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 the

government, the clock is ticking as congress only has two weeks to reach a deal on daca and immigration. outrages the nfl says no to a veterans group trying to run a super bowl ad encouraging players to stand. "fox and friends" first continues right now. ♪ ♪ >> that was the day in new york city. i bet they are on right now.

rob: there is a lot to do in the next couple weeks. thanks for starting your day with us today, straight to our top story, no stone unturned, attorney general jeff sessions vowing to get to the bottom of how key fbi texts between anti-trump agents simply vanished. jillian: gop lawmakers demanding a second special counsel launching an investigation. kelly wright joins us with details. >> this case is sounding like a book or movie filled with political intrigue. this is not fictional. the characters are real and damage the integrity of the fbi. attorney general jeff sessions confirms fbi agent peter strzok and lisa paige exchanged more

than 50,000 text messages for two years, some of those texts are missing. sessions without the justice department will leave no stone unturned in searching for them. lawmakers want to know if any criminal activity has taken place. >> we need a second special counsel to get to the bottom of this and answer the questions we have. >> reporter: republicans are concerned about corruption in the fbi's leadership referring to this text that reveals strzok's reference to an insurance policy and meeting in andy's office, went on to say, throwing out for consideration in andy's office, there is no way trump gets elected, but i'm afraid we can't take that risk. goes on to say that like an insurance policy in the unlikely event you die when you are 40. that and others have lawmakers concerned certain fbi agents are operating a secret society meant

to discredit zen candidate donald trump. >> you have this insurance policy in spring of 2016 and the day after the election, the day after, what they didn't want to have happen there is a text exchange between these two fbi agent, supposed to be objective fact centered fbi agents saying perhaps this is the first meeting of the secret society. >> reporter: the director general is investigating this, if it was a deliberate effect, won't be a lot of trouble for these two agents. as well as besmirching the integrity of the fbi. >> a big story this morning, the public good have access to the memo that details the obama administration's alleged abuse of the foreign intelligence

surveillance act. according to the washington examiner house judiciary chairman robert goodlatte and trey gouty weighing the fate of the report with the intelligence chairman devon nunez, the report once more lawmakers to have a chance to read this memo, four pages long before making a final decision. republicans hoping to release what they call that jaw-dropping memo on surveillance abuses, matt gates has seen the memo himself, he believes the american people deserve it as well. he believes obama spying on the trump campaign think it actually be worse than watergate. >> it is no longer disputable a pro hillary clinton anti-donald trump bias has infected the fbi and the united states of america is in jeopardy as a consequence. you laid out a great timeline, there are even more damaging fact to come. that is hard to believe but trust me, around the corner we

are learn even more about how infected this investigation is, particularly the mueller probe. in august you had strzok and page saying they would be the insurance policy. the american people i never going to believe that two days after barack obama -- the intelligence community on donald trump, that all of a sudden these text messages went dark and happened to reappear in come alive the day after robert mueller is elected special counsel. it would be the coincidence of all coincidences. >> the process of releasing this memo could take 19 congressional working days. jillian: fox news alert, a massive earthquake shakes alaska sparking synonymy watches and warnings in hawaii and down the west coast, the 8.2 magnitude

quake lasted more than a minute, no word on damage or if anyone was injured, we will keep you posted with more information, the government shutdown is over, donald trump signing off on a deal to keep the doors open for three weeks, the race against the clock is on. griff jenkins is live in washington dc with the work that needs to get done fast. >> it is over but the clock is ticking, don't crack the champagne, donald trump signed a continuing resolution to give the government open until february 8th tweeting late last night a big win for republicans as democrats cave on shutdown, a big win for everyone, should be able to get there, see you at the negotiating table, deal was reached to reopen after republicans in the senate assured chuck schumer they would consider legislation to protect the dreamers. >> if an agreement isn't reached by february 8th, the senate will

immediately proceed to consideration of legislation dealing with daca. >> the vote was 81-18, voting against ending the shutdown, two republicans joined them, rand paul and mike lee. the house approving leaving house leaders trading barbs. >> now the trump shutdown will end but republicans wasteful incompetence continues. there is a dark cloud over the capital. >> the shutdown did not need to happen. it inflicted needless costs on the country. there are no winners here today. >> reporter: as lawmakers return to the drawing board sarah huckabee sanders making clear the president's priorities. >> we know that will be part of the negotiation of the president committed to do but we don't want to do that without the other components it doesn't work

very well. heather: the money runs out in 17 days. heather: the door for peace in the middle east is more open than ever as mike pence wraps up his overseas trip. in an exclusive interview with shannon breen, the president's decision to declare jerusalem the capital of israel. >> dating and recognizing the obvious, jerusalem is the capital of israel. bringing parties back together. >> in an address to the israeli parliament, the embassy will open at of schedule, by the end of next year. earlier this morning like pentel the bilateral meeting with the

israeli president. jillian: meeting with senior french officials discussing tensions in north korea. and the international partnership with the use of chemical weapons. it comes a day after at tillerson visited london where he toward the new us embassy. >> two american astronaut set to walk in space today for the first time this year, scheduled to fix a robotic arm on the international space station. >> and catch on mind cargo ships, the mission starts in two hours. a second spacewalk is scheduled for monday. it is 10 minutes after the hour, younger and more violent come of the ms 13 gang's new threat meant to beef up bloodshed in the us. >> a live look at the capital

building, the lights are back on but a new deadline is fast approaching. the can has been kicked yet again. democrats and republicans meet on immigration and all this. jillian: protesters setting the symbol of freedom on fire, a patriotic police officer stepped in. we will show you. ♪ breathe freely fast with vicks sinex.

my congestion's gone. i can breathe again! i can breathe again! vicks sinex... breathe on. >> donald trump signing a deal to end the government shutdown and keep it funded for the next three weeks. he twoed big win for republicans as democrats cave on shutdown but i want a big win for everyone including republicans, democrats and daca but especially our great military

and border security, should be able to get there, see you at the negotiating table. what needs to happen at that table to avoid another shutdown. our panel this morning, managing editor katie frist and democratic strategist michael starr hopkins. thanks for coming in. you feel quite passionate about this. it certainly seems the democrats have caved in here. do you agree with that and why did that happen? >> the democrats absolutely caved. once the shutdown happened it was important for democrats to stand firm. we offered the wall, funding for the wall and didn't guess what we needed back. 8000 daca recipients need protection and don't have it and

democrats are left, paul ryan and mitch mcconnell -- heather: i was shocked to hear from the meeting in the oval office that schumer offered the wall and something was taken. i don't know what happened in a meeting and maybe we never will. what do you think about developments here and how this came to a close, were you shocked? >> i was. let's be clear, the democratic senator who did not vote for this, they are willing to hurt daca if it means refusing trump a win. they don't want to compromise or give any legislation victory, a win for republicans, that honestly is pretty disgraceful from these senators they are willing to hurt these immigrants if it means hurting trump. rob: a lot of the ones you mentioned in this smaller group,

running for president and the left wing of the party. a lot of criticism of this, the left side of the party, the left wing of the party controlling the party, creating the shutdown over something the moderates didn't think was necessary. 30 democrats voted to of the government back out, they lost their backbone in this deal, the decision from the party saying this is not the hill we should be dying on to shut down the government over illegal immigration. >> i don't think it was tied to one certain thing, democrats made a bad habit of selling out their base. it will be hard to get turnout up if democrats continue to do that. president obama made a promise to daca recipients and that promise hasn't been fulfilled. if democrats want democrats to turn out in 2018 they have one choice, stand with the base.

rob: the possible offer that was given to the wall, in exchange for daca and some other things, now that the budget is out of this negotiation and is simply an immigration negotiation do you think the president gets the wall? >> definitely lost a lot of their arguing tools especially in opening up the shutdown, no longer have that a hangover republican heads. we never are going to know what was said in the friday meeting but this is a win for trump if he does want the wall in terms of having something to hold over democrats. >> do you think the wall happens? >> i do, i don't think we will build it from the mexican border but we will upgrade security. rob: we have a few weeks to figure this out and we will talk

about all of it. >> a terrifying threat, terrorists make it their mission to take down the passenger plane. the move the tsa made and addressing the elephant in the room, a talking stick to talk about reopening the government, the breakthrough the nearly happened in her office. ♪ [ click, keyboard clacking ] [ keyboard clacking ] [ click, keyboard clacking ] ♪ good questions lead to good answers. our advisors can help you find both. talk to one today and see why we're bullish on the future. yours.

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>> welcome back, patriotism rejected, outrageous the nfl says no to a veterans group trying to run a super bowl ad

encouraging players to stand. >> the social firestorm, the optics don't look good. >> a veterans organization wanted the ad you just saw to be part of the upcoming super bowl program. brian mccarthy, the super bowl game program is designed to commemorate and celebrate the game, players teams and the super bowl, never been a place for advertising that could be considered by some as a political statement. and considering using other phrases. and please honor our veterans, and never responded. is causing a firestorm, this veteran will be rejecting the

nfl and the super bowl as a return of their favor. and the conscience won't allow it. and violating free-speech rights and veterans will be honored. >> watching the eagles game. and it is still very much a thing. >> what about a police officer? >> members of antifa as you see burnt american flags over the weekend in philadelphia, this happened in philadelphia, patriotic police officer, respectfully the burn flight left on the ground received a crisp salute from a philadelphia police officer who then

collected to consider a happy ending to the story. >> susan collins. susan collins forced lawmakers to use a talking stick here during government shutdown negotiations, the person with a talking stick, and and it is a lighthearted moment. that is how the government

shutdown ended. and breaking get this moment, a massive 8.2 earthquake, millions of americans with a synonymy warning. >> we will talk more about that. james comey suggested hillary clinton not be charged. >> we are expressing no charges are appropriate in this case. rob: brand-new revelations about that famous announcement and there was some fibbing going on in that speech, next speech. the lid off the email scandal, joining us live with his take on the missing fbi texts, five month worth. don't believe this story. ♪ they think it's theirs. look at them, they have no idea! it's not theirs.

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>> tsunami watch, repeat, tsunami watch. the national weather service has issued a synonymy watch from florence, oregon to crescent city, california. rob: fox news alert, a huge earthquake, 8.2 strikes near alaska in southern alaska and triggered fears of a tsunami. jillian: tsunami warnings on the west coast. locals say they felt their homes shaking when the 8.2 quake hit. local reporters saying emergency officials telling people to get to higher ground. rob: schools opening their doors for anyone who needs to evacuate. janice team, that is a huge quake. >> we are getting information, half an hour ago. what i am hearing is washington

to california, british columbia to alaska, potential for significant inundation and it is expected or occurring because of that 8.2 earthquake just offshore and a shift in the ocean basin is why we have potential for water, a wall of water to come onshore. we don't have a lot of information, the watch and warning has been issued, coastal flooding possible as we are expecting waves to continue after the initial wave moves in. in some cases we won't have a lot of time to get to higher ground. that is why the national weather service issued the synonymy watch and tsunami warning, an area that could feel earthquakes in the ocean here, that triggers the potential for a tsunami but we don't have a lot of information, sometimes these preliminary reports are more dangerous than it actually is.

we can't give you expectation how big the tsunami wave is going to be or waves occurring after this. this is something we have to watch throughout the morning and we are hoping this isn't as significant as it potentially could be. rob: there is no rhyme or reason to them, sometimes you can get a synonymy and see nothing at all. >> we don't know this is a powerful earthquake that could trigger a life-threatening dangerous situation so we are on top of it and will keep you up-to-date. jillian: congressional republicans calling out the fbi for blaming a technical problem for five once a missing texts between officials in the clinton email in russia investigation. >> of course we need a special counsel to get to the bottom of

this and answer the questions we have. >> the doj will leave no stone unturned in searching for all these missing things. jillian: words we go from here, joining us is tom, thank you for joining us, you say not to believe this story. >> i don't buy that the texts are missing, judicial watch is found, low was learner's emails were missing, they really weren't missing, they were on backup tapes. hillary clinton says she doesn't have her email, turns out the fbi was able to recover 72,000 pages of those deleted or otherwise hidden emails. law enforcement techniques, can be recovered. and information to the fbi bureaucracy to figure out how

technically. to recover and restore and preserve any evidence, not just these two that i'm concerned about, other top fbi officials including mister comey, the number 2 at the fbi who is currently still there and recovered by this. . rob: we heard insurance policy for a couple months now, a phrase between peter and lisa page regarding how to prevent a trump election, what the speculation could be, now we heard secret society as a text message only trey gowdy has read, who knows what that could be? the timing is interesting, until the day robert mueller was assigned to look into this stuff.

that is the window all these messages have disappeared. >> the information during that time, you had the dossier being leaked, james comey showing donald trump, comey being fired, you had general flynn being ambushed, with an interview by the fbi at the white house by peter strzok and mister mueller being appointed, the last day the message was captured. the question what needs to be done in terms of criminal activity, criminal investigation, general sessions needs to take this seriously, he wants to get to the bottom of it but facing a raid. paul manaforte accused of raiding his home with guns

drawn. and law enforcement over there, and the text messages. >> we have seen a lot of text messages, between peter strzok and lisa page. and peter strzok says the pressure really starts to finish, the fbi, the clinton investigation, lisa page says it sure does. we never have. we look at the text messages that have been revealed, and the public is able to make a judgment and opinion on this. there are months of text messages that are gone. what do you think the public is supposed to think of this? >> the most charitable investigation, clinton text messages that came out, there

was much in the way of political sensitivity what was going on with the clinton investigation. they felt pressure to close out the investigation, the less charitable interpretation is we need to finish this up so hillary can beat out trump who we don't like. i don't understand why these agents are still at the fbi. if it was anyone else they would be washed out of the fbi. this is so frustrating because director ray is protecting andrew mc caleb and robert mueller, special counsel, removing this gentleman from the investigation in july of last year without telling it for four five months, there is a big ethics issue with robert mueller and the fbi with handling these text messages and how they handle the trump and clinton

investigations generally. >> we get a bit more and this investigation happens, thanks for joining us this morning, we appreciate it. jillian: the tsa heightening security over terrorism threats. an emergency order requiring six airlines from predominantly muslim countries to submit data on cargo entering the us, the name of who is sending or receiving it. and willingness by terrorists to attack. rob: a plea deal in the works for a neighbor accused of stacking grandpa prosecutors pushing for renée to spend 21 months behind bars. nothing to do with politics. instead, over that tip, this was over yard maintenance, that he says boiled over and it wasn't political although he is a

democrat, we are hearing he confronted lawmakers 911 call for the first time after the alleged assault. >> what is your emergency? >> i was assaulted by a neighbor and i would like police to investigate and talk to the neighbor. >> where did the assault happen? >> in my yard while i was mowing the grass. rob: the alleged assault leaving senator paul with 7 broken ribs. >> the public could have known sooner about the false hawaii missile alert but the governor forgot his twitter password. he made the embarrassing admission to reporters saying he couldn't inform his followers sooner because he couldn't remember his access code. it took official 38 minutes to correct the mistake after an employee hit the wrong button. 39 minutes after the hour, chelsea manning officially

launching her senate bid but is it legal? the rule on the books that could cause a wrinkle in her plan. >> the man who accidentally texted a cop looking for part. ♪ high above me ♪ i switched to geico and got more. more savings on car insurance? a-ha. and an award-winning mobile app. that is more. oh, there's more. mobile id cards, emergency roadside service... more technology. i can even add a new driver... ...right from her phone! geico. expect great savings and a whole lot more.

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or it isn't. for those who never settle, it's either mercedes-benz certified pre-owned, or it isn't. the mercedes-benz certified pre-owned sales event. now through february 28th. only at your authorized mercedes-benz dealer. rob: gruesome murders and terrorizing communities with drugs and violence, now we are learning is 13 wants to shed more, fbi officials saying the gag wants to send younger and more violent members to the united states as a trump administration crackdown on their game, they mostly operate out of prisons in el salvador, 10,000 members of this gang inside the united states. donald trump is one step closer

to building this wall. >> we are going to build the wall. don't even think about it. >> he promised it enough, the trump administration waving 30 environmental rules to speed up construction of the wall in new mexico. romantic republishing a notice saying the waiver would allow the administration to replace vehicle barriers with fallen walls on a 20 mile stretch of border and it is being negotiated. jillian: chelsea manning taking to twitter to confirm her senate bid. >> we can do better. we stand right, we got this. jillian: could her political run the illegal. at new england law, a closer look at the campaign.

is this illegal? >> the dod directors, and running for political office. with express waiver permission, and being convicted, their sentence has been commuted and technically still on active duty in what is known as excess leave while her appeal runs. she is still a soldier in the united states army. >> the dod director you were referencing is a regular member on active duty under an order to active duty for 270 days may not be a nominee or candidate for civil office unless the secretary grants permission. do you think she will get permission? >> don't know if she will even ask permission was whether she will get permission is an interesting question. there are circumstances where

permission has been granted and the main consideration is whether or not it would affect the soldiers active duty service. in chelsea's case she is not performing any military duties at this time given her status but there is a possibility that based upon that the secretary could grant permission to run for office. i don't know if there has been evidence of this request. >> do you think she should get permission? >> interesting issue. i don't think the army has any interest in keeping active duty service so this might be a case where the secretary would decide given her status, it is unlikely she would ever return to active service, would be a situation where permission should be granted. i don't know what other consideration the secretary should make on that but this is a case where they would grant

that. >> this was given to the daily caller. the statement is manning is currently on leave tending -- and on active duty. but in an unpaid status. you can see she is confused about her status and saying i'm not on active duty, this is weird conclusion based on the fact i have a court-martial appeal in the works. where is the confusion? >> technically she is still on active duty, the notion or program is not uncommon. soldiers who are actively serving a period of consignment that exceeds to what enlistment would be, in chelsea's case, waiting for her appeal to run, active duty, her confusion stems from the fact that she's not drilling or performing any services but that does not

change status on active duty. jillian: we will see how this plays out. rob: 47 minutes after the hour, facebook doing some soul-searching, the social media site rethinking it relationship with democracy. jillian: pete exist live in montgomery, illinois having breakfast with friends. >> reporter: don't talk to me about the game on sunday, don't do it. i couldn't hold back. breakfast and friends with "fox and friends," this election was never about the pundits, but about the people in montgomery, illinois. just outside chicago the big city you are new about, come out and join us, great food. we are going to ask people this

is a high tax state. i was trump's tax plan affecting voters here. what do they think about the schumer shutdown? donald trump, the debate and discussion continues which i don't want to know what folks were paid to be pundits think about it, i want regular folks telling me about whether or not donald trump is making the right moves, improving their lives and making america great again, if you folks here, it is early, cut some slack but a preview, my uncle todd is a businessman who does have a point of view. he will give his sense how the president is doing, don't miss it on "fox and friends". we actually filed a claim with usaa to replace that spoiled food. and we really appreciated that we're the webber family and we are usaa members for life. stay at la quinta. where we're changing with stylish make-overs. then at your next meeting, set your seat height to its maximum level.

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>> a big story here, massive 7.9

magnitude earthquake triggering fears of a synonymy up and down the west coast. >> tsunami warning. >> y and the west coast under severe watch and warnings, waves predicted in any moment. >> it was an 8.2 downgraded to a 7.9 by the geological survey, emergency officials telling people to get to higher ground to avoid the water, schools are opening their doors to anyone who needs to evacuate from a coastal home. foxbusiness alert, facebook admitting the social media platform may not be good for the country. >> what the site is doing for

election meddling. >> facebook said it could offer no assurance the social media site was good for democracy, this is it is trying to do all it can to stop meddling by russians or anyone else, this comes from a facebook product manager. and 126 million people did see posts in the previous election. facebook said -- rated by users and also said previously they would hire 10,000 people to keep an eye on this. hopefully in 2018 we won't have this problem. >> the united airlines expand service for the super bowl, there are flights available. already they offer 26 flights to minneapolis, they will be adding

16 more friday, february 2nd and saturday, february 3rd from all around the country, from new york city from boston, philadelphia, rhode island, everywhere. jillian: if you get there it is pricey to get a ticket, visitseat.com average price of $7000, minimum 4500 to get to the stadium. >> i would not be surprised. >> who doesn't want to go to minnesota in february. >> rum buying petrone, $1.5 billion, one of the largest liquor deals we have seen in many years. this is an increasing popular business, tequila. they want to get into this as

well. they are distributing petrone and wants to increase sales. jillian: we will be right back. ] [ keyboard clacking ] [ click, keyboard clacking ] ♪ good questions lead to good answers. our advisors can help you find both. . .

jillian: well, eagle eyes. eagles fan who went viral for slamming into a subway poll ipole is okay. now we are getting a brand new look at his epic fail. >> oh. oh. rob: he is messing around trying to get everybody

riled up. the man's wife telling "fox & friends" he shook off that nasty hit. he was kind of goofing around. he did need to get to that game. i don't think he thought he was going to make that train. he was running late. "fox & friends" starts right now. go eagles. jillian: yes. ♪ announcer: please evacuate immediately. steve: that is not the wake jump call they were expecting. this is a fox news alert. millions of americans on high alert at this moment under tsunami warnings at this hour after a powerful 7.9 earthquake rocked alaska as you can see to the south and to the east of kodak, alaska. ainsley: the powerful shock striking in the middle of the night. local reporters saying emergency crews fear that lives are now at stake. and they are urging everyone to get to higher ground. brian: brand new video