i'm katie pavlich and for laura ingraham. be sure not to miss it tomorrow. let's turn it over to ed henry who is in for shannon bream. >> ed: great to see you, merry christmas. who here on tonight's. california escalated its showdown with president trump over illegal immigration. pardons for two man with felony convictions. >> pardoning people -- >> ed: democrat governor jerry brown issued the christmas pardons all because he wanted to defy the white house. but what about public safety in the golden state? will investigate. then, planning to get a little tipsy on new year's eve? isa says is coming for you, issuing a chilling new video, urging supporters of a terror group to target intoxicated people and large gatherings. in the video when the clock strikes midnight, you can hear shouts of "allahu akbar" instead

of happy new year. and then the battle over so-called dirty pot heating up on the west coast. it has marijuana retailers get ready to cash in after the first of the year, environmentalist might be killing their buzz by warning about illegal pesticides in the pot. our legal eagles will debate it when "night court" convenes. a democrat sheila jackson lee and hot water for allegedly pumping an airline passenger from her first class seat. so why is a congresswoman now claiming she is the one being targeted over her race? ♪ hello and welcome to "fox news @ night." i met henry in washington, and for shannon all week. working tonight, and an immigration showdown, between democratic governor jerry brown and president trump, a new report declaring that because of the president's tough stance, putting a priority on deporting

illegal immigrants, they're trying to get gubernatorial pardons. this in the wake of governor brown pardoning two immigrants convicted of crimes they were destined for deportation. one of them had been convicted of a felony weapons charge come up with so-called skiing enhancement, meaning his charge was made more serious because of the alleged ties to criminal street gangs. the other criminal pardon by the governor had been convicted of felony joyriding, which in california means taking a car that is not yours. now it appears the rush is on, especially in blue states to get pardons for illegal immigrants before they get deported. ellison barber is here with the breaking details. good evening. >> good evening to you. in california, for governor jerry brown, pardons are a holiday tradition. he pardon two immigrants who were reportedly on the edge of

deportation. in all, he granted 132 pardons and 19 commutations. he served procreation and jail time for things like evading a peace officer, vehicle theft, and possession of drugs in prison or jail. the pardon says that he has lived an honest and upright lif life. he served times in the later part 90s from 1995. he's earned one year and nine months behind bars. he says he is not that person today. he stayed out of legal trouble until he was taken into custody during an immigration sweep. he was reportedly in a texas jail awaiting deportation would governor brown deceived him. >> i was about two days away getting on that plane to cambodia. people that are labeled me as a thug but i want to tell them that today, i'm not the same person that i was before. >> not long after his

inauguration, president trump signed an executive order directing the department of homeland security to prioritize the removal of aliens come to know my convicted of an illegal offense. an article in the "los angeles times" as more and more governors are receiving pardon requests. seemingly a possible but not guaranteed way around for administration stricter immigration law. "the times" said that there was a round up of more than 100 iraqi nationals in michigan and a month later 40 of those individuals filed requests for pardons from republican governor rick snyder. >> ed: ellison barber, thanks for the spring and fox news contributor, former republican congressman from utah, jason chaffetz. i took some digging, it took less than ten seconds to find a news story from this october about how governor brown was patting himself on the back for signing, yes, three new gun-control bills into law. and governor brown is all about gun control unless he wants to try to stick it to the president

and put an immigrant convicted of a gun crime back on the streets. one of the world is going on here? >> there is really no expo nation for it. these are convicted criminals. there is -- these are not the lady who crosses the border who is just trying to help her family. these are people that are here illegal, committed a crime, got caught, convicted, and now we are trying to deport them. the president has tried to do the right thing and you have people like governor brown getting in the way of doing this. during the obama administration, more than 80,000 times, this happened. they were in our control, he released them back into the public and guess what, they committed hundreds of more crimes. people died at the hands of these types of people. there is no reason why these people should continue to stay and have the privilege of being in the united states. they are here illegally to start with. >> ed: congressman, you make an important point because we know what happened in the case of kate steinle where someone who had been convicted of several crimes was out on the streets in san francisco.

here is with the president recently said about that. >> unfortunately, democrats in congress, not only oppose our efforts to stop illegal immigration and cracked down on sanctuary cities, every senator and congressman will have to make a choice. do they want to protect american citizens or do they want to protect criminal aliens? >> a look of the governor in this case is trying to protect criminal aliens. >> well, that's the point. even when we talk to democrats, some of them who put this issue at the top of their agenda, they have at least in the past said that the criminal aliens, let's focus on them. and the president i think is trying to do the right thing. let's dip or to those people that are here illegally and they are committing crimes. they have been before a judge, they have been caught during a crime, now it's time for them to leave the country and never, ever come back. why do we put up with us and now you have governors who are not

cooperating, and it is so demoralizing to the good people who work in i.c.e. and the border patrol. they put their lives on the line to save us and protect us and then you get somebody who commits a crime. involved in a gang allegedly? now they want to be able to keep them there in california. >> ed: congressman, you make an important point. on top of that, in this case, even if the governor pardons euphoric state crimes, that doesn't prevent the federal government and i.c.e. from going out and getting you into porting you, right? >> that's right. between homeland security and the department of justice, but a lot of this is on homeland security, they have got to be able -- they don't need a governor's permission in order to deport somebody. if they can get them in their control. again, you have too many sanctuary states and counties and cities that don't want to cooperate with federal law enforcement. they want all of our american money, right? they want the federal taxpayer dollars to go to them but they don't want to actually deport

these people. this is the criminal element. i don't see any argument to keep these people in town. i really don't. >> ed: congressman, the last question. the daily mail did an investigation that they just published over the holidays talking about hundreds of people in cities like santa monica, santa barbara, cities all across california where you have teachers, firefighters, middle-class workers, who are homeless because they cannot afford the rent in california. they are living out of their cars, and walmart parking lots and elsewhere. my question to you is, doesn't the governor of california, jerry brown, have some more important things to deal with now then pardoning criminals? >> i see this regularly with the democrats. they prioritize those people that aren't here illegally and they are committing crimes. and you are right, they have good people trying to do good things, they run into trouble in their lives, there is a homelessness problem and a whole

slew of states, including utah and in california. and instead of the focus being on that, they are trying to protect the criminal aliens! and how could you ever look a family in the eye? of one of these people goes back and do something and harms an american, how do you look them in the eye and say, yeah, i, as governor brown from a major that they got to stay here and commit another crime. >> ed: more governors considering these pardons, i suspect this is not the last we have heard of this. congressman, merry christmas, thanks for coming in. immigration -- good to see you. immigration, one of the top issues that congress will be grappling with who may come back in january. mcconnell claimed that there could be some common ground that he can find with democrats. >> we have a commitment on a bipartisan basis to address daca working group composed of people of widely diverse views on immigration and i have said to

them if they can come up with an agreement, the administration is comfortable with, this includes senator durbin in the group, and people on our side who are very different points of view, we'll devote floor time to that in january, as well. >> ed: fox news politics editor at chris stirewalt joins me now on-site. good to see you, merry christmas. >> what up, hold me? >> ed: [laughs] that's a new one. i'm wondering, when you hear him talk about daca, what this means is the children of immigrants who are here. >> young adults under the age of 35, coming to the united states under no fault of their own. >> ed: the president said he wants to find compassion in that case in terms of trying to find a way to codify their status into law. in the other hand, you've got a lot of people in our audience, a lot of people around the country hearing what we were just reporting on and saying, okay, let's find compassion with boy come with us also be a deal

that includes some cracking down on illegal immigration. >> the calculus year for democrats, so the deal runs until march. because of the way president set up this program because of executive order, there is no legislation, it's just basically, whatever the edict of the administration -- ruled by fiat. basically they have until march. trump has said, in march, we are cutting it off, all over, no production. currently, they are in a protected status, as you pointed out, they went to school here, they grew up here, think of themselves as americans. >> ed: some serve in our military. let's find a way to be compassionate. >> so democrats leverage is a very strong right now. the closer we get to market and a deadline, then there leverage ships. right now, the democrats were to shut down the government, we wot shutdown on the 22nd of december. why are we shutting down the government? where is ted cruz? if they would have said, it is

for illegal immigrants, it would have been a good look for democrats. that would not have been a good look. the closer they get to march, the more pressure they get to republicans. these are sympathetic characters. we are talking about a few hundred thousand, 400,000, 500,000 at most. they are saying, look at these folks, they should be allowed to stay. >> ed: bottom line, do you see a bipartisan deal, where we deal with that but by the same token, the president, if not getting a wall, gets some crackdown on illegal immigration? >> it's a second day of christmas. that make get weird with you for a second. i think, if only richard nixon could go to china, we may be only dino don macdonald trumka do comprehensive immigration reform. the tax cut was republican tax cuts. if donald trump wants a lasting legacy, this is the issue where he can do it. >> ed: not a good look a moment to go for democrats. not a good look for republicans

right now, the feud going on, jeff flake and others, bob corker, going after the president. here was like yesterday on abc. >> when you look at some of the audiences cheering for republicans and sometimes, you look out there and you say, those are the thousands of a dying party, when you look at the last of diversity -- lack of diversity sometimes. it depends where you are come about by at-large, we are appealing to older white men men. there is a limited number of them. >> ed: jeff flake retiring. he left the door open to potentially challenging president trump himself in 2020. what is going on? >> i think trump is going to have challenges in 2020 -- >> ed: challengers? >> ed: yeah, i think from the right and the center. maybe flake. john kasich is all but declared. so you can start to see this coming up. flake is right. the republicans have a diversity

problem in the sense of a share of white voters is never going to be any higher than it is today. the electorate is 72% wide. it's never going to get any whiter. it's going to get less weight over time. from a long-term perspective, yes. immigration, though, as an issue, has done so much. it is help republicans by firing up their base. in terms of an issue that they drag around come this albatross around their necks, this is why -- >> could be an opportunity. >> ed: we heard the same thing before the 2016 election. there is not enough white men to elect donald trump. >> all things are possible with wisconsin, michigan, and pennsylvania. >> ed: the democratic candidate next time goes to wisconsin -- >> the rock should think about going to eau claire. >> ed: homey, thanks for coming in. >> you know what, dawg. [laughter] >> ed: sheila jackson says the

flak she was getting for kicking someone out of her airline seat is all because of her race. plus, the new threat from isis that might lead you to rethink your new year's eve plans. and secretary mnuchin gets an unpleasant surprise for christmas. see who got the last laugh in a tasteless prank that might leave a liberal activist in

♪ >> ed: texas congresswoman sheila jackson is in controversy if i did -- involving united airlines. she says she was mom from her first class seat in favor of the congresswoman. the teacher tweeted a short while ago that she still has not got an apology. sheila jackson lee, the original

tweet said, was in seat one a and the one that united gave her without her consent or knowledg knowledge. some say she doesn't repeatedly on united. united is saying that after checking their records, after the teacher got the notification that the flight was delayed due to weather she may have counseled her ticket for the congresswoman maintains that she got operated without knowing the details. in the spirit of the season, she sorry prayed all is good, right? not really. she decided to inject race into this issue, tweeting among other things, "since this was not any fault of mine, the way the individual continued to act appeared to be upon reflection because i was an african-american woman. seemingly an easy target along with the african-american flight attendant who was very, very nice." with me now, conservative radio host larry o'connor. he's on the radio. democratic strategist michael

starr hopkins. merry christmas to both of you. thanks for coming in. >> good to see you see you. >> ed: larry, want to start with you. why did she inject race into this? >> i'm hesitant to say anything critical of saying anything --a jackson lee because then i will be called racist. here is the hidden secret. i'm in oklahoma now, but i work in d.c., she is notorious. washingtonian megan agency, year after year, she wins the poll of the most hated congressperson. this is nothing to do with race, this has to do with the arrogance, entitled attitude of most incumbents in washington, d.c., who like to walk up to a counter and say, "don't you know who i am." >> ed: michael, originally we thought, that it was kind of frivolous, but a first-class seat, we should be doing bigger issues. but then my congresswoman, it was not just one tweet, but a series of tweets suggesting that this issue came up because

she's african-american. why would she inject race into this? >> i'm not going to get into what was going on in her head. i don't know whether race was a factor. but i will say that race has become a huge issue in our political dialogue and i think a lot of it has to do with tone and that starts at the top, that starts with the president. and maybe she -- >> ed: [laughs] how is this the president's fault? >> i knew this was going to be trump's fault somehow. >> ed: really? >> may be race wasn't a factor in this. i am fine with saying that. but i will say that tone starts with the top. so race if something is something that we need to look at when we are talking about issues and race is something that we need to be able to have a comfortable conversation about how we deal with racial issues. >> is tough to have that comfortable conversation with something like this happens and immediately, a woman of influence and power, an elected official, decides to make it about race. how can we have a conversation when it's not about race? >> ed: michael, i agreed with almost everything you said when

you said it had something to do with donald trump. >> i said that our tone starts with a the top. our president, who has played fdic -- let's not pretend that our president has not been in a bigot let's say it. >> ed: that's your opinion. what does that have to do with the congresswoman, elected in her own right, deciding to take this silly dispute on an airplane and say it's because she's african-american? >> i think the dispute itself is silly. what i am saying is, i think we need to look at the top and we are we are getting our leadership from. when the president acts like a bigot on tv every day, i think it makes it harder to have these conversations. >> ed: larry, i democratic cogs are meant tweeted out that it's about race and at the president's fault? >> apparently. we've come a long way in the country, the struggle from rosa parks has turned into sheila jackson lee getting her first-class ticket on an

airplane. >> you referencing rosa parks -- come on. let's not kid ourselves. >> you're right. she is a symbol. sheila jackson lee, she suffers for all of us, god bless that woman. >> ed: i notice him so sarcasm frameless shift gears. we talk about the tone. there is a man named robert strong, a liberal activist in california who decided to basically send a package full of horse manure out to a home of the treasury secretary owns in california. take a listen. >> become of the american people, are returning the gift of the christmas tax bill because it's complete and out her blank. my wife's a lawyer and i'm not too worried. >> ed: larry, hard to argue with that. larry, it was just a couple of weeks ago that you had liberals screaming aimlessly into the sky about donald trump. now they are sending horse poop

to the treasury secretary treasury secretary. >> it's like they are trying to guarantee his reelection in 2020. as everyone now finishes up their year and they look at their 401(k) and they see that their retirement just got about 25 to 30% richer over the last year, and you got this guy doing the sophomoric equivalent of leaving a bag of poop on the principles for imports, listen, why not bring back occupy wall street while you're out of? it will be a landslide a landslide. >> ed: michael, last point. how about the fact that bernie sanders admitted that 91% of the middle class is going to feel this tax cut for the democratic talking point about this going to the rich is kind of ridiculous, isn't it? >> i will address the sky with the poop thing. it's inappropriate. he should not have done it. i think it is more inappropriate that you would be excited -- i don't mean you, ed, but the other contributor -- >> ed: larry. >> hi, larry. the fact that you would be excited for the president to be reelected. this guy literally is an

embarrassment to this country. we can disagree on policy but tone, leadership, honor, integrity. he has none of it. he's not a republican. if you are really a republican, then i just -- it blows my mind that you would ever -- >> ed: larry, last word. >> it is that kind of political strategy, going after trump and the people that support him, that got hillary elected last year. >> ed: hi, larry, hi, michael. glad you guys got to meet. shoppers turning out in force for christmas as per the president tweets that business is poised for a big run in 2018. how optimistic are consumers going into the new year? a full report coming out. but first, who was gay and history? it's an actual question addressed by new history books in california. we'll have the details next

♪ >> ed: the president tweeted today that the stock market is poised for another big run in 2018. that came as retailers saw a big boost in sales over the holidays. correspondent anita vogel takes a close look. >> whether online or actually waiting in the line, there is no question shopping was back in vogue this holiday season. >> i just felt more excited about shopping. i usually don't go out and shop. >> no, never. i usually don't go out and shop at this year i just felt more positive. >> i like stories. [laughs] i always -- i prefer buying in stores because i can see it and touch and feel it. >> retailers got their wish i sales grew at a faster pace of my having the last five years. according to the national retail federation, seven years ago, sales were at $520 million. in 2017, the estimate for this holiday season is $682 billion. a spokesperson for mastercard

says overall, this was a big win for retails this year. experts point to three key factors that lead to increased sales. first, go to shopping weather across the country. next, a national low unemployment rate of just over 4%. and that led to the third thing on the list, consumer confidence. because they feel more secure that they are going to be able to keep their job and now they are spending some of that money that they may have been holding back. i think a lot of people spend a little bit more this christmas. that is one of the reasons you are seeing the numbers the way that you are. >> it's not the rosie's picture for the old brick-and-mortar stores. some of the fake chain stores that used to anchor shopping malls are shuddering locations across the country. stores like macy's, jcpenney's, and sears have all had to cut back. >> i think that any business, whether small or large, needs to be very efficient and cost-effective. and those models are not working as well anymore. >> but there is a silver lining for those old brick-and-mortar

stores. as surveys show, shoppers tend to spend more money in person then online. and next year, businesses across america will beginning with the president calls a christmas present, a huge cut in the corporate tax rate. in los angeles, anita vogel, fox news. >> ed: meanwhile, parents of children and california public schools are reacting to the state board of education to talk about sexual preference were talking about historical figures. >> welcome to elementary school, where in california, a law it requires a fair, accurate, inclusive representation of lesbian, gay, buy, and trans individuals. >> i think this is an at effort

to politicize history. >> all we are saying this is another group of americans and they fee certain prejudices. speak of the state required publishers like mark sure to include the sexual preference is a permanent historical figures, among them, president james buchanan, the evidence is inconclusive. >> i think we should say, buchanan, he never married, he had a very good friend that was living with him. he may have been gay. on the other hand come at that time, being gay was seen as something evil and wrong. >> the state approved tax for eighth graders, and it, he celebrates a one eyed gun toting whiskey drinking stagecoach driver named charlie parker's. only on death and people discover he was a she. he says baron von steuben, who helped washington's valley forge may have been gay. he also outs walt whitman, saying while whitman sometimes denied his same preferences, he was drawn to young men and parks and dance halls.

>> some of this is speculation. it is not good history. as historians, we look at evidence, and we try to draw conclusions from evidence and we compare and we give different perspectives. >> state documents show that the education board rejected publishers who refused to label some figures gay and forced another to insert the word lesbian when referring to astronaut sally ride. >> these figures, who are important in american history, are important for reasons that have nothing to do with their sexuality. >> according to the state's structural framework, students learn about lesbian and gay parents in first grade, and birth assigned dressing and forth. introduces negative stereotypes. others worry about what california is not teaching. 40% of california students entering the state college system need remedial math and english and only 40% will earn a

bachelor's degree. ed? >> ed: thank you, william. ♪ where in the world in less than 90 seconds. it's boxing day in london. shoppers lining up early for bargains. and the day after christmas. like christmas shopping here in the u.s., boxing day and burton is a part splendid. some experts report record-breaking sales. meanwhile, the pontiff inviting the faithful to consider jesus as a mediator who "reconciles not only with the father but also among ourselves." russia gets a lot of snow storms this type of year but apparently not that strong. 93 miles per hour when, lifting a woman off her balcony and flowing her into a snow drift. the snow was so deep she had to be taken into a hospital in the bucket of a construction truck. i want to see president vladimir putin comment on that one. meanwhile, it was a dark christmas and much of

puerto rico. tens of thousands of its residents still without power. more than three months after hurricane maria batter that island and destroyed its electrical grid. officials blamed the rough terrain and extensive damage for delaying restoration on that power. and in cuba, and annual fireworks battle between neighborhoods ending in tragedy. scores of people sustained burn injuries after a fireworks accident at that popular traditional celebration. thousands of locals and foreigners attend the christmas eve event every year in the town, about 150 miles northeast of havana. that is your world. the trump administration says isis has been virtually crushed but there are new threats from a terror group tonight and they are targeting new year's eve. should you change your holiday plans or is this the last gasp of a terror group about to be defeated once and for all? we'll dig deep next. and later, "night court" convenes in a legal battle over

competing views of california dreaming. as the golden state's big new year rollout of recreational marijuana polluted with pesticides, bro? we'll explain next.

♪ >> ed: isis tonight appears to be fighting for its very survival, releasing a disturbing new video from its affiliated fires in somalia. hunting down unbelievers and

attacking markets in europe. the video also includes clips of global new year celebrations in a chilling call for a fighter to take advantage of people's drunkenness. all of this as the u.s. military saying they have lost 99% of the territory they once held with half of those losses coming since president trump took office by the trump administration getting even tougher on north korea, slapping two key leaders with sanctions. russia says it's ready to media talks between the u.s. and kim jong un. here to discuss what's next for what you might call donald diplomacy, rebecca heinrichs, senior follow a nile gardiner of heritage foundation. rebecca, they show westerners pouring champagne, and then you can hear "allahu akbar" instead of happy new year. given that the trump administration is saying they are in their last legs, is this the last gap or is this a real threat? >> the trump administration

deserves credit for increasing the tempo of the destruction of isis as they have been effective in defeating the islamic state. 5.3 million people liberated from isis control interest the months the trump administration has been in office. but while we should be proud of the gains they are, we shouldn't quite take a victory lap yet because isis is going to pop up in other countries in which they don't have strong government control. it will look for power vacuums and so, again, we should be very proud about the gains we have made in iraq and syria but they are going to pop up in other countries, as well. >> ed: there is a retired u.s. air force lieutenant general who recently told us a little bit about why he thinks the trump administration is going to win here. watch. >> on essentially the obama administration micromanaged the war and what the trump administration did was allow execution decisions to be made

in accordance with the guidance that he provided. we could have accomplished our objectives through the use of overwhelming power in three months, not three years. >> ed: are we just bringing the fight to them? i wonder, is there a challenge for the trump administration. you can be winning and knocking out the leaders of isis but as we saw with the obama administration in 2012, they kept saying al qaeda is on the run and all of that and then al qaeda kept coming back with terror attacks. >> you have to be careful with the rhetoric. >> that's right. without a doubt, this has been a staggering military victory in both iraq and syria this year. that is largely due to the leadership of the president freeing the u.s. military to be able to do what is necessary in order to defeat and vanquish isis in iraq and syria. there is no room for complacency. isis's franchising itself across the world. there is a major threat posed by isis and north africa, east africa, , and europe.

afghanistan and across much -- >> ed: feed bike path attacked in new york city. >> that's correct, on u.s. soil, of course. what we do need to see is a robust leadership to absolutely crush and defeat isis. i think we have a kind of leadership in the white house. we have seen the old mantra of leading from behind her are not of the window. we have seen a much more aggressive approach. >> ed: when you hear the word complacency, you might think about the united nations. we might talk about new sanctions against north korea and they say they are getting tough. reform has been a long time coming there. and nikki haley, our ambassador, talked over the weekend about cutting the budget big time by over $200 million from what the u.s. is giving. here is what msnbc's joe scarborough said last week about this. .. nikki haley and donald trump engaged yesterday in something that was in between a schoolyard taunt and a mob

boss' threat. and they did it as our representatives. >> ed: rebecca, nikki haley, a mob boss? >> she certainly is strong. she's very strong, she's very -- this is the great american leadership that i have been wanting all americans have been wanting for years and years. this cut to the u.n. is good. it's not nearly enough but it's time to do an audit of what the american taxpayers are spending at the u.n. and if that money isn't working for us, if it's just there to be anti-israel, anti-american, then we should cut more. i think there is more coming. >> good point. now you have this budget cut as a reaction from the trump administration, the fact that the u.n. was lashing out at the president for doing something that every recent democratic republican president so they were going to do, declare jerusalem as the capital of israel. is this a long time coming?

>> absolutely. i think we are going to see a complete different height of u.s. approach toward nations. i have to say nikki haley's leadership has been absolutely fantastic. she is really leading on the world stage. this is the kind of leadership of that the united states needs at the time. sending a real clear message the united needs, it is no longer business as usual. .. large extent riddled with corruption, mismanagement, anti-americanism, anti-semitism, and you have a figure like nikki haley coming forward saying enough is enough. >> ed: other than that -- >> yes. i think this is a momentous time for the united states. >> ed: i appreciate your time. happy new year almost. >> thank you very much. >> ed: this week, the white house director of legislative affairs said that the president is said to release a plan in january. his agenda, at least one democratic lawmaker says she is willing to work with the

president on it. >> i will work with donald trump on anything that helps the working men and women of my district. so yes, i'll work with him on infrastructure if he'll work with us. >> ed: the president hinted he might begin the new year with infrastructure while he signed the tax bill into law next week. stating he believes he could have a wide bipartisan support on an issue that senate minority leader chuck schumer originally said he wanted to work with the president on but we'll see if he follows through. meanwhile, a tree that has stood on the south facade of the white house since the 1800s is coming down this week. the enormous magnolia tree is the oldest on the white house grounds. it has been deemed to be too damaged and decayed to remain in place by specialists at the national arboretum. they have tried for decades to save this historic tree. ultimately, first lady melania trump made the decision to remove the tree after reviewing the arboretum's assessment. california's new recreational marijuana rules rule out next week. get it?

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and as your needs change. investment management services from td ameritrade. >> ed: new tonight, three cities are suing the pentagon for allegedly failing to report felonies to the national database for gun purchases. san francisco, philly, new york are arguing that having the federal court overseeing compliance would reduce the chances of mass shootings. this comes after the texas church shooter killed 26 people in sutherland springs, texas. he had been convicted in a military court of domestic violence but his case was not reported to that background check system. pentagon officials say they simply could not comment yet on

the lawsuit. meanwhile, a man to stop a suspected robbery attempt inside a wendy's in california on christmas day. he did it by hitting the suspect in the head with a chair. according to police, he approached the counter with a knife, a customer grab a chair and made a move and the suspect fled the scene, presumably with a little bump on his head for christmas. ♪ time now for "night court." california's dirty pot crisis. marijuana retail stores are set up a january 1st in the golden state. however, it is not all smooth sailing. hundreds of marijuana businesses have been had with product labeling violations, alleging that some of the edibles are tainted with pesticides and a violating proposition 65 out there. california's safe drinking water and toxic enforcement act. our legal eagles are here. criminal defense attorney robert bianchi, defending the clean cannabis commission tonight and former prosecutor who will be defending the

marijuana-related business. welcome to both of you. robert, what is your problem with pot? >> in 1986, they passed a law that anything that is being consumed, whether it be food or medicine or anything in that nature that has a harmful effect, on the list of 900 known carcinogens and health-related products, there has to be a warning, there has to be a label, people have to be alerted to this. unfortunately, i don't know what they are smoking out there in california, but these guys are opening these businesses and they are not doing the appropriate warnings and the law is really draconian against businesses that don't comply. all they need to do, ed, is comply with the law. >> ed: is there evidence of their pesticides must marijuana? >> this individual, mr. murphy, went and had this tested. but the law requires that marijuana, and 2009, ed, they ruled, is in fact one of the 900 substances, so by definition, all marijuana must

come with a warning. >> ed: what to say you? >> here's a giant loophole that the clean cannabis personnel are trying to drive through, and that is when it comes to proposition 65, any tom, dick, or harry, can try to inform it and then it becomes a payday. 900 supposedly dangerous, chemicals. proposition 65 has become so prevalent that everybody has a notice. you can't buy a cup or a saucer without getting a prop 65 notice on the item. if you are going to have this everywhere, you might as well have them nowhere. >> ed: what say you, counselor? first of all, they don't pay for the outcome of the businesses do. the fact of the matter is, this is one of the most progressive laws passed by the people in 1986, they can do it for cigarettes, they can do it for alcohol, what is the problem with them just having a basic disclaimer and follow the law so that they don't get killed as

far as the business is concerned? under that law, the citizen can bring a complaint against the company that doesn't comply and those companies can be crossed economically by the law, just follow the law. law. >> which is why, bob, when somebody brings an action against a company like this, when they have not been personally harmed, all they are inspecting is a giant paycheck so that they go away. they should get real jobs. >> ed: final arguments. i will give you 30 seconds each. robert, you first. >> jonna, that is why they passed the law the way they did. if you violate the most basic thing, you don't have a list of those 900 chemicals in any product, it is not just marijuana, why should the marijuana business be any different than the cigarette business, then the alcohol business? these are harmful products. people have a right to know. >> ed: let's get jonna. >> if cheech or trump wants to tell me that my product isn't compliant, i'm going to go test it myself, have my own expert tested. that is what these dispensaries

need to do and not just listen to michael murphy, who wants to make a quick buck. >> ed: we usually don't -- shannon doesn't want me to pick sides, we want both sides to be heard. let our audience to eat us. jonna is lobbying me. i see before bob -- i gotta say, jonna made an important point. if cheech and chong tell you something, you better check it out. happy new year. coming up, we'll tell you why the gospel is for the royal wedding is giving some british government officials a royal headache. next. next.

jack and jill went up the hill to fetch a pail of water. all because of a burst water pipe in their house that ruined the hardwood floors in their kitchen. luckily the geico insurance agency had helped them with homeowners insurance and the inside of their house was repaired and floors replaced. jack and jill no longer have to fetch water. they now fetch sugar-free vanilla lattes with almond milk.

call geico and see how affordable homeowners insurance can be. >> we are learning more about the guest list for prince harry and meghan markle's wedding. we've been waiting to hear the details and it's causing some headaches. they view president trump will view the invitation of former president obama as a snub. the wedding is not a state location. the british government only has it consulted overall. if the president takes shots from markle or anyone else, i suspect he will have its own thing to say on twitter. good night from washington. i am ed henry in for shannon bream. we will be back tomorrow night and all week. right here, "fox news @ night" "

♪ >> the trump administration refuses to take a holiday from sanctioning north koreans, the treasury department announcing the united states thinking two key leaders in north korea's weapons program. >> the us military says isis lost 90% of the territory it once held, half of those since donald trump took office. >> the rules of engagement were onerous. >> they will not let donald trump have a victory lap no matter what. >> i started using my hands and my fist just pounding on the ice to break the ice, to get out