>> jeff sessions, over a two year period, we will vote to reopen the government to continue negotiating a global agreement. >> if we have learned anything during this process, the strategy to shut down the government over the issue of illegal immigration is something the american people didn't understand. >> trump is a racist, that is why there is a shut down. ♪

>> you are watching thoughts and friends first from the streets of new york city. let's get to our top story. a lot to talk about, and to keep the doors open for just three weeks, now the race against the clock to pass a budget and immigration deal is on. jenkins live in washington dc with the work that needs to get done and it needs to get done fast. >> they are open for business but just for now. the 3 day shutdown ending with another continuing resolution keeping the government open until february 8th, the president tweening last night,

big win for republicans as democrats cave on shutdown, big win for everyone including republicans, democrats and daca and military and border security. the deal was reached after republicans assured chuck schumer they would soon consider legislation to protect those dreamers. >> after several discussions, offers, counteroffers, the republican leader and i have come to an agreement, if an agreement is reached by february 8th the senate will proceed to consider can legislation dealing with daca. >> the vote was 81 to 18 with 15 democrats plus bernie sanders voting against ending the shutdown. two republicans joined them, the house quickly approved it leading -- lawmakers returned to

the drawing board, and the president's priorities. >> something the president committed to do, the other 3 components, like having this worked very well. >> can they get there? only 17 days until another government shutdown and that clock is ticking. thank you. another big story we are following, no stone will be left unturned. jeff sessions vowing to get to the bottom of key fbi texts, gop lawmakers for a second special counsel launch. kelly right in dc, this is remarkable. >> this is sounding more like a book or movie with political

intrigue but this is not fictional, the characters in this are real and damaged the integrity of the fbi. attorney general jeff sessions confirmed fbi agent peter strzok and lisa paige exchanged more than 50,000 text messages 2 years. the justice department will leave no stone unturned in searching for them. they want to determine if any collectivity took place. >> wiener second special counsel to get to the bottom of all this. >> republicans are still concerned about possible corruption in the fbi leadership, with the insurance policy and meeting in the office. authorities want to believe the path you throughout for

consideration in andy's office, is no way trump gets elected. i am afraid we have to take that risk. goes on to say like an insurance policy in the unlikely event he died before you are 40. some lawmakers are concerned that certain fbi agents were operating a secret society meant to discredit donald trump. >> you have this insurance policy in spring of 2016 and the day after the election, what they didn't want to have happen is a text exchange between these two fbi agents, supposed to be objective fact centered fbi agents, a first meeting of secret society. >> >> to determine if the missing

texts, if there is another one. if it unravels what will take place for the foreseeable future. >> much more about this and the actual timeframe in question. >> pushing relief of the four page memo allegedly outlining jaw-dropping abuses by the obama administration. judge into napolitano says the american people have a right to know whether the pfizer authority is being used or abused. >> don't know how many more blows the doj which is headed by republicans, donald trump can take before the president decides it is time to change leadership. i don't know if it new independent counsel will be necessary but i'm curious in congress can see these things and the rest of us can't.

look at the timeline on this memo. republicans in the house intelligence committee knew of this and fat on it while congress was voting to expand authority, shouldn't congress have been told about these abuses which were known and testified to so they could be informed before they decided? heather: the judge andrew napolitano said the timeline is doubling saying house republicans were aware of the content before congress voted on the pfizer bill but didn't comment on it until after it was reinstated. now to a fox news alert, frantic search underway at this hour for five people missing after a series of fiery oil rig explosions, more than 20 people in oklahoma when the blast went off shooting flames and black smoke into the air. it took hours to put the fire out, 17 employees were rescued, one rushed to the hospital with an american hero found dead

inside their home, indiana police now saying walter bryant junior and craig died. a suspect is under arrest, they are not saying how. 78-year-old bryant was a decorated veteran awarded two purple heart after being wounded in vietnam. >> a true american hero, american patriot. >> bryant served 21 years in the army. secretary of state rex tillerson meeting with senior french officials in paris today discussing global issues like tension in north korea. also helped launch the international partnership against impunity or use of chemical weapons. that will put pressure on russia while protecting the assad regime after rex tillerson visited london and toward the new us embassy emphasizing the importance of british american

relations. a lot of work getting done. donald trump continuing to make good on his promise to help american manufacturers. >> we are going to bring your jobs back to our country and create millions of new jobs. heather: the imported solar panels, and the tariff would create 45,000 jobs, washing machines will be taxed up to 50%. he dazzled millions on new year's eve, it may be one of neil diamond's last times on stage. ♪ sweet caroline ♪ good times never seemed so

good ♪ heather: the rock 'n roll hall of fame are announcing he is retiring after being diagnosed with parkinson's disease, the 76-year-old was midway through his 50th anniversary tour and hopes to continue recording music. we wish him the best. the time is 10 minutes after the top of the hour. remember when james comey insisted that hillary clinton did nothing wrong? >> our view is no charges were appropriated in this case. >> brand-new revelations about the infamous announcement. next guest was following the clinton case from the beginning and the dates are key to the investigation. we just learned what took so long to let the people of hawaii know about the missile alert, that it was a mistake. how it all came down to one person forgetting their twitter password.

going to pot, the state the just legalize marijuana without a vote at the ballot box, stay with us. ♪

>> a mexican uber driver in the us illegally could face life in prison for raping, assaulting and robbing at least we for young women, and nunez would take payments to disguise his identity and records, he has pleaded not guilty. facebook allowing and isis supported to repeatedly post propaganda. 31-year-old abdul rock superman is accused of posting clips

showing executions and children being brainwashed to fight. he made the post that encouraged attacks against the west. facebook suspended his account several times only to be reinstated. he is currently on trial for violating the terrorism act. back home, attorney general jeff sessions vowing no stone will be unturned or left unturned as republicans demand answers into how thousands of text messages between the removed fbi agent strzok and lisa page went missing as bombshell texts suggest attorney general lynch knew that hillary clinton would not face charges before she even met with the fbi. strzok claiming timing looks like hell. that is awful timing, adding it is a real profile encourage since she knows no charges will

be brought. gop strategists and gender and has been following this from the beginning and joins us now to weigh in. thank you for joining us. let's begin with that text and what that means to you. >> we sit here and talk about politics a lot, some days we have fun and joke around, the topic matter this morning could not be more grave, looking at these text messages. all the banter back and forth, it is clear that everyone in the fbi meets at the high levels of the fbi in advance that hillary clinton is not going to be prosecuted for her wrongdoing. how ironic this case really began over 33,000 missing emails and now we have 5 months of missing text messages, donald trump gets criticized for saying that the fbi is losing confidence with the american people and now --

heather: very clearly, she knows no charges would be brought on july 1st. these missing text messages, 50,000 of them, which is insane, between december 14, 2016, and may 17, 2017. a lot of key events happened during that time. >> awfully coincidental these missing text messages happened to occur at the time the trump dossier was published, prepared by the british by christopher steele. also what happened was peter strzok interviewed michael flynn who has fled in this case. this is a significant development, significant period of time. what also happened in this time period, james comey was fired as director of the fbi and the end date of the missing text

messages, guess what else happened, may 17th, the day robert mueller began the russia investigation. >> a technical glitch that caused it, definitely going to look into that. let's move to the second topic, i want to bring this up, this is what adam schiff had to say in terms of why americans should not see this memo. americans wouldn't understand it. listen. >> the american people don't have the underlying materials and can't see how distorted and misleading this document is. it is a disservice to the country. heather: this memo said to be jaw-dropping, people demanding that it be released, he says you don't want to release it because you wouldn't understand it. >> yes we do, it is called the united states constitution. that is the underlying material

and that guarantees the government does not spy on its own people. i believe this is worse than watergate, this isn't just a slogan. you have as a fisa warrant, system set up so the us government can monitor foreign citizens, not on us soil. >> the allegation is the obama administration used it to spy on the trump campaign and the transition team. that means not only were they using an weapon i think our intelligence against political opponent, someone they didn't like but they actually used it against someone who was duly elected by the people of the united states of america. this truly is worse than watergate. if you think back to watergate, some folks breaking into the dnc offices, this blows watergate out of the water. >> chairman nunez said, violating the foreign intelligence act concerning opposition research dossier on

donald trump and russia, much more to develop on that too, two huge stories, thank you for coming and, appreciate it. a terrifying threat as terrorists make it their mission to take down a passenger plane. the move the tsa just made to stop that happening and what it means for you. he may not be running for office but raise hundreds of thousands of dollars for his fake campaign. what will kid rock do with that money. carly shimkus knows and is here to fill us in. it is a good thing. ♪

>> chuck schumer is feeling the heat as democrats cave on

immigration fight ending government shutdown. john legend says the only reason it happens because donald trump is a racist. carly shimkus with serious xm 115 is here with the shutdown showdown going on. >> not a good day for chuck schumer. the feeling is he fail by agreeing to end the government shutdown and exchange for a vote on immigration down the road. cnn's jim acosta characterized the situation tweeting trump world and white house sources dancing in the end zone, trump went again, senator schumer and dems caved, gambled and lost, the washington post says we wait democrats spin how this isn't a cave. finger john legend characterized the situation different the saying this about donald trump

and republicans. >> trump is a racist, he doesn't want more brown and black people which is why he talks about these countries, that is his whole mo. a significant portion of the republican party, that is why there is a shutdown. >> he and his wife are outspoken trump critics, schumer appeared ready to roll up his sleeves tweeting the trump's account will end soon but the work goes on. >> let's talk about a frequent contributor on fox, created this video going viral about being a gay conservative. a fox news contributor, a lot of viewers know who he is and a viral video getting a lot of attention where he says not sexual orientation defines him. >> i am a christian, patriotic american and free-market shrink government conservative who happens to be gay. when it comes to my political believe my orientation is only

one part of the story, not the totality of who i am. >> that video has been viewed a quarter of 1 million times on youtube, one person tweeting this is an important video and i sincerely hope people watch it. a lot of people watched it. another twitter user says great video, guy, you are great american getting a lot of support. he will be on "fox and friends" later today. one of my favorites, jim ross, donating a lot of money, not good reason to love him. >> he had the fake senate campaign last year but he actually raised real money while doing it and just revealed he is donating that money to a republican vote that permits voter registration. all the money raised was sent directly to the republican national committee action. the total is approximately $100,000. all that money has gone to that

organization. >> thank you, appreciated as always. the time is 26 minutes after the top of the our. as california dives deeper into sanctuary state a new voice now calling it criminal. >> the puppet of jesus needs to come to california and literally arrest, indict for breaking federal law. >> the man ready for to reverse sanctuary state laws and restore law and order and the schumer shutdown over for now but what happens in three weeks when the money runs out again? will democrats take donald trump's dreamer deal seriously? a political panel to debate it? ♪

jillian: welcome back to "fox

and friends" first, 4:30 on the east coast, the tsa tightening security on certain flights from the middle east over terrorism threats. an emergency order requiring 6 airlines from five predominantly muslim countries to submit data on the cargo entering the us including names of who is sending and receiving it. the tsa says the countries were selected because of willingness by terrorists from those nations to attack. desperate search is underway to find a woman missing at sea. officials say the 44-year-old was seen going overboard while the triumph carnival cruise ship was in the gulf of mexico. this comes just days after another woman told of her death on a different kind of bulls. neither victim has been identified. the neighbor accused of attacking rand paul, prosecutors are pushing for him to spend 21 months behind bars, nothing to do with politics.

instead, over yard maintenance that boiled over. we are also hearing the kentucky lawmaker's 911 call for the first time after the alleged assault, listen. >> what is your emergency? >> i was assaulted by a neighbor, i would like the police to investigate. >> were to be a self happen? >> in my yard while i was mowing the grass. >> that is a leaving rand paul with several broken ribs. a russian spy ship is spotted 100 miles off the coast of north carolina just days after it was seen leaving trinidad and tobago. the vessel has a variety of high-tech spy equipment designed to intercept communications ignores was the u.s. navy is tracking the ship. it is unclear where it is heading but the ship has traveled up the east coast near cape canaveral, florida to new london, connecticut. the public at have known sooner about that missile alert. the governor forgot his twitter

password. somehow david making the embarrassing admissions reporters saying he couldn't inform his followers sooner because he couldn't remember his access code to twitter. the false alert causing statewide panic, took official 38 minutes to correct mistake after an employee hit the wrong button. it is back to business, donald trump signing a deal to end the shutdown and keep the government-funded for three more weeks. the president tweeting this, big win for republicans and democrats cave on shutdown. and i want a big win for everyone including republicans, democrats and daca but especially for our great military and border security, should be able to get there, see you at the negotiating table was what can we expect next? trump advisor and a higher democratic state senator, thank you for joining us this morning.

i will start with you. what do you think? do you think negotiations will be better this time? we only have three weeks? >> i think it will be even more difficult than it was coming into the government shutdown and here is why. the democratic base seems very upset with chuck schumer, they feel as if senate democrats didn't get enough out of this deal and it is showing that the government shutdown is a tactic to negotiate is really a failing tactic so what we are going to see, great that mitch mcconnell has agreed to hear these daca specific build in the united dates senate but there's going to be even more pressure on democrats to get more, have more of a pure bill and once it gets to the house we will see if it does get that far and even more polarized environment with democrats digging in and

republicans who see this as amnesty digging in more. we may be right back where we started. heather: what can donald trump do to move it forward to you three weeks, 17 days. >> we are in a different place than we were last week. the democrats now are lacking one of their negotiating tactics which is a shutdown. i don't see that they can do a shutdown again. chuck schumer was proven right for 2013 when he said you shouldn't told the american people hostage for legislative issue, shouldn't to be dealt with as a part of funding the government, he was right back then and proven right by donald trump. the president demonstrated that he means what he says and says what he means, do not shut this government down and he was able to out leverage the democrats so look. not much leverage coming to the table. i think the present is big magnanimous by saying let's get back to the table. he is sticking to his primary

points in dealing with daca, ending the visa lottery system commanding change migration and building a law and securing our border. those things if they are not present he won't negotiate. heather: i want to follow up, what the republicans have as a negotiating tool since they have given up chip? they added that a this continuing resolution, that is what democrats wanted? what will republicans have to use to negotiate in terms of strzok? >> it will stick with the president's plan which is you know the president's priorities, more republicans will back the president, we are not going to go with the graham durban proposal that expands chain migration and expands the number of people covered under strzok -- daca. they have the power to be able to back president's agenda and i

think more of those swing state democrats up for reelection this year are going to stay on the republican side. they have those votes as well. >> you know firsthand about the swing state democrats. >> i think the votes that folks like joe mansion to keep the government open is a different kind of phones and voting for daca, republicans have the majority but you need those votes to get anything out of the united states senate so i think actually we are going to see more of a bipartisan collaborative effort in the senate when it comes to strzok against specifically taking the debate of more comprehensive immigration reform out of this. we might actually see tangible results out of the united states senate, with red states and more moderate republicans the real battle is going to be in the house where everybody is going

to go to their corner and not give an inch. >> we don't want to run into the problem we ran into this time around with the military not being affronted. >> republicans have the president to thank for giving the much greater leverage. a much greater advantage for republicans for the next 3 weeks. >> the art of the deal alive and well. we will see. >> let's hope for the sake of the people. >> have a great day. >> 20 minutes until the top of the hour, detrimental to democracy. facebook admitting the social media may not be good for the country but decided to prevent meddling in the 2018 midterms. >> switch jobs, takeover tv, since you are such an expert in ratings and i take over your job, and people can sleep comfortably again. >> don't touch california, that message to donald trump from the governor himself, arnold schwarzenegger taking aim at the president.

>> the candidate for california governor, once the state attorney general arrested, travis allen telling tucker carlson attorney general is threatening to find employers if they comply with federal law and provide employee information to us immigration. >> he has crossed a line. this is now a criminal offense, the moment of justice needs to come, sessions and trump need to come to california to literally arrest, indict him for breaking federal law. >> the new law prevents workers of any immigration status from being detained at workplaces. it is now legal to get high the green mountain state. lawmakers passing a law allowing

recreational marijuana, the first state to legalize pot through legislature instead of letting voters decide. this brings the number of states allowing recreational marijuana to nine along with the nation's capital. now to foxbusiness alert, detrimental to democracy, facebook admitting the social media platform may not be good for the country. what the site is doing to wipe out election meddling ahead of the 2018 midterms. >> facebook said it cut off or no assurance that social media was good for democracy but said it was trying to do anything it could to stop alleged meddling in future elections, this comes from a facebook post by product manager who said 126 million people did see posts by russian

agents during the 2016 election and facebook could have done a better job to prevent this. this comes as facebook recently announced they would be doing a credibility ranking of news reports that would be ranked by users of facebook. >> let's move on to united airlines, super bowl coming up and they are expanding service in minneapolis. >> united wants to get fans to the end zone, minneapolis, to celebrate the super bowl so they are adding more flights, right now they offer 26 flights to minneapolis from a tub so they will be adding 16 additional flights saturday, february 3rd, friday, february 2nd. some of these flights will be coming from rhode island, philadelphia, boston, all over the country and if you do want to get to the super bowl average prices for a ticket about $7000.

minimum price, $4500 just to get into the stadium. it will cost if you want to see the rematch of the 2005 super bowl. >> the vikings were hoping to go in their hometown but, oh well. netflix adding a record 8 million subscribers. i am one of them. >> that comes from netflix's quarterly report that came out yesterday. 8 million subscribers worldwide, most from international subscriberships so this tripled their profits and send shares soaring yesterday, $100 billion market, this is huge for netflix which has been on a tear. i have been binge watching, stranger things, and on to other things. that helped boost their viewership. heather: thank you, appreciate it. a screeching halt when a star

gets attacked on stage. the insane fight at center stage was caught on camera you can see. while schools fight to ban prayer and after our bible studies one state wants to bring the bible back to the classroom. our next guest is a pastor who says the bible isn't just about faith but is a legitimate history lessons it everyone needs to hear. ♪

>> the state department dishing out more taxpayer dollars for

gender identities in kenya. the study suggests ideals of masculinity are contributing to extreme terrorism was the proposal blames kenya's patriarchal society of tough heterosexual men for problems in a developing country. research on fathers and community leaders specifically. students at an ivy league school can get $10,000 for starting a conversation. princeton university is offering students grants to hold lectures or workshops on identity and difference through the campus contributions on identity programs. qualifying topics include inclusion, ally shift and social contract. on this, the bible battle is heating up in one state where a new bill would give public-school students a choice to learn about history and literature using texts from the bible. joining me to break this down, both sides of the argument,

thank you for joining us. let's take people through what we are talking about. the state of iowa would allow a high school, the influence of the testament, to endorse, promote anything, explain what that means. >> i think it is a great decision. the bible, all of literature, at least western literature in one way or another points to the bible. you can't read shakespeare without coming across a bible verse. machiavelli, all these books, the bible is an excellent tool for people to look at history, how kings were made, a great book people can study heroes, people that have come out of

slavery or walked from a farmer to a leader, different people in leadership areas like kings and princes, how people can examine their lives, governor lives. >> teaching it is history, that is religion. how to use separate those two? >> i remember i was invited to icicle in new york and they asked me to teach a leadership class. i'm a pastor so i will teach leadership but let me use some examples from the bible and they said why not? we started to walk through different characteristics of people that lived across geographical lines. lines you can see starting from the beginning, these are not made up characters, you can go to these sites. i took my children into turkey to visit these different areas of the bible. >> we were discussing the

geography, a lesson you can learn, as we continue the conversation looking at other states, 7 other states passed laws supporting literature courses so seems to be a movement. >> some people want to say i don't want to discriminate but discriminating from that literature is actually like you were saying i am scared of this or this can really affect me but if you look at values today we have gone from hard work to material wealth. we have gone from hard work to comfort, we have gone from understanding things like patriotism, civil action to looking at different values of my comfort, my safety, my independence. these are good things for

children to read for people to understand, the impact it can have in this great nation. >> i would like to come here it. thank you, that was awesome. before we get to that, we need this to tell people about. over the weekend fox news suffered a tragedy in our family, brian stirling, a video operator collapsed during his shift, later passing away. he leaves behind his wife, lori, his 16-year-old daughter and 13-year-old son and countless friends at fox. after nearly eight years as a vital member of our operations team. you couldn't meet a nice a person, always had a smile on his face. our prayers go out to brian's entire family and friends, he will be missed.

>> a comedian blasting a comedy club for like of protection after he was brutally attacked on stage. he was performance after liner when a man in the front row started swinging.

heather: the man tried to attack with a barstool and was escorted offstage by other attendees but it wasn't over yet as he tried to come back for a second round, no word on what caused the attack, brown was not seriously injured. donald trump and arnold schwarzenegger's ongoing feud got bigger, the former governor of california lashing out telling the commander-in-chief if he wants to drill, do it off mara lago. don't touch california, follow california's lead and go green and we can all breathe easier, the trump administration announced a plan to allow offshore oil and gas drilling in almost all us coastal waters. o.j. simpson once the goldman family to leave him alone. simpson it is tired of ron goldman's grieving father dragging him to court every time it looks like simpson is making a little bit of money. the disgraced former football

star still owes the goldman family $71 million after he was found liable for the death of nicole brown simpson and ron goldman. that wraps up this hour of "fox and friends" first, i will see you tomorrow, "fox and friends" first continues now. goodbye. heather: is tuesday, january 23rd, no stone left unturned, the shocking message just uncovered and the probe just launched by attorney general jeff sessions after months of missing fbi texts. >> we will vote today to reopen the government. >> the strategy to shut down the government over the issue of illegal immigration is something the american people didn't understand. >> the 69 our government shutdown over as democrats cave in the immigration fight, donald trump signed a bill to fund