>> shepard: it's noon on the west coast. 3:00 in the east. an enormous snowstorm the clamming the coast. a bomb cyclone even. paling in comparison to the political winds blowing in washington. the white house now attempting to stop the publication of a controversial book which contains extraordinary stories from inside the white house and explosive quotes from steve bannon. bannon himself now talking about the turmoil, even as the white house orders him to knock it off. we'll have the fight, the fallout and what may be the future happening now. plus, words the justice department will unleash federal prosecutors to enforce marijuana laws in states which have

legalized pot. so is it time to hide the bong? let's get to it. and first from the fox news deck this thursday afternoon, cease and desist. the president's team is taking action over the explosive new book featuring stories from inside the white house. the president's lawyer apparently trying to stop its publication and threatening to sue the former chief strategist, steve bannon, over comments the book attributed to him. last hour, sarah sanders said that the book is complete fantasy and trash. she blasted its depiction that the president is unfit for office. >> it's disgraceful and laughable. if he was unfit, he wouldn't be sitting there and would have defeated the most qualified group of candidates the republican party has ever seen. this is an incredibly strong and

good leader. that's why we've had such successful 2017 and why we'll do great things as we move forward in this administration. >> shepard: an attorney for the president is demanding the author, michael wolff and his publisher call after the book's release for this tuesday. the letter reads in party, mr. trump demands that you immediately cease and desist from my dissemination of the back and the excerpts to any person or entity and you issue a few retraction to my client as to all statements made about him. according to the book, president trump spends his nights watching television, eating cheeseburgers in bed and complaining to friends on the phone. the hollywood reporter released an excerpt who said that the president repeats his own

stories. everybody was aware of the pace of his repetitions. he would repeat word for word and expression for expression the same three stories. now it was within ten minutes. indeed, many of his tweets were the product of his repetitions. he couldn't stop saying something. the president's supporters say michael wolff is not credible. they say he has a history of making false statements and inventing conversations. but wolff himself says he had unprecedented access to the trump administration and conducted hundreds of interviews including with the president, senior staffers and other insiders. wolff said he had something like a semi-permanent seat on a couch inside the west wing. he admits some of the accounts he received from the white house insiders contradict each other. he said he included the contradictions in the book and in other cases settled on a version of events that he believed to be true. yesterday we saw excerpts that

quoted steve bannon calling a trump tower meeting with russian lawyer treasonist. the president's letter sent a cease and desist letter to bannon saying he violated a nondisclosure agreement. the president yesterday released a statement saying that bannon lost his mind when he lost his job as the chief strategist. the president also said bannon had nothing to do with his presidency. still, steve bannon is defending the president on breitbart's radio show he said we're as tight on this agenda as we have ever been. >> the president is a great man. you know i support him day in and day out, whether going through the trump miracle speech or on the websites. >> shepard: the president responded. here's how he reacted to it. >> any words about steve bannon? >> i don't know. he called me a great man last

night. he changed his tune pretty quick. thank you very much. i don't talk to him. >> shepard: i don't talk to bannon. peter doocy is live with more. >> shep, it's no longer just lawyers with their cease and desist letters talking about whether or not this book should be published. sarah sanders just said that president trump does not want this book, "fire and fury" to be published either. she did not go into details instead saying how far the president would be willing to go to stop its publication, which is early next week. the white house is offering specifics in terms of what they say is proof that not every account in this book is accurate. one of the big ones that they keep pointing to is an anecdote that michael wolff uses where he quotes somebody as saying that president did not know who the former house speaker john boehner was. >> i'll give you one because it's easy.

the fact that there was a claim that the president didn't know who john boehner was is pretty ridiculous considering the majority of you have seen photos and frankly several of you have even tweeted out that the president not only knows him but has played golf with him, tweeted about him. that's pretty simple and pretty basic. ages of employees, which would be super easy to fact check. there's numerous mistakes. i'm not going to waste my time or the country's time. >> and one more of the former administration officials who is quoted by wolff is coming forward this afternoon to say that this quotes attributed to his name are not accurate. sean spicer told me this afternoon he hasn't seen everything that he's quoted by wolff of saying, but what he has seen is not right, shep. >> shepard: back to steve bannon. what else did the white house have to say about that this afternoon? >> they're amping up they're attacks by saying the conservative website breitbart, which he is in charge of, should

fire steve bannon. >> the book also says that he had been sidelined by april, which goes further to indicate that he had very little credibility to give much information after that point, which most of the book is based after that time frame. this book is mistake after mistake. i'm not aware that they were ever particularly close. i would certainly say that they have spoke a few times since he left the white house. it's not like there were regularly scheduled calls or certainly no meetings between the two of them. >> so sanders did say that the breitbart heads should consider getting rid of bannon who has completely changed his tune today. he's very complimentary of the president but the president and his team not ready to return the favor. >> shepard: now the white house is banning cell phones in the building or in the west wing? >> for security reasons. they're saying that because of concerns about the integrity of

technology systems in the west wing, staff and their guests are no longer going to be allowed to bring any electronic device that was not government issued into the area where the oval office and the senior staff have their desks. >> this is about the security and the integrity of the technology systems here at the white house. this is something that has been in process and in the works for over six months. we were making sure that all of the information and the ability for the government phones to increase their ability for other application so that we can comply with presidential records act. >> so the announcement about the personal cell phone ban has been long discussed. it does come one day after reports started to surface that some of these accounts, some of these interviews attributed to senior staffers that have since come forward to deny their accuracy on claim that they were

off the record may have actually been reported, shep. >> shepard: peter doocy live at the white house. let's turn to john bussey, associate editor of the "wall street journal." he's a fox news contributor. good afternoon. >> good afternoon. >> shepard: some quotes here. the first from bannon. treasonist. he said the three senior guys in the campaign thought it was a good idea to meet with foreign government in the trump tower with no lawyers. if you thought that was bad stuff, and i happen to think it's all of that, you should have called the fbi immediately. treasonous, he says. >> interesting language coming from a man that was a chief adviser to donald trump candidate and then subsequent to that donald trump president. two implications of this material coming in. one is exactly what he said. this comment being one of them. also what it means for the 2018 mid-terms. what he said is going to just --

it's just going to give -- if it didn't already have it, continued momentum to the mueller investigation. this kind of language. questioning the sensibility of that meeting with the russian lawyer. he went beyond that. he said, as you will know, shep, that mueller has hired some of the best money laundering expert prosecutors in the land. he's looking deeply at this issue of money laundering. whether or not this bumps up against the trump organization, we don't know yet. bannon's language in the book, which he has not denied this language, this is all about money laundering he said to mr. wolff. he said trump goes right through paul manafort, don jr. and jared kushner. it's as plain as the hair on your face. what is he suggesting there and how much of this is going to give more legs to an investigation that the trump presidency had hoped to sort of

wrap up by christmas. >> shepard: one of the things he said the first prosecutor was all about money laundering. to him this investigation is about money laundering. >> that's where bannon is headed. this is a political bromance gone bad. it's going to have longer term implications for what is now going to happen this year in elections around the country. the trump group of electorate is now split between those people who are going to support president trump and those that support bannon and sort of the nationalist image that he has for the country and the agenda that he helped set that got trump elected. the language of that agenda. there's going to be a split. if you're a candidate out there a republican candidate, do you sort of welcome steve bannon's endorsements at this point? is that going to cross you with the president of the united states or do you shun it? that's the cleavages that you'll

see along with the cleavage that has the establishment gop kind of off on its own at this stage. >> shepard: the allegation for trump winning is going to be the most famous personal in the world, he was going to parlay that fame into a news network here. trump did not enjoy his own inauguration. he was angry that a-level stars snubbed the event and fighting with his wife who seemed to be on the verge of tears. throughout the day, he wore what some around him had on his golf face, angry and pissed off, shoulders hunched and arms swinging, brow furrelled and lips pursed. >> it's going to be tough for a administration who has been having a hard time telling the truth. again, the implications for this

politically in the united states are notable and will play out as this year goes on. jerry size has a very good video about this right now, about what are candidates now going to do. how are they going to confront yet another change in the landscape for republican candidates. >> shepard: there's the matter of leaking inside the white house. today we hear about this cell phone ban in the west wing. that is discussed as well. as details of trump's personal life leaked out, he became obsessed with identifying the leaker. the source of the gossip may have been trump himself in his calls throughout the day and at night from his bed. he often spoke to people who had no reason to keep his confidences. he was a river of grievances which spread to the ever a tentative media. >> so the desire to control the image of trump inc. is playing out also in this notion of the cease and desist order. if you really want to promote a

book, attack the book -- the book is out there. people will see it. it's being made more pronounced in the political landscape. it's probably not the best way to go about trying to squelch something that is critical of your presidency. >> shepard: that's how it appears. tens of thousands of presales. john bussey, thanks very much. the president's lawyers firing off letters to try to stop this new book from hitting the shelves. we'll speak with a justice department lawyer about the trump team's chances and why the president's lawyers may not want to file suit no matter what. have you seen the dow today? a major milestone as it tops 25,000 for the very first time. will it stay there for the closing bell? under all of the circumstances, they will be snowed in in lower manhattan. 1-3 inches they said yesterday. now talking about ten at j.f.k.,

15 on the east end in boston. forget about it. smile dad. i take medication for high blood pressure and cholesterol. but they might not be enough to protect my heart. adding bayer aspirin can further reduce the risk of another heart attack. because my second chance matters. be sure to talk to your doctor before you begin an aspirin regimen. i'm to help you park safelyball danin your garage.ring it's part of my new year's resolution: no more mayhem. making sure your car is pulled in far enough... but not too far. ♪

>> shepard: more on the president's attempt to standoff the release of "fire and fury" a book that paints a negative picture of his time in office so far. i mentioned the president's lawyers have sent a cease and desist letter to the author. what about the chances that that

might work? let's go to stephen melroy, currently a professor at the university of memphis where he teaches constitutional law. thanks for being here, professor. >> thank you. >> shepard: cease and desist letter to a publisher and author. chances of that are what? >> slim and none, i'd say. under the first amendment, this disfavors the publication of a book. if there's some damage, defamation or something of that matter, you can handle that later on after the fact by a suit for damages. a prior restraint against publication of the book, i think very unlikely a court would grant that. >> shepard: is defamation a tall order in a court of law forest specially a public figure? >> absolutely, shep. you have that right. under "the new york times" versus sullivan supreme court case, under the first amendment, if it's a public figure or public official, you'd have to show reckless disregard of the truth and factual statements,

which is a very tall order. you almost never win those cases. in this situation, a lot of the things that are controversial that mr. bannon supposedly said in the book are matters of opinion, not fact. that's not even covered by defamation law. >> shepard: and then there's the matter of depositions. if you were to file such a thing, wouldn't the president have to give his side of things and be crossed? >> again, you're right about that. i think it might be a real tactical mistake by trump's lawyers to file this lawsuit. they would be opening themselves up to discovery. the other side would have document requests and look into things that the trump campaign may not want to have to disclose. >> shepard: on the book itself, you're saying that he cannot get an order to stop this book because of prior restraint. just the law says you can't do that. is that right? >> yeah, there are very limited exceptions to the prior restraint doctrine. national security issues.

you can get a prior restraint against troop movements in time of war, this kind of thing. but for political embarrassment, courts are unlikely to do it. >> shepard: great to see you, steven. are you in memphis today? >> no. i'm in san diego at a conference. that's what's behind me. >> shepard: be glad you're not here. thanks so much. >> thank you. >> shepard: extreme weather alert now. thousands and thousands of flights are cancelled. the roads in many cases are impassable. wind gusts have topped 70 miles an hour. the east coast snowstorm causing all kinds of trouble for millions of americans. we'll show you where it's hitting the hardest and what it really looks like when you're having a bomb cyclone and what is a bomb cyclone? stay with us. do you need the most trusted battery for your son's favorite toy? maybe not. maybe, you could trust he wouldn't leave

the upstairs water running. (woman screams) or, you could just trust duracell. ♪

we know life can be hectic. that's why, at xfinity, we've been working hard to simplify your experiences with us. 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. >> shepard: extreme weather alert. a live look outside fox news head quarters in new york city. 15 minutes ago, it was like a blizzard out there and had been since this morning. apparently that last band, thin band of this storm, has moved away. it's a massive winter storm creeping up the east coast, dumping snow from florida all the way to new england. take a look at boston where the tide was -- hit at high tide and so high the streets were flooding and icing over. it appears to reached a record level. crews using boats to rescue people. a report that a transit station has also flooded. a lot of news out of boston. this is new jersey, 50 mile south of philadelphia.

forecasters say parts of the northeast snow is piling up in a rate of three inches an hour. officials issuing blizzard warnings and states of emergency. airlines have cancelled thousands and thousands of flights. images to show you in our slide show for you this afternoon. this is -- look at this. downtown charleston, south carolina. you can see snow on the palm trees there. this is savannah, georgia. three cars on an amtrak train off the track. spokesman for the railway says that that train was going from miami to new york, which they shouldn't have been doing today anyway. one passenger described what happened. >> we were trying to pull up normally. the switch was frozen. after like an hour of trying to defrost it, they gave up. so we passed the station and then back up into it. then the baggage car derailed. >> be glad you didn't make it north. nobody hurt, this is also savannah. some kids building a snowman in a park.

the governor of georgia has declared a state of emergency. here's a worker removing snow outside the white house. a last one. this is nantucket off the coast of boston. you can see this is a -- they're call it a slurpee wave. the waves are turning to slush. this is gerri willis in manhattan. gerri, i just stopped just in time for you. >> you think it's better out here? is that what you're telling me? i'm wearing a coat certified to 45 degrees below zero. look at this hat. this is a very very, serious storm. the temperature a 22 degrees. this doesn't tell the whole story. we've been dealing all day long with high winds and snow just flying into everybody's faces. i want you to see what is going on over here on sixth avenue. take a look. we've had a lot of traffic out here despite the fact that the

mayor telling everybody, don't drive your cars today. what is going on? everybody and their mother is out here. cars all over the place. they're sliding. by the way, de blasio told folks that you'll probably never see the street out here. we don't think we can get it uncovered. a lot going on there. what would be really great is if you were out here with me. what kind of world are we in when the business reporter is outside in the snowstorm and shepard smith is in the studio? >> life is unfair. 24 hours off the beach. it's a shocked system. the storm is -- >> hope you were having fun. we can have fun out here. >> shepard: we could. >> i'd lend you the jacket and the hat. >> shepard: the great folks at rockefeller center are good at plowing the sidewalks. they're not bad. >> the only bad thing about this snow, shep, it's is not like -- if i can make like a snow ball, i would. >> shepard: it's light and

fluffy. easy to shovel. not too bad on your back. this storm is 250 miles cut-off shore. if it were closer, we would have feet of snow and hurricane force winds in new york city. even with this distance, forecasters say the storm has brought wind gusts around 70 miles an hour in some areas. they call it a bomb cyclone. it's bombogenesis. that means blinding and blowing snow. take a look at the satellite image. it's insane. looks like a hurricane. its outer bands roaring over the northeastern u.s. forecasters say it could bring blizzard conditions to the north of us. for boston, it's far from over. adam klotz is in the extreme weather center. i walked to the subway. if it wasn't blizzard conditions, i don't know what they are. >> it has to get worse than that.

it was brutal in new york city the last couple hours. you talked about the distance, the center of circulation there. the distance is from shore. as it runs from the north to the east, it will guess closer to shore. if you live northeast of new york city, you'll so a worst version as it moves that direction. we're already seeing that. here's your satellite and radar. heavy snow with temperatures at 30 degrees in boston. the same is true in providence. the snow a little lighter as we just saw in new york and stretching back down to philadelphia and d.c. as it's getting on the back side of this system. if you are in maine, boston, through the providence area, all spots where unfortunately the snow will continue to come down harder and harder, we're still under winter storm watches and warnings. everything you're looking at in the red, that is the blizzard condition. the reason you get that is because of the white-out conditions, the gusting winds. we're seeing it. you're seeing it in boston especially. visibility hasn't been anywhere

between tenth of a mile and a third of a mile. looking at 2 1/2 miles of visibility in central park. continues to improve on the back side, shepard. that's what you get the blizzard conditions in. it's about picking up the dry snow and making visibility very low. >> shepard: looks like after the snow, record colds. >> absolutely true. again, it's all because of the circulation here. continue to watch this thing lift its way up the cost. as it does, it grabs this cold air and you see the numbers plummet, getting into the teens. they're going to be spots in the next couple days where you're looking at numbers across the entire country single digits. spots in new england getting down daytime highs in the negative 10-15 degree range. >> shepard: minus 1 in new york city saturday night. that's chilly. north korea and south korea are talking a again and president trump is taking credit for it.

the president tweeted earlier today with all of the failed experts weighing in, does anybody really believe that talks and dialogue would be going on between north and south korea right now? if i wasn't firm, strong and willing to commit our total might against the north. fools, but talks are a good thing. the president is also making a big decision that could ease tensions a bit with north korean dictator kim jong-un. the latest with rocketman next.

>> i'm lea gabrielle with a fox report. more of today's headlines. officials say 18 people are dead and more than 260 hurt after a train slammed into a truck and caught fire in south africa. the train was on its way to johannesburg. investigators blaming the truck driver for taking chances and crossing the tracks in front of the train. cops in atlanta say they're preparing for president trump to

attend the college football championship. a police spokesman telling the a.p. that his apartment is aware of his visit and working with the secret service. the powerball jackpot more than half a billion dollars. about $550 million and choosing the lump sum option would get you $300 million after taxes. you have a better chance of dying by meteorite than winning either jackpot. the news continues with shepard smith after this.

>> shepard: this is new. president trump and the leader of south korea have agreed to delay military exercises during the olympics next month. that's new from the white house. both leaders spoke on the phone and decided to delay the drills to ensure the security of the games in south korea. the white house says that campaign of maximum pressure against north korea will continue. north korean officials have said the military exercises make war

unavoidable. the move to delay the drills comes after north korean officials announced they reopened a hotline with south korea that had been so i lentz two years. president trump is taking credit for the talks. he claims the dialogue would not be happening if he wasn't firm, strong and willing to commit our total might towards north korea. rich edson is live on the top stories at the bottom of the hours. what are we hearing from the state department? >> the state department says the united states is fine with north and south korea talking on the telephone to perhaps discuss north korean athletes participating in the olympics. though this is while the united states is leading this pressure campaign to isolate north korea. that has analysts saying that this is north korea's attempt to try to drive a wedge between the united states and south korea. the state department says that the u.s. and south korea still have the same aims here, but the

u.s. has different conditions on whether it would talk to north korea. the u.s. and u.s. officials have been saying that north korea would have to change its approach, change its attitude, stop firing missiles before the u.s. would sit down and talk about this. though the u.s. has had an open line of communication with north korea since the earlier part of last year, shep. >> shepard: rich, moments ago the state department spokeswoman, heather nauert talked about suspending aid to pakistan. >> yes. the u.s. is going to suspend security assistance to pakistan until pakistan changes its approach and rules out the taliban and other terrorist organizations within its borders. here's what the state department spokesperson had to say in that announcement. >> this is something that should not come as a supplies to pakistan. the president, secretary tillerson and secretary mattis have had talks with pakistani officials alerting them to our concerns that pakistan has not

done enough to detain, to take care of and when i say take care of, i mean round up, terrorists and militant groups. >> this summer the united states said they would withhold $225 million in assistance to pakistan. this is a separate group or tranche of money. the first bit of money is being withheld by the united states. we're unsure and the state department says they can't tell us how much they're going to withhold from pakistan. they're also going to withhold military equipment from pakistan until, according to the state department, that country changes its approach to this. pakistan has denied that there are terrorist organizations operating and say they have worked with the united states to root them out of their country. >> shepard: rich edson with breaking news. back to north korea now. let's go to michael crowley from politco. a lot of talk on north korea and now this conversation. what are we to make of this?

>> well, it's interesting. there's different ways to interpret it. the president interprets it as a sign that his policy of getting very tough on north korea, being threatening, blustering some people say, is creating a willingness in the north to start negotiations, even if not with the u.s. but its neighbor to the south. another school of thought is that trump has actually alarmed the south koreans who after all would be seeing a war on their door step of the united states were to come to blows with north korea. they're desperate to avoid that. and one school of thought is that the north is taking advantage of what they see as a potential rift between south korea and the u.s. because the south koreans think that trump is getting a little potentially an itchy trigger finger. they're looking for some way to calm the tensions. we have to wait to see how this plays out, to see which side is right. it's certainly an interesting

development. most people would agree that it is a good development, that there's at least some dialogue with the north. nobody wants war with the north and everybody agrees this has to end with some kind of negotiated solution. otherwise, it's a catastrophe. >> shepard: the president said the north korean leader kim jong-un just stated that the nuclear button is on his desk at all times. will somebody from his depleted and food-starved regime please inform him that i too have a nuclear button but it's much bigger and more powerful than hit and my button works. what is the consensus on what it is that that was to accomplish? >> well, you know, i got to tell you, shep, among sort of foreign policy professionals in washington, the consensus is that that was not a great move. there are definitely dissenters, trump allies and supporters that

disagree. i'll give you the first piece of it. people say that that was hot-headed. reckless. you have to communicate extremely carefully, particularly when it comes to nuclear weapons. you can't get into this blustery, loose talk. you decrease some miscalculation. you have to message your threats involving nuclear weapons so carefully. what the trump white house and trump allies would say is that look, we have basically been too gentle with the north koreans for years. they're advancing towards this capability of being able to potentially strike us with nuclear tipped icbms. it's time to show to them that we mean business and we will attack them before they have the capability to attack us and the president is following through on a policy that he's made clear, which is that he's taken a hard line and that these tweets don't represent a change in u.s. policy. it's all rhetorical and that people are overreacting to the tweets. really, shep, a lot of people were quite unnerved and worried

and alarmed by those tweets. a lot of people that think that we're on the brink of war. i don't think we are at that point. but the president should be sensitive on how the tweets are read at home and abroad. >> shepard: and quickly, state department suspending all security aid to pakistan. a vital partner in security regarding terrorism. decaying relationship as it's being reported? >> shep, this has been kind of an unhappy marriage the u.s. has had with pakistan since september 11th and actually going back further. but for decades now, we've been trying to figure out this relationship where we kind of can't live with pakistan but can live without them. we want to have a relationship with pakistan, which has nuclear weapons, which can be an ally in fighting in afghanistan and elsewhere, but at the same time, there's a feeling that pakistan is constantly double dealing, even double crossing us, not

playing straight. sometimes more the problem than the solution. so do you try to draw them closer with more money, get them more on our side or do we put our foot down and say enough is enough at the risk of having them drift away, drift into the arms of china, getting closer to militant groups. it's been a balance for many years. donald trump is trying to push it in that other direction. it's a little gamble but we'll see whether it works. >> shepard: michael crowley from politco. thanks. >> thanks, shep. >> shepard: a reminder that every vote does count. the balance of power in one state legislature just came down to the luck of the draw. and a strategy session at the white house with the possible government shut down just weeks away. one of the big sticking points is immigration from protecting the dreamers to paying for a border wall. and two powerful republican lawmakers say it's time for the attorney general, jeff sessions, to go. it's news developing today and

we're live in d.c. coming up. i have type 2 diabetes. i'm trying to manage my a1c, then i learn type 2 diabetes puts me at greater risk for heart attack or stroke. can one medicine help treat both blood sugar and cardiovascular risk? i asked my doctor. she told me about non-insulin victoza®. victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease, victoza® is also approved to lower the risk

of major cv events such as heart attack, stroke, or death. while not for weight loss, victoza® may help you lose some weight. (announcer) victoza® is not for people with type 1 diabetes or diabetic ketoacidosis. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and get medical help right away if you get a lump or swelling in your neck or symptoms of a serious allergic reaction such as rash, swelling, difficulty breathing, or swallowing. serious side effects may happen, including pancreatitis. so stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. gallbladder problems have happened in some people. tell your doctor right away if you get symptoms. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. common side effects are nausea, diarrhea, vomiting, decreased appetite, indigestion, and constipation. side effects can lead to dehydration, which may cause kidney problems. change the course of your treatment. ask your doctor about victoza®.

if yor crohn's symptoms are holding you back, and your current treatment hasn't worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn's treatment isn't working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach.

>> shepard: officials in the state of virginia decided the winner of a house election but pulling names out of a bowl. that's because of an exact tie. the republican incumbent gets to keep the seat. his democratic opponent, shelly simons had a one vote victory before a recount. the balance of power in the house would have shifted to a 50/50 split and republicans would have lost the majority for 18 years. they keep it. more litigation? that's possible. president trump met today with some senate republicans and stared them in the face. another possible government shut down. that is unless lawmakers can figure out a plan to keep things running passed the 19th of this month. one big issue, democrats want to

protect the dreamer. immigrants whose parents brought them to the united states without document. republicans say there's no deal without money for the president's proposed border wall. mike emanuel is live on capitol hill. where is the bend here? >> shep, good afternoon. i'm told there's plenty of work ahead in order to get a budget agreement. mitch mcconnell spoke about where things stand a short time ago. >> all of those talks are going well. nobody wants to shut the government down on either side. and i'm optimistic that we'll get a resolution to many of those issues before january 19th. >> democrats are making their demands, feeling like they're negotiating from a position of strength. become votes will be needed to pass a budget agreement. >> they have divisions on the republican side between the defense hawks, the deficit hawks, the people that want a lot of money for texas and florida. so that gives the house

democrats leverage. we leverage because they need votes to pass anything. >> that's why schumer is talking about daca now, not waiting till march. there's another meeting going on with lawmakers talking about legislative priorities, shep. >> shepard: and now a key conservative leaders calling for the attorney general to get out. >> that's right. many were furious were the attorney general. mark meadows of north carolina, jim jordan of ohio who have written an op-ed in the washington examiner. they said bottom line, if sessions cannot address this issue immediately of leaks at the fbi, we have one final question needing an answer. when is it time for a new attorney general? sadly it seems the answer is now. there's no formal response from the department of justice so far. shep? >> shepard: mike emanuel on the hill. thank you. the attorney general obviously under fire from another fellow republican over recreational

marijuana. could a crackdown be on the way? that's next. that's more ways to discover new relatives. people who share your dna. and maybe a whole lot more. order your kit at ancestrydna.com almost $800 when we switched our auto and home insurance. with liberty, we could afford a real babysitter instead of your brother. >>hey. oh, that's my robe. >>is it? when you switch to liberty mutual, you could save $782 on auto and home insurance and still get great coverage for you and your family. call for a free quote today. you could save $782 when liberty stands with you. liberty mutual insurance. can make you feel like noyour day never started.st get going with carnation breakfast essentials® high protein drink. with 15 grams of protein to help you be your best.

try our high protein drink. and look for our coupon in sunday's paper.

>> shepard: u.s. attorney general jeff sessions is rolling back the policy that cleared the way for legal marijuana. back in 2013, the obama administration announced it would not get in the way of states that legalized pot. the president actually said during the campaign it was a state issue. the attorney general sessions says that guidance undermines the rule of law. eight states and the district of columbia have legalized pot for recreational use. garrett tenney is live. what do we know about what this means? >> the folks that i talked to in the marijuana industry say they're not surprised. this could be a symbolic gesture.

jeff sessions has been a long-time critic of legalized marijuana. he start add review of this policy as soon as he was confirmed. under current federal law, it's still a crime to produce, sell or use marijuana. but as you mentioned, under the obama administration, the just it's the department took a more hands off approach to the enforcements of those laws. allowed states that legalized to operate without the fear of prosecution. that will change going forward. the attorney general informed all u.s. attorneys it would no longer be the case. going forward "in deciding which marijuana activities to prosecute under these laws with the department's finite resources, prosecutors should follow the well-established principles." sessions is already receiving a lot of blow-back from this change from corey gardner from colorado who claimed sessions ensured him that marijuana enforcement would not be a top priority in the trump

administration. >> i will be putting a hold on every nomination from the department of justice until attorney general jeff sessions lives up to the commitment that he made up to me in my preconfirmation meeting with him. the conversation we had. that was specifically about this issue of states rights in colorado. >> one senior justice department official tells us that additional enforcement steps are also still under consideration. shep? >> shepard: top of the hour headlines moments away. stay with us. i couldn't sleep and get up in time. then i found aleve pm. aleve pm is the only one to combine a safe sleep aid plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am.

>> shepard: look at that. the snow on wall street has not slowed down stocks. they're set to close above the 25,000 mark for the first time ever. the dow is up 149 points. it's been up about 160, 170. the dow closed above 24,000 at the end of november. so presuming it ends above 25,000, which clearly it's going

to do, it will with the fastest the dow has ever jumped 1,000 points, ever. up more than 5,000 points this time last year. hopefully you are in on the ride. "your world" with neil cavuto starts now. >> shepard: all right. thank you, shepard. we're following a lot of records. falling from this fierce winter storm and also the corner of wall and broad as the dow crosses 25,000 for the first time. not boo about what is happening in stocks at that white house briefing. just as we warned you would be the case when i was on fox business network. that was your homework assignment. to see how many times it would come up and did not. welcome. i'm neil cavuto. deidra bolton on that big milestone. whether it was talked about or not. >> exactly. neil, huge day. we spoke earlier about this headline from twitter. bull beats wall. a