official. most-watched, most trusted, most grateful you spent the evening with us. good night from washington. for now, i am shannon bream. >> friday, february 9th the this is a fox news alert, shutdown showdown part 2. breaking overnight, the government has been closed for four hours. the senate missing a midnight deadline to avert the shut down altogether but hours later approving a massive bipartisan budget deal. that deal back to the house where they are expected to vote any second. the lights are on and there's a lot of work being done. you're watching "fox and friends" first on friday morning. a very busy friday. thank you for joining us.

breaking overnight, the senate kicking off the budget deal back to the house after a standoff missing the midnight shutdown deadline by just two hours. this is a live picture of the house floor where in the moment a vote is expected. they are discussing the issue but it was rand paul earlier last night support -- refusing to support the spending bill. >> they are all holding hands with only one bad guy standing in the way it will keep it here till 3:00 in the morning. the country is worth a debate until 3:00 in the morning. the reason i'm here tonight is put people on the spot. i want people to feel uncomfortable. i want them to have to answer people at home who said you were against president obama's deficits but for republican deficits. isn't that the very definition of intellectual dishonesty? >> capitol hill producer chad program has been on the floor

all night long and joins us from statuary hall with the latest developments. how are you feeling? >> i feel great, ready to go. heather: what were his main arguments. >> they are raising the spending caps. you might remember when they raise the debt ceiling in 2011. the deal was they imposed the sequestration spending defense and non-defense program so here we are 7 years down the road and part of this bill suspends the debt ceiling through much of 2019 and they are lifting the spending caps. that is the trade-off this time when it was the converse seven years ago. this arrangement is going to raise spending by $400 billion.

it is also going to approve $89 billion in hurricane and disaster relief, puerto rico, texas, florida, california wildfires and he is saying wait a minute, none of this is checked. all rand paul wanted was a vote on reimposing the sequestration spending caps. keep in mind the other issue at hand here. this bill only funds the government through march 23rd so if the house votes in the next hour or so to sync up with the senate a couple hours ago the government is only open through march 23rd and then you could have another fight over, say, immigration or daca or a border wall standoff. heather: when and how will it come up. >> this is meddlesome for house democrats and many of them are going to oppose it, something house minority leader nancy pelosi implored the house speaker, paul ryan to make a commitment, she was very frank in her language, she wanted him to, quote, man up, that was her term, and put a daca bill on the

floor. the senate has a different range but the majority leader, mitch mcconnell said the government is open starting february 8th, february 9th, there would be a freewheeling debate on immigration in the senate with border security, daca, could deal with chain migration. all of those issues and he has already set up a procedural those for monday afternoon to get onto that bill so that will be in the senate next week. heather: going through the funding and what is being spent here, was there something done in terms of giving things democrats? they are getting a lot in here, $131 billion for domestic programs in addition to the military increase you were talking about, do you think they received some more so there would be some leeway? >> absolutely, this is something democrats wanted, opioid funding, they wanted to deal

with broadband, there were health issues that were very important and they were concerned they were only going to close up the defense side. that is what the house bill that originally, kept the government open, the bill they passed raising defense spending, democrat said that is not fair so people thought they could have added - and gotten an arrangement on daca. strzok -- daca is the electric is on capitol hill and that is why there's a little uncertainty at this early hour of the morning as to whether or not the house will pass this and sync up with the senate. here is the voting map. we believe the house republicans need to get 150 of their members, that is still losing 80 some. to make up the difference, to make up the vote deficit they will need 70 democrats, that is a pretty tall order especially when there's no daca arrangement and house minority leader nancy pelosi says she likes some of the elements of the role but is voting against it. >> it exchange with the children's health insurance program by four years ago infrastructure funding, $20

million, lifts the debt limit into march 2019. what happens then after march 23rd? >> that is keeping the government open the rest of this fiscal year through september 30th and they don't have any of that, by last september 30th, on this fifth interim spending bill the house approves this in the next few hours that will be the fifth stopgap spending plan. that is why all the fires are not put out yet. the bulk of this bill, what it does even though it deals with funding the government and the government is shut down as we speak right now until 4:00 in the morning, it raises those caps and does other things. the direct federal spending this controls is only the interim spending that keeps the government open at existing levels through march 23rd. some people might be a forgotten problem, a snake in the grass until the end of march. heather: they are expected to vote between 4:00, and 5:30 this

morning. >> reporter: a signal that in the house of representatives. it might not be on the actual bill. i can tell you if you bear with me for a minute, as far as we can tell we believe it is on the rule. the rule was the procedural vote in the house of representatives when you bring a piece of legislation to the floor you first have to approve the rule, the rule sets the terms of debate and what is unclear is whether they approve the voice vote or voting on that yet but that will come soon, that up or down vote. heather: we will you get back to that. thank you for joining us, appreciate it, long night. brand-new bombshell text messages happening overnight obtained by fox news revealing a questionable relationship involving the top democrat in

the senate's russia probe. todd pyro is here with new developments unfolding at this hour. >> reporter: democrat senator might have some explaining to do, the lawmaker who held numerous press conferences over the past year promising a fair bipartisan investigation into donald trump's ties to russia trying to gain access through christopher steele. the author of the anti-trump dossier writing, quote, so much to discuss, you need to be careful. but we can help our country. national correspondent ed henry obtaining ted henry's texts, he would rather not have a paper trail in case you cannot seal an agreement with the former british spy. donald trump slamming warner on twitter writing, quote, senator

mark warner got caught having extensive contact with a lobbyist for russian oligarch, warner did not want a paper trail on a private meeting in london, he requested with fraudulent dossier fame all tied into crooked hillary. this is just the tip of the iceberg as new text messages between fbi lovers expressing concern, peter strzok and lisa page, classified email, strzok texting remind me to tell you to flag for andy, emails we found at portions on a couple cameras, doj was very concerned about that. a follow-up text the next day reading, quote, found on the 30 k emails provided originally, no one noticed, cuts against, i never sent or received anything

marked classified. problem is clinton cited as late as july 2, 2016, that she never sent material that was marked classified and on we go. heather: what happened on specific dates these text messages were sent and a lot of people looking at it now. heather: the spotlight towards barack obama's white house, allegations of corruption swirling around, david limbaugh says the former president has been kept at a distance because he stacked his administration with people to protect him but limbaugh said the day of reckoning could be coming. >> obama was virtually immune for everything he did, no accountability, politicizing literally every agency he was

important. the irs, we know what he did to the irs turning on political opponents, lois lerner, whatever, and what they did with the fbi and the doj, they have been staffing these agencies, the doj and political operatives who care more about the liberal agenda to the rule of law. a counter investigation that someone appointed special counsel under the doj study to investigate the obama davos because they were protecting hillary and influencing an election. heather: donald trump is expected to announce today whether to detoxify the memo, this refutes the gop allegations by the fbi in efforts to monitor former trump campaign advisor carter page, happening today as well. the time is 11 minutes after the

top of the hour. mike pence sending a strong message to north korea before the olympics. >> we will not allow north korea the reality that they enslave the people and threaten the wider region. >> foreign policy advisor says the us is not playing games. remember when the obama administration sent $1 billion of cash to iran, you will never guess where that turned up. ll en unlimited double miles on every purchase, every day. not just airline purchases. (yelling) holy moly, that's a lot of miles! shh-h-h-h! what's in your wallet? man: shh-h-h!

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in the senate overnight 71-28, now just needs approval in the house and continue to monitor it. as it happens. keep an eye on that for you. opening ceremonies in south korea for the winter olympics opening a few hours from now. vice president mike pence sending a strong message to north korea during traveled overseas. >> we will not allow north korea to hijack the messaging, we will not allow north korea to hide behind the olympic banner. the reality they enslave their people in the region. heather: member of the house armed services committee rebecca heinrichs, thank you for joining us. let's begin with what the vice president has to say. >> a strong message, north korea is peddling, the north koreans,

like the vice president, hide behind the limbic banner. is a terrorist regime, building illicit nuclear weapons, missiles that can reach the united states. we have got to stay focused on what the problem is with the north koreans. even though the south koreans are desperate for a diplomatic breakthrough the united states, might have worked with the obama administration, the clinton administration and previous administrations, won't work with this one. >> their new leader was going to come in and was in favor of sunshine policy it was referred to but then you hear china sending 300,000 troops to the border so they have a different take on what is going on. >> sign understand how serious the united states is, donald trump gave a tough statement during the state of the union about north korea. he spent a chunk of the speech just talking about the nature of

the regime, how terrible and barbaric the regime is that it is because of that the united states can't hold americans to be sausage with nuclear weapons and mike pence is bringing auto warmdear's father to be opening ceremonies, he was tortured in north korea until he died. what that communicates to north korea and south korea is the united states takes this seriously. we are committed to the campaign to ensure north korea does not to keep these nuclear weapons after this administration is out of office. heather: a remarkable moment during the state of the union address not only with auto warmbeer's parents but the military member who tried to escape north korea as well. >> a member of the north korean, in south korea, and all the military, the miserable regime,

and what a message that communicates to other north koreans that there is freedom south of the border and they are living in misery in north korea and a humanitarian disaster. that is why the united states can't allow a regime that is so horrific to have the responsibility of having nuclear weapons that can reach the united states and our allies. heather: kim jung un sending back is on message with this military parade he had. >> he has a military parade a little more subdued than i was anticipating but he did have giant intercontinental ballistic missiles they paraded. these are the missiles that can carry nuclear weapons to the united states so this parade, the day before the olympics, it is a charm offensive, to manipulate the situation by participating in the olympics but clearly this is not a regime

that is interested in negotiating a nuclear weapons program. heather: rebecca joining us with her insights, always knows what is going on. the time is 20 minutes after the top of the hour. the judge who donald trump once called out for being biased now ruling today on the president's border wall. >> i have a judge who is a hater of donald trump. heather: our next guest says bias should not be a part of the case but that doesn't mean it hasn't happened before. new rule changes coming to nascar. ♪ you know what's awesome? gig-speed internet.

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>> welcome back, 4:23 on the east coast, live shot on capitol hill. a lot -- the house at the vote on the budget plan which passed the senate last night 71-28, only a procedural vote going on right now when the actual vote on the budget begins we will let you know, that deal include the two year increase in budget caps, raises the debt ceiling until march 2019, providing a $9 billion in relief on recent hurricanes, wildfires and other natural disasters and a stopgap measure. if it passes the house, allow the government to be funded through march 23rd. we will keep an eye on that working through the night. the last two wanted members of a brutal isis beheading gang in us custody, fighting a pair of fighters heading over to

american special operations forces in syria. they are known for their savage cruelty, beating, torturing and executing foreign hostages. the terror so was dubbed the beatles because of their british accents. the white house handling former aide to president rob porter. a spokesman saying the administration was not fully aware of the extent of the allegations against him. >> in this instance in the case of rob porter we relied on the background check investigative process. the process hadn't been completed, we take violence against women very seriously. heather: a letter sent to white house staff, john kelly writing, quote, we are all processing the shocking and troubling allegations, domestic violence is abhorrent and has no place in our society. after pictures of an ex-wife with his black eye surfaced.

turning to extreme weather, crazy video out of connecticut, look at this, this car sliding on ice and flashing head on into that poll. more snow in the midwest, the winter storm canceling over 1000, two major airports, in chicago, and could get hit with up to a foot of snow. crazy weather. but it is still winter. some rule changes coming to nascar this season which begins sunday at daytona. one of the big differences is the penalty for having too many pit crew members during a stop which is a two lap violation instead of a flores disqualification. last year but matt kansas missed the playoffs for a violation of

that. nascar season is here. 26 minutes after the top of the hour. budget will to reopen the government about to head to the floor. griff jenkins following this all night and he will join us live next. ♪ @ when i received the diagnosis,

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heather: we were back with fox news alert, 4:30 on the east coast, live look at capitol hill where the house is working in overdrive to approve this budget package after successfully passing the senate just hours ago. that vote being 71-28 and we are told a procedural vote was

happening just ended the meaning debate is set to begin next and after that the vote will take place. we are told the house with, steve scalise, spoke to chad a short time ago and said they do have the house votes to pass the budget plan. griff jenkins standing by in washington dc with the latest developments. lots happening. i don't know if i had that right. >> reporter: totally right. an exciting morning. if you are a federal government employee you wonder if you got the day off, going into work, with steve scalise, the house whip, if you are a government employee you are coming to work. the procedural vote as we head into debate, let's quickly address the sticking points. on the republican side, conservatives who are fiscal hawks like rand paul are saying

can we add this $400 billion? can we raise these spending caps? on the democrat side as we saw from nancy pelosi who went on that record-breaking stand in the name of daca and the dreamers, will enough democrats get on board? paul ryan cannot get this past without democrats. the magic number is typically 217. it varies on the number of members voting, you need to get certainly some democrats against steve scalise. we will see as the debate plays out but we will see certainly some resistance from members of the republican side and the democrat side as they get to a vote but the vote is happening before the sun comes up, we will find out. let's get back into the night a few hours ago, shortly before 2:00 am that the senate passed the budget deal and a stopgap

measure that only funds the government through march 23rd of this year. the vote was 71-28 but the government shutdown happened, senator rand paul went on an hours long speech, absolutely in protest of the raising of the deficit. here is what he said. >> i ran for office because i was very critical of president obama's trillion dollar deficits. now we have republicans hand-in-hand with democrats offering us trillion dollar deficits. who is to blame? both parties. we have a 700 page bill that no one has read, it was printed at midnight. >> reporter: waiting for this debate to start, probably not likely, checking, not likely to see a rand paul moment on the

house floor where someone hijacked it essentially. we are certainly going to hear some short passionate speeches on both sides. heather: pretty late for them. they are not used to working at this hour. we are, 4:30 in the morning on the east coast. in terms of stumbling blocks moving forward it does spend a lot of money, $165 billion more for the military, 100 the $1 billion more for domestic programs. where do you see problems? >> you are also going to add $100 billion for those hurricanes i covered, the wildfire relief. it is the debt ceiling increased through march 2019, that is the stickler for anyone that came to congress as a fiscal conservative to try the best they could to get a grasp on the

pocketbook. we will see what happens. that will be a sticking point. heather: $20 million for infrastructure funding and all through march 25th. thank you so much, appreciate it, lots of work, thank you. here is the question. that $1.7 billion the obama administration paid the iranians, guess where that went? into the hands of iran backed terrorists was the washington times reports the us government has traced some of the transfer of direct cashback to terrorist groups including hezbollah and several rebel groups lose the obama administration maintains the public made two years ago as part of a settlement over iranian claims to regime assets used for an arms deal in the 70s. another longtime aide to james comey retiring after 33 years. fox news confirming michael corbin is leaving his post as assistant director of public affairs. it was mentioned in a newly

surfaced text message from peter strzok to lisa page, turning over documents and hillary clinton email investigation. it is not clear if his retirement was prompted by recent events. remember the judge donald trump called out for being biased against him? >> why did you refer to his ethnicity? >>'s heritage is mexican. i want to build a wall. i am getting along great with hispanics but i want to build a wall. >> do you have to dial it back? >> i have to be what i have to be, i have to tell the truth. >> reporter: the same judges deciding today whether the president can waive environmental laws in order to build his border wall. constitutional attorney, thank you for joining us, we appreciate it.

>> good morning. heather: will the judge be biased? anyway the judge can be fair? >> i believe the judge can be fair. my experience with the federal judiciary is they call balls and strikes fairly and the issues here are completely different, they are unique in a certain sense. there is a simple question whether or not an environmental regulation needs to be complied with before the wall can go forward. there is a federal issue before the judge. i think you are going to see a straightaway argument the government and what environmental activists are putting forth this argument and a fair ruling. i don't believe the back story is going to impact the result. heather: if the ruling is favorable to the white house it would let the administration issue some waivers on environmental laws that would allow them to build sections of the border. >> right. it has nothing to do with the

wall itself. it is whether or not the government has the ability to advance track this and waive some regulations lose the underlying theory here is why we have those regulations and environmental activist group could file this kind of claim is a different question. that is a policy question and i think it is too much power for environmental activists to try to stop this project but the legal issues before the court i do believe and confident it will be called fairly. heather: the constitution as you said guarantees equal treatment under the law but look at some of the issues we talk about every day. it does appear sometimes that always is and the case. >> i agree with you, it is certainly not the case when we talk about treatment of donald trump versus hillary clinton in some of these underlying email

scandals and everything else, but that, let's understand the judiciaries call balls and strikes. if a judge gets it wrong they get it wrong and you appeal the case and deal with it through the appellate process. that is our process. there is a separation between the executive and judicial branch for a reason. i am hopeful that this judge will set aside what happened in the past and i don't see it being biased. the government thought he was going to be by they have a right to move to recuse this judge. we haven't seen that yet. the lawyers involved will make that call and the judge will make the call based on the law presented and that is what the federal judge should do. heather: we will see what happens today, thank you for joining us this morning, appreciate it, have a great day. the time is 20 minutes until the top of the hour and market

mayhem, the dow jones plunging 1000 points, the second time in four days. how are things looking ahead of the open today? a blast from the past, obama era heavy hitters i got the white house by lawrence jones who want worked on obama's campaign says democrats by making a big mistake. there is a live look at washington dc, waiting for the house to vote on the budget deal passed by the senate overnight. keep an eye on it as the votes come in. ♪

heather: the dow jones plunging 1000 points the second time in four days. tracy is here with how things are looking this morning. >> reporter: i have been

checking futures, the tao slightly up in positive territory, that is good news but let's look at how we ended yesterday, down 132 points on the tao, down four -- 4.1%, this is the second largest point drop, it is pretty shocking to see but you got to keep this in perspective down 1.4%. the market is where we were in november. this does put us in correction territory, down 10% since the high, january 26th, but we have been expecting some sort of pool back after the games we have been seeing, the s&p 500 in correction territory as well. heather: have to look at how that impacts things overseas as well. apple launching today. >> reporter: after two months of delays, hitting stores, went on sale january 26th as well.

since then it has i checked apple's website. you can get it online, you can get it at best buy too. amazon and google also have their systems out for a while now. heather: the olympics, opening ceremonies underway today. >> they want you to go for the gold. what that means is they will sprinkle some sugar dust on it. doesn't have any taste but available to help people get into the spirit. heather: thank you, appreciate it, have a great weekend. back to fox news alert, the house debating right now on the

proposed bipartisan budget bill. jack program live from statuary hall to see what is going on. >> reporter: they started this debate, the final step in the process before the house votes to sync up with the senate, senate approved the budget package 71-28. house republicans and some democrats hope they can avert the government shutdown, turn the lights back on. the government ran out of money at midnight. as of right now the government is closed. if they pass this bill in the next hour and a half they can get this piece of paper to the president to sign and avert the second government shutdown in as many months. republican of new jersey, chair of the appropriations committee leading the debate, democrat from new york just outside new york city, top democrat and how long we hear from nancy pelosi the minority leader, a lot of democrats are not going to vote for this package because it has

nothing to do with it -- daca. they have to get the votes, 150, 160 republicans, maybe 70 democrats. i spoke with steve scully's, the majority whip and asked if he thought he had the votes to pass, oh yes. heather: we will see if this happens, not done yet. we will be right back, stay with us.

heather: three former obama staffers throwing their names in the ring for presidential run in 2020, eric holder just hinted at a possible run, and julian castro saying he has, quote,

every interest. democrats haven't ruled out joe biden either. is this a smart move for the party? here is the new editor in chief of campusreform.org, lawrence jones. congratulations on that. >> thanks for having me this morning. heather: is it a good idea for democrats coming back around? >> it doesn't demonstrate a candidate that can connect with the american people. president obama won because of hope and change. when donald trump won it was because the american people were so upset the president didn't deliver on that hope and change and he won counties obama won. democrats have got to pick a candidate that can deliver to the american people and they have to focus on the economy. none of the candidates will

focus on that. what they will do is go after the personality of the president and that put the usual donald trump and not the american people. heather: let's listen to what eric holder had to say about the potential run. >> are you thinking of running for office? >> i will make a decision by the end of the year about whether there is another chapter. >> i will make a decision at the end of this year about what i want to do with regard to higher office. heather: right now he's touring the country talking about redrawing congressional district lines. is that something he can build off of? >> no. he has been one of the leaders of the resistance, talking about black lives matter and other

groups that really dislikes the president. it will take more than that and that is such a narrow group of support. you have to find a way to connect to the working class, the forgotten americans. you are not going to be able to go into district and county's chronic racism. these are the same people that voted for barack obama. you got to focus on them and eric holder, just focus on donald trump's personality. heather: why not joe biden? >> he is a different one. uncle joe is older. joe does have the personality, he is from delaware and he does know the american people especially he connects with a lot of those blue dog democrats. joe has been away from politics for a little while and hasn't connected with those people in those counties.

it would be an interesting race. not sure he has the support to win a presidential race. heather: just got through the first year and already talking about 20/20. thank you for joining us, appreciate it. have a great weekend and we will be right back, stay with us.

>> we return with a fox news

alert, debating the budget deal, the $400 billion budget deal past the senate 71-28 we will continue to monitor that. if the house passes the budget deal it will fund the government through march 23rd so we will see if that happens. a major iphone is shared in the biggest leak in history. a key piece of the software getting leaked on the software development platform, experts fear they may break into apple's operating the semantic of people's data. and any potential vulnerability would be outdated. they have removed the code. they are testing a new feature. they quickly explained this isn't a dislike button, it is

meant to resource comments as offensive, misleading or off-topic not showing negative reaction, not testing the download button in groups with public figures or comments from friends. forget going to the supermarket, amazon is now delivering whole foods right to your door. prime members can get the deliveries in to be 2 hours or less. it is only available in four major us cities, the announcement, 6 months after amazon, $13.7 billion. >> "fox and friends" first continues, i will see you monday, have a great weekend, goodbye. rob: it is friday, february 9th. this is a fox news alert, live

look at the house floor where shutdown showdown part 2 is underway. the government has been closed for five hours and a bipartisan budget deal back in the house and senate after midnight. we are live in washington where a vote is expected any minute. jillian: cold hard cash in hand killers, president obama pay the iranians $1.7 billion, new proof that it landed in the hands of terrorists. >> professors should drown conservative students, the remarks from a liberal journalist, "fox and friends" first, very busy friday, continues right now. ♪