little bit. don't you think it was a little mellow monday? >> a little bit, yes. >> still time, america, stay tuned. >> thank you for joining us, "happening now" starts right now. >> jon: the president prepares to take his 2018 agenda right to the american people in his first state of the union address tomorrow night. good morning to you on this monday. i'm jon scott. >> melissa: happy monday. i'm melissa francis. the president's speech coming on the heels of the government shutdown. a continuing battle over immigration reform and the always swirling mueller investigation. we're told the commander-in-chief is looking to move forward. >> i think the president will talk about how america is back and talk about where we are today as far as growing an economy. an economy that has grown at a 3% clip over the last three quarter he and make an appeal to democrats to say we need to rebuild our country and to make

an appeal to do infrastructure we need to do it in a bipartisan way. >> melissa: john roberts is live with more on what we can expect. >> good morning to you. we do know the president reviewed the state of the union speech in the draft form it was in over the weekend a couple of times. offered some edits and other points back and forth with his staff over the weekend. today he will be doing much the same thing as well. he does have a couple events on his schedule. he will be attending the swearing in ceremony for the new hhs secretary and then the president will also be hosting members of the united states security council for lunch and you can bet that iran will be high on the agenda for that lunch. otherwise the president will spend much of the day going through the state of the union address. he may do a run-through today. haven't confirmed that just yet. one of the main points is going to be immigration, no question about that. here is what raj shaw -- i want to go first of all some of the bullet points. jobs and economy will be top of mind tomorrow night during the

state of the union address as well as infrastructure. immigration, of course, trade and national security. the president is going to pressure democrats tomorrow night to make a deal on daca. here is what the principle deputy press secretary raj shaw had to say about that this morning? >> immigration, the president has offered a compromised solution with -- showing real leadership that reaches across the aisle. we'll see if democrats are serious about border security and if they actually want to fix the problem or if they want to dem god it. >> white house officials have been making steps toward daca. both sides are in their corners holding waiting to see what happens and where this goes. they expected a legislative text on the immigration proposal will be out in congress later on this week. the dems, i'm told, want to do a deal on daca and the border wall and then leave these other issues an end to chain migration and an end to

diversity visa lottery program for later. the white house fears that of course later will never come when it comes to those particular issues. the former press secretary sean spicer was on fox earlier this morning and says that democrats would be remiss not to take a good, hard long look at this deal. listen here. >> i think it's better than it's ever been before. if i were a democrat right now i would stop the rhetoric and grab this deal and take it and put it away, do what it sign whatever you have to sign. this is the most generous offer the democrats will get. the bigger problem will be in the house of representatives on the right politically speaking. >> some of the provisions in the proposal aren't particularly passing muster with conservative members of the house and the democratic leadership is saying it's a non-starter for them, either. difficult to know where all of this is going to go. melissa, it's tradition for presidents to, after the state of the union, travel for a couple of days selling their

policies that they've outlined to congress to the american people. so far there is no indication and the week is still early but so far no indication that president trump plans to do that this week,. >> melissa: probably too much work to do. thank you. >> jon: here with more the white house columnist at the hill. it's 2018. there is an election this year, niles. is it fair to say the president's speech tomorrow night is going to be the first campaign speech of 2018? >> yeah, i think that's a great way of putting it, john. i think this gives the president the chance to really set the stage for the mid-term elections. both in terms of saying what has already been done and also making the case for what should be done in terms of his agenda this year. that's one of the reasons why republican lawmakers here in washington are really hoping for an on-message, fairly scripted speech by the president that delivers that message in a disciplined way.

>> jon: you talk about what has already been done and the criticism of the administration by critics at the end of last year was that they really hadn't accomplished much except for now you have tax reform. what does he talk about from the podium? >> well, tax reform is part of that because it pushes back against this argument that the relationship between the white house and capitol hill is too dysfunctional. as john roberts was mentioning the economy will be a huge part of this speech. the president clearly seeking to take credit for a very strong economy for making the argument that is a consequence of his policies, not just the tax plan but things like deregulation, things of that nature. >> jon: typically the economy trumps all when it comes to, you know, voting. are people going to be consumed by, you know, say the russia investigation when november comes around? >> it's a fascinating argument and a fascinating question. because on the one hand as you

say, the economy is normally easily the most important issue. but obviously we're living in polarized times at the moment. are there persuadeable voters for the peach the president will deliver or are people in their respective trenches? entrenchment is one reason why the president's approval ratings aren't higher despite a fairly strong economy. >> given the state of the economy does it surprise you that the president's approval rating hovers only around 40%? >> it surprises me in the sense that most presidents would have a higher rating with an economy like that. >> jon: exactly. >> it doesn't surprise me so much with this president and just the climate in which we live. to my mind, united states is becoming a more politically polarized country over three or three decades at this point. the number of people who just are either pro-republican

whatever happens or pro-democrat whatever happens seems to be increasing all the time. i think that's why you are seeing the break with tradition as far as the poll ratings are concerned. >> jon: your latest column said the president has to not take the bait from democrats in this speech. what did he mean by that? >> he meant if democrats are very vocal in their opposition or make a big deal of, for example, not applauding, staying seated, things like that, this strategist didn't want the president to overreact to that or to react in an angry way to that. republicans in washington want the focus here to be on the substance of this speech and so their fear is that a controversy would distract and take away from what they think is a strong case that the president can make. >> jon: and if he does tick down a list of accomplishments starting with the economy, starting with the unemployment numbers, especially in the minority community, he will have a lot to talk about and a lot to crow about really.

>> absolutely. i would expect him to devote a significant amount of his speech to that. and just one final point, jon. i know we talk about this president being the twitter president, communicating directly via social media. but a state of the union address is still a massive occasion. we could be talking about a tv audience of 35, 40 million americans. that's an extraordinary opportunity for any president to make his case directly to the people. >> jon: it will be fascinating television. we'll all be watching. niles, thank you very much. >> melissa: tune in to fox news channel for president trump's state of the union address tomorrow night. we'll bring it to you live at 9:00 p.m. eastern as well as in-depth analysis leading up to the address. our special prime time coverage begins at 5:00 p.m. eastern. of course, we'll be previewing it all day long right here on fox news channel. fox news alert. another deadly attack this

morning in afghanistan's capital. 11 soldiers killed and 16 wounded when a suicide bomber attacked a military outpost. on saturday morning 100 people were killed in a bombing by the taliban. retired u.s. navy four star admiral robert nader joins us later on what this means for u.s. policy in the region. >> jon: the president gearing up to urge bipartisan work on immigration. tomorrow night less than two weeks before the next deadline to avoid another government shutdown. will democrats be willing to hear his call and negotiate? we have a live report from capitol hill. plus the four-page memo alleging abuse of the foreign intelligence surveillance act could soon be released for you to read. why republicans are supporting its declassification.

house judiciary committee member dale issa next. >> i think the f.b.i. should look at it before it is released and i have provided that counsel to chairman nunes. i think he has taken that under advisement. today, the new new york is sparking innovation. you see it in the southern tier with companies that are developing powerful batteries that make everything from cell phones to rail cars more efficient. which helps improve every aspect of advanced rail technology. all with support from a highly-educated workforce and vocational job training. across new york state, we're building the new new york. to grow your business with us in new york state, visit esd.ny.gov.

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some of those pages. lawmakers are said to be split along party lines as to whether they should be made public. here is former utah congressman jason chaffetz earlier today. >> it goes to the heart of what we are scared about in america. that our government is actually spying on us and if they are using bogus information on funds that were obtained in a political campaign to write a dossier. i want to know the answer to that question. i would think democrats would want to know the answer to that question, too. >> melissa: dale issa joins me now. how does this play out today? >> there is no choice but for the committee to release this document as a roadmap to let us understand what former member jason chaffetz just said. now that we know that the democratic national committee funded apparently a dossier from the public reports and that that dossier may or may not have -- it needs to be shown in a disclosure -- actually led to spying on an

incoming president. i think it's pretty clear the american people need to know are these allegations true or not true? and this memo is a starting point. >> melissa: you talk about having no choice and obviously the other side of the aisle sees this as a partisan issue that the republicans leading the way. but it seems like what would be the other choice be? if you felt something was going on that couldn't continue, maybe you refer it as a criminal matter to the f.b.i. or doj? this happens to be about the f.b.i. and d.o.j.. it doesn't seem like a remedy. what are the other remedies besides going public with the memo? >> transparency is the only thing that will restore confidence. the whole reason that in fact we have a special prosecutor is to see whether or not the russians attempted to influence an election. in other words, at the very heart of the public's need to know is, is the information they're being given honest and appropriate as they go to the polls to try to decide who to

make the next congressman, senator or president. there is no question this is not something that is -- it's nice to get a criminal prosecution. the reality is 320 plus million americans need to know if they can trust the information they get, what the activities are so they can make intelligent decisions on who is to represent them and, of course, are your tax dollars being used actually to manipulate the outcome of elections or even public opinion? so i don't think there is any question. i think the important thing is my democratic friends say they want to know about involvement, including this dossier, and then when you say wait a second, we have a document that spells it out. the f.b.i., the c.i.a.. everyone gets to vet it in addition to the vote today to feel comfortable that the information has been properly redacted so that nothing would undermine some ongoing operation. so with that full protection, suddenly they still don't want it public. the question is why don't the

democrats want something public when special prosecutor mueller is being given tens of million else of dollars to make things public that have nothing to do with the election? >> melissa: what they would say and "the new york times" said today there is about going off rod rosenstein and impeaching the mueller investigation as a whole. is it about going after rob rosenstein. >> the times have made attacks and false statements and never retracted anything they didn't have to. i think the important thing is that releasing the information isn't going to be about rod. it will be about people who were in charge of potential clandestine operations before the president was sworn in, of course. but we need to know that. just as in fast and furious in benghazi, people need to know what happened when something went wrong and there is very little doubt in the democrats' minds something went wrong until you want to disclose

everything and suddenly they onlt want part disclosed. the president has called for openness and transparencies. put his own children up for depositions and he should be commended for that. >> melissa: the point of the investigation was supposed to look at russian interference in the election, not to go investigate president trump whether it was the transition time or whatever. doesn't whether or not this -- the russians collaborated with fusion gps and by extension the dnc or whatever they did to get this dossier into the government's domain and get the f.b.i. to look at it, wouldn't that be a very valid part of an investigation into whether russia was trying to meddle in our election? >> it would be appropriate for the special prosecutor to look at it. the important thing, too, is not did the russians try to do something, but what did americans do? the investigation is not about the russians.

we know they're bad actors. the investigation is did anyone cross the line in the united states including the democratic national committee, hillary clinton and so on. one of the problems with a special prosecutor you have to lay out what the scope of what they can do. the person who appoints them, the deputy, needs to make sure they stay focused on that. you don't give any u.s. attorney the ability to just go sightseeing forever because there is a cost/benefit. if the director -- former director now special prosecutor wants to go into other areas he should come back and ask for that authority. in the meantime he needs to get this done before we get back into election season so the american people can have confidence on where to go to find the truth. >> melissa: i like what you said there. it reframes it so much better for the american people. we know the russians are bad act ors. we need to know who crossed the line on the american side. thanks for joining us. appreciate your time. >> jon: interesting stuff. gps devices cause a security

scare. the sensitive information about our troops they are actually revealing. celebrities out in full force at the grammys but one surprise cameo is getting all the attention this morning. politics taking center stage at the awards next. >> he had a long time fear of being poisoned. one reason why he liked to eat at mcdonalds. nobody knew he was coming and the food was safely pre-made. 75 million of us suffer from the gritty and frustrating symptoms of dry eye. we need theratears®. theratears® is more than just eye drops. it's eye therapy. dry eye symptoms are caused by a salt imbalance. theratears® unique electrolyte formula, quickly restores the natural balance. so your eyes will thank you. more than eye drops, dry eye therapy. theratears®.

so, howell...going? we had a vacation early in our marriage that kinda put us in a hole. go someplace exotic? yeah, bermuda. a hospital in bermuda. a hospital in bermuda. what? what happened? i got a little over-confident on a moped. even with insurance, we had to dip into our 401(k) so it set us back a little bit. sometimes you don't have a choice.

but it doesn't mean you can't get back on track. great. yeah, great. i'd like to go back to bermuda. i hear it's nice. yeah, i'd like to see it. no judgment. just guidance. td ameritrade. >> melissa: a massive security oversight brought to light because of u.s. soldiers using gps tracking device. they published a world map showing where people are using them. they're showing up in war zones

and the map is revealing the locations of u.s. military bases and other highly sensitive security areas, which could be really dangerous. the map did not reveal live movements but these new details were enough for coalition forces to revise guidelines on the use of wireless devices. >> jon: politics trumping music at last night's grammy awards. hillary clinton appeared in a surprise cameo reading from michael wolff's book "fire and fury" along with a few other entertainers. >> he had a long-time fear of being poisoned. one reason why he liked to eat at mcdonalds. nobody knew he was coming and the food was safely pre-made. >> that's it, we've got it. that's the one. >> the grammy is in the bag? >> trump won't read anything. he gets up halfway through meetings with world leaders because he is bored. >> trump did not enjoy his own

inauguration. >> jon: talk about it with our media panel today. media reporter for "the hill" and investigative reporter and author. joe, you had a problem with hillary's appearance on the grammy awards. >> there is a self-awareness gene that mrs. clinton appears to be lacking. this is the woman who reassigned a female aide after she reported sexual harassment against a male senior aide in her campaign in 2008. remember what the grammys was about last night? they are honoring a book that's gossip treated as gospel. the author said many parts are badly untrue. if it rings true it must be good enough. not exactly the height of journalism here and here is the grammys. maybe hillary clinton thought it was the grannys and got

mixed up. here we have nikki haley, right, who was basically just lambasted by michael wolf on national television on friday who implied that she slept her way to her u.n. ambassadorship not because she was the governor of south carolina, of course, and cheers on hillary clinton and i found it to be one of the most pathetic things i've seen during an awards show. >> jon: she is an accomplished immigrants and yet she doesn't get that kind of respect. might as well bring up her tweet. she was watching the grammys last night. she said i always loved the grammys but to have artists read the "fire and fury" book killed it. don't ruin great music with trash. some of us love music without the politics thrown in it. judy. >> well, i know this is going to shock joe, but this one i just had to agree with him. look, i realize hillary clinton

has been on a bit of a redemption self-acknowledgement, self-grand eyesment tour after losing the presidency twice. she is not president. she needs to go away. and let younger, brighter people take the stage. and what she did last night plays to the worst in the democratic party. it is smugness, it is p.c. it is anti-cop theme which is riddled through this group, self-satisfied people who have everything and she is repeating the very mistakes she made on the eve of the election, which was not to hang out with working class people, but to go to a rock concert. does this woman learn nothing? i mean, i voted for her, many people did, but this is just enough. hillary, please, go away. >> jon: why did the organizers

of the grammys think that particular skit was funny. >> would you, i was shocked. i voted for mrs. clinton's husband in 1996. we have that in common. why did they think it would work? because again the self-awareness gene. do they understand they are polarizing half of the country who sees this stuff and says guys, i just want to see and hear music. i continue need political commentary and i don't need to see hillary clinton. when the ratings come out you'll see it was one of the lowest rated grammys. save the tape. i guarantee that will be the case. >> jon: the tweet from the president's son donald trump junior writes. the more hillary goes on television, the more the american people realize how awesome it is to have real donald trump in office. >> i certainly would disagree with that. however, i think that it's understandable that his son

would say that. but i agree that her appearances, such appearances only deepen the polarization and deepen the split within her own party between people who want to move on and those who want the old democratic establishment. now, i happen to think that hillary clinton's views in foreign policy, national security are much more in keeping with where a majority of the country is and a majority of democrats are than those who support bernie sanders, elizabeth warren. but that's not the base of the democratic party. appearances like this play to that base and i don't think it will help in a general election or i don't think it helps the party. >> jon: we'll see if your predictions on the ratings come through. thank you both. >> melissa: fallout from a teacher's rant against the u.s. military with a student recording the expletive-filled speech. what triggered it and how the teacher is responding. capitol hill getting ready for

an immigration showdown with some republicans pushing back against the white house plan while one democrat slams comments by nancy pelosi. can lawmakers make a deal before time runs out for dreamers? >> he said i will provide cover from our side on this issue. the question is, are chuck schumer and nancy pelosi willing to provide cover to their members from the left wing base? so far they aren't showing the same leadership. when i received the diagnosis,

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>> jon: immigration will be a big theme of the president's state of the union address tomorrow night now that the white house has laid out a legislative framework including a path to citizenship for the so-called dreamers. president trump is getting pushback on that plan not only from democrats but some republicans as well. still he does have his defenders. >> i think it's flawed in several ways. first of all it does not include e-verify, a workforce verification system to make sure that people who are employed are in the country legally and can work legally. the president wanted to show leadership. he pushed himself. to solve this problem we'll have to have compromise. >> mike emanuel live on capitol hill. where do things stand right now? >> there are plenty of folks on both sides, it suggests to some

it is a compromise. some of the headlines are $25 billion for the border wall and other security systems and then a path to citizenship over time for an estimated 1.8 million people including the so-called dreamers. white house aides say it is a compromise solution and the president is reaching across the aisle. their position is they'll see if democrats are serious about border security and wanting to fix the problem. a key immigration player on the republican side spoke about how that money could be used to address the border. >> you don't need $25 billion for a wall. you need wall systems. you need roads, you need redundancy and fix old fencing. we aren't going to build a 1900 mile wall but $25 billion can be spent wisely. >> most are convinced senate democratic leader schumer enjoys cutting a deal and capable are cutting a deal but

some are concerned his base won't be happy with compromise. some senators say now they know what the president wants it's back to work trying to get this done. back to you. >> jon: mike, thank you. going to take you to the white house now. the new health and human services secretary to be sworn in. let's listen. >> president trump: and his sister-in-law beth and her husband and numerous friends. thank you all for being here. we appreciate it and alex appreciates it. upon taking his oath of office alex will take the helm of a department he has already served with tremendous distinction first as general counsel and later as secretary. he was outstanding and incredible public servant. people talk about him to this day. he was instrumental in improving the department's operations and advancing its emergency response capabilities. alex knows inside and out the

impact of government policy on patients, healthcare and prices. as the former president of lily, usa, big company, great company he did an incredible job. alex brings invaluable private sector experience to compliment his years of public service. the department of health and human services has already achieved a great deal rolling back regulations that drive up healthcare costs. but we have a long way to go. a lot of people are very happy with the amount we've done already but alex is going to bring that to a big, brand-new level. as our new secretary, alex will continue to implement the administrative and regulatory changes needed to ensure that our citizens get the affordable high-quality care they deserve. he will help lead our efforts to confront the national emergency of addiction, and death due to opioids. i think we'll be very tough on the drug companies in that regard and very tough on doctors in that regard.

because what's going on is pretty incredible. finally, put an end to this plague on the lives of families and communities. people go in for a minor operation into a hospital and come out addicted to opioids. they are addicted to drugs. after a short period of time. we have to get the prices of prescription drugs way down and then unravel the tangle web of special interests driving prices up for medicine and for really hurting patients. and we'll get that done. that will be so important. you look at other countries, they pay a fraction for the exact same drug. the exact same pill in an identical box from the same factory costs us much more, many times more than it does in other countries. and nobody knows that process better than alex and we will get it done. it is very unfair to our

country. neighboring countries pay a tiny fraction of what we pay for the same exact pill made in the same location. and alex, i know there is no one more capable, qualified, and committed than you to overcoming these incredible challenges. so important. and i will say this, prescription drug prices is going to be one of the big things. whenever i speak to alex i speak to him about that. i think prior to anything else. and i know you can do it. you know the system and you can do it, because it's wrong. so now i'll ask vice president pence to formally administer the oath and again i just want to congratulate alex and his family and god bless you all. he has a very important job to do so thank you. thank you for giving him to us and we'll give him the chance. but you gave him to us and we appreciate it very much. thank you. [applause]

>> place your left hand on the bible and raise your right hand, repeat after me. i do solemnly swear that i will support and defend the constitution of the united states. against all enemies, foreign and domestic. that i will bear true faith and allegiance to the same. that i take this obligation freely. without any mental reservations. or purpose of evasion. and that i will well and safely discharged the duties of the office i'm about to enter so help me god. [applause]

>> jon: there is your new head of health and human services, one of the federal cabinet agencies that touches americans directly. he is a former ceo of the lily corporation, the drug company. president trump said he is expected to work to bring down drug prices for american voters. among many other things. >> melissa: terrorists attacking afghanistan's capital again killing soldiers at a military post this morning. what this means for president trump and the policy he laid out last summer. plus a pilot forced to make an emergency landing on a southern california highway. why the survival of everyone on board is being called a miracle. >> as we were coming over the coast here we were just off the coast the engine shut off. we called into the airport may day and tried to get a distance read how far we were from the airport.

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>> melissa: back to the immigration battle on capitol hill. let's bring in a democratic strategist and founder and ceo of blueprint stage free and a partner at firehouse strategies. anton. even joe manchin was frustrated by nancy pelosi's comment of the president wants to make america white again. >> i'm not here to judge or criticize either one of them. >> melissa: that's what the panel is all about. >> let me say this. they represent two different extremes. you have senator manchin a swing state democrat in west virginia that has a certain constituency and miss pelosi from california who has a very far more progressive agenda and they are in two different

bodies. the senate where the median is the saving grace for america and the house which there are two extremes the right or left. so again i think we should take these in the heat of the moment circumstances. >> melissa: good perspective. alex, a lot of people feel like there is too much heated rhetoric and it gives people talking points on both sides whether it's the thing you'll slam against or it's the talking point you'll take with you. but it doesn't help the negotiation. it seems like it just angers people and hurts the actual law making. >> that's absolutely right. look, immigration is always in a very emotional issue. you're talking about real people. real people's lives. and -- but at the same time we have to find common ground. attacking each other's motives at nancy pelosi did is not constructive. it makes us go further apart. we need to find common ground. what the president put out over

the weekend. his plan there are elments in that could get strong bipartisan support. there is strong bipartisan support for helping the dreamers, something the president has said he wants to do, giving them a pathway to citizenship. strong bipartisan support for more border security. for pelosi to make comments like that blows up the process. >> melissa: the president has this negotiating strategy. i don't know if anyone else has noticed this. he comes in and knocks the other side off balance by giving them the thing they said they wanted the most. now it's kind of like what are you objecting to then? we've given you the thing you've asked for. a way of knocking the other side off balance. they were saying dreamers, dreamers, dreamers. he offered giving dreamers a pathway to citizenship and far more than anyone expected to the point where the right got mad. it forces democrats into the weird place of wanting to say no but you have to find something to say no about because you were given what you

wanted. >> i think my dear friend alex is probably wrong about one thing. you can say what you want about ms. pelosi's comments. it was donald trump a few weeks ago in his right wing toned down rhetoric that i think put a farther divide in the immigration discussion when he used the s hole comment. now he is coming around on the whole keeping the dreamers here. the big sticking point here is $25 billion for a campaign promised wall. what we really need is comprehensive immigration reform needs to be done in a bipartisan way. we had a bill last week, graham and durbin brought to the white house and said he would sign anything that was brought. >> melissa: i'll let you respond, alex. >> the president's comments were unhelpful. dick durbin and others.

>> they were divisive. >> yes, they were and i don't think people should use that sort of language. >> melissa: that wasn't the action. >> he came back with action and it doesn't excuse nancy pelosi. two wrongs don't make a right. we need to put aside divisive rhetoric and talk about real solutions and compromises. there are elements in what he proposed over the weekend that both parties can support. let's grab the elements and move forwards. >> melissa: find a solution. thanks to both of you. >> jon: coming up an anti-military rant in school goes viral. it's not the first controversy for this high school teacher. (avo) help control cravings

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>> melissa: it's monday. coming up on "outnumbered" president trump set to deliver his first state of the union address tomorrow night. the white house is promising a bipartisan tone. can he strike the right note especially when it comes to the very charged issue of immigration? >> the president calls for the release of this secret house intel committee member said to show surveillance abuse by the f.b.i. and d.o.j.. the committee could vote today on releasing it. should it all get out there? >> is it secret? all that plus "outnumbered". i'll give you a hint, guy, top of the hour. >> melissa: rate now the greatest lost treasure in u.s. history is about to make its

public debut. more than $50 million of gold bars and coins recovered from the wreckage of the s.s. central america steamship will be on display at the long beach convention center in california next month. the treasure had been sitting at the bottom of the ocean for more than 150 years before it was recovered in 2014. each piece has been cleaned by hand and it is also all for sale. jon, you can go buy it? >> a teacher in california under fire for criticizing the intelligence of those who serve in the u.s. military. the five-minute classroom rant recorded by a student has gone viral. gregory salcido is heard slamming members of the military as the lowest of the low. jonathan hunt live with more on all of this. jonathan. >> this all happened at el rancho high school southeast of

downtown l.a. the 17-year-old student who recorded this says the voice is his u.s. government teacher gregory salcido. listen here. >> jon: and salcido apparently prompted by a student wearing military-themed clothing kept going with the insults. in all the anti-military rant lasted a full five minutes but since it went viral the teacher has been largely quiet except for a post on his facebook page which reads in part, quote, i don't think it's wise for me to make any specific comments but i want my friends, family and students to know we are fine and we respect the rights of

free expression for all individuals. the school district officials are now investigating and the 17-year-old who recorded the teacher doesn't want to reveal his own identity but he does want an apology. >> i think you should apologize not only to me but to all the veterans who fought for us who sacrificed their life. >> the teacher appears to have been in trouble before, jon. he was placed on leave in 2012 for allegedly striking a student. an incident he described at the time as grossly exaggerated. we'll see what kind of discipline the school district wants to dole out this time around. >> jon: keep as updated on that one. jonathan hunt in los angeles. thank you, jonathan. >> melissa: new action on the classified memo alleging political bias within the f.b.i. and doj. will the public get to see it? a key vote expected later today.

>> lovely to have you with us today. >> even though it's monday and we love it. >> thanks for joining us. >> "outnumbered" starts right now. >> sandra: fox news alert, president trump state of the union address is tomorrow night. we are told the fee will be a safe, strong, and proud america. the president is expected to focus on the economy, immigration, . he is struggling in the polls and amid the ongoing russia pro, a lot is riding on what he says tomorrow night. this is "outnumbered," i'm sandra smith. and here today, harris faulkner paid republican strategist and fox news contributor lisa boothe. the host of kennedy on fox business, kennedy. and joining us today on the couch, political editor of townhall.com, guy benson and he is outnumbered. we we had you quite a bit becaue you do all right covering just about anything with us on his