party going horribly wrong. jillian: two people? rob: not the biggest party in the world but a party nonetheless. jillian: on that note thank you for joining us this morning. todd: our own personal bachelorette party, "fox & friends" starts right now. >> stocks surged again with record highs across the board. seventh record close of 2018. >> trump administration announced the awards of the fake news awards. >> crashed when it tweeted out. >> simply brilliant. i have got to hand it to president trump and to everyone who compiled this list. >> president trump sticking to his guns on immigration amid the threat of a government shut down. >> there is no doubt in my mind there is going to be a deal. >> accord ing to "the washington post, the fbi shared information with the dossier creator. >> this just underscores the fbi was politically motivated to damage trump. >> place in the chronicle of

american legends by the time he was 21? i'm extremely honored to get this great honor. ♪ ♪ ♪ brian one of the good things about having stuart varney n the morning he picks the opening music. ainsley: do you know why we have him here? a little different than what we normally do. can you kiss the sky if you have a 401(k). because the numbers are almost hitting the clouds, arpghts they? >> we have a big win for america from apple and big win for all americans with the 401(k) with the stock market hitting 26,000 and staying there at the closing bell. brian: not just all about the stock market.

>> really big win for america we have got to announce it this morning is from apple. they are going to put $350 billion into the american economy in the next five years. they are going to lower tax rate. they are bringing back a ton of money from overseas. and that's a big police for america and for apple's workers. steve: sure. >> each of them gets 2500 bucks in a stock pope news. ainsley: what? >> build new campus. spend 10 billion in america on new data centers. and they are putting $38 billion into the united states treasury. how is that for a win? ainsley: great company to work for. my friends that worked for the company say it's wonderful. >> it's going to get better. steve: apple has close to quarter of a trillion dollars parked overseas. they are going to bring a bunch of that back, which is great. and one of the reasons why the president tweeted yesterday, given all the news about apple, he said i promise that my policies would allow companies like apple to bring massive

amounts of money back to the united states. great to see apple follow through as a result of tax cut. huge win for american workers and the u.s.a. now, he just mentioned the tax cut. was that a contributing factor in the ceo of apple, tim cook was asked about that yesterday and said this. >> without these policy changes, would you be able to announce today the creation of 20,000 new jobs? >> no. let me be clear, there are large parts of this that are results of the tax reform and there is large parts of this that we would have done in any situation. >> so it sounded like president trump's tax bill has been a huge windfall for apple? >> there are two parts of tax bill, right? there is a corporate piece and individual piece. i do believe the corporate tax side will result in job creation and a faster growing economy. brian: you know what? steve jobs talked about that with president obama you have to lower the corporate

tax rate' or i cannot bring any money back or nor can anybody else. took president trump to do it. the market grew 6.5% since presidenhe took office. even president obama knew it this president got it done. >> he got it done. much lower tax rate for next year for those companies with a lot of money overseas. now, apple is just the start. steve: right. >> there is $2.8 trillion of american corporate profit parked over there. but because we now have a much lower tax rate on it over here, it's coming back. a lot of it comes back. apple is just the start. steve: you know, it's interesting coming up in the next segment carley shimkus is going to talk about the president's fake news awards. the number one one was paul krugman at the "new york times" because the president said that paul krugman says the markets will never recover from president trump. that was the day he was elected and look how far we have come in a year.

>> yeah. he made a real mistake right there. he went out on a limb and really blew it look at that chart. those are dow milestones. thousand point milestones since the election. now we have gone from 18,000 to 26,000. that's financial history. ainsley: what does the president need to do if he is listening this morning to change the narrative? because, if you watch some other networks. if you throinch some democrats. they don't want you to know. this they don't want to talk about this. what does he need to do so can he get them on board and talking about how great this is for america? >> pump it up. get out there and tell the story. and contrast yourself to nancy pelosi. nancy pelosi says all these bonuses give backs and pass throughs are crumbs. that's all it is. you tell that to the people. there is now i think almost 2 million americans. more than that, who are getting a bonus. tell that to them that they are just getting crumbs. brian: companies already done this at different levels around the country

from small banks to big. >> by the way, look. of the president is going to pennsylvania today, making a speech. i am sure he will be purposing up the news of what apple has done and what others are l. do in the future. brian: you don't need a marketing plan for economic good news. everyone feels it. if home prices aren't going up. if my wages aren't. if i don't have competition for jobs. it doesn't matter what you tell me, it's all how people experience it. >> it matters what's in the media. the media is uniformly against this trump thing. they are against trump. they won't put up anything that's positive. brian: i don't know if it matters if my home is worth more and my job is increasing my wages. i don't really care what the media tells me. even though i'm part of it. let's move on to something else that matters so much. and that is the shut down the government within 24 hours. we find out that we cannot get a continuing resolution for a month. we'll have an idea by tomorrow if it doesn't get done. democrats say if i don't have a daca reform in there i will not sign off on it republicans say it's not

going to get in there they haven't even drafted it? >> i'm astonished that the democrats would shut down the united states of america on behalf of illegal immigrants. because that's what's going on here. they will shut it down because they can't get their way on illegals. brian: not necessarily true in the house. in the house republicans are refusing to sign. >> there is another side of the coin and you are quite right. i'm concentrating on the daca deal. if the democrats can't get the illegals to stay, they will shut down the government. ainsley: the question is do republicans have enough to kick the can down the road for the continuing resolution? this is john kelly. he is speaking last night on fox news. listen. >> i spent a fair amount of time on the hill today speaking to members of congress both sides of the aisle. and frankly both sides of the hill and it would seem that they have the votes to continue funding the military, take care of the child healthcare issue and perhaps some other things. so, as i understand it, they have the votes. and they are fairly

confident. steve: when you look at the whip total right now on capitol hill it, looks like they have got between 205 and 215. there is going to be a deal. john kelly is absolutely right according to the house republicans. they have got enough votes in the house. but then it goes to the senate. now, the sweetener for the senate is the house is including a six-year extension of the children's health insurance program chip. so it's going to be hard for the democrats to go out on a limb and say no to the kids for a one month deal knowing that they can do a daca deal in a month. >> look, i cover money. if there is a government shut down, it won't have much government impact if. will will will will will will democrat are shutting down the government i mean, look. traditionally you shut the government down. republicans get the blame. just maybe it will be the other way around this time.

maybe. rming. ainsley: polls in november. >> 11 months to figure it out. brian: democrats feel as though they are on a glide pat to taking back the house. we they put this at risk being blamed because people aren't going to forget what happened in january? overall this is an international embarrassment that we couldn't get this done if this happens. >> i think. so since when do we care what foreigners think? steve: stuart, you are our perfect person to be talking about the immigration bill with because you immigrated to the united states, you wound up with the dream card and been here for many, many years. >> and i'm a citizen. steve: absolutely a citizen. lindsey graham yesterday was able to present hits idea for that bill that he and dick durbin came up yesterday with the republicans. they could only get six votes. that's the same one that the president told reuters yesterday was a terrible bill. >> republican votes. steve: six republican votes added presumably to all the democrat votes.

>> as an immigrant, i don't see anything wrong with the following deal. build the wall, end chain migration, end the lottery. in return the dreamers stay. what's wrong with that? steve: that's the trump deal. >> nothing wrong with that at all. brian: they have to understand you can't do this without 60 votes. you have to convert 9 or 10 because senator joh john mccain is not here. >> you got to get democrats to get it through the senate. that's a tough job. brian: this president is supposed to be a dealmaker. maybe he can get it done. >> it sounded to me like general kelly was compromise ago little bit on the wall last night in the interview with bret baier getting wobbly on the ball. brian: say i don't need bring and mortar all the way through we can do different barriers. >> maybe that's a move toward compromise on the part of president trump. brian: have you ever tossed to jillian? >> you want me too? it's time we have the headlines of the day and here is jillian. jillian: hi. thank you, that was excellent job. was it not? let's get you caught up right now. we do have a fox news alert.

here is what is happening. a hero has died after being shot in the line of duty. 12-year veteran york county detective michael doty ambushed looking for domestic violence suspect in south carolina. people who knew him say he gave over 100 percent to his job. doty's brother is also on the force. three sergeants shot in the ambush. they are expected to be okay. the suspect christian mccaul will likely be charged with murder. he faces attempted murder right now. also breaking, hawaiian officials waited more than 20 minutes before telling the feds about the phony ballistic missile alert. fema says they tried to get approval to issue a correction even though it wasn't required. that confusion happening as terrified locals and terroristandtourists goodbye. should be in charge about notifying the public about these kind of events. the parents accused of torturing and starving 13 children set to be in court today it comes just hours after we are learning the house listed as a private

school was actually never inspected that's required by law. the father, david turpin claiming to be the principal. why authorities in paris county, california had no idea the kids were allegedly abusing their kids for years. former republican senator and presidential candidate bob dole receiving the congressional gold medal. congressst highest civilian honor. >> i'm extremely honored to accept this great honor and i thank you for presenting it to me. jillian: house speaker paul ryan presenting the press tinge just award given to the world war 28 veteran. is he wheelchair bowngsd but stood proudly by side president trump and vice president mike pence as the national anthem played. a look at your headlines. steve: he is a great

american. coming up on this thursday, maxine waters may not want to attend the president's state of the union address in 10 days. this army vet does. you met him yesterday on "fox & friends." this morning he is back with some incredible good news. ainsley: most anticipated awards show of the season. >> it's all fake news. it's phony stuff. it didn't happen. >> fake news. >> fake news. [laughter] ainsley: carley shimkus is here with the fake news awards that broke the internet. steve: the envelope, please. ♪ ♪ you might take something for your heart... or joints. but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement

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ask your doctor about opdivo. thank you to all involved in opdivo clinical trials. you might be missing to ssomething.y... your eyes. that's why there's ocuvite. ocuvite helps replenish nutrients your eyes can lose as you age. it has lutein, zeaxanthin, and omega-3. ocuvite. be good to your eyes. ainsley: have you heard this before, president trump calling out the fake news mainstream media. >> it's all fake news. it's phony stuff. it didn't happen. >> fake news. >> fake news. [laughter] steve: from fake news to break news because it broke the internet when the fake news awards were released. brian: here are the winners now and i'm tingling carley

shimkus sirius 115. we couldn't get it right away because the g.o.p. web site was down. >> would it be an actual award show. after he tweeted out a link to the award show winners it crashed the g.o.p.gov web site. so many people were flooding into that web site. they wanted to see hot winners were. we have the list just in case you missed it last night. do you remember the coy fish story? president trump received a lot of flack for. steve: in japan. >> dumping the whole box. >> video appeared to show the president overfeeding the coy fish it turns out he was just following the japanese prime minister's lead. so that was named as one of the winners or losers. brian: i forgot that. >> can't forget the coy fish though. luckily no coy fish were hurt in the making of that footage. another one we expected to be listed brian ross of abc for this now false report

about russia and michael flynn, take a listen. >> is he prepared to testify that president trump, as a candidate donald trump ordered him directly to make contact with the russians which contradicts everything that donald trump has said at this point. carley: that of course turned out not to be true. he apologized for that error. the first person to be named though, the "new york times." steve: number one. carley: brian krugman. steve: paul krugman. brian: keep me out of this. carley: i guess i just made up fake news of my own for saying that the economy, the markets would never recover from president trump's victory, of course. we know that's not true. stocks are surging. steve: never been higher there weren't just three there were a dozen overall. carley: there were 11 stories. he also said the russian collusion story is the greatest hoax of all time. ainsley: web site is up and running if folks apt home want to check out the whole

list. carley: no fashion. no monologue. funny monologue, so those things were lacking. i kind of miss those things but it also wasn't three hours long. brian: here is hoping there is nothing for next year's awards show. we have you back for something else next year. carley: hopefully. i will be waiting. steve: thanks, carley. carley: appreciate it. brian: border agent beaten to death at the hands of illegal immigrants. two months later still no answers. we sent our own griff jenkins to texas, to the border. what did he find? he is live next. steve: and he grew up on the jersey shore. now he is fighting for isis. the shocking confession from his mother coming up next. ♪ goodbye to you ♪ goodbye to you ♪ goodbye to you ♪ get ready for centrum micro-workouts. the bottle curl. the twist n' turn. the stretch n' grab.

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brian: quick head lines right now. the suspected terrorist accused of killing 8 innocent people hoping to save its own life. -- whatever, if you have your terrorist trading cards you know what i'm talking about told authorities isis inspired him to mow down a crowd on a new york city bike path. his lawyers hoping to strike a deal taking the death penalty off the table in exchange for life in prison. and, a mother now admits her son left new jersey to join isis overseas. that according to court documents. 25-year-old zefly oh traveled to become a senior commanders. urging lone wolf attacks in the u.s. ainsley: just another reasonable not to use their names. brian: right. ainsley: there is still a mystery surrounding the

death of that man right there border patrol agent. steve: only witness was another agent almost killed himself and does not remember what happened. brian: griff jenkins went down to the southern border to do some digging to see if he could get answers. he is in el paso now. hey, griff. >> hey, good morning, guys. that's right i'm in el paso across mexico juarez one of the most dangerous border crossings in the nation. 120 miles southeast of here, just outside of town of vanhorn, two months ago to this day, agent martinez suffered very bad injuries. he succumbed to those injuries. his partner, steven garr land also injured but survived. we went back with the national border patrol council president brandon judd to find out what happened. >> martinez would have been assigned to come out and check these culverts. so he would have walked down here and would have come to this road right here. as you can see this is very fine dirt it leaves very

distinct footprints. >> so he is looking for something like this. >> yes. >> does he find anything? >> it's my understanding that he did find some footprints. at that point he would have radioed in to his nearest backup and let them know. and we know now that the person that responded was agency steven garland. griff: just so our viewers are clear, agent martinez is by himself. >> the problem with that and being as dark as it was that night, the smugglers have the advantage on him because they know exactly where he's at but he doesn't know where they are at. the smugglers would have most likely come up to one of these tunnels and crossed underneath the interstate. griff: how often does that happen? >> in this area i would say we are seeing this once every two days. griff: once every two days? >> yeah. griff: so when agent martinez rolls up on a group that he believes is in this tunnel, it's likely he is

aware at this point this is likely a group of possible drug smugglers as to, say, just people crossing the border? >> yes. griff: okay. so now you believe that agent martinez would have come across the highway and possibly down here? >> yes. griff: tell me what you think happened next. >> is he going to come and look for any dirt area where he can pick up what we call the sign again, the footprint. imagine that you have got your flashlight, you're cop sen trading, trying to find these footprints nut ground. you are very, very vulnerable to anything that might be around you where somebody could be hiding based upon the injuries that agent martinez sustained, we believe that as he was looking for these footprints, this group of drug smugglers attacked him and ambushed him and he succumbed to his injuries which were who are risk injuries. it looks like he was literally beaten to death.

griff: a local sheriff here in the county had said well, he thought, one of these trucks as we hear going by, a truck might have sideswiped the agent. >> these trucks are going 70 to 80 miles per hour on this interstate. had a truck hit the agent. the agent's gear would have flown all over the place. it wouldn't be consistent witwith the evidence we have. that's only 8 feet approximately 8 inches. that's not a large fall, especially for the injuries that he sustained. the other thing that we have to remember and the theory that this could have been an accident, the fbi has been investigating this for two months. the fbi doesn't investigate accidents. the fact that they continue to retain jurisdiction in this matter clearly shows that they believe that this was an attack on federal law enforcement agents and therefore it was a murder. griff: we spoke with the fbi, guys, and they said they cannot comment on this

because the investigation is ongoing. they are offering a $50,000 reward for information for resolution to this case. it's still classified, according to the fbi as potential assault on a federal officer. guys? ainsley: griff, i'm so glad you went down there to report on this story so he is not forgotten. thank you so much. steve: we just need the answers. speaking of our southern border. earlier we were talking about whether or not there would be a government shut down tomorrow it looks like the democrats are holding things up because they want a daca deal. of course, the president wants a wall and in the last 10 minutes he has sent out two tweets. ainsley: he says the wall is the wall. it has never changed or evolved from the first day i conceived of it parts will be of necessity. see through and it was never intended to be built in areas where there is natural protection such as mountains, waste land or tough rivers or water. steve: then he followed up with this tweet. ainsley: the wall will be paid for directly or indirectly or through longer

term reimbursement by mexico, which has ridiculous $71 billion trade surplus with the u.s. the 20 billion-dollar wall is peanuts compared to what mexico makes from the u.s. nafta is a bad joke. steve: so the wall will be built and mexico one way or another will wind up pay fog it. brian: the president referring what we were just discussing plus the "new york times" does not tell the complete story it says trump was not fully informed on the 2016 on the wall. he did say the entire border. but upon further review there are areas in which you need to see through it. there are areas in which it's a natural barrier, of course. but they love the term was not fully informed. so i think that message was not getting out and i thought that he straightened it out yesterday with bret baier. ainsley: kirstjen nielsen strained it out too. brian: there are areas are a

physical wall. that's why he wants $28 billion to get it done. lindsey graham and dick durbin want to give 1.8. that's not enough. if there is something in between that will get us going until the next budget? steve: the "new york times" may have printed that but by the virtue of the fact that the president of the united states just sent it out on social media more people will see it on social media than read the "new york times." ainsley: coming up, imagine being on this plane. [shouting] grab your ankles, keep your heads down. ainsley: oh my word. the moment those people thought they were going down and it cass caught on camera. brian: maxine waters may not want to attend president trump's state of the union address. this army veteran does. you met him yesterday on "fox & friends." this morning is he back with congressman sean duffy and they have some big news ♪ a beautiful day

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ainsley: are you looking for the news right in your email? wait no longer, sign up for fox news first, the day's most important stories delivered straight to your inbox, everything from politics to national security, to breaking news and opinion. steve: all you have to do is go to foxnews.com, it's fair and balanced reporting that you won't get anywhere else. brian: it's great for us because it will come to our email box before our show or else we would have nothing to say. steve: you are saying why just read off our parts? brian: that's how great this is. steve: you know what? there is something not on it yet because it's happening right now. brian: that was my cue to speak. i have seen this show before. with maxine waters skipping the state of the union address. army vet ricky taylor took to twitter asking for her seat. he joined us yesterday on "fox & friends" after outpouring of support. >> i have gotten so much support from, you know, all

the conservatives out there on twitter, you know, just saying i hope you get to see. i hope to help. ainsley: help it did. taylor will now be attending the state of the union as the guest of congressman sean duffy. here to join us now congressman sean duffy and ricky taylor. good morning to both of you i didn't. >> hey, good morning. >> good morning. ainsley: how did it all happen? >> so i watched the show yesterday morning and my state of the union ticket usually goes to my rachel who joins you sometimes on the couch. she saw the show and said wouldn't it be great to give ticket to ricky. it's outrageous maxine waters isn't going to go to the state of the union. once i won my race to congress. oh my god i get to go to the state of the union it is such an amazing honor to go. i was going to go listen to barack obama. i didn't agree with his policies but i thought what a great american experience to be sitting in that chamber and listening to the president address the country. i saw that same segment from ricky and so did rachel and

we thought well let's see if he wants to go and offer him a ticket. steve: you did. rickey, when you put out the word about maxine waters, i know you haven't heard back from her, you wouldn't actually be able to sit in her chair down where the congressman and senators sit but you could have had her guest ticket. and why do you think she hasn't responded to you yet? >> well, honestly, i mean, i don't think i really fit maxine's narrative. i'm black latino veteran and, you know, she wants to portray donald trump supporters as, you know, middle aged white men that, you know, live in trailers and have confederate flags sticking out. i don't think it fit her narrative. i pretty much knew i wouldn't get a response from her. brian: it's going to be pretty cool sitting next to congressman duffy. i don't know if you can sense he is a lot of fun. does that make the excitement even more?

>> i'm really excited. i just got to talk to him for a little bit out there and he seems like a really good guy. >> is he a great guy. [laughter] >> so i'm really excited to do it. >> i'm going to take ricky out to dinner before if he is willing we have a little time for the event. it's going to be so cool. so many people are falling in. we will share time together and go to the state of the union and it's really cool. ainsley: congressman so, sweet you are doing. this i know the folks in your area love this. all americans do. rickey, do you ever plan to run for office? >> oh, i don't know about that. [laughter] i mean, i never really thought about it. ainsley: can you get your own seat every year. >> exactly. i'm just, you know, i'm just a trump supporter and i just try to really get the word out that he has a lot of supporters out there and it's just not getting a lot of coverage. serves just doing my part as any other veteran or person does, you know. steve: rickey, why is it, ricky, you support the president? >> i support the president

because, you know, i think after barack obama, i think a lot of people in this country really wanted something different. they wanted, you know, they didn't want a politician. they didn't want somebody that was going to be a smooth talker and just, you know, say what you want to hear but do something different. and, you know, i wanted -- i really adhere to his policies on immigration, what his ideas were for the economy. a lot of it just struck a cord with me. he is really coming through with that. ainsley: what's interesting to me you did two tours in afghanistan and served our country for 10 years. our congress men and women are boycotting to go to the white house when you are fighting all for our country and fighting overseas unbelievable. steve: congressman, if there is a government shut down, there won't be a state of the union. is there going to be one? >> listen, we will still have a state of the union. there is not going to be a government shut down. the democrats will be forced to vote for a chip bill insurance for kids.

health insurance for kids. and i think republicans we don't have all the votes quite yet, you guys. we want to bring the vote up today on short-term extension but i think we are pretty close and i think we will get republicans and the house to stand together and pop that bill over to the senate and put some pressure on senate democrats to say, you know, yes to keep the government open or do they want to shut it down and take health insurance away from kids all on behalf of illegal immigrants. i don't think they will do that. brian: you only need 9. regardless you are taking ricky to dinner. >> brian if i look tired you gave me your book on friday the miracle of new orleans. i stayed up last night and finished it. man, your book is awesome. it's a page turner bringing history to life. awesome read. thanks for bringing me the book. i was up until midnight last night finishing it. brian: thanks, congressman. being that you have 22 kids that's saying a lot. >> i give ricky your book. >> thank you, guys.

ainsley: that's the real reason rachel has to stay home. [laughter] steve: now 19 minutes before the top of the hour. jillian: they look fun to hang out with. good morning to you guys. good morning at home. get you caught up on your news. stuarting with this u in just hours from now, house investigators are expected to question jim are a vicky on the private email server. director to christopher wray is expected to testify with both the house oversight and judiciary committee. this comes after private text messages between top fbi investigators revealed possible anti-trump bias in the clinton email probe. the deadly flu virus potentially taking another young life. 12-year-old michael messenger of michigan passing away days after showing flu like symptoms and nearly a month after receiving the vaccine. his heart broken mother still in disbelief. >> i just feel like did everything wrong though. >> why? >> the guilt because i'm a mom. i'm supposed to protect my

kids and i couldn't. i couldn't protect him. ainsley: michael's family is waiting on autopsy report to determine his exact cause of death. terrifying moments on board a flight when passengers are told to duck for cover and brace for landing. >> grab your ankles: teach your heads down. ainsley: flight attendants making the announcement moments before touching down in dallas. some people were doing the sign of the cross as smoke came from the cockpit it turned out to be from a broken fan. no one was hurt. that's a look at your headlines though. guys, when you experience something like that, i can't imagine, that must be so frightening. steve: no kidding. hard to pull over. brian: i can't imagine grabbing your ankles would save you ains. brian: weird time to stretch out your ham strings. ainsley: lots of prayers u. steve: coming up on this thursday, mercedes schlapp on that looming government shut down what she predicts

will happen next. ainsley: plus congress is expected to vote on controversial spy program today and the judge is happy about it. [laughter] ♪ private eyes ♪ they're watching you ♪ private eyes ♪ they're watching you ♪ watching you ♪ watching you ♪ watching you ♪ there are two types of people in the world. those who fear the future... and those who embrace it. the future is for the unafraid. ♪ all because of you ♪ ♪

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steve: we have extreme weather on this thursday. multiple crashes across states leaving drivers stranded for hours. even dale earhardt jr. skidded off a road and hit a tree minutes after helping a couple out of a ditch. bitter cold isn't over yet. senior meteorologist janice dean tracking it all. j.d.? janice: steve, look at this, snow in all 50 states

including north florida that doesn't happen very often. that's incredible map right there. looking at the 24 hour temperature change good news is warm air is coming relatively warm air. still have warm air across the east coast. things are going to start to trend upward in the next couple of days. current temperatures really cold as far as south as the gulf coast. many of the deep south states. there your wind chills what it feels like if you are go outside. one in cleveland. minus one in atlanta. they got snow yesterday as well. past 12 hours storm system brought that southern snow is moving offshore into the atlantic that's the good news and along with that cold air as well. we will say goodbye to that and next storm system moving into the west that will bring more rain, heavy snow and wind for much of the west coast except southern california which is obviously a good news story because the burn areas are really prone to flooding. look at the next seven days. i mean, incredible amounts of snow and rain across the coast. that one is going to move

towards the central u.s. by the time it gets here on monday it will be too warm it will be a rain event. we will keep you posted. all right, brian, back downstairs with you and the judge. brian: all right. thanks a lot. meanwhile 13 minutes before the top of the hour today senate lawmakers set to vote on whether to renew the nsa's controversial fisa program. the measure passed in the house last week. but our next guest says it may not be a win for americans if it does pass. warning, it puts the constitutional privacy rights of every american at risk. here to explain as he has since the day it passed, fox news senior judicial analyst judge andrew napolitano. judge, first off, on the x's and o's of this, is it going to pass the senate? >> yes, it will pass the senate because the filibuster has been cut off 60 in favor of cutting it off. 38 in favor of continuing it. i think we can presume that the overwhelming majority, if not all of those 60 will vote in favor of this. and this is bipartisan as upset i am about this there are republicans and democrats on both sides u

brian the president has tweeted out he is concerned about the rampant unmavericking of unmasking for international crisis or a cause. have we addressed the problem of the smant powers massive unmasking, the unmasking of michael flynn. >> in the old days, this intelligence which consisted of a digital copy of phone calls and actual copy of texts and emails didn't have who sent it and who received it. when that is added to it, that's called unmasking. this will not solve the problem of unmasking and who has said that? congressman devin nunes. who he is? chairman of the house committee on intelligence. we put this raw intelligence in the hands of people who are unworthy of it because they will pass it on to others for political purposes. the use of raw intelligence data for political purpose also undermine our democracy. the fact that the nsa can

now spy on everyone and then sell the raw data to law enforcement, local, state, or federal, will destroy the right to privacy. if we're going to do that and i don't think we should, we have to know that we can trust the people in whose hands we put this data. brian: can you legislate integrity clearly the answer to that is no. >> the answer to that is no. >> other problem so much data information overload. it's too much to go through because it's everything about everybody. brian: there will be a vote today and won't be -- >> i'm going to be there one last. i don't think can i stand it. i'm going to do the bret baier "special report" tonight. but i will be on capitol hill u. brian: first class judge amtrak. love the idea of oprah running for president. >> get out. >> i have one word, one name and it's open pranchts that was the voice of a leader. >> at this point wouldn't the president be a demotion for oprah. i feel like it would. brian: turns out most

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[burke] abstract accident. seen ♪ video-it. covered it.c we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ >> bret: stocks surged against with record highs across the board. seventh record close of 2018. >> announced the winners of the hotly anticipated fake news award. >> cracked when the president tweeted out this is here. >> simply brilliant. i have got to hand it to president trump and to everyone who compiled this list. >> president trump sticking to his guns on immigration amid the threat of a government shut down. >> there is no doubt in my mind there is going to be a deal. >> accord ing to "the washington post. the fbi shared information with the dossier creator. >> this just underscores the fbi was politically motivated to damage trump. >> bob earned his place in the chronicle of american legends by the time he was

21. >> i'm extremely honored to get this great honor. ♪ ♪ ♪ this is how we do, yeah ♪ we do it like that ♪ this is how we do ♪ do, do, do. ♪ this is how we do ♪ this is how we do, yeah steve: this is how we do it. this is how we open the show at the top of every hour. welcome aboard. the world's number one cable news show. ainsley: if you opened up your mail recently and got the stalls of what your 401(k) is, right? looking pretty good. what's the cover of the "new york post." steve: glad you asked, ka-do ka-dow. it finished above 26,000. and as you can see right there, screen left, there is an apple.

and apple has big news. apparently what they are going to do is going to create 20,000 new jobs in the united states. they're going to build a brand new campus not in california or texas. they already have campuses there. employees get $2,500 stock bonuses. and they are are going to pay $38 billion in taxes to repatriate. right now they got close to close to quarter trillion dollars overseas. they will put a bunch of that money back and put it to work in the united states. brian: the hope is people look at apple as a leader in this country. one of the greatest success stories in this country. if apple can do it, i should take the risk and do it. because they look for that as a sound investment. on the dow, listen to this. they have grown 1% every two days. the market got past us went 1,000 points and fastest sprint in the history of the dow jones industrials. in terms of repelling the economy, it has grown 42.5% since president trump has

won the election. so, this is all leading to a feeling of optimism in this country. but the real hope was with the tax reform, other companies are going to say with the corporate tax cut, i'm going to not hoard it, i'm going to spread the wealth around. and that's what they're doing. ainsley: yep, of the president is going to be speaking in pennsylvania today talking about the economy. he just tweeted. he said that i promise that my policies would allow companies like apple to bring massive amounts of money back to the united states. great to see apple follow through as a result of tax cuts. huge win for american workers and the u.s.a. brian: i'm going to add a little bit of politics to this if i can. the other story is how 15 democrats are lining up now to run for president. all of them are to the left of the middle. severely. and they are meeting with different experts to find out who has the best chance and how do i form the best team? my goodness jamie diamond the democrat gave you a clue for a democrat candidate. you have to be centrist pro-business fundamentally

in order to resonate with the american people who like the idea of economic growth. running to the left won't do nothing except get other people to join you on the left. it's not going to get you into the white house. steve: i will tell you what, donald trump is doing what he said he was going to do. he was going to try to make america great again. you look at the stock market. you look at some of the policies that he has put forward, a lot of people are saying this is the right track. tim cook, the guy who runs apple was asked yesterday whether or not this particular tax cut is the reason apple is doing all of this. and here is what he told another network. >> without these policy changes, would you be able to announce today the creation of 20,000 new jobs? >> no. there are clearly -- let me be clear, there are large parts of this that are results of the tax reform. and there is large parts of this that we would have done in any situation. >> so it sounded like president trump's tax bill has been a huge windfall for apple? >> there are two parts of

tax bill, flight there is corporate piece and individual piece. i do believe the corporate tax side will result in job creation and a faster growing economy. brian: not easy for tim cook to say that because silicone valley for the most part is anti-republican, anti-g.o.p. he has to give credit where credit is due because is he responding to something. steve: for years apple has been criticized where do they build everything? in china. they have all that money parked overseas. you can understand why they do because our tax policies have been so onerous to businesses. but, with this repatriatation, it brings the tax rate down to 15.5% one time only apple is jumping at it. ainsley: the president not a politician, sea businessman. many people went to the polls because they wanted to seat economy look really good and do well. so nancy pelosi, when asked about what this tax cut was going to do to your pocketbook, she called it crumbs. she called all these bonuses crumbs. listen to this. >> in terms of the bonus

that corporate america received versus the crumbs that they are giving to workers to kind of put the schmooze on is so pathetic. it's so pathetic. ainsley: not crumbs when you are talking about a family that's trying to put food on their table, they're in debt and the president -- through the president's plan apple is giving their employees $2,500. that's a lot of money. brian: in stock, yeah. steve: that's a lot of crumb. ainsley: a lot of these bonuses are $1,000. that can help you whittle down your debt. steve: you put the crumbs together and you wind up with dough. a lot of dough. ainsley: we're not talking about doughnut dough either. we are talking about real dough. green in your pocket. brian: stuart varney joined us earlier to talk about your money. >> really big win for america is apple. they aring going to put $350 billion in the american

economy in the next five years. they have a lower tax rate. they are bringing back a ton of money from overseas. steve: right. >> that's a big plus for america. and for apple's workers. steve: sure. >> each of them get $2,500 in a stock bonus. ainsley: what? >> they are going to build a new campus. they will spend 10 billion in america on new data centers. and they are putting $38 billion into the united states treasury. how is that for a win? ainsley: that's not crumbs to me. it's not. brian: hundreds of other companies that joined in as i mentioned i was out when i was doing that -- i had an event before i did the diners, the diner in virginia, cedar stone bank is a small community bank. ainsley: in nashville, right? >> yeah, they are hiring more people and hiring more people and giving $2,000 bonuses to everyone. that's a community bank that doesn't call up, you know, the major news services of the a.p. and say i have news for you. how many other community banks are doing that along with addressing dodd frank and how it's unintentionally

strangled. ainsley: we have been reporting on huge corporations but you are saying there are little companies doing it too. brian: that are never going to make the a.p. report. steve: something that is making the a.p. report is the fact there could be a government shut down tomorrow night at midnight there are a number of republicans who say you know what? we just don't want to vote for this continuing resolution that's going to i can can the can down capitol hill for one month. the military is not getting the money they need. so we might be nos. we did talk briefly to sean duffy about a half an hour ago. he was with that vet. they think they are really close to having enough votes to pass it through the house. john kelly, chief of staff, said this about a shut down. >> i spent a fair amount of time on the hill today speaking to members of congress both sides of the aisle, and frankly both sides of the hill and it would seem that they have the votes to continue funding the military, take care of the child healthcare issue. and perhaps some other

things. so, as i understand it, they have the votes and they are fairly confident. steve: one of the things the house freedom caucus wants if they want the three dozen votes from them. they want the house leadership to bring up bob goodlatte's immigration deal. what that does is gives $20 billion to the wall. gets rid of chain migration, diversity lottery program, and also does something with daca. the republicans in the house freedom caucus might say yes if they have a vote between now and then on the. brian: i think that's a wise things, because it will pass the house. steve: maybe. brian: put bob goodlatte's plan out and pass the house and give it to the senate. senator lindsey graham says you have to get democrat votes. at least you have something to work on and compromise with. that's how to move it forward. it's not going to happen before tomorrow. steve: here's the other thing to make it a sweet deal for it to pass in the senate, what the republicans

are doing is they are putting a six-year extension of the children's health insurance program in it. and it would be hard for democrats in the senate because they are going to need about half a dozen of them to come over to the republican side. it would be hard for them to say no. ainsley: government is probably not going to shut down. there is a continuing resolution. kick kick the can down the road a few more weeks. brian: great for the government not to shut down in my mind. i also think it's terrible for the military who just can't plan. they can't format unless they would go ahead and agree on a budget. and for some reason, this is the third or fourth time we are doing. this no one does anything in the interim until they get in the deadline. ainsley: they get paid on the first and 15th. they have a few more weeks. if there is the cr at least it's not going to effect the military until february 1st. brian: i was reali talking about the paychecks. you are right. if they don't get paid it's a problem. i was talking about building more aircraft carriers, we are doing missile defense.

ainsley: republicans really want that. steve: republicans want more spent on military. democrats want more on social programming. more on that in a little while. it's 7:11 in new york city and more on headlines. brian: someone not shy on spending. jillian: let's get you caught up on this it is a heart breaking story. a hero has died after being shot in the line of duty. 12-year veteran york county detective michael doty ambushed looking for domestic violence suspect in south carolina. people who knew him say he gave over 100 percent to his job. doty's twin brother is also on the force. three sergeants shot in the ambush, clinton, brown and cummings are expected to be okay. the suspect christian mccaul will likely be charged with murder. he faces attempted murder right now. the trump administration working to protect the religious and moral freedoms of health workers. today, the health and human services department will announce the creation of the conscious and religious freedom division. it offers job protection for

workers who refuse to perform abortions or other procedures that clash with their beliefs. it will also punish companies that do not comply. president trump will make history tomorrow by becoming the first sitting president to address the march for life event live via satellite video. the annual rally in washington protests the roe vs. wade decision which dismissed many restrictions on abortions in the u.s. the president will speak directly to marchers from the white house rose garden. vice president pence will hold a reception for pro-life supporters and leaders today. a little girl showing off her patriotism climbing the very top of a tree to save an american flag. ashley reardon noticing the flag tangled and stuck at a park in massachusetts so without thinking twice she made her way up to remove it her middle school's principal sharing the moment saying ashley is a student who is devoted to her country and american values. guys? steve: now that's a flag salute. ainsley: that is great. all right. thanks, jillian. brian: deal or no deal?

mercedes schlapp joins us as the countdown creeps closer to a government shut down. and, if it happens, who is to blame? ainsley: plus the trump administration considering criminal charges against city council and this lawmaker says bring it on ♪ i fought the law ♪ and the law won ♪ it's absolute confidence in 30,000 precision parts. or it isn't. it's inspected by mercedes-benz factory-trained technicians. or it isn't. it's backed by an unlimited mileage warranty, or it isn't. for those who never settle, it's either mercedes-benz certified pre-owned, or it isn't. the mercedes-benz certified pre-owned sales event. now through february 28th. only at your authorized mercedes-benz dealer. which means everyone has access

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♪ ♪ steve: well, the clock is ticking to avoid a government shut down at midnight tomorrow. will congress be able to do its job and come to some sort of agreement. here to weigh in is senior advisor for communications and assistant to the president of the united states mercedes schlapp on the north lawn. good morning to you mercedes. >> good morning. steve: so what's going to happen? >> well, i don't think the government is going to shut down. i think the president is making it very clear that this is not what we want. obviously, i think that it's very important to know the democrats shouldn't play shut down politics it's very harmful. harmful for national security and especially funding for our troops. it's very clear that speaker nancy pelosi is playing this game, republicans and the

president, they have come in with a fair deal of saying, look, you wanted a long-term reauthorization on the chip program, let's work together to ensure that we can pass this short-term spending bill. and i think that's where we're hopeful that we are going to get to. >> well, you know, it is a sweetener of the deal to have the chip in this particular thing from the republicans but at the same time, mercedes, you know that the democrats feel that with this daca deal, and they would like daca in this and they would like to have a solution by tomorrow. they feel like they have maximum leverage. and so they are going to strike while the iron is hot. >> i think that's very unfortunate if that's the posturing that the democrats want to take. obviously, the president and his team in good faith are willing to work on a daca deal. it's why the president brought in members from both the house and the senate, republicans and democrats. and what he asked for specifically was a bicameral, bipartisan fame work. that's obviously not what he got when senator durbin and senator graham came to the white house.

i think for the president, he wants to ensure that he has his immigration priorities in there. and that is border security. that is ending chain migration. ending the visa diversity visa lottery system. i mean, it's very clear that the president want to move forward on a daca deal on securing the border. but it's got to be with ensuring that we don't recreate a second daca situation. as we are seeing already, border crossings have increased. our ice agents are not empowered. they don't have the opportunity to remove individuals coming in. this is a crisis. this is an ongoing problem. and the president will continue to do what he can to protect american citizens and also protect our homeland. steve: there's an item in the front page of the "new york times" today that says that general kelly went up to capitol hill and one thing he told democrats was that apparently the president's view on the wall has evolved and then the president tweeted out this morning that he said the wall, it has never changed or evolved from the first

day i conceived of it parts will be of necessity see through and it was never intended to be ghilt areas where there is natural protection? is that right? obviously the president says that's right. so which is it? >> the president's vision on the wall has been very clear from day one. obviously, he has worked closely with the department of homeland security who has talked to the president about what the needs are for those men and women who are on the front line, on the southern border, i mean, what we are looking for and what the dhs has asked for is $18 billion to secure the border. that's something that we haven't seen come out of any of this daca/secure the border deal at this point. i think for the president, he has made it very clear, obviously, the wall consists of personnel it consists of technology there are natural barriers as well as the physical barrier. that's what we want in order to ensure that american citizens are protected. steve: of course you need the money for the wall and that's up to congress. mercedes, thanks so much for joining us. >> thanks so much.

steve: correction coming up next, incredible true story how soldiers took on taliban. jerry brook heimer who made "12 strong" ♪

♪ ♪ brian: all right. it was a victory that changed the course of our country and the world. the new movie "12 strong" tells the true story of a dozen special operators who teamed up with war lord to fight the taliban on horseback in the days right after september 11th. >> target, tanks in the open.

♪ [explosion] ainsley: joining us now is the commander of the task force who inspired the film retired lt. lieutenant john hole land and producer of "12 strong" jerry bruckheimer. jerry, i will start with you why did you call it "12 strong." >> 12 soldiers hard to say. we changed it to "12 strong" some soldiers on the operation. next to me spent a lot of time next to him. he really got an inside look into this really frightening operation that these men did. brian: general, i see your game face is still on. how important was it for you to have somebody like jerry bruckheimer do this movie after he did incredibly

justifiable job with black hawk down? >> well, you answered the question because there is nobody on the continent on the planet who could bring a story to life and tell that story with the authenticity and legitimacy of what the great men and women of our military do than jerry bruckheimer. so, having the story brought to life, not a story that we have ever advertised or spoken about. time to recognize these great men from those teams. what was perfect for jerry to take on. ainsley: jerry, we have so many options now. you know, there is always something to do on the weekend. a lot of people don't have time to go see the movies. why should we go see this one? what makes it special? >> well, it was a classified story. and fortunately for us we had the book to tell this story. and it's amazing how these member went into battle on horseback in the 21st century. it's a big movie movie. you want to see this on i max. see these men thunder into battle against tanks and

rpges and you can't imagine what they went through to win this battle that they won. brian: so bring back that mind set is so clear to me. 9/11 happens and we're waiting to get hit back. we're waiting for you guys to get in place so we can take out the taliban because they wouldn't give up al qaeda. the first time we are back in action is with you guys in action and we don't know what you are going to discover when you get to afghanistan after all a mighty country has fallen, the soviet union in that same country they lost. here's the actor who played you, general mahollan, discussing the mission. >> you are the only one that sees it the way it is. i choose you. you and 11 men. task force dagger. i would be remiss if i did not say to you even in success the odds of you coming home -- >> -- they are 100 percent, sir, with all due respect. ainsley: wow, some big actors in this. general, what did you think of the movie? was it an accurate portrayal of what happened?

>> well, we loved the movie. we absolutely embraced it when we had a chance to see it for the first time. and while certainly it's a movie, it's not a documentary, but that thread of real -- of actual events is -- goes from start to finish. what you see on the movie certainly what that team did in combat three weeks on the ground there. so, yeah, when we had a chance to see it, we wholeheartedly embraced it. brian: general, this is amazing too because this would be a beginning of decade plus of special operators at the tip of the spear taking on an enemy. you guys had to do it first. tell me about the significance of this battle, general, and, jerry, what did you get from it? >> well, i will tell you the need grab city airfield was absolutely critical for the strategic of the united states. in addition to taking the

war to the taliban who provided sanctuary for al qaeda and allowed them to plan and execute the terrible attack on our country. we were also facing the fact that we're dealing with a country that had faced seven years of drought and near starvation. so it was critical critical the united states seize a city that had airfield and it proved to be that place that allowed us to springboard to other things throughout afghanistan real critical. brian: real quick, jerry, relationship between the northern alliance and u.s. and we didn't know each other. how did that come across? >> listen it, came across great. general who was an interesting character and the way our guys teamed up with them truly extraordinary. with $100,000 bounties on their head and $50,000 bounties on their uniforms. no idea held in be turned in for ransom. you have to understand the bravery of these young men. by the way when they came back, nobody knew this mission existed. they are heroes but they don't see themselves as heroes. they see themselves as doing

their job. ainsley: jerry, i'm glad you are producing this movie. thank you so much. they picked the perfect producer for this. thanks for bringing it to your life. and general, thank you for your service. go and see this movie and support it and have more movies like this. brian: you should cast the general as a general. he looks like a general. >> he certainly does. i met him earlier, i would have. brian: absolutely. jerry bruckheimer and general mulholland thank you. >> thank you. ainsley: considering criminal charges against city lawmakers and this lawmaker says bring it on, baby. brian: under fire for blistering speech attacking the president. [crickets chirping] brian: only two people showed up to hear the speech. house speaker newt gingrich on why flake did it ♪ man on a moon ♪ fireflies in june ♪ kids selling lemonade ♪

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>> the president certainly doesn't want a shut down and if one happens, i think you only have one place to look and that's to the democrats who are holding our military and our national security hostage by trying to push through other policies that has nothing to do with the budget. that's a decision you're going to have to ask the democrats what's more important, national security or political agendas? steve: okay. so it's all about political agendas. will the government shut down at midnight tomorrow night? let's ask somebody who has been around capitol hill, newt gingrich, former speaker of the house, fox news contributor joins us now. newt, what do you think the republicans are reportedly really close to having the votes they need in the house but the senate is a whole other deal. what is going to happen at midnight tomorrow? >> my guess is the government is going to stay open. speaker ryan has put together a very clever package, which includes

extending the children's health program. it includes postponing three taxes for obamacare that virtually everybody in both parties are opposed to. i think it's going to be very expensive for democrats in the house to go home and explain why they voted against children's health, why they voted against postponing these taxes that are very unpopular. at the same time, when you get to the senate, there are 10 senators up for re-election in the democratic party in states that president trump carried. how do they go home and explain that they care so much for people who are here illegally that they are willing to shut down the american military. i think that's a very expensive vote and i think in the end, people like joe manchin are going to find it very difficult to go home having voted to close down the american defense department. so, i suspect if they get it through the house, my guess is they will get it through the senate. and then, of course be back here in two or three weeks having another round of

negotiations. ainsley: all right, mr. speaker, in layman's terms for the folks at home get very confused about this because it can get very confusing. if the republicans want to kick the can down the road and use the continuing resolution so they can work on this in a few weeks in four weeks in february it has to go through the house first, is that right using speaker ryan's plan and then it goes to the senate? >> my understanding is it starts in the house. as all spending bills do. goes to the senate. and the frankly it's to the republican advantage because if they can get the right bill through the house, it actually increases the pressure on democrats up for re-election to vote for the bill and, again, there is a huge mistake here that the democrats are v. made. they ought to offer to fund the defense department for the whole year. get it off the table. because if they see defense department in this continuing resolution every couple weeks the question is going to be with north korea, with iraq. brian: unbelievable. >> with syria, everything

going on, you are really going to cut off money to the defense department? brian: or worse yet, mr. speaker. >> a position to negotiate from. brian: sorry to interrupt you. at the very least they need time to plan. they need time to budget. they can't keep going month to month. that's the problem. you know military as well as anyone. but, the last time there was any cooperation and it wasn't easy, there was a lot of government shut downs, it was you and bill clinton. what is the mind set of any type of bipartisan work of compromise that we might be able to get back to that is just nonexistent right now? what advice do you have to anyone listening? >> well, i started with the most obvious one. when we went through very tough negotiations and people forget how tough they were, and we shut down the government for 35 days in 1995, deliberate strategy, but before we did that, we had already passed all the appropriations bills for national security, for the fbi, for the border control, so we had taken off the

table everything which was -- which is a vital every morning national interest. none of those were being affected. and people will let you fight over the interior department or housing and urban development for a year. i mean, they are not going to get all excited whereas when you have the defense department and have you the fbi and you have the border patrol, all wrapped up in this continuing resolution, it's very expensive to vote no. and i don't think the democrats yet realize the kind of record they are compiling of having no regard. you just had a wonderful interview with people who risked their lives to help america back in 2001 and 2002. the democrats are proving right now they have no regard for the risk they are putting young americans in uniform at. and it is a totally destructive way to run the pentagon to have these every two or three week continuing resolutions. they should offer them and schumer ought to get up and offer fund the pentagon for a whole year. get it off the table. because it ultimately is

going to cripple his side. steve: let's talk about the other side. on the other side you have the republicans, jeff flake technically is one of the republican senators from arizona although he did write the anti-trump book and he is not running for re-elections because his poll numbers have tanked. yesterday, he had a speech on the floor of the u.s. senate. only a couple democrats were in attendance, mr. speaker, listen to this. here is he where he compares the current president of the united states to stalin. >> it is a testament to the condition of our democracy that our own president uses words infamously spoken by joseph stalin to describe his enemies when a figure in power reflexively calls any press that doesn't suit him fake news, it is that person who should be the figure of suspicion, not the press. steve: so there is senator flake sticking up to the press versus donald trump. your opinion, mr. speaker? >> i have the great burden

as you do of actually caring about history. and to suggest that the -- stalin is the second most dangerous person in the 20th century. he killed more people than anyone except tung. to compare him to such an absurdity he could probably get a job at cnn or anywhere else as a reporter. this whole trump derangement syndrome which we saw the other day with questions of the physician. questions over literally crazy. that also effects senators, it effects a lot of academics, and trump just seems to have this effect on people. the fact is, nothing trump has said is particularly stronger about the press than things lincoln would have fedd. said. things fdr would have said. fdr would have said. angry when they have reporters they think are

being inaccurate or prejudiced or unfair. steve: newt gingrich today joining us. thank you very much. have a wonderful thursday. >> good to be with you. brian: pick up vengeance. that book is now out that newt gingrich has just released. meanwhile 20 minutes before the top of the hour. steve: illegal immigrant on trial for the murder of two sheriff deputies has this disgusting outburst in court. >> there was no need to [bleep] steve: california deputy michael davis jr. is outraged and she is our guest next. copd makes it hard to breathe. so to breathe better, i go with anoro. ♪go your own way copd tries to say, "go this way."

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brian: all right, accused come killer showing no remorse in court after the

deaths of two california sheriff deputies. danny oliver and michael davis jr. >> brian: that piece of garbage an illegal immigrant, illegal alien if you will louis has been deported several times leading up to 2014 shootings and could potentially get the death penalty if convicted. keep your fingers crossed at home. joining us now is pam davis owens she is the aunt of one of the victims detective michael davis jr. and not only that michael is like a son to you; is that correct? >> yes, he is. brian: what is your reaction to the fact is not only is he an accused cop killer, he revels in it and wants the opportunity to kill more and he doesn't even belong in the country. >> i'm furious. i can't believe that the state of california is

protecting these illegal aliens. even listening to the rant right before i came on, my blood is boiling. i'm so angry. brian: wait a second, you mean undocumented, don't you? >> no, i mean illegal. illegal alien. call it what it is. brian: you and your husband have had careers in law enforcement. you lost your brother, unbelievably, october 24th, 19 will 8, michael was killed october 24th, 2014. it's hard enough when something goes wrong in the streets but let alone for someone gets someone deported many times and wants to kill more. do you feel the justice system is doing justice here? >> i feel the justice system has let us all down. number one, there shouldn't have taken this long to get to court. and is protecting him. i don't understand it. brian: tell me about your nephew. >> michael was probably one of the nicest guys you could

ever meet. he was the first one who came to help anybody and everybody. he was loved by everybody. and just a really quick story, he worked a homicide case where the victim was a baby, a newborn baby that was jane doe and he was so upset about the fact that they didn't even have an identification for her. he raised funds himself so that she could get a burial marker. he was just that kind of a person. wonderful. brian: wonderful. and that's pretty much what motivated the president to make this a major pars of his campaign to get to the white house. do you feel like the president is on the right track, even going after some of the politicians and mayors and sheriffs that refuse to enforce, become sanctuary cities? >> absolutely. i think he is completely on the right course. and i hope that the justifiable department pursues this. i hope they start withholding funds. i hope they start arresting

the sheriffs and the lawmakers who are protecting these people and everybody i know is 100 percent behind him. brian: now, dew points him to get the death penalty or dew points to see him rot in hell, rot in prison, excuse me? >> i want to see him get the death penalty and i want to be there to watch him draw his last breath. brian: what about the people who allowed him to come back in? do you want to see an investigation to find out how many law enforcement officials were forced to give him up or how many politicians may have covered for him the first couple of times he came in here? >> absolutely. i would like to see every one of them prosecuted and not only criminally but civilly sued for the loss of life that has been caused from this. brian: hopefully you will get your justice. i know you live about five hours away from where these proceedings are taking place. do you plan on being there when the ruling is given out? >> yes. we hope to make it at least for the end of the trial to watch part of it. i know my sister-in-law has

been in court daily. and the judge had to reprimand the defendant for glaring at her and the family members in the -- while they are sitting, watching the trial. he has just been very disrespectful. and intimidating to them as well. and thank goodness the judge is watching out for them and reprix maned them. brian: you know, maybe death might be too good for him. solitary confinement for the rest of his life even though it will cost us more money. detective michael davis jr. remembered here today as he lost his life at the age of 43 thanks to this mutant. pam davis, thanks so much for working law enforcement with your family and telling your story today. >> thank you so much for keeping this alive and we really appreciate everything fox is doing to keep this story alive and do something about these illegal aliens, get them out of here. brian: absolutely. all right. thanks so much. and maybe the president is getting your message. i think he is. thank you, pam. >> thank you, brian.

thank you so much. brian: no problem. coming up next, we have more "fox & friends," including a special that maybe will change your wallet.

♪ steve: if you are looking for some fitness gear to help you keep those new year's resolutions and who isn't? we got you covered. ainsley: yes. here with some exclusive deals you our "fox & friends" viewers is megan meany with mega morning deals. >> meghan's mega morning deals. ainsley: this is the fitness gear. >> start with the active wear. shape enhancing active wear made with this great material that holds you in. your tummy, your thighs, so it's perfect. steve: it's a girdle. >> kind of like a girdle and

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so it is 24 bucks, will 8% off today. steve: i just bought mrs. doocy one of these where you don't have to plug in your phone. >> that's the wireless damascusing station. this is called the dock all. there is two usb ports on the back. charge up to three device. it's also an amazing blue tooth speaker. the sound scwawttle awesome. it has a microphone so you can do face time. can you skype, and it's nice looking. lovely to have it on that tilt. sitting at your computer. look at it easily. $65. 67% off today. normally these things are 200 bucks. all of these are mega morning deals. stuff sells out fast and bonus items, guys. steve: go to foxandfriends.com. look for the logo and go shopping. coming up on this thursday, just hours until the government runs out of money at midnight tomorrow night. senator majority whip john cornyn at the center of all of it are the lawmakers

closer to a deal? we will join us live coming up. ainsley: america's economy is booming now apple is making a billion dollars investment and crediting president trump steve i think it's 350 billion. ♪ (vo) i was born during the winter of '77. i first met james in 5th grade. we got married after college. and had twin boys. but then one night, a truck didn't stop. but thanks to our forester, neither did our story. and that's why we'll always drive a subaru.

>> yesterday the dow jones industrial average, did something it has never done before. it finished above. >> we gone to 18,000, to 26,000. >> fake news to break news. ainsley: after he tweeted out a link to the award show winners, it crashed gop website. so many people wanted to see who the winners were. were. >> president trump sticking to immigration and threat after government shut down. >> i don't think the government will shut down. important to know that the democrats should not play the shut down politics. >> wait the 20 minutes before telling the feds about the phony ballistic missile alert. >> maxine waters skipping the

state. union address. ricky taylor asked for the seat. >> taylor is attending the state of the union as guest of congressman sean duffy. >> it usually goes to my wife rachel. she saw the segment. wouldn't we give rachel my ticket to ricky. i'm really excited. ♪ steve: president down in d.c. already this morning. brian: he said this, we're going to pennsylvania to give my support for rick sucone special election to take tim murphy's

seat. rick is a great guy. we need more republicans to continue our already successful agenda. on paper this is strong republican district. you can't take anything for granted. ainsley: tim murphy got caught doing stuff. he is out. that is why they have the special election in march. this is a overwhelmingly white district. it's a rural district. 18th congressional district. president trump won there more than 20 percentage points. steve: i have a feeling when he goes to pennsylvania later today, number one thing he will talk about how a year ago he became president of the united states. country is zooming. dow never hit 26,000. that is where it ended. one of the thing fueling it, the most valuable publicly held company in the world is apple, right? when he was running for president, he said hey, apple,

president trump did, then candidate donald trump, hey apple you build all the stuff in china. you park so much money overseas, how about bringing some of it back. apple announced to the tune of $350 billion to the use economy over the next five years, they will bring the money back, a lot of it. they will build a big headquarters probably not in california or texas but someplace and it is big. ainsley: they're contributing $350 billion to the u.s. economy. and if you work for apple, is it all employees or getting $2500 of stock? steve: i think so. everybody working for apple right now. apple's stock is very valuable. it goes up big amount every year. ainsley: 2500 that is a whole lot. a lot of employees work for apple are very young, when you go in the apple store, early 20s, to get that much stock right out of the gate. brian: i'm looking for

employment to genius bar, you have to be very patient. i do love the bar. they serve technology. 20,000 jobs they promised to have within the next five years. they will have amnesty on the money. hopefully others take the lead. there is a sense out there, who knows that apple will take the lead and others will follow. there has been 100 companies adjusted their bottom line, give people raises, offered incentives, hired more people, tax plan, i look at top to bottom. makes sense to do this. there might be cascade of other major companies, let alone silicon valley would follow in their wake. steve: that would be great. apple as a quarter of a trillion dollars parked overseas. because they bring it back it is bringing it back it is taxed at one time rate of 15.5%. it said the reason the stock market is going up so high people are optimistic, but with

investors it is the fomo effect. fear of missing out. it goes up 1% again or he have other day. it went up 1000 points in eight days. we don't want to miss out. why so many commercial and retail investors are getting back into the stock market because they thought, well, you know this bear market, bull market is a little long in the tooth. got to get in. brian: it went up 300 points yesterday. a earnings season, reporting season, jpmorgan chase said we're up further than anyone thought. people responded, so that unitedhealthcare. our earnings are way up. they have added 1000 point quicker than anytime in their history. they're going up 1% every two days. no sign inflation will increase. the last two quarters we are up over 3%. might be getting 4%. that plays moo it. if you cut taxes, bring in revenue that would negate the experts that said deficit would

grow. not if you bring money in at this rate. ainsley: we're talking about this morning the government shutdown because at midnight tomorrow night, tomorrow friday government will shut down if congress can't get their act together to agree some way to fund the government. john kelly, chief of staff, on a way to avoid the shutdown. listen to this. >> i spent a fair amount of time on the hill speaking to members of the congress, both sides of the aisle, both sides of the hill, seems they have the votes to fund the military, take care of child health care issue and perhaps some other things. as i understand it they have the votes and they're fairly confident. steve: one of the problems is own the republican side the house freedom caucus has suggested they don't like the fact that the continuing resolutions do not adequately fund the government. so they might not be yeses for sure for the republicans and also they want the republican leadership to bring up bob goodlatte's immigration proposal

which is exactly what the president asked for, the money for the wall, do something about daca, chain migration and visa lottery system. if they simply by that up for a vote, three dozen republicans would say yes, then it passes the house. brian: how many times do you have the continuing resolutions they don't do anything in the interim until it gets to the break. it is embarrassing. mitch mcconnell hops on the microphone, says need to know what the president wants in immigration plan. you talk to the president almost every single day. don't talk on a microphone. go talk to the house. what is the grand standing? i will not pass anything that the president doesn't want. mitch mcconnell you could have the conversation privately. why does he have to give the impression of chaos. ainsley: our lawmakers, all of our tax dollars go to pay for our salaries. they need to come together come up with some sort of a plan.

democrats want daca. republicans want the wall, chain migration, visa program, do it so our government can be funded. brian: no one wants to compromise. that is the problem. ainsley: they say no way or we'll let the government shut down. newt gingrich, fox news contributor, he was on with us earlier, this tells him democrats don't care about our military, listen why he says that. >> democrats have no record with the risk they're putting young americans in uniform. it is totally destructive way to run the pentagon when you have the defense department and you have the fbi and you have the border patrol all wrapped up in this continuing resolution it is very expensive to vote no. i don't think the democrats realize the kind of record they're compiling. ainsley: i don't think anyone really thinks about that, how expensive it is to continue to kick the can down the road. steve: one of the things newt said, stuart varney said early on the program, if the

government of the shut down over daca, how would the average american feel bringing government to grinding close on that particular topic. might not be a political winner they said. brian: see both sides, think about bob goodlatte's plan, there is not a democrat involved in making of it. goes over to the senate where democrats have to get involved, you need maybe 11 votes. thad cochran is not around. senator john mccain is not around. i don't know if they come in for a vote. very frustrating to see nobody working with each other over and oaf again. steve: stay tuned. meantime it is news time. morning jillian. jillian: we're following a couple news stories. a hero has died after being shot in the line of duty. 12 year veteran yorktown sheriff michael dody looking for a suspect in north carolina. his twin brother is also on the

force. three sergeants shot in the ambush, are expected to be okay. the suspect christian mccall is likely to be charged with murder. he is faces attempted murder right now. the parents charged with starving their 13 children are coming to court today. the house of horrors was never inspected since it is required by law since it is listed as private school. why authorities in paris county, california, had no idea david and louise turpin were allegedly abusing their kids for years. crashes across several states. more than 2,000 flights canceled from florida to maine. even best drivers should stay off the road in wicked weather. dale earnhardt, jr., skiddings off the road and hitting a tree after helping people stuck in deutch ditches. a drone is praised for

saving lives of drones of two teens stuck in waters. umanned aircraft dropping a device to the two swimmers in the current. they are clinging to the yellow pod after being pounded by waves. it took only 7 minutes. the two teens are okay. brian: how does a lifeguard save you in a riptide? steve: who knew that he could do that. jillian, thank you. ainsley: a border agent believed to be beaten to death at hands of illegal immigrants, two months later, still no answers. we sent our own griff jenkins to find out some answers. we're live with that coming up. steve: bombshell new report listing a close clinton confidante to the fake trump dossier. she has shocking developments coming up next. ♪

steve: a new bombshell report revealed the fbi inner viewed that man a clinton confidante in

regard to the trump dossier, sidney blumenthal. they disclosed details of the russia to the author of that unverified document, the dossier, christopher steele. that is sara carter. she has been following all of this. she joins us live from our nation's capitol. so, sara, explain how, we're just finding out about this, apparently the fbi interviewed sidney blumenthal about the dossier in 2016? >> yeah. this is what we're finding out right now. that the fbi was apparently talking to sidney blumenthal as well about the dossier. we're also looking at pieces of this puzzle that we haven't seen before. remember every day something new happens, one of the issues here now that surfaced is that christopher steele was actually, when he met with the fbi, was actually informed by the fbi about george george

papadopoulos. this is interesting like sharing information. steele was questioning information at behest of hillary clinton and clinton campaign paying him through fusion gs. lo and behold sidney blumenthal was interviewed by the fbi in connection it the dossier. what they discussed or what part of that something we don't know yet because a lot of this was classified. steve: doesn't it seem odd to you that the story some fbi agent was sharing their information with this former british spy? that doesn't seem like something the fbi would do. >> no, it doesn't seem like something the fbi would do but remember the fbi had a relationship with christopher steele going back into the investigations into this soccer investigations. so there was a relationship there. there was also a relationship with christopher steele and members of the state department and i think this is very interesting. byron york pointed this out in

an editorial he wrote where he talking about this relationship and the fact that the fbi and others may have received more reports than just the dossier. so christopher steele could have been putting together reports from members of the state department. this is incredible because how far does this go and what information did he actually disseminate to other people? >> looks like they were all out to get trump with this dossier and talking to everybody. so sidney blumenthal has been a very long friend of hillary clinton. he was not officially allowed to become part of her state department at the behest of the obama administration officials. they didn't want him there but nonetheless i think he was drawing 10,000-dollar a month salary from the clinton foundation. >> correct. steve: why would they want to talk to him about the dossier? >> i think this is the most intriguing part of the whole story. why would they want to talk with

him? did he in some way corroborate information inside of that dossier or play a role in that? we don't know. was he somehow connected to the dossier? his close relationship with hillary clinton may have played a role in that. these are pieces of the puzzle we're uncovering we don't know yet. you're right about this, sidney blumenthal was paid roughly according to an investigation by "politico," $10,000 a month while working at clinton foundation. at the same time in 2015 emails revealed released by the state department that he was, that hillary clinton herself was soliciting intelligence information and talking about foreign policy issues with relation to libya to blumenthal who she was very close to. steve: right. >> so there is a lot of crossover here. steve: exit question, it seems to me, and maybe to you as well, seems like we're getting after the department of justice stonewalled so long, suddenly there is a flood of information.

it feels like we're getting to a appointment of critical mass where sooner or later we'll know what happened? >> absolutely. the inspector general, inspector general horowitz conducting investigation into the clinton server, we know the house intelligence committee is conducting their own investigation into the fbi, there is reason to believe those reports, those reports will come out very soon. probably within the next month. steve: all right. stay tuned. sara carter, thanks very much. always good reporting. >> thank you so much. steve: 8:20 in new york city. imagine being on this airplane. what would you do. >> get your heads down! grab your ankles, get your heads down! steve: oh, man, the moment people thought they were going to die, caught on camera. five democrat lawmakers are boycotting president's state of the union speech. is that really the right message to send? bob massi on that coming up next. ♪

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♪ brian: some quick headlines, i will toss it over to ainsley. trump administration working to protect the religious and moral freedoms of health workers. they announce creation of conscious and religious freedom division. it offers job protections for workers that refuse to over abortions or procedures that clash with their beliefs. president trump will make history by coming the first sitting president to address the march for life event live via satellite. that will be tomorrow. the annual rally is washington's

protest of the roe v. wade decision which dismissed many restrictions on abortions in the u.s. vice president pence will host a reception for pro-life-supporters. that is later today. i'm out of words. ainsley. ainsley: five democratic lawmakers will boycott president trump's first official state of the union address. there are the pictures. does this send the wrong message using his sweep for their political gain? we have the host of the "the property man," with bob massi. good morning. >> good morning, answerly. ainsley: why do they think they can use the president's speech as a political statement. >> i to be clear, when ted cruz decided to boycott. i believe this is the most reverent chamber of government in the world. for them to use it as a platform to basically send a message,

shows disrespect to the office itself. if you disagree with the man, disagree with him, but at least respect the office that he holds. the other thing is, ainsley, and i say this very carefully, when is, does racism come the other way? in other words, is this a political statement, or are these people also as they call the president a racist, are they potentially racist against him? somebody has to address that issue because there's a fine line between a political statement and are they being racist against the president of the united states? ainsley: bob, what do you make of that democratic lawmaker, lady from california, she will wear black to honor the sexual harrassment victims, some lawmakers are bringing sexual harrassment victims as their plus one to that address? >> yes, this is direct slap against trump. we know that, because of the allegations from years ago and things they're playing up. look, this is their platform for the midterm elections.

i mean this is what they're going to play on. we know they will play on the daca. we know they will play on the sexual harrassment issues. why is it other people are gone but the president of the united states has allegations against him? what really bothers me the most as a citizen, what it says to the rest of the world. they are so caught up in their message. we know there is a major problem in our country with sexual harrassment, don't misunderstand me, but the platform they have no concern about the embarassment that it brings to our president, and that to me is poor commentary. for me it makes me sick to the stomach. i can't stand it. ainsley: now to the massie memo, what happened to bipartisanship for respect for the executive office? taxpayer dollars are at hand here. we pay these congressman and women to go to these events. >> very much so. i remember aging myself, ainsley, i remember reagan and tip o'neill. i remember those days when they

would sit across and disagree, and agree to disagree, there would be uniformity for the best of the country. we're so divided. there is so much of a separation in our country, that we have lost, they have lost what they're really there to do, that is a poor commentary. i guess that is the way it is going to be. a president tough guy will not basically change his position. what we do is what we do as citizens. this year the midterm elections will tell the tale. what will be the result? will there be more democrats in congress or will republicans take real control of congress? we'll have to wait and see. ainsley: thank you, bob. you have to wait one more day to see "the property man." it airs on friday nights 8:30 p.m. eastern time on fbn, which is fox business network. also a border agent believed to be beaten to death at the hands of illegal immigrants. two months later we still don't have any answers. we sent our own griff jenkins down to texas to find out what happened. we're live with latest next. maxine waters might not want

to attend president trump's state of the union address, but this army veteran, the guy right there, he wants to go. instead he wants to go if her place. we met him yesterday. we'll talk more about his story. we have big news coming up. ♪

♪ steve: okay. as we look to jason aldean. we were looking at twitter machine. the president of the united states obviously has on his mind what will happen with daca and the government shutdown and he just tweeted this. ainsley: he said we need the wall for safety and security of

our country. we need the wall to help stop the massive inflow of drugs from mexico, now rated the number one most dangerous country in the world. if there is no wall, there is no deal. brian: right. that is one thing brought up by the border guard. fentanyl comes flooding in. jason aldean singing about fly-over states. they are our states. steve: where i'm from. brian: that is fantastic. >> steve: speaking of immigration and border there is mystery surrounding the death of a border patrol agent. the other agent doesn't remember what happened. brian: griff jenkins you went down on his day off to do some digging. he joins us live from el paso, texas. reporter: this is important story. that is why i'm doing it. 120 miles southeast where i am at the el paso crossing, agent,

regelio martinez suffered serious head injuries. martinez succumbed to the injuries. two months, no answer from the fbi. we set out with border patrol president brandon judd to find out for ourself. take a look. >> martinez would be assigned to check out the culverts. he would have walked down here and would have come to this road right here. as you can see this is very fine dirt. it leaves very distinct footprints. reporter: looking for something like this? >> yes. reporter: does he find anything? >> yes my understanding he found some footprints. at that point he would have radioed in to his nearest back up, to let them know. we know the person that responded was agent steven garland. reporter: so our viewers are clear, agent martinez is by himself? reporter: the problem with that, as being as dark as it was that night, the smugglers have the advantage on him, because they

know exactly where he is at but he doesn't know where they're at. smugglers would have most likely come up through one of these tunnels and would have crossed underneath the interstate underneath the tunnels. reporter: how often does that happen? >> this area we're seeing once every two days. reporter: once every two days? >> yeah. reporter: so when agent martinez rolls up on a group he believes in this tunnel, like he es aware at this point, this is like i a group of possible drug smugglers as opposed to just people crossing the border? >> yes. reporter: now do you believe agent martinez would have come across the highway and possibly down here? >> yes. reporter: tell me what you think happened next. >> what he will do, he will come looking for any dirt area where we pick up what we call the sign again, the footprints. imagine that you have got your flashlight. you're concentrating trying to

find these footprints in the ground. you're very, very vulnerable to anything that might be around you, where somebody could be hiding based upon the injuries that agent martinez sustained, we believe that as he was looking for these footprints this group of drug smugglers attacked hill, ambushed him. he succumbed to his injuries which were horrific injuries. looks like he was literally beaten to death. reporter: a local sheriff in the county said, well he thought one of these trucks as we hear going by, a truck might have side swapped the agent. >> they are going 70 to 80 mile-an-hour on the interstate. how do the trucks hit an agent? the agent's gear would be thrown all over the place. the injuries are not consistent. the theory that he could have fallen top of culvert to the ground, that is eight feet approximately 8 inches. that is not a large fall

especially for injuries that he sustained. the other thing we have to remember, the theory this could have been an accident, the fbi has been investigating this for two months. the fbi doesn't investigate accidents. the fact that they continue to retain jurisdiction in this matter clearly shows that they believe that this was an attack on federal law enforcement agents and therefore it was a murder. reporter: i spoke with the fbi yesterday. they said they can not comment because the investigation is ongoing. it is classified as potential assault on a federal officer. they're offering $50,000 for reward for information leading to resolution of this case. the tip line is open but here's a fact, guys, there are more than 700 assault on border patrol agents last year, up 76%. why they try to solve this murder or this incident, i should say, this death, there are agents out all across the border which is very dangerous and very open in the actual area where agent martinez and agent

garland were operating just two months ago today. brian: that is a stunning number. assaults are up 76% in a year? it is because perhaps they have been told to be more aggressive? reporter: well, no. here's why. because they tell me out here the agents, that it is great that the numbers of crossings are way down but it is also meaning less contraband, smugglers are getting across less. so when they get across, they're more likely to defend their contraband which is causing more, they believe assaults on border patrol agents putting them in greater danger. steve: gotcha. griff, thanks for going down to el paso. ainsley: now to jillian with more headlines for you. jillian: good morning to you. immigrant who killed two cops is seen smiling and admits he wanted to kill more.

jillian: pam davis owens is the aunt of one of his victims. she joined us earlier with this strong message to california lawmakers protecting illegals. >> i'd like to see everyone of them prosecuted and not only criminally but civilly sued for the loss of life that has been caused from this. jillian: that illegal immigrant had been deported several times. leading to the death of sheriff's deputies danny oliver and michael davis, jr. terrifying moments on board of a flight when passengers are told to duck for cover and brace for landing. >> get your heads down. grab your ankles, get your heads down! jillian: airline flight attendants making the announcement moments before touching down in dallas. a passenger said some people

were doing the sign of a cross as smoke came from the cockpit. it turned out to be a broken fan. no one was hurt. a burglar is caught in his tracks literally. the police in georgia tracked down this criminal by following his footprints left in the snow. authorities say he broke into a house and stole a pair of hunting rifles before taking off. he was later arrested. police writing on facebook. we ask you to stay off the roadways and stay off out of folks houses. the veteran that wants to take maxine waters seat at the state of the union is heading to d.c. ricky taylor will see president trump's address at the guest of congressman sean duffy. the two met earlier and joined us, watch. >> i'm really excited. i got to talk to him a little bit out there. seems like a really good guy. >> great guy. [laughter]. >> so i'm just really excited to do it. jillian: congressman duffy connected to ricky after seeing him on "fox & friends." i don't know about you guys, but

i bet they will stay friends because they have got that bond. steve: so far so good. ainsley: they were having fun together. brian: seeing a buddy sitcom where they -- ainsley: turn your phone off? brian: it does not want to stop talking to me. it is the iphone x. steve: maybe you should put it down. ainsley: we have only 19 minutes. put it down for a little bit. steve: rather than asking siri what the forecast is, we have janice who knows. janice: that is great. brian hasn't asked for personalized forecast in couple weeks. i'm worried about that it is cold here in new york, 22 degrees with the windchill. it feels colder than that. look at the map. it is awesome, snow cover in every state, including hawaii on the mountaintop, on the volcanic peek. that has not happened since 2010. that is a pretty big deal. the storm system that brought

southern snow to parts of gulf coast is moving offshore which is great. the coal front is moving offshore. a little bit of warmer air moves in as we head to the weekend. there is future radar. good-bye to the storm. we watch the west coast. a new system moves in, with rain and mountain snow, gusty winds. that will be the next weather-maker as we head into the weekend. look at that. we'll take 35 in new york city. by the weekend guys, we'll be into the 40s, the 50s across the east coast where we will take it. steve: absolutely with snow in all 50 states today. janice: pretty amazing. steve: jd, good job. come in inside. we're hours away until the government officially runs out of money. not majority whip john cornyn is at the center of the negotiations. are lawmakers closer to any deal? he will tell us live next. ainsley: you know her from the fox business network. this morning gerri willis is sharing her turkey chile recipe

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brian: white house chee of staff john kelly confident a immigration deal will pass after talking to lawmakers on both sides of the aisle on wednesday. >> i pleaded with the united states congress to come up with a solution because daca was not going to stand the legal test. there is no doubt in my mind there will be a deal, as long as men and women on both sides are willing to talk. steve: so there will be a daca deal. was the meeting with the former dhs secretary the kick they needed to close a deal? a u.s. senator who was at the meeting yesterday, senate

majority whip john cornyn from the great state of texas. >> good morning. steve: so what happened? >> we had a good conversation. last thursday the president reject ad deal that was basically between six senators. i give them credit for trying but it wasn't strong enough for border security for me and didn't satisfy the president's demands. now we're back at the drawing board. but as you heard general kelly say all of us want to get to a deal, but it will have to include border security. it will have to include something on the visa lottery as well as chain migration for the president to sign it. so we're working on it. brian: should we separate that from funding the government? so you -- no daca deal even drafted. that will not be in there. what are the chances of the house funding the government, getting it over to you, and passing it? >> i think it is pretty good. we all understand the importance of keeping the lights on here in the nation's capitol while we're working on this other deal, these other deals. unfortunately the daca discussion has really hijacked

everything else including the negotiation over budget caps, funding the military, children's health insurance, and other important programs. so that's where we are now. until we get that worked out, i don't think the democrats are going to let us pass the funding for the military and these other priorityies. steve: which is what we all need. senator, we understand the house is going to vote on this one-month budget extension later it would go to you. >> right. steve: paul ryan including in it, the children's health insurance program, chip, the president just tweet tweeted out about this. chip should be part of a long-term solution not 30-day or short term extension. what do you think about that? >> i'm not sure what the president means. what it would do reauthorize the chip program i believe for five years. so it is not just a 30-day

extension. paul ryan and kevin mccarthy have to figure a way to cobble together the 218 votes. they feel like adding this will help them get to the 218 votes. brian: senator, bob goodlatte has a plan. if the house voted for it would you like the house to vote for it get it to you to get something bipartisan, would that be something of a scenario you could get behind? >> we welcome the contribution that bob goodlatte and michael mccaul made in the house. will heard made a product on daca and border security. frankly we'll need a bipartisan solution and we'll need a presidential signature this is situation where we want to get to yes. i'm confident as general kelly said last night, on bret baier, we'll get there. brian: have you talked to a democrat? >> of course, yeah. i talked, i talked to steny hoyer and dick durbin yesterday. i think dick finally beginning to accept the fact that this

negotiated deal with senator graham and others is not going to work. so we're back at the negotiating table, and we welcome them to join us but that's not going to be the path forward. steve: all right. senator john cornyn from texas, sir. thank you very much for stopping by. we know you have a busy day. brian: he has to whip a lot of votes. steve: ten minutes before the top of the hours. you know her from the fox business network. look at that, gerri willis is "cooking with friends." brian: but first you talk about a friend, bill hemmer is, only friend you ever need. >> you got a friend in me, brother. good morning to both you guys. the day is cranking already. 26-k where do we go for the dow? is there a shutdown or a deal to be made next 36 hours. white house making a strong headline for north korea. we'll tell you what that is all about. inner circle of team trump taking questions about the russia matter, take a bite out of this apple, what the tech giant will spend in america. wow! come join sandra and me ten

minutes top of the hour. we'll see you then.

♪ ainsley: she is a pro in the world of business. she is also a pro in the kitchen. steve: back for round two of cooking with friend is fox anchor from the business network gerri willis. is this a sequel? she is back for more. >> all right started eating the chile. steve: perfect chile weather. >> it is. i love chile, after my health care i like to be healthy. we're making turkey chile. my friend, we're warming up, softening red on i don't know chopped up -- steve: jalapeno. >> jalapenos in there big time. dump turkey in there.

one 1/2 pound of turkey here. this makes it light -- not ground beef, absolutely right. people put all kind of heavy-duty meet. brian: how many does it drain the fat when you sizzle? ainsley: not much in turkey. >> you can get it 99% fat-free. it browns up. here we go. we put in two cans of chopped crushed tomatoes. steve: chopped crushed? >> i meant crushed. people use marinara? >> that is magic sauce. >> this is maple syrup. my husband is canadian. we use half a cup of that. >> i like it that way. >> i did not tap a tree, my friend. i tapped janice dean. she is canadian. >> i help her out. i have all sorts of hot sauce. >> smell the hot sauce.

ainsley: smells like barbecue sauce. steve: i like that stuff. recipe at fox and -- foxandfriends.com. this is this something for the super bowl? >> yes. if you want the meet, you can have the meat. love serving it with cornbread. we have jalapeno peppers with it. and corn. brian: it faces. superfast. speed matters. ainsley: she substitutes because of your health scare, you eat healthy, healthy, instead of sour cream she puts yogurt. >> salantro on top of that. ainsley: we love you gerri willis. brian: watch your money grow. >> 26,000 plus my friend. brian: recipe online. effortlessly comfortable.

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>> stay tuned for the after the show show. do you have anything else with you? >> she will sing and dance. >> i thought this was enough. >> i'm done. >> have a great day. see you back here tomorrow. it's friday. >> bill: guys, thanks. we want some. breaking news from the white house at this hour straight from the oval office president trump making it clear there will be no deal on immigration without a wall. that clock is moving now on getting a plan to keep the government open. will they make progress today? watch it now 36 hours. live inside "america's newsroom." big show for you today. i'm bill hemmer, good morning at home and good morning, sandra. >> sandra: i hope it was the greenroom coffee. i just had some. i'm sandra smith. it is yet another busy day in washington democrats holding firm on their demands they say any deal to fund the government must include protections for those so-called dreamer. the prid