i have a relative that would like the fragrance of tereus. i'm sure the viewers have their own thoughts on what kind of fragrance they would prefer. >> remember if you have your own hit or miss be sure to tweet at us. thank you all for watching. we will see right here next week. >> fox news alert news alert the shakeup at the white house continue the interior secretary stepping down. looking within his administration to pick an acting chief of staff. hello everyone. the present naming white house budget director as the acting chief of staff and he replaces john kelly who is expected to leave that position at the end of the year. present trump also announcing

that ryan zinke heat will be he will be leaving at the end of the year. we are life in the white house. the now outgoing interior secretary has been the subject of multiple investigations related to travel of interest. he was cleared of wrongdoing and some of these investigations. they launched an investigation. in the development group backed by the chairman. an oil service company.

that investigation for the department of justice. they denied any wrongdoing. the president not say why he is leaving. he also thanked him for his service. in about as many weeks for the white house. they would lead the white house at the end of the year. the president's first choice vice president mike pence and his current chief of staff. did not end up taking the job. they took themselves out of the running. there were quite a few people in his words who wanted this job.

they show a very special and somber visit. the president went across the river to visit the national arlington seminary -- cemetery. it was not anything that was official. it was not on his schedule today. but as you said the president did travel over there to arlington national cemetery. thousands of volunteers had spent the day in the rain. they paid the ultimate sacrifice. present trump stopped and spoke with the white house. he is not passed on the identification of that woman just yet. he also as you can see. they greeted other servicemembers as well. they saw a lot of the work that have been done there today. and then headed to their car. they did ask him a little bit about the recent healthcare

ruling. they went on the way. he arrived back here at the white house. they arrived back here at the white house at about 2:45. a quarter of a million reits laid there. >> we are going to bring in our panel. he is a former senior advisor to the romney ryan 2012 campaign and kristin hahn she is the former chief political advisory. you are going to start first. we are to talk about the cabinet changes. should there be concern for the policies or the way he runs our country. or is president trump suited for this kind of shuffle having run multi million or billion dollar companies over decades. >> not much is normal about this president. he's obviously an outsider who is doing this in his own way. this kind of churn is actually

fairly predictable and normal. some of the reasons for why these guys had had to leave is not necessarily they had been dinged on a couple of issues for that. things a good lawyer should be able to help these guys out with. >> i think a the cabinet secretary should know when travel is a propria. i don't think it's a hard call. in some of this the get much more attention with the trump administration. the media is just more invested in it. you should the should not be hard calls. and with the new incoming people that he's got i would hope that they have learned their lesson and they are not cannot run can out run into these problems again. live actually been quite good.

>> i would agree with kevin and there is nothing normal about this administration. it just another indicator of how dysfunctional the administration as it is is it is dangerous for the american people whether it's a department of justice or epa. we see it over and over again. looking at the white house staff having the next new chief of staff. it's just another indicator that this president does not know how to govern. he does not know how to work with congress. on the staff turnover is an indicator of that. in his first 694 days. president trump present trump has had more cabinet changes than all of his predecessors back to our 28th president.

after only 23 months in office. proceeds his two year total two-year total of four cabinet departures. they had nine turnovers including seven complete departures. they won in president reagan for and president jimmy carter is zero. and continuing more than 40 notable individuals in the trump and menstruation had either been fired or have resigned so here's your opportunity. what is this indicative up. is it the governing style his political pics or something that is out of the president's control? >> he was called the chaos of canada candidate when he was running for president. some of this is built in. they were expecting and disrupting president and he has been disruptive.

he has been disruptive within his own administration. this is what you get with donald trump but all of that said you go through that it's an impressive list of turnover. the results are pretty good. the economy is roaring at 3% plus. unemployment is below. we crushed isis. he has been able to accomplish real things while still being chaotic. >> as you know the president had very high approval rating among republicans, what do you say to the turnover? >> i don't think it is a healthy thing. he does have a high approval rating among his base. i think he will have trouble going into 2020 when he needs to talk to those types of folks who weren't impressed with his governing style.

hopefully we should all be rooting for mulvaney. hopefully he is successful for the good of the country. >> let's take a look at what kristin just said. do you think there'll be any impact on the reelection. critics call it turmoil. perhaps the president is getting his affairs in order. and had successful second term. how do you see it? >> i think you can run into 2020 with results. the process in the style argument is one that it does hurt him. in the midterms. and it could hurt him again in 2020 if people despite the great result don't like the style enough to actually vote him out. that said, if they stay strong and if there's no foreign-policy incidences and

things are going along pretty well. he will have a pretty good case with that. we need jobs to keep growing and juergen have to keep this economy strong. the stylistic argument is probably not going to work. >> kristin you get the last word since i started with kevin. >> if the economy is strong the democrats are good have to put up the right candidate. if we want to be ultimately successful in taking back the white house in 2020. we will see what happens. >> we will leave it there. i think you both. and we will see you again. the future of healthcare coverage is now uncertain. as a adderall judge has ruled that the affordable care act obamacare is unconstitutional. that deadline ends today. present trump healed the court's ruling.

>> it was a big ruling for our country. by highly respected judge. and on the assumption that they would uphold we would get great health care for our people. and we have much more on this. what is the meaning of this and what is the congress expecting. >> the ruling doesn't do anything yet. obamacare will remain in place for the time being. they are already saying they expect appeals are coming. and also shows up a big fight in congress where they are getting ready to take over the house. >> they are going to take care of this. they will protect to the affordable care act. we will drive down the cost of prescriptions. they failed to repeal and replace it as many of us had promise.

that is on us. maybe this will cause the issue to be revisited. >> it would be the third time that the justices consider the fundamental provisions of obamacare. all of the four democrats and chief justice roberts who upheld the bill they are still on the bench. they likely will end up at the supreme court. the medicare and medicaid services say that the enrollment happens to be down 12% over last year why is that? >> the same center said the number of new people buying coverage has dropped. here is how the numbers of all according to cms. 4.1million americans have selected a plan and last year

the same time 4.6 million. we also see a like when it comes to new customers and those renewing their plans. there isn't that individual mandate. there is not a penalty for not signing up. that is the reason the texas judge said the law is now unconstitutional. they haven't been pushing enrollment like the predecessor. on their signature health care law. see make this year is different. young people had stepped up like never before on campuses on the voting booths and at the doors of power. >> analysts seem to think the biggest reason that numbers are down this year lack of awareness. today is the deadline for 2019 enrollment in despite the ruling on the bill they can continue to sign up.

>> there are new questions about the border control. after 7-year-old jaclyn cole mckean died why she was in u.s. custody. the young girls that sparked outrage on capitol hill with the reaction from the white house. >> it is a horrific situation. there is no two ways about it in it is a sad time but it is also senseless, it is a needless death and is 100% preventable. they are joined now with more. >> the girl initially appeared healthy and her father signed a waiver estate she was in good health. forty-eight hours later she was dead. the journey started in guatemala but ended in new mexico around 12:00 p.m. they did not make it onto the first bus. by the time the bus came back around 5:00 a.m. she was

sick. when she reached florence burke she was not breathing. they have brain swelling and liver failure. members of congress say she died of fear --dash make fever septic shock and dehydration. it is tragic but it shows the dangers of illegal border crossing. >> they were about 90 miles away from where they could process them. it came in such a large crowd that it took our border patrol folks a couple of times to get them all we gave immediate care. >> they are calling for a full investigation. they have significant questions. the representative tweeted a copy of the letter. just sent a letter to dhs.

into the death of a 7-year-old girl in the u.s. government custody and you better believe will be asking secretary nielsen questions about this. whether that little girl was given any food or water. invite congress first learned of the data from reports from the media rather than from border patrol. >> in the city of lights. it does not mean that. they are taking to the streets of paris for the fifth weekend of the demonstrations. the search for missing colorado mom and they are looking for clues on the missing woman. >> we are considering every possibility. i'm not willing to jump to conclusions.

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the search for the missing colorado mother. they have not seen since thanksgiving day. investigators are now calling her disappearance is the -- suspicious. >> based on information in

because of the length of time it has been 23 days that has passed since kelsey was last seen our investigators believe that the disappearance is more suspicious and she is not intentionally avoiding efforts to find her. this is a multistate task force. they work tirelessly. jeff, are there any leads and what are authorities doing now. please say it could take days to complete the search. he is not considered a suspect or a person of interest investigators say he has not directly spoken with them so far all of the communications with authorities has been through the lawyer. we've yet to hear him and sit down with the investigators. since he was the last person to talk to her. the last seen publicly entering a safely grocery

store in woodland park colorado. her fiancé said ten days later the mom reported her missing on december 2. is there any other evidence or anything at all. that investigators have so far covered. the search warrant is sealed right now. we don't know it's part probable cause. investigators say to her last known communication was through a test to the fiancé. and want to her employer's scene she would not be at work next week. this behavior is not like her daughter. she doesn't run off. and someone knows where she's at. kelsey, we just want you home.

call us if you can. we won't quit looking for you. the attorney said he continues to cooperate with law enforcement and that he was never asked to participate in the search of the home. they have no reason to take the child away at this point. congress has until friday to avoid a partial government shutdown with funding for the border while a key issue we will explain what both parties want in a final bill. what it says about how the fbi handled the questioning of the former national security advisor. the underlying thing is was there any effort by the trump campaign to change the outcome of the election. picks up large particles, gives floors a polished look,

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>> the team releasing the key documents related to the fbi. the questioning of the former national security adviser. those documents confirming that they did not believe at the time that they lied to them though he was later charged with making false statements in the interview. the attorneys argued that he was coerced into lying when he spoke to the fbi in january of 2017. newly released court documents say that the dent then deputy they wrote that he wanted to have two of my agents interview as quickly and quietly as possible and he further stated that if he wished to include anyone else in the meeting like the white house counsel i would need to involve the department of justice.

the documents also show the fbi intentionally chose not to tell him that it is a crime to lie to the fbi. the bureau did nothing bureau did nothing wrong and that nobody forced him to my on multiple occasions as well as members of the administration about the context. a sitting national security advisor. in the 33 year veteran his case highlights some of the unsavory tactics. and what he was saying is what he is doing to 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 house special counsel. it has recommended that they serve no jail time.

it's possible with these new filings the judge could delay the hearing. back to you guys in new york. >> they know something about fbi investigations. i can result in jail time and it's now with us. the fox news contributor who spent 85 days behind bars in 2005 for protecting the source. so when you hear that they went over to the white house to talk to flynn. with the famous anti- trump text. i think they maintain that they did. and i think that given who general flynn general flynn was the fact that he had had 33 years as a veteran military

officer in the have of the national security council. this is a man who knew how government work. this was not someone who was naïve about the way in which the fbi often overreached. they often failed to tell people about their life. he have to be aware of what was going on and how potentially serious this issue was because any foreign meddling or influence investigation conducted by the justice department is a serious matter and i just believe that if general flynn did not know that he would not had been in the position that he was. uncaring and cavalier about the interview.

or he felt like he could just outsmart everyone since he told the same story to everyone including donald trump and the vice president or he just was careless but either way i don't think that this was a set up. he said that he misremembered some of those type of facts which is the line between this remembering and just having with the facts. >> i am very wary of this testimony. i am very sympathetic. but the fact that he remembered the same story again and again would suggest that if it was a false memory it was the persistent one. i think you raise an excellent point which at some point.

they even refused to acknowledge that. i am aware of this myself because in my own case i was involved in what i consider an overreaching justice department investigation. into the senior bush administration official. that is not what is really at issue here. and you ended up there. when you ended up choosing that time. >> i have no second thoughts about it. i think that i did the right thing sitting in front of the fbi answering questions before a grand jury oftentimes without the benefit of counsel is a truly nerve-racking experience and one that i hope

well never had to go through. i think because he was so experienced in such a veteran even though he probably didn't have much direct contact. all of us knows what it's at stake. we try to remember sometimes we fail. i think there is a difference between an aggressive and assertive fbi and justice department investigation and that is what the supporters are arguing now. frankly i don't see the evidence of that. it says they did nothing wrong and conversing with the russians. it was part of his job. they claimed that they have an

obligation to former aides like michael flynn to declassify and disclose the fbi document. related to the fbi and its probe. do you believe this should be lights out. the public release of 302. in the interview with the fbi agent and such. so the public can know that everything was handled appropriately. >> i think a lot of the charges allegations have been set up that it would really be in the public's interest for as much information and details about this case to be made public as soon as possible. if it doesn't interfere with the rest of the investigation. all of the transcripts as much as ministration as possible.

we are journalists. and that it was set up. it really is in the public interest to get this information out. let people decide one way or another what was going on here. and whether or not it was legitimate. i think the allegations and i org argue this from the very beginning. i think they were extremely serious and they have to be investigated thoroughly and aggressively we had head with have that investigation now and we've seen many people already charged. and convicted in connection with allegations. this has is not yet reached the president's but i think from the tweet had to to wonder whether or not he is also not worried about what

lies ahead in the mueller investigation. that they get no jail time because his cooperation. we will see what they have this week. whether or not he has the plea deal. good to see you. we praise you for standing up for our journalistic principle. thank you eric. i hope no one else has to do it. >> a partial government shutdown is looming. and they do not reach a spending deal this is exactly what will happen. but as the clock ticks down. the battle between the two parties is over funding of the border wall. neither side shows any signs of budging. >> we need a wall in certain parts of the 2000-mile border

we need a wall. >> it's confusing and part of the problem. we think it is a bad strategy. many sections of the border are already light by more than 100 miles of fencing or what trump calls a wall. our administration has moved aggressively to secure our borders more. since the 1990s lawmakers approved and built some $650 million a border fence and bury in. --dash make various designs. it will certainly do some good they will authorize some badly needing needed funding. so far they replaced 31 miles of barrier. in an additional 93 miles.

but the president wants more. if we got $5 billion we could do a tremendous chunk of wall. 5billion will buy another 213 miles. unless congress objects. there is no mortal -- moral defense. so far the white house has not clarified if the new money would be used to replace old fence or replace the existing one. they are likely part of the border security negotiations. >> think you. our senior reducer for capitol hill. comparing the talks. here is the tweet. this is like going into a diner late at night and they have a sign up that says

limited menu available. there is only a limited menu of fear that they can cook up on the congressional griddle until they avoided the shutdown. >> it's like one of those late-night menus. >> of the anger in france. they are still out in the streets. they are frustrated with the government and they are purchasing as you can see for a fifth weekend in a row. they will have the latest on that. and it was raining cash on the highway. didn't get any of the money back. they just took it. wasn't my top priority. until i held her. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours for powerful a1c reduction. tresiba® is a long-acting insulin

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people are stopping their cars in the turnpikes. can you believe that. it fell on the road because it flew out of an armored truck. out went $500,000. can you believe it. people stopped some of the drivers picked up the bills. they have since returned the money. police say more than 390,000 is still missing. they just took it right off the asphalt. >> who would you go to return the money too. if you didn't know where to go.

what would you do i would do the right thing. >> i have to say that i'm on tv. it's not years. what you feel guilty. anyone that has the money returning return sent a christmas present. 115 people are taken into custody and seven slightly injured as a protest once protest once again take place in paris. thousands donning yellow vest. for the fifth weekend in a row. they are joined life from paris. another day of protest.

the best activist. another landmark in paris. they have to use both tear gas and water cannons. and there was some scuffling between the two sides. it will weigh down. 115 today. last week it was a thousand. the number of protesters out there. last week it was 8,000. they were really trying to avoid the repeat. and in fact the week before. the concession that was made on the national television address.

high taxes, low wages in the government sought to be not listening to its people may maybe another reason the deadly attack. there was a massive police manhunt. a lot of attention being paid to that. the cold nasty weather. were still seen it raining right now. expect a very rough january. brace yourself for a lot of stuff happening there. we had been thinking about all of the money on the turnpike. would you return it. okay first of all i know it's against a lot and i'm not encouraging people to break the law i'm just saying it's around the holidays you know

people are going to keep it. and i imagine there is insurance to cover that. >> it still against the law. have a give it to charity. you could do that. people out there. not good i did ask stop your car like that. a group of special volunteers. they don't miss out on a very special experience. it's all straight ahead. george woke up in pain. but he has plans today. hey dad.

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bikes you gave away. tell us how the kids react when they get their free bikes. the hugest smile ever. sometimes they're just so happy to see their kids get a bike. i love it. we have more to give away tomorrow and probably the next day. that is a great team here. over a thousand bikes. and then they have an out there giving them away. and a thousand bikes this year i think next year they will do 3,000. what's going like this. we are excited. how did it start.

>> i started a cycling club and one day i got a call heard that christmas was coming. they can't afford to buy a christmas present for their kid. i checked. all of my friends have a bike in their garage that have been outgrown by their kids in two weeks we got 250 bikes donated. we fix them up and gave them away. >> i said this is fun but this is turning into a lotta work. that time we gave away 5,000 bikes. it's going crazy. >> i know you heard why bikes. >> i will say between a teddy bear in a car the bike is the

most important thing that a kid ever owns. and then there is the health aspects of it. they help them fight those things. i called it my khyber -- carbon fiber therapist. what a great thing you're doing. the website is fb 4k.org. it only cost $30 for us to put a kid on the bike.

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eric: and we begin with that bombshell decision targeting obamacare. a federal judge in texas ruling against the affordable care act, also known as obamacare. ruling the landmark health law invalid. millions of americans rely on the health cover an under obamacare. and the -- coverage. and the next legal battle is likely headed to the supreme court yet again. hello and welcome to a brand new hour of "america's news headquarters," i'm eric shaun. arthel: the division coming on the eve of the deadline for sign-up coverage next year.

arguing the individual mandate was unconstitutional and obamacare could not be separated from it. california leading a group of states that plan to challenge the ruling, and democrats say they will join the fight. >> i have every confidence that the we're going to join the lawsuit when democrats take back the house. the trump administration didn't defend the aca, and that's not to say it's worked perfectly. we have lots of ideas to build upon its success, but taking it away completely is a big mistake. eric: we have team coverage for you, ellison barber standing by on the north lawn at the white house. plus lauren blanchard who's live in washington with more on the decision in texas. hi, lauren. >> reporter: hi, eric. well, a judge may have ruled the affordable care act unconstitutional, but obamacare will remain in place for now because even the white house has said they know appeals are coming. let's break down the decision. a conservative federal judge in

texas, reed o'conner, ruled the affordable care act invalid because he said it knocked out the constitutional foundation, and the judge says obamacare cannot be separated from that provision. now, less than a week from a possible government shutdown, this is likely to become yet another divisive issue for congress. >> congress failed to repeal and replace it as many of us had promised. that was, you know, that's on us. that was a terrible failure of the congress. but maybe this will cause the issue to be revisited. >> if this ruling would be permitted to stand, 17 million americans would lose health insurance, so it'd be devastating for the american people. >> reporter: 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 and twice it's been upheld. the ruling not only the bad news

for obamacare according to the centers for medicare and medicaid services, this year 4.1 million americans have selected a plan through healthcare.gov. last year this same time 4.6 million. we also see a lag when it comes to new customers and those renewing their plans. now, overall, analysts seem to think the biggest reason enrollment numbers are down this year, lack of awareness. today is the deadline for 2019, and despite the ruling on the bill, people can continue to sign up. eric? eric: all right, thanks so much. arthel: well, eric, the white house hailing that federal court ruling as a victim aas president trump calls on congress to find a replacement for the affordable care act. earlier, he tweeted, quote: as i predicted all along, obamacare has been struck down as an unconstitutional disaster. now congress must pass a strong law that provides great health care and protects pre-existing conditions. mitch and nancy, get it done. ellison barber joins us now live

from the white house with more. hi, ellison. >> reporter: yeah, president trump says this is good news for the country, for americans. democrats, of course, disagree. soon to be speaker of the house nancy pelosi called it an absurd ruling that will be immediately appealed. she says this is not what the american people want, writing in a statement, quote: in the midterm election, the american people delivered a record-breaking margin of almost ten million volts against republicans -- votes against republicans. president trump said this just a little earlier today. >> we'll sit down with the democrats if the supreme court upholds, we'll be sitting down with the democrats, and we will get great health care for our people. that's a repeal and replace a little bit differently, but it was a big, big victory by a highly respected judge, highly, highly respected in texas. and on the assumption that the supreme court upholds, we will get great, great health care for our people. we'll have to sit down with the democrats to do it, but i'm sure they want to do it also.

>> reporter: the president made those remarks during an unannounced visit to arlington national cemetery. he went there to see the wreaths that thousands of volunteers have spent the day laying in the rain in arlington to honor fallen service members buried there. arthel? arthel: definitely a very special presentation. hey, ellison, so the president, meanwhile, he announced staff changes last weekend? he announced more today, more changes. tell us more about that. >> reporter: yeah. quite a few of late. president trump announced this morning that interior secretary ryan zinke will leave his post at the end of the year, he has faced a lot of ethical questions and more than a dozen federal investigations related to his travel habits and potential conflicts of interest. over the summer the interior department's inspector general launched an investigation into a real estate deal that involved the foundation set up by mr. zinke and a development group backed by the chairman of halliburton, one of the largest oil services company in the world and a company that does a whole lot of business with the

u.s. government. this is the second high profile departure in about as many weeks. last week the president announced that his chief of staff would leave at the end of the year. the president's top pick to replace general john kelly did not pan out. some of the reported top contenders pulled themselves out of the running. yesterday the president announced budget director mick mulvaney will take over as acts chief of staff. he made that announcement on twitter where he also pushed back on some of the rumors, some suggestions that people did not want the chief of staff job, and that's why it took him a little longer than we initially expected to announce the replacement. he said, in his words, arthel, many people wanted the job. arthel: all right. we'll leave it there. the ellison barber, thank you. >> reporter: you bet. eric: well, the office of special counsel mueller pushing back against general michael flynn's claims of improper actions saying flynn should have known it was a lie -- that you should not lie to federal investigators. the rebuke comes after the

former national security adviser suggested the fbi did not tell him about the penalties he could have faced ahead of time when he sat down for an interview at the white house. garrett tenney has more from washington. >> reporter: michael flynn's attorneys argue he was coerced into lying when he spoke to the fbi in january of 2017. newly-released court documents show andrew mccabe urged flynn not to bring an attorney to an interview with eights. in a -- with agents. mccabe told flynn he wanted to have two of my agents interview him as quickly and as quietly as possible. i further added if he wished to include anyone else in the meeting, that i would need to involve the department of justice. flynn then agreed to meet with the agents alone. the documents also show the fbi intentionally chose not to tell flynn that it's a crime to lie to the fbi. but mueller's team argues the bureau did nothing wrong and nobody forced flynn to lie on multiple occasions to agents as

well as members of the administration about his contacts with russia's ambassador writing, quote: a sitting national security adviser, 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. but critics, including alan dershowitz, say flynn's case highlights some of the unsavory tactics the special counsel is using in its investigation. >> what judge ellis was saying is what mueller's trying to do is find low-hanging fruit, figure out every way to get them to commit a crime -- it's their fault if they commit the crime -- and then squeeze them so that they'll sing or compose. welcome to how special counsel operate. >> reporter: the special counsel's office has recommended flynn serve no jail time due to his cooperation. he is scheduled to be sentenced on tuesday, but it's possible with these new filings the judge could delay that hearing. back to you guys in new york. eric: garrett, thanks so much. arthel: new questions about the

border patrol's treatment of migrant children after a 7-year-old guatemalan girl died in immigration custody. jackie heinrich joins us now with more. >> reporter: there are questions over whether border patrol gave that little girl any food or water during the eight and a half hours she was held in new mexico all before a bus brought her to a processing center an hour and a half away. by the time she arrived there, she was not breathing. she's been identified as a 7-year-old from guatemala. she and her father were detained with more than 160 others in a remote stretch of desert before being bussed to lordsburg. border patrol didn't note any illness, and her father signed a waiver saying she was in good health. less than 48 hours after, she died of septic shock, dehydration and fever at a hospital in el paso, texas. agents called for a medical helicopter after she arrived at the facility unresponsive. she had to be revived twice. homeland security says it's

tragic, but it shows the dangers of illegal border crossing. >> what happened here was they were 90 miles away from where we could process them. they came in such a large crowd that it took our border patrol folks a couple times to get them all. we gave immediate care. >> reporter: meanwhile, congressional democrats are calling for a full investigation into the death saying et raises significant questions about how children are treated at border patrol facilities. they sent a letter to the acting inspector general asking questions over whether she was given any food or water and why congress was first made aware of the death from media reports, not from border patrol. in the senate similar outrage. senate majority leader chuck schumer tweeting: a 7-year-old girl should not be dying of dehydration and shock in customs and border protection custody. secretary nielsen and dhs.gov must be held accountable for the death. the girl's father is at a transitional housing facility in el paso, and he issued a

statement just moments ago calling for an investigation into the death and saying he had given his daughter food and water during their journey, and she had not been crossing the desert for several days as some media has been reporting. arthel: jackie heinrich, thank you. eric: in california a state lawmaker was arrested for spanking his daughter. why police are questioning his account of what happened. plus, president trump going toe to toe with democrats to try to keep the government open and find a way to fund his border wall. we'll break down the budget battle and if the president and congress can reach an agreement with that deadline fast approaching. >> we have solutions that will pass the house and senate right now and will not shut down the government, and that's what we're urging you to do, not threaten to shut down the government. ♪ ♪ for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory.

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♪ ♪ arthel: a california state assemblyman is arrested on suspicion of child cruelty, a charge stemming from him spanking his 7-year-old daughter. police arresting democrat joaquin arombula after a teacher reported a child with an injury. meanwhile, the lawmaker is defending his actions. >> we have nights where we can get overwhelmed and feel like we have work that we need to do

with our kids. that night was a night that she was acting out. it's what parents have to be able to do to have some ground rules and be able to be good parents. arthel: police say the injury was not on the child's buttocks. the lawmaker has not been formal hi charged. >> you know what i'll say? yes. if we don't get what we want, one way or the other, whether it's through you, military the, anything you want to call, i will shut down the government. >> okay, that's enough. >> i am proud to shut down the government for border security, chuck. because the people of this country don't want criminals and people that have lots of problems and drugs pouring into our country. so i will take the mantle. eric: did you see that session in the oval office? it's democracy in action, your government at work. the president went head to head

with senator chuck schumer and nancy pelosi in the oval office over the question of the border wall, pushing to fully fund his long-promised wall. it's an issue front and center in the fight to avoid a partial government shutdown that he is proposing. crucial departments like the tsa and homeland security could be affected just days before christmas if both sides don't reach an agreement next week. what could happen? david marcus, news editor for the washington examiner. that was just a fascinating, amazing glimpse -- some people criticized it saying they're arguing, but those are the two positions going head to head, toe to toe together in the oval office laying out the argument in front of millions of americans. >> absolutely. it was unvarnished. there we had the president of the united states taking it back and forth with the incoming house speaker, the democratic leader in the senate, laying out their respective positions. it's interesting though a few days later we're still, essentially, in the same place, no real progress has been made

on those very key and delicate issues. eric: so what does that mean with no real progress? has the president dug a hole for himself? will he potentially delay this through next month when the democrats take congress? what could happen? >> there have been so many of these budget showdowns in recent years whether it was republicans or democrats in congress, president trump, president obama before him. usually they find some way to work it out in the closing hours, even minutes. but this time they are at a real hard impasse. president trump made that southern border wall a key campaign plank. he doesn't want to back off. democrats are saying, no way. probably they will find some way to push this at least into the new year, into january, maybe til next year. but that probably won't happen until the last possible hours, even minutes. eric: well, they could approve some temporary spending extensions, that sort of thing? >> that's right. they could just hold federal

spending at current levels. lawmakers and presidents do this almost every year -- eric: yeah, we've seen this movie before, i mean, constantly over these issues. why are the democrats seemingly so obstinate? they say they will provide $1.3 billion in fences and border security, not for open borders, but the president is insis tent on $5 billion. >> democrats won big in november at least on the house side. they feel like they have a lot more leverage than they did even a year ago when they might very well have gone along with at least some version of a border wall, maybe trading et for something on my grants, something else like that. this time though their activist base on the left is saying, no way, no money for the border wall, and that's who they're listening to. eric: could that activist base potentially cut a deal if you give everything for the dreamers and get that through in exchange for money for the border wall? is that a possibility? >> that's -- those kind of deals

have been suggested in the past. at various points president trump seemed open to that. democrats in congress in time six months ago, a year ago seemed somewhat open to that, but now it seem like we're pretty far gone. neither side really wants to give in for various reasons. each side thinks they have enough leverage, and that's where we're heading to right into christmas. , e everything after the meeting the president talked more about this. here's what he said on this issue. >> i don't mind owning that issue. i mean, chuck's problem is that, you know, when we last closed down -- that was his idea and, honestly, he got killed, and so he doesn't want to own it. i said, you know what? rather than us debating who's owning it, i'll take the it. i'll take it. if we close down the country, i will take it because we're closing it down for border security, and i think i win that every single time. eric: so who blinks, if anyone does? >> well, that is accurate, what the president said about owning it. he's willing to do it.

the president, though, has also given himself a few outs. he talked about the military building the wall. that's dubious on legal grounds. other ways, maybe putting up a fence as we saw in the prior report. so he might have some ways of saying that he's building a wall without actually getting money from congress. that's where we may be headed. eric: do you think that in any -- with all these arguments, and it keeps on going, that there will be or can be any type of resolution to this issue finally, or is washington just continually stuck in gridlock when it kohls to this issue? -- comes to this issue? >> this one seems tough to see a path forward on. democrats in congress for various reasons, again having to do with their supports, just will not go along with the wall. not to mention a bunch of logistical issues as well, but that's a whole other discussion. i think they will find some way to save face on both sides, get into the new year. depending on how far into the new year, we will have to see.

eric: eminent domain and logistically, as you just said, but one final point. the democrats with more activists and more left democrats, for example, that we're seeing coming into the new congress, the democratic congress, does that make it potentially harder to get a deal? >> yes. nancy pelosi, agree with her or not on issues, she's a very good politician. she knows where her supporters lie, where the votes are within her own democratic caucus. she's not going to get out too far ahead of them, push something with president trump that they don't agree with. so she's somewhat constrained. and, remember, she's been fighting for her own position as incoming speaker. it looks like she's probably got it now, but she had to make a lot of promises for her own supporters to do that. a lot of them probably are not in a big mood to give away a big issue like this. eric: we'll see what happens even if they push it temporarily into next month. david, good to see you.

thank you. >> thank you. arthel: international tensions rising after china detains two canadian citizens. could this impact trade talks between the u.s. and china? we'll take that up next. plus, thousands of yellow vest protesters take to the streets of paris for a fifth consecutive weekend. we're on that scene straight ahead. ♪ ♪ (burke) parking splat. and we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

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sending your own clubs ahead with shipsticks.com makes it fast & easy to get to your golf destination. with just a few clicks or a phone call, we'll pick up and deliver your clubs on-time, guaranteed, for as low as $39.99. shipsticks.com saves you time and money. make it simple. make it ship sticks. >> the unlawful detention of two canadian citizens is unacceptable. they'll have to be returned. the united states has stood for that whether they're our citizens or citizens of other countries. we ask all nations of the world to treat other citizens properly, and the detention of these two canadians in china ought to end. arthel: that's secretary of state mike pompeo slamming china for detaining two canadian citizens, a former diplomat. this is coming following the arrest in canada of a senior huawei executive on a u.s. extradition warrant.

meanwhile, canada promises a full judicial process for the chinese tech executive. >> we discussed china and the case of huawei's cfo building on a conversation that secretary pompeo and i began soon after her arrest. we all agree that the most important thing we can do is to uphold the rule of law, insure that ms. ming's right to due process is respected and that the current judicial process in canada remains apolitical. arthel: let's bring in a spokesperson at the united states mission to the united nations. jonathan, good to have you back to talk about this. we're talking about it last weekend, i believe, and it's a dangerous game of tit for tat that seems to be getting deeper. i mean, to where is this path leading? >> so far it's going down a path that's particularly unhelpful and, yes, arthel, last week we both agreed that this is going to get worse before it gets

better, and it's showing signs of getting worse even more. it is terrific that secretary of state pompeo stood side by side with the canadian foreign minister and said these two canadians need to be released immediately, this is ridiculous, and they can't be connected to what's going on with ms. ming. i mean, it's -- they're two different things altogether, and a tit for tat type of thing, as you know, that can lead to more escalation, lead to more arrests, more anger between two nations now, and the canadians are stuck in the crossfire between the united states and china. arthel: and that's an excellent point because, i mean, canada arrested her at the request of the u.s. so she can't leave canada. just withen trudeau, the prime minister -- justin trudeau, the prime minister in canada, has said he has no political motive for detaining her, so how does canada get from between the u.s. and china in this? >> the unfortunate thing for canada is that it's a decent

nation, and it's stuck in the crosshairs. they're a law-abiding country, and they need to go by the books. they don't have a government that's like the government in china. china has a totally different way of doing things. people disappear, people don't get the justice that they deserve. they're presumed guilty, you know, the treatment is totally different. this is a western nation, similar policies to our own here in the united states. we are friends. we have laws and we are run by laws. we're not run by men. china is a country in which you have a small leadership that controls it, and that's it, and they get the final say. arthel: yeah. >> totally different system, and we really have to have the backs of our canadian friends here because they haplessly are in the middle of this problem. but they have no choice but to follow the law and help the united states carry out what it needs to do with the agreements that we have. arthel: so how will the do to j handle this? i mean, will ming ever be

brought to the u.s. to face trial? >> that's to be determined. there is going to be, of course, hearings in canada to determine whether there are grounds for the extradition. there's a lot of controversy over what the president said about, you know, how he's going to navigate through things with the chinese and perhaps tying this in with the dispute that we're having in the trade war with the chinese. the important thing here is to make sure that the sense of canada and the united states, that the people of our nations understand that the governments of our two nations, our great nations, are performing in a legal and lawful way which is the way it should be. it shouldn't be carried out by special favors and things like -- it has to be done aboveboard. now, having said that, there are situations in which the president of the united states has the power to intervene and carry out things that he thinks are expedient to do for the greater good of what he's trying

to achieve. it's a debate bl thing. president obama, for instance, in trying to get the iran nuclear deal agreed had the justice department drop charges against 14 iranians. very controversial decision back there. he felt it was the right thing to do. we both know how controversial that iran deal is. here's the president of the united states now today, president trump, trying to figure out what he's going to do in the midst of all this. the administration has got to get it right, very important to deal with this in a very sober and not just the short-term gains. you have to look at this long term because we can have situations which other countries can do things that we don't want to see them do. what you do unto others -- arthel: absolutely. don't want to jeopardize or endanger some of our own executives traveling in various parts of the world doing business. quickly and finally, if you can do this succinctly, you say how

difficult it is for the u.s. to proceed from here. president trump and the administration working together to figure out their way forward. president trump often depends on his own gut. does he really need to listen to the team on this one? >> he has to think about the short-term and the long-term goals. he has to listen to his team. he has to understand the stakes here. he has to understand what's going on. why did the justice department decide to move ahead we this? why do they see her as having conducted criminal activity? don't take any of this lightly. there are big decisions the take here. the world's watching. the world is watching how america behaves in this situation. the canadians right now are taking it really hard. they're getting ridiculed. the chinese are calling them the 51st state of the united states, that they're lackeys, that they can whip them around and they're going to cause them more pain. we have to protect our ally at the same time. arthel: uh-huh. jonathan wachtel, thank you. we'll talk about this again.

hopefully, it gets better at some point. ing thank you. eric? eric: well, arthel, it's another saturday of tear gas and rock throwing on the streets of paris. [background sounds] eric: this is the fifth consecutive weekend of those national tests by the so-called yellow vests. the anger and opposition started out over rising fuel taxes but since then has morphed into demonstrations against president emmanuel macron and his policies of trying to reform longstanding economics policies. greg talcott in paris has more. >> reporter: another day of anti-government protests here in paris and across france. there were clashes but not as many as we saw last saturday here. so-called yellow vest activists were out on the champs-élysees, around the old opera house here, the louvre museum and other landmarks in paris.

in some locations police did use tear gas and water cannons to disperse the crowds. there was some scuffling between the two sides, seven reportedly injured, but there were 115 arrests today. last week there was 1,000. the number of protesters today something like 4,000. last week it was 8,000. police, though, we can tell you from personal observation, they were out in big numbers. we spent much of the day watching a game of cat and mouse across the city. authorities trying to avoid a repeat of the violence we have witnessed. one reason for the drop in trouble, concessions made in a national television address earlier this week from president macron. high taxes, low wages and a government not seen to be listening to its people thought to be factors in this protest. another reason? the deadly terror attack this past week in strasburg, police finding and killing the man responsible for it on thursday night. two more reasons why there was a decrease in the unrest today, some cold, nasty, wet weather

and the upcoming holiday season. but an expert has told us we can expect a very hot january here. in paris, greg talcott, fox news. arthel: well, the holiday season is in full swing, and we have some tips that could the help you not break the bank. susan lee tells us now. ♪ ♪ >> the most important thing is to remain in control. you know, you don't want to let the holidays make you crazy. ♪ ♪ >> reporter: it's the most wonderful time of the year but also the most expensive. 15% of americans are still paying off last year's holiday debt which averaged $1,054. >> tally up what you've spent so far. a lot of people have been shopping throughout the year for christmas, so be aware of what you've already bought, what you've already spent. >> reporter: stick to your budget.

finance expert chris ohio began roamed -- chris hogan recommends zeroing in on who you'll shop for. >> this is where you assign a dollar amount of how much you're going to spend and who you're going to afford to shop for. >> reporter: hogan says cash is king, especially during the holidays. >> cash will help you to remain in control and understand your limits. if you're going to spend $100 on your brother for christmas, when that $100 is gone, you stop. >> reporter: you're ready to pay and the cashier asks if you'd like to sign up for an extra 10% off. many experts agree avoid the store credit card temptation. >> these things are sneaky, and they're a thief. i mean, it's a amazing that they'll offer you 10% off that day but charge you 24% every other day. >> reporter: and it's so tempting, but try to keep purchases for yourself to a minimum. >> reporter: 22% of americans buy gifts for themselves when they're shopping for others, so don't buy for yourself every time you go out shopping. take a deep breath and

understand the real reason for the season. it's not about how much you spend. be aware, remain in control and don't bring debt into your life. >> reporter: after all, it's your cash. susan lee, fox business. eric: well, meanwhile, the search for a colorado man intensifies. kelsey barrett has been missing since thanksgiving. why police are eyeing her fiance. and michael cohen said president trump ordered those payments to hush up stormy daniels and karen mcdougal during the presidential campaign. well, the president says no. our legal panel here to discuss on what could happen next. >> let me tell you, i never directed him to do anything wrong. whatever he did, he did on his own. he's a lawyer. a lawyer who represents a client is supposed to do the right thing. ♪ ♪ i was cured and left those doubts behind. i faced reminders of my hep c every day. but in only 8 weeks with mavyret,

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>> i don't think there's anybody that believes that. first of all, nothing at the trump organization was ever done unless it was run through

mr. trump. he directed me, as i said in my allocution, and i said this as well in the plea, he directed me to make the payments, he directed me to become involved in these matters. eric: that, of course, is the president's longtime former personal attorney michael cohen saying it was the president who ordered the payments to stormy dan yells and karen mcdougal all intended to hush them up. the president is disputing that claim. he said this in a fox news interview on thursday. >> whatever he did, he did on his own. he's a lawyer. a lawyer who represents a client is supposed to do the right thing. that's why you pay them a lot of money, etc., etc. he is a lawyer. he represents a client. i never directed him to do anything incorrect or wrong, and he understands that. look, he did some bad things unrelated to me. maybe related to his other clients. eric: what does this mean and what could happen? joining us is our legal panel, defense attorney, former

prosecutor david brew know, former prosecutor and trial attorney, welcome to you both. keisha, let me start with you. it's basically he said/he said as far as we know now. is the president in trouble? >> i believe of that he is. i believe this comment by cohen corroborates the fact that he's saying that the president directed me to make these payments. the fact9 that president trump met with the person from the "national enquirer" to figure out a way to cover up these affairs and pay these people off shows that the president told him what to do, and that's a violation of the campaign finance act. eric: you're talking about david pecker, the head of ami, who has cut a deal with prosecutors himself. isn't it all hearsay, david? you see this in mob trials all the time where the guy flips on somebody, and the defense attorneys all say where's the proof. he's trying to say it to get out of a sentence. >> i agree. i mean, right now is there

corroborating evidence? we just don't know that. and admittedly, we don't know what mueller has. they've been doing a great job of keeping the leaks and information in. but this federal statute requires a willful violationing. what that means is the president would have had to know that this was illegal, and this is a very difficult statute to understand generally. this is not a direct check that was written to the campaign. this is an in-kind, right? so cohen, does he have evidence that he advised trump that it was an illegal transaction? because this could have been personal as well. look at the john edwards case. there was a payment made by a donor that was $1 million to a mistress. and he was found not, and they were -- not guilty, and they were -- >> but the fact that trump -- >> this is not a clear-cut case against president trump. >> it hat to be knowing and willfully, and i believe it was on the president's part because why would he try to cover this

up? at first he said i knew nothing about the payments, and now he's admitting, well, i never told him to do it, he's the lawyer. you know what? the lawyer works for him. and i have plenty of clients who try to tell me i want x, y and z done, and i say i'm not doing it, it's illegal. but you have some lawyers who can be bought, and i think that's what happened. cohen is already sentenced to three years, he's not going to get any less than that. he's sentenced. mark: and as far as the president's -- eric: and as far as the president's explanation, you rely on lawyers and you rely on the advice -- he didn't tell him to break the law, he told him to handle it in a legal manner. >> but that's why cohen's punished, but trump told him to do this. >> it's a reasonable expectation for any client to know that your attorney is giving you proper advice, especially when the attorney is part of the transaction itself. he was the one that signed the agreement, he's the one that repaid, so i think that's a reasonable expectation that president trump had that he was

getting sound advice from michael cohen. another interesting point to make, the fes -- fec is the commission that oversees this, and a number of chairmen have come out, and they are split on this. i've heard two former chairmen say this is not a violation, and i've heard one say it is a violation. that is just a good explanation, an illustration of how tough this statute is to interpret. so did cohen know it was illegal, and did trump know -- eric: you think maybe michael cohen passed the bar, is you'd think that he would know. >> i believe he knew, and that's why he's a convicted federal felon right now. but i also think the president and his attempts to influence his campaign outcome told him make these stories go away. and we know tons of lawyers who do what their client tells them to do, and that's why he's in trouble. but i can't say why is he covering this up, why is he asking a "national enquirer"

representative how do we get these stories not to come out. he wanted to win that election, it worked, and now everyone's going to pay for it. eric: what's the difference between that and an nda, a secret agreement that's agreed to by two parties? >> well, timing, it came so close to the election. >> right. >> but the point that i want to make here is even if donald trump directed it, even if it was for, to affect the election, donald trump still would have to know that it was illegal. and it is a tough statute to know. and michael cohen, just because he passed the bar, was a lawyer, wasn't necessarily aware of that law. eric: all right. and let's say there's a trial with a jury, all right, and president trump is there on the stand and says i didn't know, legally i relied on michael cohen. is that enough to -- >> you get back to hearsay. >> no. >> right? what corroborating evidence do they have? do they have e-mails? do they have other recordings. >> he's going to have testimony from cohen.

>> beyond a reasonable doubt -- >> cohen's not going to be -- >> it's going to be who the jurors believe to be more credible, and that's usually the case in criminal trials. >> also cohen, the one that pled guilty to lying, that guy? eric: wow. a lot here to unpack. keisha and david, thank you. arthel: eric, thank you. a desperate search continues for a colorado mother missing more than three weeks. what investigators are now saying about the case. mug. ♪ earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? ultimate feast time it'sat red lobster.r own pick four of ten favorites to create the ultimate feast you've been dreaming of. like lobster mac & cheese. or tender snow crab. so hurry in before new create your own ultimate feast ends.

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♪ ♪ eric: well, the search is continuing for a missing mother in colorado. she disappeared more than three weeks ago on thanksgiving. the 29 -year-old has not been seen since that holiday, and police are searching her fiance's home and property as they look for answers. >> based on information developed during the course of this investigation and because of the length of time, it's been 23 days that has passed since kelsey was last seen, our investigators believe that kelsey's disappearance is more suspicious and that she is not intentionally avoiding efforts to find her. eric: that was live in los angeles with an update. hi, jeff paul. >> reporter: hi, eric. police started the search of her

fiance's home yesterday, but they're back out at his property today and say it could take several days to fully execute the warrant. authorities are also telling us he has yet to agree to speak with them directly. so far their only communication with barrett's fiance has been through his lawyer. >> we have yet to have him sit down with one of our investigators, and that's what we're asking for, is just for him to sit down with an investigator since he was the last person to talk with kelsey face to face, from what we can tell. >> reporter: she was last seen publicly entering a grocery store in woodland park, colorado, november 22nd. on that same day, her fiance says he met with her to pick up their daughter. her mom reported her missing on december 2nd. they later received data showing barrett's last cell phone ping coming from 800 miles away in idaho. barrett's mom says none of this makes any sense. >> she doesn't run off, and someone knows where she's at. kelsey, we just want you home.

call us if you can. we won't quit looking. >> reporter: the fiance's attorney released a statement saying he continues to cooperate with law enforcement and that he was never asked to voluntarily participate in the search of his home. as far as the couple's daughter, police say she is still in her father's custody. eric: jeff, thank you. arthel: well, health care coverage for millions of americans now uncertain after a federal judge in texas rules that the affordable care act is unconstitutional. the white house calling the decision a victory. that and more still ahead on fox news channel. ♪ ♪ rance company tells you they can save you money. save up to 10% when you bundle with esurance. including me, esurance spokesperson dennis quaid. he's a pretty good spokesperson. ehhh. so when i say, "drivers who switched from geico to esurance saved an average of $412," you probably won't believe me. hey, actor lady whose scene was cut. hi. but you can believe this esurance employee,

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>> a 26-year-old man is missing after going overboard from a carnival cruise ship. it happened yesterday 35 miles south of the florida keys. the cruise line calling this a, quote, intentional act. the coast guard has deployed search and rescue teams. >> meanwhile there's been a rare find in egypt. equities minister say they found a private tomb belonging to senior official from fifth dynasty of the pharaoh and ruled more than 4,000 years ago. this tomb was just west of cairo archaeologists say it is well preserved you can see detailed intact statue and original colors they say this is a one of a kind find that can off a great

or understanding of the people's life just think of that. 4,000 years still intact almost perfect condition. >> fascinating that is really fascinating and that's really impressive too. we have to leave now but back tomorrow. jon scott sup next with his fox report. >> have a good night. see you tomorrow. jon: a federal judge in texas reigniting over obamacare after striking law as unconstitutional good evening i'm jon scott, this is the fox report. democrats pledging to appeal friday's ruling which came just hours before the final day of enrollment for 2019. president trump separating the decision as, quote, great news for america, though, the white house has clarified that the law still stands and the ruling has if no efnght on current plans. decision came in response to a legal challenge led by texas involving more than a dozen states. texas attorne