we are glad you are closing and i had with us. most bots, most trusted, most grateful you spent the evening with us. good night from washington. for "fox news @ night," i >> senator grassley and senator bradley demanding answers from president obama's former national security advisor, susan rice. >>.and disturbing because we know the investigation regarding the trump campaign was anything but by the book. >> i did not -- i wanted it separate so we could talk about it and make a deal. >> now is not the time or the place to reform the entire legal immigration system. >> the unveiling of the official portraits is a milestone in every post presidency.

♪ ♪ >> what do you think of those official portraits that were unveiled yesterday, a lot to talk about today including that, let us know your thoughts, your watching "fox and friends" first this tuesday morning. thank you for joining us as always, we appreciate it. let's get straight to daca. the senate gripped by a historic debate on immigration, both sides expect to be back at it first thing this morning. a live look at capitol hill. some light on already but can anything come of all this? griffin jenkins is live in the nation's capital with what we can expect or not expect.

>> the clock is ticking. the senate began this debate, they had no time to close. if you go all week long not addressing one bill, just debating, trying to come up with some bill they can agree upon that the president will sign. >> i did not want daca in the budget. i wanted it separate so we could talk about it and make a deal. of the democrats want to make a deal it is up to them because we want tremendous the border security but we have to have democrat support for daca. >> chuck schumer wants to narrow the focus to just hundreds of thousands of dreamers brought here as children. >> now is not the time or the place to reform the entire legal immigration system. this is the moment for a narrow

bill. >> senators feel this act plans the best chance for success addressing the president's goals. >> the president's framework is not an opening bid in negotiations. it is a best and final offer. this is the only bill that can become law. we have a plan to pass a law. >> passing citizenship for the dreamers for border security, includes a wall. it places a new limit on chain migration, key points conservatives consider a nonstarter for democrats. it would toughen interior enforcement including implementing easyverify and cracking down on visa overstays. we will see if they are making progress. only a few legislators for the march 5th deadline for dreamers fast approaching. there is not one bill debating. it is open-ended as they make the sausage. it could go on all week long, will be back at 10:00 this

morning. >> a chance to see how government is supposed to work with both sides hashing it out in coming up with a plan. can they do it? fox news alert. horrible news, three women killed, three police officers injured after running into harm's way to a 14 hour standoff with gunmen. 49-year-old lance smith barricaded himself in his destroyed home after a domestic dispute with his girlfriend. he killed her two relatives when they tried to help and turned the gun on his girlfriend before taking his own life. smith shot at police for nearly an hour hitting three officers in the leg, deputy chief asking prayers this morning. >> we live in trying times right now. >> reporter: all the injured officers will make a slow recovery of the gunmen known to have mental issues with seven guns. the illegal immigrant and 7-time felon acquitted in the shooting

death of kate steinle will plead not guilty to federal gun charges, facing one count of felony possession of a firearm and one count of possession of a firearm, felony possession, the only conviction in the november trial. the jury ruling steinle's death was an accident. he faces ten years in prison. and fire ignited on airplane packed with people, southwest jet in san jose. and in california, the fire may have started in the auxiliary power units, 39 passengers making emergency slides to escape. they are okay. donald trump's family, his daughter-in-law rushed to the hospital after opening a letter

stuck with white powder. and the wife of donald junior at their new york home. the powder turned out to be cornstarch by don junior praising the act, a truly disgusting certain individuals express their opposing views with such disturbing behavior. vanessa trump tweeting appreciation after being released from the hospital writing thanks for the help today. make sure that i was safe. this is not the first time the trumps have been targeted like this, eric trump received a letter with white powder at an apartment in march of 2016. donald trump unveiling his massive 2019 budget including a $1.5 trillion infrastructure investment, the boldest in us history. kelly wright joins us live with

what he is proposing. >> reporter: donald trump announced plans for revitalizing america's infrastructure. it is a $1 trillion infrastructure plan, the president calls it a chance to help the crumbling roads and bridges and bipartisan support. >> this is a common sense bipartisan plan that every member of congress should support. i look forward to working with command get the american people roads that are fixed and bridges that are fixed. >> reporter: chuck schumer, done very little to make ailing infrastructure better. and unsustainable burdens on local governments, and told all over the company. the proposal includes funding for nuclear modernization and military spending. >> the strongest military we

ever had by far. we are increasing arsenals of virtually every weapon, modernizing brand-new nuclear force, we have to do it, they are not stopping. >> senator mark warner, he argues the trump budget would put america deeper into debt. the budget proposal burdens deficit reduction on all the wrong places while cutting funding for medicaid, college loans and food assistants, putting defense investments down to levels not seen in modern times. the president's budget totals $4 trillion. heather: we will talk about that after the first break, break down the numbers. thank you. speaking of money, the stock market making a powerful come

back sending dow jones industrial average 410 points. apple the best performer, leading the rally and check. industrial companies, like retailers also rising. good news. 17-year-old us snowboarding phenom chloe kemp brings home the gold at the winter olympics. and locked in before the final run-scoring a near-perfect 98 nailing back to back 1080s celebrating with fellow american, the united states continues to hold the middle count. and 17 years old. here is a live look, in new

orleans, and earth cam, thousands in mardi gras celebration around the world. and a lot of beans. also known as fat tuesday. before fasting for easter. the crowds beginning to grow. it is 10 minutes after the hour, a bombshell new email from susan rice, heavy hitters. and the russia probe, wait until you see this one. lady liberty too political, a fight, olympic hockey goalies could force them to get an equipment makeover. donald trump cutting red tape and a multibillion-dollar budget, is this good for the economy? we said, here to break down the time.

heather: hundreds of illegal immigrants risking their lives trying to enter the united states. mexican authorities capturing 506 different operations. many of them stepped into trucks without food or water. others crammed into safehouses bordering the us. no word on charges. democratic attorney general's intensifying their fight against the question are you a us citizen? more than a dozen states centering a blistering letter to the trump administration targeting the 20/20 centrist, they claim many illegal immigrants do not respond out of fear leading to a significant underaccount. the doj needs the citizenship data to force the voting rights act.

the decision was made by next month. in the meantime donald trump sending a clear message about his administration's priorities with the unveiling of his 2019 budget. democrats reverting to the same argument they used for tax reform, it is all to benefit the rich. is that the case. at the kings college in new york city, professor brian grinberg. we were just discussing a lot of numbers here. seems like a lot of spending. >> a federal budget, $4.4 trillion next year. our government spend a lot of money and what is important is $.25 of every dollar spent by the federal government will be borrowed. not just that we spend a lot of money but borrow a lot of money to do it that is not sustainable. if you look at the president's budget over the next ten years, he's trying to make an attempt

to keep borrowing at that level, we have to bring the deficit down. we have to start thinking how to cut spending. heather: some of the budget proposals priorities, we heard about these during the campaign, infrastructure $21 billion and opioid treatment $10 billion. >> he talked about wanting to build a wall, $18 billion and increasing infrastructure spending and the importance of fighting the opioid crisis so these increases, military spending, 7%, these priorities will be in the budget, offsetting those increases with domestic programs. and cuts that happen if you bring the budget back in line with fiscal responsibility. heather: the is that enough to pay for it? >> we have a massive debt, you

have to understand, it was slated to grow at $10 trillion. the president saying they want to increase the debt growth. and $3 trillion less. heather: the president did tweet this on infrastructure plan, a big week for infrastructure after stupidly spending $7 trillion in the middle east, time to start investing in our country. >> he reports to cut the spending, to reprioritize it, to bring spending back to the us, talking about infrastructure plan, boosting military, he has the priority to fund them but also recognizes, make mulvaney recognizes, can't keep spending at the levels we are spending,

it means tough choices across the budget, nobody will be perfectly happy when you cut spending but the fact is if you don't want to settle future generations with massive debt, you have to get aggressive now. heather: there's a difference between bringing the debt down and bringing deficits down. >> this next year we will have $1 trillion deficit, $1 trillion, the president's budget says we want to bring that down to 3 $50 billion in a decade. it is not a balanced budget but it cuts the deficit significantly and that is how you reduce the growth. we have a lot more work to do. this is not the end of the story of the president's budget is a proposal. it is not law. congress has to do it and that is another question. heather: the who knows what congress will do once they get involved. thank you so much. time is 18 minutes after the top of the hour. can you figure out what is wrong with this picture. a tv station apologizing for

this embarrassing mixup but social media not letting them get away with it. carly shimkus has the reaction. who wouldn't want to get paid for eating chocolate all day? all around the globe, applying for. ♪ my name is jeff sheldon,

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heather: a tradition for every former president to have their portrait in the nation's capital after leaving office but for barack and michelle obama their portraits were anything but traditional. carly shimkus with serious xm 115 is here with social media's colorful responses.

>> everybody was an art critic on social media after the unveiling hit social media. you like to hated it. michelle obama's didn't really look like her but other people liked it. sorry, but i don't like either one, too much -- she said first lady looks like a deconstructed portrait saying i would rather have a more traditional portrait of each one but margaret is beautiful beautiful beautiful in every way the word can be defined. heather: controversy regarding the artist that did president obama's portrait, the artwork he has produced in the past. >> big stories there. a news station accidentally runs pf chang. >> a local news station in

chicago apologizing for accidentally doing that. the restaurant is not hosting the olympics. the graphic was created for different satirical piece, for the serious news story saturday by weekend anchor mark rivera, pf chang saw this, contrary to this broadcast we are not hosting the game. another person said this, the same guy who pushed the missile alarm in hawaii. this is an easy mistake, not to get too in the weeds but really small when producers look at them but if you drop a graphic in accidentally i can see this. >> good advertising for pf chang. she wanted some ice cream in the middle of her olympic

performance. >> chloe kim dominated the olympics but during the qualifying round she was competing to get to the round where she won yesterday, she tweeted could be down for some ice cream right now. team usa responded with 95.5, ice cream honest, ben & jerry's weighed in, your favorite ben & jerry's acting for a friend and good humor also weighed in saying our gold medals are 100% edible. she is getting a lot of free ice cream. >> wishing she had finished her sandwich at lunch time. >> and yesterday during the olympic meals, very food focused. >> you can multitask when you

are 17. appreciate it, 25 minutes after the top of the hour and today donald trump was being inaugurated as our 45th president, susan rice was very busy writing an email raising a lot of eyebrows. >> probably a place to reconstruct history, to make barack obama appear as though he was ignorant of the fray fomented by his administration. heather: were circling former president obama to the democrats russia investigation. a rare debate in the senate to tackle immigration reform. is this the best way to reach a daca deal, our panel is here to debate it. ♪ ♪ losing my mind just a little ♪ ♪ in the middle

heather: lawmakers demanding susan rice explain the suspicious email about the russia probe. she sent it to herself her last day in office. new development in what it could all mean. >> the nation watched donald trump sworn into office, susan rice was emailing herself documented a meeting involving president obama. according to senate judiciary committee chair chuck grassley and senator lindsey graham for january 5th meeting included obama, fbi director james comey, ciliates, vice president joe biden and rice. the topic, how law enforcement should investigate russian interference in the 2016 election. rice wrote president obama began the conversation by stretching his commitment to ensuring every aspect of this issue is held by the intelligence and law

enforcement communities by the book. the president stressed he is not asking about initiating or instructing any may law enforcement perspective and reiterating law enforcement team needs to proceed as it normally would. by the book. rice's attorney responded as follows, there's nothing unusual about the national security adviser memorializing an important discussion for the record but senator graham doesn't see it that way. >> what brought on that conversation on january 5th? they knew they were going to be out of power just in days, they said an email trail showing the president doing it by the book, when you look what happened it was an abuse of power, not by the book, really odd. >> reporter: senators asked rice to answer questions about this email by february 22nd. >> thank you.

as the senators await clarification from susan rice, fox news senior judicial analyst judge andrew napolitano said her words could carry legal implications and could create serious problems all the way to the top of the obama administration. >> to reconstruct history, to make barack obama appear as though he was ignorant of the fray fomented by his administration to undermine the incoming president and his hands were absolutely clean. this is the same barack obama who told chris wallace he didn't talk to anybody in the justice department about any of the investigations and yet we know from the emails whose texts we have seen hundreds of times, in 2016, the reference to barack obama, wants to know all about this.

a serious disconnect there. they must've learned something in the waning minutes of the obama administration which made them worry what we now know they were doing would be discovered. in an effort to reconstruct history she writes herself a memo. heather: donald trump calling vladimir putin offering condolences on the plane crash we told you about and talking about policy issues as well. the conversation coming one day after the russian jet exploded killing all 71 people on board. the white house says the two leaders talked about solutions to unrest in the middle east and increasing the north korea threat, the increasing threat. donald trump telling vladimir putin more needs to be done to scrap the rogue nation's nuclear program. attorney general jeff sessions settling down in an effort to stop ms 13. sessions telling law enforcement officers in washington dc his

goal is to wipe the gang off of america's streets. >> they are selling dope here, here illegally, they are out of your, trying to send younger more violent gang members to the united states to replenish their ranks. that is not going to succeed here. we are going to continue to pound, the most violent gang. let's crush this, let's show them they can't take over our streets. heather: 4000 ms 13 gang members were arrested or charged last year. a free for all on capitol hill. the senate opening up the floor for a rare debate on immigration to try to come up with a bill. >> backbreaking work, immigrants do the work. many jobs they fill, jobs americans are not jumping to fill. we can have a bill we can all be

proud of but for that to happen we have to be reasonable. >> now is not the time or the place to reform the entire legal immigration system. this is the moment for a narrow bill. jillian: is this the key to a deal on daca? john jordan and democratic strategist sasha burns, thank you for joining us early this morning. congress hasn't passed a major reform on immigration in 30 years but this rare move to have both sides debate the issue and come up with a solution, is that the key to immigration reform? >> the problem with it is whatever the senate can pass won't past the house, probably won't get trump's signature. it is a bit of a farce. in terms of dc a lot of talk

about the devil's fault for not coming to a deal but they already did. this language in the house, the senate, that is bipartisan, graham durbin, trump supported fred stein and then didn't. what is going on now is mcconnell trying to get vote on the record for election, have votes people can prove whatever he wants to prove. you have ryan who to keep trump happy. and the victory paid for the wall which seems to be the sticking point. heather: what do you think? is at all for nothing? >> it doesn't have to be that way at all. senator grassley introduced the 6 there and succeed ask, the codification of the four pillars donald trump laid out. heather: we can bring that up as

you discuss it. if we could pull that up so they can see what we are talking about, go ahead. >> those four pillars are supported by the american people, recent polling by harvard shows majorities ranging from the mid-50s the high 70s support all four. there are three possible outcomes. two are good for republicans. first of all, they are able to pass it, get my democrats to cross the aisle, passes the house, then the republicans are able to say democrats had controllable three, both houses of congress and the presidency and didn't do anything for the daca people. it doesn't pass, republicans are able to point to democrats and say we tried, we were willing to give you more than president obama asked for. that is a victory for republicans of sorts but number 3, the outcome is troublesome for republicans, if democrats are able to divide and conquer and introduce different bills that really divide the republican caucus and there is

no clear one bill. democrats keep the issue. heather: funding of the border wall, lindsey graham said the democrats have moved on border security close to the president's number of the issue right now has to do with more on chain migration and the lottery program for democrats. >> we have agreed to a big increase in funding for border security, we have no problem with that. we have a problem with the us paying for the wall. the american people are not so bullish on the wall when we paid for it. the other things they support, not our paying for the wall, they are -- >> 54% they are. 54% are. >> we read different news. i would say all my sources tell me that is not the case. in any event there are bills

that have bipartisan support. congress is split or the republican party is split but that is because the moderates are those willing to engage in bipartisanship to support the bill democrats support. heather: what about the plan, we need to point out border security, we are not just talking about building a wall but hiring more officers to patrol the border area and all that type of thing. >> it is comprehensive. it is also e-verify, it is important for visa overstays, it is electronic, the complete package of america enforcing its own immigration laws and that is bipartisan, democrats voted for this including then senator obama in 2006. heather: we are not with the white house proposal. that isn't bipartisan. heather: it does seem you were with the white house when it was

under a different president. it continues to be -- thank you both for joining us, appreciate it this morning, thank you. have a great day, we will be right back.

>> the angry father who lunged at a gymnastics doctor in court will not face charges. [bleep] heather: cannot blame him for that. randall apologizing for his actions. the father of three girls who say they were assaulted by larry nasser said he lost control. more than 260 women and girls have come forward to accuse him. the dad will not face charges.

patriotism wins after a battle with the international olympic committee. we just learned the us women's hockey team will keep his goalie mask featuring the statue of liberty. there was question whether they violated rules preventing political images on official gear but according to multiple reports no changes need to be made. the players have masks displaying uncle sam and iconic bald eagle, us hockey is a resolution with the ioc. and foxbusiness other, donald trump says you get sick of it but so far americans love to win. >> we are going to win so much you may get tired of winning and you will say please, please, too much winning. heather: another major company announcing a $25 million investment in the united states. tracy is here with the economic

boom that continues. >> reporter: ford said it will boost its production of suvs by 25%. there has been high demand for lincoln navigators and ford expeditions. they will also invest $25 million in its louisville kentucky plant which will make those suvs increasing the speed of the production line. this plant has been around since 1969 but they are investing more money into it. who knows if it will bring more jobs but good news for ford, they have been on a slump lately. >> good news for people who use uber, we will skip that story and go to another story. cadbury handing people to be chocolate tasted. >> if you love chocolate this is a dream job. the company behind oreos and cadbury looking for someone to

taste chocolate and cocoa drinks. you have to apply by february 16th, make $16 an hour, kind of part-time, 7.5 hours per week. it is in the uk but last year when they were hiring for this position they received 6000 applications from around the world including in the us so a lot of people want to taste chocolate. heather: that would be a great job, thank you, appreciate it. the time is 15 minutes until the top of the hour. practicing free-speech, just been released. [screaming] heather: cabot phillips from campus reform says violence isn't the only method used to suppress first amendment rights.

heather: has campus censorship gone too far. a new list, the worst colleges for free speech in 2018 and some of them may not be surprising. there is a list of 20 colleges. joining me as campusreform.org's cabot phillips talking about a couple of them. thanks for joining us. the list in no specific order, we pulled a couple to talk about this and have been in the news. let's begin with uc berkeley. >> can't have a list of free-speech suppression without uc berkeley. they have been the absolute worst from allowing violent protests against conservative speakers capitulated to demands of antifa groups and taken a lawsuit that through their

school, and accountability and recent change. heather: picking and choosing. bringing up the numbers for you specifically at berkeley, $1.4 million spent on berkeley free-speech protests in 2017. >> the school is more committed to protecting the feelings of students on campus then free-speech. the first amendment is there to protect controversial ideas, not just ideas that make people comfortable. but conservative ideas are controversial and deemed unworthy. heather: evergreen state college, this day of absence drama, a day of people of color can choose to leave campus to show how much the community depends on them in the administration asked white people who leave campus and a professor who opposed the move was driven out by students. >> they said isn't it racist to

ask people to leave campus based on the color of their skin? students protested outside the office, held the school president hostage in his office until he fired the professor in the school rather than saying this is illogical, standing up for free expression, they bow down to the student protesters who were violent on campus, students walking with clubs, threatening other students who didn't go along with this idea, groupthink enforced violence and rather than being adult they allowed it to go on. heather: harvard university, blacklist policy, explain what happened. >> the school instituted a policy that punishes student groups on campus if they are not inclusive enough. it doesn't allow men in the group, they are not inclusive enough. they want single gender members, reserves -- religious groups that say you have a certain profession, not inclusive enough, their right to free

expression on the first amendment, taking it away and overwhelmingly liberal bias in the administration, classroom, not a great place. heather: trickling down issues with high school and elementary schools. >> starting early indeed. heather: appreciate you joining us, we will have you back. very happy news to report this morning, "fox and friends" first welcoming a new addition to the family, look how cute, catherine francis rodriguez, our stage manager, new daughter coming into the world at $9.20 inches long. big brother thomas and there is matt, very excited to have a little sister, baby catherine and mom doing great. beautiful family, congratulations. the time is 8 minutes until the top of the hour and the future

is now when it comes to paying taxes. how one state is leading the charge for digital currency. she lost her job after complaining about being stiffed on a tip, $700 order, and our payday has finally arrived. ♪ bird... he gets the best deal on the perfect hotel by using tripadvisor! that's because tripadvisor lets you start your trip on the right foot... by comparing prices from over 200 booking sites to find the right hotel for you at the lowest price. saving you up to 30%! you'll be bathing in savings! tripadvisor. check the latest reviews and lowest prices.

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marvel to donate their profits from the black panther muni to black communities gaining steam. the change.org petition claims marvel is wrongfully profiting off of the movie by targeting black people with the mostly black cast, black director and black history month release date this friday. a lot more than 5000 signatures so far. the florida church that stiffed and out back steakhouse server on a $700 take out order has paid up. we told you about this, was fired after complaining about the church on facebook. she says folks from christ fellowship have come together to make good. she would not say how much the tip was but has extra cash in her pocket, and a good job. arizona, people in one us state to pay their taxes in bit coin.

the arizona senate passing a bill that would put the state at the forefront of technology as first to accept digital currency. the legislation which needs house approval requires payment to be converted to us dollars within one day. a new battle between mitch mcconnell and chuck schumer over bourbon. >> brooklyn, where i was born, raised and still proudly live, produces the best bourbon in the world. i know that is a contentious thing to say in these parts. heather: speaking in kentucky. the new york democrat gift researching the senate majority leader with bourbon in kentucky which is the world's bourbon capital. let us know what you think, what is better? that wraps up the 4:00 am hour

of "fox and friends" first, have a great day, "fox and friends" first continues now, see you tomorrow, goodbye. >> i wanted daca separately so we could talk about it and make a deal, the democrats won't use it as a campaign. jillian: tuesday, february 13th, senators going head to head on immigration. is this the breakthrough they need to strike a deal between the looming daca deadline, live in washington. rob: susan rice in the hot seat over a newly discovered email about an oval office meeting regarding the russia investigation. what did president obama mean when he said he wanted this matter handled by the book? >> has to say has to accept, excuse me? jillian: that will get reaction was a valentine's day debacle