he enjoyed it. officials tell fox that he is planning a military parade here but critics say they are worried about the objects and the cost. most trusted, watched, >> when you hear the sources of that information you are going to do my gosh, i heard that name somewhere before, domestic source. i'm trying to think of secretary clinton defined him, an old friend. >> our broken immigration system, we need better border mechanisms, border security, we need the wall. >> the house voted to approve another short-term spending bill, a step toward avoiding a government shutdown but lawmakers say not there yet. ♪

♪ so close to you right now ♪ >> a little calvin harris to get you moving this morning, live shot in new york city, the sun is not up yet but we are and hopefully your too watching "fox and friends" first on this wednesday morning, great to have you with us. let's get to our top story, the memo war taking center stage in washington, donald trump set to approve the release of the democrats version today that is allegedly full of president material. grip jenkins in dc with brand-new bombshell revelations.

>> reporter: the president may decide as early as today whether to release or block some or all of the democrats counter memo after meeting with deputy attorney general rod rosenstein, chief of staff john kelly says the president has a better understanding of the differences between the two memos. >> i hope the president understands the difference between the first memo, just like in the first memo we received it late last night, the doj, fbi team. >> reporter: them republican lawmakers like trey gourley warned against it, loaded with sensitive information, setting a trap. >> the democrats are politically smart enough to put things in the memo that require either the bureau or the pilot of justice to say it needs to be redacted, therefore it creates this belief that there is something hidden from the american people. >> reporter: this as chuck grassley and lindsey graham release a less redacted version, christopher steel to the doj giving us more information about the fbi's reliance on the first

dossier to get a fisa letter in the warrant they write, the chairman and ranking member providing copies of the two applications requesting authority to conduct surveillance, carter page relied heavily on the dossier, both applications for the foreign intelligence surveillance court, it also contends mister steele lied, quote, it appears either mister steele lied to the fbi, or classified documents were reviewed by the committee, materially false statements. the president meeting with rod rosenstein yesterday, gave devon nunez some reason to feel vindicated and put lights on the motivations of democrats like adam schiff and nancy pelosi who said the president was going to fire rosenstein to create a bit of chaos. we will see how it plays out.

>> the grassley memo was from 2017? >> reporter: that was last month that letter of referral but in it it addresses what happened back in march when the judiciary committee was meeting with players to arrive at the referral the day they sent for the doj on mister steele. heather: lots more to come on this. we have seen the memos and letters but the firestorm simmers down what comes next? according to fox news legal analyst greg jarrett who has been all over the story, those who swore to uphold the law could find themselves on the other side of the law. >> you need a calculator to add up all the various crimes that were committed by the department of justice and the fbi. they concealed vital facts the court, they deceived the judge in getting the warrant approved,

they knew the dossier was phony, was politically motivated, they knew steel was biased and untrustworthy and have lied. when they signed under penalty of perjury in front of the judge that these are true and honest and credible documents, they were there for lying, committing surgery and for every lie in the eight pages you identified it as a separate crime. >> people at the department of justice and fbi, even those who left, representing them. >> in the midst of all of this, into the fbi handling of hillary clinton's private email server, the report could spell out more trouble to the bureau expected this spring. donald trump threatening another government shutdown is democrats

continue their gridlock over immigration. kelly wright live in washington dc where the house passed a short-term spending bill leaving it up to the democrats. >> the drama continues to be more suspenseful is democrats and republicans and the president try to come to an agreement in resolving the problem, donald trump is demanding democrats agree to cracking down on illegal immigration. if they fail to do that donald trump says he will support another government shutdown. >> we will do a shutdown. it is worth it, i would love to see a shutdown, we have to shut it down because democrats don't want safety and unrelated but still related they don't want to take care of our military, shut it down. >> a shutdown may have been

averted due to lawmakers in the house passing a stopgap measure to keep the government funded until march 23rd and now goes to the senate where democrats and republicans are talking about making a longer, two year budget deal. >> i am optimistic that soon we will reach an agreement. >> i discussed the outlines, we are very happy. we can get something really good done. >> reporter: if that something really good gets done, two year budget deal gives donald trump time to find agreement with democrats on immigration, democrats want to provide a pathway to citizenship but donald trump insists on having a border wall ending chain migration and the visa lottery, 1.8 million dreamers in the united states, donald trump wants to help them but only if democrats agreed to make the

border more secure, and improving everything down there. heather: we will talk more about this coming up. comments from donald trump taking a big step forward. >> i call it extreme vetting. our country has enough problems, we don't need more. >> reporter: the president signing in order to establish the national vetting center as a 1-stop shop for screening new immigrants coming to the us. the goal is to help agents identify potential terrorists. the department of homeland security has six month to submit a final plan for the president's approval. one of the terrorist college student who plans on killing americans waking up behind bars instead. sentenced to 18 years in prison after pleading guilty to conspire with the terror group, he was making bombs to the tourist hotspots in new york

city including the statue of liberty. mike pence leading the japanese prime minister overnight holding a bilateral meeting to discuss the alliance against north korea vowing that the us will roll out the toughest and most aggressive sanctions on the rogue regime yet. >> the people of japan, south korea across the region, the global objective, denuclearization. heather: he will speak to american troops stationed at dakota airbase, then tonight he heads to south korea for the winter olympics, kim jung un's sister will attend along with north korean diplomats. a foxbusiness alert, big news yesterday, the tao is on the

rebound. the index closing up about 560 points after a roller coaster two days, the tao seeing historic losses, starting friday, carried into this week, experts chop that up to fears of the federal interest rate hike. donald trump's decision going above and beyond to honor the military may reach an unprecedented level. defense officials say they are in the preliterate stages of planning military parade. on veterans day, to pay tribute to our heroes, a possible parade route in pennsylvania avenue in dc, as inaugural parade. the inspiration for the idea, donald trump's invitation, the

skills parade in france, looks like it is happening. the time is 10 minutes after the top of the hour, the president is expected to release the democrat surveillance memo but the left already setting up a fallback plan. >> we want to make sure the white house does not reject on the memo for political purpose, that is a big control. ♪ i know i'm just an outcast ♪ i shouldn't speak to you ♪ heather: school play scrap, pc police taking a meta-disney classic, have they finally gone too far? representing the country this time in a different way, meet one of the seven soldiers in the olympics when sergeant max joins us live from south korea. ♪

>> deflecting the fisa focus back to the white house as donald trump expected to approve the release of their memo. >> we want to make sure any rejections that are made are fully explained to our committee by the fbi was a moment of justice and the white house. we want to make sure the white house does not redact our memo for political purpose and that is a deep concern. >> sources are also telling fox news that the left rebuttal is loaded with sensitive details. what is this -- was a solid track? here to weigh in is john jordan. thank you for joining us, appreciate it. i want to begin with that question. there are some other things you

want to get into but you believe this is a set up by democrats because they know the president will have to say this can't be released? >> that is precisely what it is. keep in mind the democrats voted in lockstep in committee to prevent not only the republican memo from being released to the public, they voted to prevent it from being released to the house of representatives, now that there is political fallout from that they needed a strategy to blunt the political impact and do some damage control. and that is why they have loaded it with national security sources and methods info so the white house would be obligated to redact it and they will turn around and say they are doing it for political purposes knowing the white house can't adequately defend itself without revealing those sources so it is a secular trap they are setting. >> one of the other issues is the woods procedure. if people at home don't know what that is it was named after an fbi agent, we can show people at home it was implemented for

incorrect information that was repeated in subsequent packages like signing and swearing to the declaration, headquarters agents, knowledge of what is contained in the declaration. and you think this would be a violation of that. >> the woods procedure is go back to april 2001 and what it illustrates is the number of fingers and hands that were on the steel dossier before it was signed off on under oath before a fisa judge, they have an approval rate of 99% for government applications and they are done in secret so an extra sent didn't set of safeguards was set up that requires not only that special agent doing fieldwork sign off on it, his supervisor, special agent in charge gets kicked up to fbi headquarters, it goes to the doj for the national security division all of whom have to approve it and it is signed under oath from a judge.

looks like there is criminal wrongdoing, if it is unverified which it appears it was, it illustrates how widespread the swamp may be on the fbi, illustrating quite clearly, attorney general sessions have a terrible time raining in the fbi, and looks like the problem is metastasizing. this is a concern for all americans of correct. heather: not just christopher steal the questions surrounding him, and in any way those sources he used were legit. >> fusion gps, or's wife was killed by fusion gps, and the department of justice to bruce or who hasn't been fired but

reassigned. heather: we will see what happens to block the release of it. he met with rod rosenstein, perhaps rod rosenstein can say this can't be released, interesting to see what democrats say if that happens if they seem to support him. >> very interesting indeed. the time is almost 20 minutes past the top of the hour, a brand-new policy from a major pharmacy chain. >> i call upon all of us to some of the unity we need to deliver for the people who were elected to serve. heather: donald from calling out democrats for sitting during the state of the union address, carly shimkus is here with a brand-new ad turning the tables on the left. ♪

heather: putting politics above the american people do you remember when democrats refused to stand during donald trump's state of the union the president firing back with a new campaign ad. >> i call upon all of us to set aside our differences to seek out common ground and some of the unity we need to deliver for the people we are elected to serve. >> serious xm 115, carly shimkus is here with reaction. >> reporter: donald trump's reelection campaign released a new ad showing prominent democrats who refused to stand during his state of the union address during moments that should have received bipartisan support. take a look.

>> we have created 2.4 million new jobs. unemployment claims have hit a 45 year low. african-american unemployment stands at the lowest rate ever recorded. this in fact is our new american moment. heather: is this ad effective? some on social media say the president has a point, got to admit they could have at least clapped or partially smiled for things they agree with but the dnc would be really angry, no doubt, party over people. there has been hostility on both sides of the aisle, donald trump was criticized for suggesting democrats committed treason for refusing to stand during his state of the union address. heather: democrats alleging the president committed treason multiple times so far during his administration. another issue, something else happening involving a school musical.

>> high school in new york, canceling production of the hunchback of notre dame because a white student received the role of as morale the. angry students sent the school a letter saying the young woman who was cast in this role has a large, blonde hair and is the epitome of whiteness legit best this is cultural appropriation, at worst it was whitewashing. she is a good actor, good dancer, any production would be lucky to have her but is not right for the role. so the school canceled the production. social media sounding off, braden says this is getting ridiculous, creating a culture of victimhood is terrible for the country. dale brings up a point saying what happened to the best person getting the role because of their performance? heather: we have heard of these issues happening in hollywood as well. i am one of these people who did this yesterday, retweeted the launch of elon musk's massive

space x rocket. >> space x launched the world's most powerful rocket into space yesterday. if you missed it, here is part of it. >> 3, 2, one. >> social media went absolutely wild, donald trump tweeted out of it, congratulations elon musk on space x on the successful falcon heavy lunch. even getting the attention of the president. how could you not? >> there is a tesla in there. there is even a car. thank you so much, appreciate it. the illegal immigrant twice deported accused of drunk driving killing an nfl player now becoming the trump administration's fight on immigration reform, donald trump double down on ms 13.

>> ms 13 recruits through our broken immigration system violating our borders, we are never going to solve this problem. heather: is it the proof we need a wall more than ever? we debate it up next. ♪

heather: a new disaster for amtrak as a train breaks apart. this happens while traveling at 125 mph. two train silently separating on the way from new york to washington dc. none of the 52 passengers on board were injured, this follows three recent deadly incidents for the rail service including sundance collision in south carolina leaving one person dead. last week's collision with a truck in virginia happened

involving republican lawmakers, one person died in the incident and in december a train from seattle to portland, washington, derailed on an overpass killing three people. at least four people are dead, hundreds injured after an earthquake rocked taiwan. the 6.4 magnitude quake causing numerous buildings to collapse altogether or tilt. the quake causing this military hospital to collapse. trapping people inside. 170 people are missing at this hour, many trapped inside their homes. taiwan had just been hit by a shallow earthquake sunday. americans joining isis in syria. a major threat to the us and that according to a disturbing new report we have to tell you about. george washington university program on extremism found 64 joined the fight overseas and nearly half survived and could return to the us. one of them, texas man who took the formal route, authorities

say warren clark said the terror group his resume saying he was well-equipped to teach english. they believe isis did in fact hire him to work in the middle east. the mother of natalie holloway, the alabama teenager who mysteriously vanished in aruba 20 years ago, hard to believe it was that long ago, is suing a major tv network, filing $35 million lawsuit against the network oxygen claiming they created a fake documentary series on her daughter. she says the producers tricked her into providing dna after they claimed they had a match. natalie's body was never found on the island. she was last seen with johann vander snoot who is serving a sentence for killing another woman in 2010. donald trump making the dangerous ms 13 the face of his crackdown on border security,

charges are filed against the illegal immigrant accused, more on this story. >> a roundtable at the white house saying he would shut down the government over lax immigration laws which he blames for the rise of ms 13. the roundtable highlighting 30% of ms 13 gang members are coming to the us as unaccompanied minors, perfect age for gained recruitment with doj estimating 10,000 ms 13 members already here. >> ms 13 recruits our broken immigration system tougher now since we have been there. we need much better border mechanisms and border security, we need the wall, get the wall. we don't have the wall we are never going to solve this problem. if we don't change legislation. killers are allowed to come into our country and continue to

kill. if we don't change it let's have a shut down. we will do a shutdown and it is worth it for our country. >> the tough talk comes the same day the justice department announced federal immigration charges against the illegal immigrant suspected of killing an nfl player in a drunk driving crash. 37-year-old manwell had been deported but entered the us illegally before the crash the killed indianapolis colts linebacker edwin jackson. donald trump tweeting so disgraceful that a person illegally in our country killed colts linebacker edwin jackson, one of many such preventable tragedies, we must get the dems to get tougher on the border and with illegal immigration fast, to that end donald trump signed a memorandum to establish vetting centers for individuals attempting to enter our country. heather: we will talk more about this right now. donald trump refusing to back down, the president challenging democrats saying he welcomes the

shutdown. if they are going to refuse to make a deal. what is next? here to debate is jim newgreen and councilman joe will rally. thank you for joining us. lots to get through. let's begin with the first part of this, the president saying he would love to see the shutdown blaming it on democrats if it does happen. >> our president is a drama queen. he likes the drama of the possibility of the government shutting down. he doesn't like it are government employees and citizens who rely on government services who are saying get this together. republicans have had control of both houses for three years, why have we not been able to get a long-term funding plan in place. i understand drama is where he came from being a celebrity talkshow host, that is fine for that time in his career. now as president it is not about

embracing drama but getting to the bottom of these deals in a way that is bipartisan. bipartisanship is how our democracy works. heather: he gave them a bipartisan chance to get the deal done and put together on daca until march 5th when it runs out, gave them a chance to do that and they could come together to do it. >> let's be clear, the only concession democrats got was a vote on this daca deal, the president offered a deal that goes beyond the initial 690,000 daca recipient, broadens that to 1.8 million people who would otherwise have been qualified, it is very generous deal, the president is asking democrats to support border security measures, talk about getting things done, barack obama stood up there in 2013 state of the union and said real reform even stronger border security and got a standing ovation from both

parties. the first year of his last term, four years to get it done, two years with a 60 seat majority in 2009, could not get the job done. heather: what about democrats who supported it then under president obama but don't support it now under donald trump. >> i don't recall any democrat supporting sending $30 billion on a wall when we have bridges that are crumbling, schools that need to be rebuilt. heather: he is not asking -- what is he asking for now? >> 2013. >> let's rebuild our schools, rebuild our roads, invest in the infrastructure, doesn't follow through with his actual plan on how to get there. >> what about the latest incident with this nfl player, twice deported illegal immigrants, sent back to guatemala, last time he wasn't supposed to return for 20 years or something like that, he comes

back and now this person who is dead as a result. >> my heart goes out to his family, to the thousands of people killed by drunk drivers every year, i started my activism in high school, students against drunk driving. >> he was also an illegal immigrant. >> to, lies an entire population when a baker commits a murder, do we then criminalize all bakers, or whatever description of a person is. this is politically motivated, it is disgusting and the reality is immigrants commit less crimes than citizens. they are not -- heather: he wasn't a legal immigrants, wouldn't have happened if he hadn't come back after he was deported twice but it is an issue? compared to a baker. it is a very to begin with. >> let's concede the majority of people across our borders going out and driving drunk and

committing crimes but this is someone who has had no respect for our laws, but for judge twice, he was deported three times and in this instance committed a very serious crime resulting in the death not just of an nfl player -- that is why the president wants a vetting system and in 2013 every member of the democratic caucus voted for border security which included $40 billion, we are asking democrats to do is follow through on what you supported in the past. >> don't use it, lies an entire population. when they actually commit crimes -- heather: you are including legal immigrants in that. >> illegal immigrants -- a human being can't be illegal. they commit crimes -- heather: you can be illegal if you don't follow the rules to get into this country.

thank you for joining us, appreciate it. 20 minutes until the top of the our. a bus packed with kids swerving toward a river as the driver loses control until a quick thinking 13-year-old jumps into action. >> swerve into the river. >> what this brave teenager did to save those students. >> fake news, folks, fake news, new york times, fake story. heather: donald trump not the only one calling out the fake news media, the billboard echoing his concern that didn't last too long. ♪

>> politically charged fake news billboard taken down, media giant viacom, two days after this was put up.

it was put up by pro trump supported committee to defend the president. the had called out several major news outlets, you can see them at the top alleging the hillary clinton campaign abused donation funds, the 5 figure and was supposed to run the entire week but it is down so take a look at it right there. walgreens the latest company to allow customers to use the bathroom of their choice based on gender identity. the new nationwide policy implemented in all 8100 words after just one person complained being denied access to the women's room in los angeles. in 2016 target was the first major company sparking outrage making changes to their bathroom policy. now a fox is alert, the dow jones rallying shooting up 600 points one day after it plunged a record 1100 points monday. tracy from foxbusiness here with

a look at the futures and how they are looking today. >> reporter: yesterday was a wild ride on wall street changing direction 29 times, the tao goes back and forth between gains and losses trading with a range of 1200 points but here is how we end the day, up 600 points, up 567, 2.3% to 24,912 but looking at futures, they are opening lower, down 200 points at my last check. we will see how today goes, we could be in for another wild day of volatility. heather: let's hope it goes up. apple weighing rebates for replaced batteries. >> it continues with apple, in a letter apple says they are seeing strong demand for replacing batteries and a possibility of a rebates, to

replace their iphone batteries. $29 after admitting and apologizing that they were intentionally slowing down iphone batteries as they were starting to age. no final decision from apple if they are going to offer those rebates but people would like to get one. heather: i think they deserve one. appreciate it. the time is 10 minutes until the top of the hour. representing his country in a different way. meet one of the 7 soldiers participating in the olympics. sergeant matt mortensen joins us live from south korea, joins us next. don't miss that. ♪

>> the opening ceremonies for the olympic games kicking off friday, 242 american athletes, 107 women, 135 men and among those men, seven army soldiers representing their country again but this time by showcasing their athletic ability. one of those soldiers, sergeant matt mortensen participating in the men lose double, joined me live from south korea, thank you for joining us, appreciate it this morning. >> thank you for inviting me, very happy to be here. >> your parents are over their too, what is it like over there right now? >> very cold. i haven't been in korea too long. i just got back from japan the other day and made my way to the olympic village, a lot of transportation in the past

couple days, i was here in the fall, there has been a lot of construction they were wrapping up when we left but it was very nice, excited to be here. heather: the i cannot imagine, given the program that allows you to be there it is called the u.s. army insulation management command world-class athletes program. >> the world-class athletes program, that program allows me to serve my country and two ways, being a soldier first and foremost and as an athlete. allows me to stay on both sides of the fence. i track what i need to do is an elite athlete and i can still participate in military as a soldier in keeping up-to-date with what they expect of me. heather: this is your second time to the olympics.

>> yes, my second time at the winter olympic games, really happy to be here. it is different this time. last time i was excited to just absorb the experience and go through my first olympic games, first olympic experience, this time i am focused on my competition. that my teammate and i can do very well. i'm very anxious to get into the ad and start training. heather: where are you from in the united states? >> i'm from long island, new york. we have a ton of boundaries there. i'm just kidding. the slider surge comes around, 9 through 13, my father worked for verizon which was a main sponsor of the sport and they had one of these slider surgees on long

island. i went and tried out, thought it would be a cool way to bond with him, didn't get to see him a lot because he was always commuting to the city so i actually went to that tryout, fell in love with this sport, then heard i could go to the olympics and after that it was a done deal for me. heather: you have been doing this for a while. >> yes. this is my 20th year. i'm not that old, only 32 but we start, been around for a little while. heather: the cold weather should benefit you. >> absolutely. the colder the better. it levels the playing field, we do well on cold weather, great for us to be doing that. heather: we will be pulling for you for sure. thank you so much for taking time to join us, appreciate it. >> you have a very nice day. heather: thank you for your

service as well. >> thank you. >> it is 8 minutes until the top of the hour and tanked at takeoff, the airline pilot facing the music after getting busted drunk behind the controls. >> crying and stuff, to hang onto them. >> a bus packed with kids swerving toward a river as the driver loses control. a quick thinking 13-year-old being hailed a hero. - honey, remember to slaughter the tomatoes

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heather: another european country set to ban islamic veils that are incompatible with values. denmark settlement planning to find anyone who wears burqas in public, there's a danish prime minister think it disrespects trusts by not being able to see each other face-to-face. france, belgium and netherlands have banned them. a former alaska airlines pilot facing more than a year in federal prison after being can't find a passenger plane while drunk. of federal prosecutor says david artson pled guilty flying a plane from san diego to portland and back to john wayne airport in southern california. a random blood test showed his

blood-alcohol level was more than three times the legal limit and he has already lost his pilot's license. another state suing the maker of oxycontin accusing it of helping fuel the opioid epidemic. alabama's attorney general said purdue pharma deceptively marketed the painkillers to generate billions of dollars in sales. 13 states of filed lawsuits, purdue denies allegations. opioids contributed to 42,000 overdose death in the us. a texas middle school student held a hero after driving a school bus to safety, six children were on board heading home when the driver had a medical emergency and 13-year-old carson jumped into action. >> told them to go to the back. i told them to hang on.

swerving into the river. heather: sitting on the drivers , kicked his feet off the pedal and drove two miles down the highway while another called 911. the bus came to a stop, the driver is expected to be okay and all those kids are okay thanks to that 13-year-old. that wraps it up for us. "fox and friends" first continues, i will see you out here tomorrow, goodbye. >> i think the democrats are politically smart enough to put things in a memo that requires a bureau or the part of justice to say it needs to be redacted. >> wednesday, february 7th, the president said to release the democratic memo rebuttal, brand-new concerns that it is loaded with sensitive information for donald trump. >> border patrol agent brutally beaten to death at the hands of illegal immigrants come a what we just learned