the more compassionate and morally right option. those are two things that

millennials care about being very much. ainsley: why has it become so outrageous. college campuses you can't even have conservatives come and speak. can't make it public because there is a protest. it seems to be so outrageous. why is the left so focused on their agenda instead of the tolerance that they preach. >> absolutely. if you look at the political dialogue right now and the words that really characterize our conversation about politics and culture, inclusion and color and love, hate, bigotry, racism, all of these not only have a moral connotation but almost completely monopolized by the left. so anything that exists outside of leftist definition of what these things are just according to the left doesn't really actually exist. and millennials who care about being compassionate, who care about being empathetic are being sold this lie that liberalism and free healthcare and free college is the only humane and moral option. and for republicans and conservatives to have any

kind of fighting chance, we have to be able to explain why republican and conservative policies are actually the more conservative choice. why capitalism, compassionate choice that they -- actually are promoting more tolerance through free speech instead of censorship. we are actually promoting -- we are actually promoting more compassion through capitalism rather than socialism. it's actually more loving to fight for the unborn rather than to fight for abortion. until we can master that language and branding, conservatives are going to be have hard time catching up. ainsley: allie beth stucky. thank you so much for your opinion. >> thank you. ainsley: state of calvary wildfires raging out of control. no relief in sight. we are live in the fire zone for you. how d do you buy your spouse a

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brian: we're back with a fox news alert now. multiple wildfires tearing through california leading a path of destruction show nothing signs of slowing down. ainsley: tens of thousands of people leaving their houses in a desperate race against time. pete: our own jonathan hunt joins us live from ventura, calvary. california, good morning. >> it's a long hard fight still ahead for firefighters and tragic scenes for many of those who have been evacuated to come back to. for instance, right here,

this bring facade, all that is left of this home in the city of ventura. this scene being repeated literally hundreds of times in this city. these people will come back just a couple of weeks before christmas to utter devastation. the loss of the home they treasured. the loss of many of the possessions they treasured. and the fires came through this area so quickly that so many of these families were forced to evacuate without having any time at all to grab anything. these binthese winds have been whipped by santa ana winds. the warm winds that blow through southern california at this time of year. much worse this year though because we haven't had any rain to dampen the religion station over the last couple of months. so it's bone-dry conditions. almost impossible for firefighters to get ahead of the fire line. and right now here in ventura, we actually have

zero containment. it's across southern california. nsa has put out some fascinating pictures of the smoke clouds from space. you can see just how big and how widespread they are. one of the other fires that is particularly bad is in selma, north of los angeles, an area where there are a lot of ranches and people keep animals. we have seen heart breaking video of people trying desperately to get their horses, lamb mass, other livestock out of the areas. the sad news from an area called sun land which is neither area several horses were killed. the good news, is f. there is any, there are no fatalities, as of yet directly caused by these fires, the other bit of good news. the stindz have died down a little bit. they believe they can get aircraft up to dampen the fires earlier today. but then the winds are going to come back. a long hard fight ahead.

back to you guys. brian: jonathan hunt, thanks so much. ainsley: thank you, jonathan. turning now to headlines starting with a fox news alert. assassination plot. british authorities arresting two men accused of planning a radical islamic terror attack targeting prime minister theresa may. police believe they plan to bomb the security gate outside of her office and then attack her with a night. nine attacks have been thwarted in the u.k. this year. the suspects are due in court today. country over party. that's the message from republican senator jeff flake who just donated, look at that a $100 check to the democratic alabama senate candidate doug jones. flake posting this picture to his twitter account. the move coming after president trump roy moore despite allegations of sexual harassment. >> i do think the president is wrong here. i think it will have, you know, negative impacts for the party in the long term.

ainsley: voters in alabama head to the polls next tuesday. outrage on campus after the school considers getting rid of the christian themed mascot. crusader has been the mascot since 1920. now worried the name crusader will offend students. pete: another mascot gone. this is an that might need a little help from rudolph after a sky diving stunt goes wrong. [bleep] ainsley: tampa making surprise interest at volleyball game to deliver elf on the shelf to a little girl. he ended up with a broken leg. is he expected to be okay, kids. he will be at your house christmas eve. the elf was patched up and sent to the girl with a note. see, santa needs.

>> americans are expected to spend over of hundred dollars on holiday shopping. pete: with the season in full swing many of you are sending in your questions about how to make the most of your hard earned dollars. ainsley: here to answer the questions author of retired inspired great so see you. >> we love that voice. brian emails us. brian emails us. this is a brian read. brian: i will use my voice by the power invested in me go ahead. ainsley: okay. daniel says i want to surprise my wife with a christmas gift but she reviews our online account several times a week. how can i get her a gift while staying open and honest with our finances? >> well, daniel, what you want is the gift can be a surprise but how much you spend on the gift shouldn't be. so i would encourage y'all to sit down and talk about how much are you going to spend on gifts and for each other as well as other people in the family. gain agreement on the dollar

amount. guess what? you can buy that gift utilizing cash or gift cards and the gift would stillable a surprise to your wife and all stay on budget for these holidays. brian: make sure to get a receipt full value of what was promised prechristmas day so you don't get ripped off. ainsley: take the cash go, to cvs and buy a gift card and buy it online and she will never know. brian: now you are giving up the whole idea. this email comes from lily. my husband and i have two kids who are 6 and 8 that like to buy gifts for their friends. should we have them spend their own money on these gifts? >> well, lily, here's the deal. i think you have a great opportunity to teach your kids lesson about money. the important of saving, spending, as well as giving. the kids, you want to talk with them and find out who do they want to buy for and how much are they thinking about spending? kids don't understand money. this is whereas parents can you start to talk with them and gain understanding. there is nothing wrong with

you helping them if they have two to three friends they at this point in time buy for and it's a reasonable amount that you can afford. i think it would be a fantastic lesson if the kids were able to use their own money, walk in a store and pick out a gift for someone and know it's something they did for someone along with your help. either way it's a win, win. understanding what we're spending and why we are spend money and why we save. brian: tell them to make something for the kids. make a spider. ainsley: depends on their age. if they're 16 you don't want to give a spider. >> here's the thing. we can't get caught up in the amount we are spending on the gift. remember the reason for the season. the chance to appreciate people and not get caught up in the dollar amount or the sides of the gift. pete: good point. email from sam, one of our viewers. i have read i can open a roth ira for my spouse who isn't employed. can i max out her account at $5,500 and still contribute

the full amount to mine? >> sam, yes, you can as a matter of fact, not only can you do it for your wife, but you can do it for yourself. if you start to think about this, yo, you can have $11,000 after tax money growing tax-free. let's not forget the roth ira tax free growth. have you paid taxes on the money. now you have the opportunity to get mahoney working for you. best way to grow money allow time and compound interest to work on your money. ainsley: is that different than what you can gift someone? can't you gift someone up to $14,000 without having to pay taxes? >> can you do some gifting. i would encourage someone to sit down and talk to tax professionals. this time at the end of the year is the perfect way to get on the same page. wrap up end of year giving. know what you are going to do. but also set a plan for 2018. brian: chris hogan, great job. i appreciate it? >> thank you all for having me. merry christmas. brian: meanwhile, coming up straight ahead. president trump ready to

follow through on campaign promise. listen. >> we will move the american embassy to the eternal capital of the jewish people, jerusalem. [cheers and applause] brian: what message does this send to the world? because it turns out he is doing it today. pete: deck the halls with hillary, the tree topper never wanted is here in case you do. brian: she is my angel. will be in ♪ somebody's ♪ all i want for christmas is you ♪ i won't ask for much this christmas ♪ i won't even wish for snow ♪ i just want to keep on ♪ underneath the mistletoe

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. ♪

brian prinel percentage of their packages are being delivered 1 to 2 days late. as they work to fight a cyber week backlog. delivery should be back on track by the end of today. as i take a few steps. let me talk about another story. cheesecake factory delivering free cheese cake to your door. 10,000 free slices with any orders placed through door dash. don't need to purchase anything. simply type the promo code 10,000 slice when you say place your order. finally, more food talk. pizza hut is on its way to becoming one stop shopping for food and alcohol. order the pizza. you could also have the wine. it will deliver. [applause] those aren't anchors clapping because that would be unsavory and unwise. customers in the thousands are going to flock to this order. right now the company is just delivering booze to phoenix. we will see how that goes and see how the suns play and then we will twin the whole country in january.

pete? pete: president trump is expecting to follow up on this campaign promise. >> we'll fof the american embassy to the eternal capital of the jewish people jerusalem. pete: announcement likely to include the announcement of jerusalem to israel's capital. what does this send to the world as a message. here to weigh in is fox news foreign policy kyron skinner. thanks for being here this morning. really appreciate it former presidents including george w. bush, barack obama, bill clinton have all promised this. but they did not follow through. why is this president following through? >> i actually think because during the presidential campaign donald trump was doing something that's actually unusual for a presidential candidate.

he was beginning to work out alternative theory of the international system which included principled realism as he calls it as a pillar of america first. and this is an application of principled realism. it is a geopolitical reality that the administrative home of israel is in jerusalem. and has been since the beginning of the jewish state. it is a geopolitical reality that the sovereignty and issue surrounding the long-term status of jerusalem will have to be worked out between the israelis and the palestinians. and it's a geopolitical reality that nation states are able to negotiate best with each other when they move first from a position of their own national interests. and all of these factors have influenced donald trump and he worked it through the

agency in the united states and there were broad consensus across state defense and the white house along with the national security counsel that this was the time to make the move. pete: his critics will say he is soaking religious tensions. he is setting back the peace process. he is, you know, any number of criticisms about this move. what is the real intention here as it pertains to our relationship with our allies in israel? >> to speak to that point. just give me a second here. i think disingenuous to say it's going to make matters worse and increase instability in the broader middle east. the middle east peace talks have been -- for many many years fits and starts with no major conclusion. this act may provide an assist to the negotiating party because it shows that

the united states has resolve. it's a very directed and narrow and specific act that the united states is taking. the president is not trying to resolve sovereignty issues. i think in the long run will t. will actually jump start the middle east peace process. because the united states is the only outside power that has been the main facilitator of the peace process and it will be needed in the next round of those negotiations. pete: kiron, briefly we have seen arab nations erdogan and saudi arabia. they don't like this move you say in some ways they're rhetoric will be stronger than they are behind the scenes. >> there is some of that there is always posturing. we see that from the european allies and see that middle east as well. the president has really vetted this decision. he has been talking to the leaders in the arab world.

and other muslim nations. and he has been talking about why he is doing this. walking them through his line of analysis. i think there is a lot more going on behind the scenes. than we understand. pete: as he said, you put your country first, i'm going to put mine first. if we believe in our relationship with allies like israel going to stand with them. he speaks today at 1:00. i will be watching. i'm sure you are will as well. >> absolutely. thank you. pete: thank you for your time this morning. i appreciate it just hours from now lawmakers will publicly demand a special investigation into the fbi's treatment of hillary clinton. one of those congressman florida's matt gaetz joins us live. saudi arabia to talk fossil fuels. in addition, to he became a social media sensation over this picture carley shimkus here to explain next. ♪ bring me a higher love ♪ bring me a higher love ♪

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you're going through a lot right now and i know you're scared. but you're stronger than you know. but look, we'll get through this together. and remember... we at the imaginary friends society always have your back! ♪ pete: this christmas season deck the halls with hillary clinton. the christmas tree topper complete with angel wings turning heads online and on this couch in my brain this morning. ainsley: here with a response blowing up social media fox news headlines carley shimkus. >> a little christmas decoration idea for the democrats in your life. brian: if you haven't committed to an angel yet. ainsley: maybe 2018.

ainsley: you can buy it? >> u.k. based brand named women to look up to. ainsley: not even american. >> asked people who they wanted to see created as the a christmas tree topper and hillary clinton was the one that people chose. people are calling this resistmas. have you heard of this idea? christmas is now politically charged as well. other people on twitter not so sure with the resistmas thing. replaced christmas with resistmas as the worship of themselves continues. mary alice says that's certainly another way to take christ out of christmas. matt on twitter says i'm guessing resistmas is a lot like festivus a lot of venting grievances. >> $900. ainsley: supposed to replace star of david. brian: with a hillary clinton. what's my secretary of energy doing?

it's rick perry. >> he was in saudi arabia. he posed for a little bit of a photo shoot. we have some of those pictures lighting up social media. a picture of rick perry in the sand. there he is. the banner is covering his feet there i think that's for everybody's benefit. another picture of him with and then here is he embracing saudi arabian culture. brian: is that real? >> of course it's real. is he looking at a pitta. looks pretty hungry there. these pictures people think are pretty funny. he was holding the sword in the third picture. josh on twitter says find someone who looks at you like rick perry looks at a pitta. people have fun with this. there did you go. brian: all right rick perry is loving secretary of energy. >> he got stuff done while he was in saudi arabia. he talked about clean energy. brian: let's see if it happens. ainsley: thanks, carley.

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oh man...let's go.... (distant) you comin', boy? sfx: (dog) gulp! woof. ♪ ainsley: president trump making good on another campaign promise. brian: yep. just a few hours he is set to announce that the united states will officially recognize jerusalem as the capital of israel. pete: bob mueller's integrity questioned and number two literally caught writing emails to sally yates resistance to president trump. how much more evidence to prove. >> flames sparking apocalyptic destruction. >> new charges filed against the illegal imgrant recently acquitted in the murder of kate steinle. >> collin capture neck handed another award for so-called sacrifice by "sports illustrated." >> with or without the

benefit of the platform i will continual to work for the people. because my platform is the people. ♪ ♪ brian: all right. here we go. this is a fox news alert. multiple wind fueled wildfires tearing through southern california right now. blaze ago path of destruction with the sundown. and show nothing signs of slowing down. pete: tens of thousands of people leaving their homes in a desperate race against time. ainsley: jonathan hunt joins us live from ventura, california where wildfires are struggling to contain all the flames. jonathan? >> brian, pete, ainsley, yeah, another very tough day ahead for thousands of firefighters as they battle to save thousands of homes across southern california. this just one example of a home that couldn't be saved. the bring facade. all that is left and then as you look next door just down the street, another home reduced to nothing more than rubble.

so many people here in the city of ventura, have left everything that they ever treasured. their homes and all their possessions with them because they had to flee these homes so quickly the stinded whipped fires just blazed through. in the middle of this we have seen again and again the heroism and the humanity of those firefighters. yesterday, cameras caught firefighters as a home burned going inside that home, bringing out children's clothes, gifts that were there for christmas. and ultimately the christmas tree itself. trying to save whatever they could for that family. but as these fires blaze across southern california. 50,000 acres here in ventura county. 11,000 acres in fillma. north of los angeles. the winds are going to come back, we are told today. and it is going to be a

very, very tough fight for those firefighters. and dreadful scenes for so many families to come home to. brian, ainsley, pete back to you. brian: jonathan, are they getting fire department help from other states at this point or is it just too soon. >> they say they are getting all the help they need. there are different jurisdictions and there is a shared enterprise that always happens in these situations here, brian. the different jurisdictions send the help where it's needed they are not coming in from other states at this point. they say they do have all receipt sources they need. likely to see fixed wing aircraft and helicopters back up in the air at day break today. they are saying they are doing everything they can. it's just terribly, terribly tough conditions here, brian. brian: yeah. thanks, jonathan. i was just telling you guys before fires when i lived out in los angeles, my whole road was not on the fire department's map. it looks like a normal road but they never got it zoned. so the fire departmentner

even knew it i wonder if the same thing in these mountains. ainsley: brian told us you lost everything at fire. brian: good thing i was at apartment by myself and nothing of value a few sweat shirts. that's about it. i got lucky. the fire department said we didn't know there was a road there. four minutes after the top of the hour. huge news today at 1:00. pete: today at 1:00 the president will announce that the united states will officially recognize that jerusalem is the capital of israel. and likely trigger a process to move america's embassy. which is currentfully tel aviv to the capital city of jerusalem and he will likely announce that today. ainsley: he is going against the u.n. pete: he is going against a lot of people. ainsley: this is america taking a stance. we are with you, israel. we think it's the capital. brian: among the people not for this. the pope is urging president trump not to do it. to leave the status quo. but if you talk to the

israelis, they have already done this. for us, i mean we know the supreme court is there we know all their government building are there. we actually have a consulate. we could just put a new plaque and do it formally. evidently we need six months to actually move everybody in. it's going to cause some controversy. we are saying leave it a divided city. that's okay. we're just going to be there. alan dershowitz told us this is way overdue. ainsley: harvard professor. >> i think president trump's decision to recognize jerusalems a the capital of israel is the perfect response to president obama's outrageous orchestration of the security council resolution which he pushed through as a lame duck that declared the western wall to be illegally occupied territory. the hebrew university. the hospital. the jewish quarter according to this resolution was basically pushed through by obama. these outrageously flailing grants violations of the international law. the best response to that

horrible resolution is for the president to say we don't accept the u.n. resolution. the best proof of it is we are going to recognize jerusalem is the capital of israel. you safe it's occupied. we say it's the capital. pete: irony the status quo hasn't worked at all two. state solution is dead. peace process. many people at the "new york times" and others suggest this hurts the peace process. the pope said that as well. we had a previous guest on kiron skinner said it could propel the peace process hope and honest what's happening on their ground. taken american leadership vis-a-vis israel. harry truman, the united states was the first to recognize the state of israel. we will be the first now and this president, president trump the first of three successors to actually do what he said he was going to do on the campaign trail. clinton, bush and obama all promised to move the embassy and declare it as capital.

brian: we did it anyway. i'm fascinated to see the reaction. the huffington post says the president has blown the peace process right now. ainsley: i don't think the president cares. he doesn't care what huffington and erdogan things. brian: those two people. pete: ultimately they have never done anything for the palestinians. they know the democratic free israel is likely more -- is going to contribute more to a peaceful middle east an anything they have done. brian: syria, iran, against saudi arabia u. saudi arabia, sunni-she a. it looks like saudi closer to israel than ever before. of course republicans are not going to be happy with the probe republican administration. now they are getting proof what many people actually had suspicion of, that there might be an agenda sadly

within the fbi against the trump administration. pete: et house intel committee has threatened contempt to both the doj and fbi. meaning have you got to turn over what you have. they want to see what these text messages said the one that peter strzok that got him fired from the special counsel. we will find out what those text messages were. there is a photo of the former fbi agent who worked on some of the political aspect of the hillary clinton probe. the dossier and the russian probe and now the special counsel. he is fired. we want to know why and how much bias. ainsley: house intelligence committee representative peter king is leading republican from new york from long island. he wants to question them. he wants to review text messages and emails and contacts. he wants to ask him why are you questioning michael flynn? can we trust this individual to be objective? yes, he works for the fbi. we want to believe that that agency can be objective even though they do have strong political views. but this is someone who is working on the

investigation. should he be sending his mistress text messages about how much he hates this current president? brian: when you look at his actions. why are they looking at president trump? wife was he being friendly to russia? why was there interactions. why was don jr. meeting with someone from a russian envoy a lawyer? okay. we could also try to find out because we want to make sure this probe is fair and balanced of why you are doing certain things. for example, you are the one who interviewed cheryl mills, did you know that cheryl mills -- do you remember that cheryl mills told you she didn't know anything about hillary clinton's private server? it turns out of according to transmissions and emails that you did know? why isn't cheryl mills being hit with some kind of lying to the fbi. makes you wonder if there is an agenda. then there is this story andrew weissmann number two on mueller wants team. turns out when he stood up to president trump i will not enforce the travel ban.

he fired her. emails how inspired he is by what she did. here is exactly what he said. i'm so proud and in awe. thank you so much in all my deepest respects andrew weissmann. pete: really mincing his words there the leader of the resistance sally yates refused to implement the travel ban there was now special counsel at this point. thank you to the judicial watch for fighting to get these records out. this is why we know about this email. >> he writes this email basically saying how proud i am of you resisting the president. this is the be special counsel. leads to you believe can president trump even remotely get a fair shake? >> i don't know. that's the question. you want to believe the fbi can be objective. have you two individuals sending emails and text messages behind the scenes to people within the fbi and part of this investigation and they are saying how much they like hillary clinton. how much they hate the president. and they are investigating

him it just looks fishy. pete: we all know anyone in government especially the fbi you have a political perspective because ultimately you live in arrested would of politics. can you strip it aside? and we are starting to learn more and more that the deep state has its clutches. in the clinton emergency has its clutches. in and it's been the special impeachment counsel from the beginning. doesn't feel fair and balanced. ainsley: there needs to be a rule and i'm sure there is. that you can't be biased. you can't each talk about your political leanings to even people within the fbi or even people that -- i mean, you can't be biased if you are involved in this investigation. pete: that's what reporters. ainsley: if you are part of a jury you are not loued to go home and discuss it with your loved ones. brian: can't discuss it with people you don't love. sarah huckabee sanders do you believe that mueller is biased she said we have seen reports that are concerning. we are investigating. pete: they shouldable. a group of lawmakers will

publicly demand a special investigation into the fbi's treatment of hillary clinton as we have been discussing. one of those congressman in the middle of it jeff gates joins us live next. brian: a baker, defending himself after refusing to serve a same sex couple and making a cake for them. that baker joins us exclusively live next ♪ all right now ♪ baby, it's all right now ♪ all right now ♪ base it's all right now ♪ everyone deserves attention, whether you've saved a lot or just a little. at pnc investments, we believe you're more than just a number.

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brian: today, on capitol hill. a group of republican lawmakers set to publicly in and an investigation into the alleged special treatment given to hillary clinton by the fbi. one of those lawmakers, house freedom caucus member congressman matt gates joins us now. congressman, what bothers you most that has been revealed already about the way hillary clinton was treated throughout this campaign? >> well, it's deeply troubling that you have got a legal double standard that's playing out before our very eyes. as you just reported in your last segment, brian, have you people who hate the president who have a bias against him investigating him. meanwhile, you've got the hillary clinton fan club involved in the decisions

that relate to her illegal conduct. as members of congress and as a member of the judicial area committee. we have got to make sure that this double standard doesn't apply going forward. what's most troubling is you had andrew mccabe the current deputy director of the fbi designating the hillary clinton email scandal as special. and not going to go through the normal investigative procedures. but it would be handled by a small team. so hillary clinton gets special justifiable. and at the same time we're sick of people who hate the president who have a bias against him on him and that's deeply unfair and something we have got it look into. brian: it's not just hearsay. here is the quote on people on mccabe. the people made to investigate it at head quarterbacks with a small team. the washington field office provided personnel to the effort. it was referred to as special and i was not given any details about it that was mccabe who, by the way, cannot go in front of the investigative committee. he has a scheduling conflict. one person will be going and that is peter strzok. so you have a problem with

peter strzok who has been struck out of this. who struck out of this investigation. but his fingerprints were all over. this he did the 35,000 emails anthony weiner's laptop. he is the one who interviewed hillary clinton. he is the one who maybe trapped michael film knowing that he had the intercept. so the damage has been done from strzok. i'm curious when mueller knew that strzok might have been compromised. >> you are absolutely right. the other thing we have to find out is what role did peter strzok have with the fusion dossier. you will remember, brian, attorney general jeff sessions would not tell people in front of congress whether or not taxpayer money was used to go and buy a dossier to discredit the president. was peter strzok involved in that was he involved in carrying the information to fisa court to warrant to spy on american citizens. tomorrow the director of the fbi christopher wray will be before the judiciary committee and we want answers. we have got to find out

what's going to be done to clean up the deep state that is discrediting the rule of law in this country giving special treatment to liberal democrats like. were. we got more prosecutors investigating the president and his team than we had investigate the oklahoma city bam collusion. adoes the crun troy move on. time to reestablish the rule of law. brian: we when have you this press conference today with other lawmakers of the freedom caucus. do you have questions about jeff sessions. do you have questions about rosenstein. those two guys were put there by president trump. >> jeff sessions needs to do his job. we have had over 20 members of the judiciary committee calling for a second special counsel to look into hillary clinton. substantial evidence that hillary clinton, the dnc and her team were involved with

russians to discredit the president of the united states. both before and after his election. so we like to see the attorney general step up justice to hillary clinton. meantime clean out the deep state of these people who are so biased against donald trump. they are prejudicing the american people and putting a cloud over his administration that he does not diseerve. brian: what i just noticed over the last few weeks congressman in great numbers seem to be defending the president. >> it's a good sign, finally. we need to do our job too exercise our oversight over the fbi and department of justifiable. we will start that really in ernest today. brian: we will hear it and wait for it congressman matt gates, thanks so much. >> thank you, brian. brian: landmark case religious freedom at supreme court baker defending himself after refusing to serve a same sex couple. that baker joins us live next. and do you love watching rudolph this time of year? it turns out the beloved

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ainsley? ainsley: now facing the illegal immigrant who was acquitted of murdering kate steinle is now facing federal charges. a federal grand jury indicting jose garcia zet. each violation carries up to 10 years in prison. last week attorney general jeff sessions blamed san francisco sanctuary city status for steinle's death saying they allowed a man who had been deported five times back on the street. pited pete it's a landmark supreme court case that could change religious freedom rights in america. opening arguments started for 2012 baker phillips who refused to make a cake for same sex couple because of his religious beliefs. ainsley: will the court protect his religious rights. the owner of cake shop and kristin wagner the attorney with alliance defending freedom they both join us now. thank you so much. >> good morning. ainsley: jack, i want to talk to you about the

supreme court and your reaction to what happened yesterday. >> pretty amazing event now we just hope that the court looks at the case and professionals are able to create according to conscience. pete pete jack, to get more background on, this you own a cake shop, is this an instance where you were going out of your way to find a same sex couple to offend or did a customer come in and you said hey, it's just my belief system that i can't do that? >> yeah. they just came in looking for a cake that i could not create. i do serve everybody who comes in my shop. >> jack told them he offered to sell them anything in the store. offered to make them over premade cakes. he couldn't express that message in his cakes. it was simply that the event and the message that they were asking for at that time. ainsley: why couldn't you serve them? why did you say i'm not able to make you a cake? >> because they were asking me to create a cake that

would celebrate a view of marriage that goes against the core values of my faith's view on marriage. pete: kristin, critic also call your client's position intolerant. you say it's actually real tolerance is allowing someone to express their religious beliefs or free speech perspective. is that ultimately what this case is about? >> it is because the same law that applies to jack forces him to violate his conscious applies to atheist singer who would have to perform in easter religious service or catholic filmmaker have to promote the church of scientology or oil painter have to paint a portrait of mohammed violating their convictions. this is much broader expands to all craivel artists not just thos just painting on a cake. ainsley: what is you're reaction when justice kennedy said tolerance is essential in a free society but important for tolerance

to work in both directions? >> i was relieved because to have a commissioner who is deciding jack's fate who took the work from him that he loves and deprive him of his business circumstantial, 40%. that kind of bias put into action violates our constitution. and so i'm glad that the court is concerned about it. pete: jack, we are talking about this at the supreme court constitutional level because that's what it's come to. what has happened to you and your business since this all started? >> you know, it's been very hard on us and our business. like kristin was saying. we have had this wedding cake business which is 40% of our income. i have lost over half my employees. and we have faced death threats and harassment of all kinds. so now we just hope that the court will rule in favor of creating professionals so i can go back to making the cakes that i can according to my conscience and that nobody else will have to endure what we have for the last five years.

ainsley: we got your reaction from what justice kennedy said. this is what justice sotomayor questioning your claim. she says there are sandwich artist because is he claiming is he a wedding cake artist now. there are people who create beauty in what they make, we still don't call it experspective and entitled to first amendment protections. >> it's not just about beauty. it's about speech. there is a lot of precedent that defines what speech is when jack has to write a bible verse on a cake. when he writes words and symbols and when he creates a cake that when you walk in a room you know a wedding has occurred and that that union is a marriage. that's expression just as abstract painting. just as a poem. those things may not make any sense. half the sculpture we see doesn't mean anything to those viewing it. it's still art and still protected. justifiable sotomayor was wrong on that point. pete: this is obviously about the government, too. they can tell a private business what you can and cannot do. that's the kind of government overreach a lot of people are worried about. >> oh, absolutely. this idea that the government has recognized

same sex relationships and now the other side can go to the next step and require people to affirm ideas and beliefs and express messages that violate their convictions it's not constitutional and it's not american and it is extremely dangerous. pete: that's a great point. tolerance is not necessarily affirmation. it is tolerating something you may disagree with. jack and his attorney kristin. thanks so much. >> thank you. >> thank you. pete: up next on the rundown, never trumper, jeff flake turning his back on his own party again with one check. we'll explain. ainsley: just when you thought she couldn't go any lower. chelsea handler just went after sarah sanders' looks. the press secretary's dad, former governor mike huckabee joins us live. ♪ growing up in a little pink houses ♪ making out on living room couches ♪ blowing that smoke

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i will begin the process of moving the united states ambassador to the city of israel. >> jerusalem will remain the capital of israel and it must remain undivided. brian: sounds good. but there is only one president who is actually going to do it and it is president trump. joining us now is mike huckabee former governor of arkansas. host of a great show on another channel. i can't promote it but it's great. as being advocate of israel you are at the top of the list, perhaps. what does this mean for american american israeli reels. >> we are finally doing something we should have done a long time ago and every president promised. that is to recognize that jerusalem has been the capital of only pun people over the past 4,000 years and that's the jewish people. it has never been the capital for any other people. the palestinians are a relatively new creation. they didn't come in to being

until 1962 when yasser arafat free usely took that name. previous l. aid ploo to jewes and decided they would be a nation and people and demand that capital. nonsense. this is where the jewish state should have its undisputed capital. it's historic indigenous land. and it's the right thing to do and it was the right thing to do over 20 years ago when presidents started saying they would do it. pete: governor, that's my question. bill clinton said he would. george bush said he would. even barack obama said he would at aipac. wha>> he has the courage others didn't have pure and simple answer. the reason they always pulled back because told if you did you are going to create a very tense situation. pete. you know this to be true already tense situation. violence never subsided. every time israel has made

concessions and they have made unbelievable concessions. they got nothing in return. except more contempt, more violence, more outrage from the very people that they were supposed to be helping. look, the palestinians and i saw one of their representatives talk about how well we just want peace. quit naming streets and schools after terrorists. quit giving financial payments, including lifetime benefits and salaries to the families of terrorists who kill jews. that's a good start. until then, don't talk about peace process because there isn't one. this is a wonderful thing the president is doing. and they there may be some, you know, blow back. quite frankly if you look jordanians, the elm rites. the saudis, none of them want really to get involved with the palestinians. i don't think while they may beat their chest they are not going to do anything about it frankly, it is not in their interest to engage with the people who still

promote terrorism. >> governor, the post is weighing in on this. he is saying it is about peace or lack of peace. this is not going to help the peace process. i was shocked by that i thought the pope of all people would support israel. what were your thoughts. >> i was little surprised but this pope has taken some very interesting positions on a lot of things. i'm not catholic so i guess it's not fair for me to try to judge what the pope said. but the pope, this is a bold statement. the pope is wrong about this. pure and simple. the pope is wrong. he cannot point to the fact that this city, jerusalem, has ever been the capital or the home base for any people other than the jewish state. it just hasn't. it's been their capital singularly in 4,000 years of the time that this city has existed since king david. it's just that simple. pete: if anything it's only been occupied by others at different periods of time. >> it's been occupied but it's been the capital for the jewish state.

>> the pope doesn't seem to like america very much. doesn't like presiden presidentp very much judging by actions. talk to somebody doing incredible job that is your daughter as press secretary sarah sanders. that's my view but not chelsea happened ler's view. she is continuing to attack your daughter personally about the way she dresses and the way she looks. what's your reaction to that? >> well, the things that chelsea handler said were vile and vulgar. i'm surprised there were not women on the left who had the decency to call her out for this. i know you are probably expecting me to be very angry about it truthfully when i read what she said and watched it, i felt sorry for her. i feel sad for chelsea handler. she seems like a very angry and bitter person. she is almost as old as me. this is the part of her life she needs to start mellowing out. she seems to be enraged. she boasts about the two abortions she had at 16.

in many ways she is jealous of my daughter. my daughter has a husband who loves her and is wonderful to her. my daughter has three delightful children. she is a happy, balanced person. she enjoys life. she is a pretty straight-laced person. goes to church and lives a life chelsea handler has never known. i really think there is something deep inside of chelsea handler that says gee, i have missed out on a lot. i could be raising children but i aborted then. i know that's harsh but i'm not angry for her. i feel for her. i truly feel sorry for her. i feel she is lashes out at a life that she just doesn't understand and has never been able to embrace. that's sad. no reason to be angry at chelsea. you know, pray for her that she will find some peace because she doesn't have it right now. it's pretty evident by the tone of voice that she is an angry, bitter and frankly lonely person. brian: that was the most mature, deep-thoughted reaction to any tough

question i have ever heard as a father, your religious background and commentator. great job, governor. ainsley: great job, governor. god bless you. thank you. brian: am i wrong to be angry? i wish i could be that big of a person. ainsley: now i feel bad i would say i'm furious if someone said about my daughter. i need to pray. pete: why are liberals so angry? ainsley: double standard for liberals to talk about women's appearances. hillary clinton said we need to build each other up. not that we are bringing hillary in to this. maybe she would disagree with chelsea. i think she would. brian: didn't madeleine albright say there is a special place in hell for any woman who doesn't support another woman? >> 20 minutes before the top of the hour i will look to ainsley to read. ainsley: jeff flake jeff donated a $100 check to democratic alabama senate candidate doug jones. flake posting this picture to his twitter account.

the move coming after president trump endorsed republican roy moore allegations of sexual harassment. >> i do think the president is wrong here. and i think it will negative impact on the party in the long term. ainsley: voters head to the polls next tuesday. kristin kneilson is the next secretary of homeland security. the senate confirming her to permanently replace john kelly who left in july to become white house chief of staff. nielsen previously served as chief of staff. testing border wall proto types in california. officials will try to scale the models and use tools like jack hammers to saw and saws in order to try to breach those walls. listen rudolph the red nosed reindeer is racist and

sexist. calling the movie rudolph the marginalized reindeer. >> stop calling me names. ainsley: they say rudolph is abused in the film because he is different and santa exploits his abnormalities for personal gain. brian: without rudolph they don't make it through there. rudolph mocked for one thing yet he was able to utilize. pete: the abnormality was an asset. ainsley: first half is sad. get through that and then he is redeemed. brian: right. we don't want to give away the ending. ainsley: only seen it 5 million times every christmas. pete: president trump hosting small business owners at the white house, including our next guest. a vernal who you see giving a flag right here to the president. why he says this tax plan is critical to saving small businesses. brian: should welfare recipients be drug tested to get food stamps? it's one step closer to

happening in some states. ♪ ♪ lower back pain has met its match. aleve direct therapy. the only remote controlled tens device that's drug free, wire free for deep penetrating lower back pain relief. and now get aleve direct therapy. available at walmart. 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.

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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. pete: president trump sending a white house welcome to small business owners and their family, push to get tax reform across the finish line. >> we have great families, middle class, i guess at a certain point you will be making so much money. they won't know what to do with it. >> brian was in that meeting and he joins us now from our nation's capital. brian, thanks very much for joining us this morning. our viewers should also know 15 years injured. came back from mission flags of valor.

president tax plan and flags of valor. >> one, thank you so much for having us. pete: of course. >> flags of valor is a company combat company that are creates wooden american wall art. we used to have five employees and now we have 20. most of that is due to us being on fox last year. we want to say thank you for that. brian: of course. thanks our viewers who love causes like this. vets come home and continue to give back. you said your organization has grown significantly. making it a small business now of its own. as a result, you find your way into the oval office yesterday talking to the president. you handed him a flag as well. what was your message to the president at this moment? >> well, it was a great opportunity for four business owners and their families to go and as an entrepreneur, it was incredible opportunity. as a father and husband, to be invited by the president and to be able to explain to him that, you know, less complexity and lower rates will enable us as a small business to be able to, you know, use those funds and money back continue to vest

in our people and our company. and for potential growth opportunities. and that's what our mission is about. pete: for whatever you can share take us inside that oval office what did the president say to the group and to you yesterday. >> the president was amazing. he was very patient. he came in and spent about five minutes with us. talked to all of us individually. talked to our families. very genuine. and then the press came in and, of course, we were shark attacked by the press, which is great opportunity for us to see how that was. but just telling us about the tax reform bill and how it will impact us from small veteran company like myself all the way up to a big technology company like one of the other business owners that was there. >> brian, you not only attempt and do make a profit as a small business but you also give back. tell us more about what flags of valor do. >> absolutely. giving back to one of the major things that we do. one of our three pillars. we donated hundreds of flags to first responder communities to veterans, to nonveterans to. schools. we have had an opportunity to raise $600,000 in the

last two years for, you know, a lot of amazing nonprofit organizations and other organizations. pete: brian steorts the company is flags of valor. >> thank you so much. if anyone needs any information on us we are at flags of valor.com. pete: flags of valor.com. good stuff. >> absolutely. pete: what does ben shapiro think about the announcement to move the u.s. embassy to jerusalem. if there is one guy's opinion i want to know it's his. we will ask him next hour. should welfare recipients be drug tested to get food stamps? sounds like it makes sense to me. wisconsin governor scott walker wants to make it happen. their lieutenant governor wants to tell us about their plan coming up next. ♪ that's what i want ♪ that's what i want ♪ that's what i want ♪ that's what i want ♪

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ainsley: wisconsin one step closer to drug testing food stamp recipient. test able-bodied results a path to treatment to those who don't pass. scott walker treated this our bold reforms are rewarding work and assistance a trampoline not a hammock. groing us now to discuss is lieutenant governor of wisconsin re. thank you for being with us. >> my pleasure. ainsley: what is the point of this is i know you are getting backlash from the left. we will talk about that in a moment. why are you deciding to to do this. >> wisconsin i would love to say is in a really unique situation with so many jobs and not enough eligible workers to take them. but it ends up we're not that uncommon any more with

this rapid economic growth across the country. it ends up we can be an example for heck toes would have been 90,800 jobs open this morning in our state free job search website. yet, at the same time we only have about 40,000 folks on unemployment. so you see the miss match mismah there. we need more eligible workersen in the game. all hands on deck type situation. this is one of the ways we will get more hands on deck. ainsley: how does the plan work? who will be tested? >> well, all of our folks who are both childless and able-bodied who are currently receiving food stamps here in wink are eligible to move into what we call our food share employment training program. that's something that we have really invested a lot in in fact about $60 million in order to get folks either working or job training 80 hours a month so that one day they don't need food

stamps anymore. they just can take their paycheck to the grocery store. but, in order to be eligible to do this, we want folks to take a drug screen u so there are about 67,000 people who would be eligible to take this drug screening and then after the drug screening, we'll identify those folks who may have to go for a drug test. someone who may actually have an addiction issue. after they are identified through the drug test as having tested positive, we're going to help them. we're going to get them through rehabilitation and in to recovery. so that they can get a job and get connected with the economy. so that one day they won't need to be on an entitlement program anymore. if a compassionate and i think kind of a cool way to get people reengaged in work. ainsley: it sounds wonderful. it gets many of these folks on food stamps might be on the street or bad situation get job, help and not relying on the government.

what are the critics getting wrong here? >> well, the critics say they are getting wrongs the fact that this is a means to an end. and the end is the dignity of work and an opportunity to climb the ladder to your own american dream. that is something that everybody is entitled to in this country. even those folks who may be down on their luck for a minute or two. and today there is really no reason to be down on your luck when there are so many job opportunities in wink. like i said, we have 92,000 of them. we're about to have a couple really big employers come in to our state and they are going to need an additional 13,000 people. and we have got a couple others who are going to need a couple thousand, a couple hundred. and then an additional 22,000 jobs will be created as a result of those. we just need more people with talent who are clean, who can go in to our workforce. see, wisconsin has an agriculture and manufacturing economy.

in order to work in those fields, you have to test clean. you can't test dirty. you can't be on drugs. ainsley: rebecca kleefisch, lieutenant governor of wisconsin. more "fox & friends" after this. ♪ ♪ for those who know what they're really building. always unstoppable. here's the story of green mountain coffee roasters sumatra reserve. let's go to sumatra. the coffee here is amazing. because the volcanic soil is amazing. 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.

ainsley: president trump making good on another campaign promise. brian: in just a few hours, he's set to announce that the united states will officially recognize jerusalem as the capital of israel. >> if bob mueller's integrity in question and now number two, it's literally writing e-mails to sallyiates the resistance against president trump. how much more evidence do you need? >> another tough day for thousands of firefighters as they battle to save thousands of homes across southern california. >> federal officials have filed new charges against the legal immigrant recently acquitted in the murder of kate steinle. >> national anthem protest now colin kaepernick is picked for

yet another honor. >> with or without the nfl's platform, i will continue to work for the people because my platform is the people. ♪ ♪ ainsley: well, good morning. it is a wednesday morning here in new york city. we're glad you're joining us. pete: and i literally hope -- steve: here we are on the second floor. brian: we use -- nine positions in this studio. start moving around. on the applause. i want outnumbered on their feet, i want the five on their feet, i want martha on her feet moving around like us. they made a choice to sit. match us. i'm calling them out. ainsley: good to have you here

this morning. pete: good day. historic day. brian: i thought historic days we're going to be talking about investigations and maybe funding for the government so we wouldn't have to shut it down but instead, the president kind of surprised us. pete: he surprised a lot of people because it has been 70 years that the jewish state has existed. but today at 1:00 will be the first time that the united states of america ferociously jerusalem as the capital of israel and likely triggered the process to move to tel aviv. ainsley: what the un wants us to feel or wants us to do, this president is saying we are putting america first, israel first and saying we are declaring jerusalem as the capital as well. brian: we have jerusalem allies, arab allies but jordan is urging us not to do it. saudi arabia is urging us not to do, erdogan is saying not to do it and the pope is

saying leave the status quo the status quo. >> the pope and some people are against it, or they're puffing out their chest but know a thing or two about jerusalem. we had them earlier on the program. and he made the full case about why this is a good move. take a listen. >> this is where the jewish state should have its undisputed capital the historic and indigenous land. and it was the right thing to do over 20 years ago when presidents started saying they were going to do it. ainsley: this president doesn't care what erdogan or saudi arabia think so, he's not going to let fear. because what does it mean for protection about that embassy. because we have thousands of employees in that building. >> three other presidents preceding this president,

promised to move to jerusalem and never did it. so they made a campaign promise, did not follow through because there will be complications, brian. we talked about the peace process. what is the -- is there a peace process at all? and what does this do to affect it? brian: you know what it's going to help? it's going to help the meeting with schumer later today. senator schumer advising president trump. he said i advised them to declare jerusalem as the undivided capital. so we're even saying it could be divided. but senator schumer says i'm all in on this. skinner of the hoover institute, fox news analyst, she weighed in with pete earlier. >> it shows that the united states has resolve. it's a very directed and narrow and specific act that the united states is taking. the president is not trying to resolve sovereignty issues. so i think in the long run, it will actually help jump-start the middle east peace process because the united states is

the only outside power that has been the main facilitator of the peace process, and it will be needed in the next round of those negotiations. pete: critics say this will disrupt the peace process. previous presidents have not declared jerusalem a capital and not been able to get peace done. maybe our negotiator in chief is able to say let's just recognize the obvious. jerusalem is the capital of israel. divided -- we believe -- i believe undivided, but it's still divided in its physical spaces these days. and then let's start the negotiations on a honest footing. ainsley: all right. moving on. what is the most antitrump text messages that were sent by that fbi agent to his mysteries? we're going to find out soon because the da agreed to hand them over by the house intelligence committee. representative peter king wants to question this guy. wants to review his e-mail and

contacts. brian: yeah, and, by the way, it got everybody's attention. people had questions about andrew mccabe because of his wife's links to terry, obviously a democrat. and this guy peter struck, number two of counter terror, did almost every major interview having to do with hillary clinton and donald trump and the russian involvement in our elections, including michael flynn after the election was done, he was five days in when he gave a -- actually, questioned michael flynn at which time he wasn't candid, and he got himself in trouble. but it makes you wonder why is it okay for -- why isn't michael flynn to pay the price as the president brought up? and some around hillary clinton not being candid. it's with the same guy, and they were not given the same -- they were given a lot of latitude to lie to the fbi. pete: it looks like a double standard, and that's why these text messages -- we're getting a chance to see them.

but, again, it took a congress threat just to get the doj and fbi to cooperate to hand these things over. brian: appointed by the president. attorney general appointed by the president. rod rosenstein appointed by the president. this should not be a problem. and then the revelation about this guy named andrew weissmann. was found to have sent an e-mail after stallyiates refused to honor president bush for a travel ban saying this. i'm so proud and in awe. thank you so much. he's number two on the robert mueller probe. pete: deputy. ainsley: who was appointed under president obama. remember right after the inauguration the president ended up firing her? she's right here on the right because she didn't support the travel ban? and then andrew weissmann, the guy that brian's talking about. the prosecutor in the robert mueller russia probe. so he's probing the president. he's the number two guy and clearly supports and on my

sallyiates. pete: and it's not like the e-mail was, like, tough call. you're in a tough situation. it was i'm so proud. i'm in awe. thank you so much for standing up against, resistance this president for the short period she could because the president fired her and was eventually able to bring in jeff sessions. but to say that -- wise man was also a max out donor to hillary clinton and president obama. look, i understand fbi agents are allowed to vote for people and give money and evan has their own perspective. but it's when the evidence becomes overwhelming that it's constitutional to the rule of law and president trump can't get a fair hearing, this needs to be investigated because the double standard is so glaringly clear with hillary clinton, at least what's being done to the trump administration that the scales of justice have been tilted, and they need to be corrected. ainsley: and you want to believe they need to be objected. brian: just thinking the fbi work for the truth. but so far at the top, people are wondering and eyebrows are

raised. meanwhile, congressman matt gates has seen enough. he along with other freedom caucus members will be actually having a hearing today in a mini-press conference to talk about and analyze the special treatment of hillary clinton. that isn't my term. that's a term used by number two deputy fbi director acting director andrew mccabe. here's what congressman gates told us this morning. >> meanwhile, you have the hillary clinton fan club involved in the decisions that related to her illegal conduct. and so as members of congress and as a member of the judiciary committee, we have to make sure that this double standard doesn't apply going forward. and what's most troubling is that you had andrew mccabe, the current deputy director of the fbi did he saynating the hillary clinton e-mail scandal as special and not going through the normal evident procedures, and it would be handled by a small team. so hillary clinton gets special justice and at the same time we're sick of people who hate the president, have a bias against him, and that's

deeply unfair and something we have to look into. pete: none of this was supposed to be exposed because hillary clinton was supposed to win. instead, the wheels of justice spinning back in that direction. it takes time after these documents, house committees, we're going to get drip, drip, drip. where did that russia, russia, russia go? turns out there was a lot of cover-up. brian: we're talking about collusion and obstruction and how long are we going to be talking about obstruction? meanwhile, you don't have to go far to find out who's doing the headlines. some say it's ainsley earhardt. ainsley: attack near the u.s. embassy in cuba have brain abnormities. medical testing reveals workers develop changes to their white matter tracks that allow different parts of their brain to communicate. officials have spent months trying to figure out exactly what sickened 24 embassy workers and spouses at their houses and hotels last year. cuba has denied any involvement. the illegal immigrant

acquitted of murdering kate steinle is now facing federal charges. a federal grand jury indicting on immigration and weapons charges. each violation carries up to ten years in prison. last week, attorney jeff sessions blamed san francisco sanctuary city status for kate's death. moments ago time magazine naming silent breakers. the 2017 person of the year. the group is known for the #metoo movement, which draws attention to sexual harassment. features taylor swift and ashley judd on the cover. last year's winner is now the runner-up. chinese counterpart coming in third place, the president of china and every year time magazine chooses a person or a group who has been at the top of the news headlines over theiary. what do you think of that? >> the grinch who stole the

life-sized elf. the elf on the shelf right from the park. now police in the town and kids are pouring onto social media. >> i would really like if you brought him back and if you are watching this, please. >> rescue quad created three years ago. they posted to social media on social media for his return. we have contacted the north pole, and we believe they are sending us some help to locate zippy. stay tuned. pete: zippy gate. ainsley: he's on the run. got to bring him back. brian: listen, we'll follow that story. but we have something else on our minds. still ahead, she's been following the russia probe scandal since the beginning. sarah carter says more bombshells are coming, and she is on deck. pete: and deck the halls with hillary the treetopper.

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brian: all right. the doj agreed to hand over the antitrump texts. we've been talking about this all morning. this as bombshell new details reveal new clicks of interest as it comes to the mueller probe and think about the consequences of all of this. so can it still be conducted fairly? has it ever been? investigative reporter sarah carter has been following these scandal since the beginning. she joins us right now to weigh in. first off, we knew about strock. now today and last night we're finding out more about andrew weissmann. why should we care about andrew weissmann, sarah? >> well, he's central to the case. he's central to the special council's investigation. and now that we the president. he sent these text messages. judicial watch was able to get their hands on all of these e-mails through sallyiates and other members of the department of justice. it's incredible. i know i have been asking for

months now for those same documents. and what we see is that they were openly discussing how proud they were of sallyiates that she stood up to the president on the travel ban. and now this relationship is important because remember, it was sally yates, who was pushing, pushing, pushing against michael flynn. and she's the one that went to the white house and reported that could be possibly blackmailed by the russians and had the tax cuts. and michael flynn, that was a mask. that was a real crime. so they're going to be looking as well who leaked michael flynn's name to the washington post. how did that conversation with kislack come out? and remember, they already knew what he said. so when they went in to interview him, and this was very important. they went in to interview him, one of the two that interviewed michael flynn was peter struck, who we now know was involved in all of this and, by the way, also had text messages between his lover that were very antitrump and very pro hillary. brian: so there's a couple of things going on here.

so if yates is the attorney attorney general, mueller hires weissmann as his number two to do this investigation. so what is he trying to do? did mueller do a background check or was he looking for people who were slanted to the left that would aggressively be opposed to donald trump? >> well, i find it very hard to believe, brian, that mueller didn't know. he's a very detailed-oriented man according to everyone that i know that has worked with him. he's very thorough, so he would definitely know who the players are. who the people is that is hiring in his own team. so there's no way to say that i can't decide. i can't tell you how mueller was thinking or do you know where he was doing what he was doing. i know that the concern is and speaking to members on the hill that they are very concerned about how all of this played out, and that's why there's this investigation. and remember, ray is going to be testifying, and that's very important. brian: right. he's the new head of the fbi. so you believe when the president pointed out, some

were critical, ray pushed back. but there is a problem. 27 separate investigations done by the inspector general into the fbi. >> well, we don't know if it was the fbi but there are 27 leak investigations right now. that is significant. that is huge. it's, like, three fold what is before. a lot more information is going to come out. i think it's going to be a shakeup. i think for the men on the ground and the fbi and women who are on the ground fighting every day working on these investigations, it's -- they're still pushing forward. but for the senior level executive, it is. brian: well, for the people that know, come forward and restore and make sure that the fbi keeps their reputation. thank you so much, sarah carter. >> thank you. brian: meanwhile, ten minutes before the top of the hour. wildfire burning out of control in california and there's no relief in sight. we're live on the ground

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pete: we are back with a fox news alert. wildfires now burning out of control in southern california. people in a race for time to get out of their own homes. our own brent joins us live from southern california where those fires show no time of slowing down. jonathan, good morning. >> good morning, pete. i'm standing right now in the middle of what was quite likely somebody's dream hill. we're in the hills high above the city of ventura. this home had views of the

twinkling lights of that city and beyond that, the pacific ocean through the trees. and you can see it right now. absolutely nothing left. and what we are learning from people who were in these homes was that the wind-whipped fires moved so quickly, they had little time to grab any of their possessions, and you can see as you look back here towards the house and the iconic chimney stack we see so often the only thing left standing in these situations is that if they left their possessions here, they are not going to get anything back at all. and remember in all of this, with just a couple of weeks out from christmas and literally hundreds of families are going to come back to these kind of homes in the city of ventura and find there is nothing left. this, of course, not the only fire raging in southern california, although, it is the biggest at some 50,000 acres. there has always been a really tough fire -- that firefighters are battling in

sylmar. that is directly north of the city of los angeles. that one at 11,000 acres. dozens of homes destroyed there and firefighters are battling as best they can with all of these fires. the good news this morning, pete, is that the santa ana winds that died down a bit, but they are coming back later today. long, hard fight ahead, pete. pete: jonathan, thanks for the report. appreciate it. stay safe. ainsley: some democrats are convinced new tax plan signal the end of the world. >> this is armageddon. this is a very big deal. they take us further, more deeply into debt. what can you do but raise taxes? ainsley: and some on the left complain that the tax plan steals from the middle class, they neglect to look at what things like illegal immigration are actually costing the middle class. taxpayers in this country.

a new study from the federation for american immigration reform reveals that taxpayers end up footing a 135 billion-dollar bill every year for illegal immigration. so is that evidence of a double standard? founder and president for center of renewal and education and the executive director for the national immigration forum. i'll start with you. what do you think? >> well, i think that president trump has an incredible opportunity to actually solve this problem for the american taxpayer. in the next few weeks, we've got to decide how are we going to keep the federal government open? so president trump is going to have one of two scenarios to choose from. he can sign a budget that will begin the process of the deportation of nearly one million dreamers. that will cost the american taxpayer $20 billion and the gdp significantly. on the other hand he can make a great deal that brings these young people into status, makes them, their families, and their employers, which is very important, taxpayers,

which is a net benefit to our economy to the tune of, you know, $20 billion in california, to the tune of $11 billion in texas, to the tune of $4 billion in texas or illinois. that, to me, is a great deal to make and luckily, we've got the best deal maker ever as president. ainsley: star, in the beginning of this segment, we talked about how the democrats are saying that this is robbing the middle class. nancy pelosi think so that the middle class is going to be hurt by this. the poor people are going to be hurt by this, that it's robbing them of their money. but then if you look at what illegal immigrants are costing taxpayers or costing the middle class and these low-income individuals, it's $135 billion a year. those numbers are staggering. are you -- how do you feel about that? because you're a hard-working money. you're paying a lot of money for people who aren't paying into the system. >> that is exactly right and there is a concern and daca is a concern and immigration he form, but it's a separate issue. when you're talking about this

tax proposal, this will stimulate our economy. economic policy should not be rooted in envy, for one. and that democrats are just grasping to rev up resistance because they're losing. what has happened now is trump and the gop administration here have been able to come together and say we're going to take issue by issue. and on this tax plan, what they have discovered is that if they stimulate the economy to reduce that corporate tax rate that the rich people will spend money. when rich people spend money, poor people make money, and that's one of the things that democrats do not want to admit when they talk about taxes. i'm fascinated now that they're so concerned about the debt. but i'm also glad that the trump administration when we finish this tax plan will move on to welfare reform, so that means we'll reduce the debt. ainsley: what's your message to the president? >> my message to happen is that we can be both a nation of laws and a nation of grace. the tax plan is hurting. i think we have the potential to put money back in the

pockets of taxpayer. but let's pass immigration tax reform to make sure that these dreamers are full-fledged americans who are paying their taxes and, again, more importantly that the employers are paying taxes. that's a great deal for americans. ainsley: thank you so much for joining us. have a great day. kate steinle's killer now indicted on federal charges. could there finally be justice for the family? senator ted cruz is join us on that. and here's a live look at jerusalem. president trump just a few hours from now will officially announce his plan to move our embassy to that holy city. ben shapiro says it's about time. he's next when it comes to heartburn

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trump: we will move the american embassy to the eternal capital of the jewish people jerusalem. brian: and the crowd restraininroared. pete: presidents before have said it. today it looks like he's going to do it. ainsley: today at 1:00. that makes ben shapiro pretty happy. columnist and host of the ben shapiro show. what are your thoughts? when did you hear that he was going to do this? >> i heard actually off the radar last week, and i kept it under wraps. i was pretty excite about that. it's not only an act of political bravery but moral courage to move the embassy. but just to recognize that jerusalem is israel's capital. the absurdity of the policy suggesting that israel is not the capital. it says on her passport jerusalem and then it doesn't

say do you understand country she was born from. it's important to christianity because it was first important to judaism, jerusalem is mentioned hundreds of time in the jewish text. jerusalem is in the israeli national anthem. the culmination of jewish history was in 1967 with the recapture and the unification of jerusalem under judaic rule. it was only freedom, by the way, because of that judaic rule. what president trump is doing is not just a recognition of reality but also an act of political usefulness because all of the negotiations that have been happening for the past 20 years for most of my lifetime. all of those negotiations have been preconditioned on stupidity that israel is going to give up its internal capital is insane. in order to understand how dumb that is, you have to think that for israel, jerusalem is 1,000 times more important than washington, d.c. is to the united states. the founders put washington, d.c. on a swamp because they didn't want it to be part of any state. the reason where jealous is where it is because the bible

says it is. it doesn't exist for normal capitals around the world and for president trump to recognize that this isn't go anywhere and the freedom of israel is inherently connected and are going to have to be done by the israelis themselves and the israelis are going to have to make decisions about what to do with their capital. it's a ground shift and recognize for reality in the region not based on false stupidities that have been promulgated. >> they have six months actually to do it. monday was the deadline to actually make the announcement. so today, we're going to get into today at officially 1:00. but it will remain a divided city. that won't change. does that bother you? >> it will remain a divided city because the fact that the authorities have basically allowed terrorism to spread among the palestinians and east jerusalem has been largely occupied by the same people it has been occupied for for the past seven decades. namely muslims who live there. that part of the city is very

dangerous. it's been very dangerous ever since i can remember long before i was born. the fact is when i visited israel for the first time when i was 16 years old, israeli soldiers had to guard us as we came out of the tunnels into east jerusalem. which, again, the capital of israel if you're a jew, your life's in danger. if you're an arab, you're under no danger at all, which is why it should be under control and not under muslim control. pete: when it has been under control in muslim areas, it has turned into a terrorist haven, to your point. but we want to get your thoughts on another topic. supreme court heard a case involving a man who bakes cakes in colorado and who did not want to or made it based upon his religious beliefs make a cake for a same-sex couple. it went all the way -- wedding cake for the same-sex couple. my apologies. your implications on this case. >> this case isn't even about freedom of religion. it's just about freedom of speech and freedom of association. so in this particular case,

the baker not only was willing to make a case for the same sex couple, he was willing to make a cake for the wedding, just not willing to deck wait at any rate it for same-sex marriages or divorce cases or halloween, for example. in your business are you allowed to decide how you wish to use your skills and for which events you use your skills? the question i would ask everyone on the left. this is really an act of tremendous government tyranny. what i would ask people on the left is let's say you are a barack obama accolade, you love the guy. and let's say you're a speechwriter for president obama. can i walk into your business tomorrow and say i now need you to write speeches for president trump. it doesn't matter if you you don't like president trump. the fact is i have equal access to your services, and you should be able to use your artistry for president trump. if you don't like that idea, you shouldn't let this guy violate his religious beliefs in order to pleas you. >> thanks a lot.

ainsley: turning now to a fox news alert. a assassination lot against a major world leader. two men accused of planning a radical terror attack targeting prime minister teresa may. they planned a bomb outside her office and then were going to attack her with a knife. nine attacks were thwarted in the uk this year. the suspects are due in court today. wisconsin is one step closer to drug testing recipients. scott walker pushing his state the first in the united states to do this. earlier lieutenant governor explained why it's necessary. >> at the end of the day, we just need more workers, and it's an all hands on deck type of situation, and this is one of the ways we're going to get more hands on deck. ainsley: the plan would apply to childless adults on medicaid and food share and those applying for or receiving unemployment benefits. the legislature has four months to review this

measure. and you can now celebrate resistmass with a hillary clinton treetopper complete with angel wings, a uk-based nonprofit called women to look up to asked people to vote on inspiring female role models to be made into 3d if i g figurines. the top pick was hillary. and if you feel really festive, you can buy a michelle obama greeting card. pete: i got both. ainsley: i'm sure you did. brian: now she's outside. >> how about this? a fox and friends treetopper. would you buy that? where are you guys from? i love all of your states. listen, are you having fun? what's the funnest part about being in new york? let's take a look at the maps real quick. i don't have a whole lot to tell you except there's a cold front coming through the east coast, and that's going to bring mainly rain. you can see that snow affects the great lakes and northern

planes, and we may get a little snow and taste of christmas here in the northeast. wave to he need to have home and say hi to brian and ainsley and pete. ainsley: hello. nice to see you. thank them all for being here for us, janice. brian has a book tour. brian: yeah, tomorrow i'm going to be in sanford near orlando with andrew jackson. but then it's quick to my base, which is at the vigils which is at 5:00 at barnes & noble. and then the next day, i'll be at the kravitz center in west palm beach at noon, so you can come down there. and if i miss you, briankilmeade.com. ainsley: you can buy the book and find out more information about the book signing. pete: and your personal phone number if people want to text you. brian: 917 -- i'm just kidding. pete: check out his book. it's fantastic. still ahead, kate steinle's accused killer now on trail

for federal charges. could there finally be justice for the family? senator ted cruz here to react on that. next. ainsley: plus, we've been highlighting all american businesses this week. and this former navy seal is giving a taste of freedom. he's going to join us live (♪) (♪) it all starts with a wish. the lincoln wish list event is here. sign and drive off in a new lincoln with zero down and a complementary first months payment.

pete: getting justice for kate steinle. the five-team illegal immigrant cleared for murder. now facing federal charges. ainsley: they include being a illegally present alien and felon in possession of a firearm and ammunition. if found guilty, he faces up to ten years in jail. brian: gop texas congressman senator ted cruz. he's knee-deep in this. and, senator, you were outraged by that verdict, and you're taking action. where do you think we're heading with this? >> well, the verdict we saw,

it makes you angry, it makes you frustrated. kate steinle shot down in the prime of her life died in her father's arms, and we were horrified to see that because her crime was entirely preventable. i'm very glad that the department of justice is moving forward with federal charges. the facts seem clear that this illegal alien who had been departed five times, had been in and out of jail repeatedly, it seems that being a felon in possession of a firearm and illegal alien of a firearm are both facts met, and i'm glad the justice of department is proceeding. even more broadly, i hope that seeing this verdict serves as an impetuous to congress to pass kate's law. i introduced kate's law. it says there's a mandatory minimum sentence for any illegal alien who illegally reenters this country for being an aggravated felon.

that would have been resulted in this shooter being locked up in jail and kate steinle still being alive. we ought to act to make sure to protect others from the tragic victims of homicide like this. ainsley: you're not only a senator, you're also a lawyer. so what does this mean to the american people who don't understand how the process works. how the court systems work. what does it mean for the federal grand jury to do something like this and to get involved. >> well, you have for many crimes, you have state crimes and federal crimes. and they're different charges jurisdictions. different prosecutors make the decision i like to whether or not to proceed. so the state brought her case and the jury acquitted the defendant of murder. concluded that they believe what the defense had to say. what has happened now is that the federal government, the department of justice is bringing different charges. being a felon in possession of a firearm is a totally-different crime than murder. being an illegal alien in possession of a firearm is a totally different crime than

murder. but both of them can result of him being incarcerated for ten years in prison. pete: senate tax reform now headed to congress. one of the aspects that you're particularly passionate about and folks maintain know a lot about is the expansion of the 529 savings amendment. tell us about this. >> well, last week was a big, big week. the senate got act together, passed major senate tax reform. and one of the most consequential pieces about it was an amendment that i introduced that was voted on late friday night past midnight. and what it does is it takes 529 college savings plans, which many, many people have. they let you save in a taxed-advantage way. they're immensely popular. kids and grandparents save so that their kids can go to college. my amendment expands 529 so you can not only save to go to college, but you can also spend on your 529 plan on k through 12.

for private schools, public schools, homeschools up to $10,000 a year, you can save in a tax advantage plan and spend 10,000 per child. you're in charge of your kid's keying. it is the most far-reaching federal school choice legislation ever passed, and it passed after midnight on friday 50/50 the senate evenly divided and the vice president came down to the capital and cast the tie-breaking vote. it's in the tax bill right now. brian: we'll look for that. a lot of people 529 thinking college. now you could do it for private school. we'll see what happens after the conference. ainsley: thank you so much, senator. that would be great news and help so many people out. all right. coming up, this veteran-owned company is helping all of our heroes and giving them a real taste of freedom. the former navy seal behind the business joins us next. brian: and sandra smith promises to prepare for two hours. >> and i am dressed, by the way. brian: thank you.

ainsley: don't listen to brian. brian: it has been an issue with hemmer. >> we'll make sure that he has his suit on ready to go. as you've been discussing on capitol hill to testify before the intel committee as we learned the doj is also planning to turn over the text messages from the antitrump fbi agent to the same committee. george washington university professor jonathan turley is here. and joins us as new immigration and gun charges are filed against the illegal immigrant who was acquitted in the death of kate steinle last week. is it enough? a busy couple of hours coming up on america's newsroom. we'll see you in a bit

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pete: welcome back. well, all week we've been introducing you to veterans who took their

call of service beyond the battlefield by starting their own business. brian: and today we introduce you to or reintroduce you to strike force energy. here to tell us is former navy seal officer himself. cofounder of strike force and ufc fighter. great to see you guys. ainsley: welcome back. and thank you for serving our country. but you thought of this idea when you were on the battlefield; right? >> well, basically, the premise behind it was having a healthier alternative to the guys who get down there. because you're not picking up a pallet of energy drinks in africa. so having something that they can get to, it's lightweight, it's healthier. brian: goes right in the tube and the neck of a bottle. that's key. >> and it's a liquid too. it's not a powder. brian: is this just pure energy? is it -- you see monster, and you see red bull. what's different for you guys? >> we have a third of the ingredients. again, it's a liquid. it's clear. so this right here, it's premixed into soda water, so it stays clear.

a third of the ingredients, 160 milligrams of caffeine, which is about an eight ounce cup of coffee, and b vitamins. and it's not, like, 2,000%. pete: you're an athlete, and you work with long time strike force. >> yeah. pete: elite athletes as well. how does this work for you? >> a, it keeps you hydrated. and that's the first thing. to keep your day going especially training two to three times a day, i was the first one to go out and buy one of those canned energy drinks. this doesn't have the crash. zero calories, zero sugar. fight at 190 -- well, shoot walk around 190 but fight at 170. brian: oh, my goodness. can we move down and take a look at the products? >> here's the product right here. i'm going to mix it right here. brian: this is normal sparkling water? >> this is actually 711s peach mango, and this is a lemon flavor. it's already mixed in there.

ainsley: you can put lemon flavor in iced tea. >> you can. so just a regular -- ainsley: so what flavors do you have? >> we have original, grape -- it's already mixed in there. brian: oh, it's already mixed? >> original, grape, lemon, and orange, so we say we're making america grape again. brian: you have to be quick, you have to be alert, and you have to be healthy. ainsley: you donate a lot of these to the troops. >> we do. i think to date we've done a little over $40,000 back to the troops. so we did it for irma, we did it for harvey, we did it for puerto rico, we're constantly giving back to guys all the time. pete: so think about it. this is the energy drink that's bad for isis. brian: absolutely. thank you so much. ainsley: strike force. brian: more fox and friends in just a moment ♪when you've got...♪

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>> go to ainsley live.com.

tonight i will be, from my apartment, live signing books. if you didn't get a chance to go to one of our book signings, get a signed copy go to ainsley live.com and ask me questions. i'll be calling some of you. give me your phone number. thank you. >> bill: thanks, guys, good morning, everybody. midweek the president's son donald trump junior expected on the hill in a matter of moments. he will testify behind closed doors before the house intelligence committee as we learned that the d.o.j. will turn over text messages from the anti-trump f.b.i. agents who have since been removed from the mueller investigation. it's wednesday inside of "america's newsroom." >> sandra: good morning. tough to keep track of it all. i'm sandra smith. thanks for joining us. this will be the house intelligence committee's first chance to talk to donald trump junior about russian contacts he had during the campaign. lawmakers are getting ready to get their eyes on texts, emails and