it will be fun. "happening now" starts right now. >> jon: we begin with a fox news alert. the president giving himself wiggle room. >> melissa: seems like it. >> jon: despite sounding optimistic. i'm jon scott. >> melissa: and i'm melissa francis. president trump leaving open the possibility that he will walk out of the meading with kim jong-un if it's not yielding results. he says the summit will prove worth while and making it clear the tough economic sanctions on north korea won't let up until the rogue nation denuclearizes. >> we have to learn from the mistakes of the past, which is why i was glad to hear the president say that he was willing to walk away if the north koreans are not serious. in the past, we've agreed to denuclearization in the future in terms for sanctions relief in

the present. we can't go down that path. >> jon: john roberts is live in west palm beach, florida. jon? >> the president left mar-a-largo a short time ago. he's going to head to key west, florida today for a briefing with the joint inner agency task force south and border protection effort when it comes to intradiction of drugs. he said he talked in department with prime minister abe and north korea, trade. good things will happen. on the subject of north korea, it appears a meeting with president trump and kim jong-un is increasingly more likely after that visit that mike pompeo made to pyongyang over the weekend. this morning, south korea announcing a new concession by north korea removing the condition that u.s. troops have to leave the korean peninsula in order for north korea to

denuclearize. north korea say troops can stay and will still talk about denuclearization. a lot of positive moves and developments in this and still could come off the rails. listen here. >> i hope to have a very successful meeting. if we don't think it's going to be successful, we won't have it. we won't have it. if i think that it's a meeting that is not going to be fruitful, we're not going to go. if the meeting when i'm there is not fruitful, i will respectfully leave the meeting. >> one of the big issues during the abe summit is whether or not japanese representatives will be in the meeting. the big issue is the abductees. there's 17 japanese who were

abducted by north korea several decades ago and still being held in captivity there. the president said the abductee issue will come up. it's important to him because it's important to shinzo abe. abe also stressed the need to hold a hard line against north korea until they give up their nuclear program. listen. >> just because north korea is responding to dialogue, there should be no reward. maximum pressure should be maintained. and actual implementation of denuclearization will be a demand. >> there's also the issue of u.s. detainees. there's three of them over there. their plight was brought up by mike pompeo, the cia director over the weekend with kim jong-un. president trump said that the u.s. is actively involve in negotiations for their release.

he may push harder looking for a confidence building measure before the meeting in late may, early june. as to where it may happen, jon, the president said they narrowed it down to five locations. i've learned some of those locations may be singapore, sweden, switzerland and maybe further down the list, that they might hold talks in japan -- vietnam, not in japan. vietnam. fairly close to korea because there is an issue, jon, of how far kim jong-un wants to travel. i'll throw it back to you and refresh my geography. >> jon: one of those days, john. thanks very much. you're doing a good job. >> i think mike pompeo is extraordinary. he was number 1 at westpoint, top at harvard. he's a great gentleman. i think he will go down as truly

a great secretary of state. >> melissa: the president thinks mike pompeo is the right man for the job. but opposition is mounting to the nominee for secretary of state who may not even be approved by the senate foreign relations committee making him the first nominee for america's top diplomat not to get the panel's approval. joining us now is hugo from "the washington examiner." thanks for joining us. >> thanks for having me. >> melissa: you think that will be the case? you think he won't get approval? >> it's touch and go on this. you know, there's only -- the republicans only have a margin of one person on the panel. arizona senator mccain is having cancer treatment and might not be there. rand paul has said that he opposes mike pompeo and now democrats like tim kaine that said that they previously said they would support him are now coming out in opposition. there's a possibility that he

won't get approval. that doesn't mean he won't go ahead to a floor vote where i think that he will probably ultimately be passed. but a great shame. he does, as the president said, have a absolutely stellar resume of success in his previous career. >> melissa: rand paul is an interesting one. you can see his reasoning for saying that he's likely to vote no. >> my main complaint has always been that i don't think he shares the same vision as the president on foreign policy. the president has said repeatedly that the iraq war was a mistake and that it's time to end the afghan war. he's talked of coming home from syria. i haven't gotten the feeling that director pompeo agrees with that. he's been on the let's stay forever in the middle east and let's stay forever in afghanistan. so it would have to be some defining of his position that looks a lot more like president trump's position. >> melissa: by definition, the

secretary of state is not supposed to go out and advance his own personal policies. his job is to advance the policies of the president that he works for, right? so i don't understand rand paul's reasoning then. >> you're absolutely right on that, melissa. when mike pompeo becomes secretary of state, assuming he does get approved, he will execute the policies that president trump has -- requires him to do. that's one of his great strengths. he sees eye to eye with the president. he briefs him on security routinely at the white house as head of the cia. they clearly get along. the fact that -- the idea that he wants to sort of engage more abroad is kind of interesting. there he is, he's just come back from north korea where he has negotiated apparently very successfully some preliminary stages to the meeting with president trump. you know, administration after administration has failed to get north korea -- you know, the democrats, for example, are saying he's too trigger happy.

there he is committed to negotiation and maybe he's going to be instrumental in the denuclearization of north korea by diplomatic means. >> melissa: that surprise trip where he returns and looks very successful from what we can tell, although obviously we don't have results yesterday. from the details that we can see so far, that was brilliant. doesn't it make it much harder than for folks to vote against him? >> i think it does. it makes it much harder to vote and be taken seriously that you're doing this on a matter of policy or principle. the thing is that he's going to be opposed not as a matter of policy or principle. he will be opposed because chuck schumer and the democrats decided to block as many nominees as possible to try to undermine the success of this administration. they are calculating that the more that they can hobble this administration the better their chances are of winning the mid-term elections and the 2020 presidential election because they will show that the trump

administration to be ineffective. that is the main goal here of the opposition. >> melissa: thank you. hugo gurdon, appreciate it. >> jon: thanks. right now according action linked to the russian investigation the paul manafort hopes to convince a judge to throw out some of the charges against him. manafort's attorney argues that the order appointing robert mueller was overly broad and his case against his client falls well outside the boundaries of what the special counsel was supposed to do in the first place. manafort is to go on trial in september. >> melissa: southwest airlines taking steps to prevent another terrible accident in the air after an engine explosion on tuesday led to the death of a passenger. we learned the engine showed signs of metal fatigue and this isn't the first time. in 2016 a southwest plane had a similar situation, but that one

landed safely in florida. the airline will now conduct an intense engine inspection process. the faa stepping in, too, saying they will require inspections of certain engines. >> jon: lawmakers are briefed on the trump administration's strategy on syria. not all republicans are on the same page. what is causing this divide? hundreds of national guard troops heading to california along the border with mexico. but not for immigration enforcement purposes. our political panel is in to talk about what those troops will be doing and conflicts that could arise. >> the restrictions in california are not that different than what we're asking the guard to do. looking for aviation support, looking to have then help watch sensor fees and cameras. road maintenance, brush clearing. those are the things that will help us do the missions better. >> jon: and president trump who has been at his mar-a-largo estate in south florida has

boarded air force one. they're about to take off from the west palm beach air fort for the short jaunt down to key west. the president taking part in an anti drug trafficking briefing there. we'll have more for you happening now!

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>> jon: fox news alert. we're awaiting -- there we go. air force one on roll-out from the west palm beach airport in south florida. looks like a beautiful day down there. the president spent the long weekend at his mar-a-largo estate meeting with the japanese prime minister and doing a bit of golfing. he's heading down to key west for an anti drug trafficking briefing. the coast guard and other agencies, the border patrol will be involved. giving the president the latest. they're doing some tremendous work with drones off of the

florida coast. keeping an eye on smuggling vessels and the coast guard and the navy have seized a lot of cocaine, methamphetamine, fentanyl, other drugs. the president will hear about that. we will have more for you as the day progresses. >> melissa: houston celebrating the life and legacy of barbara bush. tonight the city will remember the former first lady at city hall. the public is encouraged to wear pearls or the color blue in a tribute to her. that's sweet. it is the latest remembrance to happen this week. houston city hall building lit up blue last night. take a look at that. it was, of course, mrs. bush's favorite color. >> we're all so very much aware of how they have operated in the past, what they have done using

chemical weapons, using the pause like that to clean up the evidence before the investigating team gets in. >> jon: that's jim mattis talking about syria. while investigators still cannot access the site of a gas attack earlier this month. back home, the trump administration and lawmakers are not seeing eye to eye on the administration's approach to syria. senator lindsey graham showing concerns after a classified briefing where he says the administration doesn't have a military plan. he still wants our troops out. texas congressman matt thornbury. you were also part of the briefing on syria. is that the same one that senator graham attended? >> no. they had separate briefings for the house and senate. >> jon: so your briefing on the house side, did it leave with concerns about the way forward in syria or are you satisfy with the administration's approach?

>> i think all members agree that something needed to be done. some believe that the administration should have asked congress first. what i think lindsey is talking about is a broader strategy for where we go in syria. and i don't think the administration has all the answers to syria. in fairness to them, they inherited a mess. i don't know of anyone that has come up with a plan that could put all of the pieces of syria back together again and deal with the expansion of the iranians, the isis presence that is still there, the interest of the turks, the interest of the russians. it goes on and on. >> jon: the senate foreign relations committee chairman, bob corker, says he believes it's too late for the united states to have any useful role in syria, that it's going to be carved up by the russians and

the iranians. obviously two countries that are not our friends. what do you say to that? >> as i said, syria is a mess. i don't know of anyone who can put all those pieces back together again. on the other hand, we have some serious interests in syria. number 1 is we have some troops on the eastern side of syria to work with the local forces to defeat isis. to exterminate them and make sure that we don't have to face an isis 3.0. secondly, we don't want to have the iranians and the russians rushing in to syria and posing a problem for the region to israel, to jordan and perhaps to our interests. so i don't think we have to fix syria. but at the same time, i believe it would be a mistake to completely withdraw from syria just because there's so much at stake there. >> jon: the president said in

early april he wanted to withdraw. then we get this gas attack and now we're lobbying more cruise missiles. do you think assad was emboldened by the president's withdrawal announcement? >> i don't know. there's been some speculation about that. what we know is about a year ago, assad killed a large number of people with chemical weapons. president trump responded against the military units that carried out those attacks and while there had been some small scale attacks for a year, assad kind of backed down. i hope what happens now is that assad will understand that chemical weapons, which have been outlawed for about 100 years, cannot be used against anyone even those that are fighting his regime. i think it was very important not only for the united states but for our key allies of france and britain, which represent the

three permanent members of the u.n. security council, it was important for all of us to stand together and say, this is a barbarity that even in warfare we cannot tolerate. >> jon: let's talk about the pentagon's budget. you have rolled out a plan that would cut $25 billion not from front-line troops but so-called pentagon support services. what are you proposing what are you hoping to achieve there? >> well, one of the ways that folks put it is we need to reduce the tail and put more emphasis on the tooth of the military. what that means is, over the past number of years the bureaucracy, the back-office support functions of the pentagon have grown tremendously. if you compare the money that goes to the army, navy, air force and marines, we're significantly less than we were, say, during the cold war era. so i'm trying to take -- to make

the pentagon more efficient, to get more value for the taxpayers and to transfer those resources out to the front lines where the men and women are risking their lives to protect us. now, there's always resistance when you try to make change. you know, nobody wants to see their office reduced or aboli abolish abolished.

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uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> some wild video here. an accused shoplifter beats up an oregon store owner. you can see the guy trying to take off. the owner was guarding the door so he started punching him. >> melissa: whoa! >> jon: this happened in a secondhand clothing store. apparently sold the suspect's clothes without his permission. he was trying to steal them back. the owner suffered a severe eye injury. the suspect has not yet been caught. >> melissa: what are the odds the clothing was worth all >> jon: i don't know. wow! >> melissa: just in on the president and russia. president trump making it clear that he is not afraid to stand up to moscow as he blames the media for spreading that

misconception, especially over the timing of new sanctions. >> we'll do sanctions as much as they deserve it. we'll have -- that is a question. there's been nobody tougher on russia than president donald trump. there's been nobody tougher than me. with the media, no matter what i did, it's never tough enough. that's their narrative. russia will tell you nobody is tougher than donald trump. >> melissa: joining us, fox news media analyst and the author of media madness, "donald trump and the press and the war over the truth." thanks for joining us, howie. what do you think of the president's assessment? >> he's right about the media narrative and the consensus is that other presidents have been tougher on russia. ronald reagan versus the soviet

empire. that's based on the president's words. he's speaking positively about putin saying he wants to get along with russia. the press doesn't give equal weight to the actions posing sanctions and expelling 60 diplomats because there's a focus on his rhetoric. >> melissa: when i hear the president pressing reporters on the point, they say i wish he would stand up and say something strong. when he tweeted about syria and the chemical weapons and don't back this murderous regime or you'll be sorry, they were upset that he tweeted his utterings. >> yeah. talk about can't win. when the president does say or does something that goes against the narrative, it tends to be dismissed or it's a story for 1 1/2 hours and we all move on. the reason we're talking about this is because it was extraordinary that nikki haley was sent out on "face the nation" and she said tougher

sanctions would be coming the next day. that didn't happen. there was a communications break down. larry kudlow said there was confusion. she said she wasn't confused. he apologized. the president is covering this like a soap opera. "new york times" raises questions of political ambition, jealousy and loyalty. the problem is nikki haley was sent out there without dated instructions or wasn't in the loop and made it appear the administration was sending mixed messages on this. >> melissa: and she was undercut. and we saw this happen to rex tillerson. that's not good. right? >> right. because it created an expectation. look, you feel the united nations ambassador is speaking for the president and the administration. whether she was undercut deliberately or a plain old screw up, it created -- nobody said where is more sanctions about moscow after the syrian air strikes. when the ambassador says it and it doesn't happen, now the

president says it will happen when russia deserves it. it's different. >> melissa: mike pompeo was asked this question when he was brought forward. he said, you know, had been very tough on russia. he said we killed 100 russians recently in syria. that was confirmation of there was a skirmish and attack and there's some debate about whether the russians were mercenaries, from somewhere else or were they really russians. they were fighting on that side in a dust-up. that's pretty meaningful, is it not? didn't get a lot of coverage. >> yeah, didn't get a lot of coverage. you know, it's certainly possible for the administration to be somewhat tough on russia, not the toughest in history, and yet the president trying to be diplomatic or conciliatory to not enjoin in the harsh rhetoric that the media loves. look, the president is right about this as far as the narrative. one of the reasons the president is so focused on donald trump's

kind words towards moscow is because of the whole investigation of the russian collusion. they see a tie there. so far no evidence of collusion in this investigation. >> melissa: thanks, howard. >> good to see you. >> jon: the fallout continues in syria after a deadly chemical attack. why international inspectors can still not reach the site. plus, republican lawmakers setting their sights on the justice department. why there's a new call for a criminal investigation into hillary clinton and james comey. >> we've got director comey saying, well, you know, i was a boy scout. i was above reproach. now we have evidence that would suggest that that is not accurate. we have to look at it further. i get up, i go to the office, i kill it. i go home, and i repeat. my career is moving forward, but my student loans are going nowhere. it'll take me 20 years to pay them off, but i finally found a way to pay them off sooner,

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>> jon: the sanctuary battle between the white house and california continues to heat up as governor jerry brown announces that he will send up to 400 national guard troops to help combat criminal activity at the southern border. here's the governor. >> i'm concerned about the shipment of drugs not only over land but on the shores of california and human trafficking. i'm concerned about the guns that are going south from arizona and california and texas. so those are the things that we're already working on. it's a very logical next step to add a couple hundred more or more than that.

the guard is chomping at the bit ready to go. so i think we'll get there. >> jon: our panel today, democratic strategist and partner at forward solutions strategy group, isaac wright and josh homes. thanks for being here. >> great to be here. >> jon: isaac, did jerry brown blink? the president clammed him the day before for not sending troops. now they're going there but they're not going to do immigration enforcement. >> right. he set out some clear parameters. they're not going to do the job of the federal border police and two, they are going to be paid for out of the federal funds. there's a huge issue here about what is really at stake with our national security, right? the problem at the border is a problem of foreign policy. a problem of law enforcement. a problem with immigration. however, it is not a military problem. there's not an army marching north to our border. and these are our troops.

these are our national guardsmen, our reservists that are meant and prepped and ready for battle. instead, we have $19 million allotted in the budget to fund work at the border. a six month deployment of 4,000 troops will cross more like $200 million. so not only are we taking our people that should be training for serious matters of war in foreign theaters of combat like syria, north korea, russian, yemen, et cetera, instead we're taking them to the border to clear brush and sit in guard towers when in reality, congress has underfunded the border police and they're 1900 jobs short -- >> neil: let's give josh a chance here. i suspect he sees the mission differently. >> all of this sounds like a great argument for a barreder wall, right? that's what president trump has proposed all along. we could have been saved all of the drama here if governor brown if he said yes to the initial

request. sounds like he's doing exactly what it was asked of him initially. yet we went through this round of i won't do it, i will and he had a revolt in southern california saying no, governor, we do have a problem here. so here we are, you know, after a couple of weeks of debate doing what the president asked in the first place. >> jon: and you have san diego county, isaac. the county that butts up against the mexico border saying that they don't want any part of california's sanctuary state law. >> look, the municipality has the opportunity to say what they want to. there's a question of double taxation here. should we be paying federal taxes for ice, the immigration customs enforcement to do their job and then paying double taxation to stay governments through local law enforcement to do that job instead of doing their own job to police for predators, murders and

et cetera. we are depleted our military readiness to do a job that congress and the president failed to do by supporting border police and supporting their budget and the fact that they're 1900 officers underfunded -- >> let's talk about -- >> -- and deputizing them to do what the trump administration should be doing -- >> what isaac is talking about is a failure of congress to enact what the president requ t requested in february. senate democrats shut the government down over the issue of a border wall and immigration reforms. they chose politics instead of fixing the problem. wouldn't it be delightful if the state of the union with the worst illegal immigration problem did something to help it? that would really be a great day. unfortunately ideology gets in the way here and the federal government has to do the job.

>> jon: we'll see what happens with the troops along the border, whether they end up doing as jerry brown says they will do. have to leave it there. isaac and josh, thank you. >> thanks. >> melissa: new reports out of syria. the fallout continues from the deadly gas attack outside damascus. an international chemical weapons inspectors try to reach the site of the attack to collect evidence. benjamin hall is live in turkey near the syrian border. benjamin? >> yeah, hi, melissa. we've been here talking to victims of the chemical attack. people that have managed to escape. some have crossed into turkey. we hear about how terrible the night was and the concerted effort by the syrian regime to hide the true fact of that etching. they had been trying to get in and to take some of the evidence from the site, but they have been blocked. what we're hearing is rebels

have been firing at them. thats not true. they were bussed out by the rushes. this bussing out of the rebels has been taking place today and in neighboring parts of damascus. people now fear gas attacks to such a degree that they want to leave. general mattis spoke out and said he's seen this behavior before and they have tried to mask evidence after these kinds of attacks. nevertheless, stories are getting out and crossing the border. bit by bit we're able to paint the picture of what happened in that terrible chemical attack in douma. we can't get to the site ourselves, but every day evidence and witnesses come across this border wall with more horrific details. we met up with a survivor. >> one had broken the roof and was stuck. everybody in the house and at least two other houses had died. the barrel was about five feet long, yellow and made of thick

metal. doctors said they only had room to treat those that had a chance of survival. they left the others to die. >> we've heard from witnesses of the regime found the graves of the people that died in the attack and they have taken the body so they can't be tested. we heard of doctors that treated some of those victims have now been threatened by the syrian government and their families have been threatened and some detained. evidence is getting out. we heard from a commander that the americans, some americans have been there and taken urine and blood systems from survivors. even though the u.n. and the opcw doesn't have the evidence, it appears the american government does. >> melissa: thank you. >> jon: nearly a dozen republican lawmakers calling for the prosecution of hillary clinton and james comey. so will the attorney general, jeff sessions take action? we'll talk to one of those lawmakers next. mitzi: psoriatic arthritis tries to get in my way? watch me.

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>> melissa: nearly a dozen republican lawmakers have written a letter to the justice department demanding a criminal investigation into hillary clinton and james comey and some other high profile officials. the letter reads "we're especially mindful of the dissimilar degree of zealousness that have marked the campaign. one of the lawmakers that signed the letter, jeff sessions, joins us now claudia teneny of new york. i want to get into this. starting with james comey. you said he said although there's evidence of potential violations of statutes regarding classified information, there's no reasonable prosecutor that will bring the case. that he made the statement

before he interviewed hillary clinton. isn't that your argument? >> that's true. yes. stunning comments that came from james comey. i was watching that live when james comey made the case for the prosecution of hillary clinton. at the end, he said no reasonable prosecutor would prosecute her after that was said. after congressman radcliff asked him, did you make these comments about hillary clinton before or after your interviewed her and the other 17 potential witnesses. he said after. we find out now that all of these memos and his decision not to prosecute hillary clinton was actually before he interviewed her. so this undermines the fbi and undermines our system of justice. people go to the fbi expecting that we're going to have equal justice under the law. selective prosecution is nothing we should tolerate. >> melissa: so he made that decision and lied about it.

in terms of hillary clinton, you say that she disguised payments to fusion gps on mandatory disclosures to the federal election commission. >> yes. here she is -- we know now that the perkins law firm was involved in a number of channels. some people call it laundering. looked and appeared to be violations. this should have been reported on financial statements. it was not. we're raiding the offices of trump attorney michael cohen because supposedly there was something going on with him there under the subpoena there that had to do with stormy daniels. now this is not been prosecuted so we want them to look into this. is this something that should be raised? these are federal statutes that were detailed and cited in each section of our letter that is what is really important. we're giving them the frame work. we're giving them -- >> melissa: you're letting them know what it is.

i don't mean to rush you but i don't want to miss details. loretta lynch said she threatened with reprisal the former informant that tried to come forward on the uranium one deal. >> yeah. we referred them to the specific statutes and some other sections of law that we have found that apply. they should be considered by the fbi. they should be considered by the attorney general. they should do an investigation to see if we should be prosecuting these obvious violations or appear to be obvious violations of law. this is about equal justice. the average american should trust the fbi is not going to decide, oh, i don't think i'm going to prosecute because this person is a democrat or republican. >> melissa: i'm sorry. we have to do. andrew mccabe lied under oath and strzok and page submitted a phony dossier to the fisa court.

we'll see. thanks for coming on. >> thank you. >> jon: a fox news alert. a short flight from west palm beach to the keys. the president will be touching down and hearing on anti-drug trafficking efforts, one of the causes of his administration. he has proposed invoking the death penalty for major drug dealers. so an anti drug trafficking briefing ahead for the president as he continues on this thursday. meantime, the president is sounding optimistic about his upcoming meeting with kim jong-un. more on where it might take place. >> i'm very skeptical that the north koreans are serious about this but i'm willing to let the administration test diplomacy. while we do that, we cannot ease up on the maximum pressure

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. >> we have to advise the public, make sure everybody understands the chance for success may be very slim, but look, i can tell you -- you can't swing a dead cat around capitol hill without hitting a north korean expert.

one of the first things that i did when i joined the agency, work north korean issues. the past 30-plus years of foreign policy strategy we've been following has produced nothing other than an almost fully nuclear capability. the time is right. but we have to be realistic. the president said it right. you have to be willing to walk away. you have to be aggressive. this is a good thing. >> jon: but it's also true that north korea comes at this from a position of significant strength. they almost got a deliverable nuclear warhead. >> and that's from this containment policy that we've had through a number of administrations. it's been going on a long time. so yes, they have gotten down to the point of the road where we don't have that many options. the good news, we have our

allies, japan is fully on board with this. south korea of course. china, you know, kim had a recent meeting with xi in china. looks like the chinese understand this is a unique opportunity to perhaps, again, perhaps shift the dynamic. i would assume that setting aside partisan politics and i understand there's democrats that can't stand the president, but denuclearizing peninsula, you think that is something that we can all get behind. let's give it a shot. >> jon: it's going to be fascinating to watch assuming this thing does take place. mike baker from diligence. formerly with the cia. thank you. >> thank you, jon. >> melissa: former fbi director james comey now saying he regrets taking personal digs at president trump in his new book. is comey losing credibility? whoooo.

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>> jon: surely you recognized the hair. there is the back of president trump. he's landed in key west. anti-drug trafficking meetings ahead for him today. thanks for joining us. >> melissa: "outnumbered" starts now. >> fox news alert for you. donald trump just touched down, air force one arrived in key west, florida. the president has a two-hour stop at the naval air station key west. you can see the president is on the ground waving at onlookers. while he's there, secretary of he land security kirsten nielson will tour the base and they will be briefed on the drug trafficking fight. the president took off from palm beach international and made his way to key