>> shepard: it's noon on the west coast. 3:00 in d.c. where we're following the memo madness. a back and forth over whether to release the republican accusations about the russia investigation, which the fbi warns are inaccurate. now the fight is taking a new turn with claims of mysterious editing to the memo that could go public soon. plus, the twists with hope hicks. word of former member of the president's team is calling her out over some comments she made. hicks denies doing anything wrong. you'll hear from a lawyer who says this could be very big for a potential prosecution. and is the deputy attorney general rod rosenstein on team

trump? new reports that the president himself asked that question. loyalty oath? again? let's get to it. first from the fox news deck this thursday afternoon, the fbi was in tatters so he hand picked a new director, christopher wray. now that director is warning the white house. the fbi has grave concerns, don't release that republican memo. it's misleading, inaccurate, don't release it. rather than heed that advise, fox news has learned that we could see the memo on the russia investigation tomorrow morning. that's what sources are telling our own chief white house correspondent john roberts. they say president trump is expected to give the house intelligence committee the go-ahead to make the gop document public. more from john in just a moment.

some republicans are claiming that memo, if you want to call it that, shows the feds misused government surveillance powers as part of the russia investigation. but democrats on the intelligence committee say republicans disported information to make misleading claims so americans would be less likely to trust the justice department investigation to protect the president. the fbi made a rare public statement yesterday warning it has grave concerns about that memo. it's inaccurate, it's misleading. today the number 3 senate republican called on house republicans to listen and heed the fbi's warning. john thune of south dakota says they should let the senate intelligence committee see the memo before releasing it. remember, the republican devin nunes of california created this document, at least his staff did. he's the house intelligence committee chairman that recused himself from the russia investigation. he made that midnight run on the white house last year and then

staged a dramatic revelation news conference that turned out to be a misleading distraction at very best. the chairman dismissed the fbi's objections yesterday as spurious. news served on trump's transition team. today a new accusation. the top democrat, adam schiff of california says nunes secretly altered the memo that he gave the white house after republicans voted to release it. nunes admits he did. calling them minor changes including grammatical fixes. the special counsel robert mueller is looking to moscow's meddling in the 2016 presidential election and possible collusion with trump's campaign and whether the president obstructed justice. president trump has denied the claims. think of where we are today. in the midst of a criminal investigation, two trump associates are under indictment, two more have pleaded guilty admitting they lied to

investigators. as the special counsel appears to be approaching the oval office, with the news he wants to interview the president himself, the fbi and the justice department are under fire from the president. the white house and the justice department are at odds. in an affront to our system of government and a precursor what could become a constitutional crisis. john roberts is live at the white house. >> good afternoon to you, shep. marine one just departed. as the. walked in, questioned shouted out about the memo as he did when he left this morning for the greenbrier. he didn't answer any questions. though the questions were shouted at him. where are we with be memo? my understanding is since this morning that the target date to release the memo is tomorrow morning or at least that's when

the white house will transmit the president's approval or lack of objection to the house permanent select committee on intelligence. our understanding the president may to so far as to declassified this memo, which means that it could come out almost immediately. if he merely does not object to it, that trigger as process at the house intelligence committee which then may take a few more hours, maybe a day before that memo would become public. you mentioned people that were against this memo, a litany of them. at the top, shep, adam chef from the intelligence committee one of them. one of the people in favor is paul ryan. let's play you sound with schiff and ryan. >> i think the fbi is right. this memo is really a spin on a -- not just a set of particular documents, but

broader classified information than that. because of serious material omissions is inaccurate and gives a very misleading impression. designed to tar the fbi and tar the department of justice. >> this memo is not indictment of the fbi, of the department of justice. it does not impugn the mueller investigation or the deputy attorney general. what it is, the congress' legitimate function of oversight to make sure the fisa process is under control. this affects our civil liberties. >> the speaker of the house was asked about the memo. he said he thought the best disinfectant is sunshine. that's why he wants to see the

memo come out. sometimes tomorrow we're expecting there to be a transmittal of an approval from the white house to devin nunes on the intelligence committee. >> shepard: john roberts at the white house. the white house -- one more thing before we go. the white house has said it was surprised by the fbi's statements. surprised that its own fbi would say don't do this? >> yeah. one of the reasons why, shep, is because tuesday afternoon before the state of the union address, five career officials from the fbi, some involved in counter intelligence, came over here to the white house to meet with the chief of staff, john kelly and read the version of the memo that was transmitted to the white house, the one with the technical edits that were made by the chairman of the intelligence committee. congressman devin nunes. i'm told by white house officials that the fbi raised no objections during that meeting, in that viewing of the memo. we had the statement come out, very strong statement come out on wednesday. now, a lot of this is casting doubts on the fbi and the

integrity there, some of the members of the leadership. the fbi agent's association, the organization that represents all of the fbi agents across the country issued a statement saying the fbi agent's association appreciate chris wray standing shoulder and shoulder with the men and women of the fbi as we work together to protect our country from threats. special agents have remained steadfast in their dedication to professionalism and we remain focused on important work to protect the country from terrorists and criminals domestic and international. the president and other members of the administration and republican members of congress, shep, have pointed out this is not an indictment of the fbi, this memo. what it does is they say it illuminating bad behavior by certain individuals at the fbi. shep? >> shepard: john, there's word the white house communications director, hope hicks, once said that donald trump junior's e-mails about his meeting with the russian lawyer offering dirt

on hillary clinton would never get out. the e-mails themselves would always be private. don't worry. a lawyer for hope hicks is denying that she ever said that. "the new york times" reports a former trump legal team spokesman is ready to tell special counsel robert mueller that hope hicks did make that comment. he reportedly also said that might have just been naive. this all goes back to that trump tower meeting in 2016. donald trump jr., the former campaign manager, paul manafort and jared kushner. they all initially forgot about it with the russian translatener trump tower. "the new york times" reports the president and his team were working on a statement about that meeting when hope hicks made the comment that the e-mails would never go public. again, her lawyer is denying this. back to john roberts at the white house. john, what is this? >> this all dates back 0 july 8

when the president was winging his way back from germany and the g-20. that's when the news with the rush attorney and donald trump junior, paul manafort and a couple other folks there at trump tower came out. mark corrallo was the president for the outside counsel, mark kasowitz. he is prepared to tell the special counsel that hope hicks said that the e-mails from donald trump jr. about that meeting with the russian lawyer will never come out, never be made public. hope hicks through her attorney is denying anything that corrallo has to say that may not reflect well on her. as most reporters know, it's not my practice to respond to questions from the media. this is trout speaking, this warrants a response that she never said that. that the e-mails would never come out and the idea that hope hicks ever suggested that e-mails or other documents would

be concealed or destroyed is completely false. the reason this is important, shep, is because if you're building a case of obstruction of justice, which includes firing james comey, thinking about firing robert mueller and then making sure that these e-mails never see the light of day, that would give you more ammunition, which is why robert trout is pushing back so hard on this. >> shepard: john roberts on the north lawn. more ahead on the unusual public fight between the fbi and the white house over that memo from the republicans on the russia investigation. how far will the fbi director go to take a stand? there are reports today, multiple reports that some inside the white house are concerned or at least within the justice department. that should this memo come forward, christopher wray, the head of the fbi might get out of there. has he said as much? there's clearly concern. is he willing to put his own job on the line? we'll speak with the lead associated press reporter on this story.

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>> mr. president, talk about the memo, mr. president. on the memo, sir. >> mr. president, are you going to release the memo? >> sir, are you upset with rod rosenstein, with chris wray? >> shepard: we believe yes, yes and yes. he has -- we believe that yes, he will authorize the release. we just got word of this. john roberts just reported that. it's widely reported that he's upset with rod rosenstein. as for the fbi director who is being mentioned now, christopher wray, there's multiple reports that chris wray may quit if they release this memo. lots of pressure not to do so. democrats are calling it a p.r. stunt, a distraction action. if that was the case, it's working brilliantly. the fbi is against the release of this thing, which was created by staffers in devin nunes' office in part because they say, well, it's both misleading and accurate. president trump that reportedly had not read the memo or seen

the memo before he said after the state of the union, 100% will release it is all for making it public. we would see it tomorrow. let's turn to chad day. he works on the investigative team in washington and the lead writer on the memo. how would you describe what it is, this creation of the nunes staff? >> so we don't know a lot about the memo yet. what we do know, the republicans are saying that it alleges that there were abuses of the government surveillance apparatus during the russia probe. in particular, what we're hearing this deals with a fisa warrant that was used to surveil carter page, that was a trump campaign foreign adviser. democrats are saying that this is a cherry-picked version of talking points, partisan talking points that are meant to undermine the robert mueller probe. as you reported already, the fbi has serious concerns about the

accuracy of this memo. >> shepard: and yet, there's no reporting from associated press on chris wray and his thoughts on this matter. specifically, he doesn't want it released. whether he will put his job on the line for it. >> right. that's right. at this point we don't know wray's thinks on this. what we do know, it's incredible nor the fbi to release a statement like yesterday putting them at odds with the president on releasing this memo. the president wants to release the memo and he's been telling confidants that he sees this as a way to confirm what he believes, that the doj and the fbi conspired against him. what we don't know, ramifications are in terms of the relationship he will have with wray, who is his hand-pickle fbi director. >> shepard: new a new twist, adam schiff and others, other democrats, are suggesting that after this memo was written, it was altered by none other than

devin nunes? >> that's right. what they're saying, the version of the memo the house reviewed and the committee reviewed and voted to, sent to the white house for review is not the version that was sent to the president. so you know, the republicans are saying that these were minor edits, but the democrats are now saying that these were material changes to the memo and they're crying foul. it might be a moot point. the president appears to be wanting to declassify this information. it appears that that decision could come as early as tomorrow morning. >> shepard: people of good will can disagree with this memo, press release came about. it is impossible to not agree that it has served as a mass distraction. whether that was the intent or not, the reality is it's distracted from this investigation for the moment, has it not? >> that's correct. you know, i think that paul ryan has been trying to thread the

needle with this by saying this is a separate issue, doesn't have to do with mueller or rosenstein. >> shepard: that's false. >> what is clear is the -- well, i'll leave that to you to say. what is clear is that the white house sees this as something that they can hold up and possibly use against mueller or rosenstein to try to undermine what is going on with this investigation. as you mentioned and other people have, they've been calling a hoax. >> shepard: when is the last time we've seen a justice department and fbi hand-picked by the president add odds with the white house in a way like this? >> you know, this is unprecedented. there's times that they butt heads. but not in this public manner and particularly not when you see the president in its cross hairs. right now, robert mueller is seeking an interview with the president. so there's a lot more at stake now with this investigation and

any attempts to try to undermine him. >> shepard: chad day is an investigative reporter for the associated press. great to see you. thank you. good luck. >> thanks, shep. >> shepard: over and over again we've heard president trump values loyalty. no one questions this. now we hear he asked the top official at the justice department, are you on my team? is that a loyalty oath question again? or something else? that's next.

>> shepard: 23 minutes past the hour. there's word that president trump once asked the deputy attorney general rod rosenstein whether he's on his team. according to multiple outlets, that happened in december. so in the middle of this, president trump also asked how the russia investigation was

going. rod rosenstein is the one that appointed the special counsel, robert mueller. it's not clear what the president may is meant by that and if rosenstein interpreted that. so far no response to any of this from the white house or the justice department. it all reportedly went down ahead of the house judiciary committee where this happened. >> is it ever appropriate for the president of the united states to demand a department of justice official or fbi director take a loyalty pledge? >> i don't have any opinion about that, congressman. nobody has asked me to take a littlety pledge other than the oath of office. >> shepard: no loyalty pledge to the president. after all, you work for the people. in this case, this isn't the first time that we've heard reports of president trump asking about loyalty. the former fbi director james comey last year testified that the president asked for his loyalty. and then there's andrew mccabe. this week he left his job as

deputy fbi director. but he was in charge of the bureau when president trump reportedly asked which candidate he voted for in the 2016 election. the president has denied asking comey for loyalty. he said he doesn't remember asking mccabe about his vote. let's bring in bob bianci. and then there's the hope hicks matter. hope hicks saying don't worry about this memo, this memo about the russian -- none of this is ever going to become public. don't worry about it. >> right. the first piece -- >> shepard: she denies that. >> she denies it. prosecutors will look at actions as opposed to words. what happens after that? in my opinion, potential obstruction. the fact that she's indicating that we can hide this, if in fact that is true, is part of an overall mosaic. >> she might have -- she's young. she came from mrs. trump's

company. couldn't she have been going come on, this won't get out. not really meaning anything nefarious about it. >> then here's the thing. why are you so worried about it? obviously they were concerned it coming out would have an impact. whether it's public opinion or the investigation. they believe something bad was happening. they're traying to stop it from coming out. that's a problem. >> shepard: so this goes to obstruction. how big a deal? >> absolutely. a lot of commentators are saying it's not obstruction. it's not. lying to the press and the public is not a crime. it's a fact that you can use that can infer that they were trying to throw off the public with wrong doing. >> shepard: how much of saying one thing and later proving that they had done something else, how much of that goes to obstruction? in other words, we didn't have a meeting, the meeting itself was about russian adoptions and later we find out that was a lie. >> look at all of the things that have been false at least as alleged in the reporting.

i'm not trying to say somebody is guilty of anything or not. look at what comey does. comey instead of trying to head it is telling other people and documenting it in a memo. look what corrallo is doing. he's telling people about it and he's like i'm out of here. that is a very sizeable thing for a prosecutor. he's going to say these are not just words. this is a guy on team trump on the legal team, a communication director, sophisticated, well-respected guy that was so concerned about this comment and what was going on. he said i'm out of dodge before i get jammed up. >> shepard: how do you think it's possible that so many people believe that all this is a hoax? it's just made up? they're just going after the president. they have been going after him from the begin something. >> it's a shame. as a leader -- >> shepard: a lot of people really believe that. >> listen, no one is saying somebody is guilty or not guilty. there's so many gyrations that are going on here.

if you believe the investigation is fair, you don't diminish the fbi. you welcome the investigation and cooperate with it. in the end, if you say you didn't do anything wrong, you can see the great fbi exonerated me. instead, they're knocking them down. makes me wonder they believe something is getting ready to come out. many people have this -- i did this for a living. i did it as a defense attorney. i was a head prosecutor. we're not out there to bring bogus investigations against people, especially one like this. so why are they so concerned about diminishing the reputation of the fbi? if it's true, that wray will walk away, we're headed down a constitutional crisis that is like the saturday night massacre on steroids. >> shepard: i'm confident that just -- you know, you pick a team, you pick a side. it's -- everything is like football to me.

there's investigations. you realize your side has done bad things. you're still for your team and you still hate lsu. those things don't change. they're forever true. one day you realize, damn, was misled for a long time. what a horrible feeling that is. that must be where a lot of people are now. just holding on. >> listen, the fbi with all the attention that is being brought here, dotting is and crossing ts, there's no way -- they may exonerate people in this particular instance. but the obstruction charge is the problem. because it's not as they always say, it's the cover up, not the crime. there's been so many instances in which including release of this memo now that will be coming out that are clearly being used to denigrate the fbi so as to say that you cannot trust their conclusions and they're going after president trump wrongly. unfortunately, that's going to be in history a losing battle. >> shepard: thanks, bob. >> thanks, shep. >> shepard: we'll be right back.

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>> fox report now. headlines from the fox news deck. a police department in michigan is apologizing to one of larry naser's victims for not taking action years ago. 265 girls and women have come forward to say the former gymnastics doctor molested them. today the police chief in meridian township near lansing held a news conference and said he was sorry to a woman that reported her assault in 2004 and said she was ignored. the chief said nasser deceived his detectives. nasa scientists said an a astronomer found a satellite that was missing for decades. turns out, a satellite nasa couldn't locate. north korean athletes arriving in south korea for the winter olympics. it's another sign of good will between the countries.

north and south korean teams training together in north korea yesterday.

>> shepard: the senate's top republican predicts the government will not shut down again. he says he thinks that democrats learned their lesson in the last battle over immigration. >> i don't think we'll see a shut down again over this subject. one of my favorite old kentucky sayings, there's no education in the second kick of a mule. so i think there will be a new level of seriousness here. >> shepard: the senate majority leader mitch mcconnell speaking at the republican retreat in west virginia. congress faces yet another possible show down in a week and a deadline to protect the dreamers. the immigrants whose parents brought them here as children without documents. president trump spoke at the gop meeting a few hours ago. peter doocy is live at the retreat in west virginia. hello, peter. >> hello, shep. the dig focus on the president here in west virginia was immigration. he said he knows he's going to need some democratic votes to make anything happen.

he even suggested that he's willing to give a little bit to get them. >> they talk a good game with daca but they don't produce. so either they come on board or we're going to have to work to get more people to get the kind of numbers that we need to pass in an easier fashion legislation. to get it done, we'll all have to make some compromises along the way to get it done. >> in any daca deal, the president needs a wall and an end to chain migration. john thune said may be a leaner deal. mitch mcconnell didn't favor one plan or the other. >> provided the government is still open on february 8, to go

to the subject and to treat it in a fair way, not try to tilt the playing field in anybody's direction and we'll see who can get to 60 votes. >> there's no guarantee that a str stripped down daca deal would get anywhere in the house. >> shepard: peter, what are the democrats saying on immigration? >> one moderate democrat does and sound like he's moving to the republican side. it's joe manchin who is upset that the vice president came to west virginia last night to attack him for voting no on tax reform. so here's what the senator joe manchin just wrote on twitter. the president called me and invited me to the white house to talk about whys to work together on immigration reform. so for mike pence to come in yesterday and start firing shots is not leadership. i simply urge mr. pence to show better leadership qualities.

so now the vice president and the president are done here in west virginia. the headliner at dinner tonight, the u.n. ambassador nikki haley and then back to washington d.c. by bus. >> shepard: let's bring in alexi, deputy news editor for axios. thanks for being here. >> thanks for having me. >> shepard: any movement on immigration or just talk? >> a lot of talk because republicans and democrats are not seeing eye to eye on this. as we went through the initial talks, democrats and a few republicans in the bipartisan group of six didn't really know what the white house and trump wanted at the end of the day. now that we have the white house and trump's position, they're bottom line on immigration, we'll see democrats drawing i think a harder line on immigration because it's not aligning with what they want. >> shepard: they don't want a wall. >> they don't want a wall. they're willing to give some amount of money as we have seen for border security, but their

hope is one, it's less money that the white house is asking for. they don't want a physical wall. they want more technology and digital. >> shepard: and the freedom caucus and others, too, that are like that's amnesty. daca kids, that's amnesty. stop it. call it whatever you want. it's amnesty. how will you get that together? it seems ridiculous. >> that's the other problem, shep. in the republican parties there's factions on what people are giving and taking. it's a hot button issue for republicans and democrats to deal with. it's more difficult when you look in the republican party. you are lindsey graham that is willing to work in a bipartisan fashion on daca and other folks like tom cotton and davey purdue that are drawing this hard line on immigration that the deal will be really hard to get for both sides. >> shepard: and nobody wants to talk about how the unemployment is very low and jobs that nobody

wants to do and if we have no immigrants that are no documented in the country, a lot of jobs won't get done and the costs will go up. nobody wants to talk about that. >> a lot of the folks that work on farms are undocumented. it's interesting to see how they deal with that moving forward when immigration is sort of at the heart of a lot of these issues. >> shepard: we're leading up to the mid-terms. that's a lot of talk at this retreat. it appears that republicans have great concerns even in some districts that are just solid republican red. >> right. there's talk that democrats are hoping to get as many as 40 seats, which would be a very significant number for them. it won't be easy for republicans to maintain control. that's not to say it's impossible. it's still early to tell. historically speaking, the incumbent president's party has always suffered in mid-terms. republicans are worried about that. they're seeing there's record

turnout among democratic voters in the last year since trump was elected. that is especially concerning considering this turnout among democrats thus far, they're expecting it will be the same. >> shepard: thanks, alexi. thank you. >> thanks, shep. >> shepard: trey gowdy passed up a chance to become a federal judge when he retires from the house. that's what sources are telling fox news. they say the white house offered to nominate trey gowdy to a federal appeals court. he turned it down. trey gowdy is chairman of the house oversight committee. he was big during benghazi. he's a former federal prosecutor. he announced yesterday he will retire to do back to the justice system. sources tell fox news it looks like he plans to practice law and teach back home in south carolina. the mayor of nashville says she will not resign after she admitted, yes, she had an affair

with her security detail. now there's word that state investigators are on the case. mayor megan berry facing questions about taxpayer funded trips that she took alone -- well, with her security detail including one to greece. the mayor tells reporters that every trip she took was business related. local media in nashville said the body guard made more than $100,000 in overtime since mayor berry took office and the district attorney has asked state investigators to see if the mayor or the body guard broke any laws. the nashville mayor and her security chief are married. steve harrigan with the rest of the story now. how are folks reacting to this news? it's a big story in tennessean. >> it's a big story. this is the first woman mayor of nashville. very popular, a rising star. it was an emotional performance. she came out alone.

she said she was sad, she was embarrassed, she was wrong. she was sorry. she also said she broke no laws. >> i know that god will forgive me, but nashville doesn't have to. i hope i can earn their trust and earn your trust back. >> she said the affair began just a few months into her first term in 2016. she said the affair is over now, but she was asked three times when exactly the affair ended. she refused to answer that question. shepard? >> shepard: there could be a state investigation coming? >> it's likely, shepard. a real question as to whether this affair was funded on the taxpayer's dime. the police sergeant more than doubled his overtime and a lot of travel expenses, too. more than 30,000 for the two of them in the past year. they went to parris, athens on nine separate occasions they went just the two of them. real questions about that. the mayor has said she will

cooperate fully if there's an investigation. back to you. >> shepard: cops in los angeles say a 12-year-old girl walked into her school and opened fire today. students are wounded. the sixth grade suspect is under arrest. what we've learned about this latest shooting next.

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and through my employment with dress for success i can almost touch home ownership. have you ever had a dream and then your dream comes true? ♪ ♪ >> shepard: another school shooting today. this time a 12-year-old girl accused of opening fire in a classroom shooting a student in the head. that's according to investigators in los angeles. they say it happened this morning at a middle school just west of downtown los angeles. police there say the suspect is in custody. they say the 15-year-old boy she shot in the head is critical but stable in a hospital. they say she also shot a 15-year-old girl in the wrist. the girl now fair. trace gallagher picks up the

news from los angeles. >> salvador castro middle school where the shooting happened shares a campus with belmont high school. the classes are still in session but on lock down. each student did have to put their hands up or behind their backs and was searched for weapons. the 12-year-old girl was first called a person of interest. she's now a shooting suspect, the only suspect. so far we have not been given any evidence this was a accidental shooting. police have mow session of the weapon in question but have not released what type of gun it is or who it belongs to. as police noted during the news conference, most students with guns on campus get them from home. authorities have not speculated as to how she got the gun on campus. the school does not have metal detectors. they rely on hand held wands and

a campus wide check is supposed to happen every day. here's the police chief of the l.a. unified school district. wat wat watch. >> every one of our schools, we have policies and safety procedures in place. >> the big concern right now is for the 15-year-old you mentioned shot in the head. he's critical but stable. the 15-year-old girl shot in the wrist we're told will be fine. the other three injuries are minor abrasions. 355 kids in the school. 92% are latino. most from low income families. performance wise, this school has done very well the past few years. shep? >> shepard: trace, thanks. this next one was a confusing event from the very beginning. a absolutely bizarre attack. the story was a neighbor tackled

senator rand paul as he was out with the lawn mower, head phones on. just attacked him. well now senator paul is talking about what happened. you'll hear from him next. liberty mutual stood with me when this guy got a flat tire in the middle of the night. hold on dad... liberty did what? yeah, liberty mutual 24-hour roadside assistance helped him to fix his flat so he could get home safely. my dad says our insurance doesn't have that. don't worry - i know what a lug wrench is, dad. is this a lug wrench? maybe? you can leave worry behind when liberty stands with you™. liberty stands with you™. liberty mutual insurance. can make you feel like noyour day never started.st get going with carnation breakfast essentials® high protein drink. it has 21 vitamins and minerals with 15 grams of protein to help you be your best. try our high protein drink.

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>> shepard: seven more minutes till cavuto. rand paul says his neighbor must have just snapped when he was attacked in november. he was mowing his lawn at the time. here's what the republican told stephen colbert last night. >> i think he must have lost it. a rage reaction. you know, i'm really proud of my yard. how could someone be so mad about grass clippings? >> shepard: there you go. the senator ended up with six

broken ribs after that incident. he says he is still recovering. he's not spoken with the man in a decade. the man that attacked him said it was not politically motivated. according to court documents, he said he had had enough after seeing the senator pile brush on a pile. he signed a plea deal and faces up to 21 months behind bars. what we do not know is a long list. areas across the country showing shortages of flu vaccine and the anti-viral medicine that doctors prescribe after you get the flu, tamiflu. the feds says they're aware of the isolated shortages but nothing on a national scale. shortages couldn't come at a worst time. 49 out of 50 states face an outbreak. my father was really -- it was scary. do they have vaccine or not?

>> well, depends on where you are. >> shepard: i guess. >> this is what the cdc is saying, centers for disease control. spot shortages of anti-viral drugs. spot shortages and suspension in some places it's happening. they're working with manufacturers to address the shortages in different places. this is the anti-viral drug. i'm not -- >> shepard: talking about tamiflu. >> the big one is tami-ver. that's the big one that they're having trouble with right now, the capsules or the liquid form. vaccine is still available. but providers need to be more flexible in sourcing it. >> shepard: wait. kate. didn't you make calls on this? >> i did. >> shepard: what did you find out? >> 9 of 10 they don't have the vaccine. >> shepard: flu season has not peaked. >> i called my pharmacist. cvs pharmacy is experiencing a

widespread shortage. but we are seeing increased demand across the country. for that reason, may be isolated incidents in which a pharmacy may be out of stock. they suggest calling before you go to your cvs. >> shepard: and speak to the recording. >> san francisco, north carolina, the raleigh news and observer running a story. here's where you can find help. vaccinefinder.org is where you want to go. >> shepard: vaccinefinder.org. top of the hour headlines moments away. stay there. driving bonus check every six months i'm accident free. and i don't share it with mom! right, mom? righttt. safe driving bonus checks. only from allstate. switching to allstate is worth it. let office depot® officemax take care of you. this week all dell pcs are up to twenty five percent off! save even more when you purchase a dell monitor. and make sure you protect your investment. office depot® officemax. officedepot.com we danced in a german dance group. i wore lederhosen.man.

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>> shepard: on this date in 1898, a man from buffalo bought the first car insurance policy. the company travelers sold it to him. of course, the firm is still around today, the umbrella. the policy protected his finances in case of crashes, which were happening more often as cars got more common on the road. until then, travelers had sold only horse and carriage policies. now insurance is required to get

behind the wheel after a company first sold car coverage 120 years ago today. should news break out, we'll break in. breaking news changes everything. "your world" with neil cavuto starts now. >> neil: tomorrow we will all know. the memo will be out and the great constitutional debate might be settled or just starting up. welcome. i'm neil cavuto. fox on top of a battle royale over the release of something the fbi director said would not be a good idea. the president thinks otherwise. tomorrow we'll get to see for ourselves what the fuss is about, whether any parts of it will be redacted, collected, cleaned up. i don't know. i can tell you quickly before we get to blake burman at the white house, wall street doesn't seem to car. more on that in a second. now to blake burman with more. >> president trump has read this memo. he is according to sources expected to declassify