best for last and puts the drama in and the potential government shutdown to the test. as you can see it's the 15, 6 # -- 16, 17, the 21st the final day when the united states government to shut down. that's kind of what we wanted you to know that we're working on. you're welcome, america. fox news continues. >> a day after a texas judge strikes down obamacare, president trump calling on congress to pass a, quote, strong law that provides great health care and protects preexisting conditions. this while democrats vow to appeal the ruling. leland: interior secretary ryan zinke out, joining the growing number of members leaving. and the president announces mick mulvaney will be acting white house chief of staff once john kelly leaves at the end of the year. >> and there's still no deal in congress to fund president

trump's border wall, but the clock is ticking and there are now just six days to go before a possible government shutdown. >> welcome to america's news headquarters in washington today, i'm gillian turner. leland: a cold day in washington d.c. six days until a possible government shutdown. i'm leland vittert. there's fallout from a federal judge's decision declaring obamacare unconstitutional. the deadline coming up to sign up for 2019 coverage. what you see when you go to healthcare.gov. the court decision does not effect this season's open enrollment. this could effect 17 million americans who are part of

obamacare and so many more who have private insurance and lauren blanchard here is break it down for us. >> hi, leland. the law will remain in place for now. despite the ruling, even the white house said they know appeals are coming. here is what happened. the conservative federal judge in texas, reed o'connor ruled the affordable care act invalid when last year's tax bill eliminated the penalty for not having coverage, the-- it knocked out the constitutional foundation and the judge says obamacare cannot be separated from that provision. texas attorney general ken paxton who initiated the lawsuit says the judge did the right thing. >> the taxing power of congress upholded obamacare, now that the tax is taken out with the tax reform bill the taxing power is gone and therefore the individual mandate falls. >> and the president and his administration was quick to cheer the decision and call on congress to pass a replacement. the democratic party, which will

control the house in just under three weeks is calling the judge's decision one of the most dangerous and consequential attacks on the affordable care act ever and likely future speaker of the house, nancy pelosi, is saying if the 20 million americans who gained healths insurance under obama about care lose it it's on the other said, republicans are responsible for this rule decision and the fear they have struck into millions of families across america who are now in danger of losing their health coverage. a fox news poll shows according to americans, 33% of voters approve of the way the trump administration has handled health care while 56% do not. and if the lawsuit makes it to the supreme court, as many think it will, it would be the third time the justices consider fundamental provisions of obamacare, twice before, leland, it has been upheld. leland: and now we have a very, very different court than we did

those two times. lauren blanchard with more throughout the show, including acting members of congress. >> president trump is on twitter this morning as he is many saturdays, he's excited about the obamacare ruling coming out of texas. >> yes, president trump is doing somewhat of a victory lap when it comes to the latest ruling on obamacare, tweeting it's great news for america and something that he, quote, predicted all along. he then went on to tweet, congress must pass a strong law that provides great health care and protects preexisting conditions. mitch and nancy, get it done. but democratic leader nancy pelosi says voters want to keep obamacare and pointed to the elections. there's the fight over the border wall and potential for a partial government shutdown and more staff changes, announcing that the secretary of the interior ryan zinke will leave

his post at the end of the year, travel conflicts and the interior of the inspector general launched an investigation into a real estate deal launched by a foundation set up by zinke and backed by the chairman of one of the oil field service companies. they say that he resigned. and the president says he's accomplished much during his tenure. the top democrat says the swamp will be a little less foul without zinke, it's one of four major shakeups since the midterms. the president announced his chief of staff would leave at the end of the year. budget director mick mulvaney will replace john kelly as chief of staff. the united states ambassador to the united nations nikki haley is leaving. and the president appointed

heather nauert. and attorney general william barr as sessions' placement and it's led to rumors of a white house with powerful coveted jobs that most don't want to take on. and the president pushed back on rumors and the suggestion particularly with the chief of staff position. he tweeted many people wanted that job and added he believes mick mull yvaney will do a good job. >> thank you for breaking that down. leland: with that we bring in g.o.p. financier and fundraiser, dan palmer from the west coast. good to see you. you think about this, zinke out, pruitt out, price out, all, shall we say, under fairly swampy companies. does this make it harder for republicans as they try to push this narrative that the president is the one who's draining the swamp and his

administration is going to be far different than the way so many others have operated? >> i don't think so. i think we live in a world of accelerated change and the white house is certainly not immune to that. the most significant change is the president has grown into the job and has more clarity as to who will be effective carrying his agenda. i can't think of-- maybe there's one example where the replacement wasn't an upgrade from the original holder after position, but in general, this administration continues to move to greater and greater competency piece by piece. i don't buy the narrative at all that this is a case of disarray or making it harder to govern. i don't buy that at all. leland: we were told by the president he was only going to hire the best and brightest. so does he need a do-over on a few of these? >> well, let's look at chief of staff position to begin with. when trump came into office he

was new to government and he was, in fact, just finished a hostile takeover of the republican party winning the nomination and winning the presidency. he was not a dyed in the wool republican and so he hired reince priebus, the rnc chairman as a bridge to the establishment and to unify the party and to wisconsinite paul ryan. largely reince failed in that so he brought in general kelly to calm the waters of the white house and stem the leaks and get the trains through on time and he generally succeeded, but the job of the next white house chief of staff is to prepare this president to enter the 2020 cycle in better shape than he is today and that involves fighting with democratic-led congress. mick mulvaney is highly qualified. i think in each incident the president reached out for the tool he needs. leland: you think about priebus, who, by your admission, was really a failure in what he was brought on in terms of being the

bridge the legislative branch to try and bring in more of the president's agenda. general kelly, for whatever order he brought to the white house, still, in terms of being able to deal with congress and get things like repeal and replace of obamacare passeded, did immigration and border wall funding passed. both of those come up as failures. now mick mulvaney having to deal with a democratic congress that's really hostile when it comes to investigations. >> i agree, but general kelly did bring order and stem the leaks and they were able to get the tax deal done and a couple of judges confirmed to the supreme court. so they did get some things done, but this is entirely different regime now. you know, kelly was presiding over a single party control of government and trying to unify the government. now it's combat, combat with the house led by pelosi, they're going to be investigating and trying to keep the focus on a series of what really amount to political mistakes, not legal

jeopardy, and try to sully the president with all that. and i think certainly capable in fighting that fight. leland: talk to your friends, fellow fundraisers, donors, what is their big concern about the next two years? if president trump and mick mulvaney can't do blank, we lose in 2020, speaking as a donor. what is the blank? >> i think the issue really is to what extent will this-- these investigations, whether they're conducted in the house or through mueller, what will ultimately shake out? is there some criminality that really touches the president? so far we've seen that people like, you know, the ones who have been indicted and so forth, those are crimes unrelated, generally, to the president. certainly, they've been brought against these parties to add pressure to them to testify, to try to box in the president, but so long as he stays free of

actual criminal culpablculpabil can get back on his vision for free market driven, freedom of choice health care. these resonate with the public and i think he'll meet with some success. leland: as we heard from lauren blanchard, obamacare is more more popular in the polls than the president himself. dan palmer, thank you for getting up early. gillian. >> our top story, a ruling out of a judge in texas, ruling over the health care legislation. enrollment numbers have dropped without the legislation here are the numbers. 4,678,000 people behind up on health care on healthcare.gov last year. the numbers this year are down

nearly 12%. as we head into next year and in light of this court ruling, what exactly does that mean? health care expert president of gdp advisor here to break it down. set, we know that the donald trump administration have not exactly been fans of the obamacare bill. does that have a lot to do with these numbers being down or is it because as unemployment has dropped. more folks are getting their health care through their employers? >> there are a number of things i think that are impacting this. no doubt those that support the president and opposed to the affordable care act in general are not likely enrolling, in large part because there's more options now. the president has come out and expanded short-term health plans and association health plans. as you alluded to, the economy is up. when the economy is up people have jobs and many americans have health care through their employers. in addition about 81% of those who access the individual marketplace under aca are doing through a federal subsidy.

when the market is up and joblessness are down and make more money and those people may not qualify for a subsidy any longer. >>set, what about the confusion that some of this ultimately going to see in the industry, health care industry, in the market for consumers? what are your predictions about the impact this has? the trump administration is trying to minimize things by saying, you know, open enrollment is not changing, we're sticking to the timetable, but you can't try and tell me anyhow that people are not going to be confused? >> no question there's confusion. there was confusion throughout the year and we didn't understand what congress was going to do, what funding was going to be there. confusion has been at the entire story of the past 12 months. that said, the benefit of this announcement from the judge in texas today is that it's coming out on the last day of open enrollment. many people have already enrolled and a lot of those policies out there auto enroll. and once they don't do anything,

they'll be automatically enrolled in what they had last year. as we progress and move forward it will be imperatively important for the health and human services and the white house going to be clear, how it impacts those to health care in the marketplace, but those without preexisting conditions as well. >> you've got the president tweeting obamacare is unconstitutional and i knew it all along and so many republicans are dancing on this judge's decision. and the administration says, no, no, no, everything is continuing up as normal, and we had the message don't worry, we still have open enrollment. is it a fact if you blow up aca, obamacare without a replacement you'll have 17 million people affected in this bill that's more popular than the president suddenly goes down, admission by the republicans that right now at least they don't have a solution for it?

>> yeah, you know, i feel like this is a movie i've seen the ending to before, right? i mean we have now had multiple rulings that end up in the supreme court. he think the white house recognizes this, from a political perspective and optics perspective let's not quickly throw out 17 million americans directly and those indirectly impacted by the elimination of preexisting conditions. we need to stay on message and reassure the american public that their health care is going to remain stable. >> this will be the third time it's before this, you know the nation's highest court. so, i mean, it stands to reason that lots of americans, some of the 17 million you point out are going to feel like this issue has been legislated, weighed on through the court system. what's still-- why is this still going on? >> well, listen, those that oppose this law and and have from the beginning are trying to

dismantle it anyway possible. congress failed to do it and they'll continue to press much the challenge we have the makeup of the supreme court, while we have two new justices. the swing vote on this was justice roberts. the i think this that was not discussed, the penalty reduced to zero, the penalties and mandate is very much the law of the land. constitutionally, i don't believe this changes anything. leland: as you pointed out, it's a different court. jn roberts being the swing vote. you have to wonder in chambers if neil gorsuch and brett kavanaugh would have different arguments when it gets there. appreciate your time. thank you. >> thank you. leland: coming up, president trump's former national security advisor mike flynn awaiting his sentencing next week for lying to the fbi. why special counsel mueller and his time are pushing back at flynn's lawyers. plus, colorado mom chelsea barrett has been missing since

thanksgiving. police say her fiance was the last person to see her face-to-face. why he won't talk to investigators. and we'll get the latest at the border on the repeated attempts of central american migrants to enter into the united states, while washington debates the funding for president trump's wall. is it worth a shutdown? >> chuck and i are not in any negotiations. we're not going for the $5 billion for the wall. the best simple salad ever? heart-healthy california walnuts. the best simple pasta ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts.

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show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. >> well, president trump has made no secret about what he thinks about the mueller investigation. today no different. the tweet this morning, wow, 19,000 texts between lisa paige aj her lover peter and the fbi reported as wiped clean and gone. such a big story that will never be covered by the fake news witch hunt. exclamation point. and this comes ahead of the sentencing of michael flynn. garrett tenney with us there and the president's reaction to it. >> hey, leland. the whole reason we have the documents now because michael

flynn's team accused the fbi urged him not to bring an attorney with him to the interview with him. >> and newly released documents confirmed those claims. the meeting was arranged by andrew mccabe. and he wrote he told flynn he wanted, quote, to have two of my agents interview him as quickly, quietly and discretely as possible and further stated if general flynn wished to include anyone in the meeting like the white house counsel, for instance, that i would need to involve the department of justice. flynn then agreed to meet with the agents alone. mueller's team argues that the fbi did nothing wrong and that nobody forced flynn to lie on multiple occasions to agents and members. administration about his contact with russia's ambassador writing, quote, a sitting national security advisor, former head of an intelligence agency, retired lieutenant general and 33 year veteran of

the armed forces knows he should not lie to federal agents. the defendant was undoubtedly aware that lying to the fbi carries serious consequences. but alan dershowitz says it's a tactic that every american should be aware of. if you're going to commit a crime, but the fbi shouldn't tell you not to have counsel and hope maybe you'll commit a crime to get to squeeze you so you can swing or compose. and that's not way that the american should operate and every american should be concerned about this. >> flynn is expected to be sentenced on tuesday, but that could be delayed. the special counsel's office has recommended no jail time due to his cooperation with their investigation. leland: after the sentencing, we'll see what the president

decides to do on this case. garrett, thank you. gillian has a lot more. gillian: the deputy assistant for policy and former senior counsel to the kenneth starr investigation, paul, thanks so much. you are the perfect guest for us to have object set this weekend, so thanks for your time. >> thanks for having me. gillian: so the first question here, we keep hearing this week this drum beat of mueller's coming to a close, mueller is bringing this investigation to the finish line, due to the sentencing, and the memos this week. do you share that few of the tea leaves? >> i think it's an inference, but premature. i think mr. mueller is seeking the testimony of roger stone and corsi and those may open up avenues between russia and trump campaign. i think it's fair to say he's

closer to the end than the beginning, but-- >> not fair to hold you to the spot. but if you had to bet, weeks out omonths out? >> middle of next year. that's a guess. gillian: what about, so it seems with the latest rulings, the latest sentencing memos coming out this week, judges are going kind of all in in terms of how seriously they're treating the crimes. now, with michael cohen getting three years, he could have gotten up to maybe six, but it's a significant amount of time. what do you take from that? >> i think that's right. irrespective of whether or not president trump was ever implicated in criminality, the mueller investigation has scored a large number of successes involving manafort, for example, and then the southern district of new york's investigation of michael cohen has produced a fairly significant sentence for jail time. so there's a seriousness of

criminality that undergurds some of this. do you think that the president's team is doing a good job? how would you grade them? >> i think they're doing, keeping the president from the people's orbit who have gotten into trouble. it's hard to distance yourself from your former national security advisor and campaign manager. gillian: a former decades long attorney. >> and a former decades long attorney, you don't want to be in the same bucket as them and the same is to minimize their influence, and importance. gillian: is it an effective strategy? you're sounding like maybe not, but the best option for nem? >> to be seen whether or not it's an effective strategy in court. it's an effective strategy with the president's supporters and the public, right? in the end i don't think it goes nearly as the president's defense lawyers would like to, with the judges and prosecutor's office. it's know the credible to say i

didn't know what manafort was doing. gillian: have you seen other investigations of sitting pri n presidents that looked like this? were there spin-off investigations that president trump-- or his associations are facing criminal investigations in new york? >> there's a difference. in the independent counsel, when i was there, all of them went into a single bucket. ken starr's investigation went from whitewater to monica lewinksy. and this when they find michael cohen and the finance they spin it off. gillian: you're saying the investigation is fairly contained. president's supporters have been saying all along it's spinning out of control. why are they looking at the president's finances, that's out of bounds. so you don't buy that? >> the president's finances are investigated not by mr. mueller,

but by the southern district ever new york at least as far as we can tell from the outside. the mueller's investigation circumscribed by the investigation and outside of that is paul manafort, and-- >> how so? >> well, manafort's assistance to the-- and money laundering involving the ukrainians was really not that closely connected to the russia investigation. i think he was a target who came across their screen early on and it's pretty hard for a prosecutor to ignore $73 million worth of alleged fraud. so they might have spun that off, but because manafort so was so totally tied to the trump campaign i think for bringing had i am in they might get more value for the investigation. gillian: we'll check back with you soon. be sure to catch fox news sunday tomorrow, chris wallace talks to

president trump's attorney rudy guiliani. check the local listings for time and channel. and tomorrow, media buzz, howie kirtz will break down over the mueller probe. who got it right and what is spin? >> out to colorado, the fiance of a missing colorado mom won't speak to police. what they want to ask him. and house members from both sides of the aisle on a judge's ruling to declare obamacare unconstitutional. what it means in the government shutdown fight. ...i just got my ancestrydna results: 74% italian. ...and i found out that i'm from the big toe of that sexy italian boot! so this holiday season it's ancestrydna per tutti! order your kit now at ancestry.com but he has plans today.ain. hey dad.

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>> welcome back. we are learning more about what a judge declaring obamacare unconstitutional means to you and your family. this, as democrats and republicans in congress

shockingly point fingers at each other. district judge reed o'connor ruled yesterday that obamacare is unconstitutional because congress got rid of the health penalty in the new tax plan. the president tweeting as i predicted all along, obamacare has been struck down, a constitutional disaster and now congress must have a strong law that provides great health care and protects preexisting conditions. mitch and nancy get it done. nancy pelosi saying in a statement when democrats take over in january, house representatives will move to swiftly intervene in the appeals process to upholds life saving preexisting conditions. and this comes right before the end of open enrollment. it will not be impacted by the

ruling and it will remain in force during all of the appeals. gillian: joining us now with more on this ruling is congresswoman ellyse stefanik, she is for a couple of weeks anyway, still the youngest members until the new congress comes in. time marches on and congratulations to the new young members. congresswoman, what's your reaction to this ruling out of texas about obamacare? >> so my reaction is we know the affordable care act was failing, this was passed on a party line vote. it failed in my district. prices continue to go up and i believe it's an opportunity in the next congress to put forth better health care and focus on lowering prices and expanding access and quality. we do not need to move towards a more government-run health care system and i think we should give people greater options and protect those with preexisting conditions as part of that package. gillian: it sounds like you're not totally in line with

president trump's plan. take a look at the recent fox news polling we got this week, it tells us that 33% of americans who were polled are supportive of the way the president's handling health care, but 56% disapprove. it's quite a wide margin. where do you suspect the gap is here, and what is-- even republicans that aren't supporting the president tack on this. >> i think we need to do better when it comes to health care. i was disappointed we were not able to pass through the house and senate a replacement package. obviously, that failed in the senate. the house did their work and passed that. in the new congress, we need to make that a priority. people are continuing to continue to see their prices go up and limited when it comes to their choices. i'm proud to have authored the largest fix to to the affordable care act, repeal of the auto enroll mandate and forced people

to go on. and i agree with the president saying that this is an opportunity for the next speaker and mitch mcconnell to step up and get it done on a bipartisan basis. gillian: i want to make sure we get everything in here. one last quick question on health care, is there a sense among your colleagues of disappointment now they weren't able to get repeal and/or replace done and now a judge steps in to legislate on health care which should be the prerogative of the congress? >> of course there was disappointment that we were not able to get the replacement package through the senate. i think it was a learning experience for our colleagues and i think our voters want to see better health care, which is why that replacement package is going to be so important in the next congress. i think that's why you see such high disapproval numbers because people need better health care. and we've seen how the aca continues to fail. gillian: switching tacts now to foreign policy. your colleagues in the senate passed this resolution this week sort of condemning saudi

arabia's role in the yemen. and because you're on the armed services committee, are you going to vote in favor with the same type measure. >> one resolution that the senate passed is condemning crown prince mohammed bin salman's role in the killing of khashoggi. >> i agree with that and our security needs in the middle east. keep in mind when it comes to yemen we need to counter iran in the arabian peninsula. i chaired the emerging threats submarine committee focused on our counterterrorism and those alliances with gulf states are incredibly important. so i think in the next congress you will see the house armed services committee continue to ask questions, continue to make sure that we are standing up for our national security, to make sure that al-qaeda in the arabian peninsula, for example, doesn't continue to grow, but,

obviously, when it comes to the human rights violations we need to hold the saudi regime responsible for that. gillian: it's important to have female voice ins national security and something you've been working on for a while. is working to help women's voices to capitol hill, on the staff side, the political side, the xap side. -- campaign side. tell us about the latest initiative, i think the viewers will find it interesting. >> we now only have 13 republican women in the house. gillian: that's abysmal. >> that's a very, very low number. we lost truly amazing lead e, mia love and me me wa -- mimi walters. i won in 2014 and i was proud to be the youngest woman elected to congress. i want to help ensure that we're empowering and elevating republican women's voices that's more reflective of the public and reflective of republican

voters. gillian: congresswoman thanks for your time today. we loved having you and we'll have you back soon. >> thank you. we'll get reaction from a democratic congressman about the obamacare ruling. leland: and police focus new attention on the fiance of a colorado mother missing since thanksgiving as they refuse to give up hope on finding her. . >> do i think kelsey is still alive? that's certainly a possibility and that's our hope.

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>> a judge's ruling declaring obamacare unconstitutional will have major implications in this week's budget fight. we are now six days away from a shutdown with the president demanding more money for the border wall. and joining us democratic

congressman, good to see you. >> good to see you. leland: start with the ruling out of texas. there's a huge reaction from both sides of the aisle. does it really change anything? >> well, we should remember, this is a court decision from a district court judge who leaves in place the affordable care act, but makes a declaration it's unconstitutional. obviously if this ruling were permit today stand 17 million americans would lose their health insurance and 133 million who have coverage for preexisting conditions would lose it, and children that are 26 years old on their parents' place. that's not to say it's worked perfectly. we have ideas to make it work better and build upon it. leland: let's talk-- >> taking it away completely is a mistake. leland: let's talk about it politically for democrats. democrats won back the house

running basically on health care. does this provide democrats headed into the next two years and towards november 2020 with a new talking point and a new argument? >> well, i think it's more than a talking point or argument. what we understood from the midterm election, people are concerned about their health care, they want to make sure they can continue to access it, to work together to drive down the cost of health care, they especially want us to make sure we're working to drive down the cost of prescription drugs and protect preexisting condition coverage. we have ideas to do all of that in our democratic work plan. this will elevate the importance of it because this is a decision which the aca in its entirely. leland: if you look specifically at approval numbers for how president trump handles health care, he's way underwater there. how do democrats exploit that in one way or another? you're going to have to work with him in one way or another

getting anything done on health care, how do you exploit it? >> it's not really a question of exploiting it. leland: come on, this is politics. >> yeah, but we want to get stuff done for the american people. look, the president put forward trump care and would have had 38 million people losing health care. they've sabotaged the affordable health care act and that the people know-- >> the president just tweeted this morning, time to replace it with something that protects preexisting conditions. you don't take the tweet-- >> when he proposed something to replace it it didn't protect preexisting conditions. and people are smarter than that watching what he's doing. 's trying to undo the an i affordable care act. we're going to protect the affordable care act and

strengthen it and preexisting conditions and drive down the costs rather than exploiting. leland: i'm sorry, you have only have-- >> let's get things down for the american people. leland: one thing the president does want to get done is a wall. he says he's willing to shut down the government over it. is that something the president should stand by? nancy pelosi says she is she and chuck schumer are not negotiating over the five billion he wants. >> the republicans will decide whether, they control the house and senate. we added 1.2 billion last time that money hasn't been spent yet. the idea of shutting down the government for costly ineffective wall makes no sense. i hope the president comes to his senses. leland: well, we appreciate the perspective. >> don't count on that. leland: we appreciate the perspective. good to see you, sir, thank you. >> thanks for having me.

leland: as always. gillian. gillian: coming up, a truck exploding in a los angeles neighborhood. a terrifying moment for residents there. as a fitness junkie, i customize everything - bike, wheels, saddle. that's why i switched to liberty mutual. they customized my insurance, so i only pay for what i need. i insured my car, and my bike. my calves are custom too, but i can't insure those... which is a crying shame. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

>> there's the explosion and california police want to know what caused it. what exploded was a box truck, a delivery truck you might say. the truck was destroyed, debris went everywhere. police had to evacuate a nearby gas station as a precaution. that's the aerial view there. not much left of the truck. police say it was likely an accident and may have been caused by a propane tank inside. gillian: and now, a new development in the search for a missing colorado mother, that's kelsey berreth. authorities say her disappearance is suspicious and they've got a search warrant for her fiance's home. >> we're learning the fiance of missing colorado mom has not spoken directly with investigators. police are executing a search warrant in the home of pat frazee. he's only communicating to them

through his lawyer. >> we are asking patrick to sit down with investigators since he's the last person to talk with kelsey face-to-face based on our investigation. there have been numerous questions about whether patrick is a suspect or a person of interest. at this point we are considering every possibility and i'm not willing to jump to conclusions or label people involved in this highly complex investigation. >> she was last seen publicly entering a grocery store in woodland park, colorado on thanksgiving november 22nd. her fiance said he say saw her when they met to pick up their daughter. ap her mom reported her missing december 2nd and her phone was last pinged november 26th hundreds of miles away in idaho. >> it's been 23 days since kelsey was last seen. our investigators believe that kelsey's disappearance is more

suspicious and she's not avoiding efforts to find her. our effort is focusing on finding kelsey. >> and he continues to cooperate with law enforcement and frazee was not asked to participate in the search of his home. his daughter is still in frazee's custody and when asked they said there's no reason to take her away at this point. gillian: and a little bone chilling. thanks for the report. leland. leland: more changes in the trump administration, including secretary ryan zinke out. mick mulvaney in and ellison is at the white house. >> there have been four major staff changes since the midterm elections. we'll break down all of those in just a minute. h zicam. zicam is completely different. unlike most other cold medicines...

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house. the federal judge rules it unconstitutional. and what that means for you and your family. >> with just days to go before a possible shutdown. they appear to be no closer to fund the border wall. >> just in the past couple of hours interior secretary is going to a department at the end of the year. this comes as president trump announces that office of management and budget director will become the acting chief of staff in the new year. allison barber on the north lawn of the white house. news about zinke is not exactly a shock but surprise and the timing perhaps.

>> he has have a lot of different questions surrounding ethical issues. he has been the subject of a number of federal investigations related to his travel have pits. he reportedly resigned from the post the president said that he accomplished much during his tenure. the swamp will be a little less foul without him. he announced this morning that is zinke well leave his post at the end of the year and the trumpet ministration will be announcing the new secretary of the interior next week. the departure is one of four major shakeups since the november midterm. last week the president announced his chief of staff would leap at the end of the year. mick mulvaney well replace john kelly is acting chief of staff. nikki haley is also losing -- leaving her job. attorney general jeff sessions resigned in early november at the president's request. he later announced his plan to

nominate the former attorney general he is also celebrating this morning that recent ruling. he said it is a win for america and also tweeted as i predicted all along has been struck down as unconstitutional a disaster now they must pass the strong law. protects pre-existing conditions. voters want to keep obamacare. they had evidence of that. so many who one in the house they ran their campaigns and a large part of the platform and the issue of healthcare. they were going to preserve it. allison, thank you. the longer to do list for congress. we have more. when interviewing the former national security advisor eiko flynn. they have the latest.

his attorneys argued that he was coerced into light when he spoke to the fbi in january of 2017 newly released court documents show that then deputy director urged him not to bring an attorney to an interview with agents. he wanted to have two of my agents interview him as quickly and quietly as possible. i further stated that if he wished to include anyone else in the meeting like the white house counsel for instance that i would need to involve the department of justice. he then agreed to move -- agreed to meet with the agents alone. the fbi intentionally chose not to tell him that it's a crime to lie to the fbi. the bureau did nothing wrong and that nobody forced him to lie on multiple occasions. as well as members of the administration about his contacts.

i'm 33-year-old veteran of the armed forces knows he should not lie to federal agents. but critics including the harvard law professor said that his case highlights some of the unsavory tactics the special counsel is using in its investigation. >> what he was saying is what he is doing is trying to find low hanging fruit and figure out every way to get them to commit a crime and then squeeze them so that they will sing or compose welcome to the special counsel. they have recommended that he served no jail time. he is scheduled to be sentenced on tuesday but it's possible with the new filings that the judge could delay the hearing. >> think you for that.

more on that in a minute. in the meantime back to fallout from a federal judge's decision. leland: in the short term it's not as much as you might think. >> a judge may have ruled unconstitutional but they will remain in place for now. they can continue to enroll today. it's a deadline because even the white house has said they know appeals are coming. let's break this decision down. a conservative federal judge in texas ruled the affordable care act invalid because he said when last year's tax bill eliminated the penalty for not having coverage and knocked out the constitutional foundation and the judge said they cannot be separated from that provision the judge did the right thing. it upholds all of that. now that the penalty was taken out by congress at the end of last year and the tax reform bill and the individual

mandate falls. the president and his administration were quick to cheer the decision and call on congress to pass a replacement. a fox news poll shows that according to americans 33 percent of voters approve of the way that they have handled healthcare while 56% do not. the democratic party which will control the house in just under three weeks is calling the judges decision one of the most dangerous and consequential attacks on the affordable care act ever. and likely future speaker of the house same if the 20 million that they had gained health insurance. if they lose it it's on the other side. republicans are fully responsible for this crew -- cruel decision. the struck that they -- the fear that they have struck. soon to be minority leader evan mccarthy saying when they tried to offer an alternative democrats didn't lift a finger to fix this problem putting

politics over people. it is a lawsuit that if it makes it to the supreme court it would be the third time they consider the fundamental provisions. twice before it has been upheld. and now such a very different court if he gets all the way there. lauren, thank you. for more on this ruling i want to bring in the california congressman. in the house budget member. thank you so much for your time. what is your reaction to nancy pelosi there. this is just a version of the american people. she sold obama care with the promise if you like your plan you can keep your plan. it was going to open up a wide range of choices for consumers. it was going to save us thousands and thousands of

dollars per family off of her health care cost. instead it did exactly the opposite. people have no choice but to take a one-size-fits-all plan. congress failed to repeal and that. a district court that judge is now doing the job. that they should have done for the american people. the original case that they held. they have absolutely no authority except if it is enforced with the tax rather than a fine. and it's okay. that is a distinction without a difference.

what it says is even though they have no authority to mandate people to do things like this as long as it loses -- uses the tax. you have to pay the penalty before you even get to court. if this gets it back up to the supreme court and causes john roberts to review his very bad reasoning. that would be a very good thing for the constitution for the american people and the health care. this goes to the supreme court again. the plan was outlined many years ago. unfortunately we failed to enact it. it provided for the widest range of choices available.

in a basic plan was in the reach of every family. and we provided a provision for the risk insurance fund to support those had pre-existing conditions. i'd be remiss if i didn't ask you about the pending government shutdown. he wants to shut down the government if he doesn't get the funding for his wall can you explain to us why this is something that the president supports. it seems obvious that the only way to guarantee he doesn't get additional funding is if the government shuts down. >> the president doesn't shut down the government. but he can certainly do that. otherwise, right now a dollar doesn't get spent by this government.

that is in the congresses court right now. the house passed several bills. over the years to authorize the construction of the wall. when you look at the mass of illegal immigrants. there came to at the southern border right now. by mob action. you realize how important a wall is not just to protect law enforcement that are putting their lives on the line. but also to protect the lawbreakers whose actions would otherwise force it. >> isn't the department of homeland security one of the agencies that would be negatively impacted by government shutdown? >> not much because those are considered essential services and those will continue.

in fact about three force of the federal government will be funded throughout this so-called shutdown if it occurs. the effects would be limited. the necessity of constructing the border while alt to all to be clear to everybody who is watching essentially wide open borders which if that's the case we are no longer a country we are just a vast territory between mexico and canada both of which by the wife had borders and immigration laws is that they enforce. we will talk to you again soon. the democrats will try to protect the obama care bill. and how the death of the 7-year-old migrate girl reach across america will make sure that those cemeteries are not alone for christmas.

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leland: negotiations continue throughout the weekend. the democrats digging in their heels over funding president trumps border while or not funding as it were. we are joint life are you guys going to get home for christmas. >> i started ordering food i think this president would not mind saying he kept congress in for christmas. our democrats okay with that. in a way. >> we can't ever be so desperate that we would vote for a bad bill. on top of that when you say that negotiations are continuing this weekend. that's part of the problem. the negotiations are continuing. there are discussions. of all of the government spending.

$3billion is a literal drop in the bucket when it comes to government spending. is it more about the principle of trying to stick it to president trump on border while spending. i'm really tired of this. $3billion over building a wall. let me say this. if we would expand it and talk about other things. i don't think compromise is a dirty word but we need to be talking about comprehensive immigration reform. what we also need to be talking about is how do we really keep the border safe. we need to be using drones, we need to be using biometrics. we need to be doing all of that. and no one should ever want to shut the government down. that is not responsible thing to do. were any more uncertainty to

too many people. it seems like the democrats we are not negotiating on the $5 billion. when i can give president trump the $5 million. but that is worth shutting the government down. we need to have a broader conversation. we need to talk about how we keep our nation safe. the conversation we are having for six days right now seems to be centering around that. i'm also gonna say present trump i get it. mexico is can a pay for the wall. i do want two-point out to you. what happened to mexico paying for that wall. i think they answered with the new trade deal because it's a better trade deal. that it equates to mexico paying for the wall. i know it's one of the people

that i'm hoping would be one of the supporters of this. and i want to stop u.s. production going to mexico. when they are taking the laser there. i'm not sure it's a good deal for us either. this is something that the president ran on. he talked about immigration. and people there want a border wall. i would've told you that present trump could win michigan. i don't think it was as much immigration. we had families that are being torn apart in michigan. michigan has a community that has been built we are a diverse culture. he wanted michigan because of

trade. michigan got hurt by bad trade deals. if he came to michigan and talk about it. democrats didn't. you had been willing to be critical of leadership in your own party is the path that they're taking which is trying to lay down redlines on things and try to force this issue when it comes to border wall. and you just saw nancy pelosi talk about it. is that a mistake? >> i don't think she knew the red line. you have the soundbite. the president wanted to have that. she said mister president we really want to do this.

we need to keep the nation safe. we need to be having a discussion about how we keep it safe. we have the broader discussion of what that means. you don't just take it down to that. the broader discussions in washington our harder to have these days. but we can't give up. i will work with them to have the proper discussions. and you might be here next weekend. >> if i am i will be here. gillian: a 7-year-old girl died while she was in u.s. custody and appeared to be in good health when she was first detained along of remote stress --dash make a stretch. it is raising new questions about border control treatment

of migrant children. we are joint alive for those details. >> good morning that little girl's father signed a waiver saying that he and his daughter were healthy and did not need medical attention. they were detained but yes -- less than 40 hours later she was gone. just seven years old from guatemala. her journey started 2000 miles away i came to a halt in new mexico around 915. according to border patrol a bus came to pick up some of the 163 people detained they did not make it onto the first bus which was carrying unaccompanied children. by the time the second one came back jaclyn was sick. she reached it she was not breathing. they have revived her twice. and called for a medical helicopter. border patrol agents drove her father to the hospital four hours away. she was in the emergency room she have brain swelling and liver failure and died after midnight on the eighth.

>> its heart wrenching. my heart goes out for the family. at all of those. this is just a very sad example of the dangers of this journey. they chose to cross illegally. what happened here is they were 90 miles away from where we can process them. see mac border patrol said it took a couple of trips to get all of the migrants through. while they gave immediate care that journey is very dangerous. they are calling for a full investigation into how she was treated also saying they failed to notify congress about the data in a timely manner. >> you do not travel 2000 miles with your seven year old child. and to take advantage of another country. members of congress said in a letter. that the girl died of a septic shock.

whether she was given any food or water over the eight and half hours that she was in border patrol custody. thank you for being with us. you are uniquely qualified to talk about this issue. the death of a young woman. where does the buck stop. is it with border patrol or her family. >> is a combination of all of the above. i believe that they were responsible. i think they did everything they could once the child arrived on the border. were talking about months walking. she was seven years old. she died of septic shock. i'm sure she developed that throughout the journey.

it goes to show you what i've been saying to the white house that it's time for this administration to call for an emergency summit meeting with honduras and el salvador and guatemala and talk to those presidents and ask. they can keep those presidents. he has a solution and it's the wall. >> the wall is a solution for those people that are planning to come in illegally to do so. i agree with the present. we need to establish order in for the first time in 30 years. they have sent the message into the democrats into the nation that he is taking this problem seriously. previous administrations i try to implement and enforce the laws that were on the book but

they did not dare for what is present trump experiencing right now. which is condemnation saying that is racist. i believe he is not. and a problem that is not only the wall. were talking about building the wall but also taking care of the people that are inside already. they have not committed any crimes that have been here in this country for more than ten years. i'm talking about the cleaning lady and the people that are picking up the tomatoes in southern california. >> you are supportive of the wall. as the wall in the power of the wall in its ability to keep people out is it so tall and long that nobody will dare try to cross the wall or is it more the power of deterrence that having the wall in place will deter families like the

parents of this young 7-year-old from trying to come here illegally in the first place. >> i think everything is interwoven. you are sending the message to those people that want to come in illegally that they will not be able to. and then the wall needs to have a very big gate. because the economy needs people like the father of that child or somebody else that is trying to come in. the economy needs people to do the job that other americans are not doing. they are going to be demanding that labor force that they need. twenty years from now we are going to be needing 35 percent of the labor force and it needs to come from immigrants and not from american born natives. it's a combination of many things. at the same time the wall as a project is a project that was presented 12 years ago and senator schumer and obama they

all voted for the same tall structure presenting illegals coming in and drugs coming in. there is no difference to what we are discussing right now. the president is asking for $5 billion of u.s. taxpayer money. we will have to leave it there. chaos in paris as the city faces the fifth weekend in a row of violent antigovernment protest. we will bring you the latest from the french capital. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? our mission is to provide complete,

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that the affordable care act is unconstitutional. know noteworthy though that when you go to sign up for obamacare it said it doesn't matter in the white house basically it saying the same thing. in it's been a stay in effect until the appeals on this. it does bring up the authority issue. a lot of the parts are really popular even if they ran over and over on the issue of repealing it. >> the fact of the matter is there are sensible ways to address all of that as well. let's talk about the pre-existing conditions. these are two different things. but here in pennsylvania if you are a poor driver you are putting into a pool that every company has to participate in and you do get insurance but you pay more.

i'm not suggesting that for healthcare but what i've said all along is we could have the same sort of thing where each health care company participates in a pool that takes care of people with pre-existing conditions and yes they pay for their insurance is not free. >> all of these sensible ideas that you've talked about there has certainly been a lot of ideas tossed out. you have a republican house and republican senate they had been running on repeal and replace obama care since it passed and yet still can do anything and get it done. the problem with it is we set our costs skyrocket. and it's not a figment of our imagination. not only did the cost go up.

to go up. on the monthly basis. it got skyhigh. you divide those by 12 and you see that the premiums really did go through the roof. a cost me in excess of $500. it's basically the same test i'm told. i know that there are people who like you that watch these interviews. but on that note. something somewhere in terms similar in terms of messaging for the republicans if you say this and it's true. the present trump's handling he is below water. but when it comes to healthcare only 33% approve of president trump's the present trump's handling of healthcare

and we know that it is above water. where is the disconnect from where you talked about. in the dislike and the problems with healthcare. from the numbers that we just saw. we know what it's done to us. it could be done so much more efficiently and we could get that done. >> but why are they blaming president trump for that. his approval rating is only 33% when it comes to this. and well over half of americans approve of obamacare. >> i believe they don't have a solid plan. then when it was time to do something about it there's

nothing. when people are calling in some of whom have the same issues that you talked about in terms of cost of their health care whether it be for them or their kids do then they extravagantly that out. the next step in that there can hold republicans responsible for this. at the ballot box in 2020. we didn't see that here in my area pennsylvania because we are truly one of the most conservative areas in america here in central pa it's central pa it's pretty rocksolid there behind congress it's good to see you as always. stay warm up there.

i know winter is upon you. >> it's great to be here. amid the protest. it has been has been going on for five weeks now. live on the ground there. covering the situation. a little bit less than we sought last saturday we will tell you tie what it looks like next. managing my type 2 diabetes wasn't my top priority.

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once i started looking for it was a no-brainer. i switched to geico and saved hundreds. that's a win. but it's not the only reason i switched. the geico app makes it easy to manage my policy. i can pay my bill, add a new driver, or even file a claim. woo, hey now! that's a win-win. thank you! switch to geico®. it's a win-win. >> french police have fired tear gas. after protesters there scuffled with officers. this amid the fifth straight weekend a protest by the yellow vest movement. we are joined from paris. >> it was another day of

clashes between classes between police and protesters here in paris. a little bit less than last week when we saw that. between the two sides. in the protesters were out. there was some scuffling. last week just in paris there was a thousand today there was 115. the police were out in very big numbers we had have much of the day watching the game of cat and mouse being played all across the city. they are trying to avoid a repeat of the violence that we witnessed last week. concession on taxes and government handouts earlier this week.

high wages and high taxes. that terror attack in strasburg earlier this week. they have successfully ended the manhunt. i am told we until january. question for you though. we heard president trump over the past couple of weeks tweet about this and talk about the problems in paris. do they take solace in that. is there some solidarity that they feel. i think there is solidarity across the board.

in other people in other countries including the united states. it started as a complaint about increase in taxes it's really about the inequality facing a lot of countries right now. people living on barely minimum wage. just trying to get by. and feeling forgotten by politicians. that's why you see what is basically a populist uprising here. they still have not completely dealt with. and beginning to make an effort. greg, thank you. the arlington national cemetery and about the same mother. they laid reefs on every grave to honor our fallen troops. one of the organizers about why this tradition is so important.

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and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program call or visit the arlington national cemetery. hundreds of volunteers gathered to face -- to late reefs on the gravesites.

bree thank you for taking time out of the busiest weekend of the year. >> thank you. our of our volunteers and staff. how was the effort so far this year. we are always humbled by how do people come out every year and this year we head at 11:00 a.m. we head over 56,000 volunteers people are watching the weather or the news. it was pouring down rain all day long. it's still raining here in the dc area. we are very happy.

tells about the operation and how it goes down this weekend. with this 56,000 volunteers. how long will it take everyone. we want the details. >> we were very fortunate with the help of fox news and your amazing viewers that we were able to receive sponsorships for all 260,000. that's why we had been busy. and at 1600 other locations. and then you think about where the veterans are buried across america as well. how does it work in all of these other cemeteries.

we've had 1.8 million volunteers today are -- today in all 50 states. in a third of those our children. it's very important because our mission is to remember, honor and teach. and really be able to place that wreath. we want to teach the next generation that's what it's all about. at the graves of the fellow servicemembers. for them they come up for me. it means at that their loved one is not forgotten. each wreath is $15. that 15-dollar donation in the family that they left behind and that shows that they were not forgotten. see mac. >> if you want to help out.

as we look at this video what happens to all of the rates once christmas time is over. you have it paid on or in service and that all this and you have a reef there in the middle of january. we believe in celebrating their lives their holiday season. our team volunteers and we will go back out january 19 for cleanup day. you did the whole thing. you could always use more volunteers. were honored to be able to do that in remember our fallen heroes.

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♪ ♪ >> during the holiday season, few things bring joy and excitement like a visit from the big man in red, that's santa. families in one texas hospital, in case anyone was wondering, folks in one texas hospital got a treat when santa brought a little holiday cheer to premature and critically ill new borns there. many of these babies, you can see, were dressed in their very best for their first meeting with st. nick. hopefully, he did not scare them as santa tends to do on most of the first visits. oh, look at that little santa dumpling. leland: is that a santa dumpling? is that a technical term? gillian: it is. leland: when you talk to families who spend time in the nicu, these touchpoints of being able to have pictures with santa and those memories -- gillian: normal things. leland: exactly. it really makes them feel normal

in a situation that is so not normal as to be where they are. another thing that has given people some great touchstones over the past couple of years is wreaths across america. we just had one of the organizers on as they put wreaths on every grave -- gillian: you'll be helping them take them down on january 19th. leland: we are honored to be a part of this. news continues after this. ♪ ♪ eric: fox news alert concerning the future of health care coverage for millions of our fellow americans. you know a federal judge in texas ruling that the affordable care act, known as obamacare, he has ruled it is unconstitutional. that decision a result of the republican-led congress scrapping the penalty for those people who choose not to be covered by health insurance. that part of the legislation president trump signed into law a year ago this month. hello, everyone. welcome to "america's news headquarters," we have a lot about this subject today. arthel: we do. i'm arthel neville. this decision has