>> "happening now" starts right now. >> jon: and we start with "fire and fury". the book igniting controversy across our nation's capital. good friday morning tou, i'm jon scott. >> melissa: i'm melissa francis. we made it. we did it. >> jon: happy friday. >> melissa: the explosive white house tell-all book released four days early to short circuit legal threats from president trump. author michael wolff paints a picture of an administration in chaos rocked by distrust, back stabbing, widespread doubts. questions about trump's competency to serve. wolff says the president's effort to prevent the release is sparking more interest. >> not only is he helping me sell books but helping me prove the point of the book. this is extraordinary that a president of the united states would try to stop the publication of a book.

this doesn't happen -- has not happened from other presidents, would not even happen from a ceo of a mid-size company. >> jon: kevin corke is live at the white house. now that the book is on store shelves what's the white house saying about its claims and the guy who wrote it? >> i think you could say, jon, they're taking their cue from the boss. white house officials are pushing back forcefully against the book's content. the president has posted a couple of tweets about it this morning. the latest of which is an interesting one having to do with his former chief strategist steve bannon. he rolled out a new nickname. he is fond of doing that. the tweet if we have that one. he is calling him quote, sloppy steve. he says the mercer family dumped the leaker known as sloppy steve bannon. smart. the other tweet read this way. well, now that collusion with russia has proven to be a total hoax and the only collusion is

with hillary clinton and the phony new book and media are hitting out at every new front imaginable. they should try winning an election, sad. the book "fire and fury" inside the trump white house recounts numerous interviews, anecdotes and recollection from white house insiders. it pushed up its release date due to strong demand. the author insists despite white house denials he spoke with the president at length. >> i've spent about three hours with the president over the course of the campaign and in the white house. so my window into donald trump is pretty significant. but even more to the point, i spent this -- this was really sort of the point of the book, i spoke to people who spoke to the president on a daily sometimes minute by minute basis. so this book was really -- in a

sense there was one question on my mind when i began this book. what is it like to work with donald trump? >> white house officials meanwhile, well, they say the author never -- not even once -- interviewed the president about that book. >> we said they spoke once by the phone for a few minutes but it wasn't about the book. they had a very short conversation. he never interviewed the president about the book. he repeatedly begged to speak with the president and was denied access. and he makes it sound like he was sitting outside the oval office every day, which is just not the case. >> he has recordings and notes from all his experiences here at the white house and lend credibility to what's in the book. the white house for its part continues to insist it is full of lies and misrepresentations. back to you. >> jon: more about that in our media panel just ahead. kevin corke at the white house. thank you.

>> melissa: in just a few hours president trump will leave the white house for a weekend retreat at camp david and huddle with top congressional republicans as well as senior white house officials mapping out their strategy to defend their congressional majority upcoming elections. kevin mccarthy admits it will be a big challenge. >> we've had five special elections in the house this last year. republicans won all five of those. we know what history says. in the off year election of a first new presidency the party in power that has won the white house usually loses on average 25 seats in the house. and 24 is our majority. we have to go out, sell what we've been doing. >> melissa: joining me now is the chief editor for dow jones news wire. i have a theory. it is not a coincidence they are going off to camp david to talk about what will happen in 2015. michael wolff is a hired gun.

in the years i've known him and watched his work, you never know who sent him out to do his work. this is about getting rid of bannon, distancing the republicans and maybe even president trump from that far right group, whether it's breitbart and not having another alabama disaster. what do you think about that theory? >> leaving aside conspiracy theories i think that the impact has been largely on steve bannon. you've seen an erosion of his support both financially and i think in the public eye. >> >> melissa: link that to 2018. that's what this is about. does it help, if you push bannon away and try to disempower him doing the things like he did in alabama and low and behold you have republicans going to camp david to talk about how are we going to defend ourselves in 2018, does that make sense? >> i think the strategy that they have to pursue in the republican camp both in the house and the senate where they have an even slimmer majority because of alabama is to be

both offense and defense at the same time. they have to go after democratic seats. there are 10 of them in the senate for example that were in states won by trump and they've got to try to maintain and defend places like arizona and utah where retiring gop senators are at risk. they have a double game to play. and taking some pieces off of the chess board may actually help them in that. >> melissa: if you had to order out what is to be done. daca, border wall, making sure the government is funded, infrastructure. all the i shall -- issues that are out there. what should they attack first to set them up for being in power, trying to continue to hold on in 2018? >> they have the big legislative win at the end of last year with tax reform. they'll play that out. it will be harder for them to get big legislative wins in time for the mid-term election. the things that they have to focus on is the daca program. making a permanent fix because

the president has cut off that system that allows people who were here since childhood to remain here and have the ability to legally work here. most republicans are okay with putting that back into a legal framework through congress. and many of them are concerned if they don't get that done it could be a problem for the mid-term for them. >> melissa: they want to attach the border wall. we're hearing democrats are pushing back hard on that. when you look at the amount of money whether it's $18 billion or the many different estimates that we've heard along the way. do they get democrats on board with that in exchange for something on daca? >> that's a big challenge, right? the president wants that border wall. wants to fulfill that promise. and democrats are willing to work with the republicans on immigration, on making daca permanent. >> melissa: but not the wall. >> they are willing to do something that goes towards more border security. but senate minority leader chuck schumer has made it clear no wall.

>> melissa: although the semantics of what is a wall, what is border security. it is all at this point, you know, out there up for grabs. in terms of funding the government, that's one of the very big challenges coming up right away. it is a ridiculous deadline. it is a fake thing. they are running out of our money to spend on their programs. does it give everyone leverage? >> it gives the democrats a little leverage pushing on daca and going on board with the funding program. the problem for republicans are in charge. they run the house, senate and white house. if they can't maintain government funding and they can't get that through and they are perceived as the reason why a government shutdown happens it won't look good. >> melissa: thank you so much. happy friday. jon. >> jon: across the east coast people are digging out after

the bomb cyclone. they aren't out of the woods yet. snow still falling in parts of the northeast. meanwhile arctic air is making its way across the eastern third of the country. want to show you some drone video from hillsdale, new jersey, this is the aftermath of what we saw yesterday. parts of massachusetts seeing up to 19 inches of snow. we'll have a report from one of the hardest-hit areas coming up. >> melissa: wall street rally continues with the dow marking another major milestone yesterday. look at it there. now the new jobs report is out for december. the story, those numbers are telling is next. plus the mainstream media is in a frenzy over the new tell-all book on the trump white house. is that coming instead of other major headlines? the media panel weighs in next. >> this is a guy who made up a

lot of stories to try to sell books and i think more and more people are starting to see that his facts just simply don't add up.

>> melissa: the economy enters the new year on a strong note. the new jobs report from the labor department showing 148,000 jobs were added to the workforce in december. the number falling short of the 190,000 jobs experts expected. it's a modest game but underscores the economy's continued health. the unemployment rate remains steady at 4.1% for a third straight month. that's the lowest unemployment rate since the year 2000. >> actually what i say is where

do i send the box of chocolates? >> you think he is helping you sell books? >> absolutely. and not only is he helping me sell books, but he is helping me prove the point of the book. >> jon: that's michael wolff, controversial author of "fire and fury" appearing on the "today" show this morning to defend his new book on president trump's first year in the white house. that book has the mainstream media buzzing as some networks devoted long segments to excerpts from it. highlighting criticism of trump family members as delivered by former white house chief strategist steve bannon. meanwhile the plight of the people in iran is generally getting less attention from those same media outlets as deadly protests against the iranian government enter a ninth day. let's bring in the media panel today.

thanks for being here and happy new year. i want to start with a graphic that shows what we're talking about. if you add up the coverage on abc, cbc, nbc you get 13 minutes 40 seconds of iran coverage and 16 minutes 9 seconds of michael wolff's book. but even those numbers are deceptive. in eight days versus eight days of coverage of what's going on in iran. kelly, can you justify that? >> i certainly cannot, jon. i don't think the media can, either. now, of course when the president of the united states doesn't want you to read something it is news. i'm not questioning that. but just what kind of news is it and how important is it and why should we be spending that much time focusing on it? here you have the citizens of

one of the most repressive and murderous regimes on the planet who are risking their lives in great numbers, 45 confirmed dead already, and these are people directly killed by the security forces of iran. they are protesting and trying to free themselves of a theocracy that they've been under for decades now. this is huge. when you have people who are willing to die for their freedom, i can't think of a bigger news story. of course americans are most interested in what happens in america and that involves america and this is another country but this is the only country in the world whose leaders regularly chant death to america. and right now you have the people, the citizens of this country on their streets chanting death to the dictator. death to khomeini and rouhani. >> i think a lot of what is

happening, the networks understand their audience and the intrigue, the palace intrigue that the american public are so interested in. this is a huge story in iran, no question about it. we all know the public's appetite for foreign coverage has been dropping. it has been dropping for years. we see that with the closing of foreign bureaus from our news organization. it is sad in my opinion. especially these allegations. this book itself is so explosive. the attacks on the family. the warfare, the back stabbing inside the white house, the claims of treason. of unpatriotic. this is really amazing. the storm troopers are attacking the castle. it is hard not to turn away from that kind of coverage here. >> jon: sarah sanders said it should be a novel. a lot of this stuff is made up, kelly. >> frank has some good points

and some i agree with but some that i don't. the idea that we don't know how much the public wants of this story. i think part of it, this is partly a story about the media themselves. and one reason they are so fascinated by it, right? the media, are the people who cover the president. they're fascinated by the story of another guy covering the president and saying stuff about the palace intrigue. some is important and speaks to the judgment of the president but some of it is just gossip. i think the media is more interested in it perhaps than the american public because it is a story about themselves. they're the ones who cover the president and they are very concerned with coverage of the president and what goes on behind the scenes. i'm not sure how much -- we don't know exactly how much the american people want to hear about this coverage as opposed to coverage of an uprising of a country against a leaders who are huge, huge enemies -- the leaders of the iran are enemies of america and the people aren't.

that's what we're seeing on the streets. >> jon: the editors of those new casts have to decide do they give the people what they want to see or try to educate them about what is going on in the rest of the world. >> we'll see with the sales of this book, the demand and interest has been high. they moved the sale of the book back a few days. i think the interest in this is very high. also look, donald trump and the president and the white house have contributed to that interest. threatening -- trying to block the sale of the book? you played the clips of wolff saying he will send him a box of chocolates. of course that will help interest. trump is a person who does not back down to a fight. no matter how small. he is going to fight back. every time he fights back, it grabs attention. when he starts calling steve bannon sloppy steve on twitter, it gets retweeted thousands of times. it is a story that people want to hear about. >> they'll sell a lot of books thanks to the white house

intervention. franco and kelly, thank you both. >> melissa: could the mystery behind d.b. cooper be solved? one group of private investigators say they cracked the case. why the f.b.i. still isn't making any arrests. and republican leaders taking on immigration but will they be able to make a deal with the democrats in 2018? >> the immigration issues are very hard and very emotional. there has been no deadline. you gave us a deadline. setting it for march 1 and a tremendous gift to be able to get that done. it's resourceful.

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>> jon: a san diego veteran denies that he is the infamous d.b. cooper. the mystery dates back to 1971

when a man hijacked a plane getting $200,000. he got it and parachuted out of the plane in a suit. a team of private investigators led by a television producer say they decrypted a cold from one of his old letters and traced it back to a man named robert rackstra. he was dropped as a suspect in the 70s. he denies that he is d.b. cooper. >> melissa: top gop leaders at camp david today and tomorrow talking about their 2018 agenda. one of the topics is the dreamers. the president speaking with senate republicans about it yesterday. authors of the succeed act saying republicans are on the same page when it comes to border security and giving a pass to citizenship for immigrants brought here illegally when they were kids but more work needs to be done in order to get bipartisan support for the wall.

>> our current immigration system fails americans, chain migration is a total disaster which threatens our security and our economy and provides a gateway for terrorism. it's why our position has been clear and very clear from the beginning. any legislation on daca must secure the border with a wall and crucially the legislation must end chain migration. it must end the visa lottery. >> melissa: joining me is james langford, also a co-author of the succeed act. thank you for joining us. i read one article where they called your statement unusually downcast and the part of it was when you said unfortunately our discussion on border enforcement and security with democrats are farther apart. why can't you get together with the democrats? >> they want to talk about daca. the dream act that hasn't

worked and tried over 15 years when democrats had the house, senate and white house they couldn't pass the dream act. that's not going to be the bill. but what they haven't been willing to do is deal with the security measures. this used to not be a partisan issue dealing with national security. president obama when he was senator obama voted for a wall on the southern border in 2006. chuck schumer voted for a wall in 2006 on the southern border. 650 miles of that wall up right now that president obama and chuck schumer voted for. for some reason it has become a partisan issue now. >> melissa: is there some ground on daca, what is something that everyone would agree to? >> on daca the big issue has been not only dealing with daca but what happens to their parents, how do we prevent another daca vote 10 years if now and deal with national security and border security in specific. it means you have sections of wall, reform of some of the processes about how people come across and chain migration.

>> melissa: what about the parents? >> i'm one of the individuals who say those individuals that came in as children by no fault of their own, their parents brought them, those individuals should have the opportunity to be able to get in line and be able to get naturalization at some point. for the parents i don't believe they should. they intentionally violated the law. there may be a way to do work permits for them but not citizenship. they're the ones that intentionally violated the law as an adult. >> melissa: in terms of the border wall itself, what do you envision as something that democrats would accept? >> there has been some bipartisan agreement on things like increasing border patrol agents, technology, greater access, scanning devices at all of our ports, the division has really been about sections of wall itself. there is not a 2000 mile wall that is being discussed. it is in populated areas where we need to have a physical barrier but in many air yaes of the desert you need good technology. we have agreement on technology.

just on the wall. >> melissa: do you have to agree on what it will look like along the way or allocating money? >> the one thing that americans need to know in the wall when the president gets the approval we'll get it done. it won't get done in a year or two. it will take years and years and years of construction talking about multiple hundreds of miles or walls, fences or barriers. it will take a while to get done. each year there will be appropriations for this. but it is setting the process in place so it can roll out and happen. >> melissa: senator langford, thank you for your time. >> you bet. glad to help. >> jon: the justice department and f.b.i. taking a new look at the clinton foundation and allegations of pay to play politics. will investigators uncover any wrongdoing or are critics correct in saying this is a political distraction? plus out with the snow and in with the frigid arctic air. more on the second half of a one-two punch from mother nature.

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>> melissa: the blizzard is pretty much out of here. now we have to deal with all of that snow and ice that the

storm dumped on all of us. lots of states on the east coast were hit hard. laura engel is on long island. how is it looking over there? >> hi there, melissa, looking like this. everywhere you look huge mountains of snow can be spotted all over long island after yesterday's storm dumped up to 15 inches in some areas. we're seeing this everywhere. the problem now is the deep freeze. it is one thing to remove this stuff when you can shovel, plow and sweep. quite another when it turns into a big block of ice and freezes in place. these will look like icebergs tomorrow. we also want you the take a look at what the pavement looked like this morning before day break. we shot this. huge sheets of ice to try and walk on and drive over, super, super dangerous stuff in parking lots and on roads making for treacherous conditions for sure not to only navigate but stand on while

digging out. a few people say it's bitter cold but it was time to get out and get supplies. >> the roads are pretty clear. they plowed. i worked so hard on the driveway last night but i won't let it go to waste. my daughter has to go to work. so i went out. >> feel like the snowstorm was pretty bad especially with the cold below the freezing temperatures didn't help. particularly we have a warm home and it just wasn't warm this time. it really got cold throughout the whole night. we had to layer up. >> also check out the scene shot by our fox news drone over hillsdale, new jersey today where the snow gave enough work for snow blowers and sanitation workers to keep busy for the day. the feel-good story, pediatric patients were a snow day when st. mary's healthcare system for children brought in snow so the kids could make snow angels and build snowmen safely inside.

everybody had a good time. we love to share that story. it is all about the deep freeze this weekend. temperatures expected to plummet. right now we have a feels-like of minus 9 where we are. that's pretty consistent for what we're seeing across long island. >> melissa: thank you. looks freezing. >> jon: the clinton foundation is back in the spotlight. the justice department launching a new investigation into the foundation over allegations of pay-to-play politics when hillary clinton was serving as secretary of state. welcome news according to white house press secretary sarah sanders. >> it's good news. certainly i think there have been a lot of things that give us cause for concern. i think it's a great thing that it is being looked at. we'll have to wait and see what happens. there has certainly been a lot of information out there that i think gives all of us cause for concern and i think it is important that they are finally taking a look at it. >> jon: alex is a former

communications direct or for senator marco rubio and we have a founder of blueprint strategy llc. thank you for being here. you don't think much of the reopening of this investigation into the clinton foundation. is that fair? >> i think it's fair to say we all have to be careful about trying to pump up the noise and turning down the volume of reality. this is purely another distraction in tactic by this administration apparently doj is now folding like a cheap tent because the white house and others are leaning on them heavily to look into the clinton foundation. that horse has left the barn on many occasions. the only thing we need to talk about is the collusion between the trump campaign and russia and the fact that we are not there. the fact that the special prosecutor, the temperature is being turned up and the water is getting hotter. that's what doj's focus should be, not folding to the pressure

of this administration for talking points purposes. >> jon: alex, so far there has been no real evidence brought forward of collusion. some indictments on business issues and so forth for paul manafort and his aide. collusion has been absent largely thus far in the mueller investigation. >> that's absolutely right. we're still in the early stages, relatively early stages of the mueller investigation and still have a long way to go on that. it doesn't mean the justice department is incapable of investigating other things. there are hundreds and thousands of f.b.i. agents all over the country. they aren't all working for mueller right now and not all investigating trump. >> i never said they were. >> i have no problem with some f.b.i. agents in little rock arkansas looking into the clinton foundation. there is nothing wrong with them doing that. to the contrary, if the clinton foundation was doing improper things, if there was pay-to-play happening there, it

should absolutely be investigated and prosecuted. i don't know why anyone would have issue with that. it is completely independent from mueller's investigation. >> i'm not saying that there shouldn't be an issue. we've been down this road more than one time before. the truth of the matter is the timing is very ironic that this alleged investigation is being launched now considering the information that surfaced over the past 24 hours with the trump campaign and things that went on. it's very ironic the timing of this thing. these allegations came before during the course of the campaign. there was nothing there. it will be a nothing burger. a distraction tactic from the donald trump playbook. >> it depends on whether you are a fan of the clintons or not because we do know that hillary clinton's aide huma abiden was sending passwords, classified passwords to her blackberry and to her home

computer through unsecured networks. that's all new information that just relatively recently came out. so saying that it's all been looked at before is not entirely true. >> it surfaced to the public. it is not necessarily new information. >> hillary clinton is not president of the united states in part because of how she handled her responsibilities as secretary of state. the clinton foundation was a big part of that. they should never have -- i can say that. the fact she kept emails -- >> she is not president because russia collided in our election. >> there is no evidence. >> are you kidding? >> the emails are a huge issue. the fact of the matter is the emails and the way she conducted herself as secretary of state is part of why she is not president of the united states right now and i have no problem with the f.b.i. looking into potential wrongdoing at

the clinton foundation. they can do both. >> jon: two different views of the same issue. thank you both. >> melissa: two republican lawmakers say it's time for attorney general jeff sessions to go. jim jordan is calling for sessions' resignation. he joins us next to explain why. he thinks it smells fine, but his mom smells this... luckily there's febreze fabric refresher for all the things you can't wash. it finds odors trapped in fabrics and washes them away as it dries. and try pluggable febreze to continuously eliminate odors for up to 45 days of freshness. pluggable febreze and fabric refresher. two more ways to breathe happy.

>> jon: two republicans are saying jeff sessions has lost control of the f.b.i. and might have to step down. representatives mark meadows and jim jordan making those claims in an op-ed for "the washington examiner". the congressman writing attorney general jeff sessions has recused himself from the russia investigation but would appear he has no control at all of the premier law enforcement agency in the world. it is time for sessions to start managing in a spirit of transparency to bring all of

this improper behavior to light and stop further violations. one of the authors joins me now. ohio congressman jim jordan. thank you for being here. pretty unusual. he was a republican senator, he is serving a republican president. you are a republican and you want him to go. >> we want him to do his job. stop the leaks, answer our questions, give us the documents and appoint a second special counsel to look at the top people at the f.b.i. that's what we've been asking for. it is interesting this week this' nounsed they will investigation the clinton foundation and looking into the uranium one issue. i would argue that's happening because we have been on him and chairman nunes has been on them to do their job. that's what we want to have happen. if you want deal with those things maybe it is time to step down. that's what we point out in yesterday's op-ed. >> jon: the f.b.i. is providing the unredacted documents that chairman nunes has been looking for. >> i think that's because six months ago we called for a second special counsel, six

weeks ago we wrote a piece for -- a column where we said if you won't appoint the second special counsel, mr. sessions you should step down. i think it's because of all the pressure. i remember when i was a kid sometimes my dad and i would have these come to jesus moments where he would straighten me out. i think that's what's happening with the justice department. it's a come to jesus moment where we realize we better do what they're asking. if we don't there is no difference until this week i had seen no difference in complying with congress request to documents, with this administration's justice department that we saw withholder and lynch. we're seeing those signs of change this speaker to give us the information the american people need. >> jon: if the attorney general were to lean on the head of the f.b.i. chris wray you think that would have the effect you are looking for? >> we're just looking to get answers to the questions. when jeff sessions was on the

witness stand i asked him six weeks ago did the f.b.i. pay christopher steele? that's an important question. were they reimbursing christopher steele at the same time the democratic campaign were paying him to write the dossier. if it happened that's a big problem. they won't answer the question. chairman nunes has been after documents for six months. this week they agreed to give him the documents. we're trying to get answers to these critical questions, was the dossier the central piece they took to the fisa court to get warrants to spy on people associated with the trump campaign. if that was the case it's a problem. we need answers to those questions. >> jon: why do you think they aren't answering that question? >> i don't know. there are a host of other questions. why did they release the text messages in the first place between peter strzok and lisa page? why did they only release 375? when do we get to see the rest of that 10,000 text messages? when did they know bruce ohr's

wife was working for fusion helping to put the dossier together? these are important questions. why did jim baker the general counsel at the f.b.i., why was he reassigned two weeks ago? important questions we need answers to so this is why we need the documents and step up and why there is a growing chorus of members saying it's time for a second special counsel. >> jon: mueller released strzok from his team after the revelation they existed well before he pointed them out or before congress became aware of them. why do you think he did that? why do you think mueller did that? >> they were so bad. you talk about an insurance policy and i'm afraid we can't take the risk the american people will vote and make donald trump president. that's the nature of the text messages. why did lisa page leave the mueller team two weeks before strzok? two weeks before the f.b.i. before mueller was notified about these text messages with the insurance policy language

and everything else in them? why did she leave two weeks after that? i would like to know why she left two weeks before peter strzok did. she was also part of the mueller special counsel team. again, lots of questions i think we need answers to. what we want is stop the leaks, give us the answers, appoint the second special counsel and make sure those documents that chairman nunes has been requesting, make sure we get those. >> jon: when you get the answers come back and share them with us. >> we will. >> jon: appreciate it, thank you. >> melissa: we're awaiting a sentencing hearing for the undocumented immigrant acquitted in the killing of kate steinle, whether he could end up in prison, deported or facing a whole new trial plus marking two decades since we lost a beloved entertaining who had a second act as a successful politician. ♪ i got you, babe ♪ i got you, babe ♪ they say our love won't pay

the rent and at times our money has all been spent ♪ ♪ i guess that's so we don't have a fight... ♪

>> jon: hard to believe. today marks 20 years since the tragic death of sonny bono. he was reported missing during a lake tahoe ski trip with his family. authorities later discovered he had had a fatal collision with a free. bono started out as a songwriter rising to fame as half of sonny and cher. >> melissa: new information on the undocumented person acquitted in the kate steinle matter. a judge will be handing down a

sentence for having a firearm: isn't the defense asking for a new trial on that charge? >> the defense is asking for a new trial and it is a complete waste of time and taxpayer money. for this reason. it's a horrible reason. this defendant walks today even if he gets the maximum sentence, melissa. the maximum sentence for the crime for which he was convicted is only three years. this despite the fact that he has here illegally, he was out on release for another crime for a hot minute before he stole a gun from a federal officer and caused it to discharge killing an innocent person and all he can get is three years. he walks no matter what today. a new trial is a waste. >> melissa: brian, if he walks today, what outrage does that cause? in san francisco they become a sanctuary city and sanctuary state. elsewhere it will cause a lot

of outrage. >> i agree with you. my personal opinion i think he should have been convicted of murder in this case. the country is already outraged by virtue of the lack of a murder conviction let alone if he gets a new trial and he is now released. so i think it's imperative that at least he not be immediately released. people are already upset about this nationwide, this idea of these sanctuary cities. >> melissa: let me ask you about the logistics. there is a federal warrant that's out for him and san francisco sheriff said she will honor it and will notify u.s. marshals when he is eligible for release. what do you think happens with that? >> first it's about time that the sheriff is going to comply with a federal warrant or federal detainer both of which are on this defendant. i think the feds, to make sure

that they honor their word, should be sitting outside that jail house when he is supposed to be released because the next move is they'll prosecute him for two other federal crimes, minimum and then they should deport him. deport him in a way so that he cannot come back for a sixth time. >> melissa: how do you do that? brian, how do you do that? he has come back five different times. >> build a wall. >> melissa: if they grab him up and deport him, it seems like he would be crazy to come back given all the attention and everything that has happened but he has done it five other times. >> that's a great question, how do you practically enforce having this guy enter the country again? i think the good news in this case is his face has been spattered across the media throughout the country for the last year and i think a lot of people in this country want to have the right outcome in a criminal case like this. a lot of people hold the same belief i do. he should have already been

convicted of murder. he hasn't been. it is almost like one of those in california we call them amber alerts. a child has been taken and they pop it everywhere. i think everybody in the country is on amber alert to make sure if he comes back, he is reported and deported again. >> melissa: i bet we see his face again after that, just a hunch. thanks to both of you. happy friday, at least. >> happy new year. >> jon: hillary clinton is back in the headlines as two new investigations by the justice department focus on the former presidential candidate. more on the department's dual investigations and why her former campaign spokesman is crying foul. use dulcolax tablets for gentle dependable relief. suppositories for relief in minutes. and dulcoease for comfortable relief of hard stools. dulcolax. designed for dependable relief.

>> we don't normally like to end our programs on a sad note but this is important. highlands ranch colorado, they have i 25 blocked off. this is a motorcade for slain officer zachary parrish. douglas county sheriff's office are murdered in the line of duty

new year's eve when he responded to a report of a disturbance at an apartment complex. shot and killed that night. our hats off to you, sir. thank you for joining us. >> thoughts and prayers with that family. "outnumbered" starts right now. >> harris: fox news alert, the publisher of a tell-all book about the trump white house has moved up the release date for michael wolfe's book. it is now on shelves and has been for a couple of hours since the day after president trump's attorney tried to block the publication getting out. and as we get a new the author in the white house, we will start out numbered. i'm harris faulkner. here today, sandra smith. host of candy on fox business, can be herself. former deputy spokesperson for the state department, marie harf. in joining us today on the couch, editor in chief of "the daily caller" news foundation chris bedford. he is "outnumbered" and he is engaged. happy new year. this is