>> what a great couple hours. a lot of newsmakers. >> back tomorrow watching that clock. shutdown looming. what do you think? >> it's a big day. we'll see how things go tonight. you're on, a buck. "happening now" starts right now. >> jon: and we start with the house of representatives set to vote on a spending bill this afternoon. hoping to avert a government shutdown friday night. good morning to you, i'm jon scott. >> i'm melissa francis. we saw a shutdown in 2013. this time republicans are in the control of the congress and white house, no guarantees this bill will pass and very little agreement on anything else in washington right now. both sides are preparing to blame the other, of course, if the government does shut down. here is white house press secretary sarah sanders. >> the president certainly doesn't want a shutdown. if one happens, i think you only have one place to look.

that's to the democrats who are holding our military and our national security hostage by trying to push through other policies that have nothing to do with the budget. we would like to again get a budget deal done, a two-year budget deal, a clean budget deal and focus on negotiations. following that deal with finding a permanent solution to daca and responsible immigration reform. we've said that many times before. our position has not changed. >> john roberts joins us now. how is it shaping up there, john? >> well, they think it looks pretty good but not sure at this point. the president over at the pentagon should arrive momentarily to get a briefing on the new u.s. nuclear posture review but not before causing some confusion this morning by taking to twitter. the white house is standing behind a house resolution for a temporary spending bill that would, among other things, fund

the government until february 16th. they would also delay the implementation of obamacare taxes and provide six years of funding for the children's health insurance program. which is kind of why people were scratching their heads this morning when the president tweeted out quote, ship should be part of a long-term solution. like his fisa tweet last week it caused confusion on capitol hill. listen to what john cornyn said today earlier on fox. >> i'm not sure what the president means. what this would do would it reauthorize the chip program for i believe five years. it is not just a 30-day extension. paul ryan and kevin mccarthy have to coble together 218 votes they feel like adding this to it will help to get them to the 218 votes. >> there is opposition on the republican side. the house freedom caucus saying it wants a two-year budget deal

another another one month spending measure and graham wants a budget that funds the military. hill sources still saying it is unclear where the freedom caucus stands on all of this and whether or not they'll get on board. some democrats are insisting that a daca fix be attached to a spending bill but there is no way that the white house is going to allow daca to be attached to that cr. last night speaking with bret baier on special report john kelly said he is all but certain that a spending bill will be be reached. listen here. >> 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 they have the votes to continue funding the military, take care of the child healthcare issue, and perhaps some other things. as i understand it, they have the votes and i'm fairly confident. >> he also seemed to put himself in the dog house when

he told bret baier the president's thinking about a border wall during the campaign was not fully informed and that there are a lot of places across the southern border where building a wall is neither practical nor possible and the u.s. was not going to get the money to build the wall from the mexican government. john kelly saying the president's views have evolved over time. the president taking to twitter this morning to restate his position saying quote the wall is the wall, it has never changed or evolved from the first day i conceived of it. parts of it will be see-through and never intended to be built in areas where there is natural protection, the wall will be paid for directly or indirectly or through longer-term reimbursement by mexico which has a ridiculous trade surplus. the $20 billion dollar wall is peanuts compared to what mexico makes from the u.s. nafta.

the president was pretty hot under the collar what kelly said on special report. when he returned to the white house last night the president told him that he was unhappy about it. now on daca it looks like we aren't going to get a deal this week. the white house is confident it will at some point. i'm told negotiations on the hill do include the four points the president was talking about and the president reiterating this morning if there is no wall, there is no deal. one white house source i talked to said they're closer to a deal than a lot of people think and reporting that they are. >> john roberts, thank you. a lot to stay on top of. >> jon: a fox news alert going to take you to the pentagon now and there you see the beast. that's the president's armored limousine. president trump about to emerge. there he is. he has arrived at the pentagon for the nation's nuclear posture review. we understand the president is going to be making some comments. there is the vice president at his side. let's listen in.

>> president trump: to support our country's military. if the country shuts down, which could very well be, the budget should be handled a lot differently than it has been handled over the last long period of time. many years. but if for any reasons it shuts down, the worst thing is what happens to our military. we're rebuilding our military and making -- bringing it to a level it's never been at. the worst thing is for our military. we don't want that to happen. i'm here to support our military. our military has to be the best in the world by far. and as you know, it has been depleted over the last long period of time. and when we finish there won't be anything like it. we need that now almost more than at any time in the past. so i'm here for our military. i'm here to support our great, great and very powerful military and we are going to keep it that way but make it much better.

that's what we're doing. it also means jobs. you see what is happening with respect to jobs. you see what happened yesterday, apple and now it was just announced they are giving each employee a lot of money. so our tax cuts and our tax reform has turned out to be far greater than anybody ever anticipated and i'm sure the democrats would like to blunt that by shutting down government. but again, the group that loses big would be the military and we're never letting our military lose at any point. we will fund our military, we are going to have a military like we've never had before because we've just about -- just about never needed our military more than now. thank you all very much. we'll see what happens, it is up to the democrats. >> has your opinion involved on border security? >> jon: as the president heads into the pentagon for the

nuclear posture review, he is suggesting that any government shutdown which could happen tomorrow at midnight, that that is going to severely affect the u.s. military. he also as you heard there blamed democrats if the shutdown does happen. now, congress has passed continuing resolutions in recent months. clearly the goal is to get something done but there is not a lot of time. >> i don't think the government is going to shut down. i think the president is making it very clear this is not what we want and obviously i think it's very important to know that the democrats shouldn't play this shut down politics. it is very harmful. >> jon: for more on this we have a congressional reporter for usa today. clearly the president and his advisors there are suggesting that democrats would be to blame if the government shuts down. democrats are not in control of the government right now. >> democrats are not in control of the government right now and while they're definitely a

question mark in the senate, in the house it's actually republicans, some of president trump's closest allies in the freedom caucus have not said they are yeses either. i had conversations with mark meadows last night, the chair of the freedom caucus and his aide said nothing has changed this morning. he said there are enough nos to sink it tonight in the house. >> jon: what do they want? >> the freedom caucus is sick of basically going on two weeks, three week chunks of government funding. they want clarity on what's next. they're asking for house leadership to outline a plan. here is what we're doing on immigration. we won't make a deal with the democrats. the freedom caucus is far rights and they don't want to be rolled over in later negotiations by their leadership. they are looking for clarity. whereas democrats want a solution on immigration. >> jon: you mention the two parties. the republicans seem to be the

raucous caulkous here. democrats march in lock step behind their leadership. republicans seem to be all over the republican map. any suggestion, any ideas as to why that is? >> part of it is just being the party in power. i think there is a brighter spotlight shined on you. it is a lot harder to get to a yes than to stand together in a no. we saw that with the obamacare repeal and tax reform. democrats were able to get in line but also the freedom caucus is really a problem for house speaker paul ryan. they are very vocal, they are close to the president. they have no problem pushing back against their leadership and it makes it really difficult to keep your party in line especially when they are constantly talking to the press and negotiating out in public. >> jon: you are there talking to the members of congress every day. what are your predictions. what the government shutdown happen? >> i really don't know. i think that's a sense here. i have talked to members that

said about 40%. not scientific. but they're saying it is higher chance than previous cr but they think in the end people will come in line. president trump is saying he doesn't want a shutdown. it is difficult to imagine his allies starting a shutdown at least tonight. i really don't know what happens with democrats tomorrow in the senate. we've seen a lot of undecideds. vocal nos, a couple yeses. the majority are undecided, publicly undecided now. >> jon: dancing on the bubble with a government shutdown. thanks for your expertise. >> fox news has learned that members of the house intelligence committee have voted to release the transcript of fusion gps co-founder's testimony glenn simpson. this is back from a november interview. so they're going to release that testimony apparently a full transcript according to

reports will be posted on the committee's website later this afternoon. did the president change his tune on the border wall? his chief of staff is saying one thing, the president is tweeting something very different. the political impact of that. a scare in the air. with the drama caught on tape. >> ladies and gentlemen, we expect to evacuate the aircraft quickly and safely if we evacuate. brace. i promise, to have and to hold, from this day forward

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it was put back into service. >> wow. all right, breaking on the border wall. some different views on the president's position. here is what is his chief of staff john kelly told our bret baier. >> this president, if you've seen what he has done, he has changed the way he has looked at a number of things and adjusted the way he looked at afghanistan, he is very definitely changed his attitudes toward the daca issue and even the wall. >> while the president tweeted the wall is the wall. it has never changed or evolved from the first day i conceived of it. joining us is michael starr, democratic strategist and attorney and con trib tore to the hill and kevin mcculloch. i'll start with you. he said it was a wall from one end to the other. now he is saying what we all knew which is that there are

places he wants stronger security from end-to-end but there are places where that doesn't actually mean a wall. >> only non-nuanced people. though that the. why would you put a wall where the ocean is at the border. you have mountains. >> they were pushing back against permanent border barriers all together. they fought it when bush was in office and tried to establish fencing along the same path. it is more trumpish to say a wall instead of a fence. >> it seems like we're on the same page. why would democrats say no to this? >> i don't know if donald trump is on the same page. >> at this second now we're on the same page. this second why would democrats say no to more enforcement and beefing it up and something

that seems sane and not crazy. >> democrats are fine with strengthening the border. it needs to be done while we're doing things making sure children have healthcare, making sure that wery affirm daca. we can balance those two. >> this was the thought that we could balance all of these things. now it doesn't feel like it because now you have the president saying this and then republicans offering chip as part of a short term budget resolution and they want to sit down on daca. >> the president tweeted something that confused whether or not chip is part of the deal and we've heard mark meadows say he isn't signing on to any deal that includes daca being included. there is no clarity. it becomes a problem when you have the president tweeting one thing and republican leadership tweeting another, jeff flake brought a bipartisan bill to trump saying he wouldn't sign it after saying he would sign anything that was brought before him. >> this is called sausage

making and public policy. >> do you feel like you're making progress and i think you're right about this. >> i think we're making huge progress. i think -- the wall is going to happen. the president is not going to yield on this. i think there will be some form of daca whether it includes chip or not i'm not sure. i don't know how children's healthcare has anything to do with border security. the president may just be saying we'll pull it out and look at that separately. we don't want to confuse the issue. his round table in the oval office in the white house last week where he had feinstein and durbin around the same table. not the meeting that happened later but the big meeting. he said daca and border security in part one. comprehensive an hour later after we pass it. he is committed to doing something about it. the question is are democrats committed to it? they keep moving the goal post and keep playing games coming back saying we're interested now but not sure if it will work. >> it's politics. that's how it works. everybody is playing games.

it seems like there could be a daca for border security deal because everybody gets something that they want and there is nothing in there that seems totally outrageous. do you think there could be a deal? >> absolutely could be a deal. jeff flake brought the deal in front of the president. >> that was a round about, though. >> we're getting ready to shut down. that's a real thing that is going to happen. >> hopefully not, we'll see. we didn't solve it. jon, over to you, we did our best. >> jon: how hi-tech help saved the life of two swimmers in a rescue that's making history. plus president trump not revealing his strategy for dealing with north korea. white house chief of staff john kelly says the president will not allow kim jong-un to threaten the united states and our allies. >> this is one of those things that landed on this president's lap and it's been in the process for 25 years. we've kicked the can down the road. the problem at this point in time is there is no road left.

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>> melissa: a drone comes to the rescue of two swimmers off the coast of australia. the dramatic rescue captured on camera. the drone dropping an

inflatable raft down to two teenagers caught in a strong current. lifeguards were holding a training session to save swimmers at a nearby beach when someone noticed the teens in trouble. the practice turning into a real life rescue. it is believed to be the first of its kind. both swimmers expected to be okay. that's amazing. >> jon: president trump not going into detail about his strategy for dealing with north korea. during an interview with the reuters news agency yesterday mr. trump said he is not ruling out diplomacy despite failed attempts in the past the president saying i'm not sure that talks will lead to anything meaningful. they've talked for 25 years and taken advantage of our previous presidents. he goes on to say we're playing a very, very hard game of poker and you don't want to reveal your hand. joining us now retired u.s. army lieutenant colonel daniel davis and senior fellow and military expert for defense

priorities. thank you for being here, sir. there is this notion going around washington that perhaps you could undertake a limited military strike against north korea, a so-called bloody nose strike to paralyze some element of their infrastructure or military capability and show them what we're capable of. what do you think of that notion? >> let me tell you flat out first of all there will be no war on the korean peninsula unless we start one with prevention action like an attempt at a bloody nose. it will not work. no doubt in anyone's mind we have the ability to destroy north korea. there is no need to do a bloody nose strike to show them that. they already know that. >> jon: then why is kim jong-un being so belligerent and threatening to inflame the united states in a sea of fire for instance? >> we have to be careful to examine exactly what he is saying and look at the reasons why. he is not using -- he is not

intending to use his nuclear power in order to threaten the united states in terms of an offensive operation. he has been very clear in numerous levels diplomatic and otherwise that says he wants it as a deterrent. he wants this to prevent the united states from attacking him. and i think that's part of our problem is that i think we have the idea that he is trying to get this capability so he can attack the united states. there is no evidence that he would be willing to do that which is why diplomacy and continuing to talk is so critical because we don't want to start the very war that we claim we are trying to prevent. >> jon: this president and others have said they'll never allow a nuclearized north korea. >> i hope they would set a different objective. it is not one that's value -- valid in terms of the reasons to go to war. you go to war because you are literally being threatened with attacks. for example, if we had intelligence that said he was preparing to launch a weapon

against the united states, that's a valid reason to use preemptive force. if he is not going to attack the united states, just having a capability is not a reason to go to war. because you have to understand you wouldn't succeed at taking away his capability. you would cause him to use it. that harms our own interests. we can't do that. >> jon: north korea and south korea have been holding talks, some have suggested that the south koreans are sort of allowing themselves to be taken advantage of and driving a wedge between our country and theirs. what do you think? >> nobody on the planet has more incentive for this to be resolved in diplomatic political and non-lethal ways than south korea. they would suffer more than anyone if it turns into a war. they also recognize the united states has been their closest ally and the reason why there hasn't been any conflict since 1953 when the armistice was signed. the idea they would put a wedge between us and side with north

korea over us is just not realistic. i think you see even within their own internal politics in the last couple of days there is plenty of people that say they are very angry and north korea and not go too far down the road here. we recognize our future lies with the protection of the united states and not with north korea. >> jon: interesting perspective. retired lieutenant colonel daniel davis, thank you. >> melissa: president trump taking his attacks on the free press to a new level announcing the winners of the fake news awards. we'll tell you who got called out. will the house intelligence committee get answers from steve bannon? he is back on the hill today for another hearing. >> if they are handing the entire case on steve bannon's credibility, good luck to the prosecution.

>> our position here at the white house is that we welcome access to the media every day. i'm standing right here taking questions. the president does so regularly. and to act as if we're anything but open to that back and forth exchange is utterly ridiculous. i know you are all waiting to see if you're big winners, i'm sure. >> and new information on those winners with the president naming cnn, "the new york times," abc, "washington post", time and "newsweek" as recipients in the fake news awards. the latest in president's war

against the media. howard kurtz is the author of a book media madness. kurtz is also fox news media analyst and anchor of media buzz. thank you for coming on, sir. i didn't get to see it myself. there were a lot of people disappointed it wasn't a well choreographed awards program. >> it was a low-key roll-out online no red carpet, envelopes, cocktail parties. these 10 cases were basically accurate. i have a couple of quibbles. abc's brian ross did falsely report that candidate trump had ordered mike flynn to get in contact with the russians during the campaign. turns out it was president-elect trump during the transition, which is routine. ross was suspended for a month over that error. cnn had the story they had to

retract and apologize for saying that trump advisor anthony scaramucci had a secret meeting with a russian. >> melissa: hang on for one second, hang on. >> jon: speaker of the house paul ryan at his weekly news address. let's listen in. >> yesterday apple announced 2500 $bonuses for its employees as well as the largest investment any company has made in response yet to tax reform. remember, this is not just happening in the biggest of companies as well. i was in north prairie, wisconsin, just last friday. i visited zero zone, a company that makes refrigerator display cases. we talked about how tax reform will help them expand and hire more people. these kinds of decisions are taking place across the country. this is such a change in the past year. now the conversation is about growing and expanding, now workers are coming home and telling their families they got

a bonus, they got a raise, better benefits. i mentioned just yesterday a worker at the chrysler plant came to my son's basketball game and told me how he will get $4,000 more as a result of the bonus and the tax cut. tax reform is working and helping to improve people's lives which is why we did it. next, i talked at csis this morning how critical it is we fully fund our military. it is the first responsibility of our government and right now this is an urgent responsibility as our military faces a serious deterioration of its readiness capabilities. unfortunately democrats don't seem to share that urgency at all. they continue to hold military funding hostage over unrelated issues and deadlines that don't exist. now they are threatening to shut down the government all together over these unrelated issues. it is just unconscionable. our men and women in uniform

need our help. they need these resources so they can do their jobs and do it safely. don't take my word for it. here is what senator schumer himself said in 2013. let me read you this quote. this is from senator schumer, quote, we believe strongly in immigration reform, we could say we are shutting down the government until you pass immigration reform. it would be governmental chaos, close quote, chuck schumer, october 6, 2013. this strategy is governmental chaos. i could not agree more. we should not be playing these games. the most responsible thing we can do is avoid that chaos and pass this continuing resolution that we are bringing to the floor. address the real deadlines that are here. the real deadlines by continuing the funding for our military, extend the children's health insurance program. instead of our men and women in uniform being treated like bargaining chips we can work on getting the resources that they

need. now, continuing resolutions are not ideal. that is why the house passed all 12 of the appropriation bills ahead of schedule before the fiscal year. the only reason anyone is even necessary, the only reason we had to pass the cr today is because democrats refuse to close on a spending agreement taking it hostage for immigration deal. again, the most responsible thing we can do for our military and country is keep the government open, pay our troops, put aside the games, move forward and continue to negotiate with each other in good faith. questions. >> wondering why your side can't pass this bill with only republican votes. i understand -- >> we're doing fine. i have confidence we'll pass it. i think members understand why on earth would we want to have a government shutdown, hurt the military and by the way a question on the military funds

ticking in in due time is not in anyone's interest. why we would want to feed the idea we should use our troops as bargaining chips in an unrelated deal. i think it's unconscionable democrats would walk away from chip and military for something that isn't a deadline. the states will be shutting down chip in days, alabama, connecticut, kentucky, louisiana, oregon, virginia, washington state. these are states that are running out of chip money if we don't get this thing passed. i don't know why should want to vote against that. >> if you don't think you could carry this bill only republican votes. >> i think the democrats should join us in passing this bill and i feel we're in a good place. >> you say chip needs to be renewed right away. the president doesn't think it should be included in the spending bill. how do you negotiate with democrats and your own members if you aren't sure where he stands.

>> he fully supports passing this legislation. i talked to him about an hour and a half ago after my speech. >> he tweeted this morning. >> i didn't see what he wrote. i spoke with the president. he supports passing what we're bringing to the floor today. >> i was going to ask you about the same thing because you say you didn't -- >> let me go to the next one. >> chip should be part of a long-term solution not a 30 day or short term extension. is that causing you problems? >> it is not causing us problems at all. yes. some states are doing fine, they have more money and some states don't and these short term packages don't fix those problems. you really do have states that are legitimately running out of money. the short term packages don't fix those things. these seven states there are other states that will run out of money. we figured out on a bipartisan basis how to renew and extend the chip program as a bipartisan program. >> does the president understand it? >> he understands chip.

>> broadly beyond chip the senate majority leader said yesterday he has concerns the president hasn't indicated yet what he is willing to support on a deal for dreamers. are you confident that you are clear on what the president would and would not support? >> yeah, the president wants a balanced deal. he wants man aoufshability. he said this at the white house event you guys were all invited into and you guys talked about. he wants to have security, he wants to have a balanced deal. the purpose of getting daca right is so that we fix daca once and for all and don't create a new daca problem we have to address 5 and 10 years down the road. the president is giving legislators room to negotiate but he wants a balanced deal. he made it clear the deal he was presented with by graham and durbin is not a balanced deal and doesn't support that. what i've been making clear we won't bring a bill through that the president is not going to support. what would be the point of passing something that doesn't go into law? we want to pass something that goes into law. what that means is we'll pass a

balanced deal. again, what does this have to do with our military? what does this have to do with preventing the children's health insurance program from shutting down in these states in a few days and making sure the men and women out there right now putting their lives on the line need what we can give them? what does this have to do with our funding for our troops? it has nothing to do with funding for our troops and we shouldn't use them as bargaining chips. i'm picking on front row people. i have to go to the back to the cheap seats. next question. >> because of what they said not knowing where the president is. last week you had to serve as translator in chief through tweets and again this morning. these are tough votes for you and tough votes for your conference. is it helpful -- do you feel

the president is helpful to the process of getting -- >> he is going to the pentagon today to make the point about why our military needs funding and he is supporting getting this done. the president likes to do things in an unconventional way. he does it with his phone. it actually does help us with our members. >> pbs news how. mr. mcconnell is making contingency plans for a possible shutdown. are you making those plans? >> i won't sit here and negotiate to the media. that's up to the senate democrats. if the senate democrats want to shut the government down, if the senate democrats want to deny funding for our troops and want to stop chip funding for unrelated issues, that's a choice they would make. i don't think it's a good choice for them to make but it is their decision to make. in the back. >> "time" magazine. this will be i guess the fourth time in as many months that you guys have had to pass a cr.

why is that? why -- >> do you want me to read my opening again? it's a legitimate question. i'm not trying to belittle your question. why are we doing this continuing resolutions? because senate democrats are not allowing appropriation bills to be brought up for a vote. because they are attaching unrelated issues to cap negotiations. so shouldn't we have regular order on appropriations? congress agrees on the spending level and congress funds appropriations to those levels. that is how appropriations are supposed to work. the house passed all 12 appropriation bills ahead of schedule this year. the senate hasn't brought up one appropriation bill. thals not mcconnell's fault. it takes 60 votes and the senate democrats are refusing to exercise the power of the purse and now they are refusing to get a cap agreement so we can get the power of the purse exercised. so we can fund the military and

fund things like basic healthcare and opioids. they are refusing to do that over these unrelated issues and that's why we are where we are. >> you are aware that senator mcconnell has not attempted to bring up an appropriations bill and the senate appropriations committee has not drafted -- >> i'm aware ever it because they know they don't have 60 votes. i wish they didn't need 60 votes because of that. >> to demonstrate the points you're making going to legislation. >> of course i would. i'm a house guy. i want to see the senate do more on the legislative calendar. they are pretty busy on the executive calendar trying to get personnel through. i sympathize with their problems but i would love to see people have to vote on these things. >> what is your take to national security lawmakers who worry that every day cr damages the military? >> the cr is not good for the military but what is worse for the military is a government

shutdown. what's even worse for the military is a government shutdown followed by a sequester which is what would happen if we don't pass the cr. we have also passed anomalies. we pass things in the crs that give the military the flexibility they need during the time of the cr to do what they need to do but it is clearly less than ideal. i gave a speech this morning about this. but what we know for a fact, you can ask secretary mattis the same question, is that not passing a cr is much worse and much more damaging for the military especially when it's followed up with sequester. >> mr. speaker, we've been talking a lot about senate democrats. i want to be clear on the house and where you get the votes for the cr in the house. is it coming from defense hawks and freedom caucus members? are you expecting democrats to help? >> we're making good progress with our members and our members are understanding the gravity of the situation. our members do not want to reward using the military as a

hostage in this moment. >> republican members, to be clear? >> jon: speaker of the house paul ryan explaining the state of play of the continuing resolution, the attempt to keep the government open. will it be successful? we aren't exactly sure. the clock is very much ticking now on that vote, whether or not the government is going to remain open after midnight tomorrow. let's get a closer look from somebody who is there who is going to be there for the vote. i'm joined now by republican congressman of arizona, also a member of the freedom caucus. the freedom caucus has been something of a burr under the saddle of the house speaker, how it is portrayed in the media. how do you see it? >> i think we're helping. we see cr is not helping our military, jon. we are constantly putting men

and women at risk and seeing deaths according to the military in regards to not fully funding them. so, you know, the closer we get to a march deadline that the president imposed with the immigration and you put a funding bill, the more leverage you get for the democrats. we want to get this party on. we want to get this show on and fully fund the military and make the senate make those votes. america needs to understand what the gravity is being held out by arcane rules in the senate and we want to see get done. get it on. >> jon: you are talking about the filibuster. you would like to see that eliminated? >> i want them to take the vote on not funding our military and the s chip and everything else. america needs to understand the problem that we've got is faced with the minority in the senate. so let's make them cast that vote. manchin and heidi heitkamp and all those that are running for reelection in states that the president won, it's time to get

that on. go early, go big and go now. >> jon: you think that freedom caucus members would join other house republicans in passing something out of the house? >> absolutely. that's the key. i'm done. i think the american public is done with pussy footing around with the senate. that's the key is that we have to make people be big boys and girls and take votes. >> jon: what about the senate democrats contention that daca has to be part of any funding legislation? >> it's not. we promised the american people to build a wall, no amnesty and everything else. and we are going to live by those agreements. you have a conversation about immigration, it shouldn't be attached to a funding bill and it shouldn't be used as extortion. from that standpoint if that's what you want, then let's get it on right now because the leverage is on our side. do it now, don't wait until the very end the last moment when bad deals are done. let's do what the american

people sent us to do, pass budgets, fund our military and have the conversation about immigration. >> jon: we'll see what happens this afternoon and tomorrow at midnight. >> the other thing people fail to realize the president has got a lot of keys. if the democrats want to shut it down he can make everything in the centralselves. business goes on as usual. let's know the rules of the game we can play to make sure that the american people and our military win. >> melissa: interesting. >> jon: representative republican of arizona. >> melissa: congress has to pass a funding bill to avoid a government shutdown and soon. we'll talk about the republican plan for a vote later today. manolo! you're so cold, come in! what's wrong? it's dry... your scalp? mine gets dry in the winter too. try head and shoulders' dry scalp care it nourishes the scalp and... ...keeps you up to 100% flake free head and shoulders' dry scalp care

>> coming up on "outnumbered". big questions on capitol hill for the former chief of staff who fired f.b.i. director james comey. asking questions about that. on that memo exonerating hillary clinton on her email investigation drafted before key witnesses were ever interviewed and about political bias at the f.b.i., remember those anti-trump text messages between the two agents? they were having an affair. >> we remember. backlash against senator jeff flake from his own party after his scathing speech criticizing president trump's relationship with the media on the senate floor yesterday. whether his antagonism is hurting the party's agenda. >> and we have somebody "outnumbered" in the middle. you'll find out who that is at the top of the hour. see you then. >> melissa: the budget battle that could force the government shutdown less than two days from now could impact our military, jennifer griffin is live with more on this. >> president trump has been

meeting with his joint chiefs and defense secretary for the past hour here at the pentagon. he arrived to be briefed on the new national defense strategy which secretary mattis is rolling out tomorrow and the nuclear posture review adding low-yield tactical nukes and badly needed upgrades over the next 30 years. all these plans the president is being briefed on today will come to nothing if congress can't come up with a budget deal. the president addressed the cameras on his arrival at the pentagon warning the military would be hurt most if there is no deal. >> if for any reason it shuts down, the worst thing is what happens to our military. we're rebuilding our military and making us -- bringing it to level it's never been at. the worst thing is for our military. we don't want that to happen. >> in an unusual move the speaker of the house paul ryan spoke at a washington think-tank how dire the

circumstances are for the military if the deal doesn't get done. he wasn't always a defense hawk. the moderator said in all his 30 years in the defense world, it was the first time he had seen a speaker of the house make this kind of plea for defense spending. >> the defense budget is being held hostage for daca, which is not a deadline that expires tomorrow. good faith negotiations are underway right now but we should not be be holding hostage the military for this. >> congress is likely to pass another short term spending bill to fund the government but that doesn't get the military its desperately needed new jets and repairs to ships will be slowed, melissa. >> melissa: thank you. >> jon: meantime the house intelligence committee hearing from former f.b.i. director james comey's chief of staff with the focus on the hillary clinton email scandal and the drafting of that exoneration memo. what lawmakers are learning.

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>> sandra: market is down got to watch the close today on fbn. >> jon: going to be fascinating. >> julie: outnumbered starts right now. >> harris: it is go time. fox news alert on that critical vote this afternoon. house republicans are trying to pass a bill to avoid a government shut down. the deadline to reach an agreement is tomorrow at midnight. top democrats are against it because it does not include protections for some illegal immigrants. some conservative republicans are also against it, may vote no. a short time ago president trump said a shut down would hurt the economy and the military. this is outnumbered. i'm harris faulkner. here today sandra smith. the editor of town hall.com katie pacheco listen. former deputy spokesperson for the state department marie hamp and outnumbered this hour the editor and chief of the weekly standard and fox news contributor steve hayes is here. great day to have you. >> good day to b