whitewater and the mack renna was sweeping dance floors. stay tuned for the breaking coverage of the shutdown. tucker is up next. >> ♪ >> ♪ >> tucker: welcome to tucker carlson tonight. a confidential top secret government memo could offer proof that the obama administration did spy on the trump campaign. donald trump jr. will join us here on that and more. plus, big news today. news that may shape american history going forward. the state of california has ordered its citizens to hinder federal law enforcement. to disobey federal law. the attorney general of california will prosecute american citizen who refuse to do and help the government

maintain our borders. hours away from a government shutdown. ed henry has the latest. >> the house passed a bill to keep the government open until february 16th. the senate will vote in just about 2 hours. the latest vote suggests that would fail. that would mean the first government shutdown since 2013. the last thing president trump wants is to mark his first year in office this weekend with a government shutdown. there is a feeling among some of the president's top advisors at the white house tonight that maybe chuck schumer the senate democratic leader overplayed his hand making this all about daca and falling into a narrative to save 800,000 young people who were brought to the country illegally, he is willing to shut the government down. that's why the president and his aides tried to brand this as the schumer shutdown. something that is taking hold on

social media tonight. particularly the president tried to show he is taking charge by summoning schumer over to the oval office this afternoon for a 90-minute talk. the senator left that meeting saying they made some progress. that was many hours ago. we have not seen that progress. from the white house side of it tonight, our reporting suggests for my colleague john roberts that schumer has other demands. the bottom line is barring some last-minute deal, this vote is expected to go down at 10 o'clock and lead to a government shutdown. that will lead to a scramble to try to come back to the table and stop that shutdown over the next few days. the white house looking at this poll that came out late today

from cnn when people were asked what they preferred. avoiding a shutdown got 64% and renewing daca got 34%. so the white house thinks the democrats overplayed their hand. >> tucker: you think? thanks a lot. there is so much news, it's hard to keep up. something significant happen in the state of california. the attorney general there sent a warning to employers and said defy the federal government or you will face punishment. california has more illegal aliens than any another state. he threaten ed punishment to citizens who follow federal law. that's a threat to the basic integrity of the united states.

how basic? a famous supreme court decision. the court held because of the federal government is supreme to the states it's unconsitutional for the states to sabotage valid actions of the federal government. that was decided in 1890 and been law for almost 200 years. a lot of things we take for granted rest on that case. one of the most important supreme court decisions in our history. if you ignore it, the u.s. false apart. that's not an overstatement. if you follow this lead, any state could nullify any federal law it doesn't like, what would happen? that means tax laws and inter-state commerce and foreign trade, abortion, and guns and you name it. the country would descend into chaos. keep in mind, every state also maintains its own national

guard. it happened to us once. liberals used to worry about things like this. the media hyperventilated because a nevada rancher tried to defy a federal land use law. they cheered as a county clerk in kentucky went to jail for refusing to grant gay marriage lesses. those cases were nothing compared to this. he ordered his seasons to secede with him. we fought a civil war 150 years and the democrats lost. they want to help a foreign population that has no right to be here. a lot of people have talked about daca and illegal immigrants. we asked every one the same

question. the only question that matters. how does any of this help american citizens? every night we ask that question. we have not received a single coherrent answer. not one. do you think that you have an obligation to represent american citizens first above people who are here illegally? >> i represent by citizens very well, tucker. >> tucker: let's try the second one. in each specific case, if you are an immigrant here, simple, prove you are producing more than than you consume? would you be for applying that standard? >> i am for the american people. i am for republicans and democrats coming together. >> tucker: you are not for that standard? every parent worries about the cost. why would this help the citizens of new jersey? >> did you say we should throw

them all out. a half million people and deport them? >> tucker: you won't answer my question because you don't have an answer. they don't care what the answer is. helping americans is not the point. illegal immigration makes their donors richer and ensures their reelection. it's destroying the country we grew up. rebecca kaplan joins us tonight. you have the attorney general from the state of california threatening to prosecute citizens for obeying federal law. doesn't that sound like something that happens in the mexico and not the united states? >> i think your point about the importance of protecting our citizens and community is well taken. the reason i introduced the resolutiona the oakland city council pass to not have our

policework on immigration is because we have real crime in our community. diverting our resources away from fighting serious crimes to participate in immigration rings. >> tucker: employers who follow federal law, i am askinger what you think about immigration, that's the beginning of chaos. you can see that? >> depending on how it's used it could be. we heard serious cases of employers hiring undocumented immigrations and threatening to turn them in and not pay them. >> tucker: that's one reason i

am against illegal immigrants because is exploits workers. that's not what the attorney general of your state said. he said if you follow federal immigration law, we will prosecute you. i don't think you have to be crazy to imagine how other states might decide okay, we will prosecute our citizens for following federal tax law or abortion lous. -- laws. this could result in a civil war? >> i respect your concerns. that could be abused. we haven't seen any cases brought. there could be cases where it is justified. what we passed in oakland is not an obligation on private citizens. it's a direction to our own taxpayer funding law enforcement. >> tucker: i get. it i had that debate a million times. we could have it now. this seems much bigger to me. it is your state. he is a fellow democrat with his

eyes on the white house. he is well known. it seems like he stepped over a line where he is not behaving as attorney generals typically do. he is declaring independence from the rest of the country. does that worry you? >> well, certainly, i worry when law enforcement steps over the line. that's why we in oakland were so concerned when ice agents tore apart a family in west oakland and sent a young man for deportation who was not accused of any crime and caused great harm to our community. >> tucker: i agree there are lots of federal laws i don't like. i don't like to see them enforced because i don't like them. however, i don't challenge the legitimacy of the law and the federal law enforcement or the congress of the united states because that would result in civil war. that's what your attorney general just did. i am giving you an opportunity

right now to say to him, don't do this. don't secede from the rest of the united states and do this. it's a crazy thing to do. do you not agree? >> well, i think there is very much concern in our community about the over-reach of ice and their explicit. >> tucker: or come on. i am being respectful. i think you are a smart person. this is bigger than whether a family in oakland was hasseled by ice. this has to do with the staying together of the 50 united states. do you think it's okay tomorrow if the attorney general of idaho said we won't respect federal gun law and we will allow people to buy hand grenades. how would you feel about that? >> i am concerned about the flood of illegal guns in california. >> tucker: come on, don't be a robot. give me a real answer. whatever i say, you give me the

bumper sticker. being a human being with me. >> i worry about law enforcement. >> tucker: your chief law enforcement official in the biggest state in the union saying i will prosecute for following american law. you don't think that's huge? >> i think there could be a case that could be problematic. >> tucker: oh, man. >> i have a question for you. you believe in the bible. >> tucker: don't give me the bible thing. i am not here to talk about my religious beliefs. i am talking about the intreeegy of the republic. you are ignoring. we are out of time but i appreciate you coming on even if you refuseed to answer a single

question. chain migration is central to negotiations over immigration. a huge percentage of immigrants come here because they have relatives here. jessica vaughn took a look at those numbers. give us a sense of how key chain migrati migration, how central is that to our immigration patterns? >> well, it makes us more than half of immigration. >> tucker: so most? >> it is most of immigration. the fastest growing part of immigration. certain categories of chain migration are not limited like family preferences. the parents of u.s. citizens come in, in unlimited numbers with no waiting period. there are more and more of them coming every year. we have been able to trace the pattern of immigration from

certain countries where it started off with the lottery being one of the main forms of immigration. over time chain migration starts to dwarf any other kind of immigration. it's got a built in momentum. that's driving growth in our immigration system. it's ensuring that the immigration flow we get is basically the same kind of people who came before. we are letting yesterday's immigrants choose tomorrow's immigrants when it's based on chain migration. that's not a logical way to run an immigration system. >> tucker: well, that's it. it doesn't sound by your description that the u.s. government and citizens are in charge of who comes here because of chain migration. >> that's right. immigrants are in charge of who comes through chain migration. e when you have the lottery

driving chain migration. we have countries from all over the world who previously did not send many immigrants and scheibe chain -- chain migration increases the numbers and develops a life of its own and momentum of its own. this is one of the key things that needs to be addressed if there is an immigration bill. if we do a daca amazon.com. -- amnesty. the people who get that amnesty 700 thousands people who now have daca or the 3 million who are part of certain other plans by senator durbin. their parents would qualify. that would do you believe -- double the size of immigration.

>> tucker: chain migration is the debate. thanks for making that clear to us, jessica. appreciate it. there is a memo making the rounds of congress. it's all anybody in washington talked about all afternoon. members who read it are shocked and say it's a smoking gun that proves the obama administration did spy on the trump campaign. donald trump jr. next. each year sarah climbs 58,007 steps. that's the height of mount everest. because each day she chooses to take the stairs. at work, at home... even on the escalator. that can be hard on her lower body, so now she does it with dr. scholl's orthotics. clinically proven to relieve and prevent foot, knee or lower back pain, by reducing the shock and stress that travel up her body with every step she takes.

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>> ♪ >> tucker: last spring president trump was ridiculed and dismissed as a lunatic for tweeting out that the obama administration had wiretapped his campaign before the 2016 election. this was denounced as a lie and delusion. maybe it wasn't. a 4-page memo details pre-election abuses of fisa that allows the executive branch to encage in the surveillance of citizens and was reauthorized by the congress. republicans are demanding the memo be released. they are joined in that by the acl aclu. a congress who has seen the memo join us tonight. you are bound by law not to divulge details of the memo. give us a sense of your reaction to the extend you and tell us

why it's a big deal. >> within the last 2 hours, 63 of my republican colleagues joined me in sending a letter to the intelligence chair man nunes to hold a vote of the intelligence committee to release this memo. i believe once the american people have the opportunity to evaluate the allegations and claims in this memo, it will become evident. the activities of the last administration, the crimes i believe were committed and the sham that this mueller investigation is built on a false premise and rotten to the core. >> tucker: the president of the united states tweeted months ago that he believed he was surveiled during the campaign. will this memo boltster this point? >> well to respond i am duty bound not to do. that i can't talk on television tonight about things we discussed in the past. this memo names, names.

it connects the players that folks are familiar can. names and organizations in the news. it's note worthy that every single democrat on the intelligence committee voted against allowing me to see the memo. the republicans overrode that vote. even today democrats are refuseing to go to the intelligence committee room and, vail themselves to the information in this memo. i want to blow past the red tape. the best disen fectant to the corruption in this memo is the sunshine of transparency. >> tucker: you believe this memo points to illegal activity by the u.s. government but it's illegal for you to say what it is? >> well, until we alter the

current classification. right now it's a top secret document. i think heads will roll and people will be fired and some may go to jail. >> tucker: top secret is designed for self-preservation. congressman, hope you get this out in the public where it deserves to be. >> thanks, tucker. >> tucker: in the obama administration did spy on president trump's campaign, one of the main targets may have been donald trump jr. he join us. they can't tell us what is in this document. what do you make of this? >> it sounds troubling to me. obviously, this has been a witch hunt, the greatest since the salem witch trials.

the only collusion and only thing discovered is what the prior administration and all of them have done. the irony of this is if republicans conducted themselves the way i have seen the democrats conduct themselves, we would be reading on every newspaper and every tv channel. we are more honorable than them. it sounds disturbing. i don't know what is in it. if these guys are saying people will get fired and may go to jail, i think the american people deserve to know. they have been led down a road to believe x. sold a bill of goods about our campaign for 18 months. the media was complicit in help the dems do this. it was actually them. we need more information. >> tucker: i think that the president as the authority to declassify documents. do you think that would be a good idea in this case? >> i think it would be a

phenomenal idea. a took a 20 minute meeting that would be standard practice in the campaign. i did 23 hours of testimony to put things in perspective. hillary clinton as secretary of state did 11 on benghazi where people died and she lied and said it was about a video and we lost an ambassador. how are those things the same? it's the double standard that the people are fed by the democrats in complicity with the media. that's why neither have any trust from the american people anymore. we have been transparent. >> tucker: we would benefit from this memo. do you believe your campaign was spied on by agencies over seen by the obama white house during the campaign? >> what i have seen and learned over the last few months borders

on disgusting. there would be little doubt in my mind. this is the stuff you read about from the banana republic. i would like to know. none of the democrats can't want to even see it. if it was the other way around, wouldn't there be a lot more outrage from the media. wouldn't they read about it once on cnn? they would rather cover that donald trump had an extra scoop of ice cream and rather question a doctor appointed by the obama administration saying the guy is in phenomenal shape when you like it or not. they question that as tv quack doctors than talk about the issues that affect real americans. >> tucker: what do you think the

democrats who say their only aim is to get to the truth. why would they not want to see this memo? >> because they have no actual interest in the truth. they went all-in with this contrived russia thing based on the documents. they needed it to be true. it wasn't if it was true or what happened. they needed it to be true. their entire narrative for 18 months, their entire credibility. everything they told to the american people on every tv channel for 2 years has been based on the fact that this is gospel, this is true and now it turns out to be nonsense and it was them and the prior administration doing shady stuff. that's earth-shattering and

disgusting. the american people should be upset. this is what happened. you better believe it because we will stick it and ram it down your throat for 2 years. >> tucker: i heard from a member of congress who is not a hot head. a moderate guy. he said he saw this and shocking. maybe the white house will declassify it. that might be a great education. donald trump, jr. thanks for coming on. i appreciate it. >> thank you. >> tucker: government shutdown hours away from right now unless congress can work out a last-minute agreement. negotiations are going on. we will have updates on them next. [drip. drip.] need a change of scenery?

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great. place your order and experience the leesa mattress at home risk free. order now and get $100 off and free shipping too. go to buyleesa.com today. scrambling to hash out a deal to stop a government shutdown. the congressman from idaho join us. two questions. what will happen and what ought to happen? >> what is going to happen i believe or likely to happen is that we are going to have a short-term cr. where it's 4 weeks or 3 weeks. >> tucker: a continuing resolution to fund the government? >> the democrats are desperate. they thought they the upper hand in these negotiations and felt they were going to win. they started to realize the american people were turning against them. if they shutdown the government

because of illegal immigrants, i don't think anyone will stand with them except for their base. you can see desperation with chuck schumer going to the white house. i believe even at this time they are having a conference with all of the senate democrats and talking to each other. i think something will happen. what should happen is we should have a full government funding for the rest of the year. we need to stop playing these games. >> tucker: right. >> we have done 4 crs in the house of representatives. we passed a funding bill about 6 months ago. the house of representatives has done their job. we decided we wanted to fully fund the government. we did everything we needed to do and the senate continues to piddle around and do nothing. it's frustrating. not just to democrats but the republicans in the senate. they need to change their rules. they need to figure out how it is that we will be able to get 51 people to vote for a funding bill.

we should not be subjected to the democrats demands on every funding bill every time. we have all three branches of government. we have two houses and the white house. we should be able to do this. >> tucker: you don't have to tie daca to funding the government. >> you don't. >> tucker: the democrats want to do that? >> right, they want to shutdown the government to put the priorities of the illegal immigrants ahead of the american people. we need to make that clear to the american people. i told the president and my leadership that daca is not something that has to happen. we have a deadline of march 15th. but there is no deadline. daca doesn't have to happen. funding the government has to happen. >> tucker: that's the order of the priorities. most people would agree on both sides. congressman, thanks for the clearest explanation i have heard. i appreciate it. the left is treating the shutdown more seriously than a

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designed to quickly wick away moisture to help maintain your skin's natural balance. for a free sample call 1-877-get-tena. >> ♪ >> ♪ >> tucker: well the federal government does shutdown quite a bit. , in fact every weekend and dozen of federal holidays. much of the left is treating the shutdown as an epic crisis. senator feinstein of san francisco warned without the government people die. joe, the 2 things we know about government shutdowns are. it's a disaster. the fall of rome and i that are the republican's fault. have we learned anything new? >> rome has fallen if we look back on recent history. 18 times since 1976 there was a

government shutdown under the democratic and republican administrations. it used to be the boy who cried wolf. now it's the boys and girls born between 1945 who cry wolf. bernie sanders right before republicans were trying to repeal and replace obamacare, this is what he said. as republicans try to repeal the affordable care act. 36,000 people will die yearly as a result. even the "washington post" fact checker gave that 4 pinnochios, but the media ran with that saying people would die. you played the feinstein clip. we have nancy pelosi the minority speaker of the hours. -- of the house. she said if the tax reform goes through, kiss life on earth good-bye. human sacrifice, dogs and cats

living together. if she added that it would have meant more. >> tucker: the media is partisan. it would be the most devastating documentary ever made. >> if she retires, that's gold right. there. >> tucker: no question. >> when you cry wolf enough, you know the old story. people stop listening. >> tucker: can you ask you a question. i can't control myself. there are media reports that cnn is in talks to run espn. the declining sports property owned by abc. do you think those reports are true? >> it could be true. jeff got his start at nbc sports. when he was like 24-year-old.

espn is owned by disney. that's a detect competitor with turner on turner sports and tnt. -- would he take on espn a sinking ship? that would not be a good decision for the cnn president. >> tucker: thank you. great perspective. mexico is coming apart at the seams thanks to drug cartels. maybe a wall on the border would insulate us from that. joerj didn't agree. stay tuned. so rocket mortgage is easy! mmm hmm. they've simplified the mortgage process.

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>> tucker: the mexican drug war has become a lot bloodier than most americans understand. it's never covered here. here are the facts. more 23,000 people were murdered in mexico just last year as drug cartels fight each other and the mexican government. drugs continue to pour across the american border in massive amounts killing tens of thousands ever americans. fear of letting this into our country is one reason the trump administration called for a border wall. not everybody is on board. we discussed this issue with jorge ramos. here it is. when last we spoke you said the u.s. has 11 million illegal immigrants within its borders because of supply and demand and it's america's fault these people were here.

they were lured by jobs. but the flip side the remittance goes back to mexico. mexico needs american money sent back by illegal immigrants here. why shouldn't we blame the government of mexico for that? >> well, first ever all i don't call them illegal aliens. no human being is illegal. >> tucker: if you they are here illegally, they are illegal. >> you can use it if you want. >> tucker: it's the legal term in u.s. government documents. >> i will go the moral point of view. you should not call anyone illegal. >> tucker: except those who are illegal. i won't be billedbilled -- bulld call them what they are. the government of mexico could not do without them.

>> they get billion dollars from mexicos in the united states. but undocumented illegal immigrants are here because we need them. you might not want to admit. they are supply and demand. when you go to a hotel or a restaurant, we are served by them. >> tucker: i know you are big on lecturing americans on their failings, but what about the failings of the mexican government. they don't serve its own people but it's 100% america's fault and not the fault of the mexican government that uses illegal immigrants as a pressure relief valve. >> i think you chose the wrong guest to defend the mexican government. i have criticized them for decades. it's really corrupt. more than 20,000 people have been killed because of violence in mexico. we will have elections in mexo to july 1st and i hope that

changes. i am no one to defend the mexican government. there is a lack of democracy and transparency. >> tucker: you are saying our illegal immigrants are at fault. the single largest source of heroin in mexico. why shouldn't we be angry at the government of mexico for allowing this to happen here? >> well, because there is a different waying seeing that. you see it as mexico is responsible for the drugs coming to this country. the way people in mexico and columbia and other latin-american countries, they see it as as long as you have 25 million americans who use illegal drugs it's the problem of supply and demand. it doesn't matter what you do at the border and have a huge wall.

drugs will keep coming. >> [overlapping talking]. >> tucker: if you flood a communicate with illegal drugs, does drug use go up? the answer is yes. >> [overlapping talking]. tucker, if you have 25 million americans who use an illegal drug in the last month, what are you going to do? [overlapping talking]. >> tucker: if a dropped a ton of heroin into your zip code, do you think you would see a higher rate of heroin addiction? it would be my fault. >> not only the fact that you drop it, but the fact is people are asking for that. >> tucker: oh, 15 years old are desperate for cheap heroin. let's be honest. not building a wall is not making the problem better.

people are dying as a result of it. >> the wall would be useless. >> tucker: how do you know that? let's look at walls from history. how many are useless? >> i will give you just a few arguments. 45% of all undocumented illegal immigrants come by plane or with a visa. >> tucker: what percent? >> 45 percent. you can check it. >> tucker: i think that number is right. but there are still half a million people apprehended at the border every year on foot. that doesn't account for people who made it across. you have hundreds of thousands of people coming across with no wall. you have tons and tons of drugs. why is it immoral to try to stop that? >> because the idea that you are giving your audience and that president trump is giving the american people is that we are being invaded by mexico.

that more mexicans are living in the u.s. >> tucker: i am saying tons of drugs and hundreds of thousands of people. tons of heroin and hundreds of thousands of people are coming across. many would be stopped by the wall. why is it immoral to put a lock on our front door? i don't understand. why should we be scolded for protecting our own country? >> i agree with you. every single country has the right to protect your borders. >> tucker: but you are arguing against the wall. >> the wall that president trump wants to build would be useless. there is no invasion from mexico. it's not true that hundreds of thousands of people are coming to this country. the undefeated population has remained stable in this country for the last decade. >> tucker: we don't know what the undocumented population is?

>> we. >> tucker: they are here illegally. there are more than 10 million here illegally. >> 11 million. >> tucker: say 11 million. those people are living proof that we don't have control of our border. i hope you can sum it up in one sentence. why is it a bad idea to build a wall to stop some percentage of those people and some percentage of the heroin when every other wall in every other country on planet earth ha has an effect in stopping people and drugs from getting into the country it separates? i don't understand. >> because it's a myth to believe that the border right now is more insecure. it's a myth. as long as you have consumers who use drugs in this country, drugs will come through the port of entry or tunnels.

>> tucker: let's build the wall and then you can come back. thank you for joining us. new information from investigators on the las vegas shooter stephen paddock. what they said next. with advil's fast relief, you'll ask, "what pulled muscle?" "what headache?" nothing works faster to make pain a distant memory. advil liqui-gels and advil liqui-gels minis. what pain?

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we enjoyed every minute. tune in monday and forever after. to the show that the sworn enemy of lying. have a terrific weekend. sean hannity is next. >> sean: fox news alert. welcome to "hannity" on a busy friday night. the clock is ticking to avoid a government shutdown. congress has a procedural schedule vote within the hour. the outcome is uncertain. also tonight we will debunk all of the lies, the hysteria in the media over the potential shutdown and expose the democrats for their hypocrisy on this issue. and major developments in the biggest abuse of pour in our generation. it's a scandal so big it is making watergate look small and insignificant. sarah carter is reporting that congressional republicans are lining up to see the classified me