>> i went to bed at halftime, set my dvr, thank you. got up super early end of the thing ran out at the end of the fourth quarter. congratulations to alabama. >> "happening now" starts right now. >> jon: republicans and democrats set to lock horns on immigration. president trump set to host a bipartisan group of lawmakers at the white house this hour. i'm jon scott. >> melissa: i melissa francis. democrats look for a fix to shield hundreds of thousands of those dreamers from deportation. president trump is now set to begin real negotiations. >> he wants to have -- to secure the border, interior

enforcement, and change migration. i think it's a behavior critical on their part, they were the ones in 2006 who basically supported these physical border barriers. it's time for them to come to the table, let's strike a deal. the president wants to strike a deal with the democrats and the time is now to do it. >> melissa: john roberts is live with more on all of this, busy day, john. >> it's always a busy day, good morning to you. we will start with a little bit of breaking news, fox news has learned that in the next 24 hours the white house expects to confirm the details of a high-level delegation the administration will be sending to the olympics in south korea starting on february the ninth. we are told, it is not confirmed, that the delegation will likely be led by vice president mike pence. this would be a very strong

signal to north korea, which has just yesterday announced its participation in the winter olympics, that the united states stands squarely behind its ally south korea. this move to get north korea into the winter games is seen as perhaps a potential icebreaker in this crisis. we will see of new developments go on from here. the meeting at the white house which starts in half an hour, about 20 democratic and republican members about the the house and the senate will be here to talk about immigration. what's notable is that none of the big four from leadership, mitch mcconnell, paul ryan, nancy pelosi, or chuck schumer will be here. among the people who will attend, kevin mccarthy, judiciary committee chairs and cochairs chuck grassley, dianne feinstein, mike mccall, betty thompson. along with other notables such as lindsey graham, heidi heitkamp.

the white house will present a group of proposals and requests to the assembled folks here today. they will tell them what the president wants on the wall, ending immigration loopholes, ending chain migration and a number of new i.c.e. agents the president wants to help enforce customs and immigration laws. stephen miller on tucker last night said he believes the president has the political high ground here, listen. >> if democrats oppose a border wall, they are saying they want continued unending illegal immigration. democrats ultimately have to make a choice. we are saying to them, if you want to make that deal, you have to deliver benefits for american families and american taxpayers, too. if they are willing to agree with those terms, we can have deal. >> attending will be the president, john kelly, the new homeland security secretary, the legislative affairs director who set a short time ago on

fox business that he wants to reach a deal on this with democrats but doesn't understand democrats negotiating tactics, listen here. >> we want to find a solution for them but what i don't understand is the position to say we are going to shut down the government, stop funding our troops, we are not worried about our national security until we solve a situation with illegal immigration. >> talking about the so-called dreamers, the deferred action for childhood arrivals. they have until march 5th to try to work that out. the white house wants to see a counterproposal from congress on what to do about the dreamers. clearly the president needs to get chuck schumer and nancy pelosi on board even though they are not here but i'm told this meeting is really all about people who want to get to a deal as opposed to those who want to play politics. we should point out the president's attorneys are potentially planning for the possibility of an interview of the president by the special counsel robert muller as part of

the russia investigation. i'm told this interview may never happen, that's a real possibility but the president's attorneys expect that mueller will before the the end of the investigation ask for an interview with the president so they want to be prepared and make sure that if there is a sit down they don't just put the two of them in the same room and say have at it. they want to have a defined set of parameters about what topics will be talked about and what questions will be asked and won't be asked which is just as important. >> melissa: a lot to work on, get back to work. thank you. ♪ >> jon: just in on the korea crisis with the north and south holding their first formal talks in more than two years. both sides agreeing to more discussions on reducing military tensions along the border while the north said it would actively cooperate in next month's winter olympics in south korea. there was no mention of nuclear weapons or missiles.

>> what north korea wants to see if these talks apart from an agreement on how to join in the olympics is very much, it wants to see south korea come to the cable and engage with the north on its own terms without outside forces as kim jong un referred to them. that means the u.s. or other countries involved. calling on a korean sense of nationalism or pride and asking south korea to deal with north korea on its own terms. whether this will continue past the winter games remains to be seen. >> jon: managing director of the washington institute, good morning. north korea is sitting down with its counterparts from south korea, how significant do you think this is? >> so far we've seen president trump welcome this and

obviously indicate he will send his own delegation to the winter olympics. i think he is right to do so, anything that could calm tensions and ensure security at the olympics is in our interest. i do think we need to keep our expectations realistic here. my guess is what the north is trying to do with this gambit is blonde to the pressure campaign we've seen against north korea in recent days and potentially drive a wedge between the u.s. and south korea by playing to things they know south korea wants that the united states might not agree with. >> jon: you think the north is buying time? >> we've seen the pattern time and time again, as soon as pressure starts to ramp up the north will sit down for talks, simply do to stop its provocations for a temporary time but also see no ultimate solution to the problem we are dealing with which is the nuclear arsenal. >> jon: the washington manager of "the wall street journal," here is something he wrote in the journal.

talking about how the tensions remain even though these talks are underway. he writes "just one sign of how fraught the situation remains, simply consider this. u.s. officials are quietly debating whether it's possible to mount a limited military strike against north korean sites without igniting an all-out war on the korean peninsula. the idea is known as the blood he knows a strategy, react to missile test with a targeted strike against facility to bloodied their nose and facilitate the high price the regime could pay for its behavior. the hope would be to make that point without inciting a replay reprisal from north korea. >> the key word is hopefully. when we come up with these types of halfway measures, there is a tempting reason to do it. you are hoping to get a lot of benefit for a law less risk than a full military attack. often what happens is the

opposite, you take a lot of the same risks you would for a lot less benefit because even if you succeed, without triggering that escalation into nuclear war, ultimately what if you accomplish? north korea still has its nuclear arsenal, maybe you are getting a temporary pause in testing at best. >> jon: what about the sanctions program? you indicated that the sanctions may be part of the reason north korea decided to join these talks underway right now. >> that's right and that's why i think it's important that we not look for quick fixes here, either by getting too excited about these talks and starting to lift pressure or by moving into military action. probably what we are going to need is a longer-term effort to degrade and undermine the regime which means keeping pressure up and keeping our military force is strong and keeping our alliances in the region quite strong as well.

>> jon: i suppose a part of the danger of the strategy is that any reaction may be disproportionate. the united states could launch a limited strike and the north koreans could launch what they consider a limited strike that would result in potentially thousands of deaths. >> you are right, there is a risk of that escalation getting out of control. it is also a risk that the north may not interpret a strike as limited. it may see the strike coming and think this is it, this is an all-out strike. the messaging around that ensuring the north understands what you're doing it doesn't escalate can be tricky. >> jon: if you are advising president trump and those dealing with the north right now, what would you tell them is the next step after these talks? >> i would say it's fine to talk, there is no reason not to explore a potential diplomatic opening but we have to be able to keep pressure in place and continue to ramp up pressure in

terms of sanctions and our diplomatic and military posture in the region. all those instruments together for one coherent strategy. >> jon: michael, thanks very much for your expertise. >> melissa: (2020, the idea gaining steam among democrats after her speech at the golden globes. a new details of the deadly shooting of a sheriff's deputy in washington state, with police closing in on a suspect. >> that's such a shock because this is a pretty safe neighborhood, i feel. it's so surreal. it only takes a second for an everyday item

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>> jon: police in washington state arresting a 32-year-old suspect after a sheriff's deputy was shot and killed sunday night. authorities say the man is in

custody for under unrelated warrants but they could upgrade the charges. the officer died in the hospital after he was shot. one other suspect also involved, that man was killed. deputy mccarthy was a navy veteran, husband, and father of three boys. >> oprah winfrey is very talented, she brings people together, she's not divisive. right now our country is very divided. what she did last night was she brought us all together and that is what is needed. >> melissa: during our hour, new reaction to all the speculation of oprah winfrey running for president after a powerful speech at the golden globes on sunday. a white house spokesman now weighing in, saying president trump would welcome the challenge of facing off with the tv star. let's bring in the white house correspondent for reuters, do you buy that?

>> sure i buy it. i think what his point was is that this president is confident he can take anyone on, whether that is oprah winfrey or someone else the democrats put up. >> melissa: it is very hard for me to believe she would do this. it looks incredibly painful and uncomfortable to run for president, i don't know why anyone wants to do it. her life right now is fabulous, it seems like she'd be insane. do you think she really do it? >> it's hard to say, it seems like she has a great life but she also is somebody who has said many times that she believes in inspiration and having a calling and if she decides this is her calling, it seems like there are some democrats who would call her as well and ask her to take up the mantle. that said, there are a lot of unanswered questions about an oprah winfrey candidacy. a lot of things we don't know about her views on policy

issues, a lot of questions she would have to answer. >> melissa: there's a lot we don't know about her point of view, especially when you see democrats embracing her, they assume she would be very liberal but at the same time you have to wonder. she's an incredible business mogul who has driven very tough bargains in order to on her brand, she's fought back against all kinds of things and made her empire what it is. you've got to be tough, you've got to know about tax law, understand how businesses work. we don't know that she'd be that liberal. >> the fact that she endorsed barack obama and hillary clinton makes people think she would lean towards democratic candidates and democratic policies but she has said she has voted for both democrats and republicans and that raises some questions about what her thoughts are on specific policies. as you say, she's a

businesswoman and a very successful one at that and sometimes people associate that with more republican leaning policy. those are all things we would have to find out. >> melissa: in my mind she knows what it takes to make a business work and a lot of that from a pure ceo standpoint seems to go more with smaller government, lower taxes, but regardless. she also hasn't been put to the very uncomfortable scrutiny of the press for a very long time because she's been so popular. it doesn't sell magazines to write an article about anything negative about oprah but she is fair game. you can already see people attacking some of her charities and things she's done in the past. she may not coming do not come out the other side being as popular as she is. >> you've seen that with hillary clinton as well when she left the obama administration and when she was in office as a

senator and as the first lady. her ratings would go down very dramatically once she started running for office. that is something that could happen to oprah winfrey as well. she has said before several times that she is not interested in running for public office but that speech really drew a lot of attention and people are thinking maybe she would throw her hat in the ring. there are certainly downsize that you just said. >> melissa: without question. thank you for so much for coming on, we appreciate it. >> jon: there was a time when oprah would sign all of her paychecks personally for her empire. she was very involved, is very involved. >> melissa: with these master of the universe tight people who have conquered so many different things, they think this is the mountain left to climb. she's broken all barriers, she may be like "i could do this

well." we will see. >> jon: fired google employee sent a memo claiming there were fewer winning in engineering because of genetic differences that favor men is now taking legal action against google. details on that next. plus rex tillerson speaking out about his decision to withdraw diplomatic staff from cuba. how soon americans may return to havana. >> i've met with the victims and their families, i'm concerned about their health and well-being and that trumps everything. don't let type 2 diabetes get between you and your heart. because your risk of heart attack or stroke is up to four times greater. but there are steps you can take to lower your cardiovascular risk. talk to your health care provider today about diabetic heart disease. and find out more at heartoftype2.com. your heart and type 2 diabetes. make the connection.

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of american diplomats in cuba. this comes amid concerns of possible attacks on u.s. diplomats in havana. rex tillerson standing by, his decision to order most state department employees and their families to leave the island last september. >> if i can be convinced that i am not putting people back potentially in harm's way, why in the world would i do that? >> melissa: a recent fbi report concluded that there is no evidence impacting any americans health in cuba. cuba has denied any involvement or knowledge of any targeting of americans in their country. >> jon: the author of the controversial memo inside google is now suing that tech giant. he is filing a class action lawsuit claiming google still engages in harassment and career sabotage of anyone who holds

conservative viewpoints. damore was fired by google in august, he posted the lawsuit. it contains dozens of screenshots of internal google documents. what makes it interesting is the detail, wherein so-called diversity summits, managers were told they'd be penalized if they didn't hire 50% women or meet minority quotas. when google was asked for feedback, damore wrote that infamous memo. the negative response was huge. one fellow employee said "you're a misogynist and a terrible person, i will keep hounding you until one of us is fired. another wrote "if google management cares enough about diversity, they should, and i urge them to send a clear

message by terminating damore and terminating those who express support." yesterday it damore to reporter reporters. >> there is continued harassment and career sabotage of anyone that expresses a conservative viewpoint and there is constant shaming and attacks against white men within silicon valley. >> google said it fired damore because he perpetuated harmful gender stereotypes. silicon valley politics askew to the left, executives give primarily to democrats. the lawsuit contends that that liberal point of view influences the content that we consumes. google says it looks forward to defending itself and its diversity efforts when it's clear the cultural war is alive and well in silicon valley. on red at that memo generated

10,000 comments. >> jon: it's not over yet. thank you from our los angeles bureau. >> melissa: a major mob crackdown in italy, leading to more than 160 arrests. a police are putting an end to one crime families international reach. president trump and lawmakers from both parties working on a deal to protect streamers as some republicans say democrats could let the government shut down if they don't get their way. we are going to ask our political panel about those major battles playing out in washington. >> we can't shut down the government of the united states over daca and you can't be against anything because of the building of a wall. even if there was no daca, even if there were no illegal immigrants, we still have a fundamental obligation to keep our country safe. stage.

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>> melissa: a major crackdown on crime across europe, seizing some $60 million in assets. amy kellogg is in milan, italy, with the details. what's behind all this, amy? >> as the prosecutor in southern italy where this crime family is based just told me, the

syndicate is so rich, they can buy them off. as you can see, the reach of this clan, the powerful organized crime syndicate, their tentacles reach all the way up through italy. these guys were cornering the markets and supply chains for pizzerias, they were dealing in food and wine and a funeral services. here were some phone intercepts picked up by the police. "oil is gold, fish is gold, bread is gold, the debt are gold." these businesses were used to launder real money made by the syndicate and cocaine, arms dealing and people trafficking. over 160 people were arrested including dozens and local administration.

>> when we talk about power we have to think that the mafia and ndrangheta vote and get others to vote but in this case they actually put their people in administrative positions. they have dozens in public administration. >> according to the prosecutor this was one of the biggest arrests when it comes to organized crime in the last 20 years. the cooperation with german authorities was also key in terms of nailing the case down, melissa. >> melissa: amy kellogg, thank you. >> jon: a fox news alert, 2018's first big political battle heating up in the white house right now. president trump meeting with a bipartisan group of lawmakers to talk about immigration. that's it down comes as a looming but budget deadline has over their head. the administration says democrats are using for leverage on immigration. >> unfortunately the democrat position has been to say we are

not going to agree to any additional spending until there is a deal on daca. we feel it's improper to hold it hostage our troops who are working so hard to protect us over a position on illegal immigration. >> jon: joining us now, leslie marshall, syndicated radio host. and gianna caldwell, both are fox news contributors. it seems -- the american people generally do not like it when their government shuts down and they usually blame the party that's responsible. the question is, who would people feel is responsible if this shutdown were to happen? >> honestly, we are talking about the democrats holding everything up with this disingenuous fight over daca. they are legitimately holding 11 million people hostage over political points. this is where we are in this country, especially when we

think about what the fight is over the dreamers and what democrats are now saying is a divisive issue, people like president obama, president clinton and hillary clinton in 2006 voting for the secure fence act. these folks are now saying it's a divisive issue when they were for it before they were against it, at least with the southern hemisphere. i'm finding this to be very troubling that democrats want to score political points when there is real lives on the line. >> jon: there was a time when barack obama had the white house and the bully pulpit, why did democrats not deal with the dreamers then? >> democrats tried to deal with the dreamers, and this is something that has had bipartisan support but they never make it to the finish line. what happens is at the end of the day, i couldn't disagree with my buddy over there more in the other studio. i have to tell you, it's amazing to me. do you remember a guy named

george w. bush? he was a president and a republican and he was in agreement with what democrats are asking for now. the problem here is are we going to hold hostage dollars or dreamers? dreamers are being held hostage regarding a wall and someone to blame democrats for saying look, no more dollars when we want to deal with human beings first and foremost. neither side wants to shut down and i certainly hope it doesn't come to that but i don't think there's going to be a wall, we don't have the money and you can't use these people as a bargaining chip to get that. >> jon: the president who won the election could not have been more plain with his campaign plank that he wanted to build that wall and it got them elected. why should he not pursue it? >> first of all, he said mexico was going to pay for it so there would be a broken campaign promise. politicians breaking campaign promises, in addition to that we don't have the money to pay for

this wall and furthermore, the security risks of the united states don't come in through mexico and are not because we have the lowest illegal immigration passing of the border in mexico. we have something in front of us call the computer and that's how these terrorists are recruiting individuals. >> jon: mercedes schlapp who is a white house communications advisor was on "fox & friends" " i want to listen to what she had to say about this argument. >> i think the democrats are running a very big risk if they go in this direction of basically saying we are going to hold onto the spending bill and here is the president saying come over to the white house, let's talk, let's get this done. the american people want to make sure our homeland is protected. they want to make sure we have real immigration reform. the president will deliver. >> jon: is it risky for democrats to make demands in

exchange for some kind of a daca deal? >> i think it's very risky. the fact of the matter is, the executive order was unconstitutional, the constitution tells us that congress does have the say-so over immigration policy. i think democrats are really hedging their bets because they know the hispanic population will be the minority majority in this country. i know the reason people like mayor rahm emanuel are holding undocumented immigrants is because he knows that every ten years there is a census and what does a census to? accounts people, it doesn't matter if they are legal or not. it provides a number of congressional seats and what happens there gives power to the particular states and funding which gives democrats jobs and all kinds of other things. this is a disingenuous effort by the democratic party because they are not caring about the lives of these dreamers that are

really on the line. they care about the power in which they give them political points in an election. otherwise they wouldn't make a deal. >> jon: there's a bipartisan meeting underway at the white house, last question. one of the chances they come to some kind of agreement? >> i don't think there will be in agreement today, quite frankly i think the opposite which is republicans don't want these dreamers to become citizens because you know they are going to 99.9% vote democrat because the democrats have done more for immigrants, undocumented and otherwise in this country historically. republicans will be blamed if there is a shut down because they are in power and in both chambers of congress. >> we are a nation of laws and everyone has to submit to that. no one just gets in for the strength of it.

>> jon: i've talked to a lot of legal immigrants who are upset about people jumping the line in front of them, but that's another topic for another day. thank you both. >> melissa: did fbi officials working on the russia investigation leak vital information to the media? reportedly prompting questions in congress, and what the u.s. can do to tamp down leaks. growing fears of a double whammy for california and places just beginning to clean up from a devastating wildfire. >> what's next, pestilence? fire, flood, grasshoppers? i don't know why i didn't get screened a long time ago.

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officials say rains in the forecast could be too much for hillsides left charred and barren from the fires and they are warning residents to be ready. >> with the rains coming, we hope the mountain will hold. >> i work in santa clarita, i figured i better get home and get sandbags around my crawl spaces. >> make sure that everything is covered, all your bases are covered. >> jon: some neighborhoods have been evacuated, other cities are placing sandbags on streets and clearing storm drains to try to prepare for the flow of water. >> melissa: congressional lawmakers reportedly looking into whether the fbi may have been behind some of the leaks to the media on the russia investigation. prompted by the text messages between peter strzok and lisa page shortly before election day

in 2016. peter strzok was removed from the investigation after other antitrust texts. joining me with more on this, morgan wright, cybersecurity annulus back 1 of them has to do with the idea that it's possible that this british spy was out shopping around parts of the dossier to the media. and everything that may entail. also these text messages going back and forth where you have these two talking about articles that have been published and they are saying things like "boy that was fast, should i find it for the team?" and they talk about how the article was very anti-bureau and they are glad they threw this one under the bus because the article didn't come out the way they wanted, what does all this mean to you? >> to quote jerry maguire,

follow the money. in this case, follow the data. all of the messages, the emails, the phone calls. follow the trails and what you will ultimately find is there is marked collusion between the doj and media than there is between the trump campaign and russia. the sad fact about this is that this has a huge downstream effect. people are not wanting to share their information and intelligence with us for military operations and for our forces because we can't keep anything secret. all of the stuff getting out is only hurting our national security at home and abroad. >> melissa: it seems like they are sharing their information because they want to shape public opinion, whether it's about their bureau are the president or a special investigation, they are trying to influence how the public thinks and i don't think that something people normally think fbi agents are out doing. we think of fbi agents as

investigating wrongdoing. >> this pin is the national law enforcement officers memorial, i love these folks. you get up to the point where it becomes political, you are righ right. leaking this information to shape public opinion, the same thing they are saying the russians were trying to do which was shape people's opinions about trump or clinton and get them to vote a certain way. this information should not be coming out and at the level it's coming out at, the height in terms of the hierarchy and who the senior people are is very distressing because they are insulated like that they are going to do a lot more to protect themselves. you would be hosed over something like this, they are getting protection based on the role they are in. >> melissa: that's the question, is it against the law? it makes our allies feel like our fbi agents are leaking all kinds of information for political benefit so they don't want to give us information.

what do they have to be sharing in order for them to actually be in trouble? >> a variety of things. it's not illegal -- it may be against bureau policy, the office of professional responsibility will handle that. it could be a violation of the doj guidelines. when you start talking about information that is sensitive or classified or violate certain law about things you are not allowed to do, you have to remember, the government and media have had a very strenuous relationship for a lot of years so you've got to be careful about that. >> melissa: it seems like this british spy who manufactured this dossier that turned out to be a smear campaign and the facts within it weren't true, it was paid for at least in part by the dnc and the hillary clinton campaign, he shopped it to the media, do we know if it was used to get warrants through the fbi?

it shows you the trail of this document that i was fabricated and all the different things it was used for. what's the danger of that in your mind? >> follow the data. they think it's coming from the fbi, people say it has to be true because it's coming from the bureau. they haven't done their job and verified this. somebody may unwittingly rely on this information and take actio action. in the case of this dossier, how this ever got past the sniff test, i can't understand how it got past the sniff test by seasoned intelligence and investigative operatives. >> jon: more trouble in the east china sea to tell you about, three days after an iranian oil tanker collided with a chinese ship.

the challenges for rescuers to find those 32 missing sailors. plus four common sentenced in the 2013 hazing death of a fraternity freshman. >> the level of depravity by those individuals is shocking. shocking.

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this playoff weekend? >> we will hash it out with our guy in the middle, brian kilmeade is back. top of the hour, see you then. >> melissa: an iranian oil tanker that collated with a chinese freighter in the east china sea on saturday is reportedly still on fire as rescue boats struggled to locate 32 missing sailors. benjamin hall is live from our london bureau with more. benjamin? >> hi, melissa. three days since this tanker crashed, experts getting very worried. there were a million barrels on board and if they explode or spell this could become one of the worst ecological disasters in 25 years anywhere in the world. the chinese government has come out and said that as of yet there is no sign of a large-scale oil leak. but if they can't get this fire under control and that tanker explodes, the oil will leak at the bottom of the ocean and

could devastate the local ecosystem, potentially making it one of the worst spills in history. it is sadly also now presumed that the tankers crew of 32 is now dead. the crash happened about 160 nautical miles offshore to the east of shanghai but strong winds are dragging the tanker away from the chinese coast. it was sailing from iran to south korea carrying $60 million of iranian oil. it collided with a cargo ship carrying grain from the u.s. the crew of that ship are safe and experts fear that unless the fire is brought under control, this could get a lot worse. at the moment there is very little that can be done. toxic gases, poisonous smoke making it incredibly difficult to salvage anything so they are resorting to firing water cannons from a long distance. that for the moment is all they can do and this could still yet become one of the worst disasters we've seen in decades. alyssa? >> melissa: benjamin hall, thank you. >> jon: right now four new york city men sentenced to

jail time in pennsylvania in the 2013 hazing death of a 19-year-old fraternity pledge. some of the defendants could spend as little as ten months in jail, while three have a maximum sentence of 24 months. prosecutors say they should serve more time. >> the judge had a very tough job and while i am disappointed by the ultimate outcome, there should have been, i understand her decision today. i don't doubt for a second that there is remorse on behalf of each and every one of them. >> jon: prosecutors say the college freshman was blindfolded and forced to wear a heavy backpack and repeatedly tackled as part of the fraternity's initiation ceremony. all four defendants pleaded guilty to voluntary manslaughte manslaughter. >> melissa: now checking if there is evidence of new leaks, what fox news has learned about the probe next.

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>> that was a fast hour, lots of news. i loved it. >> come on back. >> thanks for joining us. >> "outnumbered" starts right now. >> harris: fox news alert, a big meeting right now happening inside the white house. president trump is hosting a bipartisan group of lawmakers that are talking about immigration policies. the white house has a long wish list of reforms and border security measures that it wants in the deal. emma kratz want to make sure the so-called dreamers are protected from deportation. and the standoff may make a whole host of other pressing problems a lot more complicated to work out. this is outnumbered. i'm harris faulkner. here today, sandra smith. anchor of the intelligence report on fox business bringing, trish regan. a former deputy spoke person for the state department, marie harf. joining us on