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 at one elementary school where

girls were told they are not allowed to turn boys down for the dance. "fox and friends" first continues right now. ♪ ♪ rob: live look outside the studio's there. the that building? jillian: we are. shine on right now. rob: i don't know. jillian: the florida georgia line, get your shine on, in the north sometimes.

rob: let's talk about some news. one minute after the hour, 5:01 on the east coast. jillian: thanks for starting your day with us. dreaming the daca deal, the senate gripped by historic debate on immigration. rob: both 5 back at it first thing this morning but will anything come of this? jillian: griff jenkins live in the nation's capital with what we can expect today. what can we expect today? >> reporter: we can expect a rare open-ended debate on immigration playing out. it is rare because there is no specific deal trying to craft out of the open, something they can all agree on on education as the president weizen. >> i did not want daca in the budget. i wanted daca separate so we

could talk about it and make a deal. democrats want to make a deal, really up to them. we want really tremendous border security but we have to have democrat support for daca. >> reporter: chuck schumer wants to narrow the focus to just those dreamers brought here illegally as children. >> now is not the time or the place to reform the entire legal immigration system. this is a moment for a narrow bill. >> reporter: whatever they come up with if they come up with anything the president has to be on board. a group of gop senators feel their plan stands the best chance for success. >> if you can't get it through the united states senate it doesn't do much good. we start with what is possible here but the ultimate is whether the president will sign it or not. >> reporter: the plan would secure a path to citizenship for dreamers in exchange for $25 million in border security.

that means a wall, places no limits on family-based chain migration, a nonstarter for many democrats. it would tighten interior enforcement including the e-verify, crackdown on visa overstays. the free-for-all resumes all week long. the clock is ticking. march 5th is the deadline for the dreamers. we will see what happens. jillian: you will keep us updated every day. now a fox news alert, three police officers hurt after running into harm's way during a 7 hour standoff with a gunman. lance smith barricaded himself in his detroit home after a domestic dispute with his girlfriend, killed two relatives when they tried to help, then turned the gun on his girlfriend before taking his own life. smith shot at police for an hour

hitting three officers in the legs. the deputy chief asking for prayers this morning. >> we are living in trying times. >> reporter: all injured officers will make a full recovery. the gunman known to have mental issues owned 7 guns. rob: the father of the convicted chelsea, new york city, barbara, calling his own son a terrorist, saying he warned the fbi two years before the attacks on the eve of his sentencing, mohammed rohini telling nbc in an interview, quote, my son did wrong and the fbi did wrong too. they have the power to stop the crime and they did not stop the crime. 30-year-old ahmad rohini is convicted of setting up two bombs in new jersey and new york city's chelsea neighborhood in 2016. those bombs wounded 31 people, did not kill any thankfully. he faces life in federal prison

at his sentencing today. jillian: donald trump's family outraged after his daughter in law is rushed to the hospital after opening a letter with white powder. it was sent to donald junior at their new york home, she happened to open it, the powder turned out to be cornstarch. don junior responding to those praising the act tweeting truly disgusting that the individuals chose to express their opposing views with such disturbing behavior. vanessa trump tweeting her appreciation after being released from the hospital thing, quote, thank you so much for the help today in new york city, i appreciate the response to make sure i was safe. not the first time the trumps up and targeted, eric trump received a letter of white powder with his apartment in march 2016. rob: roller coaster continues, the stock market stage is a powerful come back, the dow jones industrial average climbing 410 points. apple the best performer jumping

4% lead a rally in the tech arena, industrial companies, banks and consumer focused companies like retailers rising, the market climb back erasing half of the losses we saw last week when it tanked. jillian: donald trump unveiling his 2019 budget including a $1.5 trillion infrastructure investments, the boldest in us history. rob: kelly wright has a closer look at what is proposed by the white house. >> reporter: unveiling his budget proposal monday donald trump announced plans for revitalizing america's infrastructure. it is one trillion dollar infrastructure plan designed to fix what the president calls crumbling roads and bridges, urging congress to get bipartisan support. >> this is a common sense bipartisan plan every member of congress should support. i look forward to working with them and we are going to get the

american people wrote that are fixed and bridges that are fixed. >> reporter: democrats slamming the plan, chuck schumer stating the president's infrastructure proposal would do very little to make our ailing infrastructure better but would put unsustainable burdens on our local government and lead to trump tolls all over the country. the president's budget proposal includes funding for nuclear modernization and military spending. >> we are going to have the strongest military we have ever had by far. we are increasing arsenals of virtually every weapon, modernizing and creating a brand-new nuclear force which frankly we have to do it because others are doing it. if they stop we will stop but they are not stopping. >> reporter: senator mark warner, ranking member of the senate budget committee argues the trump budget would put america deeper into debt. the president's budget proposal

puts burdens of death and reduction on all the wrong places by slashing funding for medicaid, college loans, and food assistance for needy families and bringing overall nondefense investments to levels not seen in modern times. a lot of people slashing and going after the president on this issue, mostly democrats but most of the budget for 2019 totals $4 trillion. >> we will analyze that in 20 minutes. jillian: the kids are all right, us snowboarding phenom on the gold and half-price at the winter olympics. rob: before her final run-scoring near-perfect, 98 any way, nailing back to back 1080s. jillian: she celebrated with the bronze. rob: third place in the middle, three goals, germany leaving the wave four.

you see the number. jillian: do you want to take this? rob: do i? jillian: last time i tried i was an idiot. >> you know something? rob: it is fine. >> got a shine on earlier this morning. let's look at your current temperatures, it will feel like spring later this week in new york city, 28, a little cold, a warm-up on the way, 42 in dallas, 51 in new orleans, mardi gras this week, looking at the past 12 hours, not a lot in terms of big systems, wintery mix across the mid-atlantic, winter weather in the upper midwest and the great lakes. in parts of southern california, not a big storm system but

something to keep an eye on over the next couple days, future radar a little moisture in the gulf coast, another storm system in the northwest, there is new york city, we end on a bright note, 62 ° on thursday. by the way, very exciting yesterday, i was behind the scenes of the westminster dog show. look at this, one of my favorite kinds of year is the westminster dog show where all the pooches come out to look their finest with a big show which is happening tonight and we will have the winner of the westminster, look at that, i got to do the giant. i brought my flat shoes just to do that, coming up, i can't wait. rob: have you ever seen that? >> it is similar to what i saw yesterday. jillian: stay tuned for that later this hour. rob: doggie treats.

>> maybe. jillian: what is going on today? rob: he is a terrorist living like a king in guantánamo bay binging on oreo cookies, watching his favorite tv shows and this happens all the time. doctor james mitchell interrogated the mastermind of 9/11. he will take us inside the legal loopholes that make this kind of thing okay. jillian: what was susan rice up to the day of donald trump's inauguration, the email raising serious questions about the national security advisor. rob: never easier to get married on a whim in las vegas. ♪ are you going to be my girl ♪ ♪ ♪ come with me

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jillian: welcome back. brother-in-law to a 9/11 terrorist living like a king at guantánamo bay, eating oreos, watching tv in exchange for snitching on fellow terrorists and he could sing get the sweeter taste of freedom thanks to an obama era plea agreement. doctor james mitchell helped develop the enhanced interrogation program and joins me to weigh in. thank you for joining us. my first question is how is this okay, how is this legal? >> i'm not an attorney but i think people probably view this as more outrageous than it is. the false narrative that has been put out about how detainees are normally treated. even the cia when they had the worst of the worst, the terrorist behind 9/11 in custody, when they were cooperating they were access to

books and boardgames, played basketball with interrogators, get together and eat and pray and watch movies and soccer games. it seems outrageous in contrast to the false narrative that has been put out there. jillian: the hard time people are having when they hear stuff like this coming in the public's opinion guantánamo bay should be a place that is feared. is it not? >> i don't know whether it is feared or not feared in the sense that terrorists are afraid of it. they are afraid of the american legal system and wouldn't want to be shot, rounded up and put in front of a military commission but it is not surprising that occasionally -- let's give back to the guy who is participating in this. he is turning evidence against the other people who are involved. the plot he was originally

involved in was to sink multiple oil takers in the straits of hormuz and create an ecological disaster and the french taker that was hit was the last remnant after the plot was disrupted. if you want to get inside the minds of the people of allotting that and want to have evidence against that people that is not tainted by folks being interrogated, you need to get someone who was part of the bad guys to roll over on the other bad guys so it is not surprising to me they would do that. jillian: we can understand that part, that is why we have them there and the advantage we have to look at the numbers, 17% of released gitmo detainees are confirmed re-engaging from the director of national intelligence. he may be free from guantánamo bay in the near future. do you think we should honor

that agreement? >> i don't think we should ever make a threat we don't follow through and we should never make an agreement we go back on. we need to honor the letter of the law if he honors the letter of the law of that agreement and i don't think we should be surprised once he gets back over, releasing him to saudi arabia, he claims he testified under duress and was tortured and retract that stuff, we got to expect that entity reengage as we don't give him a second chance, we take him out. we also need to hold the saudi's we release into accountable and be sure they follow through on him not getting into a pampered rehabilitation program that sets another terrorist lose on the world. if i were him i would be concerned about what the saudi's are thinking. those boys do not play around. jillian: thank you for joining us, appreciate your insight. fascinating. i could talk to him all day

long. rob: wiping the brutal gang ms 13 off the streets of the united states. >> by far the most violent gang, let's show them they can't take over. rob: the new crackdown to take ms 13 out for good. rob: the official portrait of the obamas unveiled at have a lot of people talking, carly shimkus with fox news headlines 24/7 has a reaction online pouring in. ♪ of being there for my son's winning shot. that was it for me. that's why i'm quitting with nicorette. only nicorette mini has a patented fast dissolving formula. it starts to relieve sudden cravings fast. every great why needs a great how.

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you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> a physician for every former president after portrait hung in the nation's capital, but for

barack and michelle obama, their portraits were anything but traditional. jillian: carly shimkus with serious xm 115, a colorful reaction. >> people who know nothing about art like me became art critics on social media yesterday after the unveiling. a flood of reaction. some people said michelle obama's porter didn't look like her. susie had strong reactions, she said i'm not feeling portraits, think they are totally inappropriate to hang in the smithsonian, i can barely see them hanging in the obama's library room. they lack sophistication, just not good enough. actor jesse tyler ferguson liked them, using two words, grace and beauty. fun fact about the floral wall,

obama is sitting in front of, includes chrysanthemums which is chicago's official flower, jasmine and lily, hawaii and africa respectively. you didn't like that? jillian: i don't know. rob: michelle obama does not look like michelle obama. >> this next one, being a young girl at want point i can't read my hand around this. people are re-examining what constitutes appropriate behavior. a utah elementary school raising concerns for telling students they can't say no to another student who asks them to a school dance. the kaysville elementary school says they have unconventional rules in place to promote kindness but one concerned mother, natalie richard, says it is sending the wrong message. >> my daughter keeps coming to be saying i can't say no to a boy. that is the message kids are

getting. >> social media is sounding off. john says i'm sure it is well intended but sets a bad precedent especially for girls who need to be empowered to say no but ava says there may not be anything wrong with saying unless someone is being mean to the girl they should say yes. what do they have to lose? jillian: the rules to this dance are even more complicated, kids have to write five names on a card and any sort of confusion they will address with parents. they are overthinking the dance. rob: the pc movement and the me 2 movement collide. who win this battle? jillian: the interview we heard, trying to get my mind around that. 26 minutes after the hour. a bombshell email raising questions about obama's national security adviser, susan rice. >> that is odd and disturbing because we know the

investigation regarding the trump campaign was anything but by the book. jillian: what we learned about the connection to the russia probe. rob: and inspiring moment shining through the flames, the amazing story behind these patriotic firefighters. ♪ we were about to pull off the greatest upset in american sports history. but we were more than american... i never realized we were from all over. italian, middle eastern, jewish, turkey, iran. that's what makes america what it is. we all came together as one. that's what made us champions.

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involving president obama. according to senate judiciary chair chuck grassley, senator lindsey graham, january 5th meeting included obama, then fbi director james comey, deputy attorney general sally yates, vice president joe biden and rice. the topic, how law enforcement should investigate russian interference in the 2016 election. in this email rice wrote, quote, president obama began the conversation by stressing his continued commitment to ensuring every aspect of this issue is handled by the intelligence and law enforcement communities by the book. the president stressed he is not asking about initiating or instructing anything from a law enforcement perspective, he iterated our law enforcement needs to proceed as it normally would. that expression, by the book. triceps attorney responded there's nothing unusual about the national security advisor 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 in days, an email trail showing the president doing it by the book, when you look at what happened, not by the book, this is really odd. >> reporter: the senators sent rice a letter asking her to answer several questions about that email. the plot thickens. reaches republicans demanding answers about the email, but what was former president's role in this. >> senior fellow at the london center for policy research says obama is the central figure calling a part of the left's larger scheme to salvage his legacy. >> we have been talking about two things going on here and the purpose of the weaponization of the doj and fbi and obama

administration, one was to protect hillary clinton from prosecution and make sure she was the candidate because she was joined at the hip to obama. the benghazi attack, knowing and repeated communications over her server and her private email account, they had to protect her in order to protect president obama. if she were guilty of felonies then so was he. the other party's they hated donald trump so they wanted to derail him but nobody is asking why. there was no way he and his team and the clintons were going to allow those eight obama years of leftist achievements be reversed by none other than donald trump. rob: rice hasn't of february 22nd to respond. jillian: a major blow for the russia probe, we are learning former fbi director james comey told lawmakers last march

michael flynn did not lie to the fed. according to the washington examiner, comey believes the former national security advisor was telling the truth when asked about contact with the russian ambassador. he was a report contradict special counsel robert mueller who charged flynn with lying to the fbi, no evidence the trump team colluded with russia. the illegal immigrant and 7-time felon acquitted in the shooting of kate steinle is expected to plead not guilty to federal gun charges today, facing one count of felony possession of a firearm and one count of illegal immigrant in possession of a firearm, felony possession was the only conviction in a november trial, the jury sentenced an accident, he faces ten years in prison. attorney general jeff sessions doubling down on efforts to stop them is 13 telling law enforcement officers in washington dc his goal is to

wipe the notorious gang off america's streets. >> selling dope here and illegal here, they are out of here, sending 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 them. they are the most violent gang. let's show them they can't take over our streets. >> 4000 ms 13 gang members were arrested or charged last year. >> donald from rolling outta $4.4 trillion budget investing $1.5 trillion towards infrastructure. democrats jumped all over his plan. >> this is not a real infrastructure plan, it is simply another scan. >> word that describes so much of the president's bill, 80% of

it, is trump tolls. the trump infrastructure plan is like a hollywood façade. it may look real from afar but in truth it is a barrage. >> we will talk about what that means, trump tolls. we saw the same tone with tax plan which democrats called a tax scam, the plan that ended up being rather popular with the public and boosted the president's approval numbers in the end, i democrats trying to paint infrastructure the same way they did the tax plan? here to weigh in, democratic strategist richard good silberstein and rnc spokesperson and carter kaylee mcinerney. thanks for coming on this morning. a bit of information here, the big talker on this plan, the reason it is such an interesting story, it changes the way the federal government contributes as far as infrastructure goes, this is $1.5 trillion plan but

only $200 billion from federal funding so it is a huge investment to being asked for by local communities and the private sector and i want your perspective on this, democrats don't like this idea of a private and locally funded infrastructure plan. why is that? >> donald trump talked about a $1 trillion infrastructure plan, and mexico paying for the wall. this is the $200 billion plan, $20 billion per year, not exactly the kind of thing that would have gotten the crowds worked up. he is asking states that have gotten clobbered by the tax bill, the non-deductibility of state and local taxes, the ones with the heaviest traffic are the ones expected to come forward and pay the difference between $200 billion which is all the feds will pay and this number they came with out of

nowhere, $1.5 trillion -- rob: it doesn't go far enough, a lot of engineers say we need $5 trillion infrastructure to get it done, this is $1.5 billion to get $200 billion in federal funds. the country is flat broke, we are $20 trillion in debt. is it such a bad idea to try something new like getting private money into this? there are positive and negative to this. >> this is a great plan because we are in debt. this is a plan that encourages the private sector to contribute, states and localities to step up, this is a great plan and interesting to hear democrats who got a 7 $87 billion infrastructure plan under president obama, it failed, the top-down spending was an absolute failure, we have nothing to show for that and all of a sudden after calling for infrastructure for years and years, they -- the midterms are

coming up and they don't want to give donald trump a victory and give the american people a victory. >> trump tolls, this is going to be a private sector investment, you can see more toll roads, bridges and things like that. >> politicians all over new jersey and other states have gone to their political graves proposing putting tolls on roads for the public not used to paying tolls, this should be talked about as a privatization plan. it is not an infrastructure plan, 7 $87 billion, not just merely infrastructure, kept us going into another great depression. the economy we are told is doing great guns now, we have a tax

increase and spending bill, by all accounts will go up making financing by the private sector of roads and bridges that much harder. a lot of question about the wisdom of this. >> this the have a shot of working? or come out with a better plan than it is now, does it have a shot as far as investment goes being something that changed infrastructure in this country? >> it has a shot but this falls on democrats. the party of obstruction, negativity and apprise the american people what they need in terms of bridges and infrastructure, democrats come to the table and negotiate with republicans, the american people deserve that. >> we have massive infrastructure, new york city is no stranger to that, thanks for coming on. >> 20 minutes until the top of the hour. what is wrong with this picture? a tv station forced to apologize for an embarrassing mixup.

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otezla. show more of you. jillian: the list of worse colleges for free speech is out, foundation for individual rights and education electing harvard and uc berkeley as part of the top 10 of 2018 citing ongoing suppression of the first amendment as primary criteria, campusreform.org joined us in the last half hour to highlight these issues. >> the first amendment is there to protect controversial ideas, not just ideas that make people comfortable. ideas that are controversial and deemed unworthy. >> as you can see, in no particular order, northwestern, drexel a lifetime censorship winner. >> an atheist group declaring victory after a high school

removes signs displaying bible quotes from its course room. the freedom from religion foundation writing a letter to the school district superintendent calling for these posters to come down saying they are unconstitutional since this is a public school, separation of church and state. it is where students and teachers sing gospel music, the bible verses have been removed. elementary school paying students not to fight in hopes of improving their behavior. according to the philadelphia are inquired, the principal shelling out $100 to 33, eighth-graders if they make it to graduation with no physical violence. the incentive is working, 8% of students suspended for fighting so far down from 17% at the same time last year. that set a dangerous precedent. jillian: las vegas offering two

unique experiences for couples looking to tie the knot. breakfast lovers can get married at the danny's wedding chapel for just $99, you can get silk flowers, champagne toast and ceremony certificate but got to pay extra bucks for pancakes. why are the pancakes not included? couples looking to register the altar pick up their marriage license without leaving the airport for one week only, the city is opening a marriage license kiosk and baggage claim, just think about it before making it official. >> brian gill need, met her the night before, love at first sight. >> 11th grade, we got married 10 years after. i like to live through you as we all do on this set. with your permission i would like to tell everyone what is coming up the next three hours with you. among our guests, judge andrew

napolitano making heads retails over this mysterious susan rice letter she wrote to herself about a meeting we didn't know exist, a lot of eyebrows raised, newt gingrich on the president's infrastructure plan as well as his way forward on immigration and did i say immigration? senator tom cotton has a plan and a way forward. senator tom cotton has bigger ideas, will there be any give? will he get a deal? we will discuss all that if you promise to do one thing, get dressed. to wrap your baby in blanket-like softness so all they feel is love pampers swaddlers

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jillian: the biggest canine competition there is, the westminster dog show picking get the best in show. rob: we sent to janice dean for

a behind-the-scenes look. >> my number one wish was to do the job, calling it presenting. back to you. >> "fox and friends" have gone to the dog, 142nd westminster dog show, 50 states competing the best in show. >> takes the brush, brush like that. >> teasing like they do with my hair. >> what is the secret? >> hours and hours of work. >> what do you do? >> misseding with water. >> what do you think your chances are today?

pretty good? >> for me, best in show is coach. >> it is all about fashion for the dogs. >> won -- man of steel. >> best in show before. what dogs? >> full disclosure here. >> was that an upset? >> the top dog. >> best in show. >> you won best in show last year. how did the year go? >> pretty awesome. >> no longer best in show this

year? >> half-brother tony, just 21/2 years old, getting started. >> nice to meet you. good luck. >> are you ready? best in show. >> go a little faster. and then stop. show the food. you did great. we are very similar. get treats too. the westminster dog show. it is crazy, the big similarity between the real thing. >> the owners are wacky.

>> where are his eyes? what are we rooting for? >> i said to the judge can you give me some hits? no one would give me the favor to win, almost like it is a jinx. >> the german shepherd is an upset. >> the german shepherd hasn't won for a long time. and there was favored to win other than the german shepherd. a beautiful dog and such a great history with the german shepherd and by the way, tomorrow we will have a winner. >> you want to go next year. >> absolutely. >> i would like to see that. rob: i will be the dog. >> i would like to see that.

thanks so much. 54 minutes after the hour. animal one, shopper 0. the wild story the grounded this helicopter. jillian: inspiring moment shining through the flames, the amazing story behind these patriotic firefighters. stay right there. and go to our coffee shop. and meet dave. hey. why is dark magic so spell-bindingly good, he asks? let me show you. let's go. so we climb. hike. see a bear. woah. reach the top. dave says dark magic is a bold blend of coffee with rich flavors of uganda, sumatra, colombia and other parts of south america. like these mountains, each amazing on their own. but together? magical. all, for a smoother tasting cup of coffee. green mountain coffee roasters packed with goodness. ♪ if you wear a denture, you not only want a clean feeling every day, you want your denture to be stain free. did you know there's a specialty cleanser that's gentle enough for everyday use and cleans better than regular toothpaste? try polident cleanser.

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president obama sold all to proceed by the book because we know the investigation involving the trump campaign was an abuse of power. >> justice departnti