>> google going to the moon. make it a great day. it's wednesday. you're halfway there, america. >> "happening now" starts right now. >> jon: and we begin with this fox news alert newly released text messages of strzok and page reveal they had concerns joining the mueller investigation at all suggesting it was likely to be a dry well. the f.b.i. also admitting that five months worth of their text messages are missing. all this comes amid reports that robert mueller wants to investigate president trump about the dismissals of james comey and michael flynn. we'll have the latest on all these developments ahead on "happening now." we begin with washington still at odds trying to cut a deal on immigration. can they do it? i'm jon scott.

>> melissa: i'm melissa francis. negotiations back to square one after chuck schumer withdrew the offer to fund the president's border wall. part of a deal proposed by senators lindsey graham, jeff flake and dick durbin which is white house turned down. sarah sanders explains. >> the flake/graham/durbin agreement doesn't meet the benchmarks. in short, it is totally unacceptable to the president and should be declared dead on arrival. >> melissa: now president trump says without the wall there is no deal on daca. peter doocy joining me from capitol hill. peter, where do we go from here just weeks before the government runs out of money again? >> melissa again they're at an impasse. this time it's because the democratic leadership is saying they won't give any money for a border wall during these negotiations and the president is saying if that's the case,

then there won't be any new protections for daca recipients. republican senator ron johnson just told us here in the hallway he thinks an immigration deal is further away now than lawmakers would like. >> we do need better barriers. they actually work. i visited israel. their fence stopped illegal immigration. when put in the right places they work. the other elements we're trying to keep it pretty simple. i don't think the diversity lottery makes sense whatsoever. we have a diverse nation and allow people into this country in a very diverse basis. >> most republicans in the senate really aren't talking about wrapping up daca negotiations until march which is when people brought here illegally as kids actually face deportation even though chuck schumer wants things done a month earlier in february when the three-week long continuing resolution that he decided to support thus ending the government shutdown expires.

>> we've gotten a commitment from senator mcconnell but he made it not just to democrats but to a good chunk of his own caucus so that means a lot. and i think we have renewed momentum. >> there is still not much guidance about what house leaders would do if the senate passes a bipartisan immigration bill and then kicks it over to them. but the house isn't even in session right now. lawmakers are home in their states in their districts while the negotiations, while the talks are starting to percolate here in the senate. so it's tough to tell what exactly they would come up with here that could pass both chambers and get president trump's signature. >> melissa: wow, all right. peter, thank you. >> jon: the u.s. launching an air strike last weekend reportedly killing more than 100 isis fighters. that strike targeting an area

along the syrian/iraq border. one of the last pockets of isis control. lucas tomlinson joins us live from the pentagon with more. >> it's one of the largest air strikes against isis in the past year, the u.s. military estimating it killed roughly 150 isis fighters in eastern syria. the massive air strike occurred while the u.s. government was shut down saturday. technically the pilots flew this one for free. round the clock surveillance overhead and u.s. backed fighters. u.s. led coalition has launched 30,000 air strikes against isis since 2014. in a sign of how much the air war has slowed 10 wart hog jets slated for isis strikes from an air base in turkey were sent to afghanistan to provide closer support to u.s. troops. in a statement the head of u.s. special operations forces in iraq and syria says the fight to liberate syria is far from over. our partners are still making progress daily and sacrifices

and together we're still finding, targeting and killing isis terrorists. partnering with kurdish fighters has come at a cost with turkey who view the kurds as a terrorist threats and launched an assault. the u.s.-backed forces is majority arab that received strong support from the c.i.a. director. >> the department of defense has done good work trying to bring the sunnis in alongside our kurdish partners there as well. i think they've made real progress there. >> secretary mattis says the roughly 2,000 u.s. troops in syria will stay there until isis is ultimately defeated. >> jon: lucas tomlinson at the pentagon for us. thank you. >> melissa: a fox news alert for you right now on wall street. the dow surging 169 points as the dow, s & p and nasdaq hit record highs today on the backs of higher than expected

earnings, great news out of companies this quarter. j.p. morgan talking about what they'll do with the extra money they have as a result of the tax breaks and we're seeing the dollar slipping a bit. it is coming together to make a good day in the markets. >> jon: dow on fire. the california parents accused of torturing and shackling their 13 children back in court today. what a judge is considering to keep those kids safe. and the f.b.i. says it is missing five months of text messages passed between these two ex mueller investigator peter strzok and f.b.i. attorney lisa page. the revelation prompting more gop claims of anti-trump bias in the bureau. >> it could be truly a technical glitch but it is suspicious. one of the questions we're asking the department of justice and office of the inspector general are they aggressively going to recover those from other sources? who partnered

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>> melissa: a judge will soon decide whether to bar the parents of 13 children held captive in their southern california home from contacting their kids. prosecutors due in court today to seek the order before david and louise turpin's case goes to trial. they're pleading not guilty to charges of torture, child abuse and false imprisonment. they're facing life in prison if convicted. authorities say they beat, choked and shackled their children to beds for months at a time. riverside county has received more than 120,000 dollars in donations to help the 13 siblings who are between the ages of 2 and 29 years old. >> jon: dramatic developments in the russia saga fueling gop claims of bias in robert mueller's investigation. more text messages between

f.b.i. officials, peter strzok and lisa page, released yesterday as the f.b.i. now admits it did not save five months' worth of the couple's messages due to a so-called technical glitch. that prompted concern from gop lawmakers about potential criminal misconduct. here is senator ron johnson of wisconsin. >> strzok and page were very high level within the f.b.i. strzok's title was f.b.i. deputy assistant director of the counter intelligence division. these aren't low-level underlings. they had access to the highest level including the director of the f.b.i. >> jon: a congressman joins us now. you know a thing or two about conducting investigations. what would you like to know about those five months' worth of missing text messages? >> i want the text messages. that's clear. we're looking at a potential obstruction here. this is an out rage. i read today they want to talk

to the president. my advice -- if i were the president's attorney is these guys -- this team is so prejudiced against you and we know what they did to flynn, they didn't have much to go on so they bankrupt him with attorney's fees, cost and threaten to go after his son. the best thing you can do is not talk to these people. we know what happened to martha stewart and scooter libby when they don't have a case, then they question you until they get you to say something inconsistent and then they prosecute you for false statements. don't talk to them. this group needs to be barred and they need to be stopped and we certainly need a second prosecutor. there is no way the current d.o.j. or current leadership in the f.b.i., my gosh, if wray won't even fire mccabe there is no way they can investigate

themselves. the whole apple is solid but there are worms that have eaten their way through the upper leadership. we need a housecleaning. >> jon: i want to read one of the text messages that passed between these two. he, of course, was very high up in the f.b.i. investigation, personally took part in the questioning of hillary clinton when her investigation was underway. and then he writes to lisa page his mistress, he says you and i both know the odds are nothing. if i thought it was likely i would be there no question. i hesitate in part because of my gut sense and concern there is no big there there. he seems to be alluding to participating in the mueller investigation and he wrote that text two days after mueller was appointed by rod rosenstein, the deputy attorney general. >> yeah. and so obviously he knew there really wasn't any there there

but when you start -- why would they be meeting off the agency area? why would they have meetings away from the office? it says that they must have had something other than justice in mind because if it was real justice, they would have been meeting at the department of justice. these people need to be investigated. we know from the other texts, the other messages, the circumstances surrounding them that they could not be fair. that they wanted to keep trump from being elected and then an insurance policy to take him out if he was elected. and i'm telling you, this stinks to high heaven and this time congress cannot drop the ball. we did not enforce our contempt on eric holder when he -- when documents disappeared and he refused to produce them.

we did not go after others, nobody paid a price for things disappearing. this is too serious. we have got to hold these people accountable and frankly back when congress was ear marking or line iteming. you would is zero off the offices not cooperating and then they cooperate. we need to get back to enforcing and overseeing and just zero line offices not doing their jobs. i'm very concerned about wray if he will not even fire mccabe with all we know about mccabe. >> jon: the chairman of your house judiciary committee bob goodlatte was on in the last hour. >> doing a good job. >> jon: he had this to say about his concerns about the way the investigation into the hillary clinton matter was handled versus the trump investigation. let's listen now. >> that's a clear indication that he cannot be impartial in

that process because it's only worth him doing it if there is something there. so that coupled with all of his involvement on the other side with regard to the clinton investigation, writing and changing the statement of the f.b.i. director and his communications with miss page about that in earlier texts that we've seen raises the public's concern that you have two very, very different standards of treatment. >> jon: talking there about peter strzok and his involvement in both the russia investigation as well as the hillary clinton investigation. there does seem to be a double standard at least on his part. >> yeah. bob goodlatte is one of the most fair people you could ever run into. and i really believe under chairman goodlatte we are going to keep pushing until we get to the bottom of this. but corruption wherever it is found has to be rooted out and

i hope and pray we'll reach a point where our democratic friends will say you know what? this really is bad. this is terrible. we have got to clean house now. we have got to get our f.b.i. and d.o.j.'s house in order. it got too far out of order in the past and i hope they'll join us and quit playing politics. this is just too serious. this is how you lose a country when the department of justice becomes just us. >> jon: serious issues on the front burner. you are investigating it with your committee. congressman, thank you. >> melissa: the former usa gymnastics team doctor who sexually assaulted young athletes is in court now as the judge prepares to sentence larry nasser. plus... the c.i.a. director with a stark warning about

north korea as the regime works to upgrade its nuclear arsenal. how close we are to being in danger. >> make no mistake about it. they are testing capacity is improved and the frequency that they have tests that are successful has also improved putting them ever closer to a place where americans can be held at risk. stay with me, mr. parker. when a critical patient is far from the hospital, the hospital must come to the patient. stay with me, mr. parker. the at&t network is helping first responders connect with medical teams in near real time... stay with me, mr. parker. ...saving time when it matters most. stay with me, mrs. parker. that's the power of and. searching one topic.

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>> jon: right now larry nasser's sexual assault victims are making final impact statements before the former usa gymnastics team doctor is sentenced today for molesting young athletes under guise of medical treatment. he pleaded guilty to sexual misconduct and faces a minimum

prison term of 25 to 40 years. >> melissa: just in the c.i.a. says kim jong-un's nuclear weapons program is aimed at uniting the korean peninsula under north korean rule as the regime is months away from being able to mount a nuclear attack on the u.s. >> i talked last week about the fact that north korea is ever closer to being able to hold america at risk. said it was a handful of months. i said the same thing several months before that. i want everyone to understand that we are working diligently to make sure that a year from now i can still tell you they are several months away from having that capacity. it's not a static time frame. there is much effort across the united states government to ensure that americans don't have to feel at risk. >> melissa: let's bring in retired four star general jack keane chairman of the institute for the study of war and fox news analyst.

thank you for joining us. what do you think of what you just heard? >> we've heard it before but i'm really encouraged by the fact the director of the c.i.a. is willing to go out there and sound the alarm bell like this because it's clearly what he is doing. he is telling us within a few months north korea likely to reach full capability in terms of a nuclearized icbm, a threat unacceptable to us by virtue of our policy and i totally agree with that. i do think there are some things that we can do, melissa, and i'm encouraged by the fact that i think he made some news when he said he believes kim jong-un is a rational actor. >> melissa: that stuck out to me as well. everybody talks about him as a mad man. he is a rational actor and clear what he wants to do. he wants to unite the peninsula. why is that meaningful? >> because then we can have some impact on him. here are some things i think we should be doing. if we are not -- hopefully we

are -- conducting offensive cyberattack against kim jong-un's capabilities, information systems, his command and control, his finance system, turn it into a paper operation, and his energy infrastructure there is a pipeline going from china into north korea, shut it down electronically. we have the capability to do that. secondly, we should be executing the naval blockade now of north korea shutting the back door off to all the resupply action that we know is actually going on which is helping to sustain the regime. we should also bring troops into south korea to thicken the defense there and troops to other bases in the region. why are we doing this? because one, he is a rational actor. if you want to prevent a war, you want to show him that we are fully prepared to execute it. the other thing is why -- i don't understand this -- why are we still sending military

families into south korea? makes no sense. turn it into an accompanied tour assignment like iraq and afghanistan is. we should plan and tell military families and americans we may have to evacuate you out of south korea because a potential conflict is obviously on the horizon. these are some of the things we can do and then we have to make sure the state department is shutting down all the other countries that are trading with north korea to include china. if we have to sanction china because they're playing games with us, let's get on with it. remember what pompeo said we are only months away. if we truly are months away, now is the time to pull out the stops to do what? to prevent a war. >> melissa: i want to highlight some of the things you said. sometimes you're misheard on this. you're saying we should pull out the families that go along with the military that replace there. take away civilians that are there accompanying them

something that we're ready for battle. let me focus on the blockade. >> what i'm saying we should not send any more families there and those that are there we should develop plans -- not nou, but develop plans to execute and evacuation of those as the drumbeat gets closer. we have several hundred thousand americans in south korea. as a drumbeat of war gets closer we may have to plan and give them a warning to leave the country. all of this actually tells the leader in north korea by taking these actions that our policy is real. it is not just rhetoric. it is not just words. >> melissa: you also the idea of a blockade. recently we saw those photos of chinese tankers cooperating taking products whether it's oil or coal out of north korea and then taking it to other places where it can be sold violating what they've agreed to do. would a blockade stop that and publication of the pictures

that we know what's going on, is that letting them know that here is the ammo for us to set up a blockade? >> a blockade would stop it for sure. and we know how to do that effectively. navy trains for such a thing. we blockaded the russians from resupplying the cubans during the cuban missile crisis and it ended that conflict. critics of what i'm saying will say that's a provocation. a blockade is accepted in the international community as an act of war. and therefore we're inviting north korea, kim jong-un to actually execute a war. well, if you accept what pompeo said to us, then he is a rational actor, would he actually start a war over a naval blockade? i don't think so. >> melissa: general, thank you for coming on. we appreciate your time and insight, sir. thank you. >> thank you. >> jon: another world trouble spot to tell you about a deadly

attack in afghanistan. gunmen storming a children's charity an eastern city. these guys aren't seeing eye-to-eye now. why president trump and chuck schumer can't seem to strike a deal about immigration. >> the wall deal is off the table. oh, sorry i'm late, sir.

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>> jon: lansing, michigan in the courtroom right now dr. larry nasser the former usa team gymnastics doctor about to be sentenced for molesting the young athletes who were in his care under the guise of medical treatment. he pleaded guilty to seven counts of criminal misconduct, could get anywhere from 25 to 40 years in prison. there you see the doctor with his head hanging down. his accusers have brought heart

rending stories to the court about what he did to them under the guise of medical treatment. just awful stuff. larry nasser will hear his sentence from the judge and let you know exactly what he gets when the sentence is handed down. >> melissa: at least three people killed in an attack today in eastern afghanistan after gunmen stormed a children's charity and isis has claimed responsibility for this attack. david lee miller is live from our middle east bureau with more. >> melissa, the attack at the save the children's office in the city of jalalabad began with a car bombing. then the attackers stormed the building. according to one report they were wearing military uniforms and armed with rocket-propelled grenades. after a day-long stand-off two employees at the save the children office were killed and at least four of the attackers were dead. some 25 people plus three police officers were wounded.

40 people were rescued. isis, which has claimed responsibility, says it is specifically targeting, and i quote, brisht and swedish foundation and afghan government institutes. save the children released a statement saying it is temporarily suspending all programs in afghanistan. it reads in part our humanitarian work in afghanistan reaches almost 1.4 million children and we remain committed to resume our operations as quickly as possible as soon as we can be assured that it is safe to do so. save the children has been doing aid work in that country for more than four decades. now the attack this morning comes only days after a deadly assault by the taliban at the intercontinental hotel in afghanistan's capital kabul. during that siege more than 40 people died. the state department says some of the victims were americans. according to a most recent report three of the dead reportedly had dual afghan/american citizenship and lastly pakistani officials are now calling for what they call

a credible investigation into the hotel bombing. this after a report surfaced that the attackers may have links to militants in pakistan. melissa. >> melissa: thank you, david lee miller. >> jon: lawmakers and the white house are not exactly seeing eye-to-eye on immigration matters these days as senate minority leader chuck schumer retracts his offer to fully fund the president's wall. the president says if there is no wall, there is no deal to fix daca. >> senator schumer doesn't have a leg to stand on on the issue. he misled the public where the negotiations were. the dhs did a study what we needed to fund the border wall, $18 billion. he comes here with a phony plan, a fake promise and not even appropriation, but an authorization of less than 1/10 of what is needed to secure the border and protect the american people. >> jon: where do we go from

here? let's get wise minds involved here. joining us now michael hopkins, a democratic strategist and amy holmes, political analyst for rasmussen reports. thanks both of you for being here. chuck schumer apparently offered to pay for the wall but he says that offer is now withdrawn. why? >> because we have no idea where the president actually is. at one point he says we need a bill of love and get daca dofnlt another point he says we won't get daca done. only way we'll get it done is if we get one, two, three on his checklist but pulls too off. we need to know what's on the table. >> jon: there is negotiating to be done. chuck schumer wants the dreamers, the 800,000 people who were brought here by their parents wants them to stay here legally. why not build a wall in exchange for that and some of the other things the president wants? >> i think senator schumer is trying to look like a tough guy

after getting beat up by his own base, caving on the government shutdown. fit was such a great gamble for democrats why don't they put their name on it the schumer shutdown. what we're looking at now is a negotiating position. the senator is taking the wall off the table so he can give it back as if it's a big concession. you know, jon, where the real political payoff is and the real debate is is over chain migration. that has to do for the democratic party about future voters. >> jon: democrats don't like the wall idea. president trump was very open when he was campaigning about that being one of his primary campaign planks. he wanted the wall and it got him elected, did it not? >> democrats aren't against border security. the idea to build a wall across the mexican border isn't fiscally response. >> they were for it before the

shutdown. >> we have had comprehensive immigration deals that republicans and democrats have put forth the president said he would be willing to sign once it came time to negotiate the deals and sign them. he didn't back them. we need clarity. democrats are willing to offer border security but not do it while giving up on the 800,000 daca recipients who deserve to be made officially americans. >> jon: isn't the lack of border security some of the reason we're in the situation we're in now? in the ronald reagan era we had an immigration deal to end illegal immigration for all time. >> border security should be a nonpartisan or bipartisan all american position. chuck schumer is saying border wall in terms of the structure but any money that would go towards this. what i'm saying is don't look over here, look over here. it is a negotiating tactic. they're taking it off the table and at the 11th hour we'll be for the wall. what they want to keep in place

is chain migration. that's what they don't want to talk about. >> jon: is that the case? do democrats love the chain migration things that allows somebody who wins the right to come to this country it allows them to bring in family members as well? >> chain migration the term itself is a loaded term. we're all part of coming here because family members were here before. i think when we talk about immigration itself we need to look at the fact that illegal immigration is at an all-time low. the idea we'll spend billions of dollars to address a problem that is not actually a problem when we look at the things that americans are dealing with fiscal responsibility is important. >> in point of fact democrats will agree to spend billions on this border wall in order to get a daca deal. >> jon: did either party learn anything from the shutdown. >> democrats learned that we have to make sure our base is happy and make sure that we're reaching across the aisle. >> i think republicans learned they don't always get blamed for it when it was a bad gamut

from the very beginning. >> jon: we'll watch what happens between now and february 8th. thank you for being here. >> melissa: new details on the russia probe. special counsel robert mueller is closer to interviewing president trump. does this mean the investigation is nearing an end? we're going to discuss it with a former deputy assistant attorney general. plus watch this. a school bus sliding on black ice on a hilly road in massachusetts. wait until you see the rest of this video. >> the guy that got hit i heard him yelling get out of your car, get out of your car. i don't know why i didn't get screened a long time ago.

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road in sutton. >> you never want somebody's car to get hit but it was a blessing in disguise. that was the only thing that stopped the bus. >> jon: gravity and ice do their work. the bus slides backwards down the hill, takes out a mailbox and finally stops after crashing into a sort of semi parked car that was there. we're happy to report nobody was hurt and the bus was able to continue on its way to school. just a little paint damage. >> melissa: wow. new developments in the russia investigation. several reports are indicating that special counsel robert mueller will soon be asking to interview president trump. mueller is reportedly interested in questioning president trump on the firings of both general flynn and james comey. but does this mean that the special counsel is closer to wrapping up his case? here is white house press secretary sarah sanders yesterday. >> we want to see this come to a complete and full conclusion.

i think we all know what everybody in this room would do if the president did that and i don't think it's helpful to the process. the president wants to see this end and he wants to see them finally come to the same conclusion that i think most everyone in america has. there is nothing to this. they spent the better part most of you have spent the better part of a year looking, digging, obsessing. >> melissa: our guest served as deputy assistant attorney general. welcome to the show. a lot of people thinks this means they're narrowing in on the president. at the same time, we've seen other f.b.i. investigations including, you know, the one of hillary clinton that ended with an interview of her and we all know they had already decided at that point they weren't going to press any charges. i understand this is a special counsel but what do you conclude from this? >> i don't think i can conclude anything about the guilt or innocence of the president. i think it's natural that special counsel mueller would want to interview him and it's

natural that they would have a discussion about the terms in which that would happen. i think it does show that he must be near the end of his investigation. you typically reserve an interview of the top of the pyramid until near the end of the investigation when you feel like you have all your other ducks in a row. i think there will be some type of interview, whether it's written questions or a combination of questions. and live interview or not. they will work that out. then i think that hopefully for all of us this will be resolved one way or another shortly after that. >> melissa: impact the findings what they say the fact we're hearing about the text messages. secret society and the insurance plan and five months of those texts are missing. this investigation is supposed to be about the firing of james comey and the specific five months of texts that have gone missing are from right after the election until june. james comey was fired in may.

that certainly speaks to the timeline we're looking at what was going on in the investigation. are these things interrelated or not related at all? >> well, i think they could be related. i think particularly if there were some kind of conclusion reached about the guilt of people who were investigated by the very agents who had the text messages. but i think that i view it more as a side issue of those messages seem somewhat inappropriate and i think the inspector general report which we're waiting for will have a lot to say about those text messages and the conduct of some of the agents involved and whether they crossed any ethical lines in making some of the comments they did. but, you know, at the end of the day the facts of this are the facts. and if the facts turn out to exonerate the president and there is no collusion, then that stuff all becomes somewhat irrelevant. i think for institutional reasons the inspector general and others will want to follow up.

it doesn't necessarily need to slow down this process. >> melissa: let me ask you about some of the things you just said. if they are looking for collusion even if it's there it's not against the law. what comes of that? >> well, i was using collusion -- they are looking for some kind of conspiracy, cooperation with the russians which we haven't seen anything -- any real evidence of that. at least that has been leaked. who knows what mueller has. he could have things we don't know about. it seems to me there is an obstruction type of case they're looking at now since trump was president. >> melissa: we don't have time to go through it but it is more than just the comments on the part of the f.b.i. agents. there it does seem like there is action taken that is totally inappropriate and potentially against the law and deserves its own investigation. americans don't feel safe with f.b.i. agents taking the actions described there. >> certainly the notion of an

insurance policy is concerning. it sure did look like some of those agents had at least pre-judged where they wanted the investigation to come out. you would want to see if it tainted any evidence they collected or if it affects it. >> melissa: thank you. >> jon: another deadly school shooting and right now no word on a motive. what we're learning about the teenage suspect and the victims he targeted. great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org. exin the 2018xus lexus es and es hybrid. lease the 2018 es 350 for $339/month for 36 months. experience amazing at your lexus dealer.

>> new reports that special counsel robert mueller plans to focus his interview of the president trump on the firings of f.b.i. director james comey and former national security advisor michael flynn. what does it say about the direction of the russia investigation and whether it's ramping up or winding down? >> republican lawmakers

demanding answers over the five months of missing text messages. a top republican senator says it tells about about their anti-trump bias. >> our guy in the middle "outnumbered". there he is. see you at noon. >> jon: fox news alert. into the courtroom in lansing, michigan where the prosecutor is making her case for a stiff sentence for dr. larry nasser, the former usa team gymnastics doctor. he is about to be sentenced for molesting the young athletes who were in his care. 54 years old. he has pleaded guilty to seven counts of criminal sexual conduct. 25 to 40 years in prison. the possible sentence we will bring it to you when that sentence is handed down. >> melissa: two students killed and 16 others injured by

gunfire in a kentucky school shooting. police say the 15-year-old suspect accused of opening fire on his classmates yesterday is now in custody but so far there is no word on a possible motive. mike tobin is live in benton, kentucky. mike. >> and there was chaos out here. students running in every direction out of all of the doors of the school into nearby businesses trying to escape this hail of bullets. we now have an image of the 15-year-old bailey holt who was killed here on campus. a state trooper who was one of the first to come up on her realized she was wearing roughly the same clothing as his daughter who attends school here. >> one of our first troopers to arrive on the scene saw the young lady that died there on the scene and thought it was his daughter because she had been dropped off at the school this morning as well. same clothing description, same description. and he had to go over to

convince himself it was not his daughter. >> police have apprehended a 15-year-old fellow student they say is the gunman. his identity hasn't been released. the county prosecutor said he will likely be tried as an adult. the weapon was a handgun. motive unknown. 911 and dispatcher communication reflect the moments after the shots rang out. >> we've got most of the students out, i believe. we found the weapon. it is secure. >> we have another male, he is being grazed but i don't believe there's been any penetration. definitely need a unit or ambulance over here. >> jon: 15-year-old preston cope received lethal wounds and later died at vanderbilt hospital. two students killed. 20 injured. 16 wounded from gunfire.

doctors say the survivors look like they will pull through. back to you in new york. >> melissa: mike tobin, thank you. >> jon: thousands of texts between two f.b.i. officials simply disappear. now lawmakers are demanding answers as gop critics accuse the f.b.i. of political bias.

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>> "outnumbered" starts now. >> fox alert on special counsel robert mueller. planning to get answers from the president. reports say she wants to know more about the firings of former fbi director james comey and michael flynn. obstruction is a big focus. this is "outnumbered." i'm harris faulkner. here with us is lisa booth, anchor on fox business trish regan democratic strategist, jessica tarlov. joining us "outnumbered" fox news senior judicial analyst judge andrew napolitano. we say he's outnumbered but he never feel way. we have a lot to get to. let get to the news. special counsel robert mueller russia investigation is turning now to