goes public. when it happens we don't know. there goes air force one down the runway and off to a short line. 25 minutes flying time to the greenbriar? >> speech in the noon hour. we'll see you on "outnumbered". "happening now" starts right now. >> jon: and we start with a fox news alert. the president is on the move just now ready to take off for west virginia. he will speak to the congressional republicans at their annual retreat at the greenbriar hotel there. good morning to you on this thursday. i'm jon scott. >> melissa: i'm melissa francis. the president is set to speak at the greenbriar resort less than an hour and a half from now amid new drama over that house committee's classified memo on the russia investigation. as the f.b.i. says it has grave concerns about its accuracy. >> jon: john roberts is live with more on this ever-changing story. john. >> good morning. the headline for the white house today is what you see in

the left-hand side of the screen there. president trump headed to the greenbriar to the gop retreat for a speech that we will see live beginning at about 12:35. the president talking about his themes, state of the union and agenda for 2018. of course what is the forecast for the november elections. the mid-terms will also be a big topic there as well. what remains to be seen throughout the rest of today is what the president is going to do about the fisa memo. sources have told fox news the president is expected to declassify this memo and then tomorrow morning after the white house completes its review today, transmit that back to the house permanent select committee on intelligence to devin nunes and he would take whatever steps necessary to release it. raj shah, the principal deputy press secretary described the process the white house is going through with this memo. let's listen here. >> the president has been

taking and the white house has taken input from a variety of stakeholders, law enforcement and intelligence agencies. i don't want to get too deep into the process but some of those have been conveyed privately and the feedback has been conveyed privately. some publicly. we hear them, we understand them. but ultimately this is the president's decision. he has the constitutional authority to declassify information and he will take that very seriously. >> the president is expected to declassify that fisa memo and transmit it back to the house intelligence committee tomorrow morning. you heard raj shah talk about stakeholders. there were some here on tuesday afternoon. five career members of the f.b.i. including people from counter intelligence here to view the memo that had been transmitted from devin nunes to the white house. that version contained some

minor technical edits, i'm told that christopher wray had seen monday and sunday night. nothing of substance was changed in the memo. minor technical edits wanted by the f.b.i. yesterday the f.b.i. released that memo after apparently -- the statement after apparently being okay with the memo they reviewed on tuesday saying that this thing can't get out. that there is missing information now. the change in the context of everything. sources i'm hearing from are saying it was the f.b.i. that requested those changes and i'm also told the chairman had the authority to make those, quote, minor technical edits to a document already voted out of committee which would run contrary, john, to what adam schiff, the ranking member of the house permanent select committee on intelligence is saying. the latest information we have, the president expected to

declassify this fisa memo and transmit it back to the hill. they actually own the document tomorrow morning and from there they'll take the steps to get it out to the public. >> jon: when it comes out it is bound to be the most-read document in washington, right? >> absolutely, no question about that. >> jon: fascinating. john roberts, thank you. >> melissa: ahead of the president's remarks at the gop retreat, he tweeted out heading to beautiful west virginia to be with great members of the republican party. will be planning infrastructure and discussing immigration and daca. not easy when we have no support from the democrats. not one dem voted for our tax cut bill. need more republicans in 18. joining me now is the white house reporter for the associated press. zeke, let me ask you first. i have to ask you about memo gate out of the blocks and the latest we're hearing that the president is expected to not object to the release. at this point, though, the waters have been so muddied it

seems like nothing will clear it up unless people see the underlying material. what is the impression there? >> that's certainly possible but highly unlikely. this is certainly a memo that will always be politically charged. it has been given the climate we're in right now. that said given how sensitive this memo alone is the potential to see any of the underlying documentation or warrants relied on or things like that seems next to nil. certainly that's what congress is there for and what the inspector general is there for. for the public to see that information would be unprecedented and seems unlikely at this point. >> melissa: have the umph been taken out of the memo? the back and forth maybe makes it feel less credible to the public. >> that's certainly possible there is -- but this is a partisan document draft evidence by the committee's majority. minority report -- a memo not transmitted as well. this probably won't change too

many minds. democrats will always question the veracity of that memo or how faithfully it represents what actually occurred because it was prepared by the majority without democratic input and republicans will reject that as partisan. >> melissa: we're watching on one side of the screen as the president takes off and heads out. he had a very successful state of the union and then the unfortunate train crash and the tweeting about democrats not helping out. what's the tone like? >> being with republicans today at the greenbriar when he meets with congressional republicans and later in evening in washington meeting with the national committee is concern. republicans control the majorities in the house and the senate. they control the white house and governorships. they go into a mid-term year where it is not a good climate. a lot of worry on the agenda

for the president going forward how to position themselves to avoid an election and how to mitigate the damage and retain majorities there as well. they are looking for guidance from the president but also they aren't looking to see a strategy from the president from a political context but legislative and communications one. how will the president message for the republican message in 2018 to the membership and then as well to the public at large? >> melissa: given the reception of the state of the union if you look at polls taken by cbs and people who watched the state of the union. they felt like the president was trying to be bipartisan. that he had extended that olive branch and had a lot of good ideas. he might say to the democrats my messaging is great. you have to follow up with legislation and namely i proposed a solution for daca. there is a deal in there somewhere. get it done. >> that's possible. we'll know what the president

says in a couple hours i guess. but the tone we might see also is one the vice president deployed yesterday in west virginia attacking joe manchin and sort of starting the gun on the 2018 cycle. we could see the president take a whack at democrats even after coming off the bipartisan tone and we saw that in the tweets today. it seems to be where -- if the tweets are a preview of what the speech is going to be that's the president's mind set making a partisan attack rather than one of bipartisanship. >> melissa: republicans are dealing with a position of strength. they went ahead with the tax cut bill. democrats weren't on board. it seems like people didn't like it and believe in it when it was first done we're seeing so many announcements from companies that the tone on it with the public seems to have turned the corner and for republicans they might go back and say look, democrats, we did this thing without you. now it's turning out to be more popular than you thought. don't you want to get on board with what we do next.

would it work? >> it is possible. that is certainly a bit of what the vice president challenged joe manchin to yesterday. but there doesn't seem to be a lot in buy-in on the immigration issue from democrats. both parties are so divided right now. we saw that in the speech. who was sitting and standing and who was clapping and who was not. possible democrats -- if they haven't come to the table thus far any legislation with the mid-term elections coming up will be difficult to get accomplished. >> melissa: thank you so much. appreciate your time. >> thank you. >> jon: fox news alert. in a sign of just how caustic things are getting on capitol hill over the release of this fisa memo we're talking so much about. there is a picture of devin nunes, the california congressman who chairs the house intelligence committee. house minority leader nancy pelosi has just sent a letter to the speaker of the house paul ryan demanding that

chairman nunes step down. here is part of her letter. she is saying congressman nunes deliberately dishonest actions make him unfit to serve as chairman and he must be removed immediately from this position. now what she is referring to is what john roberts told you about in his report at the top of the hour. five f.b.i. officials went to the white house on tuesday afternoon, they read over this fisa memo, it was prepared by the house intelligence committee under the supervision of chairman nunes. those five f.b.i. officials wanted some tweaks, wanted some minor changes we're told made to the language of that memo presumably to protect sources and methods of intelligence gathering. so the chairman, assented to their demands, made changes to the memo and that's what has nancy pelosi fired up and demanding that he be removed as chairman. not going to go anywhere.

the republicans rule the house but that's as i said how caustic things have gotten on capitol hill. well, so house republicans are pushing to release the controversial memo despite those democrat objections. citing surveillance abuse in the russia investigation. >> ought to send a signal to the f.b.i. you are under the law. you are not above the law. you can't go out here. have the president of the united states make a decision and you decide you'll fight him in public? >> jon: why the f.b.i. says it has grave concerns about releasing the memo. check out this wild video. an s.u.v. slams into the front of a store on purpose. what these guys were trying to get. >> melissa: whoa!

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the doors. look at that. it happened on monday in england. their target, this atm. the crooks were able to pull the whole thing out taking it away. can you imagine? police say the suspects are still at large. the land rover also stolen. wow. >> jon: more on the controversial memo alleging surveillance abuse by the federal government during the presidential election. the f.b.i. already citing issues with the memo's accuracy. now the president is looking it over. a source tells fox the president will not object to its release. now it all comes down to when it will become public. house republicans already on board saying the public needs to see this. >> it is going to speak for itself. and i think that we are going to find out based on everything we've heard so far, we are going to find some very sobering things about how illegal the practices were

during the 2016 campaign. >> jon: joining me now congressman bob goodlatte chairman of the judiciary committee. i don't know if you could hear the fox news alert we brought you at the end of the last segment but nancy pelosi is demanding that chairman nunes be removed from his post because of the edits made to this memo. what do you think about that? >> i think it's ridiculous. i think devin nunes is a fine chairman and i'm not a member of that committee but my understanding is that the tweaks that were made were made at the request of democrats and the department of justice f.b.i. so this is, as newt gingrich and others have noted, this is a memo, not the source documents which are classified. as chairman of the judiciary committee i have had a chance toex am inthe source documents.

this memo is important to the american people understanding what's going on in the department of justice and the federal bureau of investigation and i'm glad to hear the president is getting ready to release it. it is important. >> jon: you've seen the source documents. have you seen the memo itself? >> yes, i've read the memo. >> jon: what are americans going to take away from it? >> i'm going to let them take it away themselves once they see it. it is still classified and at this point in time i can't comment on the contents. it is very serious and very important and it is important the american people know this. this is one aspect of a serious problem, an investigation that the committees chaired by trey gowdy have been working on for several months now regarding the conduct of several people in the highest levels of the f.b.i. regarding the investigation into hillary clinton and other activities that were going on last year. let me emphasize that the

f.b.i. is the most important law enforcement organization in the world. there are tens of thousands of men and women who work very hard every day to keep us safe, to fight crime, to prevent terrorist attacks. and they should not be besmirched by what was going on at this high level and they should be respected by the congress and the american people for the hard work they do. but this cannot be allowed in the headquarters of the federal bureau of investigation and i'm pleased that former deputy director mccabe has now left the department. that was long overdue. that doesn't change the fact that more needs to be done. >> jon: the presumption is he will be a central character in the memo. talking about the f.b.i., president trump appointed christopher wray to head that agency. he as head of the f.b.i. has expressed concerns and maybe even objections to the release of this memo.

does that necessarily -- is he protecting his agency's reputation and turf or do you think he has legitimate concerns about sources and methods that might be revealed as a result of this release? >> i respect director wray but i disagree with him on this issue. i don't know what motivates him to take the position he is taking. again as has been pointed out, this is a memo from which the sources and other things that would concern you about the underlying classified material has been removed from that. but it allows the american people to understand what is going on. others will have varying interpretations and opinions of it but it is important that they know as a starting point to understanding the investigation that is going on right now with regard to the federal bureau of investigation. >> jon: would you say it's fair

to say it will be embarrassing to the f.b.i.? >> it will be embarrassing to several people near the top of the f.b.i. but that's all i can say at this point. >> jon: bob goodlatte, very interesting, chairman of the house judiciary committee. thank you very much, sir. >> melissa: that was a good question and revealing answer, jon. good stuff. interesting. all right. >> jon: may explain why the objection comes from the head of the f.b.i.? >> melissa: several people at the top. it was meaningful. a new directive on where ice agents can arrest illegal immigrants. what is no longer considered a safe haven. and the controversy surrounding this move. plus car rams nearly into a group of people. how quick thinking sheriff's deputy saved the day. >> outcome was good and we got the intoxicated person off the street.

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>> jon: new video showing quick action by a sheriff's deputy. a suspected drunk driver nearly rams into a group of people. boone county sheriff's deputy saw it coming and pushed everybody out of the way. he was able to chase down the driver and arrest the person for d.u.i. it happened 80 miles northwest of chicago. congratulations to that deputy. >> melissa: he chased the guy down. courthouse is not a safe haven for illegal immigrants. acting director of ice saying agents can go inside courthouses and make arrests whether it's local, state or federal court. william la jeunesse is in los angeles with more on this one. william.

>> sanctuary cities and states wanted courthouses to be considered sensitive places, off limits to ice like a school or hospital. but the ice director said absolutely not. if you are a criminal alien, ice agents will arrest you in court and then deport you. if agents also encounter illegal family members in the courthouse they, too, can be deported. opposite of the type of protection sanctuary cities had intended. >> what they've done is force my officers to arrest dangerous criminals on their turf in their homes and place of business rather than arresting them in the safety and security of a county jail. it's ridiculous to intentionally put law enforcement as risk. >> previously ice agents would take custody of criminal aliens at the jail as they were released until sanctuary cities outlawed the practice. courthouses where defendants are stripped of any weapons and can't barricade themselves in a house is the next best alternative according to ice.

another concern for him, the surge of unaccompanied minors from central american today and blames a ninth circuit court opinion mandating the release of minors. parents are smuggling kids north who turn themselves over to the border patrol. some parents believe that their kids will get amnesty under daca. last year the border patrol apprehended 80,000 children and family units. a third of all arrests. stats show a 40% increase over the past three months. back to you. >> melissa: interesting. great report. william la jeunesse, thank you. >> jon: a congressman who became a household name when he led the benghazi investigation. why trey gowdy says he won't be in politics much longer. president trump's state of the union address gets a glowing review from some media outlets,

some not so much. we'll discuss this media divide. howard kurtz joins us. today, g is helping the new new york rise higher than ever. as the world leader in unmanned aerial systems, we're attracting the world's best talent to central new york. and turning the airport into a first-class transportation hub. all while growing urban areas into vibrant places to live and work. 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.

>> jon: our secretary of state hitting a milestone now marking one year on the job. it might come as a surprise to some he has lasted so long given the reported tensions between secretary rex tillerson and president trump. doug mcelway with a look at that year.

doug. >> one sign that rex tillerson remains in very good stead with the president of the united states on his one year anniversary is that he was with the president of the united states just this morning at the greenbriar resort in west virginia where republicans are meeting for their retreat before he jets off to austin, texas, for a speech at the university of texas before flying off to south america and latin america where he will visit mexico, argentina, peru, columbia and jamaica and attempt to talk to our all aisles about the tough immigration stance against nafta. rumors have never died away that there is stress between them. it reached a peak last october when it was reported that he referred to the president as a moron. he was asked about that and here is what he had to say at that time. >> i won't deal with petty stuff like that. this is what i don't understand

about washington >> and he at that time reaffirmed his attention to stay on as secretary of state. >> my commitment to the success of our president and our country is as strong as it was the day i accepted his offer to serve as secretary of state. >> even today there is remaining widespread speculation that there is some tension between the national security wing of advisors at the white house and the more moderates. the people who are reflected by national security advisor mcmaster and mike pompeo and the more moderate wing including tillerson and mattis. that divide may be reflected in the recent decision to abandon the nomination of victor chao as ambassador to south korea. he was opposed to the hard line approach to north korea. trying to compel kim jong-un to a ball done his nuclear program.

the tension may be there but supporters of this administration say that is not necessarily a bad thing. it is an indication the president is getting advice from an array of people, an array of opinions. that he is not just hearing from yes men. jon, back to you. >> jon: it was predicted and told even in washington, leaked that secretary tillerson would be out by now. >> that's right. >> jon: thanks very much doug mcelway at the state department. >> melissa: the republican who led the benghazi investigation is leaving the house. trey gowdy deciding not to run for reelection. the former federal prosecutor says he plans on returning to the justice system. >> i have to say that of all of the defections of committee chairmen, the decision of somebody like trey gowdy, who is a guy of his integrity and intelligence, the idea that he is calling it quits i think really does speak volumes about what a kind of messed up and

dispiriting place washington has become. >> melissa: let's talk about what this means. joining me now is kevin mccullough indicated radio host with salem media and we also have -- pardon me as i go through my notes. we didn't have it in the prompter. can you help me out? robin piro. i didn't have your title. robin, i'll start with you. do you think it's really about everybody being at each other's throats? hasn't it always been like that? >> it has and i really can't stand it but i was concerned last month when he announced he was leaving the house ethics committee citing his workload. i just didn't buy that story. i thought there might be something else to this. i heard rumors that he might have ethics concerns of his own. so i was surprised yesterday with this announcement.

but i just want to say i didn't get time to get to the producers but there have been 3 1/2 times more republicans on top that have left than have democrats. so i think there is a concern here especially headed into the mid-terms. and i don't want to use some cheap pot shots but democrat friends who say it's rats jumping a ship. i don't want to go that low. the numbers don't lie. >> melissa: kevin, what do you think about that? if you think to mitch mcconnell who told martha maccallum he said 2017 was the best year ever for him after a very rough start with the president obviously where they were very much at loggerheads. is this maybe a matter of people wanting rather than rats jumping ship, people wanting the leave on a high note that they accomplished something, got tax reform and want to get out? >> i think the trey gowdy in particular it could be a

combination of factors. he was one of those very few principled guys that came to washington with a desire to see certain things happen. kind of part of the tea party fusion and really championed a lot of those causes. worked a lot of long hours on a lot of unpopular things like benghazi and even in the hillary email investigations. i think over time washington does one of two things to you. it co-ops your soul or it burns you out and you saw from robin some of the reasons why. when people say they aren't going to punch you in the gut they punch you in the gut. and trey gowdy getting called names like rats leaving the ship. that's the kind of stuff that he is tired of. i think as a prosecutor, a talented one, he can go back and put bad guys in jail and what he likes doing. >> melissa: if you look at the back and forth that speaks to that point it gets exhausting, you look at vice president mike

pence tweeting out to joe manchin voted no to giving working families more of your hard-earned money. joe voted no on tax cuts and time on again on the policies that west virginia needs. joe voted no. and then you see senator joe manchin replying the vp's comments are exactly why washington sucks. this is right after we had a state of the union. everybody is leaving and then you get something like this where joe manchin responds like that and robin, what do you think? >> you know, i think that he might have got burned out with the benghazi investigation specifically. they spent 7.8 million dollars chasing that dog and never got anything. so i just have to wonder if he just didn't get burned out like my co-panelist said. coming from -- i reached out to jamie harrison, associate director of the dnc and his

statement was specifically that trey gowdy claims to be above the partisan fray but that he in fact was part of the partisan fray because mccarthy admitted it was a partisan attack to bring down hillary clinton and it didn't work out the way he wanted. >> melissa: the families of those in benghazi would probably not agree with you. that's beside the point. what does it mean? if you have a lot of top republicans stepping to the side at this point, is that maybe a draining of the swamp? even if these are names that people like, didn't president trump go to washington to make change? and this is, after all, change? >> i think it's a mixed bag. trey gowdy doesn't fit the picture of the establishment that everybody was referring to in the draining of the swamp originally. i have think he is a principled fighter and we'll miss him. one of the voices on capitol hill that always cut through the nonsense to get right to the heart of the matter. and when you have my

co-panelist he had questionable ethics problems of his own based on more than a rumor i can relate to what he is dealing with. it's an unfounded charge. >> melissa: thank you both. >> jon: a crack in a cold hollywood case. who los angeles investigators are naming as a person of interest in the 1981 drowning of actress natalie wood. and frightening moments at virginia tech all over again as a student is arrested for illegal possession of an assault rifle. what police say he was planning. >> you just don't walk out of the house and assume that something bad is going to happen. thank god they found him because it could have been a lot worse. i'm really into this car,

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illegally possessing an assault rifle. he is from china, police say he also tried to order 5,000 rounds of ammunition. he was arrested monday. many students say it brought back terrible memories of the mass shooting at the school in 2007. when it came to his arrest this week they were left in the dark. >> i was a little surprised. i heard from my mom who lives three hours away. >> students deserve to know those things. >> he faces up to five years if prison if convicted. the university said there was no active threat. >> melissa: just in, a sentencing hearing taking place today for one of the girls who tried to kill a classmate to impress a fictional horror character named slenderman. they want the 15-year-old to spend a maximum of 40 years in a mental hospital. she and another girl lured a

classmate into the woods and attacked her. it happened back in 2014 just outside of milwaukee. she was sentenced to 25 years in a mental institution and will remain under supervision until she is 37. >> i think his rhetoric last night set things back. did not advance the ball forward. >> i thought it was a powerful speech. this was a president who was saying i'm a conservative. i won, i'm governing as a conservative. i governed on taxes, on immigration, on foreign policy. >> what you saw tonight was president trump i think with one hand reaching out his hand to democrats and with the other hand holding up a fist. >> jon: you have a smattering of opinions after president trump's first state of the union address which sparked a divided reaction from the media. author of the forthcoming book "media madness, donald trump, the press and war over the

truth" fox news media analyst and the host of media buzz, howard kurtz. it illustrates the title of your book. >> it is out now. it is an ingrained negativity and hostility in some cases to this president. a dysfunctional relationship. war on both sides and both sides are invested in making the other look back. a scorched earth approach. the press just often doesn't seem to give this president a break and he is not shy about punching back hard. >> jon: there seem to be a lot of pay no attention to what he said because that is not the real president trump. that seemed to be the attitude of a lot of people. >> that was so fascinating the aftermath of the speech. grudging praise for what was the well-crafted speak with nice moments. >> jon: a little long. >> to be sure but scored well in the polls and he did have the heroes in the crowd. then it was often followed by well, but he doesn't govern that way. he is good at scripted speeches

and not bipartisan. there were extremist positions in there and it tempered the reaction. >> jon: some who didn't like the scripted aspect and criticized his use of the teleprompter. >> hello, who is going to do that off the cuff? i was really struck by how quickly many news organizations got off the state of the union and talked about the russia investigation again. other incremental developments there. okay, nice speech. let's talk about what we're really interested in. what is really interesting, the president off the record met with anchors before the speech and took a swipe at chuck todd saying he is a nice guy. he gets on tv and he is a monster. media madness i read about doing the speech to congress he met with the same group of anchors and said the biggest single surprise for me is that once i became president -- they all said that would never happen -- you never changed your coverage and it never improved and he continues to

resent that and see more evidence of it every day. >> jon: the pictures of that speech, you have to wonder whether that will resonate with the american voters because even when the president did something like condemn communist cuba and socialist venezuela the democratic side of the aisle couldn't be brought to applaud. >> you know, it is obviously a sad and increasingly tradition that the party out of power sits on its hands. even so they looked so stone faced when the president was saying things that were kind of like apple pie and mothers. i thought it was in that overused washington phrase bad optics. but i also think that the president, unlike when he has had other good speeches, he has resisted the urge for now to go on twitter, attack people and change the subject. we'll all talk about that and not the substance of the speech. maybe his advisors who would like him to tone it down with

the personal attacks on twitter maybe are starting to have a little impact. >> jon: that seems to be the case. it has tweeted very sparsely since the state of the union. >> even after going after jay-z he talked about black unemployment as opposed to taking a personal shot at the rapper. >> jon: no presidential interview in this year's super bowl. >> not shocked. he has stayed away from the broadcast networks. he has decided that this is a state of war. steve bannon told him press is the opposition party and he has bought into that. sometimes i think he goes too far with the fake news but given the relentless hostility of the coverage, nobody can really deny that. it is only a question of why. i think it's cultural as well as ideological. journalists just don't like his scorched earth and street fighting approach. he decided i'll watch the

football game instead. >> media madness, you are the author. it's out now. >> melissa: we're getting an update on yesterday's deadly crash involving a train carrying republicans to west virginia retreat. the latest on the investigation and what we're hearing about the lawmakers helping the injured. but first, washington congresswoman kathy mcmorris rodgers. >> our thoughts continue to be with the victims of yesterday's action and the person who tragically lost his life.

>> fox news has learned the

president is expected to declassify that controversial gop memo and its release to the public could quickly follow. the partisan battle now over it all has gotten, well, even sharper. >> the president set to speak at the annual republican winter retreat next hour. what does the president need to tell lawmakers as the mid-terms loom large? >> we'll take it live for you plus our guy in the middle "outnumbered". you'll find out at the top of the hour moments away. >> we're in the process of retrieving the event recorders. we expect to find event recorders on the lead locomotive and trailing locomotive and looking for recorders on the truck. we'll be looking at the timing of gates and so forth. for that reason we have a signal specialist whose role it is to make those kinds of investigations. >> melissa: federal investigators trying to figure out what went wrong after an

amtrak train plowed into a garbage truck. many republican lawmakers were on board heading to the gop retreat. they sprang into action helping others. griff jenkins is live with the latest. >> melissa, the lawmakers springing into action turning first responders an amazing part of the story. i want you to have a look. this is the first full day the ntsb has been able to get on site. the train colliding into the trash truck you see behind us shortly before noon. a massive field of debris of crash and behind them the ntsb had an organizational meeting this morning breaking into multiple teams so that they could address the truck component, the train component, the human operator component. early this morning we saw the f.b.i. out here with a total station digital mapping system. it is a tripod you see over here on the right side.

you might not notice it but the highest tech piece of equipment out here allowing them to build an entire map replica of the scene. earlier we saw the drone flying to get aerial optics on this scene to try to determine what has happened. much of the activity, melissa, in the last hour has been around -- you see guys around that guardrail, the signals team as it is called trying to determine if indeed one of the culprits or factors was a faulty rail crossing. amtrak saying that accidents like this happening at crossings like this are far too common. and i just want to come back to where we started this and tell you a little bit. there were at least eight members of congress that once they realized there had been some sort of accident they immediately leapt into action, tried to save the life of that one person in the truck. there were three.

one died, his name christopher foley, 28 years old. now with the hospital situation has is one critical, one fair and four others discharged. that's the scene here in crozet. >> melissa: thank you. the ntsb is tweeting saying did you witness the grade crossing crash on wednesday, january 31st, 2018? do you have photos, video of the crash or crash scene? if so the ntsb would like to hear from you. please contact us at witness @ ntsb.gov. >> jon: fox news alert. we're awaiting president trump where he will address republicans at the gop retreat. that's expected about 30 minutes from now. whoooo.

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west virginia. the present will be speaking momentarily. speak out and we will have all of that for you. thanks for joining us. >> "outnumbered" starts now. three to a fox news alert. a word that the president will be with senate republicans and house numbers and the retreat and white sulfur springs west virginia. we are now awaiting remarks from president trump. he will be speaking with of the house republican, as we just mentioned. and the president left the white house a little while ago. about an hour or so ago. he said in a tweet that they will be talking infrastructure, immigration. we are watching for it all to begin. we we will bring you their lives as soon as the president takes the stage. >> sandra: of president trump is not expected to objected to the release of the g.o.p. member