the ibm cloud. the cloud for smarter business. >> we have a show to finish here. thanks for joining us today. "happening now" starts right now. >> jon: a fox news alert on the fate of the democratic rebuttal to the gop fisa memo. the white house reviewing that document. will you get to see it? that's the question this morning. good morning to you i'm jon scott. >> i'm melissa francis. president trump has until friday to block the release of the democrats' counter memo. written by adam schiff. it is said to be lengthier and not as clean as the gop one. the white house says the 10-page document will undergo the exact same legal and national security review process as the gop memo and

schiff believes the president would be hard pressed to stop it from going forward. >> jon: john roberts live with more on this. >> good morning. the white house would be hard pressed to stop the memo from going forward. they're talking about the idea the ranking member of the intelligence committee adam schiff is laying a trap for the white house with this memo. we reported this all day yesterday. now the white house and other republicans are talking about the idea that in this memo there is a significant amount of information that goes to sources and methods that would either have to be redacted or perhaps lead to objections from the white house about its declassification. listen to what the chief of staff john kelly said yesterday on capitol hill. >> we'll brief the president on it and he will have a decision to make as to what he wants to do with it. should he do the same thing he did on the first memo and essentially declassify it or

should he declassify it with some redactions? this is not as clean a memo as the first one. >> this is not as clean a memo as first one. information in there, quite a bit that will have to be taken out or the president object to its declassification. the white house smells a scheme for the democrats to say there is a double standard in how the democratic memo is being treated compared to the gop memo last week. it was released with no redactions. trey gowdy believes the same thing. let's hear from gowdy and then the white house. >> the democrats are politically smart enough to put things in the memo that require either the bureau or the department of justice to say it needs to be redacted, therefore it creates this belief there is something being hidden from the american people. >> the democrats are playing politics with people's lives here they tried to load in sources and methods so we would have to redact it so they could claim some type of political bias against them. >> more revelations from the

text message chain between f.b.i. agent peter strzok and then f.b.i. attorney lisa page. new text messages reveal on september 2, 2016 page texts strzok about preparing talking points for f.b.i. director james comey saying potus wants to know everything we're doing. raising questions about then president obama's involvement or at least interest in the hillary clinton email investigation. then after the discovery of emails on anthony wiener's computer september 28, 2016 strzok rights got called up to andrew mccabe's office earlier, the deputy director of the f.b.i. who recently resigned. hundreds of thousands of emails turned over by wiener's attorney includes a ton of material from spouse sending team up tomorrow to review. this will never end. as we now know it took a month from the time those emails were discovered until james comey went to congress in late october to say he was reopening the investigation into hillary

clinton's emails. on election day strzok and page's disdain for president trump is really laid bare. page writes oh my god, this is terrifying. a week later page writes god, being here makes me angry. lots of national security talk. meanwhile we have our task ahead of us. we do not know what that task is. but this is really interesting, jon, the last text message that was ever exchanged between the two was june 23, 2017 lisa page writes to peter strzok. please don't ever text me again. we do not know the context of that tweet but anybody who has received a tweet like that or a text message. anyone who has received a text message like that could probably surmise what that's all about. >> jon: it raises questions as to why these tweets disappeared -- text messages, why they disappeared for so long.

was it innocuous or something else? >> there is more out there that the inspector general has that we'll probably learn about as time wears on here. >> jon: more fascinating revelations ahead. >> to say the least. rex tillerson departing columbia after a visit to the u.s. mission there. he is now flying to jamaica. but he has russia on his mind. exclusive interview with fox news he said russia is trying to meddle with our elections again. this time they are going after the mid-terms. and he says america isn't prepared to stop it. rich edson is live in bogota, columbia where secretary tillerson just departed about an hour ago. rich. >> good morning, melissa. secretary of state rex tillerson says the united states can already see russia trying to interfere with in year's mid-term elections and russia is only inviting consequences by doing so. he acknowledges there is only

so much the u.s. can do to counteract that interference. >> i don't know that i would say we're better prepared because the russians will adapt as well. if -- the point is, if it's their intention to interfere, they are going to find ways to do that and we can take steps we can take but this is something that once they decide they are going to do it it's very difficult. >> he also condemned russian actions in syria providing air cover for the assad regime and failing to rid that country of chemical weapons that it uses on its citizens and also says russia can deny that all it wants but needs to move to a different place on its actions in syria. we also asked the secretary of state whether vice president mike pence traveling to the olympics in south korea would attempt to initiate a conversation with north korean officials. he said he would only say that vice president mike pence is there and we'll just have to see what happens. back to you.

>> yes, we will. thanks so much. >> jon: the dow is rising again today after bouncing up and down this week. up right now almost 300 points. it is a reminder that nothing is set in stone. one of the headlines in the "wall street journal" reads cold numbers up and mid-term election assumptions. stock market turbulence is a reminder the landscape could shift dramatically before november. let's talk about what it means for congress and the mid-term elections. the author of that article joins me now, executive washington editor for the "wall street journal." much has been made of the slide in the stock market in recent days. but overall it is still up more than 25% since president trump took office. >> it's a reminder you need a little perspective on all these things. on the one hand it is probably political folly for any politician in this case the president i suppose or any party to put too much political

stock in stock market numbers. they go up and down. you don't want to be responsible for the slide which you cannot really control. on the other hand the environment has been pretty good for republicans in part because of a rising stock market over the last year as you say. and they have been counting on improving economic confidence that emerged from that environment to be their best argument in the mid-term elections this year. i think one of the things the slide in the stock market this week does is raises the question is the edge taken off of that confidence a little bit? you know, it's a reminder how long there is to go and how many things can happen before november. >> jon: one of the lines in your piece i wanted to share. for republicans the key is whether the real economic news can stay positive regardless of the stock market jitters and whether the party can get more credit for it than mr. trump has so far. the economy's feel in the next few months is key. one of the things that will be happening and is happening as of february, as of this month,

people are starting to see more money in their take home pay. >> right. there is definitely a boost in perception as a result of that. you saw some of the numbers in polls turn around shortly after the tax cut was passed. so maybe there is a connection there. the odds that -- the numbers that said people wanted republicans to control congress after the election started og up after the tax bill was passed. bonuses are a good thing. more importantly the underlying fundamentals remain sound for republicans. you have to have unemployment stay low, economic growth stay at a strong pace. it takes a while for those numbers to sink in. i think those are both more important economic indicators for the political world than the level of the stock market is. >> jon: here is what the president had to say about all this this morning. he writes in the old days when good news was reported the stock market would go up. today when good news is reported the stock market goes down. big mistake and we have so much

good, great, news about the economy. again i would remind even the president that yes, the stock market is down substantially over the last few days. it is up 300 points now today. but overall up significantly since the election. >> it is also not true when news is good the stock market goes up. often good news in the real economy is bad news for the stock market. in this case and exactly what's going on here higher economic growth and higher wages add up to the potential for more inflation which adds up in turn to higher interest rates from the fed and that scares the markets. good news in the real economy often is bad news in the stock market. there is certainly an element of that and probably the major explanation now. the stock markets worrying about too much strength in the economy as they are now. >> jon: democrats are confidence about their prospects from november. it might be a little premature also. >> what's happened in the last month or so is that public

polling, the poll with the "wall street journal" and nbc news shows the percentage of americans who say they want democrats to control congress after the mid-term elections has been dropping. our poll was 11% in december. down to 6% in january. other polls on average have the same kind of drop. something happened to take a little bit of the edge off what was a pretty good picture for the democrats. we're talking in february. we are looking forward to election in november. in american politics now that gap of time is an eternity. there will be lots of twists and turns. >> jon: we have to see if voters think they are getting crumbs in their paychecks as nancy pelosi said. good to have you on, jerry. >> the clock is ticking to yet another government shutdown. can you believe it? if lawmakers don't come to an agreement on a spending measure, will they be able to hammer out a deal? we'll discuss that straight ahead. plus a new report has revealed that declassified information on u.s. military defense

technology has been hacked by russian cyber spies. how were they able to breach our defenses and what exactly did they learn? >> i think the russian attempts to get at our personal email or official email or social media accounts represents a grave threat.

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supported by innovative packaging that extends the shelf life of foods and infrastructure upgrades that help us share our produce with the world. all across new york state, we're building the new new york. to grow your business with us in new york state, visit esd.ny.gov >> jon: right now a disturbing new report reveals russian hackers have successfully gained access to sensitive information about u.s. defense technology. cyber spies were able to infiltrate classified data about our military drones, missiles and stealth fighter jets. the hackers used phishing links that exploited weaknesses in poorly protected email accounts of defense contractors. >> the drones that russia has acquired so far are in the micro uavs. but the drones they're looking

to acquire are more sophisticated and carry out more -- >> jon: it extended from march 2015 to may 2016 and only partial. >> melissa: the budget battle playing out in washington the house passed a measure to keep the lights on in washington until march 23. the senate is working on its own version. yesterday senate leaders reportedly met to hash out a funding bill to avert a government shutdown. it would boost both defense and domestic spending. the white house is hopeful lawmakers will come to an agreement. >> i don't expect a shutdown now. the budget cap deal put in place higher caps and allow them to go write the bill to come to the president's desk on spending for 2018 at the end of march. >> melissa: the chairman of the

house financial services committee is joining us. i think a lot of americans cannot believe that we are going through this again. what would you say to them? >> what i would say is that a majority of the house is voted to keep the government open. the last time this occurred a majority of the senate voted to keep the government open. but unfortunately we have this odd senate rule that calls for a super majority to keep the government open and that means democrats can shut it down for unrelated items which they did last time. so the house has now passed a bill to keep the government open and to ensure that we fully fund our military because we have men and women in uniform in harm's way that have been short changed. we've had more fatalities in training accidents than we have those actually killed in combat. so unfortunately democrats are holding our men and women and military hostage yet again. i hope as republicans we don't

let them get away with it and the american people need to know this. >> melissa: congressman duncan hunter putting the blame on the senate. listen to what he had to say a short time ago. >> politicians they never met anybody in the military. they used to be in the student body president and now they're a congressman, right? they don't understand the impact that not doing a budget doing continuing resolutions over again how it hurts the military. now you have people dying in training. more than ever, right? you have them dying training in the u.s. now. i think that is starting to get through somewhat to these politicians here in d.c. >> melissa: the problem is americans at home don't differentiate between you guys and senators going about their life trying to pay their bills and take care of their family and go why can't these guys get their job done? >> again, that's why i accept invitations like this to come on your program to ensure that the american people know i want

the senate to get rid of this so-called rule that's not in the constitution, not written into law that allows a small minority to hold our military hostage and i hope as republicans that we don't pay ransom. what the democrats are demanding is that we jack up all these funds for non-military spending that we hasten the bankruptcy of our country. we shouldn't do it. we should allow the american people to see who is putting our troops in harm's way and it is clearly the democrats and in this case the senate over my shoulder. >> melissa: congressman, people being ham strung by rules you created. it feels ridiculous. you could undo it as quickly as you did it. to blame rules that senators created for they created and it leads to -- if you can demonstrate you aren't part of the problem it makes americans throw up their hands and say the whole place is a big giant

swamp. >> it happens to be incredible reality. as a house member i cannot change senate rules and everybody learned in civics 101 there are two chambers in this house. i work in that one, the senate is over here. it is a reality. they have this rule. anybody who can hear this program i urge you contact your senator and say stop the madness and allow -- get the job done and let the majority rule and tell democrats not to hold our military hostage and to tell republicans don't pay ransom. don't bankrupt the country in order to get our funding for the troops to give the democrats what they are demanding that bank rupts our country and funds alphabet soup agency government taking away our freedoms. >> melissa: we keep getting bogged down in the senate. we'll see what happens there. thank you for coming on. >> jon: vice president mike pence is in asia putting new pressure on north korea ahead

of the winter olympics in south korea. what the u.s. is planning to do as the rogue nation gets closer to developing nuclear capable icbms. >> north korea as we discussed today continues to threaten our country, japan and the wider world by supporting terrorism, developing nuclear weapons and testing ballistic missiles. your brain changes as you get older. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember.

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>> jon: vice president mike pence is in tokyo reiterating washington's stance on north korea's nuclear threat while en route to south korea for the winter olympics. >> to that end i'm announcing today that the united states of america will soon unveil the toughest and most aggressive

round of economic sanctions on north korea ever. and we will continue to isolate north korea until it abandons its nuclear and ballistic missile program once and for all. >> jon: let's bring in retired four-star general jack keane. he is chairman of the institute for the study of war and fox news senior strategic analyst. the vice president among other things is certainly keeping the pressure on north korea with his words in asia, general. >> that's a fact. maximum pressure is the way the administration defines it. from my sources we've shut down about 70 to 80% of their revenue sources and other commodities. that still means things are slipping through. so i think that's what the vice president is about here. he wants to shut the door completely. i suspect that china is also still providing them some assistance. we know for a fact, jon, that they are gaining some oil and

some other resources from the sea and i think what we should do is blockade that and shut that down, too, as part of our economic sanctions. shut off that door entirely. so yes, we got to get tough because the cia director told us right here on fox not too long ago that we are just months away from nuclearized icbms capable of reaching the united states having solveed the technology challenge of reentry. that's months away. we've got a showdown coming and we have to start pulling out all the stops. >> jon: you advocate a blockade when the kim regime feels boxed in they seem to lash out. >> it's a good question and part of the discussion when the president is provided that option. i take heart with what pompeo told us, the director of c.i.a.

he believed that kim jong-un is a rational actor despite his language. if you accept the fact he is a rational actor we're strangling him economically with other countries shutting it down. the blockade would be part of economic sanctions. i don't believe he would react to that because he hasn't reacted to the other economic sanctions. i think it's something we should do and i think we should contact cyberattack against him now. his information, finance banking and energy systems. they are limited by comparison to an industrialized state. >> jon: the pentagon is adopting a new policy that would remove military members who have been non-deployable for the past 12 months or more. it is one of the new defense department policies under final review. the idea is what, general? that some of our troops are

simply out of shape and not ready to go fight a battle? >> well, what has happened. our non-deployables have spiked. when you can't deploy, that affects the readiness of an organization. and when we have a couple hundred thousand of them like what we have, then that means those organizations will miss those people and have to put others in them. the military is the smallest it's been in 75 years we can't make up for that 235,000 that we're missing. so we'll get tough on this. most of it has to do with our processing, jon. not so much the individual troop themselves. it is that our system is not efficient enough to really process these people, get them taken care of properly, get them done administratively and also move them out of the system if they no longer can make a contribution. >> jon: it should be pointed out those who have been wounded in battle can be exempted from this order.

>> yeah. listen. we're a compassionate organization. people have sacrificed for us and have the potential of providing full duty in the future. we will certainly underwrite that. >> jon: i want to get your take on some new orders from president trump. he is wanting the pentagon to plan a military parade in washington honoring our armed forces later this year. we don't see that kind of thing very often in this country. what do you think about it? >> that comes as a result of bastille day in july in paris and he saw a very impressive french parade. look, jon, if the president wants a military parade the pentagon will give it to him. we don't parade. we train and we fight, all right? these european militaries and some other guys dress up in fancy outfits with fancy uniforms, sabres all over the place, shiny helmets. we're pragmatic military. we reflect the american people.

informal. uniforms are dull by comparison. we train and we fight. we bear the burdens around the world. these other guys do a lot more parading than they do fighting. if the president wants a parade from the united states military, he will get his parade. >> jon: you wouldn't expect to see a trident missile rolling past the washington monument. >> no way. we aren't russia, china or north korea. that's for sure. >> jon: all right. interesting times ahead. general jack keane, good to have you on. >> melissa: more text messages between peter strzok and lisa page raising new concerns about the clinton email investigation. what these texts say that have a senate committee questioning the f.b.i. handling of the probe. people would stare. psoriasis does that. it was tough getting out there on stage.

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agent peter strzok and attorney lisa page casting for doubt on the f.b.i.'s clinton email investigation. one text in particular saying then president obama wanted to know everything we were doing. no clear indication what that text refers to but republican lawmakers say it raises serious questions about president obama's personal involvement in the probe. here is congressman this morning on "fox & friends." >> you know it means the president wants to know what they are doing to try to stop trump because that's clearly from all the other text messages, that's what they were working on, that's what they cared about, and so we need to find out. we can't be like the fisa court. we have to actually have the facts. we need to get to the bottom of this and find out what the president knew. >> melissa: let's bring in our panel. professor from johns hopkins

university and fox news contributor. i don't know if it necessarily means what you just heard there. it could mean that he wanted to be consulted at the time they were editing that speech for f.b.i. director james comey when he came out and explained sort of what the email investigation had come to and why they were deciding not to pursue it any longer. does it matter -- do you think that's what he wanted to know about and why does that matter? >> i think it all matters. look, where there is smoke there is fire. we at least need to ask the questions. there is a reason why the f.b.i. and d.o.j. were trying to block these text messages from coming out. you have to ask yourself what did they have to hide? this could be about the -- this part looks like it was about the hillary clinton investigation. president obama clearly had a stake in her being exonerated and trump not winning the election. there are a lot of questions.

we can't just say well -- i think there is a reason why they were blocking these and the american people deserve to know. this is just like a mystery that keeps unfolding and gets dirtier and dirtier and now we know it goes to the top. >> melissa: president trump tweeting moments ago. the new texts are bombshells. wendy, what do you think about that? and what do you make of the texts? >> this is just another tile in the mosaic to try to discredit our intelligence community. september 28th ab drew mccabe briefed his team and october 28 comey went out and said i received new text messages and i need to basically reopen this case against hillary clinton. new emails. it is okay that they are investigating this. let's not make it seem as though this discredits or undermines our intelligence community. that's not the case. robert mueller has been said time and time again to have the confidence of the republicans and time and time again doing the job. >> melissa: let me give you a chance. we aren't talking about either

of those things. we're talking about the texts. >> we are talking about the text messages. >> jon: we're talking about the next message potus wants to know everything we're doing. that's what we're talking about. what do you think that meant? >> what it means if you ask me a -- we are trying to undermine individuals in our intelligence community and what i said the first time and what i mean. it has nothing to do with obama saying he wants to know more about them trying to sabotage trump. by all means it doesn't say that. we have no evidence to say that. >> melissa: this has absolutely nothing to do with president trump. this is about the text message that went out between them about the president wanting to be informed before james comey made his speech about hillary clinton and mueller and trump are not part of this kick conversation. >> yes it is. and that's what they are trying to say here. that's exactly what you guys are trying to say. >> melissa: we aren't saying

that at all. >> i want to say it's important to note who peter strzok is. this is not an intern at the f.b.i. this is somebody who was central to the investigation. we know that he sat in on the interview with hillary clinton. he is the one who changed the language in the first draft of hillary's exoneration so it went from being a criminal language to negligent and we know that draft was made before they even interviewed her. we knew the fix was in. the fact that the president is now according to these text messages asking for a briefing in this batch of emails it also came out later after donald trump won the election they said they were exchanging emails where he said i'm pulling out my video of all the president's men referring to watergate. these are all questions. these two individuals lisa page and peter strzok need to be brought in and know exactly what this means and maybe they

should be getting a deal if it means they can take it all the way to the top. >> melissa: go ahead, wendy. >> i find it laughable when we say it isn't trump. someone on the other side talks about the text messages in context to trump they need to be brought m to be investigated. >> melissa: wendy. -- >> this has to do with the american people being misled. that's what this has to do with. this is not partisan left or right. this is us trying to mislead people to say there was more going on in the federal bureau of investigation than what meets the eye. that is incorrect and that's the issue. >> wendy knows that if these texts had been discovered about president trump asking about the investigation she would be all over this.

>> melissa: wendy, real quick. would it matter to you if the president were briefed on those changes in james comey's speech on saying the language changing it so that hillary clinton was not then -- they weren't pursuing it later and told doj wasn't going to go after her and kept up to date with that portion of it. do you see anything wrong with it? >> i see something wrong with the length at which we're saying obama wants to know what's going on. but what i'm saying is we do not know why he wanted to know what's going on. furthermore what i think is the biggest issue and breathe of sigh for everyone is the f.b.i. agents are no longer on this investigation and that is what the american people should be focused on. if they were still working this we would have a point here but they are not. >> melissa: thanks to both of you. >> thank you. >> jon: so the white house is weighing now whether to declassify and release the democrats' rebuttal to the gop fisa memo. republicans are suggesting the democrats drafted this memo as

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no satellite needed. >> jon: the president could be in a tough spot when it comes to whether or not to release the democratic counter memo because even if he agrees to make it public there may need to be some redactions because of the classified material it could contain. that might give the impression the white house is trying to hide something. joining us now senator john thune, a republican from south dakota. senate gop conference chairman. have you seen the democratic version of the memo? >> i have not, nope. just the republican one. >> jon: there is word this thing goes on for 10 pages and some who have seen it suggest that the democrats sort of intentionally left in items that will need to be blacked out so that the f.b.i. or the department of justice has to go in and redact those items.

does that seem plausible to you? >> it very well could be. i think the democrats on the house intelligence committee have been acting in a very partisan way throughout this entire process. inasmuch as they are going in front of the cameras and telling what the private conversations are. it wouldn't surprise me. i don't think it would be unusual for the white house to redact certain provisions in this memo. they did that with the republican bill. they both have to go through a vetting process. the intelligence community and folks that are concerned with making sure that americans and national security interests are served in all this i think have to have eyes on this and make sure there isn't anything that gets out there that is sensitive or classified. >> jon: the president is still deciding whether or not to release this memo or consent to the release of this memo. here is what sarah sanders had to say yesterday at the white

house briefing. >> the president has seen the memo. he met with deputy attorney general rod rosenstein within the last hour to discuss some of the differences between the two memos. and we are undergoing the exact same process that we did with the previous memo in which it will go through a full and thorough legal and national security review. we're in the middle of that process. when that is completed the president will be given a thorough briefing on the findings of the different organizations and stakeholders that are involved and will make a determination at that time. >> it puts the white house in a bit of a box. if the president decide not to allow the release of the memo or decides to release a substantially redacted memo, aren't there going to be screams on capitol hill that the republicans are hiding something? >> i expect those under any circumstances. remember, she said and i think it's about right, the same process that they used to vet

the republican memo is being used to vet the democrat memo. have the intelligence community and the national security community and their lawyers to make sure that whatever is put out there doesn't in any way put classified information or anything that reveals our sources and methods and compromises our national skaoufrment it is a process and they are going through the same process on the democrat memo as they did on the republican memo. when it's all said and done i suspect that the president probably releases it just like he did the other one. >> jon: let's talk taxes. the tax bill had not been passed the last time we had you on the program. it has been. people are starting to see more money in their paychecks. what's the response from your constituents? >> very positive. jon. we're excited about it what means for the economy in terms of the actual tax cuts and reductions that the american people and workers will start

seeing this month in their paychecks but also what it will mean for the economy. we're seeing these companies over three million people who have benefited from either bonuses, pay increases, benefit increases over 300 companies have announced their plans to expand their operations, create good new jobs in this economy. and also to raise wages. so it is having the desired effect. i think the economy will continue to benefit from that and american workers will continue to benefit from it. >> jon: senator john thune, from south dakota. >> melissa: we want to move to senator johnson standing by now answering questions about memo releases. let's listen in. >> the criminal penalties against negligent -- grossly negligent mishandling of those things, mishandling of federal documents. we laid it all out. when president trump was elected he made the statement that secretary clinton should

be held accountable and the matter was closed but it wasn't closed because we had the office of special council's investigation on director comey. the office of the inspector general doj also conduct its own investigation which resulted in the texts between peter strzok and lisa page. and that has raised -- those texts totally candid, unvar nished, just raised a lot of questions. again they're cryptic. they're not come complete. there are redactions but it requires our committee who has jurisdiction over federal records and we'll do that. >> are you satisfied with the current leadership of the f.b.i. and d.o.j.? >> i have questions about some top level managers in those departments. carryovers from the previous administrations. i have legitimate questions. >> melissa: this is senator ron

johnson with the senate homeland and government affairs committee. the ones responsible for releasing the texts we were talking about a short time ago. we will keep you posted on the rest of what he says in just a moment. that was it. now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how. yes or no? do you want the same tools and seamless experience across web and tablet? do you want $4.95 commissions for stocks, $0.50 options contracts? $1.50 futures contracts? what about a dedicated service team of trading specialists? did you say yes? good, then it's time for power e*trade. the platform, price and service that gives you the edge you need. looks like we have a couple seconds left. let's do some card twirling twirling cards e*trade. the original place to invest online.

>> melissa: more texts released from the f.b.i. officials under a lot of scrutiny. a message suggesting that president obama was personally involved in the hillary clinton email investigation. we'll break that down. >> speaking of breaking things down we're clicking closer to the specter of another government shutdown. just when we thought immigration would be a separate issue it is once again front and center and how the battle plays out and who takes a blame if we pass tomorrow's deadline again shutting down.

>> "outnumbered" top of the hour. see you shortly. >> melissa: a new hampshire woman who won 560 million powerball grand prize refuses to claim the winnings now as she fights for her right to remain anonymous. we're live from our new york city newsroom to explain. >> under new hampshire law a lottery winner can only remain anonymous if the winner claims their prize through a trust. the caveat is the trust's name must be signed on the back of the ticket. the woman who won the powerball saying she went to the new hampshire lottery website read the ticket would be null and void unless she signed the back of it. she did and went to a lawyer who advised her she could have maintained her privacy had the ticket been signed by a designated trustee. because she signed it she forfeited her right to privacy. she is now suing to stay anonymous saying she made a

huge mistake. she has asked the court to white out her personal information and replace it with the name of a trust. the main reason she wants to be anonymous is her safety. the lawsuit cites past lottery winners who have been victims to scams, threats and even murder. the owner of the store who sold her the ticket says he is on her side but the new hampshire lottery commission says they still must process her claims according to the rules. >> i think that more likely they will say when you buy a ticket, you are waiving your right to privacy. he understand it. they don't disclose her address or financial information. it is her name. >> the half a billion dollars were available january 22. every day that goes by she loses tens of thousands of dollars in interest. >> melissa: amazing. thank you. >> jon: newly uncovered text messages exchanged between peter strzok and lisa page

casting some doubt on the f.b.i.'s clinton email investigation. more on what those messages reveal. . .

>> jon: thanks for joining us this morning. >> melissa: outnumbered starts right now. ♪ >> sandra: a fox news alert. all eyes on wall street after a volatile couple of days. the dow rising again today after taking huge swings this week. take a look at that 314 point gain on the dow right now. yesterday the dow surged late in the day reclaiming all of half its losses from a record setting slide on monday. we will continue monitoring these markets for you and bring you any updates as they happen. ♪ fox news alert on another shutdown looming. lawmakers working to avoid a repeat of last month when they allowed government funding to expire. but they are running out of time. the deadline is tomorrow night at midnight to reach a deal. and if it's not the right deal, president trump now says he would love to see a shut down.