that's all the time we have, i am jason chaffetz info laura ingraham, will be back on tuesday. ed henry is filling in for shannon bream, auburn expert haveç a happy new year, everyo. >> this is 24 further evidence james comby killed not do this job. ppt i have a love for these people. >> president trump tweets there's no deal on the teamers without a border wall. ken paxton threatened legal action on the thousands of young

immigrants whose legal stat is up in the air. what it'll take to get a dreamer done. if you're thinking about popping the question this new year's eve, our legal eagles have a warning, you simply will not want to miss, tonight's edition of "night court." >> the conservative group judicial watch calls for an urgent criminal investigation of hillary clinton and top advisors. after the group dot its hands on some of the 2,800 e-mails found late last near last year on the computer of anthony weiner. fox news has examineled some of those e-mails after judicial watch sued, four are marked, yes, classified. sharp debate over the significance of this finding, we'll debate it. what we are sure about it, is

that this is putting the spotlight back on one james comey, former fbi director who reopened the clinton e-mail probe dabs before the 2016 presidential election to xr extra what was on weiner's laptop. a questionable move. then within days, yet another questionable move from comey, the new review did not change his original judgment that clinton should not face charges over those e-mails. >> our judgment is that no reasonable prosecutor would bring such a case! now we learn there were classified e-mails notgist on the clinton server but on the weiner laptop. we'll speak with a top official at judicial watch and why they think this e-mail dumpl merits urgent attention. ellison barber, with documents, joins us live from the

highlights. >> good to see you, ed. as you said, we found four confidential or classified e-mails, out of nearly 3,000 documents, one thing that's important to point out is that they were officially marked as classified after the e-mails were sent. many of the e-mails in this trove of documents were related to scheduling. some talked about big names and sensitive political topics. one e-mail in the trove of documents rewleesed friday afternoon dated sunday, september 30, 2012. less than three weeks after the terror attack on the diplomatic anything in ben ghazi, libia. it discusses the general security information and request for security and how, quote, that was handled by state. subsequent e-mails are redacted. every document released today initially came to the state department, from the phish and their investigation into former congressman anthony weiner.

huma estranged husband. they're private e-mails seemingly formeded to a laptop showed by her and weiner n one classified e-mail dated november 25, 2010, some one sent then-secretary of state hillary clinton advice on what to say in a call with saudi arabia's foreign minister, how to address the release of documents in what was known as cable gate, wickie likes publishing sensitive cables of the document marked classified in august of 2015 and set to remain classified until november 2025. judicial watch president tom fenton put out a statement on "you tube." >> the fact that classified information from clinton and abadeen has been found on laptops showed the need for a criminal investigation, a serious one, guy the justice department. >> the fbi did look at these e-mails and former fbi director james comey answered questions about it during a may hearing on

capitol hill. >> with respect to plz abideen we didn't have any indication she had a sense what she was doing was in vie lachgts law. >> the fbi sent a letter to congress, saying their investigation found that she often forwarded e-mails when she needed some one to print them out for her. they said most of the e-mails on the laptop were the result of a backup of personal electronic devicetion, they weren't manually forwarded to this laptop. the fbi says their investigators found two classified e-mail chains the were manually forded to the laptop. we reached out to her lawyers, haven't heard back yet. >> thanks, allison, happy new year. judicial watch filed the suit against the state department for the e-mails, described in the release as major victory for them. joining us is chris farrell, director of investigations and research from judicial watch. why is this one different?

>> this the 20th production, this is critical, it places classified information on the weiner laptop. beyond any doubt, according to the state department themselves, proves that classified information was forwarded in an unlawful way. direct violation of title 18 of the u.s. code, mishandling national defense information. i personally have investigated and prosecuted those cases as an army counter intelligence special agent. people have been jailed for a fraction, a tiny fraction of what is now made public in documented through judicial watch's litigation. this cries out for legitimate investigation being done. earlier clip with mr. comey talking about intent, is a fraud, there's no requirement for proving intent under that citation i gave you a moment ago. the loss or the mishandling of the national defense

information, that's the crime. >> want to follow up on that, sorry to interrupt, another comey clip there, where he said in testimony on the hill, abedin didn't have a sense she was violating the law. i never heard of such a thing. >> irrelevant. no one, let me tell you, no one in the armed forces, intel jejs community or law enforcement, no one listening to this program who had a security clearance would buy that kind of phony excuse. comey already manufactured his get out of jail free card for hillary clinton, months before she was even subject interviewed in july. that's been documented as well. frankly, these documents could form the foundation for an indictment of comey and stock, the investigator who was at the center of the entire night mayor of a security problem. >> i'm glad you mentioned peter strock, the fbi agent who sent the text messages, pro trump -- pro clinton, anti-trump, we've learned recently.

he was in the middle of basically running this investigation and looking through that laptop, in fact. the fact that we didn't know that then, right before the election, is that grounds, now, for the justice department to say we need to reopen, there needs to be a criminal investigation? >> absolutely. on the 2nd of july when mrs. clinton was interviewed, she wasn't even mir ran died. you had federal agents who had reason to believe the person sitting in front of them had committed a crime. and through the lawyering of david kendall, what should have been a subject interview under oath of mrs. clinton turned into a coffee and donut session. and when she sat there and said she could not remember more than 30 some odd times, doesn't pass the giggle test. no one in their right mind would believe that. also, when some one says that, you pause the interview, you pull out a nondisclosure agreement, you have her review it and refresh her recollection. that's going to explain how she doesn't remember being briefed on this.

>> i have a minute left. for argument sake, say everything you laid out is 100% accurate, that there should be a criminal investigation, that there may have been serious wrongdoing here, that they got away with. what do you say to the viewer tonight watching this, saying, you're relitigating old stuff, hillary clinton lost the election, move on. >> it has nothing to do with the politics of losing an election. it has to do with violating national security law and putting top see crept sensitive information at risk. not just at risk, but likely compromised for foreign intelligence services. not just the information itself, but the sources and methods of collection. this is the gravest national security crime, one can commit. it's not an administrative oops. this is a crime that wor ders on treason. and it's punishable at that level. >> chris, important stakes, appreciate you coming in, happy new year. >> thank you. >> brad blankman, form air sis

tampbt to george w. bush, democratic strategist al meteorologister, from the u.s. senate and noted hillary clinton supporter. i want to give you equal time, al. we heard from the conservative side of it. he's saying, look, this was criminal and border line tree son. >> he can say that and he doesn't work at the fbi. judicial watch has been trying to get to the bottom of this but the fbi already did. as we know -- >> how did they get to the bottom of it? i'll let you talk but we're still seeing e-mails. one of them from abedin to clinton, subject libya, after benghazi. not sure f/p aware of our covert project. this is an e-mail, not just on an unclassified server, but an e-mail on an unclassified laptop of a guy who's about to go to jail. >> i'm glad you ask. what happened, then, and hard to remember a year ago, but the fbi said oh my gosh we have to reopen this.

we found that there's this information on the laptop. and they put it through computer processes, algorithms, and all of the e-mails here we've looked at them, there's nothing new. were there classified documents, perhaps. the fbi in its considered juchlt and justice department de sided not on doning. i'm surprised to hear it, but i'm glad jeff sessions is the head of the justice department and not chris farrell. >> are you glad that jeff sessions is at the justice department? >> i am. and hear's why. we don't have a creme national in charge have the investigation any more. >> he doesn't seem to be doing anything. >> we don't know what's going behind the scenes. may be good evidence to bring it back, before the fbi, and open this case. as long as the statute of limitations has not run we should. it's not -- her punishment, hillary clinton's punishment was not losing the election f she broke the law and those who workled for her, she should face the consequences of that. and comey, in that clip you played, sounded more like her

defense counsel an prosecutor. >> i want to get to comey. i want to go cuss on. we're not just saying hillary clinton this, huma abedin that. chris farrell says maybe there ought to be a criminal investigation of james comby. a little i said in the open, october 28, 11 days before the election, james comey does something that really hurt hillary clinton politcally and says, we found e-mails that are possibly pertinent to her server probe. in fair'sness to her, donald trump goes on the campaign trail and says this is corrupt ocean a scale we've never seen before. i looked at the time line, november 6, comey comes back out, right before the election, we looked at the laptop, it's complete, that damaged hillary clinton. >> no question it damaged her. peep km call it whining after the fact but the facts are clear in polling. the internal campaign following have polling was clear she dropped right when she started that and continued to drop until she came out again. it was, the notion that he was complicit in supporting her is

preposterous. >> brad something else that struck me, donald trump after comey said it's all clear on november 6, about the laptop, which now sounds like maybe it wasn't all clear. donald trump at rally in michigan, said, quote, it's a rigged system. i ask that, we didn't know then but we know now, peter strock, other fbi officials, were running this investigation and they were pro clinton. >> it's a krument system. i think that there's serious problems within the supervisory level of the fbi. we've seen it with tampering of the initial investigation. where they claim that hillary clinton was not grossly neglect, she was merely careless. the standard they dumbed down in order to shield her from prosecution. we saw with it the supervisory agent as you pointed out before, texting the girlfriend, with derogatory statements about trump. this is not the way the fbi should run. and in america we shouldn't have to have a 501-c-3, a charity,

doing investigative work for the american people. our government has been hiding information from us, why, they don't want to us get to the root of the problem. >> talk about the elephant in the room, there's a reason all these republicans are saying it's a rigged system and the fbi is terrible. and corrupt. why? because what's gho egg on right now, mueller is investigating, they're afraid of what may happen, the white house is putting out feelers in the media perhaps they'll go after flynn's credibility, they don't want anything to hurt the president. >> the white house legal team denies they'll go after flynn. donald trump did an interview with the "new york times," where i think mueller is going to do a fair job, brad. >> mueller's charge is supposedly collusion between the russiantion. so far, the prosecutions that he's -- rather theal low kugstion he's got and the indictments have nothing to do with russian collusion. this is personal behavior. >> goes back to 2004. >> right. perjury to them personally. mueller isn't investigating the things that should be

investigated by the fbi. that's these and the e-mails. >> and the democrats spreading this idea that the president is going to fire mueller. >> i'm not going to say that, i have no indication. but i believe much of the discrediting of the fbi, we should be concerned, most fbi agents are patriotic americans. >> they r. >> and call the whole system rigged, to say it's corrupt, does disservice to our country. that's what the russians warrant us to talk about. >> last question, does the fbi, did they do a thorough job when we're still finding classified e-mails? >> these e-mails are no different than what they found, they're public now. >> thank you. the showdown coming early next year over the president's vow to build that wall. democrats demanding legal status for the kids of illegal immigrants. the president says no, not unless he gets the wall. who has the upper hand? a full debate ahead. they disliked the president so much, some liberals are turning on the "new york times." the "new york times," for being

a little polite to the president. later, where in the world did masked gunmen open fire on a church? the

year. trump took to twiltder to warn democrats about the agenda ahead laying down markers on immigration reform. hint, it must include a crackdown on illegal immigration. wlauren blanchard joins us to explain what that means. >> back in september the president ended the daca program, telling congress they had until march to come up with a long-term collusion have solution. the president tweeting he told democrats for there to be a deal there had to be a border wall, an end to chain migration and end to the immigration lottery system.

demands republicans say should not come as a surprise. >> the president has been consistent about that. he and senator cotton and i have been saying that any stlugs for daca has to include an to end this archaic chain migration and money for border security at our wall on the southern bore they are. the only reason we won't get a deal is because people are so stubborn they can't get it. >> the aclu tweeting the president put young immigrants in peril and needs to fix the problem. some wondered if democrats would try to use it as a bargaining chip during spending negotiations. both sides said they want to protect the hundreds of thousands of dreamers in the u.s. but now we're faced with another possible government shutdown on january 19. the president says he's trying to protect the country opponents say the commander in chief is playing with and hurting these young immigrants.

>> most americans agree we need border security. we also need most americans agree we need a compassionate approach to young people who came here, through no fault of their own, not of their own volition. >> dollar bipartisan talks planned to try to negotiate a deal. on wednesday the president will be sitting down with his budget chief, legislative affairs director, and congressional party leaders. the white house says there will be another meeting between the president, mcconnell, and ryan at camp david next weekend. the president did try to hold a bipartisan meeting on immigration earlier this month, that morning he tweeted an immigration deal was unlikely and democrats backed out of the meeting. we'll see if this meeting next week goes on as planned and if they're able to come up with a deal. >> thanks for this tonight, and all week, happy new year. >> happy new year. >> live reaction, from texas attorney general ken paxton, good evening, thanks for joining us. >> happy new year, glad to be

on. >> i wonder what you believe are the prospects for actually getting the deal that lauren laid out. the president seems, he's sticking to his guns and saying if you want a deal on daca you have to start building this wall. >> look, i have been hopeful about this since he was elected, he's done more with immigration reform and border security than any president in my lifetime. this is something that can be worked out, given the democrats want daca reform and the president wants his wall. i don't see any reason we can't get a deal done. >> democrats have been resisting his agenda from day one. we've seen, in fact, one of the accomplishments that doesn't get a lot of aterngs that you know better than any of us do, along your southern border. the fact that a lot less people are getting across that border illegally, because of some of the measures the president has already taken. what kind of public case needs to be made by he and others to get a deal make sure the

democrats don't have the upper hnld hand and you don't get the wall. >> telling the truth, telling the truth about what texas has dealt with over the last five, six years with all kinds of crimes that have been committed. we have documented over 600,000 crimes committed by illegals, 1,200 homicides and hor richic crimes. we have the example of what happened in el paso, used to be one of the highest crime cities in our state. because there was a barrier built, a fence, it now is one of the safest cities in america. there's lots of data points that the president can point to, that would suggest this would be successful policy for our state and for our country. >> another important part of this debate is change migration. we saw this terrorist in new york city killing and injuring people on the bike path not long ago, got into this country, brought others in as well. kevin mccarthy, the house majority leader was on fox with playing mike emmanuel last night. >> if we can fix chain migration, get the security

along the border, i think we can come to common ground that everybody can agree upon and solve this problem. i'm hopeful we can get it done this year. >> is it reasonable to expect that we're actually going to see progress not just on a daca wall deal, but finally doing something about chain migration as well? again, just like mccarthy was suggesting, i'm hopeful as well. it's been too long since we had reform. it's also looking across america, congress, to get something done. it's time that that happens on immigration. and there's something for everyone, in this type of deal, as long as they're willing to come to the table and talk. >> mr. attorney general, last question, what do you make about various governors across the country literally coast-to-coast, democrats, jerry brown in california, andrew quomo in new york, pardonning illegal immigrants, convicted of felonies, all because they want to prevent the president from deporting these illegal immigrants. >> it makes literally no sense

to me. we have the same thing, had the same thing in texas with sanctuary cities. i don't understand why any government official would spend taxpayer resources to harbor illegals who we know have committed crimes. the up-side for citizens of this country is absolutely nothing. i don't think there's a good explanation as to why any government official would promote that. >> ken paxton, attorney general of texas, thank you. unprecedented security measures put in place for new year's eve celebrations all around the world. how new york city is going all-out to keep time square revellers safe, especially since i'll be there. in iran, peaceful protesters arrested, how president trump is responding. with advil's fast relief, you'll ask, "what pulled muscle?" "what headache?" nothing works faster to make pain a distant memory. advil liqui-gels and advil liqui-gels minis.

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>> welcome back to fox news at night. the last picture in times square, new york city, where i will be in a couple of nights.

those who plan to brave the bitter cold, can expect to see extremely tight security. correspondent brian yennis reports on the measures taken that year to keep revellers warm, and safe. >> two, one, happy new year! >> new year's eve organizers touch dropped confetti as preparation continue for the famous ball drop. last minute preparations are under way for america's biggest new year's eve celebration, one thing on everyone's mind is the frigid weather. it's forecasted to be 10 degrees, wind chill below zero, making it the second coldest new year's eve in new york city history. >> i don't think it's safe to be out here in this temperature. hopefully they'll put warming stations up. >> you will be packed in with so many people, like all those penguins, you know, they get all that heat mass going. i don't think it will be that bad. >> the arctic chill has nations

worried about hypothermia and frost bite. pennsylvania and nebraska have cancelled outdoor celebrations. philadelphia is adding warms stations for police officers. the new york police department is taking extra security mels towers protect times square following two terror attacks in the city in as many months. >> you will see an increase in heavy weapons, bomb squad personnel, radiological detection teams, and technology to include ore 1,000 cameras in and oi aye round the area of times square. >> aviation units monitor it vent from above while vapor weight dogs sniff out bombs, this will be police in hotels overlooking times square a response to the las vegas shooting when a gunman shot through the hotel window killing 58 below. in fact, las vegas which hosts the second largest celebration in the nation has tripled its security budget for year to 350 dhou dollars, and more than

doubled the national guard troops. >> this year, along with those spotters, they will be accomp y accompanied by snipers, individual in possession of rifles to ensure safety, if a threat is recognized. >> the nypd says they're aware of an isis propaganda video released this week encouraging followers to attack intoxicated revellers but they emphasize there's no specific credible threat to times square or new york city. as for weather, the mayor admires people willing to stand out in the cold for hours but he warns they should dress warmly and take the weather very seriously. ed? >> thanks, brian. amiddle our extensive new year's coverage, your humble host is proud to be a part of, we will be highlighting our men and women in uniform, including a bakery investigating those who serve and sacrifice for the country n a year dominated by national anthem protests, kneeling the nfl, we thought you might like to see what's

happening at dog tag bakery, vets get jobs baking cookies and other treats. it's pretty sweet. >> they call it dog tag because of the id thas millry personnel wear. your -- military personnel wear. >> i dmam as a military spouse and five-year veteran as well. this program really helped me develop skills, but also addressed it. >>ca santa martinez graduated from the work study program at dog tag. the cafe in the nation's capital that is stirring up a lot more than just goodies. vets stay this place is, yes, baking a difference in the lives of america's heros. >> dog tag has been great in my transition from the military, portion of my life, to the transition back to civilian. from holistic approach, they provide alternatives to the traditional ptsd, they've been pivotal in my growth as a military servicemen to businessman.

>> about 30% of the employees are either veterans or have some affiliation with the military. spouses, caregivers, or relatives of our bravest. >> my father served in the marine corps for 26 years, my sister for six. my mom served for all of it. >> megan is the ceo here, drawing on her experience on wall street and the fact that the bakery is in the shadow of the prestigious georgetown university. >> a living business school n our classroom right now, our fellows go through seven courses taught by georgetown professors, we use the bakery to experience what it is to do marketing, to do accounting, and what it is to do something as simple as selling product or creating it. >> veterans like peter scott say the hardest part of the time in the military was not serving in war. it was getting out and moving on. he came out of the army with post traumatic stress and after years of having everything planned out, was saidenly on his own. >> it's been about three, four

years, kind of soul searching. >> finding yourself? >> finding myself. >> start at the bottom. >> it takes time to build up that competency and build up the experience. if i can take the worry about where the next meal is coming from, that's a big help. >> scott has left dog tag and is running his own nonprofit. wade has a mant nampbs and pest control company, while martinez has joined the accounting firm deloitte to develop their military spouse programs. >> what our program means, is find your passion, ig night the human spirit again, help create a plan of moving forward. it's not about a handout, it's not about charity, it's about resources and giving these men and women the resources to help make decisions of what they want their life to look like moving forward. >> and at a time when our economy is getting stronger, veteran unemployment and homelessness still a huge problem. some of these veteran from dog

tag will be joining yours truly in times square to tell us about the transition from the battlefield to the home front. tune in, new year's eve, i will be pant part of countdown to 2018. then at 10:00 p.m. we'll hand it off to keb di and jesse waters going to middle night with the all-american new year's eve special. snoop dog why does he carry an umbrella? for drizzle. [groaning] thank you, i'll be here all week. actually, my week is up. shannon back monday. promise. >> where in the world, in about 90 seconds, protests spreading to at least 20 cities inside iran. they started when the raurnian government raised food prices such as doubling the continue of eggs. now we're hearing the protests are turning into a challenge to the country's theo cattic system. amid tanger over tehran's

funding of terrorism abroad and the war in syria. the white house condemning the arrest of some protest leaders, saying the iranian government should respect the people's rights including the right to respect themselves. the world is watching, he wrote. isis claiming responsibility for an attack on coptic christians in egypt. two gunman shot up the church south of cairo. police killed one, arested another, but not before a policeman and eight worshipers were killed. amid tight security, berlin, germany introducing women only safe zones. dozens of women were sexually assaulted and robbed on past new years eve celebrations. the women saying they were attackled by middle eastern migrants. not always gloomy, we've been wanting to show you these pictures, 3 week old polar bear cub at a berlin zoo opened it'ses for the first time.

polar bear mother and cub are not currently advice toinl zoo visitors, enjoy this sneak peek. the president's battle with the media continues, why he thinks he'll win in 2020. late area school in oregon is considering getting rid of their mascot after almost 90 years. the reason, you won't believe this, it has to be gender neutral. the mascot. wait, what? details coming up. >> i think the idea of gender neutrality, of inclusiveness, is overdue.

interview with the "new york times" yesterday. "new york times" readers are, quote, angry that there was no minimal pushback and a lot of criticism are coming from journalists that you can't credibly accuse of it not working. seemed to be shared by media professionals on social media. here to dig in on the president's fight with the press, white house correspondent for the washington examiner, sara westwood. nice to have you here. gets interesting when critics on the left actually start attacking the "new york times." >> right. it's amazing to watch reporters close ranks around each other when one of them makes a mistake that hurts president trump. but then to go after one of their own, when they conduct an

interview, that might actually help president trump. >> they were angry about the presidenter mike schmidt with the help of chris rudde, member of one of the president's golf clubs, he gets an interview, everyone wants an interview with the president. the president made lot of news. north korea, strong words for china, talking about the economy, talking about robert mueller. and the argument was when they published the transcript in some cases the reporter seemed too nice to the president. i see what you mean. then ask another question. this is a tactic reporters use to draw somebody out. it's not like he was agreeing with the president. >> exactly, it comes from the mindset reporters have that any coverage of trump that isn't purely adversarial is carrying walter for him. we learned about what the president thinks of legislative process, what is on the docket for 2018 about north korea, about how he views his role in relation to the justice department. these are things we wouldn't

have learned if the reporter had con fronted him at every twist and turn. >> not like michael schmidt asked him what enchanted him about the first 1900 days. remember that in the obama days? >> yes, a lot of the coverage much president obama, certainly there was a lot of focus on obama's policy. any coverage that focuses on policy with relation to the drump administration is considered weak or propaganda. >> another outgrowth is some on the left believe the president's statements were too grandiose, leading thome a stark construction. brian fallon earlier tonight, used to be a spokesman for hillary clinton, on cnn. >> they're dangerous, delusional statements that suggest he has a loose grip on reality. >> donald trump it is fair to start asking questions whether the man is fit to hold the job. >> he's questioning the president's mental fitness based on an interview with the "new york times.." >> >> i'm old enough to remember when it was ta gough to question

the health of a politician, when hillary clinton was running for it. this is something the left has started to talk about. president trump is nothing if not consistent. he has been this bombastic since he entered the presidential race, since he won the g.o.p. nomination, since he became president, he bz to celebrate his first anniversary in office. he's not going to change his attitude. >> as he celebrates that first year in office, think back to the campaign, many in the media said he had no chance to win that race. in the first early days of the administration. he has no chance for major legislative victories. he has had struggles, he still has special counsel investigation, that's a wildcard. but he ends the year with this dramatic legislative accomplishmented on tax cuts. where do you assess his presidency and where does he go early next year with the state of the union opportunities? >> obvious dli were, like you mentioned arc loot of road bumps during the first year of the presidency, debacle with healthcare over the summer, eroded confidence in republicans

being able to do anything with their majorities. but necessity overcame with it the tax reform bill. that tax reform bill undercut the criticism of president trump that he doesn't know how to govern, he did pass historic policy. in the state of the union, look for president trump to lay out what his vision is for the next three years of his presidency now that he's notched one of the top goals, which is cutting corporate taxes. >> next three years, he hopes it's the next seven years. sara westwood, appreciate you coming in. >> thank you. >> school in oregon is considering a new mascot all in the name of gender incluesivity. south eugene high school has been home to the axmen for 90 years. now a petition to axe the axmen for something more gender neutral has been presented to the school signed by hundreds of students, teachers, parents. they plan to hold talks about the issue after winter break. coming up, if you like it, think twice before you put a ring on

it. we'll pick that up when night court convenes. a the first lady lit up the christmas selfie, ivanka trump is taking heat for this picture. why the left is freaking out. [lance] monica, it is absolute chaos out here! gale force winds, accumulations up to 8 inches... ...don't know if you can hear me, but [monica] what's he doing? [lance] can we get a shot of this cold front, right here. winter has arrived. whooo! hahaha [vo] progress is an unstoppable force. brace yourself for the season of audi sales event. audi will cover your first month's lease payment on select models during the season of audi sales event.

i mwell, what are youe to take care odoing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios. the automated investing solution that lets you focus on your life.

>> time for night court, if you're considering popping the question, this new year's eef, pay close attention to tonight's case. florida fashion designer wyatt koch proposed to his girlfriend last spring, giving 8.24 karat oscar hayman cushion cut ring. he purchaseled it for $180,000. in may he allegedly called off the engagement but kept the rock.

now koch is suing in florida district court to get the ring back. koch asked for it back, claims it was received as a, quote, conditional gift. koch's wlaur says the ring is valued at $250 now. and are speaking additional $15,000 in damages. let's convene night court with our legal eagle, david comes from new york. and former prosecutor david dipietro, a florida trial attorney. counselor dipietro, you're in florida. what does florida state law say? >> hell hadz no fury like a billionaire scorned. this billionaire has a great case. florida law allows for conditional gifts for engagement rings. it's presumed under our law if you gave an engagement ring and the other person did not actually go through with the wedding and get married, you are entitled to that gift back.

so i see this case as being a good case for him. but what was interesting, the very skimpy law supt that he filed. not a lot of allegations. it's going to be interesting what her counter lawsuit might look like. seems there's more to 24 story an $250,000 claim on a ring. we're going to be seeing more. >> our viewers seeing pictures of mr. koch, directions very colorful clothes. mr. bruno, counselor bruno, do you see case for the lady here? >> well, not specifically on this case. i'm surprised, too, i'll get to the defenses for the female. but i'm surprised that he filed this lawsuit. because with all of the money going after $250,000, opening yourself up to depositions and interrogatories about the marriage, is question an and risky. as far as the woman, i mean, what could be argued is the fact this is a gift and not conditional. i don't think it'll work in florida.

but throughout the states of the united states, it really depends. because states are split on this particular point. if it's a gift, like any other gift, christmas gift, a birthday gift, once you receive a gift it's yours. it can't be taken back. >> you raise something interesting. a colleague said before the show and counselor dipietro, i wonder if i can run it past you? people have advised by colleague who shall go unnamed that you should not propose in florida or anywhere else on a holiday, like birthday, or christmas, because then it's more likely to be deemed a gift and not just about the potential marriage. true? >> not true, actually, florida, i look took a look at the case law, florida is pretty clear engagement rings are presumed to be conditional gift. and they're like the one minor exception. any other gift throughout the relationship is presumed to be a gift.

birthday gifts, cars, clothes other jewelry. >> what if you propose on that day, if it's your birthday and you propose on the day, it's special for her, her birthday, does it make it more likely then it's locked down that it's a gift, nothing to do with the wedding? >> i think the engagement ring exception is a good one. if you look at his lawsuit, he bought other jewelry and he's not suing for that, probably because his lawyers told him that that kind of gift is not going to be recoverable. but engagement ring is a solid claim under florida law. i just think when a billionaire that's related to part of the koch family fights ore a ring there's more to the story. i think what he should be fearful of is counter claim. some salacious things can be put in a lawsuit f you go after somebody with salacious allegations put it in a law suit. >> counselor bruno, 15 seconds. >> in addition to that argument there's one more. that is there are some states

that use a fault analysis. so it could be if one individual breaks it up, they cannot be the one to actually try to get the ring back. it depends on the state in florida, i think, qoch is going to win. >> wow, thank you, think twice before you do it this new year's eve. check the law. >> you got it. >> happy new year. >> good to see you. >> meanwhile, a museum of selfies is set to open next month in los angeles because obviously. the new museum close to the kardashian bills itself as an interactive space. they will also host areas with proper lighting for visitors to take mayor own quality self portraits. earlier this we can we told you about first lady melania christmas selfie had detractors. the president's daughter coming under fire for this foer to of her his band and son on a boat. there's a confederate dplag way in the background that appears to have nothing to do with them.

ivanka trump pointed a series of pictures with her son's fish that he caught, saying to any kid this fish is a trophy. hmm. coming up, pro golfers not the only ones welcomed to president trump's gulf coast. how he thanked the coast guard. >> today we close the course, no one is using the course, you have a little tournament.

>> we told you last night about how president trump has been hitting the links with golf pr i pros. not only his guest this week, the president told members of the coast guard today, the course is yours. closing down his west palm golf course, thinking that for the relief effort during hurricane arm up. really cool, great way to think the. we have a live picture right now of times square. that is where i will be on sunday night. i hope you will be there in spirit, the fox news channel. that guy, jesse watters, he will be there along with kennedy at 8:00 p.m. eastern we start and onto kennedy and waters is a mention. 10:00 p.m. eastern, they'll take it to midnight(úp'd that all five of us in a bunch of other contributors will be there to keep the party going on the

fox news channel. thank you, shannon bream, for letting me fill in for you. we were all looking forward to return. good night, washington, i am ed henry. happy new year. on the other side of his head. don't go anywhere. >> welcome to hannity. president trump's first year, we are quickly approaching. 12 months since donald trump took office. tone for full hour we will focus president trump's big moments. battle against the fake news media and show you the highlights from the two sit down interviews we did with the commander in chief. president trump known to fire up a crowd at rallies. tonight we will start with highlights. take a look.