or march 5? >> i'm not going to negotiate what that date looks like from the podium. that's something we will work with congress on. but those are the four areas that they all agreed at the conclusion of the meeting to narrow the scope of the focus. john? >> how confident are you that those four things will remain part of phase one of the process? senator dianne feinstein possible itted the idea of a clean daca bill which the president first seemed to embrace -- >> he embraced only if you look at what the president's definition of a clean daca bill is. within that bill he thinks that you have to include not just fixing the daca, but closing the loopholes and making sure we have solution on that front so we don't create a problem and find ourselves right back where we started in one, two, three years later. >> which is clearly different than her perspective on a clean daca bill. she states they should do a clean daca bill, handle the

dreamers and handle border security as part of comprehensive immigration reform. is the president setting himself up for a battle where the democrats say let's just do daca and he's on the other side and no coming together? >> the president is setting himself up to achieve what everybody in that room agreed they wanted to see happen. and that is a deal on daca, a deal on border security, talking about chain migration, and s the visa lottery. what's where we are, the four principles. matthew? >> two quick questions if i may. the democrats said after the meeting that they support border security measures and that their understanding is that the president used the term "wall the" and "border security" interchangeably. is that true? >> we believe that the wall is part of border security. that's one xoen end of it. we firmly -- that's one component of it. border security has to be part of the negotiation and part of this deal. >> very quickly, is there any

update from the white house on the process of deciding if, and how, are bump stocks should be regulated? >> that was something that the atf was doing a full review on and we anticipate the results of that to come back. we'll make a decision once that's been done. the department of justice asked that that take place. blake? >> the president also talked about ear marks, saying it could lower the hostility in d.c. and lead to sides coming together. is he not concerned it could lead to runaway spending? >> the president said you have to be careful and you have to have controls on ear marks. the broader point the president was making is that partisan politics have become a big problem in washington. we have gotten to a place where democrats and republicans are fighting more than they're fixing. he wants to find different ways to bring more and more democrats and republicans to work together on legislation, to move our country forward. he threw that out as one subject

ocean how we might do that. >> is the president expected -- planning on making this an annual event, him going to davos, do you have any detail, when he might go? >> we're still finalizing the details when the president will be there. we don't have any commitments beyond this year at this point. but as we said earlier today in the statement the president will attend and he welcomes the opportunity to go there and advance his america first agenda with world leaders. and he is very much looking forward to being part of the process. margaret? >> during the campaign, the trump campaign -- viewed by some as a gathering of global elite. what was the president's campaign message to his base. obviously you're thinking it has evolved who is the message for and what message. but has this -- >> our thinking hasn't changed

at all. to be extremely clear. the president's message is very much the same. here as it will be there. just the same as it was here as it was when he made many stops in asia. very much an america first agenda. the president is still 100% focused and committed to promoting policies that promote strength for american businesses and the american worker. that's going to be the same whether he's in the u.s. or any other place. >> i wanted to ask also, do you have a fuller picture of that u.s. delegation that you can share with us at this time? >> we're finalizing the details, but you can expect that a number of senior members of the cabinet and administration will be part of this event. some will stay for a more extended period of time than the president. >> is he going to meet with world leaders? >> we're finalizing the details of the trip. we'll make sure you are well aware. cellia? >> thanks.

ivanka trump praised owe prau on twitter, saying let's all come together. is that the message from the white house, the support of this movement? >> well, the message from the white houose is that everyone should come together. you saw a great example of the president's focus on that and leadership in the effort by bringing democrats and republicans together to talk about a very contentious issue, one that's gone on for years. the debate has never ended in real solutions. we are trying to move it forward, whether immigration or a number of other issues. the president showing his leadership on that front. we will continue to look for ways to bring the country together. >> having been on the campaign of a political outsider, what advice to you give to oprah as an outsider? >> i'm not going to focus on anyone's campaign other than president trump's ree likes. if she decides to run, which i think the president doesn't feel

she will, i'm sure she will have help. i disagree her policies, is she a successful individual, absolutely. in terms of where she stands on a number of positions, i would find a lot of problems with that. but that would be something she would have to determine and lay out if she made a decision to run and when that campaign would look like. michael? >> can i ask a question about phase two of the immigration issue as the president laid it out today. once you get past the daca debate, and some of these other issues, senator lindsay graham seemed to lay on the table the idea of something that senators support, a comprehensive path to citizenship for all 11 million, 12 million people illegally in this country. the president seemed to respond let's do it, let's go for it, something along those lines. are we to take away that the president is firmly committed to a path to citizenship and to try and get to a path to citizenship

for all 11 million illegal imgrabts in the country -- immigrants in the country once phase two comes? >> our focus is on the four things i laid out. that's where our negotiation is and that's phase one. that's our focus and priority. we're certainly open to talking about a number of other issues when it comes to immigration. right now, this administration is focused on those four things. that negotiation. and not a lot else. zeke? >> overnight news came out that the north koreans will be sending a g delegation from south korea in the olympics. will this have any effect on americans in the game? >> let me start with the first thing. in terms of it doesn't affect the u.s. participation in the olympics. the north korean participation is an opportunity for the regime to see the value of ending its international isolation by denuclearizing.

we hope to move forward on that front but doesn't affect our participation. >> and the delegation? >> we do, that will happen probably in the coming coming days. we'll keep you certainly in the loop. [inaudible] >> as you know i can't comment on the specifics of any election. voicing support for a candidate in a race like that. >> is it appropriate for somebody to be pardoned of a crime to -- >> i'm not going to comment on that. >> just to take another stab at michael's question, can you help us understand the terms the president used, what is comprehensive immigration reform mean to this white house. >> our focus like i told michael is those four priorities. border security, ending chain migration, ending the visa lottery system, and coming up with a permanent solution to daca.

that's where we're focused and what we will be committed to during the negotiation process. >> but the president today seemed to say, okay, let's go on to comprehensive immigration reform this afternoon. >> once we get through this process, he said let's get this deal done and then take an hour off, then move on to the next faflz president negotiation -- phase of the negotiation. this administration is focused on making that deal done. then move forward. >> have you not decided what comprehensive immigration reform means to him? >> i won't negotiate with you from the podium. this is something that the leadership agreed to. primarily led by kevin mccarthy and the president in this meeting that this would be the focus coming out of today. let's get a deal this. then move forward and talk about other things. jessica? >> sara, on trade there's a meeting at the white house concerning the trade agenda for 2018. how much will trade and trade

action, particularly against china, be part of the trump administration this year? >> we're going to continue to push for making sure we have the best deals possible, certainly deals that pen great the american -- bl bej fit the american worker. well we'll guys aware. our position is to fight for and push for better trade deals in a benefit this country. >> north korea, if you can clarify on the delegation we're sending, is serj i back a going? >> i said that we would have the announcement in the coming days. that will whb we release the names of who is attending. >> thanks, sarah. pretty unusual for us in the press corps to have a front row seat to these kind of negotiations in the cabinet room. >> lucky you. >> whose decision was it to allow the press in to witness that entire negotiation and what was the goal of having us sit there and watch? >> to be clear you weren't there for the entire negotiation because the deal didn't take place until after you guys left.

but i think a number of individuals in the room felt it was good thing to let you see the cooperation and the conversation between both sides and see how we're working and leading to move the ball down the field and come up with real solutions. john? >> thank you, sarah. going back to the wall, last summer governor gracas, head of the mexican governor's association, said when the president started talking about a price tag on building the wall that meant he had given up on his idea of making mexico pay for it. now, in his remarks in tennessee and in his recent speeches, the president has talked about the cost of the wall and there's been no plengs, i'll use a standard phrase, and mexico will pay for it. has the president abandoned the idea of mexico paying for the wall. >> no, he hasn't.

phillip? >> on trade, between, on negotiations, will start end of january, in montreal. listening to the president in tnl yesterday, is he more hopeful, on scrapping the deal if he can't get everything he wants? >> the president, as we said many times before, wants to make sure that we have a deal that benefits america and american workers. and we're going to continue through that process. and make sure that whatever we do we get the best deal possible. >> is he a little more hopeful than he was six months ago? >> the president has always been hopeful we can get a better deal. that's why he ran for president, to make sure he's pushing an agenda that helps americans in particular american workers, and he's hoping to close a lot of those trade deficits and get riftd bad trade deals we have had in the past. owe livier? >> when the president declined to certain fie the iran nuclear deal. he said he needed action from

congress and american allies. has he seen enough of that action? is it possible there's enough progress on the legislative area that the president might be willing not to reimpose sanctions? >> we haven't made final decision on that and we certainly will in the coming days and make sure once again you guys are some of the first to know. peter? >> to be clear, why doesn't president drop the demand for a border wall and deal with the dreamers alone immediatery? >> you have to have a -- immediately? >> you have to have a full solution to the problem, make sure yes ee taking every step in border security and you want to make sure if you fix things on daca you don't create and sdpaser bait the problem and have to -- exacerbate the problem. the president wants to make sure we have a clean solution and that's what we're going to do. >> what do you say to a young man like 24-year-old jose con trers on from houston, 24 years old, waiting for congress to get

shipped to a country he doesn't know. >> as he said in the room, work together, i'm leading on this effort, bringing all of the members that need to be part of the conversation to the table and he said he was confident they would come together and get it done. that's what we're going to do. i'll keep moving, we ee short on time. go ahead. >> over the holidays the president had the members of the president's advisory council, desire does he want to see them refilled. >> we're looking at the different options and we'll keep you posted if we have an announcement on that front. >> is he going the add any stops to the davos trip, and is he going to address the group there. >> there aren't any plans for additional stops. we'll keep you posted on the details of the schedule. >> two questions for you. does the white house have any reaction to the 2e69 that was released today by senator feinstein's office today.

>> i haven't had any conversations with anybody specific to that front. >> followup on immigration meeting, is the president concerned the difference's that democrats and republicans have when it comes to defining fragss like border security? >> they have a lot of things that they agree on. and that's what we're going to focus on. again, i'm not going to negotiate with you. i have laid out the principles and priorities and the individuals in the meeting today what they agreed to narrow the scope to. that's what we'll continue to push for. jake? >> on border security we're hearing about immigration. how big of a role does drug trafficking play right now in vis-a-vis the president and congress? >> certainly it is a factor, one of the reasons that the president is very committed to border security. wants to stop the influx of drugs coming into the country. >> is it going to be more than just the wall? drugs are easily flung over a wall. >> border security is more than just the wall, correct. >> and about the report that

mueller is expecting to be sitting down with the president in the coming weeks, what do you have to tell us about that? >> the same thing that we've said many times before, that the white house is not going to comment on communications with a special counsel out of respect for the special counsel and its process but we'll continue to be in full cooperation with them. charlie? >> thank you, sarah. immigration critics believe that a daca deal by its very nature is considered amnesty. does the white house believe that is amnesty some. >> no, we believe that this is an important part of the process. and again one that we're committed to finding a solution for. steve? >> yes, sarah, has president trump been briefed by president moon on the negotiations that south koreans had with the north could koreans? what would this white house like to see as the next steps? >> i think certainly the next steps would be denuclearization of the korean peninsula is the number one priority and what we

would like to see. we are in contact with the south korean allies about these conversations. this president spoke with moon over the weekend. i don't believe they have spoken since then. but i know officials from our administration have been in touch with officials from south korean side. jim? >> just to be clear this, does the president want a wall in exchange for giving those dreamers protection? >> the president wants border security. >> okay. and -- >> just to be clear. >> what does border security entail, does it include the wall at this stage or could the wall wait until later? >> the wall is one of the pieces as well as technology. and another, a number of other things that have been laid out by the department of homeland security. i believe that secretary nielsen sfoek about that pretty extensively at the meeting today. in that portion, it was covered by you all. >> the wall has to be part of a

deal in order for the dreamers to have protection? >> border protection has to be part of the process. >> there's a difference -- >> why we want to secure our border, i do, the safety and security of this country are the president's number one responsibility. and his number one priority when it comes to anything that he does. absolutely. >> i understand how the wall can be different from border security -- >> no i sgloent it could mean agents, more fencing, doesn't necessarily mean a physical wall. >> that's part of the negotiation that we expect congress to of. >> you understand people saying they may not be in favor much this deal. >> if democrats aren't in favor of protecting american citizens, i think we have hit a sad day in american history. but i i. don't believe that to be the case. as many of them said as they sat around the table when everything several of you were in the room they are committed to border security, most of them voted for it previously before this legislation hit the floor. anything different -- >> they say thanks but no thanks

for the wall. >> i'm not going to negotiate with you, i'll let congress take care of it. andrew? >> back to the question of davos, how did this decision come about it, what influenced it? were there any parts of it, with the appearance last year, kind of seemed to take -- step into being left open by the u.s.? >> i think it's about the president once again welcoming the opportunity to talk about the america first agenda. and that's what his plan is to do. that's the main reason he's going there is to continue to promote and talk about that with the world leaders that will attend and some of the obviously leaders of the economy in this country. >> does the president have a set of principles and priorities for comprehensive immigration reform

or is that something he believes he should be flexible on? >> as i've said, i'm not going to negotiate with you, we're going to do that with congress. we have laid out what we want right now and we'll make announcements when we move beyond those four priorities we've laid out. one last question. >> the president said on saturday that robert mueller's investigation makes our country look foolish. he has expressed similar sentiment before. what does he mean about making the country look foolish? >> i think when we waste the amount of time that we have on something like this, that's been very clear from the beginning, that there is absolutely nothing to, if we want to look at places where there may be collusion i think our administration has outlined where we think any special counsel should be focused. it certainly isn't on this president or the president's campaign. thanks so much, guys. >> shepard: sarah sanders, white house headlines today. protect the dreamers and he'll sign it. build a wall in some places,

comprehensive immigration reformulater. work barrel politics, it's good, bring back earmarks. an extraordinary get together today, president trump and law makers from both parties in a rare cabinet room on-camera session. sarah sanders called the talks very successful. today's meeting with the bipartisan group of nearly two dozen lawmakers lasted close to an hour and covered a range of immigration issues, specifically border security, chain migration, visa lottery program, and the dreamers. president trump today called on lawmakers to put country before party. >> president trump: i feel having the democrats in with us is absolutely vital. because it should be a by tart san bill, interest should be a bill of love, truly, should be a bill of love, bipartisan. it also has to be a bill where we're able to secure our border. drugs are pouring into our country at a record pace. a lot of people are coming in

that we can't have. >> shepard: the president said he will sign daca, protection for the dreamers, hundreds of thousands of people who came into the country with their parents but no documents. this has been highly controversial. many conservatives have called it amnesty. but the president says congress should get it done and he'll sign it. he even suggested do daca and some border security, sign it into law, then start on comprehensive immigration reform in the next hour. mr. president is calling for an end to the visa lottery program and what critics call chain migration, letting immigrants already living in the united states sponsor relatives to come here as well. the president has changed his stance on a border wall. instead of a big beautiful wall with a big beautiful door, what he told voters over and over and over again, now he advocates for a wall in some areas, technology

and patrols in other areas. quoting, we don't need 2,000 mile wall. remember to department protection for dreamers, dak taca, there must be more border security, they're not calling it a wall any more, they call it border security. today the number two democrat in the house, congressman stenny hoyer of maryland, said both parties want better border security but disagree on how to go about it. . >> we need to take care of the daca kids. there are things are you proposing that will be very controversial and will be an impediment to agreement. >> president trump: but i'll negotiate them. >> shepard: president trump has given lawmakers until march to come up with a bill to protect the dreamers although that may have switched a little. comprehensive immigration reform, he said, can happen after. a new day. chief white house correspondent john roberts is live in the briefing room. things getting topsy-turvy. >> interesting to watch it unfold. an exercise in democracy that i

have not seen in any white house that i have covered. actually having cameras in there, not the entire meeting, but the bulk of it. the white house was quick to come out and say in the closed door sefgts meeting, after the pool cameras left, there was an agreement that was reached between the president, the senators on both sides of the aisle, and the members of congress on both sides of the aisle to take up immigration in a two-phase process. phase one being, find a fix for the dreamers that have heard action for childhood arivals that would also include border security and end to chain migration and toned the visa lottery. then fake up the idea of comprehensive immigration as phase two. interesting exchange as well, between senator lindsay graham who knows what it's like to tackle comprehensive immigration reform from the gang of eight years ago. saying we'd like to get this done but i'm going to get the crap beaten out of me, people talk about amnesty but we aren't going to bring a bill to the floor of the senate that you

aren't going to sign. listen to the cover that the president gave lindsay graham at that meeting. >> we could this properly, daca, you're not so far away from comprehensive immigration reform f you want to take it that further step i'll take the heat, i don't care, i don't care. i'll take all the heat you at one time give me. i'll take the heat off the democrats and the republicans. my whole life has been heat. >> the president saying i'm willing to take the heat for you, lindsay graham and members of congress, if you put a bill on my desk that everybody can agree with. the president got pushback from democrats on the idea of doing everything together which is not the way they're going to pursue it. they said there isn't time to do it, less than two months between now and march 5 when it has to be fixed for the dreamers. listen to senator dick durbin, co-chairman of the judiciary committee, whether you should do

dockca or include comprehensive immigration reform. suggesting to do both is too big a lift. listen here. >> we have a deadline looming and a lot of lives hanging. we can agree on some very fundamental and important things together on border security. on chain. on the future of diversity visas. comprehensive, though, i worked on it for six months. with michael bennett and a number of, bob menendez and schumer and cain and jeff lake. took us six months to put it together. we don't have six months for daca. >> after that, senator dianne feinstein came out and said, well, why don't we just do a clean daca bill which takes care of the dreamer problem, then we'll go border security and everything else as part of comprehensive immigration reform. the president initially seemed to suggest that he was open to that, saying that's what everybody is talking about. then the house majority leader, kevin mccarthy said no, no, no, wait a minute, we have to have border security as part of this. by the time the meeting came to

an end, shep, after again the closed door session where apparently the real negotiating took place, they came to an agreement, according to the white house, to tackle this in two phases. daca with border security and toned chain migration, and the lottery as phase one. then comprehensive immigration reform as phase two. i think there's probably disagreement over what phase one will entail. you'll probably get that difference if you talk to republic arnls and democrats. >> shepard: give it a minute. i was happy to find out the president will be able to beat oprah in 2020. does everyone get a car? >> they could use a few more here, god knows that motorcade isn't long enough. the president was asked about that. he seemed to think that despite all of the salivating by democrats and many members of the media, who have been covering it yesterday, that oprah probably isn't going to throw her hat in the ring for 2018. listen here. >> president trump: oprah would

be a lot of fun. i know her very well. i think one of her -- i did one of her last shows, donald trump, before politics, her last week. she had my family. i like oprah. i don't think she's going to run. >> as we said yesterday if it turned out to be a contest in 2020 between president donald trump and oprah winfrey that, would be one for the ages, shep. >> it would, indeed. >> shepard: thanks, john. the president today repeatedly called for congress to return to its system of earmarks. earmarks were the way congress for years got things done. here's how it worked. you're a member from the first the district of pennsylvania. you want to get a bridge built. so you go a colleague who's against the idea and tell her you'll vote for her pet project if she'll vote for yours. the pet project gets tacked on to the back of another bill and sails through. you scratch my back, i'll scratch your back. the people pay for it. republicans blamed exactly that system for runaway spending.

they called it pork barrel politics. john boner banned ear -- boehner banned ear marks. the president says bring earmarks back so congress can get something, anything, done. john busy, associate editor of the "wall street journal" with which shares common ownership with this network. >> fill the swamp. fill it up. the argument, if you want things to get done, ear marks with a way to do this. i've heard it from washington, people who play the game. they say it's the currency, the grease on the wheels, one way of being able to have something to trade to some one else for their support for legislation. the argument is that with that grease things get gone. >> shepard: what we saw today was extraordinary. having the cameras in there for the negotiation, whatever it was. it was great. but to suggest they have come

together on this dak daca and immigration reform for phasion is a stretch. >> it is a stretch. there's a lot more that has blg to be talked about. disaagreements between republicans and democrats on this. but this was a fascinating meeting. >> shepard: it was. >> it was. almost an hour of being able to see a president really sit as the manager of a meeting where there was a civil conversation about fundamental disagreements. if you want to change the discussion, if you want to move it away from talk about your mental stability, this is the way to do it. >> shepard: the president was compromising, he was in charge, conciliatory, he was charming, happy, he was inclusive. it was wonderful. >> yes. it is what americans kind of hope washington, it's the way that americans kind of hope that washington works, there is a meeting where you can voice your disagreements and you can begin

to sort of par tall toward some -- martial toward conclusion. there's no question this was a win for the president from a political theater standpoint, whether it fridays a policy standpoint we have to see. >> shepard: dianne feinstein and kevin mccarthy have not come together. now he's going to davos. america first. >> yeah. if you want to walk into the world of globalization, if you want to be an abider of it, and participate of it, no better place than the beganfest, the talking shop -- the gabfest, the talking shop of davos. this is a meeting of about 2,500 people, leaders of countries, leaders of business and talk about the issues around the world. going for decades. a fascinating sourcing opportunity for reporters. i've been there. but it is the heart of sort of the globalization thing. and that's another way of changing the story topic. changing the story narrative. shngs no president has been in 20 years.

>> right. >> shepard: going now. john, thank you. huge news out of washington on another front, has to do with fusion gps and the trump dossier, brand new, next. peoples the mayhem? does waiting around trying to protect your house from a lighting strike give me the same rush as being golfball-sized hail? of course not. but if you can stick to your new year's resolution, then i can stick to mine and be the best road flare i can... what? you couldn't even last two weeks? in that case, consider mayhem officially back. so get allstate. and be better protected in 2018 from mayhem. like me.

>> fox report and more of today's headlines. cops in washington state say they have arrested a gunman who shot and killed a sheriff's deputy. they say the deputy was responding to a home invasion on sunday south and east of tacoma,

chasing the suspect when the man shot him. another suspect found dead at the scene. investigators identifying the fallen deputy of daniel mccartney. risk of avalanche stranding 13,000 tourists at ski resort in switzerland. helicopters brought in to help rescue folks from the town at the base of the matterhorn. heavy snows closed ski slopes. it snowed in the sahara desert, meern foot falling on the sand dunes inial jeeria, the second time the area has seen snow in nearly four decades. a a a dusting last year. forecasters say a weather system brought cold air to north africa. the news continues after this.

today we're out here to test people's knowledge about type 2 diabetes. so you have type 2 diabetes? yes i do. true or false... type 2 diabetes more than doubles your chance of dying from a cardiovascular event, like a heart attack or a stroke. that can't be true, can it? actually, it is true. and with heart disease, your risk is even higher.

in fact, cardiovascular disease is the #1 cause of death for adults with type 2 diabetes and heart disease. but there is good news. jardiance is the only type 2 diabetes pill with a lifesaving cardiovascular benefit. jardiance is proven to both significantly reduce the chance of dying from a cardiovascular event in adults who have type 2 diabetes and heart disease and lower your a1c. that's good to know. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take

and if you have any medical conditions. isn't it time to talk to your doctor about jardiance? absolutely. ask your doctor about jardiance. and get to the heart of what matters. >> shepard: somebody inside president trump's campaign was talking to the fbi. that's according to the testimony from the co-founder have fusion gps. the firm behind so the-called trump dossier. we know about this because senator feinstein released glen simpson's testimony, saying the american people deserve the opportunity to read the entire transcript. now it's public. she is the top democrat on the judiciary committee. as for simple son, he testified before the committee in august. and he -- simpson. called on the panel to release his full testimony and accused republicans of leaking selected sections to the media. a lot in there and the fox business network's adam shapiro is working on it live.

hi, adam. >>le hey, shepard, pretty inkridible when you look at what's coming out from this 10 hours of testimony. let me get to it. it does mention? one within the trump campaign feeding the fbi information. quote, essentially what he told me, this is mr. simpson, was they had other intelligence about this matter from an internal trump campaign source and that they, my understanding was that they believed chris that, would be christopher steele, the man who wrote the dossier, the british intelligence officer, chris at this point, believed chris's information might be credible because they had other intelligence that indicated the same thing and one of those pieces of intelligence was a human source from inside the trump organization. shep? >> shepard: well, the substance of this transcript, though, what did we learn about the issue at hand? >> the issue at hand is fusion gps is, indeed, hired and

working with mr. steele a shocking revelation that mr. simpson did not want at one point to discuss, but apparently somebody they say was killed, perhaps a russian officer or some one, but some one was killed and they didn't want to reveal too much information about sources to put people in jeopardy. >> shepard: good enough, thank you. we will have much more on special report tonight with brett baaier. if the special counsel asked to interview president trump for the russia investigation, can the president refuse? as we reported yesterday, sources say the president's legal team is preparing for a possible request from the special counsel ront mueller. president trump has said he would be willing to sit down with robert mueller and repeatedly denied there was could loose between his campaign and russia. what if he decides he discuss doesn't want to answer questions? let's bring in the senior judicial analyst, judge napolitano.

if the grand jury wants to hear testimony, they get it, right? >> yes. if bob mueller requests the tonight sit down with him and the president doesn't want to he can decline it, just like any person can decline to speak to the fbi or a prosecutor. but if the grand jury subpoenas the president, as bill clinton was subpoenaed, that is a demand. the president those show up and take an oath. it's up to him and his lawyers whether he wants to answer questions. it is in secret. >> shepard: you can invoke the fifth amendment against self-incrimination, but that might be complicated. >> yes. what it seems like we're moving toward, and i'm just reading between the lines from the things the president's people have been saying, is a voluntary meeting between the president and his lawyers, and bob mueller and his fbi agents. not under oath but a conversation. that in my view, in the view of almost anybody that does this for a living, who focuses on the

relationship between the government and individuals, and the judicial or legal context, would be catastrophic for the president. >> shepard: wait. if you go speak with them but not under oath, if you get something wrong or you say something that is inaccurate or false, it's one kind of tling. but if you are -- one kind of thing. if you're une oath it's perjury and it's impeachable. >> except the penalty or lying and the penalty for perjuries the same. general flynn, two fbi agents, general flynn's version, showed up and said can we talk to you for a few minutes. during the course that he lied. he lied because he admitted he lied. in that admission he pleaded guilty to lietion. so walking in to this -- lying. walking into this environment, particularly a person who likes to talk, believes he's smarter than the other side but doesn't know the facts in the case or the evidence that the government has is walking into a very,

very, very dangerous situation. >> shepard: you say catastrophic. go on. >> if they want to trap him they will find a way to do so since they know the documents and the facts in the case far better than he does. there's a couple of rules of thumb that criminal defense lawyers follow. one of them is a funny one-liner, many, many years old. don't talk to a guy that owns a grand jury. because there are two grand juries here. bob mueller will get on decide which one. one in the suburbs, one in downtown d.c. he could bring evidence to either one, he can choose, president trump being deceptive during the proceedings, if they ask him questions and causes him to be deceptive, can be a basis for an indictment. very, very dangerous environment. not just for president trump but anybody who's in the government's crosshairs to sit down and speak with the government, cannot help the person in the crosshairs, it can only help the government. >> shepard: have you talked to

the president about this? >> no, no. >> shepard: just curious. all right, judge. >> all right, shech. >> shepard: how do you think it's going to go? the negotiation is not to get him out of the talking, it's to set the rules for the walk talking. >> my prediction is the president will overrule his lawyers and sit gun and speak with mueller, he probably believes he can talk mueller out of proceeding further. that in my view is an erroneous believe belief. >> shepard: will they be recording it? >> they will be making notes. that will be something to negotiate whether or not it's being recorded. when he's not under oath it's up to both sides whether or not it will be recorded. when he is under oath, if that happens, then everything would be recorded, if its knee front of a grand jury. >> shepard: the vote would be for recording. >> would i think so, yes. when bill clinton testified -- >> shepard: depends what the definition of "is" is. >> correct. we saw the back of the head of the interrogator and the president answering.

full grand jury there, everything was recorded and went badly for him. >> shepard: memorable. >> yes. >> shepard: thanks, judge. more coming, top of the hour headlines in a few minutes kachlt vut owe will step in eventually, a great kay.

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ready for a chance at 100% clear skin? ask your doctor about taltz today. and go to taltz.com to learn how to pay as little as $5 a month. >> shepard: after the president's big immigration meeting with lawmakers the senate majority leader mitch mcconnell says he still hopes to bring up the dreamers bill. the top democrat in the senate, chuck schumer, is pushing for immigration to be part of the spending bill. congress has ten days to avoid a government shutdown. let's turn to politico reporter eye san icenstat. are we at a different mace than before the meeting? >> it's heart to still because this meeting really seemed in large part about theatrics. trump wanted to push back against the news reports in recent days and months that he is engaged, questions about the

mental stability, that he's not working that much. he wanted to show he was in command. that was the purpose of today's meeting, was to sort of show he's able to relate, interact, deal with members of congress. it's hard to know how much further we are along right now. in part, this was really a lot about theatrics. >> shepard: a few things that were substantial. for instance, he will sign protection for dreamers. the president made that perfectly clear. he's like bring me a bill, i will sign it, i'm not going to mess around on this. he also, the big beautiful 2,000 mile long wall he talked about extensively, no more. some border wall here, some border wall there, some drone stuff. and he's moved on those matters. that's what they call compromise in washington. >> absolutely. it was interesting to hear him say sort of suggest that he would be open to a compromise, particularly after the campaign.

it seemed like he was, perhaps, he was perhaps moving on that issue a little bit. but he can't give up talking about the wall. no matter what. he just has to continue talking about it. largely for political reasons. the wall, and the -- >> shepard: it doesn't matter what he knows it's not going to happen, he has to talk about it because of politics, even if it's not true. >> correct. it's so important, symbolically. >> shepard: vomit. >> his base, what he talks about during the come pain. campaign. he has to talk about the wall. as you noted in the program, it's not exactly clear what the wall exactly means. >> shepard: border security, they made it clear, it means border security. >> it is amorphous. >> shepard: we have dianne feinstein still saying they want a clean daca bill. first protect the dreamers, hundreds of thousands who have been here living in the country since they were children, protect them. then work on the rest of it.

where the president seems, at first he said that was okay, but then after, you know, a notch on the shoulder from across the room, he said we have to get something done. we have to get some border protection done in the beginning then do comprehensive after that. >> right. and perhaps the president wasn't totally clear on what senator feinstein meant when she said clean daca bill. >> shepard: probably. >> it's hard to get it done by early march. it takes a while to get it done. immigration is such a complicated issue. it's hard to see all of what they talked about today in the meeting necessarily coming to fruition at the same time they're dealing of course with this short term spending issue. they have to get that figured out in the next couple of weeks. >> shepard: alex from politico from the politico brain hub, nice to see you. >> thank you. >> shepard: well here's another one that popped up out of nowhere. joe arpaio, cracking down on

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trump's closest and most controversial allies says he's running for u.s. senate.

the former maricopa, arizona sheriff joe arpaio announcing his bid to fill the state's open senate seat. the 85-year-old calls himself america's toughest sheriff. kept notoriously harsh conditions at phoenix area jail. critics say he racially profiled. one federal judge ruled his policing methods were illegal. supporters, including the president, say he kept arizona safe. trace gallagher with more on this. trace? >> shep, he threatened to run so many times. when he announced the candidacy, some thought he was kidding. he said he's serious, because and i'm quoting i'm sick of the smugness that's taken over the senate chamber and i'm fed up with career politicians, it's time for the senate to repair the confidence of the american people. the announcement comes five months after president trump fired arpaio, stemming from a

civil matter saying he racially profiled latinos. he was voted out of office in 2016. if he's elected, he would be 86 on the day he's sworn in, among the oldest freshmen senators. he said he wanted do it if he felt he couldn't put all of his energy into being elected. civil rights activists are slamming his senate run, saying he couldn't win re-election to the sheriff's office he held for decades and the democratic national committee chair saying he's one of the most notorious agents of bigotry. he spent his career tearing apart immigrant families, devastating latino families, and has no place in the senate. joe arpaio got the okay to run for senate from his wife of 60 years. >> shepard: trace gallagher, thank you. quick commercial break, a wards, "your world with neil cavuto." morning on the beach was so peaceful.

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because the volcanic soil is amazing. so we give farmers like win more plants. to grow more delicious coffee. which helps provide for win's family. all, for a smoother tasting cup of coffee. green mountain coffee roasters. >> i'm speechless and not just because i have a cold. we can get through the next hour. i'm speechless because of something i witnessed. as we were covering it live on fox business a couple of hours ago. nearly one hour straight, on camera, a cabinet meeting, featuring prominent democrats, prominent republicans, all gathered with the. united states, discussing some thorny and contentious issues. i am thinking of a certain best seller out right now. from an author named michael wolf, argued the president cannot stand, that he's a nut, can't think in better 107b minute increments. then i witnessed, well, this.