tonight. i'm jesse watters and for laura ingraham, who is going to be back here tomorrow. in the meantime, shannon bream and the "fox news at night" team are set to take things from here. shannon? take it away. >> shannon: we have our own llama on the show, as well. jesse, thank you very much. here's what we have coming up tonight. president trump in the heartland touting an economic boom. speak of the american dream is roaring back to life. >> shannon: while looking to put robert mueller's russia. behind him. >> let's get open and get it over with. >> shannon: new fights and emigration in talks between north and south korea, to the presidents push for american farmers, we have the very latest news. plus republicans raising money at a record-breaking pace. but far left owners are promising to build a dnc coffers ahead of the 2018 midterms. >> my fight is in removing donald trump from office and that starts with taking the house back. >> shannon: what does it all mean heading into the critical fall elections?

we'll talk to rnc chair ronna mcdaniel. and former milwaukee sheriff david clarke facing legal trouble over taunting a man he called a snowflake. we'll handle it in "night court." ♪ hello and welcome to "fox news @ night." i'm shannon bream in washington. new tonight, flash points arriving on emigration, a potential government shutdown again, as well as russia and north korea. we'll get you the latest one by one right here right now. we have got fox team coverage tonight. peter doocy covering the latest on more than 200,000 salvadoran immigrants who must begin planning to leave the u.s. amid reports of the recent influx of salvadoran gang members are fueling terror in neighborhoods just miles away from the white house. plus standing by live on the unification bridge, also known as the bridge of no return, where the south korean officials have crossed over for talks with the north, a short time ago.

but we begin with the chief national correspondent ed henry following some late breaking developments on the fbi texting controversy and leaks to the media. good evening. >> shannon: good to see you, shannon. more trouble for the fbi on the question of anti-trump and pro clinton text messages that were flying around in the days leading up to the 2016 election. breaking tonight, "the hill" reporting on new text messages we had not seen, which again involve fbi officials peter strzok and lisa page. this time conversing on the eve of the election about a "wall street journal" story, apparently focused on the clinton foundation, which of course is now the focus of a renewed fbi probe into whether the original fbi investigation was too soft. these texts show the duo suggesting they knew in advance about the journal's story and were then going to share it with fbi colleagues pretending they knew nothing about the story. raising questions about whether they leaked sensitive information to shape the narrative or whether they and

other fbi officials leaked classified information, a bigger question, that house intelligence chairman devin nunes will get a chance to ask strzok and page, since we have also learned that the two fbi officials will be part of eight witnesses now being brought before the house intel panel in the next few weeks to get answers about fusion gps and alleged wrongdoing among fbi and justice department officials. another key witness is going to be obama justice department holdover bruce ohr, who we are also learning was just stripped of another title. now he is no longer had of the organized crime drug enforcement task force. ohr will testify before the house intel panel on january 17th about big issues such as the fact that his wife worked for fusion gps. yesterday, white house senior advisor stephen miller grew agitated as he was pressed by cnn's jake tapper about special counsel robert mueller's russia investigation as well as the new michael wolff book that has cost so much consternation of

the white house. tapper eventually cut miller off at my fight continued off-camera. cnn claiming miller was escorted out by security, something he denies, while someone apparently taped the off-camera spat and released a transcript, which miller teed off on with her own tucker carlson. >> just another example of cnn's very own journalistic standards. i was glad to have people hear what i said off-camera and on camera, which cnn has been extraordinarily biased, extraordinarily unfair to the president, and is not giving their viewers honest information. information. >> miller says his focus is on getting a daca deal that is fair to americans who follow the law commencing the presidents bottle wow bottom line, he wants not just the wall, but also reforms of chain migration and the visa lottery. shannon. >> shannon: we shall see if they can get a deal done with those parameters. ed henry, live for a snack, thank you. the trump administration's ending protections for

salvadorans, that will require more than 200,000 of them to leave the u.s. voluntarily or phrase deportation. protesters took to the streets in front of the white house today, but in communities not far from the presidents residence, there are reports from increased gang activity from ms-13 which counts many of their members from that very region. peter doocy has been following the story. >> the feds are giving 200,000 salvadorans two choices. they are saying the people who have been granted temporary protected status to stay in the states while el salvador recovered from catastrophic earthquake that happened in 2001, that they either need to apply for permanent citizenship here or move back to central america, and this decision did not come out of left field. the state department has been hinting they believe el salvador has been rebuilt enough and is ready for their return. the state department has been saying that since november. >> the name itself explains a

lot of it. temporary protected status. i believe the government look at the situation on the ground and assessed that it is no longer unsafe in that way. >> nobody is getting deported today or tomorrow, in fact, homeland security department is actually waiting to terminate the temporary protected status for 18 months because dhs officials think that's enough time for el salvador to get ready for tens of thousands of their own citizens to come home and i think that's enough time for others who have been benefiting from the temporary status to either arrange for their flight home or apply for citizenship here if they are eligible. but democrats are zeroing in on today's announcement and accusing the trump administration of shipping salvadorans back to a society that just is not safe. democratic congressman from florida said today, "these innocent people fled their home country after a disastrous earthquake hand while living conditions may have slightly

improved, el salvador now faces a significant problem with drug trafficking, gangs, and crime." ultimately, democratic lawmakers can't block this move. it is part of the trump administration's plan to transform the immigration system and it is something they can do without congress. shannon. >> shannon: peter doocy live tonight in washington. thank you. in a village along the border of north and south korea, talks or are on the way. the first high-level meeting between the countries in roughly two years. the focus, next month's winter olympics. but there's a whole bunch more at stake with south korea saying there is no limit to what can be discussed. cia director mike pompeo was telling chris wallace yesterday that the u.s. will be watching very carefully. >> we'll see how the talks go on tuesday of this week. what they are able to resolve with respect to the olympics, but the american position is unchanged. >> shannon: pompeo also said that he does not think the talks will lead to any true change.

sr. foreign affairs correspondent joins us from the unification bridge between north and south korea. greg? >> hi, shannon. this is about as far as much of the media is getting, as close to it, just behind me about 5 miles is the dmz, where the talks are going on. beyond that, through the haze, north korea, what it's all about. the initial reports we are getting from the talks right now, shannon, they've been going on for about three hours, is positive. we've heard from the top north korean official, he said this will go well. he talked about unfreezing relations, frozen between north and south. both sides are talking about a new year's gift for the koreans. they main topic, as you've noted, shannon, north korean participation in the olympics held here in south korea next month. we understand that part of the ten person delegation has broken off to look at that. other officials we are told are huddling specifically on inter-korean issues, programs

perhaps to be revived, maybe even looking at military matters. now the elephant not in the room, well, that's president trump. the united states. on the surface, at least, washington has given its blessing to the talks, even agreeing to hold back for example u.s. and south korean joint military operations until after the olympics are over. but the theaters remained at that these talks could launch broader efforts to curtail the nuclear missile programs of north korea, they even drive a wedge between the united states and ally south korea. south korea says, no, it will not go off the reservation in these talks, and denuclearization will be coming first. but after a year of high tensions, we have been speaking to koreans on the street and they are very happy that at least there is talk happening here, especially amid new talk about possible military options back in washington.

back to you, shannon. >> shannon: live in korea, thank you so much. when then candidate trump the campaign trail in 2015, it was the official start to his career in politics. plenty of controversy, as he explained his dance and immigration. watch this. >> they are bringing drugs, they are bringing crime, they are rapists and some i assume are good people. >> shannon: how president trump is getting back up from republicans in the senate floor following a meeting at camp david over the weekend. >> my colleagues in a democratic leadership refused to even consider measures that would be for border security, and interior enforcement, do they want sex offenders and human traffickers to continue to manipulate our poorest border and enter our country unchecked? >> we have an immigration system that favors the ties of blood, the ties of kinship, the ties of

clan, the ties of tribe. what could be less american than that? >> shannon: let's bring in charles hurt, opinion editor for "the washington times" in a fox news contributor. i want to play the president speaking in nashville and he had something to say that sounded very familiar. here's what he said. >> we are going to end chain migration. we are going to end the lottery system, and we are going to build the wall. >> shannon: he got a lot of applause there between you look at recent polling from quinnipiac university when they were asked, do you support or oppose building a wall at the border of mexico, 36 as they support, 62%, charlie, said they oppose it. it works well for the president with his base and in his speeches but the polling of it really doesn't look too good. >> i think that one of the dash

the whole argument about the ball is that it's a very, very smart visual by the president and that president is very good and speaking in vegetables. that is what you see a lot of them will congress coming around, they know the same poll numbers. i do think that the poll is off because i think a lot of people -- nobody wants to be viewed as anti-immigrant, which is an important part of being american. but the point is what he is talking about israel border security. border security is a politicians term. building a wall, that is a term that people can understand, and that is what people want to. want the border -- to go back to the political term -- they want a burger to be secure, they want the problem up to be fixed. politicians love to do the easy part but they hesitate to do the hard parts, and that is what gave a huge opening for donald trump to not only win the general election, but smear 16 republicans running for the

primary. >> shannon: referred for many democrats during the lead up to the first clip we had on government funding in december, they wanted the deal done on dan they weren't going to do this. now a couple weeks from another potential cliff of funding and we are hearing again, yikes, they may not get a deal done. it goes back and forth, they have these meetings of the white house and you think something will get done but it's not tonight, senator cornyn says we will do another short funding. >> people are forgetting that this is not immigration legislation that's being considered, this is the budget. this is to keep the government going, which charlie can batch from our joint time on "the hill," it's hard enough to begin with, let alone when you start throwing in something that is incendiary is immigration. i completely agree, the president's use in the campaign of the wall as a visualization was very important. it is but distinguished it. i think that has become an albatross in the sense that this isn't like repealing obamacare,

where you have republicans wanting to get rid of it and democrats wanting to protect it. you have the president who is saying, "i want my wall" on the wall costs $18 billion. you have a question of leadership, particularly in the form of john cornyn, john thune, who are not gung ho about a wall, even less than $18 billion. i think if you look at the successes and failures the president has had to date, it is when there has been that schism with senate leadership of his own party that's been a problem. >> shannon: it's interesting, you heard a little bit from senator tom cotton, republican in the intro there. here's what he said yesterday about the potential of getting to the funding government shutdown conversation with daca in the mix. >> if the democrats want to shut down the government because they can't get amnesty for illegal immigrants, then they are going to have to defend those actions to the american people. >> shannon: charlie, will they be able to put it that way? it seems like when the government gets shuts down, their republicans get blamed.

>> they get blamed for it here in washington but if you look back at the record, of where they government shutdowns and republicans have been thoroughly slimed with it, for it, by democrats, it hasn't hurt them in the following elections. i don't know -- again, you can show me 1,000 polls that show americans don't want the government to shut down, and i trust that they don't, but there is no -- it's not like they get punished. but i do think what carries over are some of these issues. when you look at the situation with the salvadorans, it's a perfect example of what frustrates so many voters and this is true among democratic voters, as well, about our immigration system. the salvadoran temporary immigrants that were brought here, that was solving somebody else's problem. that wasn't solving a problem that we had. our immigration system is set up to solve other countries problems. i think that what people in both parties would like to see is our immigration system change so it fixes our problems, not other people's problems.

>> shannon: really quickly, there is an attack from the far left, as well, on democrats, saying they are not doing enough on daca and immigration, so you are getting it from both sides. >> that is what i'm saying. on this issue, you've really got people, it's not one-on-one. you have people intraparty and you have particularly republicans, but i think democrats, what you just said, the democrats are making the point that this is about kids. daca is an acronym but it's about hundreds of thousands of kids. >> shannon: kids when they were brought here. these are grown adults now. >> saw him. still, they are here, they are probably the most about it of all people here, not exactly what people would describe as people who just came across. but we are here, and this is mixed up in the budget because the president has refused to deal with this and fix this first, which you tried. >> shannon: he gave congress six month to get it done. march is coming and they haven't. we'll see, we are the funding cliff, a few weeks away, we'll see what happens.

all right, come back. thank you both. stirring up the crowd, president trump taking to the field before the ncaa college football national championship in atlanta tonight. the president standing with his hand over his heart, at one point to singing along with the national anthem. the players weren't on the field, not that it is custom in college football. tonight there are reports, like one from the new york daily news, claiming that the president appeared to say the words wrong during the national anthem. we will fact-checked that and get back to you. i think i am being told that the dogs are still on top. we are trying to watch the game and the show at the same time. coming up, egypt's election commission says that it will hold it between -- the president has not announced his bid for reelection but he is expected to run again. the white house announcing today vice president mike pence will be traveling to egypt, jordan, and israel later this month. his visit is scheduled for

january 19th through the 23rd. vice president pence will launch the trip by meeting with lcc in cairo. he had originally planned to go there in december but that trip, you remember, was postponed by the g.o.p. tax plan. an electrical fire broke out atop trump tower in new york this morning. it was quickly extinguished. turtle firefighters and one other person sustained minor injuries. the president's son, eric, thinking first responders on twitter, saying: >> shannon: is republicans rolled up on immigrations, democrats are unde about talks of impeachment. ronna mcdaniel joins us to discuss a strategy for 2018. plus, his men took up arms against the government and yet he is a free man. trace gallagher tells us why clive and bundy is free. not sure there is any chance you miss this, some are openly

pushing it, oprah winfrey for president. if you're wondering where she sat on the key political issues, sat on the key political issues, sliberty mutual saved us almost eight hundred dollars 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? you could save seven hundred eighty two dollars when liberty stands with you. liberty mutual insurance. mom'#stuffynosecold #nosleep #mouthbreather just put on a breathe right strip it instantly opens your nose... up to 38% more than cold medicine alone go to breatheright.com today to request a free sample.

yeah, i got some financialbody guidance a while ago. how'd that go? he kept spelling my name with an 'i' but it's bryan with a 'y.' yeah, since birth. that drives me crazy. yes.

it's on all your email. yes. they should know this? yeah. the guy was my brother-in-law. that's ridiculous. well, i happen to know some people. do they listen? what? they're amazing listeners. nice. guidance from professionals who take their time to get to know you. ♪ >> shannon: democrats under pressure to embrace campaigning on a platform of impeachment as midterm elections approach.

many democrats have been trying away from that topic for months, while 58 house democrats are actually on the record supporting the move. some of the parties say they are encouraged by and impeach trump petition with more than 4 million signatures and a rush of money from billionaire environmentalist tom stier. >> we will be redoubling our efforts with the need to and impeach campaign. we are seeing this campaign resonate with voters in every state because they want to hear impeachment in the national debate. they are absolutely right to demand this. >> shannon: public and national committee chairwoman ronna mcdaniel joins us with reaction to the impeach trump movement at bunch more. good to see you tonight. >> good to be here. thanks for having me. >> shannon: what do you make of this? tom steyer, not want to be shy about pouring money into liberal matters, he is desperately focused, he will pour 30 million additional dollars a going after

millennials. >> i am all for tom steyer wasting his money. he should spend that money figuring out why democrats lost the heart of this country. they still haven't come to terms with the fact that they lost this election because they forgot about people in michigan and ohio and wisconsin who had felt forgotten, who had been left behind by the obama failing economy and they have refused to accept that people want to change in washington. instead of focusing on impeachment, maybe they should have an education as to why they got things the wrong. >> shannon: he does seem to admit that they made mistakes and he says it's really important to mobilize and connect with the millennials. also the idea of impeachment, he is continuing without. congressman brad sherman says this. talk of impeachment has already had an effect. imagine how president trump would behave if he thought there was absolutely no risk of impeachment. we need not wait until all the various investigations give us a complete catalog of all of trump's wrongdoings. you know that there is a

continuing ongoing conversation about the president's mental fitness. lawmakers actually had a meeting with a psychiatrist who's never examined the president to talk about the fact that they think he is falling apart. there is a broader narrative here. >> it's insulting. they are doing everything they can to delegitimize this election and delegitimize this president. let's look where this country is a year to this presidency. we have unemployment at a 17 year low. the biggest tax cut in 30 years. paychecks increase. we just saw a town hall report that a million people, a million people in this country, will see a bonus, pay raise, or addition to their 401(k) because of this tax cut plan. this is something that will help our country. democrats have doubled down on this resist, obstruct, impeachment movement, and they have nothing to show to the american taxpayer of what they have done in washington. when it comes to november, republicans are going to have actionable things to run on. they will say, we've done things to make your lives better and democrats will have nothing to show for what they've done the past year. >> shannon: how do you respond

to the polling that has generic ballots with the democrats doing much better? in generic congressional ballot, the democrats going much better. they feel like they are in a better position, they will talk about the negative things that have come along with the tax bill, they will continue to talk about impeachment and the president's volatility. they feel like they are in a good position going into the fall. >> generic ballots are tough because you are not putting candidate against candidate and we haven't seen the full benefits of this tax cut. we are starting to see it already with the bonuses and wages increasing. i have a hard time looking at generic ballots. what i am looking at is where is the rnc versus the dnc? we've raised record funds, we are building our ground game, we know the midterm elections are tough when you have the white house. we've known that all year. we've been preparing for that by the democrats about abysmal fund-raising. the energy that they seem to tout isn't translating into dollars coming into the dnc. they haven't been building that infrastructures of her not to vote in 2018. i feel good about where we are positioned. >> shannon: one of the candidates we may see someone you know and love very well.

let's talk about mitt romney because there are a lot of folks thinking he will run for the utah senate seat opening up of the of orrin hatch. with all of that having been said, if elected, he would instantly become perceived as the leader of the republican opposition to trump and i'm not sure that is such a good idea for the cause of conservatism. >> i don't see mitt romney being the anti-trump leader. i see him being something that will support this administration and the good things that have come from the trump presidency. i don't know if he is going to run. i don't have the inside scoop on that. i think he is very seriously looking at it and obviously, we had the news about his health and so many well-wishers coming in for him. >> shannon: it sounds like his treatment is successful. >> it's been successful. as party chair, i have to remain neutral in the primaries --

>> shannon: even if you're related? >> even if it's my family member, i have a cousin running for governor in colorado. i have to remain neutral for the primaries. i love my uncle mitt romney, he's a great man. i do not see them coming to washington to be an anti-trump are. i think that is a narrative that the mainstream media likes. >> shannon: they've had some friction in the past. speak of the president has called him and wished them all. the president considered him for secretary of state. if how a good relationship in the past. i think they would be a good partnership. >> shannon: they have eaten frog legs together. we figure if that happens, they can build on that. >> that is a bonding moment. >> shannon: great to have you with us. thanks for coming on. >> thanks for having me. >> shannon: dennis kucinich has filed paperwork to join a crowded democratic primary race to succeed republican john kasich as governor of ohio. 71-year-old dennis kucinich served in congress for 16 years before losing his seat in 2012. he also unsuccessfully ran for president in 2004 and 2008. across the aisle, house foreign affairs committee chairman ed

royce, republican from california, has announced his retirement. the third committee chair to step down in the last seven days. -bunny goes free and the feds go into damage control. what happened with the government's case? plus a republican versus republican showdown over government subsidies. government subsidies. so who won?for 100 years,

heritage and innovation have made gillette the #1 shave in america. now get gillette quality at lower prices -- every day. brought to you by 1200 workers in boston -- we're proud of giving you our best. gillette. the best a man can get. ♪ >> shannon: cliven bundy is a free man tonight after a federal judge dismissed criminal charges against of the nevada rancher and two of his sons with prejudice, meaning they cannot be put on trial again. bundy says he's been jailed for almost two years as a political prisoner. trace gallagher has the details. >> hey, shannon. it's a major blow to the federal government's effort to paint the bundy family as a group of violent extremists. instead, it tends to reinforce the bundies argument of an overzealous government. we knew this case was leaning this way because late last

month, federal judge gloria navarro declared a mistrial in the bundy case, saying the government withheld evidence, including secret surveillance video taken inside the bundy ranch, records of government snipers present during the 40 day standoff, and law enforcement assessments from 2012 that found the bundies posed no threat. the nevada u.s. attorney's office was threatening to retry the case until the day, when judge navarro dismissed the charges, saying the government's withholding of evidence was so grave that "a fair trial at this point is impossible. and here is cliven bundy's response. watch. >> here we are, we are fighting for freedom in the united states, we are going to have freedom in the united states. we have the best constitution, we have the best land, we live in the promised land. this is something that we deserve and we have to fight for. i have been a political prisoner

for 700 days. and today i am a free man. >> the nevada u.s. attorney's office maintains it did not willingly withhold any evidence. of course at the center of this debate was the 2014 armed standoff at cliven bundy's nevada ranch that began when the bureau of land management seized cattle from the ranch in an effort to force cliven bundy to pay 20 years of fees for grazing his cattle on public land. bundy claimed he didn't need to pay up because he inherited water rights on the land. hundreds of armed antigovernment activists rallied to bundy's cause and after 40 days, the federal agents finally withdrew. today marks the third time in four months the government has failed to secure a conviction against the bundys. in october, cliven bundy's sons were acquitted of all charges related to their 2016 takeover if a wildlife refuge in oregon. shannon. >> shannon: trace gallagher live in l.a. federal regulators today

rejecting a proposal by energy secretary rick perry. the plan would have provided subsidies for coal and nuclear power plants in some parts of the country. he argued the subsidies were necessary to keep the nation's electric grid resilient in the face of extreme weather events. the republican-controlled regulatory commission said there isn't evidence that fewer coal-based power plants are a threat to the power grid. last week's bomb cyclone that snowed in and froze most of the eastern u.s. caused thousands of light delays and cancellations, passengers at jfk remained stranded after a water main break sunday lead to the cancellation of even more flights and forced thousands of passengers to have to abandon their luggage. many passengers who were not accommodated by airlines were left to sleep the terminals. "night court" convenes. the case of the snow called snowflake a measure of goes to court. our legal eagles break it down. but first, oprah for president?

we are investigating her policy positions she's articulated over the course of her tv and movie career. we'll tell you where she stands on some big issues is the rumors of a possible bid for president continue to swirl. >> so i want all the girls watching here now to know that a new day is on the horizon! ♪ .. they have passions to pursue. how do they avoid trips to the post office? stamps.com mail letters, ship packages, all the services of the post office right on your computer. get a 4 week trial, plus $100 in extras including postage and a digital scale. go to stamps.com/tv and never go to the post office again.

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>> because we all know that the prices under siege these days, i value the press more than ever before, as we try to navigate these complicated times, what i know for sure is that speaking your truth is the most powerful tool we all have. >> shannon: oprah winfrey wowing the crowd of the golden globes and then the media today virtually today virtually across-the-board. will she run? once she? hard to say. but we sent our team to looking into what a oprah presidency might look like. here's what we found. in 2013, she stated she supports a clear path to citizenship for 12 million illegal immigrants. on gun control, she also stated her support for "a stronger background checks," saying gun violence is robbing us of our children. in 2013, she spoke out in support of welfare programs and saying that because of the richest nation on earth, we can afford a basic level of security and opportunity, also saying

people from both parties believe that mothers and families should have access to healthy food and a roof over their heads. joining me to discuss is dan gainor, the vice president of business and culture at the media research center. great to see you, dan. >> great to see you. it is all oprah all the time. the media are agog. >> shannon: yeah, they loved the speech last night. i thought it was her entree onto the presidential seder. at least nbc was hoping so. >> nbc releases the tweet that says "our future president," the way they capitalized it, people started mocking them and saying that the owi network was merging with nbc. then today, morning shows, evening shows, cbs going crazy in the nighttime hour. cnn, you've got brian stelter come there media guide, protecting that she was going to be the vice president for a

joe biden ticket in 2020. you heard it here first. it goes against -- he would think at some point, they would learn. the left had all the celebrities they thought on our side last election. they had beyonce come all sorts- katy perry, 650 million twitter followers from the top people that they had backing hillary clinton. they still lost. >> shannon: it's interesting because president trump talked about at one point that he thought she was make a great ru. he had a lot of praise for her. she said he is -- he said he's fantastic, great, very smart, all these things that he said a. it will be interesting if they end up on the scene stage opposite each other. an interesting pieced in "the huffington post," writing that you should slow the brakes a bit. "this was a revealing bit of wash casting suggesting among other things that it's not just

trump voters who are fatally unserious but our politics, they wanted to say instead of picking our own version of donald trump, the answer is to elevate politicians who do the politics better than the other guys." while there is a lot of fawning praise and excitement, there are some on the left who are cautioning, you know, this isn't that different in principle the kind of candidate you choose, someone who's an outsider, beloved, at least popular celebrity. if we criticize the red for doing it, the left is saying, should we be doing it to? >> it wasn't just huffpost, it was late, it was splinter, you will find a fair amount of questioning oprah in the left-wing press. do you find almost none of it in the knee-jerk price. i've been watching oprah for most of my adult life. i grew up in baltimore watching her, people were talking with a local celebrity, she's

impressive, she's a self-made billionaire. there is a reason to respect that. but that doesn't mean i agree with their positions. everywhere you look at the left, that's where she is. pro-lgbt, pro-amnesty, anti-gun, she's a liberal and that is the other is in the media love her. >> shannon: we will see. her partner, stedman graham, has said that she is considering it. others close to her say she is taking this very seriously. in the past she has said never will she run for public office. we'll see. as she said, there's a lot of mainstream media support. as everyone says, you are super popular until you put your hat and the ring and then people start to look at you with a very different, critical eye. we'll see. dan, great to see you. thanks for joining us tonight. >> thank you very much. >> shannon: could what you post on facebook land you in court? when "night court" convenes, former milwaukee sheriff david clarke facing a legal battle after calling a man a snowflake online. we'll take up that case next. an update in the battle between

religious liberty and lgbt rights. we'll tell you about a supreme court action today on a controversial law in mississippi. liberty mutual stood with me when i was too busy with the kids to get a repair estimate. liberty did what? yeah, with liberty mutual all i needed to do to get an estimate was snap a photo of the damage and voila! voila! i wish my insurance company had that... wait! hold it... hold it boys... there's supposed to be three of you... where's your brother? where's your brother? hey, where's charlie? charlie?! you can leave worry behind when liberty stands with you. liberty stands with you™ liberty mutual insurance.

>> shannon: the u.s. supreme court refusing to hear a pair of cases challenging mississippi's law that allows government workers in private

business people decide their religious beliefs into denying specific services to lgbt people. the justices ruled the plaintiffs do not have legal standing to challenge the law because they didn't show they had suffered any direct harm. however other cases on that issue are very likely to make their way to the court. ♪ time and effort "night court," involving someone arguers know very well. former milwaukee sheriff david clarke. well daniel black is suing him over an incident that happened last year while the two of them were on a flight from dallas to milwaukee. black has stopped to ask clarke if he was there milwaukee county sheriff and then shook his head and walked away when the clarke said yes. court argument say that clarke try to engage blood, who shook his head and gave him a dismissive wave, while they were several sheriff deputies waiting. black sued clarke and the deputies, claiming they violated his right against search and seizure. a judge has dismissed these claims. but he has decided a jury will

get to weigh in on two postings the sheriff made on facebook. including this one: do the facebook postings amount to a threat? joining us now, our legal eagles, fox news legal analyst mercedes colwin and attorney jesse weber. great to see you both tonight. >> great to be on. >> shannon: people know, i want to read the other posting, the other one from sheriff clarke, who said the next time black, the plaintiff, or anyone else pulls the stunt on a plane, they may get knocked out. the sheriff did not have to wait for some groove to assault him. he reserves the reasonable right to preempt a possible assault. jesse? >> so i like sheriff clarke but i have to tell you, as a lawyer, i why she did not hit that post button. it is a mistake. the jury has to decide this question. mr. black has a pretty strong case. the standard is, where those

posts so threatening, so intimidating, so coercive, that it would prevent, deter mr. black from engaging in his free-speech rights to complain about or criticize the sheriff? and i believe that a jury could say that he had a reasonable belief to say that if he kept complaining about mr. clarke, that something bad would happen to him. remember, when this happened, sheriff clarke was the sheriff. he had the whole power of the department, the resources of the deputies, and mr. black saw that first hand at the airport. when you look at the combative nature, the aggressive nature of these messages, these posts, it is reasonable to assume that he had a fear that something would happen to him, there would be some sort of retaliatory action. i think that this guy has a very strong claim against sheriff clarke. >> shannon: mercedes, he says he felt threatened, had cost him mental and emotional damage, and it subjected to him threats online in anti-semitic comments. after the experience, he posted

on facebook first. then the sheriff's department linked to that and added these comments by the judge throughout all these other claims about whether the deputies were detaining him or any of these kinds of things. but the judge said, clarke's post could recently be understood as a threat, coercion, or intimidation that punishment would immediately follow." >> this is amazing. a jury can look at this and say, this is an encounter between two men that had two much testosterone and their system. this kind of encounter happens almost on a daily basis. it is something that the jury can look at and say, this is just a minor encounter between east two. frankly, let's take a look at the actions that sheriff clarke did take. it's reasonable that he had a fact-finding of mr. black when he left the plane. in fact, during the testimony, mr. black said that the deputies that were asking questions of him were kind, the sworn testimony that he gave. so actions speak much louder

than words. the fact that sheriff clarke took the reasonable steps that he did, and yes, that he lacked judgment when he posted those comments? probably. was he fueled with a little too much testosterone, a little too angry? probably. but at the end of the day, is it really going to stop mr. black from ever engaging in first amendment conduct? unlikely. we already know what sheriff clarke did at the appropriate time when he did feel reasonably, as well, during trial, he felt threatened. that is what he said, let's do some fact finding to find out who mr. black is and whether he poses a threat to the community. >> shannon: the judge said this. another interpretation of these postings by the sheriff's other posts are intentionally hyperbolic and juvenile attempts at mockery and self-promotion and an ordinary person would not be intimidated by that. >> i'm glad you brought that up. unfortunately, for mr. clark,

that crossed the line from mockery when it became those two posts, where he said, "next time, he may get knocked out out, both goat and snowflake, the next time clarke would harass you, he wouldn't be around to be around. that can be perceived as a threat. >> let's remember, though, what happened to that passenger on united airlines. can you get knocked out for that type of encounter? absolutely. that united airlines passenger was taken off the plane because he refused to give up his seat. this type of encounter can happen. just be what we got to leave it there. thank you both are weighing in. this will go to jury trial january 22nd. we will see. mercedes and jesse, thank you both very much. >> thank you. >> shannon: more news next. ♪ per roll

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