molly: a fox news alert. two people have been killed and 110 injured after an amtrak train collided with a free trade near columbia, south carolina. the train was on its way from new york to miami and crash onto 35 this morning. welcome to "america's news hq" to "america's news hq" paradigm molly. molly: i am eric shawn pit at this hour several people remained in critical condition. trigger the corner just identified two people killed in this crash, both of whom were trained engineers. jonathan serrie in a scene in pine ridge, south carolina and has those breaking details. >> just wrapping up this news

conference on investigators look into the official cause of the train to realm it as far as the identities of the two victims who lost their lives from the crash occurred both her amtrak employees identified as michael camps. he was 54 years old, engineer on board the train and then the conductor onboard, michael cello was 36 years old. a total of 116 people were taken to local hospitals for evaluation. two of them expected to be admitted, the others treated and released with injuries ranging from scratches to broken bones. the crash happened overnight around 245 this morning near a rail yard were several tracks split off the mainline to allow freight trains to unload. authorities believe the csx freight train was empty and sitting on one of the sidetracks when it was struck by the amtrak passenger train. here is the governor. >> it appears to me that the csx

was on the track that he was supposed to be in and that appears to be a loading track or a switch track and it appeared the csx train was on the wrong track and there may be a time factor, but that's what it appears to me. >> that is based on preliminary information at the crash site. ntsb will be conducting official investigation. they are already a anchor they've are to call in the fbi to assist with the investigation and president trump tweeted about the crash same code, thoughts and prayers are with all of the vic is involved in this morning's train collision in south carolina. thank you for incredible first responders for the work they've done. south carolina governor had asked her calling out all those going to go to church on a sunday in other houses of worship to pray for the victims in this crash as well as their families. back to you.

molly: jonathan serrie, thank you very much. eric: president trump pointing to the man was proof he says his campaign administration have been treated in early in the russian probe. meanwhile, democrats calling the memo accurate and questioning -- they're actually calling its accuracy into question. molly henneberg live into question with the latest about the democratic attacks. hi, molly. trade hi, eric. democrats are mischaracterizing the evidence, but republicans insist an absolute abuse of power by the fbi and president of imus department of justice. talking about the dossier that was presented as evidence to the secret fisa court in 2016 to obtain a warrant and then trump adviser to the dossier was put together by a former british spy and paid for by the hillary clinton campaign and the democratic national committee. >> we know it's just political garbage.

it's no more credible than a $2 novel and the fbi used the dossier to survey a private u.s. citizen who has no accusations against him except for he has associations with the trump campaign. >> democrats say the fisa courts were told there was a political motivation behind the dossier. democrats to spew a former fbi deputy director andrew mccabe told lawmakers. the memo says mccabe said in december that no surveillance warrant would've been taught without the dossier. democrats countered by saying that's not what mccabe said. >> that is not what he said. they had the transcript better understand why they would focus on the transcript. they did disclose it was politically motivated source. that's what the judge needed to know. >> congressman stuart said he was part of the questioning of mccabe and insist the intent of the answers is that there would not have been a warrant without the dossier.

eric: molly, thank you very much. molly: from imus, ohio congressman brad wenstrup. thank you for joining us today. we appreciate it. also support the release of the memo and why do you think it is important? >> i think it's important because if you look on the past year, we've installed at every capacity we had with people across the aisle coming doj and fbi to the point where we had to start issuing subpoenas. we were able to get enough together on this particular topic aside from the other parts of the investigation. on what is taking place in the fisa court and we are the purveyors of oversight on doj and fbi, we represent the people. it's our job, part of our mission statement. it was important to get that out. it's important when you talk about the clip for mr. falwell. that is misleading because it's very important that the court understand and know that this is

paid for by the democratic national committee and the hillary clinton campaign. that is a huge thing to leave out in the process. as far as mr. mccabe's statement, let me also add that we had our memo vetted and wanted to do it took a look at it was an attorney at the interview and also as part of the fisa application and gave it the go-ahead saying there was nothing in the memo that was without fact. molly: when it comes to mccabe statement there's been some discrepancy in back-and-forth between democrats and republicans. deputy director mccabe testified in december 2011 that no surveillance would have been a from the fisa court without this dossier information. democrats knew it wasn't said quite that way. would you release the transcript of mccabe's testimony? >> i would as long as we are not releasing anything that has anything to do with national security obviously. mr. stuart was in the room, someone who i trust emphatically

and that certainly was the impression i came away with. let me reference who is the fbi attorney who had oversight on the memo, vetted it and said that's an accurate statement. it may not be word for word but it was inaccurate statement. eric: what about potential release of a democratic memo, a rebuttal memo if you will. do you also support their beliefs? >> sure i do. let me take you through the process they are. adam schiff is arguing we need to have our memo vetted and know that we haven't met that in before returning to dover to the public and took the boat. the first rover took said we let them release their stuart collects, which is what our memo did at first as well. he was arguing it be vetted, but then came back with the motion said he wanted this to be released at the same time as ours immediately. i figure it hasn't i figure it hasn't been vetted so he voted against that. if they come back with a memo that has been vetted and

cleared, i think that is fine and we should have a more open discussion about it. trade through the chairman is also implied there is more to come in this sense, potentially something regarding the state department. if you could shed light on mac or would you support a further release in that regard? >> it depends on the situation, not necessarily another release for further investigation. what i found throughout the investigation as we do find one thing is leading to another and that is how we came upon this. keep in mind a lot that we learn because we really had to push the envelope and a lot of people didn't want to find out things that the financial records of fusion gps. this is the battle we've been facing throughout this whole process which is why we thought it was important at least on this component to get the memo out in front of the american people they should have some knowledge of how their government works. they pay the bills. eric: one domino falls in and the other side of alexis go back and forth and ultimately hopefully we'll have all the answers and shed a light on all

this. we appreciate you sharing a little bit of insight as the process moves forward. >> thank you. appreciate it. eric: republican congressman john garamendi is here with reaction from the other side of the aisle. welcome. good to see you. >> good to be with you. eric: the other side calls it deeply misleading and deeply wrong in the law. can you explain that? >> well, let's just say it is incomplete. clearly come in many of the issues that went before the fisa court on the affidavit from the department of justice is simply not in this memo. it was said to be several hundred pages of information of which the steel dossier was one car. keep in mind that carter page was under surveillance by the fbi dated back as long as 2013 and during the campaign, president trump been announced carter page was one of his top

foreign policy advisers. there is some reason for concern beyond just the dossier. let's get all the information out. eric: sorry to interrupt you. 16 months since the five application or more and he has been in charge. said the venison and energy businessmen who met with business people and he was part of the surveillance in 2013 as you point out, but no wrongdoing with that. but he called him an. >> whatever they may have called them comment he was clearly under surveillance by the fbi dating back as far as 2013 and apparently continuing non-for at least three other fisa warrant and this one being the latest. however, that doesn't necessarily mean that carter page committed a crime, but there may be information relevant. keep in mind where they started.

russia clearly hacked the dnc. they took the information weapon i can use it in the course of the 2016 campaign all of which brought into light the intelligence agencies including the fbi to look at foreign interference in the campaign. nobody has debated. how does that bring us to the trump investigation? was the trump campaign working with the russians during the course of that campaign and then onto this coming year? that is at the mall investigation is all about. >> the critics would say the memo really a separate from some of that and there's been no evidence of this potential coordination with the russians at all. >> that may very well be the case and that brings us back to why do you have a memo at all if it is not connected to it.

the memo seems to have but one purpose and that is to discredit the fbi and principally to discredit rosenstein. so that he would be fired or replaced by somebody that is loyal to the president who can then somehow direct the mueller investigation. eric: sorry for interrupting because of the time. are you troubled by the fact that critics say the government used improper oversight to target an american citizen, specifically carter page that could be used against any of us? >> certainly that is the concern and took us back to the debate on the renewal of the 702, the seven to come watch as the fisa court. that is an issue. however, we cannot make that judgment based on the information we presently have, which is said to be a one-sided memo from the republicans in the intelligence committee. but they get out there and go back and forth, for tat which is

correct, get as much information as possible. certainly we want the fbi and the department of justice to be thorough whenever they present an affidavit to the fisa court on carter page or anybody else come any other united states citizen. that is something we want. in fact, many of us voted for an amendment to the 702 legislation that passed now more than three weeks ago that would have provided more oversight and review before any american citizen is subject and it was project lead by the republicans. eric: is in your opinion the fbi act improperly and that there was evidence of hiding the political actual specifically in dnc thing for this information and other alleged misdeeds? >> bag is to be fairly brought to life. we have a one-sided memo that says that is the case.

the democrats from that committee have a second memo. it is now available to members of congress. eric: should the american people see the five application itself does you what they're talking about? >> a thorough understanding i suspect that they were clearly things in and then presumably that was also in this initial memo from the republicans that are serious national security classifications. so not the whole thing, but at least enough to understand we want always our government to be straightforward and following the law. we have an indication here that there's a controversy in what they did with regard to that memo. however, please understand that the mueller investigation is directly from the speaker of the house of representatives is not affected in any way by this memo. if that is the case with the mueller investigation proceed unhindered by the department of

justice or by anyone else. we need to get to the bottom of that. it is in fact all of our democracy and clearly we have the russians meddling to mysteriously meddling in the 2016 election and we now know from the current republican cia error, mr. pompeo, that the russians fully intend to medal in the 2018 election. we have to be prepared to protect our democracy. eric: absolutely. the question specifically that's been asked is what is president trump or any of his campaign officials part of god and that is of course what is being investigated. congressman garamendi, thank you good >> quite different. eric: go ahead. >> the memo deals with the election.

the mueller investigation is separate and apart from this. this is an effort by republicans to go after rod rosenstein said he might be replaced by somebody who is loyal to the president. >> welcome others to debate at the white house says they will not be fired, but a lot of twists and turns. we will see if the 10 pages, perhaps in the next week or so. congressman germany could thank you for the democratic view on this issue. be sure to stay tuned for "fox news sunday" later today on the fox news channel because chris wallace speaks to former cia director leon panetta about the controversial memo and the impact and effect on the cia right after this newscast 2:00 p.m. eastern about 45 minutes from now. molly. molly: coming up, the latest on the budget versus immigration showdown. that is coming out. and yet gain on president trump's weekend of mar-a-lago.

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molly: two weeks removed from a government shutdown. congress approaching next next budget shutdown. are the two sides any closer to passing a short-term spending

bill. ellison barber and capitol hill with the details on this. >> congress is expected to pass the short-term funding bill this week. the fifth time they pass a stopgap measure this fiscal year. last time disagreements over deferred action for childhood arrival, the obama air a program known as daca led to the shutdown. right now it seems unlikely, but lawmakers on both sides of the aisle say they do not expect a government shutdown. >> there's not likely to be a daca deal, but we are working every single day on telephone calls and person-to-person to reach the bipartisan agreement. >> adult think we'll see a government shutdown again over the subject. >> i don't see a shutdown coming, but i do see a promise by senator mcconnell to bring this critical issue that affects the lives of hundreds of thousands of people in america finally bringing it to a full debate in the senate also are

looking for when there is a shutdown achieve the goal. molly: president trump announced his plan to end daca. there were legal challenges to the decision, but they have until march of that until march at the come up with their own legislation. hundreds of thousands of dreamers, immigrants brought to the u.s. illegally as children could face deportation. immigration is not the only fight when it comes to the budget. democrats have concerns of the levels of domestic spending. they say the short term bills hurt military readiness. real human lives cost to the constant flow of the short-term bill. house speaker paul ryan says making progress on a long-term bill. particularly making progress when it comes to a budgetary agreement, but even if they were able to finalize agreements in that regard commanders still wouldn't wouldn't be time to draft a long-term spending bill by the february deadline.

molly: just a few days ago, alison, a look at the backboard from the budget. eric: congress of both the night to reach the deal on government funding. why not coming out. looking at the tragic train crash in south carolina. following details from there is president trump has been briefed on the tragic situation. phil keating standing by in florida near mar-a-lago with the president's message about the crash. >> hello. the president and first lady melania how big super bowl party plans this evening. right now president trump is down the street at its international golf club. we'll show you what will be talking about at the party and the party in her special guests will be performing for the first family tonight. coming up after the break.

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>> new york state now becoming the first in the nation to provide paid family leave that allows the parents to spend more time for a newborn child or adopted child caring for them. this comes as president trump has received a standing ovation during the state of the union address when he called for a similar federal national policy. fox news network deirdre bolton explained from new york. >> i'm thrilled that i got to see her. >> is working on is one of the first beneficiaries of the new family program. she and her husband faced a cash crunch and dipped into the scene so she could stretch her time off to almost four months. now based in new york policy, she's not forced to choose between focusing on her daughter or her job as she was with her firstborn. >> i'm actually a little sad because i think back to my son

and there were things i don't remember with 10 men with her i feel like i'm really into to what her needs are. >> pew research shows americans favor the concept of national paid family leave. 35% say it's% say it is important is improving transportation infrastructure in dealing with drug addiction. ivanka tremper an open letter in "the wall street journal" making a case for a national plan saying that that investment in america's families. through the state of the union address the president endorsed a national policy. the u.s. is the only industrialized nation where citizens are given paid time off when a family member is deployed on active military service abroad to care for a close relative with a serious health condition or to bond with the newly born, adopted or fostered child. most conservatives including house speaker paul ryan think the free market should determine benefits. they're afraid of creating another entitlement program could new york state lawmakers think they have found a solution

the programmers for nevada residents are weekly payroll tax that is less than 1%. >> you make $27,000 a year is about 65 cents a week. a small amount of income put into the funding will be there when you need it like disability insurance if you get injured on the job and you take the money if they are. >> new york state law offered a big soft paid 50% of the average with ridge with a cap of $650 per week. by 2021 kameny occurs will take more time and be reimbursed with more money. eric: deirdre bolton kai thank you. more information on the president responding on twitter today to what you see there. a deadly train crash in amtrak crash outside of columbia, south carolina. two people were killed come identified as engineers. more than 110 people injured. many of course passengers on the new york to miami bound train. the president is at his mar-a-lago resort and he has

been briefed on the situation. west palm beach covering the president mary lago at the latest. >> hi, eric. sunny and very windy day two for president trump been spent at the winner right house down the street where the president is right now. he's been there for the past four hours. while there, the president did send out this tweet about the deadly amtrak train crash on the train headed from new york to florida. my thoughts and prayers are with all the victims involved in this morning's train collision in south carolina. thank you to our incredible first responders for the incredible work they've done. the president who did this yesterday about the republican house intelligence committee member released on friday in consuming all of the beltway ever since. the memo totally vindicates trump probe of the russian went on -- witchhunt going on and on.

no collusion and obstruction, the word not used because after one year of looking endlessly and finding nothing, collusion is dead. this an american disgrace. "fox news sunday" with chris wallace this morning, former cia director and secretary of defense leon panetta calls represented devin nunes of california, republican chairman of the committee for releasing the memo in the first place. >> i think in this instance very frankly offending as charges against five, particularly without looking at the entire application, without talking to the judges who actually make these decisions, i think that they're responsible. >> meanwhile in "fox and friends" and kellyanne conway faulted democratic pushing back on the memos released. >> is hyperbolic and very hypocritical because again they say charging forward for over a one year now, promising

collusion, promising a change in the election result. that is just not happening. >> later today, the president as well as first lady melania will be receiving special guest at the same country club. the trump international golf club will be the marching owls, the marching band from florida atlantic university that have been on the 6:00 eastern time hour with a super bowl party the president and his wife are hosting them at some point this evening the president and first family board air force one to have back to d.c. super bowl sunday here in palm beach county and 77 reads and sunday come a far cry from our mcauley, chris leventhal in single-digit minneapolis. treasure that is for sure. the president between a.

wicked pigs in a blanket around the oven. i like pigs in a blanket. see you later. mauling. >> lawmakers in congress have until thursday to reach a deal on funding the government. democrats on the defensive after the shutdown two weeks ago. you're doing income indianapolis radio show host thank you for joining me here today. it seems that we keep discussing it and that's because we keep seeing the short-term funding measures being taken and here we are again on the cusp of that happening one more time. in this strange world we live in where just keeping the government of them can be seen as some sort of political but to reinvest funds? >> i think it is a strange world we live in. but we've seen this before. unfortunately we are in it now. the real question is what are our priorities in the bidding between republicans and democrats on the priorities.

what are dollars? do they get sent at all? that is the chasm that's yet to be manually put together but i expect the continuing resolutions to happen. i don't for get to march the her march 22nd. we will see, but i expect them to go along to get along because they don't have a daca deal. it is not a solution. nonanswer. >> it didn't seem to go while the last time around, but now we hear in essence potentially republicans could be causing challenges here. the house freedom caucus directing about what they would really like to see his consistency, so that the military, the pentagon can plan would actually be willing to shut the government down over that considering we know how unpopular that was for the democrats recently? >> the freedom caucus has an interesting point regarding sequester brought up in the state of the union in the condition of our military right now.

secretary madison secretary tillerson both said we need to increase the military spending. we've got plans unable to fly. and maybe that has an issue with training and getting shipped out and ready to go. more and more issues with russia. the fighter jet coming in front of the singles intelligence plane. but the real issue in these things have to be dealt with. the sequester conversation were president trump is part of it, but their conversation is we can't go about halfway doing the military in a world of more and more threats. we have to be consistent and we have to be that much better than the rest. but just a little bit. that much. they will not be a continuing resolution because it appeared molly: stated the union seem so long ago. which just last week point after point talking about priorities and of course has to do with money and spending from here. he's headed to the heartland committee in ohio, continuing to sell his vision where he thinks money should go.

what are people in the heartland saying about the president come a state of the union, where money should be going in the next year in the years to come? >> the real subject command stated the union was indeed that long ago in the world of the 24 hour cycle. what they are really out of the whole thing about the continuing resolutions is that going to affect republicans because the tax cuts are so abusing democrats. in indiana, joe donnelly has a mountain in front of him. sherrod brown with massive issues going on there. missouri claire mccaskill, tax cuts are working, see money come back and in people get larger paychecks and that's the end of the ballgame. they can try and talk about getting a further budget deal. they need to come to the table on it. the thing that can get a member of the tax cuts and president trump gets to say see, i know what i'm talking about when it comes to the economy. trust me on this and get me more hope in 2018. trained you are so much fun to talk to need a chance a chance to listen and talk to people.

one of the big issues is daca, dreamers say they are not getting enough done on the issue and he wants to see the compromise he played out there. you want the wall. where will that actually go? will they see it potentially by march when the deadline comes up? >> i'm going to say no to both her dual shiva for the budget deadline on thursday. for the democrats come in their entire world is no wall and they don't understand how important the wall is for president trump. this is a guy who's a builder. he builds monuments to himself and i'm not trying to say that rudely. the wall is a monument. and if you think he's going to somehow give up on not come you haven't been walking the past two years. try to march will be interesting as well. enjoy talking to you today. thanks for joining us. >> always a pleasure. train to the president will hit the road to tout his tax plan in the strengthening economy.

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when heartburn hits fight back fast with tums chewy bites. fast relief in every bite. crunchy outside. chewy inside. tum tum tum tum tums chewy bites. eric: president trump heads to ohio to taxes -- tout his tax plan could the steep drop before the closing bell on friday. for one the economy and what it means for our future, columnist for the hill, newspaper enough damage. good to see you. going to cincinnati right into the heartland tomorrow where he'll talk about the tax cuts and more. how does he get that message out? he's tied to success in some ways to the stock market. what happened on friday when it gets down 66 points?

>> would have been on friday is clearly bad news. nobody wants to see that. anyone who wants to see a big green arrow going up, not a big red arrow going down. on the other hand, the stock market up 40% since president trump was elected so he can and does take credit for a strong rise. the trip to ohio is clearly focused on the economy, but a slightly different aspect. we know the president is visiting the manufacturing company. the company gave 1000-dollar bonuses to employees after it was passed in december. the president is making the case that his policies are delivering her for the heartland voters who are so pivotal in electing them in the first base. >> a lot of companies eager to bonus around the country are doing not as well as hiring more

people. major companies repatriating billions of dollars in opening new factories. when will that message be reflected or can it be reflected in the polls on there so many other diversions and distractions that bombard the american people? >> it's a great question because in an economic situation as strong as this we would expect a president to have higher approval ratings than president trump does. the ui seen evidence of the polarized nature of our country right now and clearly controversies are weighing him down. he would believe the economy can come apart in the, trump those other five are his blood is really what people care about more and when you talk to republicans here in washington, the argument is precisely that come in the people care about pocketbook issues, and that will eventually pay off in the political sense. >> how do we know when that potentially comes?

you saw it turn the other way in 1992 president george h.w. bush and the war room by james carville and president bush coming out of kuwait. 90% approval ratings. >> way. that was a fascinating election to watch in the way that flip too fast. if people really feel the improving economy is affecting non, then i think the numbers will begin to move to some extent. the nature of president trump as a politician is a certain number of people will support them no matter what and people against them no matter why. those people in the middle can be shifted on economic conditions. they need to feel that affects them. the unemployment rate falling by 0.1% come is your .% doesn't affect people and what they care about is whether they have jobs

or not, whether they move to a better job. if that becomes more white bread, that has to how. >> because of that, do you predict that we will see more of these trips by the president visiting these factories in being out there on out there on the ground trying to hammer the message down? >> i absolutely do because one, but also goes to the broader political point of the president , talking through the people who elect them saying that he is actually done things and it helps make the broader argument that these other controversies are a distraction from the more central personal and more important topics. train to did you get anything extra? i love to make this and see if you would but it doesn't appear in my tape.

eric: i'll check with you on not one next week. molly. molly: still ahead, the biggest football game of the season is a few hours from kickoff in frigid come in minneapolis. they are braving the cold with the latest on super bowl 52. reporter: this just in. toe warmers may not be all they are cracked up to be. the latest on the weather and the big games coming out.

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train to super bowl fever sweeping minneapolis date the philadelphia eagles look for their first championship win against the five times super bowl champions, the new england patriots. rick leventhal is outside minneapolis but the fans are getting prepped for the big game and he's freezing. hi, rick. are you okay? reporter: one of the big debates is whether minneapolis will ever be asked to host another super bowl because this weather is so ridiculous. it is one or two negative one with the windchill at 10 degrees to 20 degrees below zero. they've also had snowfall last couple months which make it difficult to get around the city and get around the super bowl event, parties and concerts for the fans and difficult in for the one person as well.

the game will be played indoors and the fans will get prescreened for security in most cases endured. it's about 71 degrees in there. lots of controversy this year about player protest taking a knee during the national anthem. many players do support our military and wanted you to meet one of them. the winner of the nfl's salute to service award presented by u.s.a. -- u.s.a. appeared in a wide receiver andre robert. >> this is awesome. i'm humbled, honored. >> they are heroes. obviously they watch us and we provide entertainment. we understand what they fight for and who they fight for and what we wanted to as americans in this country. >> the other heroes in this frigid cold are the 3000 local state and federal law

enforcement officers and agents who are handling all the security for all the super bowl event not just here at the stadium, but also around the city and 100 different agencies represented here with a lot on their plate. they challenge her on multiple levels in part because of the stadium sitting right downtown in an urban environment with lots of high rise buildings and windows that must be watched because of recent attacks especially las vegas. the ongoing around-the-clock effort. >> we are looking at social media where we are contacting partners, looking at the 9-1-1 dispatch, looking on or around holding. >> we are told no alarming chatter. the biggest threat right now seems to be this ridiculous cold, which is freezing all of our toes.

>> inside the, specially the game. molly: for the first time in 30 years commemorate their airing a super bowl ad targeting top young recruits looking for a challenge. >> determination to win the nation's call. >> in an effort to track 18 to 24-year-olds, the commercial will only air online for those streaming the game. some people are in it for the commercials. eric: also a big day for the u.s. navy now unveiling at newest high-tech tool coming out. we will show you the new have a billion-dollar ship. -- half a billion dollars

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it is designed to operate near the shoreline at speeds copying 40 knots, that's 50 mph. it's also capable of sailing in the open ocean of course. we will be back later on. >> absolutely, 4:00. >> "fox news sunday" starts right now. >> hello again from fox news in washington. someone forgot to pay the electricity bill. not really, but we lost power to our studio overnight and with duct tape and bailing wire, and a couple of hamsters running really hard, we have jerryrigged in operation to put on this program. keep your fingers crossed. the nation's capital is arguing about that house republican memo accusing the feds of abusing their authority to surveillance of former trump campaign advisor and suggesting the risk of politics at the center of the russia investigation. we begin this hour with two members of the house intelligence committee. from san francisco, democratic congressman eric stalwell