celebration going on. watch for that. >> bill: a lot of folks in the states will get up early saturday morning. great job today. see you in the pub a bit later. i'll see you tomorrow right here. you got it. see you soon. >> sandra: "happening now" now starts right now. >> and fox news alert on some new calls to wrap up the russia investigation one year after it began with word the special counsel would not indict the president if there is any finding of wrongdoing. good morning to you, i'm jon scott. >> i'm julie banderas. president trump tweeded it's the greatest witch hunt in american history. no collusion and no obstruction. it comes as the president's lawyer says an indictment against the president is off the table. rudy giuliani says he learned that in a meeting with robert mueller. >> when he said we don't believe we can indict a sitting

president, was he trying to get your guard down as if what are you afraid of, guys? just bring him in? >> i don't think so. it came up this way. i asked him specifically if they realized or acknowledged they didn't have the power to indict both under the justice department memo which gives them their power in essence, confines their power. >> john roberts is live with more for us this morning. >> good afternoon. fox news first told you yesterday afternoon a couple of weeks ago robert mueller informed the president's outside legal team including giuliani and sekulow that he would not indict a sitting president. this morning on "fox & friends" rudy giuliani went into a greater level of detail about how that came out. listen here. >> he wouldn't answer. and one of his assistance said they acknowledged they had to be bound by justice department policies. and then the next day or the

day after they clarified it for jay sekulow who was with me at the meeting that they didn't have the power to indict. that what they would eventually do is write a memorandum and give it to the deputy attorney general rosenstein. >> despite mueller's assertion to the outside legal team richard blumenthal, who was that state's attorney general insists the president could be indicted. >> the president is not above the law and an indictment, if that's the course that mueller chooses to go would be upheld by the court and go to the united states supreme court. an issue never resolved and there is a department of justice opinion to the contrary. i happen to think that he could be indicted even if the trial is postponed. >> giuliani told fox news of the mueller investigation, quote, the case is essentially over. they are just in denial. giuliani doubled down on the strategy to disclose back in

early may that the president had paid michael cohen back for the stormy daniels payment. the payment was included in the president's financial disclosure released yesterday by the office of government ethics. here again giuliani. >> the president was fully aware of it and president endorsed a strategy. we wouldn't do it without him. the oge office of government ethics basically agreed with us that it has been fully disclosed. i have a little disagreement with them, a petty one. i don't believe it had to be disclosed at all because it was an expense he reimbursed. >> one other development in the cohen case. the person who released the information did it because two suspicious activity reports on transactions involving cohen disappeared from the treasury department's database, the fan shal crimes enforcement network. the source, a law enforcement official, feared the records would be lost and leaked to

media outlets to make sure we got a chance to see them. the treasury department's inspector general has launched an investigation into who leaked those confidential reports and we're expecting at some point today a statement from the treasury department on these two allegedly missing suspicious activity reports. >> thank you, john. >> more on this with white house correspondent for the daley caller. the mueller investigation has been underway a year. is there any end in sight? >> the president's lawyer would like us to think so. we've heard that many different times from many of the president's legal counsels in the past. we heard that thanksgiving is when it would wrap up, then christmas. here we are mid-summer and rudy giuliani says all that needs to happen now is that the president and his team need to resolve the issue of the interview and from that point we'll see where that goes. >> the president's lawyer rudy

giuliani has also said that mueller essentially told him the president cannot be indicted. can we take that to the bank as gospel from mueller? >> i think john roberts highlight that richard blumenthal did say it wasn't the case. however, we know there is a d.o.j. opinion from 1999 which does say that a sitting president cannot be indicted. it don't mean the president is out of the woods here because even if there is no indictment, he could make an impeachment referral to congress and which was really the proper avenue in which these types of things should be litigated. the president of the united states was elected. our elected body would be the one to try him for the high crime and misdemeanor if there was such a thing found by special counsel. >> there is still the question whether or not the president will sit down for an interview with robert mueller. >> that's right. rudy giuliani said on fox news that other lawyers would think

he was an idiot for allowing the president to submit to an interview. if this is the avenue where they can get it wrapped up the fastest it's route they'll go down. a lot of things to be discussed here as to whether the president will sit down for a two-hour period. whether he will be under oath for such an interview. whether some of the questions released by "the new york times" could just have written answers submitted by the president's legal team back to the special counsel. that really is the main sticking point and it could drag on throughout the summer here. >> the president is pretty confident in calling it a witch hunt and confident in saying no collusion, no obstruction has been found and so far, i mean, as far as we can tell from everything that's come out of the mueller investigation, the president seems to be right about that. but i suppose there could be other shoes to drop and mueller maybe is holding his cards close to the vest? >> the president's view on this and the white house's view on this is that the special

counsel has done what he is supposed to do. indicted the 13 russians. investigated russian interfere answer in the 2016 presidential election. now we're seeing charges of michael cohen's bank fraud unrelated to this. seeing the investigation of paul manafort's personal finances dating back to the mid-thousands. this is a sprawl investigations. he think it's an effort that has been dragging on and on and on. and every single time he has to go before the camera during -- the majority of the questions we hear in the briefing room and to the president of the united states are about this matter. >> when you are standing in front of a foreign leader talking about trade deals or whatever you don't want to talk about indictments and special counsel. but they are breathing a sigh of relief at the white house

over what mueller's team told rudy giuliani, aren't they? >> i'm sure they're breathing somewhat of a sigh of relief but learned at this point that this probe has been a thorn in their side for quite some time and the last thing anybody wants to go through is if the special counsel does give a referral of impeachment to congress that in and of itself will be the show trial of the century. >> i can imagine the tweets we'd hear about that one. thank you. >> fox news alert. israel carries out air strikes targeting militants in gaza overnight in response to an attack on the israeli city. dozens have been left dead. david lee miller is live with more. >> hi, julie. let me start with the latest news here.

there appears to have been a false alarm in the golan heights of an attack. it appears to be a false alarm. within the hour sirens did sound in the golan and israel's iron dome interception system was activated. i have seen a picture on social media that shows the plume of smoke indicating that the missile was launched. apparently there was no target. this again apparently a false alarm but it was only one week ago that iranians in syria fired some 20 rockets in the direction of israel. at least four were intercepted. the others fell short. there are a lot of people on edge in israel's north and have been for the last week and most definitely in the last hour. again this appears to have been a false alarm. also now i can report that tensions are simmering in the south along israel's border with gaza. but for now there appears to be a reduction in the level of

potential violence there because of intervention by the israel says air strikes targeted a military compound and three locations in gaza in retaliation for an assault by palestinians militants who sprayed machine gunfire at an israeli border community. despite that hail of bullets there were no injuries. in a statement the military says it holds hamas responsible for everything that take place within and without the gaza strip. it shows palestinians attempting to cut the border fence and egypt that shares a border with gaza is calling on hamas leaders to stop the mass protests along the israel/gaza border. according to a published report today egyptian intelligence officials said the blood of palestinians killed in the

demonstrations is on their hands. the egyptians showed hamas leaders a video that revealed hamas members paying off civilians if they agreed to approach the border fence despite israeli warnings that there would be deadly consequences. and julie, it is worth noting hamas has agreed to reduce the level of violence as these demonstrations continue to take place. the next significant demonstration they say will be june 5th. why that date? it's the start of the six-day war anniversary and as a result of that conflict, jerusalem was reunited under israeli control and hamas says there will be mass protests. as of now, they say, not with this same level of violence. >> david lee miller, thank you. >> new developments in the russia investigation dividing lawmakers on capitol hill as the probe reaches the one-year mark. why some on capitol hill say it's time to pull the plug on

the mueller investigation. plus critics in california railing against the state's sanctuary laws as president trump doubles down on his -- >> president trump: we have people trying to come in. we're stopping a lot of them but taking people out of the country. you wouldn't believe how bad these people are. ( ♪ ) your heart doesn't only belong to you. child: bye, grandpa! and if you have heart failure,

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>> lawmakers divided as the russia investigation enters its second year as president trump's attorney urges an end to the probe. rudy giuliani saying there are limits to what action the special counsel's office can take against the president. listen to this. >> cooperated beyond any other president ever cooperated. all those documents, 1.4 million. all the witnesses. >> what's the plan b, c? firing mueller? >> let me start from day one again as the president pointed out. what we are going to do is we're going to see what kind of legal remedies are available to

us including if they subpoena us, challenge the subpoena. the same reason they can't indict him constitutionally. >> let's bring in john thune. robert mueller has had a year plus to conduct this investigation. giuliani as you heard last night said that mueller won't be indicting president trump, however democratic senator richard blumenthal says giuliani is wrong and the president could be indicted. i'm getting confused. which is it? >> i guess it depends which lawyer you talk to. rudy giuliani is making that argument as is the president's legal team. i don't think we've heard from the department of justice on this issue. you know, i think that issue will get sorted out by lawyers. the broader point is this needs to be concluded in a timely way. i do think that it has drug on for a long period of time. we want to make sure the

mueller investigation the thorough. the american people at some point are going to tire of this and many of them have already put it in their rear view mirrors. >> you know who is tired of it? the president. he lets us know every day on twitter. the latest tweet. congratulations, america, we are now into the second year of the greatest witch hunt in american history and there is still no collusion and no obstruction. the only collusion was done by democrats who were unable to win an election despite spending far more money. now, if there is no proof of collusion and no indictment, is it time to wrap up the probe? and is the president out of the woods or is there still the possibility of an impeachment referral to congress? >> i would highly doubt that would be the case. i think it's in the president's best interest and the american people's best interest that the

facts and the truth get out there. that the conclusions be reached. they've investigated everything and interviewed everybody and have had months and months of this now to do this and i think it's time for them to begin to start winding this down. i hope that happens sooner rather than later because i don't think it's anybody's best interest to drag these sorts of things out forever and for them to become an unending sort of campaign. my fear is that if this starts heading down different rabbit trails that could happen. >> yesterday the release of more than 2,000 pages of transcripts sort of caught us all by surprise of the interviews with donald trump junior and others involved in the 2016 trump tower meeting. they seemed to turn up nothing. it was intentional for them to be released for that purpose. from what i read donald trump junior went into that meeting on his own, explaining he took the meeting because he was told a russian lawyer had dirt on hillary clinton and that never materialized.

so when he realized there was nothing to gain from it he walked out without telling his father. should we believe him? >> i think the documents that came out yesterday are in some ways telling. it sheds more light on what happened in the course of some of these meetings. but i think again what you have to at some point conclude one way or the other was there collusion, and i can't -- i have seen no documents or evidence that suggests that either from anything released yesterday or anything that the senate intelligence or house intelligence committees have done in terms of their investigation so far. so it seems to me at least that at some point you have to start turning the page on this stuff and closing this chapter and allowing the president and this country to get on with the important work that is ahead of us. there is a lot going on not only here at home but around the world. yes, we want the facts out there, we want the truth out there and make sure it's thorough but we don't want it to drag on forever. >> americans would like to get on with their lives i believe

for the majority there. much of the questioning focused on the president's knowledge of the meeting. the problem here is that donald trump junior, when asked if he had meetings with the russians or with anybody representing russia, his answer was no and so it turns out this meeting happened but this meeting was intended to get some dirt on hillary clinton, nothing wrong with that. that's perfectly legal. but yet still they are grilling him on a phone call he apparently made during the plan stages of this meeting to a blocked number. then he was asked if he remembers who he spoke with when he called that blocked number. then he was asked whether his father used a blocked number and trump replied i don't know. so that's why senator blumenthal says there are a lot of holes in his questioning and believes he should be questioned under oath. will mueller go as far as getting trump junior to appear under oath? >> that's a good question. i think it's a subject for the

mueller investigation to deal with. he has appeared and answered questions. they have the transcript. got a lot of evidence and documentation already assembled. whether or not that should happen i think will be up to the relevant committees here in congress and the mueller investigation. again, if they want to bring him in again and think there are other questions that need to be answered that haven't been answered, that's fine but let's get this process moving forward and let's get it wrapped up and concluded. it seems to me this thing is a never-ending episode and the american people are growing weary of it. >> always great to see you. thank you for taking the time. have a good one. >> the countdown is on to a certain wedding in great britain. prince harry and meghan markle in case you didn't know will say i do on saturday. benjamin hall has been covering it all and joins us live from windsor next. plus you'll never guess where this kangaroo is stopping traffic? here is a hint. it is not in the land down

under.

>> julie: here is something you don't see every day. a kangaroo hopping along a highway right here in the u.s. the man spotted the animal near the georgia/south carolina state line tuesday. responding officers posted a picture to the department's facebook page saying i thought dispatch was joking. the kangaroo was captured and returned to its owner, a licensed exotic animal farmer. >> jon: the royal wedding will

be taking place less than 48 hours from now but the festivities were overshaded by tabloid reports about meghan markle's father. now he will not attend the wedding because of health problems. benjamin hall with more on all of that. >> you can feel the excitement in windsor. the flags are out and processions are starting. a billion people expected to watch it on television. big news breaking today meghan's father will not be able to come. there was some controversy over paparazzi pictures but now a statement from kensington palace saying it was a heart condition and not able to travel and they released a statement today as meghan markle arrived at windsor saying we're very sad my father won't be attending our wedding. i've always cared for my father and i hope he can be given the

space he needs to focus on his health. full steam ahead today. the rehearsal went underway today. thousands of people lining the streets. we saw the military, bands and horses and the carriage. the 20 seconds the royal couple will pass them is all they get to see. thousands of people from all around the world, all corners of the world have come to see it. some camping out as long as two days ago sleeping in bags on the pavement. so expecting to see them ramp up the celebrations getting closer to the day itself. we're waiting to see who walks meghan down the aisle now that her father has pulled out. certainly we'll be following the celebration for you live on saturday. >> jon: it will be a lot of fun and a lot of viewers. benjamin hall, thank you. we will bring the royal wedding to you live right here on fox. our team coverage begins saturday morning at 6:00 a.m.

eastern time. shepard smith and sandra smith who are not married will be reporting outside windsor castle. >> julie: will gina haspel become the first woman to run the central intelligence agency? we'll be talking live to senator rand paul about which way he is leaning. you will want to stay tuned for that. hawaii on high alert with the growing threat of a major eruption. we're on the big island with the latest on a very active volcano.

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get started at fastsigns.com. >> jon: new information now on 10 children rescued in california. prosecutors detailing the torture they say they endured at the hands of their father, which included water boarding. william la jeunesse live in los angeles with more. william. >> well, john, court records say the children, ages 6 months to 12 years old were punched, strangled, bitten, water boarded, scalded with hot water, shot with a cross bow and b.b. gun allegedly by their father 29-year-old jonathan allen and their mother, ina rogers. both parents previously denied the allegations. allen said i'm not perfect but i'm not an animal, a torturer or monster. the couple's 10 children are in

state care. they were huddled together on the floor of the couple's filthy home filled with rotting food, human and animal feces. if interviews the children revealed the abuse allegations. rogers bail is set at $500,000, her husband 5 million. he spent six months in jail for assaulting his wife saying allen performed most of the abuse, rogers new about the incidents. assisted in some of the abuse and dissuaded the children from telling about their injuries which included broken arms. they were homeschooled. the state doesn't inspect, monitor or check homeschools. neighbors say they rarely saw the kids. >> jon: what a sad story. william la jeunesse. thank you. >> ms-13 gang members that i know about if they don't reach a certain threshold i can't tell ice about them. >> president trump: we have people trying to come in. we're stopping a lot of them.

we're taking people out of the country. you wouldn't believe how bad these people are. these aren't people, these are animals and we're taking them out of the country at a level and rate that has never happened before. >> julie: president trump not mincing words when slamming so-called sanctuary laws during a round table discussion with local california leaders. the meeting coming in the midst of a battle over dueling immigration bills that appear to be splitting house republicans. i'm joined by congressman david black of virginia, member of the budget committee and freedom caucus. when he refers to them as animals. a lot of people attacked him for this. he is referring to the criminals. those in gangs that are going out and harming others. those are the animals he is referring to. let's make that clear. let's get on to sanctuary cities. if 80% of americans oppose sanctuary cities why are we still having this debate? >> that's a great question. because we're broken down by

state and region and locality, etc. and unfortunately on the republican side we have about 30 folks that are going across the aisle leapfrogging over paul ryan and leadership with 200 democrats denny hoyer says he will offer 200 democrats in a yes vote that they wouldn't provide one vote for us on tax relief. but when it comes to an amnesty. potentially 3.7 million illegals and over a decade 10 million, our side hopefully blocks this. it is called a discharge petition using this queen of the hill terminology. they're promising a vote on good policy, the goodlatte bill. it doesn't quite have the votes. the amnesty vote has the votes with the democrats. and then on sanctuary cities our governor in virginia promised the people i would never go for sanctuary cities. he is in office for two weeks and turns around and 180 turnaround and so the people didn't vote for that but that's the democrat policy. they talk pro business, etc.

and then they raise taxes, talk about immigration rule of law and then they turn around after they get into their seat. i hope the people are waking up because that's not the kind of country 80% of the american people want to live in. >> julie: when you refer to 10 million to be clear for those at home who may not understand through chain migration. so there are many in the gop who are, as you mentioned, pro-amnesty and where it's drawing a line between those in centrist republicans. they basically will release four immigration bills to the floor at the same time. does bob goodlatte, the chairman of the house committee on the judiciary have any chance of getting his compromised bill through? it helps daca kids, which that's what democrats want. the question is does it fix our border crisis? >> the goodlatte bill does absolutely. >> julie: why wouldn't democrats go with that? they get both.

>> it provides 700,000 daca kids. trump offered two million amnesty and the democrats said no to that because they don't want the other components. they don't want border control. half the problem is visa overstay. the wall won't fix 50% of the problem. sanctuary cities is in there and on and on and on. and no one mentions the cost. big corporations want cheap labor. but who pays the tab? two kids come over, go to public school. all children of god, right, no issue there. but someone is picking up $26,000. everybody in the working class knows it's them, right? and we had a debate on this. it was bernie all the way through president trump. bernie cared about the traditional blue collar worker and he lost. it was rigged, hillary rigged it. big business rigged it against bernie and trump won i'll take care of the average worker and paul ryan at the same time will tell you we have 10 million people that are still out of

the workforce back due to the financial crisis. we have to get 10 million american citizens back to work. the answer isn't to bring 10 million new folks in when you try to get those folks in the workforce. it's common sense. >> julie: the goal is to fix our broken immigration system. democrats years ago it was a priority to them and has fallen into the back seat. let's talk about goodlatte's bill. with the queen of the hill rule as you were talking about, basically the one with the most votes goes through. if goodlatte isn't picked. democrats as you mentioned know their dream act, which grants 3.6 million immigrants amnesty has the most votes. the problem is the dream act has no enforcement and it doesn't fix our broken immigration system. what is the fix? >> right. the fix is we have to keep compromising within the conference as republicans on the goodlatte bill and find a

sweet spot that will pass into law. the good news at the end of the day president trump, i think he will veto straight dream act. it doesn't fix the problem. you were right, the democrats used to be in favor of this. senator obama in 2005 was in favor of all of this and bill clinton in his inauguration speech was in favor of all these elements. they cared for the working class. now the democrats have pivoted to this identity politics instead of caring about everybody and the average working person back home. in my district it's a 70% or 80% issue. the democrats won't talk about it because they know it's a loser. some of the republican in the group of 25 have looked at the polling data in their areas. it is surprising how many people are sick and tired of this chaos at the border and in the sanctuary cities. >> julie: if you look at the state of california, even in california the majority of the precincts that have bans banning any federal authority to infringe on the rights of

illegal immigrants, even they don't want it. if california and law enforcement officials there don't want it, it has to say a lot to the democrats. >> right. at first the democrats kind of use this as a political tool that sounded good. now people are living with it. and that's the difference. now the american people know what's going on. thank you for covering the issue. >> julie: thank you for coming on. jon. >> jon: fox news alert. a kind of report that puts fear in the heart of every parent. a report of a serious accident on westbound interstate 80 in new jersey involving a school bus and a dump truck. we know that there are injuries. we don't know what kind. i-80 is shut down in both directions. again no word on the casualties but drivers are being told to expect very heavy traffic on interstate 80. this is in new jersey west of

new york city. a very heavily traveled route. this is the time of year when a lot of schools send their kids out on field trips so it could be that kind of thing. could have been an ordinary morning transportation run on i-80. but a school bus/dump truck accident and there are injuries. we'll keep you updated as best we can. it is an incredible feat for anyone. one man did it with no legs. how a double amputee made it to the top of mt. everest. the president's pick to lead the c.i.a. expected to win confirmation later today. there is one republican expected to vote know. up next senator rand paul as to why he is still opposed to gina haspel. your heart doesn't only belong to you.

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or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. entresto, for heart failure.

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gina haspel after her nomination sparked a heated debate over torture. joining us now is senator rand paul a member of the foreign relations committee as well as homeland security and government affairs. are you still a no on gina haspel's nomination, senator? >> i'm concerned on several fronts. the torture is one but i'm also concerned about her close association with john brennan. we've discovered that john brennan, since he left government, is basically very much a partisan and hater of president trump. gina haspel is known for years to be an acolyte of his and some questions whether or not the c.i.a. was receiving evidence or wiretapping information from the british intelligence on trump officials in england and i think if we need to know there are rumors also she was over seeing europe at the time as the head of the c.i.a. for europe. there are questions we need to still ask and i think it's actually a mistake probably to approve her now if she was associated with john brennan and anything that had to do with spying on the trump campaign.

>> jon: we'll get to your spying questions about her in a moment. one of your questions about her has been her participation in water boarding. she said this week publicly that in hindsight she thinks it never should have been undertaken. is that not enough for you? >> in contrasts with her words and actions at the time. there was a lack of judgment and having a moral compass knowing what's right and wrong. more serious than the water boarding that we did to prisoners realize these are accused people. people who haven't been convicted of anything and we aren't positive. of the 125 people tortured, 26 of them were the wrong people. worst thing that we were doing is sending them to barbarians like assad in syria. we've been bombing assad because he gassed his own people. we would also torture -- if you send people to them he would torture them for you. our c.i.a. sent people to assad in syria to be tore aourd.

what did gina haspel know about that? we sent people to egypt who disappeared forever. we presume they were killed during their torture and was gina haspel part and parcel of sending those people to egypt? a lot of questions i have. i think we're better than that as a people. there is a lot of good people at the c.i.a. do we have to have someone who really was an enthusiastic supporter of torture? >> jon: you're the only one -- >> john mccain and jeff flake. there are three republicans so far willing to stand up and say torture is wrong. >> jon: thank you for the correction. but my question is on another point there are a number of democrats who said they will vote for her. most democrats voting against her it would seem primarily want to do so because it blocks president trump. is that an appropriate use of a no vote? >> i don't think that's a fair

analysis. i think they believe torture is wrong and waterboarding was wrong and when we snatched people up we snatched up a canadian engineer and sent to syria and tortured by assad. they finally released him after torturing him saying they had the wrong guy. he wasn't associated with terrorism at all. this happened 26 times out of 125. so i think it's important that in our country we presume innocence. even the worst among us. someone accused of murder we give them a lawyer, trial and jury. so i don't know, i think it's important for those heinous crimes that we don't presume someone is guilty and immediately lynch or kill them. this is a very important part of who we are as a people and i think we were frightened and let go some of the basic principles of american republican. >> jon: back to your questions about c.i.a. surveillance. kellyanne conway said this

morning on fox that it appears that the obama administration or perhaps the f.b.i. was surveilling the trump campaign. and you have questions about that. >> yeah. we've gotten some initial response from gina haspel who says they did not do this. they did not oversee it. she said that they didn't willingly cooperate with british intelligence. we sent her a follow-up question. it is this. does receiving intelligence, does that mean you were cooperating? did you not receive any intelligence? there is a story from "the new yorker" who said the head of british intelligence flew to washington and met with john brennan and gave him information. we would like to know the truth of that matter. if john brennan did that i think he acted illegally and should be punished. >> jon: i know the senate is undertaking preliminary votes

on your proposal to balance the budget in five years. does it have a chance of passing, senator? >> republicans say they are for balancing the budget. today is a litmus test. if your senator has been saying for a balanced budget, they ought to vote for it. we cut one penny out of every dollar. a very modest amount but republicans say they're for it. when people analyze the vote, many republicans will go home to their state and saying they're for balanced budget when an actual budget is presented to them they run for the halls. >> jon: the criticism is that in future years it is much more than a penny per dollar. >> it is -- we spend 3.2 trillion. 1% of that is $32 billion. 32 billion or a little less each year. now initially there is more of a cut because we reinstitute the budget caps that were controlling spending. the first year is more than $30 billion. every year is $32 billion or

less. >> jon: senator rand paul. we'll be watching. thank you very much for your time today. >> thank you. >> jon: we'll be back with an update on the kilauea volcano just ahead. any object. any surface. if you've got a life you gotta swiffer the dual adjustability of the sleep number bed allows each of you to adjust to your ideal level of firmness, comfort and support... your sleep number setting... for your best... sleep... ever. and snoring? does your bed do that? right now during sleep number's semi-annual sale its' the lowest price ever on the queen c4 mattress, only $1099 - save $500.

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>> julie: the volcano in hawaii is still erupting. people need to be ready to evacuate at a moment's notice. we're live in hawaii with the latest. >> a very rainy hawaii. we're waiting and watching as more earthquakes shake the area. there are active fissures adding to the fear that a big eruption could be right around the corner. since this all started two

weeks ago there have been 20 openings in the ground. areas closest to the volcano are under a red alert. the highest alert and the county issued air quality warnings due to sulfur dioxide and ash. dense blocks two feet across were found a few yards away from the summit. there was a large eruption that caused ash plumes to linger thousands of feet in the air and particles were found up to 18 miles away. >> the potential for larger explosions is there still and part of the same process. the lava continues to drain out of that area and so that potential for those water/lava interactions is very much there. >> the hawaii national guard said they're preparing for the big one. the national guard, if anyone is in there and needs to get out they would have to use helicopters to get those stranded to safety. >> in neighborhoods like this

where it is heavily vegetateed we can grab out one or two at a time. we would like people to evacuate if they can because it is dangerous for us. >> if the big eruption were to happen ash up to 20,000 feet in the air and huge boulders would also be sent to the sky. >> julie: jeff paul, thank you so much. >> jon: the trump legal team with a message for special counsel robert mueller as the russia investigation enters its second year. their message and what we learn about the legal options open to mueller when it comes to the president. i've always been about what's next.

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to climb mount everest. he was successful despite losing both legs after getting frost bite in a previous attempt. he climbed to the top of the mountain. shia, from china, made it on his fifth try. 300 people reportedly have tried

to climb everest already this month. >> oh, my god. he lost his legs and did it again. >> yes. >> kudos, incredible. thanks for joining us. >> "outnumbered" starts right now. >> see you tomorrow. >> we begin with the fox news alert, on the one-year anniversary of special counsel robert mueller's russia investigation. president trump calling it, quote, the greatest witch hunt in american history end quote. his attorney says mueller's team has declared it cannot indict the president. adding if they try to subpoena him, they will fight back. this is "outnumbered," i'm harris faulkner. here's today's town hall editor katie pavlich. host of kennedy, kennedy. former spokesperson for the state department, host of benson on the radio, maria harf. i hear they sing. and in the center seat, fox news