birthday. the ugly. remember the scene from christmas vacation? take a look at this. it actually happened in real life. police in england with this van with a gigantic christmas tree on top, police posting the photo to warn drivers of the dangers of holiday driving. don't do that. that wraps up this hour of "fox and friends first". "fox and friends first" continues right now, goodbye. >> the best father a son or daughter can have. hugging robin and holding mom's hand. carley: fox news alert, a look at st. martin the piscopo church in houston where president george hw bush will be laid to rest today. rob: we are live following that

emotional tribute and that moving state funeral. congress delaying donald trump's judicial nominees in an attempt to protect bob mueller. carley: sparks flying on both sides of the aisle. ♪ >> rotten tomatoes. a classic kids show becoming the latest target of the pc police. "fox and friends first" continues right now. ♪ ♪ never would come to me ♪ going wherever it be ♪ running down the drain

♪ rob: i have been to a couple tom petty concerts in my day, fantastic music. one of the great rock and roll legends, you can see ornaments on sixth avenue, they make good pictures. breakfast time in the city, you are watching "fox and friends first". carley: thanks for starting the day with us. let's get to a live look in houston where mourners are paying their respects to george hw bush at st. martin the piscopo church. rob: he will be laid to rest today after an emotional state funeral on wednesday. former president george w. bush choked up, in tears, giving his father's eulogy. rick leventhal is live with the final farewell to bush 41. >> reporter: good morning, a remarkable site, it is 4:00 am

local time and the line nonstop, 7:45 last night, people filing to the church. you can see the line stretching to the street where buses have been dropping these folks off. some have waited up to two hours to get here and get inside this beautiful church a few blocks from the bush family home. they file through, they see the former president lying in repose and go out the other side and go back to a nearby church parking lot. that is the system that has been set up that will continue until 7:00 local time, the funeral service begins at 10:00 local, 11 eastern, it will include performances from the oak ridge boys and reba mcintyre. there will be eulogies. james baker and george p bush, one of the president's grandsons. and the remarkable day in houston.

we were at ellington airfield yesterday when bush 41 returned for the final time to texas oil aboard air force one, special airlift mission 41 in honor of the president. his family on board as well for the arrival ceremony and hundreds of people gathered to watch the jet taxi in and the casket moved into the hearse with an honor guard and 21 gun salute and there would be more of that is the president is eulogized today and will be moved from here to college station where he will be laid to rest, george w. bush spoke eloquently yesterday at the funeral service in washington. here is how he described his final phone call with his father. >> when i was told he had minutes to live i called and said that, i love you, you have been wonderful father. the last word he would ever say on earth were i love you too.

>> reporter: that funeral service in texas will take place later this morning and the burial in college station this afternoon, the bush family says this is a celebration of his life. they are morning but also celebrating a man they call amazing. rob: everybody lost it too. thank you so much. carley: lawmakers will vote on a short-term spending bill to keep the government running another two weeks. they have until tomorrow at midnight to approve a measure, fighting over funding for donald trump's border wall and security. kirstjen neilsen will testify on immigration. rob: lawmakers at a standstill over bill protecting bob mueller from getting fired, dealing votes over the judicial pics as

jeff flake refuses to vote until his measure makes it. carley: a new memo from mueller is sparking more outrage. >> reporter: the senate judiciary committee executive business meeting positive for second week, 2 dozen judiciary nominees on hold as the republican standoff continues over legislation protecting robert mueller. the republican majority owned judiciary committee a split 11-10. if one republican senator defects that will be a problem when it comes to advancing nominees. republican senator jeff flake vowed to vote against the judicial nominees until the senate votes on legislation that protects mister mueller and the russia probe. when asked if the judiciary committee is closer to voting on his nomination senator flake said this yesterday. >> i hope so. we can solve this easily, let's just have a vote.

you can vote against it, vote for it but it deserves a vote. >> reporter: it is a bipartisan bill but an attempt to get it to the floor was blocked by republican senator mike lee who says the legislation is unconstitutional. all this as a court filing by special counsel mueller gets a lot of attention. the filing says donald trump's former national security adviser michael flynn provided enough information to the special counsel's team that he should not spend time in jail. it says substantially cooperated with the russia investigation. they wanted trump associates to plead guilty to the investigation. another one is paul manafort. prosecutors say manafort violated a plea deal. they have until december 7th to submit information related to that. a manafort memo is expected to be made public today.

rob: the desperate search underway for five marines after warplanes collided off the coast of japan. two crewmembers have been rescued so far. one is in stable condition. the condition of the second marine is unknown. this is a fighter jet and refueling plane, looked like things crashing during a routine training exercise like the one you see here. more information as it comes in of course. also a pregnant woman from the migrant caravan has given birth, one day after illegally crossing into the united states. border patrol agents detaining mary elizabeth serrano. her baby boy was born the last -- next day making a us citizen. she says the birth is a reward after traveling from honduras. the family is staying in san diego.

jillian: the ceo of general motors facing another day of growing on capitol hill as thousands of employees are about to be laid off. mary fleming, the job cuts on a changing market. lawmakers from an ohio plant say that is not good enough. >> we bail you out, gave you a tax cut and this is how you pay us back? we deserve better. >> we expect general motors to stand on this workforce, give them a chance. >> explore the option for relocation opportunities for those who lost their job. she will keep an open mind about the plant but is making no promises. potential landmark supreme court case could affect robert mueller's russia probe. the high court will review a double jeopardy loophole allowing state and federal government to prosecute someone for the crime. it could impact paul manafort who pleaded guilty to several charges but potentially face state charges even if he is pardoned by donald trump.

rob: to the weather, a major winter storm dropping snow and ice across the country expected to move from the southern plains to the east coast early next week. carley: flakes already falling in reno, nevada making driving difficult, heavier snow possible for new mexico and the texas panhandle. janice dean is tracking the storm. what should we expect, here we go again. >> another weekend of stormy weather will impact travel and 5 inches of snow across new jersey yesterday, a trough positioned perfectly across new jersey, isolated amounts of 5 inches of snow in a small section of southern new jersey. the weather is fascinated. with her and wind chills, but is what it feels like, all that cold air from canada will travel as far south as texas, the panhandle, they expect icy weather tomorrow into the weekend. we have potential for snow

flurry activity across the great lakes but this is where we are dealing with that energy across portions of california. we have rain, mountain snow and that will make its way across the southern and central plains, not only rain but ice and snow depending on where the cold air is placed, that 32 ° line. future radar shows a snow event in oklahoma through missouri, illinois, winter storm watch is posted in the texas area, texas panhandle to oklahoma and that will stretch eastward. look at the potential for heavy rain across the south and that icy mix over the central us and we could see 6 to 12 inches of snow and look at the mid-atlantic across the appalachians saturday into sunday. travel delays travel delays travel delays. we will keep you posted. carley: beginning to look a lot

like christmas. >> nicely done without piano accompaniment. rob: thank you very much. 11 minutes after the hour. a murder motive revealed. have you heard about this? new details released in the death of an american tourist celebrating her birthday in costa rica. carley: is robert mueller giving us more questions than answers? we want to know where the evidence is of collusion, he joins us next. ♪

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todd: rob: the russia investigation heating up and could come to a close. carley: robert mueller asking for little to no jail time for michael flynn. rob: that leaves responsible collusion unanswered here. here to discuss more is legal fellow at the heritage

foundation hans perkowski. thanks for coming on this morning. a lot of this is perspective. some people say they look at this and the walls are closing around the president, others say where is the collusion? tough to know what to make of this was what do you think? >> we don't know what evidence bob mueller may have, hasn't been disclosed. what we know so far is frankly nothing about any attempted collusion. the flynn plea deal that has been announced had to do with him having lied about the contents of a conversation he had with the russian ambassador after the election. the thing to keep in mind is if he simply told the truth he wouldn't be in court, wouldn't be awaiting a plea deal because having a conversation with the russian ambassador is not illegal or unlawful. we don't know if there's anything else hidden that we haven't found out about.

carley: a lot of analysis says flynn cooperation is bad for team trump but that is assuming that there was collusion. is in sight could point to the fact that nothing happened at all. look at the charges filed against michael flynn, manafort and cohen. manafort and cohen have a lot to worry about. looks like things are not as rosy for paul manafort. carley: a long list. rob: and cohen's has summer between the two. is the most uncertain? it has to be manafort. >> right but it is important to understand all the charges against him, bank fraud, tax evasion etc. had nothing to do with the presidential campaign. it was all for activity years before and on:he pleaded guilty to lying to congress last week

but if he simply told the truth he wouldn't be in court because the underlying conduct, negotiating a real estate deal is perfectly legal and legitimate. there was nothing untoward about that. if he had to be told the truth he wouldn't be in court. rob: one side says why are they lying? the other side says they didn't like the optics of the deals going on with russia at the same time so they are lying -- is the line the worst crime in your opinion? >> so far that is the only crime. going back to the plea deal. remember the special counsel is recommending no jail time. maybe that is because of his cooperation. it might be because mueller didn't want this case going to court because it is reported the two fbi agents who interviewed

him didn't actually think that flynn was lying so mueller may have realized if he had to go to court this case would have fallen apart in court. carley: a lot of the flynn memo was so heavily rejected, there's a lot he doesn't when the american people to know yet. do you think this whole thing is wrapping up anytime soon? >> i would hope so this has been going on for so long but it is important to keep in mind a lot of the sentencing memo was blacked out so we don't know what we don't know and there might be undisclosed evidence that could be a problem. we had not seen anything to date. ainsley: rob: a great op-ed on foxnews.com. carley: urgent warning for parents. you have children's ibuprofen in your cabinet? what you need to know about a new recall.

rob: the war on christmas hitting airways. a number of radio stations turning a cold shoulder on a classic comedy. ♪ baby it's cold outside ♪ and saying, "really?" so capital one is building something completely new. capital one cafes. inviting places with people here to help you, not sell you. and savings and checking accounts with no fees or minimums. because that's how it should be. you can open one from right here or anywhere in 5 minutes. seriously, 5 minutes... this is banking reimagined. what's in your wallet? essential for pine trees, but maybe not for people with rheumatoid arthritis. because there are options. like an "unjection™". xeljanz xr. a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough. xeljanz xr can reduce pain, swelling and further joint damage,

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unstopand it's strengthenedting place, the by xfi pods,gateway. which plug in to extend the wifi even farther, past anything that stands in its way. ...well almost anything. leave no room behind with xfi pods. simple. easy. awesome. click or visit a retail store today. rob: welcome back. the brutal murder of a florida woman celebrating her birthday in costa rica may have been sexually motivated. her body was found outside wrapped in plastic near the air b&b she rented. she was stabbed and hit in the head. a security guard is the one in custody. he worked at the resort despite not having proper immigration paperwork. police are trying to recover security photos.

carley: two people dead in illinois after a semi-going the wrong way slams into a school bus packed with high school girls basketball team. a 72-year-old team volunteer at the truck driver were killed according to local news report, four students injured. this is the second crash this week involving students. on monday a bus carrying a youth football team flipped in arkansas killing a 9-year-old boy. a horrible story there. rob: foxbusiness alert, urgent warning to parents, check cabinets, your baby ibuprofen may be too strong. carley: tracy carrasco with what you need to know. >> reporter: infant ibuprofen sold at several national retailers being voluntarily recalled because it may contain higher level of ibuprofen which could be dangerous to infants.

the medicine was sold under several brands, walmart, cvs and family dollar all included in this recall. the company said there is a remote possibility it could cause kidney issues. very dangerous effects. you might want to check the medicine cabinet if you have any of these brands of ibuprofen. the company has not received reports of any infants getting sick which is good news. carley: marriott on hot water making a passport tax. >> reporter: that hack was exposed last week affecting 500 million people, now says they are going to pay to replace the passport, $110 fee if the person can prove they were impacted in some way, their identity was

stolen. what is troubling is this is difficult because this hack dates back to 2014. that could be difficult for some people to prove they may have been impacted if there passport number was stolen in the data breach. in addition, email addresses, all that in formation compromised. carley: that number is so insanely high i have to check up on that. rob: marriott stock. krispy kreme. 12 for 12. >> next wednesday, december 12, '12/12, krispy kreme have their day of the dozens promotion. you have to buy one dozen of any flavor, any combination and for a dollar you get a second dozen of glazed donuts. here's your chance to be the office hero to make your family happy. rob: 144 for $12.

carley: we will check that in the commercial break. it is 26 minutes after the hour. beto o'rourke, michael bloomberg, kamala harris, that is just the beginning, there could be 30 democrats running for office in 2020. rob: get your yearbook, so many cooks in the kitchen can they find a cohesive message to beat the president? we have that next. ♪ here... or here. kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn.

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>> reporter: treaty resumes in if you are after all major markets were close to honor president bush. expects oil, tech and corporate earnings to be the focus but with the specter of us china trade relations hanging over the market's head, higher monday on the heels of news that donald trump and chinese leader xi jinping had successful trade talks over the weekend the world tuesday after skepticism on how successful those trade talks were. donald trump optimistic about the future of us/china trade tweeting strong signals sent by china once they return from their long trip including stops from argentina. not to sound naïve or anything but i believe president xi jinping meant every word he said at our long and hopefully historic meeting. all subjects discussed, the chinese commerce ministry saying he will implement the agreed-upon plan quickly, writing we are confident about the implementation of consensus from the meeting. in 90 days economic and trade teams will push forward the

consultation following clear schedule and roadmaps. with that is the backdrop our we looking going into today? not good, futures up, way down following news of the arrest of a chinese tech exec for violating sanctions on iran. carley: russia showing off its new laser weapon as tensions rise between the us and kremlin. the russian news agency releasing this new video, military experts believe the weapon is capable of disrupting drones, missiles and aircraft. it comes as the us threatens to pull out of an arms treaty accusing russia of violating its terms, russia says it has done nothing wrong. french president emmanuel macron scrapping his carbon tax after weeks of protest. this is meant to curb global warming but the latest move may not be enough, one protester encouraging other protesters to keep pushing for things like

higher minimum wage. more demonstrations are scheduled for this weekend. recreational marijuana now legal in michigan. the great lakes state is the first in the midwest to legalize pot, anyone over the age of 21, 2.5 ounces of marijuana, can grow up to 12 pot plants. smoking on federal property, driving under the influence is still illegal. >> 3 dozen democrats make up the pull of the presidential candidates from beto o'rourke to michael bloomberg and tom stier. how can so many democrats trying to fight each other come up with one cohesive message to challenge the president in 2020? kaylee mcinerney and andrea rickyoh. who do you think has the best

shot? >> thanks for having me on. we have a diverse group of candidates, democrats are clearly excited about and we are running on messages voters have decided they like. we saw it last month in the general election. folks came out because democrats talk about preexisting condition than protecting people so they can stay on health insurance so we have a good message and good host of candidates and we will have primaries where voters get to decide who will be our candidate for november. rob: a democratic contender leading the pack at this point, joe biden at the top, 76 years old, bernie sanders 77. hillary is up there in the top 3 at 13% and beto at 9%. does this look right to you?

does that look like the right lineup? >> certainly not the right lineup. these contenders fall into two categories, the old establishment elites that were rejected in the form of hillary clinton, joe biden in that category as well and the radical socialists, bernie sanders, cory booker, elizabeth warren, people who want to take us back to the age of the soviet union, china where socialism has failed so no good message, no good candidates. a lot of bad options. we are looking forward to this primary because you will see the field creep left a very far left and difficult to win a general election. rob: when you have this many candidates it will be an outlier that gets the most attention, somebody that makes a lot of noise and probably the furthest left. are you worried about that? >> we have a diverse group of candidates and we are seeing the field shake out. they are talking to their family

deciding they are going to run. beto o'rourke in texas came within shooting distance of ted cruz which no one ever thought was possible. rob: that was a big moment. do you think he is the best qualified to take down the president? >> we will decide in states across the country who is best qualified but if you look at beto specifically, he raised $70 million. he showed his strength to voters across the country. rob: you think he has the best shot? hard to believe job biden will be the man to do it. >> robert francis o'rourke could not win in texas, purple about to go blue, couldn't win there, he couldn't went on the national stage. he can't win a national campaign. joe biden, i don't think he is the man to do it either. a ton of bad choices and up against a president that won for the american people, the economy slowing, rectifying trade relations, we are number one again on the world stage marie

instilled bat pride of being an american, this president is winning and it is difficult for anyone to go against that. rob: robert francis, very karl roveeven of you. we will call him beto o'rourke. 36 after the hour, eyes in the sky, nypd rolling out a high-tech drone program but not everybody on board, some plan on fighting this, joe borelli says these drones are legal and he is here live.

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>> security versus privacy. the nypd unveiling a new drone surveillance program designed to keep citizens safe but not everyone is on board. joining me to discuss whether our security privacy, councilman

joe borelli, thanks for being with us. the nypd unveiled 14 drones they will use for things like in large events to make sure everyone is safe from the sky, hostage situations and things of that nature but the new york city civil liberties union are expressing privacy concerns. >> they are not wrong. we have to balance the difference between privacy, the need to keep people safe. we have a heightened sense of security in new york city. we are always a target, we had multiple terrorist attacks in the last two or three years with these are tools that 900 law enforcement agencies use, la, las vegas, those places, even new york city the fire department uses drone technology so this is not unprecedented but when you are new york city this becomes national news, they are being very specific in instances where they can use it and very specific in instances where they can't.

it will never be used as a weapon or a routine patrol thing, there will not be a fleet of big brother drones following people around all day. they were specific in constructing this policy to meet the standards of the fourth amendment. heather: the new york civil liberties union don't feel they are being specific enough, they believe the new policies fall short of what is needed to balance the legitimate law enforcement needs against privacy interests of new yorkers. so a certain scenario, say there is a drug deal going down and the drone footage catches it while they are filming something else, could the police do anything in that situation? >> a scenario like that would be unlikely but the issue would be the aclu, what people do with that footage, their concern is this archival footage just 24/7 rolling cameras around new york city, we had this debate with the use of police body cameras. the public access etc..

that will work out the same way. the concern people have is on the 20th for apartment there is a police drone covering outside, that's not going to happen. carley: isis threatened new york city with a sniper attack. government that happens. imagine how useful this technology would be in a situation like that. >> we are to use helicopters for overhead surveillance. they are big and cumbersome and expensive and you have to have people manning them. these are extremely small, quick tactical drones that can be used in deployments like this to locate people on rooftops and you can see the need for this. carley: two are bigger drones that are weather resistant and have thermal imaging capabilities. this is pretty neat technology and imagine how that thermal

imaging technology would be in a hostage situation so this could keep police officers safer where they know where a potential shooter could be before they enter a situation. >> there are certain needs the police need to have, to know where people are located in an apartment or house before you go there. this type of thing this type of drone would be used for, larger all weather things and central park, other giant parks around the city, people go missing good, looking for bodies and these devices help the police find people in need faster. >> safety is first, with everybody having cell phones in their pockets you have to live with the assumption your privacy is your own. >> thank you for being with us, very insightful. a roller coaster week for the markets as stock slump amid trade fears was what can we expect? g marks says the economy levels

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mom. ♪ rob: in the next 3 hours newt gingrich will talk about the mueller probe and the legacy of bush 41 and what we know of the flynn filing but the manafort filing later this week. dana lash will be live, judge andrew napolitano will unravel some of that and michelle nelkin live close this story. knowing the name of our show helped retired police officer and army veteran win at jeopardy.

>> with steve, ainsley and brian, fox blank blank. >> what is and friends? carley: the contestant, dave leffler joins us live in an exclusive. back to you guys. todd: we will look forward to that. donald trump praising china for apparently honoring the trade, strong signals sent by china. i believe president xi jinping meant every word of what he said at our long and hopefully historic meeting so if trade opens up again how will it impact the markets? after this roller coaster week. here to weigh in on that is small business advocate jean marx, thanks for coming on this morning. things may be looking better with china. >> i would have said that if we were having a conversation a day

ago but overnight there's been a large scandal developing with global chinese firm and the cfo was arrested in canada wanting to extradite and throw a wrench into it. if you are investing in the market you have a ways to go, but we are going to see more bumps in the market as things that work out. i'm optimistic there will be a trade deal eventually. rob: she is in custody in canada. they want to bring her back for violating the sanctions with iran which is the concern with china that they will violate things with north korea because they don't play by anybody's rules, they really don't care. >> what i think will happen is china could retaliate and could decide to arrest some american executives. it is not a good thing if we are

trying to generate goodwill between the parties. there is a large global telecom company accused of violating the iran trade deal, serious accusations. all that will play into these discussions. dow futures are expected to drop 400 points at the market open, to present. for the individual investor don't get spooked, there will be choppy waters over the next field. things going on in the economy. the fundamentals are there and the market will be strong long-term in 2019 but be aware of events like this. rob: all these trade deals and things the president talks about when america is getting taken advantage of. our whole system is wrapped around all these things already and changing these things means growing pains and things will get worse before they get better which is why no politician ever wanted to touch any of these things. this is politically really tough to do but is it the right thing to do? what the president is trying to

do? >> we represent my firm, 600 small business owners. i'm 53 years old but i never fought in a war before. never sacrificed like generations before me. the president is asking us particularly in the business community maybe we take a hit in 2019, maybe there are things we have to sacrifice, less dollars in profit to get trade deals for a country like china the way it should be for future generations. when i speak to people my age or younger a lot of people are prepared for that. we are not thrilled about it but it is something we are willing to sacrifice in the president has more support. rob: sometimes it gets worse before it gets better, that is part of the deal. let's talk about taxes because everybody loves to pay taxes. the bad news is you have to think about it because we are coming up on the end of the year. we have some tips here, let's start with tips for individuals and bring up that information on

your screen through the pro forma return, max out the retirement plan contribution and put money away in a 5-to-9 plan. >> we have a lot to cover. and have your accountant do a pro forma forecast, a big deal for you and for me, standard deduction doubled this year that might preclude you itemizing your deduction and keep those receipts and it is easier to file. and -- rob: a lot of people are losing their salt deduction. >> a lot of people are but it is a standard deduction and individual rates have fallen significantly for a lot of the middle class.

rob: and small business tips, a tax return in 2018 by capital equipment and use it. what are your tips for the small businessman? >> meet with your accountant and take advantage of the pass-through deduction or change into the status from a c corporation to an s corporation or make some changes that will affect 2019. the big thing you mentioned, buying e government, you don't have to pay for capital equip and purchase, buy it and get financing at relatively low interest rates, put it into service before the end of the year and get up to $1 million deductions with new rules and tax reform. rob: appreciate your time and we will be right back. zicam is completely different. unlike most other cold medicines... ...zicam is clinically proven to shorten colds. i am a zifan for zicam. oral or nasal.

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i can breathe again! ughh! vicks sinex. breathe on. ♪ i really can't stay ♪ baby don't hold out ♪ but it's cold outside. >> the debate over baby it's cold outside heating up in the post me too world. critics claim the christmas classic is problematic when it comes to unwanted sexual advances after one ohio radio station pulls the 1944 song from its airwaves songs are whether they will play it in years to come. rob: pc police busy this week. the christian show veggie tales is dangerous. >> remember, god made you special and he loves you very much. bye. rob: susan submitting this

project to call state san marcos university claiming the popular show humanizes vegetable casting the evil characters as racial minority. carley: time for the the good, the bad, and the ugly. an important life lesson for a little kid kicked off a bulls for bullying. >> it's extremely clear bullying is unacceptable. so today my beautiful daughter is going to walk five miles to school in 36-degree weather. carley: that's some walk. her dad driving behind his daughter during the five mile ohio trek to school. he wanted to hold her accountable for bullying. rob: that's how you do it. good dad there next the bad. intruder breaks into a house through a doggy door. squeezes in through the 10 by 20 opening in the home. woman living there in the bedroom confronting the creep and scaring him off.

carley: los angeles city councilman pushing for mandatory protein vegan options. the devastating wildfires are a sign we have to do more to protect the planet. he believes animal agriculture is one of the most if not the most significant contribution to environmental issues. rob: the cow methane debate. carley: "fox & friends" begins right now. >> through our tears let us know the blessings of knowing and loving you, a great and it noble man. the best father a son or daughter could have. carley: state lawmakers are expected to vote on short-term spending bill to keep the government for running another two weeks. rob: the russia investigation heating up this week and could soon come to a close. >> historians will comment that this was one of the most extraordinary efforts to undo the will of the american people. >> kristin gillibrand tweeting her future for america our future is says gillib