kicked out of animal sanctuary fo for foul mouth. jillian: santa launched from sled in california. sled broke suspending anymore mid-air. crews brought him down safely. and crews continues the parade walking and smiling at guests. rob: that will do it for us. see you later. jillian: have a good day. >> james comey back in the hot seat today after explosive allegations he made in the case of michael flynn. >> they tricked him into not having a lawyer when, in fact, he was not only a suspect but a target. >> the president is dealing with a possible government shut down that's now just days away. >> the democrat party is a simple choice. they can either choose to fight for america's working class or to promote illegal imyanchts. >> trump, all he is going to get with his temper tantrum is a shot down. he will not get a wall. >> bomb maker now charged

with murder in the man's death. >> charged him with premeditated murder would be laughable if it wasn't so serious and disgusting. >> federal judge in texas declaring obamacare unconstitutional. >> the judge's ruling was sweeping. >> one player leaves with a division title and fiancee. >> would you love to be charles -- i mean jennifer marie jr. >> yes. >> i love you, baby. ♪ dance, dance, dance. ♪ creeping um on you to just dance, dance, dance. ♪ all the things i should. brian: there is nothing he sings about that matters. ainsley: he was sober. brian: sometimes songs move you. this one doesn't. he says the same word over and over again. steve: this should move you exactly one week away from

christmas eve. brian: all he wants to do is dance dance dance. ainsley: song from the trolls movie made a lot of movie. he is laughing all the way to the bank. brian: i didn't know there was a troll's movie. ainsley: we have to have battery operated candles so brian doesn't catch fire. steve: looks realistic. thank you very much. one week away from christmas eve and we have got a big show. in fact, today, james comey is going to be back in the hot seat on capitol hill. brian: is he ever not in the hot seat. steve: he would think. so. ainsley: entrepreneurship firing back at both comey and the russia probe as new details are starting to emerge. brian: looks like it's up to me to toss to griff jenkins. stand back, issue. is he in washington to sort it all out. >> happy monday. due ling tweets.

this all started when president trump lashed out when former attorney michael cohen sentenced to 36 weeks in jail. said the directed the president to make payment for fairs. >> remember michael cohen only became a rat after the fbi did something which was absolutely unthinkable and unheard of until the witch-hunt was illegally started. they broke into the attorney's office. why didn't they break into the dnc to get server or crooked's office? >> lawful execution of a search warrant issued by a federal judge, shame on republicans who don't speak up at this moment for the fbi, the rule of law and the truth. now, also, guys. coming up in questions likely will be allegations that comey sir couple ventinged protocol and procedures when he sent fbi agents to the white house to interview michael flynn. some republicans are calling it very troubling. >> in layman's terms,

violated his miranda rights, tricked him into not having a lawyer when, in fact, he was not only a suspect but a target and i would not be surprised a bit that the conviction of flynn is overturned. >> so comey sits down with members of the house judiciary and oversight committees today, guys, 10:00 a.m. behind closed doors oh to be a fly on the wall. it's going to be another busy day in washington. steve: i have a feeling we are going to-to-hear plenty of leaks. last time he was there on the 7th of december a number of republicans wanted to know explain some more why you didn't recommend charges against hillary clinton and the email thing because clearly she was breaking the law. but, as you remember as well, we told you, right next to mr. comey was an fbi lawyer working for the department of justice and every time they got into an area the doj didn't want him to talk about, they go, you don't have to answer that. ainsley: definitely prepped for it. that meeting was on

december 7th when he was behind closed doors. and 156 times he said i don't know. 72 times he said i don't remember. and 8 times he said i don't recall. brian: yeah, what i find is going to come out of this meeting is something no one expects. james comey offered up that situation i called my friend at columbia university and called the "new york times" and sent these letters to the "new york times" to provide the information that would ultimately launch the mueller probe. it's almost as if he doesn't understand the gravity of what he was saying. did you just admit that you leaked? then we find out that that columbia professor actually was being paid by the fbi. and that still hasn't made sense. and then during his hours of testimony, the stuff that the lawyer allowed him to answer he said, yeah, through the chaos of this white house, we were able to do something the bush administration, the obama administration wouldn't have allowed. they allowed two fbi agents to show up and interview michael film in the situation room without a lawyer, without an attorney. so that never would have

happened with a more organized obama and bush white houses. almost bragging about it. ainsley: did you hear darrell issa over the weekend? he said michael flynn's guilty plea should be thrown out. he would not be surprised if that happens. steve: he will be sentenced tomorrow. jim jordan the incoming minority leader of the oversight and reform committee he will have a lot of questions for mr. comey. we will talk to him at 8:15. meanwhile the big question is what is going to happen between today and friday? because, by all looks, it looks as if the republicans in the congress, with the white house, and the democrats are on two different planets. and unless the president gets his $5 billion for the wall, the government is probably going to shut down. ainsley: there are seven spending bills that expire at 12:01 a.m. on saturday morning. and the president is prepared for at least a partial shut down if he doesn't get that $5 billion.

brian: paul ryan sent the house home and we don't know who is coming back, a lot of them lost their jobs, a lot of them retired. what you are going to need is a vote to get 5 billion over to the senate to get the 5 billion. not going to get it because you need 60 to pass it through. the question is where is the compromise here? because shuman said this yesterday. is he enjoying what he says is a lack of willing room. wiggle room. >> they should join us in one of these two proposals which would get more than enough votes passed and avoid a shutdown. if the president's to debate the wall next year he can is he off on a deep hole. all he will get is a shut down not the wall. ainsley: they can provide 5 different options is he not going to allow it because he wants 5 billion. steve: republicans are working on stop gap things that would essentially kick the canal down the road for a couple of weeks. and wait until the democrats

take over and let them worry about it. brian: democratic road because they will be in large with more leverage. steve miller long time aid to the president one of the last surviving former representatives worked with senator jeff sessions said this about what the president is prepared to do. >> this is a very fundamental issue. at stake is the question of whether or not the united states remains a sovereign country. whether or not we can establish and enforce rules for entrance into our country. the democratic party is a simple choice. they can either choose to fight for america's working class or to promote illegal immigration. you can't do both. steve: now all signs indicate because they are at impasse that there is going to be a government shut did you know. would it impact you with your social security check and your medicaid check? no. but it would impact hundreds of thousands of federal employees. apparent lit statue of liberty would stay open. might last a couple days or

couple of weeks. clearly the president after he went out on the limb oval office meeting with chuck and nancy a week ago he said i would be proud to shut down the government over. this this is his alamo. and is he going to fight over it. this is one of his foundational aspects of his agenda to secure the southern border and if he can't get $5 billion, why bother? brian: senator susan collins had a proposal to give him 2 2.5 billion for the wall. they know some of it is going to be fence and virtual and solid wall. wwe we get it that's the president's compromise. i don't want the wall 2,000 miles the whole place that's it. going through the stud i couldn't have to see through certain areas to make the border patrol more effective. i would think they should take up susan collins' idea. she is bipartisan by definition. bring 2.5 billion for the wall. made the most sense over the weekend from everything on obamacare to the president's investigation and even on this.

ainsley: could it pass? could it get through the house and the senate? steve: right now here is the thing the democrats are saying we will give $1.3 billion which is less than the 1.6. ainsley: 1.3 is what they gave last time. steve: if they got the 2 billion from her that would be a win for the president. i got more than i was going to. brian: both sides claim victory or some compromise. steve: check him for a fever again. brian: you can't check yourself for a fever. ainsley: chuck schumer insisting he is not going to get his wall. he is not voting for it. brian: he is always so understanding. steve: jillian joins us first time this week with the news. jillian: first time this week because it is mobsd. happy monday, everyone. get you caught up starting with this. final farewell this week to a rookie georgia officer killed in the line of duty. 340er78 service being held for 24-year-old officer

edgar flores tonight. he was shot multiple times during a traffic stop. 46th officer to be shot and killed in the line of duty this year. the co-founder of the popular hq trivia and vine app. found dead. police discovering his body inside his apartment. there was reportedly drug paraphernalia inside the home. 34-year-old's cause of death is still unknown. a live look at capitol hill where today senate lawmakers will vote on a bipartisan prison reform bill. republican leader mitch mcconnell trying to get it done before the end of the year. senators will hold the first vote today to see if they have the 60 they need to push it forward. the bill reduces some prison sentences and expands programs. jillian: chicago bears beat the green bay packers and earning first division title in 8 years. the victory wasn't the only thing one player was celebrating. >> would you love to be charles -- i mean jennifer

marie jr.? >> yes. >> will you? >> yes. >> do you accept? >> yes. >> i love you, baby. >> offensive lineman getting a yes as he proposes on the field. what an exciting day. brian: almost as exciting as the eagles beating the patriots. jillian: i woke um this morning and i was like what? brian: patriots lose two in a row. ainsley: did it end really late? jillian: yes. brian: obamacare on life support after the judge rules it is unconstitutional. indiana attorney general curtis hill joined the fight against it and calls his decision a victory for all americans. he joins us next. ainsley: plus a new addiction in america the number of teenagers using ecigarettes is spiking. alarming new study out this morning ♪ i've got to tell you

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>> steve: a federal judge striking down obamacare as unconstitutional on friday. next guest praises the warning stating this

landmark decision is a victory for all americans who believe in the principles enshrined in our u.s. constitution. joining us is that man indiana attorney general curtis hill. good morning to you. >> good morning. steve: this judge down in texas said when the congress stripped the individual mandate, essentially out of obamacare where they reduced the penalty to zero. that's what made it unconstitutional and that's why they got to go back to the drawing board. >> that's exactly right. obamacare was predicated on the ability to tax, congress' authority to tax. that's what the supreme court decided in 2012 last year december 22nd congress repealed that provision of the bill. that made the linchpin obamacare invalid we filed action as a result. steve: obviously it will be appealed to the appeals court and probably go to the u.s. supreme court. then what happens? >> well, this is an opportunity for congress to act. this -- our decision the

attorney generals made a decision based on the law. congress has to go to work and find ways to constitutionally provide healthcare for all-american citizens. steve: it's become a political hot potato. graphic shows 16 states including the district of columbia that plan to appeal the obamacare ruling. also chuck schumer plans to vote to intervene to fight in the senate although i don't know what they actually could do regarding that. >> it's quite a simple process. it's in the courts. it's really a matter of congress' authority to tax and once the tax was removed, there's no longer a constitutional basis for obamacare. it's quite simple. it's one of the most simple aspects that i have seen in our legal status. steve: doesn't this kind of go back to when john of the chief justice john roberts turned it into a tax writing 2012.

>> 2012. steve: to save the thing. >> we were shocked to determine the constitutionality of obamacare based on the tax authority of congress was sort of a shocking decision. and that's what it is based on want the individual mandate is the linchpin it covers the entire aspect of the affordable care act. if you remove that tax, then the individual mandate fails and congress itself said that the individual mandate was what made obamacare work in the first place. steve: okay. so that's the legal stuff. now let's get down to the practical stuff. there are millions of americans who have obamacare. my daughter has got it although the deductible is so high she has never been able to profit from it, benefit from it. what happens to the people who have obamacare right now? >> right now nothing is happening in that sense. the case is going to be appealed. it may take months, years to get to the supreme court. in the interim, it provides congress with a real opportunity recognizing that obamacare is on life support to pull together and make a determination of the things that we need to do to

provide sufficient healthcare for all americans including pre-existing conditions. americans are determined that's something they want to consider. put all those things on the table and resolve this but within a constitutional framework. steve: do you really think congress is going to get together on fixing this thing? >> that remains to be seen. it hasn't happened yet. that's why we have attorneys general in this country making sure we push for that. steve: let's see what happens next. curtis hill attorney for the great state of indiana. >> thank you, steve. steve: this decorated war hero is charged with murder and faces the death penalty after killing a taliban terrorist who is a bombmaker. this morning, president trump said he will personally review that man's case. retired green bray commander lieutenant colonel michael waltz is here to weigh in on that. is he here next. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours

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steve: we have quick monday morning headlines from around the world british prime minister theresa may will shoot down prospects of a second referendum later today. according to may it would break faith with the british people who voted in favor of the plan back in 2016. may pulled the vote on her brexit deal last week over fears it would fail and that would be bad for her. french president emmanuel macron approval rating now dropping to 23% as some protesters call for his rifltion again. paris dealing with the fifth straight weekend of protests. more than 60,000 people filling the streets demanding more from macron even after getting a minimum wage hike and a tax cut. brian, ainsley? ainsley: thank you so much. brian: amazing what happened to trump's enemies in

europe. once decorated war hero who fought for our country overseas a decorated war criminal. matthew goldstein could face the death penalty after he admitted to killing a taliban bombmaker while overseas back in 2010, a confession he made right here on fox news. >> bret: did you kill the taliban bombmaker? >> yes. >> willingly offered up these details. >> right. ainsley: the army reopened that case after bret baier's interview officially charging goldstein with murder. joining us now is florida congressman elect and former green beret commanders lieutenant colonel michael waltz. thank you so much for being with us. >> thank you, ainsley. ainsley: thanks for coming on and thank you for your scfs. >> sure. ainsley: what is your reaction to this? the president weighed in on this. he tweeted out he will be reviewing the case and called him a u.s. hero. apparently he went and killed this bombmaker and that bombmaker was not on

the kill list. what's your reaction? >> the critical piece here was the bombmaker actually in american custody and being detained? i want to be clear. you cannot, that is against the jeengs and rules of engagement. you cannot execute prisoners once they have been detained. however, we are putting our servicemen and women in an impossible situation out in these areas because we are capturing taliban all the time and there's nowhere to put them. either they have to meet a very high threshold and be very senior to go back to guantanamo bay. remember, back in 2010 obama administration wasn't allowing anyone to go to guantanamo bay or release them to the afghans which basically have no judicial system to speak of out in these provinces or release them back out into the afghan society where they go back and they kill everyone who worked with us and worse they kill americans we have

set them up for failure with the rules of engagement and that's something i want to take a hard look at. brian: he is not somebody suffering from ptsd in battle because two days later he earned the silver star and upgraded to distinguished it was next highest medal possible. he is a special operator. i would say this. we don't know exactly how he killed this guy. we do know he didn't back away from it. when he was trying to get into the cia with a polygraph he answered yeah i killed this bombmaker because he eyeballed one of my assets in the field that was helping us that guy got scared and realized i have to let this taliban guy out there is he going to kill this guy. >> the major clearly thought this was in the rules of engagement and owned up to it. then i think he was talking to bret to highlight what

i'm trying to highlight this kind of impossible situation where we have these guys set up for failure. i always thought this investigation was very odd original one in 2013. on one hand the army didn't find enough to charge him with anything. yet, they found enough to strip him of his silver star. kick him out of special forces. basically end his career. something is very odd there. i think we need -- i don't know what new evidence they could have possibly found in the last three years. it's something i'm going to keep a close eye on as go forward. >> he said he was defending americans u he made bombs and he had to kill him to defend his own people. the pentagon released a statement. they have said the allegations against major matt goal stein are a law enforcement matter. the department of defense will respect the integrity of this process and provide updates when appropriate. what's your response to that.

>> the army leadership that i know has to stay out of it. results of the investigation, you can't have undue commands influence. i want to stress the situation here. we have servicemen and women out in afghanistan as we speak. if they capture the taliban that they know are involved in killing americans, they either have to have to try to get them back to some prison facility which doesn't exist in afghanistan anymore or they have to release them knowing they are going to go back and kill more americans. that catch and release system is impossible. we set these guys up to fail. ainsley: why isn't he on the kill list if he is making bombs? >> you have this whole process to get them on the kill list. that's where it gets really gray. the ground commanders should have some discretion on whether we can take that guy out. brian: right. >> it's the problem is once have you detained them what

major goal stein was staying if he was released and follow the rules of engagement to take him out. that's the gray area we have to figure out. brian: the president says he is going to review. this he hasn't been convicted yet. we will see how that goes. >> he also has the power of pardon. my problem is this problem exstill elksist exists today. brian: going in as a congressman can you get answers that we can't. so hopefully you can do tha that. >> that's exactly what i plan to do and one of the reasons i ran, brian. thank you. ainsley: congressman elect thanks for coming. >> in thank you. ainsley: thanks for coming on with us. james comey heading back for round two behind closed doors. next guest says there is one question he needs to answer and he joins us next. brian: want beto o'rourke running for the white house? is he ready? ainsley: this little boy gets a gift he never

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♪ rocking around the christmas tree ♪ at the christmas party hop ♪ tries to stop ♪ rocking around the christmas tree ♪ at the christmas jubilee ♪ maybe we'll have some pumpkin pie ♪ and we'll do some caroling. steve: thanks for jib jab for having me take the pumpkin pie out of the oven to promote the cookbook. jib jab has been doing this for "fox & friends" for years. this year can you see our buddy dan bongino, former new york city cop, secret service guy, spy gate author. ainsley: and our dance partner. steve: congratulations you made jib jab, baby. >> this is it. i have made it i think with the facial hair and the goatee it brings it to the next level, too.

don't you think? that was for real. i have made a bucket list full. steve: i love your singing voice. ainsley: i love your dancing ability. look at steve there. brian: jib jab people you would be on our couch full time the four of us. >> my family is going to get a kick out of this. they are still sleeping. my office here is next to the bedroom and she gets mad at me for yelling and screaming this morning. she is going to love. this it will make it all worthwhile after today. steve: she could be listening through the wall and when you go back in why did have you alvin and the chip monks turned on? ainsley: let's talk about what's happening in washington today. james comey is going to be back behind closed doors talking to house republicans. i know you have some questions that you want him to answer and we wanted to get your reaction. what do you think we can

expect? >> here's the biggest question of all for comey. why the heck was mike flynn interviewed in the first place? here, i want to show you something here. this is on my phone. this is a screen shot of a "the washington post" article the day before mike flynn was interviewed at the white house. let me read the title of the article for you. fbi reviewed flynn's calls with russian ambassador but found nothing illicit. there it is right now. the fbi the day before they interview flynn for, what, a logan act violation? that's not even serious. never been successfully charged in the history of the united states. it's not even unconstitutional. leaked to the post the day before there was nothing illicit. why were you interviewing mike flynn at all? brian: what is the logan act? working with the enemy. did jane fonda get that? we saw video of her with the enemy. so, i mean, you've got to be kidding you are going after him for this reason? other thing to keep in mind we are getting more details why the fbi felt as though lieutenant colonel michael flynn might not have been

lying. he walked in and shook their hands and felt like one of the guys. he offered them a tour of the white house. he sat down there. he thought they were talking among two buddies. they used that to advantage. he had learned to believe the lies he was telling. really? what a huge leap that is. he was convincing in the lies because he believed the lies he was telling. how does he do that? how does the lieutenant general with 33 years of military experience feel that comfortable lying? >> yeah. there is some other real gems in there, too. in the paperwork thats would filed. one of them is that flynn was obviously, given his history in the defense intelligence agency flynn had told andy mccabe that he was aware that they had transcripts of the call. so, brian,. brian: did i not know that. >> yeah. yes. he was aware of it. so, he said to him at one point you know what was said. here's where i'm going with this. don't you think that it's at least possible that flynn may have taken this plea because he was being bullied

financially because he was afraid his family would be prosecuted? and he may have had a legitimate -- he may have legitimately misremembered his conversation? he knew the fbi had transcripts. this is not a stupid guy. this is an american patriot. this is a hero here. steve: go back to your screen shot you were just talking about, somebody at the department of justice in the trump administration leaked to "the washington post" that information to make the trump administration look bad. that is a felony. where's that leak investigation? >> yeah. dave ignatius of "the washington post" was on the receiving end of mike flynn's name as part of an unmasking operation. steve, this is a felony. it's not a misdemeanor. it's not mattress tag ripping off. this is a felony. where is that investigation? nobody knows. the press was intimately involved in this. again, i still can't figure out why mike flynn was

interviewed in the first place. this is all getting lost. this is the one investigation that the sole purpose of the investigation is to produce crimes. not to investigate. brian: whole thing is if you look at the president's inaugural committee, his campaign, his administration, now his business practices. everyone around him, i have never seen an offensive attack, a legal offensive attack like this in my life on even john goty. why is this allowed as if george h.w. bush 43 was -- george bush was attacked constantly because of the 500 votes in florida. imagine he couldn't govern the country because they didn't like the outcome. they stand back. move over and let him be president. they refuse to let this man be president. >> yeah. this is a scam of the century this investigation. it rereminds me, remember the tax funded bridge to nowhere? this is the investigation into nowhere.

it's a taxpayer funded. they will find nothing in it it's a train wreck. brian: going right for his jugular. >> at best they came up with a campaign finance violation that's the best have you got after $20 million. steve: he is now a star on jib jab. dan bongino go wake up. brian: no necks. steve: this one no ears either. ainsley: really awkward. jillian: still following the story about the missing mother from colorado. let's start with that police search fiance's home for two days. they have not said if they found any evidence related to kel say barrett's disappearance. her fiance is the last person to see her when he picked up baby daughter on thanksgiving. there is a $25,000 reward for information that leads to kel sea. teen videotaping has doubled this year. new survey finding 21% of high school seniors use the

electronic cigarettes up from only 11% last year. experts say it could be due to how much videotape devices look like computer flash drives so teens can use them discreetly. finding alcohol and prescription opioid use dropping among teens. democrats seem convinced that a failed senate candidate could win the white house in 2020. beto o'rourke now acknowledging that it's fair to ask whether or not he is even ready to be president. the texas democrat telling the dallas morning news it's, quote: a great question since he couldn't win a majority of votes in his own state. he says he hasn't yet decided if he will run just stop what you are doing and look at this. the outcome boy gets the best early christmas surprise he could ask for. >> whoa. >> what is it? >> what is it? [laughter] >> oh my gosh. jillian: look that embrace and emotional moment

offering a powerful reminder sacrifices service members and their families make to keep us safe. ainsley: sweet. christmas time. steve: i watched the whole video they hug forever. ainsley: early christmas present. mom said you can open one christmas present early the big one. brian: a gift to have janice dean every day. janice: oh my gosh. steve: look at that big crowd. janice: look at this. it's 6:30 in the morning. hi, everyone. how are you? a bucket list for holly. get over here. >> i am here. >> where are you from. >> we are from pennsylvania north of philly. janice: we check that bucket list. are you all fox fans? [cheers] janice: i'm officially woken up at 6:30 in the morning. it's amazing. take a look at the maps real quick a nice day in new york city. that big storm system is off the coast and we will say bye to that. much of the country by the way is at or above average. we will take it. this is the storm we are going to be watching over the next couple of days bringing coastal rain to the

west coast and mountain snow. otherwise, the rest of the u.s. remains pretty quiet which we like. look at all these beautiful faces and our cameraman is going to look at everybody. mornings are better with friends. holy moly guys, 6:30 in the morning, i'm so excited. ainsley: big crowd out there. so many people visit for the holidays. steve: some people come to look at the windows and the lights. ainsley: 43 minutes after the hour. jim jordan, martha maccallum they are both here live. brian: separately. stock markets are ready to reopen after a roller coaster trading. stuart varney. don't let me down. >> i would never let you down ♪ life in the fast lane ♪

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steve: little less than three hours from right now the stock market is ready to reopen following the dow's falling 500 points. lowest point since the past may. ainsley: financial experts claim these fluctuations can actually mean record highs for 2019. brian: here to break down what it means for your wallet the host of varney and company from 9:00 to noon every day on fox business network stuart varney. >> yes. brian: back up that opening statement. >> back it up? the market goes higher next year. your 401(k) does well next year if certain conditions are met number one, if we get a trade deal with china. if we don't get a trade deal with china, and we sink it to a really nasty fight with tariffs on both sides, this economy could really take a hit and so will the stock market. so, condition number 1, fix the china trade fight. condition number two, you

don't want to seat federal reserve raising interest rates too rapidly, too fast and too high. i don't think that's going to happen. but that is a consideration. all these political scandals. so far, no impact on the stock market whatsoever. so i would say yes. there is a good shot at your 401(k) doing well next year because we got a very strong holiday season, wages are rising. and there is no sign of a recession on the horizon at all. but you have got to fix trade and have you got to fix the fed. do that yeah. you will make some money. ainsley: what are the democrats preparing for 2020? >> i don't like the look of it. it's a case of give them some money. i think the. steve: what's the matter with that? everybody likes money. especially free money. >> it's mine going to somebody else i have a problem with that the debate is shaping up for 2020. on the left, you have got a dozen candidates, many of whom are calling for give

aways. monetary, financial give aways. sherrod brown, for example, democrat ohio. he wants to rapidly increase the amount of money you get in your earned income tax credit to cut short, that is a check from the treasury given to poor people once a year. kamala harris wants to do the same thing, she would make it a monthly check given to poor people from the treasury each year. cory booker democrat, new jersey, he wants every child born in america to get $1,000 bond the government would add to that a couple thousand dollars each year in the age of 18, free money. i call it buying votes. that's what it is all about. steve: all they have got to do to buy those votes is jack up those taxes on the people who pay taxes. >> that won't work. when you jack up taxes on people who pay the taxes you slow the economy and therefore got more need for more welfare and more give aways. steve: you have an answer for everything, right? >> they want to make america like europe and i have got a fundamental problem with that. brian: right. we have record revenues from this tax cut. more revenues coming in.

we have a spending issue. >> just wait in the first quarter of next year. huge inflow of money to the treasure richmond. brian: let's keep in touch. >> okay. steve: watch you later today on fox business. democrats refusing to budge on border wall funding amid the countdown to the friday shut down this week. corey lewandowski has an idea to pay for all. >> if the president has to use the military to build this wall or use funds from the military, then let's do that. steve: what's the white house saying about that this morning? we are live in d.c. coming up. brian: could being the greatest breakfast invention ever bacon vending machine. steve: christmas came one week early ♪ ♪ before you ask some girl for a hand now ♪ keep your freedom for as long as you can now ♪ my momma told me ♪ you better in 24 hours, you'll send him off thinking you've done everything for his well being. but meningitis b progresses quickly and can be fatal, sometimes within 24 hours.

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>> bacon! steve: it is a fact people love bacon. we have a vending machine to. ainsley: debuted at ohio state university to raise money and college kids of course are loving it here to join us meghan winters from the ohio pork council. thank you both for being with us. >> absolutely. thanks for the opportunity to be here. >> we were here yesterday and we gave away bacon to all your staff and you all invited us back. we do feel as though bacon should buy us breakfast. we are back here today. steve: where did this idea come from, meg dan. >> we were trying to figure out a new and fun way to promote pork in the state of ohio. why don't we have a bacon vending machine. steve: exactly. >> bacon vending machines are kind of hard to come by. we made our dream a reality and here we are today. steve: all right.

very good. steve: as i understand it's been a fundraiser for ohio state? ainsley: oh no, we need a new machine. [laughter] steve: got to work some of the bugs out. >> we originally did this as a fund raiser for the ohio state meat science department. >> look at her, i thought i heard change come out. you got a box of bacon for a dollar that's a great deal. >> all ready to eat and ready to go. ainsley: what are you going to get? >> i will go with the real bacon crumbles. ainsley: this is fully cooked bacon? >> yes. >> janice, you want one? come over. we will do a strip of bacon. >> we originally did this as a fund raiser for the meat science. kind of how farmers give back. ainsley: janice, help yourself. janice: this is okay? >> it does taste better warm up. steve: bacon crumbles is delicious. this is fantastic.

janice: very good. steve: how soon until we see one on every corner. >> a little bit. ainsley: i love christmas time at "fox & friends" everyone brings food. steve: we have steve's cookbook and bacon vending machine january january can you leave this in our green room. >> we will she what we can do about that. as folks go out to buy christmas ham one thing we like to remind them you are support an american farmer when you do that these farmers give back to country for food science departments and foodbanks and everything else. ainsley: does every state have a pork council. >> every state has a pork council and a national. steve: as a former president of the future farmers of america. >> there is more. we will take care of you. steve: this is delicious. ainsley: thank you so much. ainsley: president trump's attorney rudy giuliani says there is no way president trump will sit down with

special counsel robert mueller. >> over my dead body but, you know, i can be dead. i'm disgusted with the tactics they have used in this case. steve: rudy was just getting warmed up. plus, the first lady's spokeswoman stephanie grisham joins us live. congressman jim jordan, martha maccallum and we have got a vending machine that's kicking out bacon. >> bacon! from the very beginning, it was always our

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♪ steve: unless the president gets his $5 billion for the wall, the government is probably going to shut down. >> the president has to use the military to build this wall or use funds from the military, then let's do that because there is nothing more important than the sovereignty of our country. ainsley: fired fbi director james comey heading back for round two behind closed doors. >> here's the question for james comey why was mike flynn interviewed in the first place. >> rudy giuliani says president trump will not sit down with robert mueller. >> they are a joke.

>> former green beret now charged with murder in the taliban bomb maker's death. >> owned up to it. >> obamacare is on life support after a judge rules it's unconstitutional. >> this was an opportunity for congress to act and make sure that we do find ways to constitutionally provide healthcare ♪ the heat is on ♪ the heat is on ♪ the heat is on ♪ on the street ♪ steve: yep, the heat is on. it is the monday of the last full week before christmas week. thank you very much for joining us. just a side note, that bacon was delicious. ainsley: it was good. you missed out. brian: it's a shame. ainsley: we have more. steve: he is not a big bacon fan. brian: i'm not anti-bacon i just don't participate in the bacon festival. steve: more for us. brian: quick note, bacon bits are actually soybean.

steve: those were actually bacon. ainsley: bacon bits were almost like a jerky. steve: i think you are talking about baccos. brian: sizzlean overbay con. i can't believe it's not butter over butter. steve: baccos might be soybean. we will have the break room get on this. thanks for opening that can of bacon. ainsley: china will be buying more of it. brian: is it a shutdown or show down. steve: it's a shutdown show down. brian: battle heats up over president trump's border wall. ainsley: this is a live look at capitol hill congress has until midnight on friday. 12:01 on saturday to strike a deal on border security funding or actually everything expires at 12:01. steve: we have confused you so now kevin corke is going to explain it all.

kevin, the government might shut down unless the president gets $5 billion, right? >> spot on. i asked a senior administration official this morning souter of describe for me the president's mind set on this. he said listen, kevin, he is all in on this despite the political riff. there is a sense that listen, americans, as he went on to tell me, have had enough when it comes to illegal immigration. besides, the thinking is, security trumps politics on this issue. but, i can tell you democrats say a wall is simply bad policy. >> the impact won't be huge, to be quite honest with you, again, it's a sign of the dysfunction in washington. we have got to figure out how to come together here around some basic budgets. we believe in border security. i believe in border security. we have technologies today that are far surpassed a wall. >> so now it is up to lawmakers as you all pointed out to make a deal or risk a

prolonged shut down. now, to be specific it would be a partial government shut down. it would happen effectively friday at 11:59:5 that's when the money runs out and you have to make a deal. it looks like they may make a deal we will find out together. brian: sorry about the confusing toss. we will make it up to you later. for tim ryan very reasonable in that interview. understanding something. go to the border and ask them if a wall barrier, fence works? they say yes, it helps. no one says it's a cure-all. it's got to be a combination. i get it. there are certain areas where you can only -- you need a barrier. in fact, there are areas in which it's all got to be improved. steve: brian, the democrats say a wall is unnecessary and it is wasteful and that's why they are against it. so, if the president is looking at all the departments that have money, who has got a lot of money and could address what he regards as a national security issue, our southern

border. well, that would be the pentagon. the pentagon has got a lot of money and over the last couple of weeks people have been in the administration have been suggesting well, if we don't get the money from congress, maybe we could tap the pentagon. here's corey lewandowski. >> the republican philip congress for the last two years has been open border republican leadership. and paul ryan was very clear he didn't want the wall. he fought the president every step of the way. they have now funded $1.6 billion for the wall on multiple occasions but if the president has to use the military to build this wall or use funds from the military then let's do that because there is nothing more important than the sonkt o sovereignty of our country. steve: you know the democrats would howel howl and y that's not why we gave the pentagon all that money this past time. that is separate that should be the department of homeland security and department of homeland security is one of the agencies that would run out of money as of midnight on friday. brian: there is a compromise

bill. susan collins put it out there. got democratic support give 2.5 billion this year and over the next 1020 fully 1010 ty fund the border wall initiative. it wasn't a solid wall. we all agree now the solid wall doesn't make sense. the president went and saw it himself. go back and visit. this she has a lot of credibility with democrats. susan collins' plan should be revisited but let's move on. steve: let's do move on. rudy giuliani made it very clear yesterday the president of the united states will sit down and talk to robert mueller's team given one condition. >> over my dead body i could be dead. i'm disgusted with the tactics they used in this case what they did to general flynn would result in discipline. they are violating the laws. looking a noncrime collusion. other one is looking at non-campaign violation which are not violations. they are the ones violating the law, the rules, the

ethics. and nobody wants to look at them u. steve: the president will talk to robert mueller over rude yption dead body. that's the condition. brian: on meet the press rudy giuliani indicated he wasn't supposed to talk about conditions that led up to the interview because after he submitted the written questions they were going to talk about maybe sitting down for an interview. got really worked up because him and chris wallace sparred pretty heavily. he was a little bit more accommodating earlier. ainsley: we were asking. i said he, brian, didn't the president already answer those questions and turned in the questions? you said that was for collusion. steve: all those questions, the written questions that they answer were regarding russia and collusion. there is still a lot of questions they have got unanswered about potential obstructions of justice and those are the ones that apparently it sounds like they have been negotiating behind the scenes with rudy and the team to get the president to sit down. yeah, mr. president, we just have a couple of quick questions for you. why did this happen? ainsley: this investigation has cost so much money.

more than $20 million, been going on a year and a half. dan bongino was with us earlier. this is what he had to say about the investigation. >> i still can't figure out why mike flynn was interviewed in the first place. this is all getting lost. this is the one investigation that the sole purpose of the investigation is to produce crimes not to investigate. remember the bridge to nowhere. the taxpayer funded bridge to nowhere? this is the investigation into nowhere. it's a taxpayer funded disaster. they will find nothing in it. it's a mess. it's a train wreck. brian: add to, this the president is going to be for -- inauguration, campaign, on anything michael cohen touched with credibility. anything that's corroborated any of michael cohen statements that are corroborated are going to be troublesome for the president. anybody thinking about running for president that's ever done business on any level has got to think twice because now they have

gotten -- been able to off ramp all this stuff. every single thing the president has done in his adult life is now under examination. can you please tell me in what country that is fair? steve: well, you know, and this is why the president has had so much frustration with, you know, the former attorney general jeff sessions having to recuse himself which urelg spawn the special counsel and that got us to where we are today. we don't know the scope of his investigation because then attorney general jeff sessions and rod rosenstein auto would not reveal to congress what the scope memo said because they had to go back after they started it to figure out what we are going to look at. and so far we don't know. ainsley: all right. let's hand it over to jillian who has more headlines for us. hey, jillian. >> that's right. we are following a fox news alert right now. the u.s. military killed 62 terrorists in the african nation in somalia. four separate airstrikes killed members of al shabaab extremist group with ties to al qaeda. picked up under the trump

administration. there have been more than 40 this year. president trump. the president tweeted at the request of money i will be reviewing the case of the u.s. military hero matt golsteyn. he could be faced with the death penalty from our own government after he admitted to killing a terrorist bombmaker while overseas. lieutenant colonel michael waltz joined us earlier to react. >> we have set these guys up for failure with the rules of engagement as they stand. the major clearly thought this was within the rules of ingame and owned up to it? >> major matthew golsteyn's father jerry will join us live in the next hour. fired fbi director james comey back on capitol hill today he and president trump going back and forth on twitter over michael cohen and the russia investigation. that's expected to come up along with accusations that comey broke protocol in sending fbi agents to the

white house to interview michael flynn. the closed door meetings with the house judiciary and oversight committees scheduled to begin at 10:00 eastern. a look at your headlines. another busy day. steve: we have jim jordan coming up in the next hour. brian: the media has been attacking first lady melania trump nonstop. >> she has now adopted this whowhoa is me attitude. >> that grievance that she carried very publicly. brian: first lady spokesperson is here live to react to that. steve: hoping beto o'rourke runs for president. remember, he couldn't even win down in texas. running for senate. are democrats betting on the wrong man? some are wondering: we're talking about that coming up. ♪ running down a dream ♪ ♪

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♪ brian: all right. 15 minutes after the top of the hour. i hope you are dressed. first state in the nominating process voters in iowa already showing they like beto o'rourke th the

prominent democrats comparing him to obama. david axelrod tweeted this out having not visiting iowa he finds himself where obama did. obama was third in a crowded field john edwards was ahead followed by hillary clinton. tezlyn figaro. does it mean anything to you? >> yeah. it means quite a bit. it means that the democrats are continuing to play games like they did in 2016. i don't know what axelrod is talking about saying it's interesting. it's not interesting to me. it's quite clear that the media has once again chose who they want to be the chosen one on the left by propping up beto completely just forgetting about harris. forgetting about booker and forgetting about abrams and other candidates that have done fairly well in recent elections. it's not interesting. they are choosing. you have biden's team advisors running around chasing him like a high school crush. nothing against beto. i'm sure is he a great guy. at the end of the day we are going to put candidates who

lost the race? go ahead and put all the candidates who lost and see how they farewell and let the american people make the decision who they want to be their candidate. brian: you see putting hand on the scale. first place why biden and then bernie sanders and then elizabeth warren. bernie sanders and elizabeth warren met. any word what they spoke about. combining forces one of them dropping out? >> i don't have a word on what they spoke about. i do have a word for sanders. he needs to figure out what he is going to do. either make a move or move or move around. his supporters are becoming increasingly frustrated with sanders saying i'm going to see what the grass root supports say. the grassroots was there in 2016 senator either you are running or not. the attention is completely being sucked up by beto. it's becoming irritating to continue to pretend is he running or not running. either you are or not. continue to move forward with the process.

brian: what lead shahid writes this the thing i fear about beto o'rourke like emmanuel macron super charismatic. really good organizing and speeches then on policy is he going to surround himself with wall street backers because he doesn't have any strong ideas. is that a worry that you share? >> well, it's not a worry. it's a worry that i look forward to seeing everybody being exposed for who they are. a lot of people say is he progressive. i have been on the show many times. i say i'm not a socialist. i worked for sanders because he was antiestablishment. by positioning beto as progressive when you look at his policies over the last 20, 30 years all these candidates will have though show are they as progressive as they say they are? do they partner with wall street? this is what happens and why we need at least 15 or 116 candidates actually running so we can look at the books and go back and see what they really stand for. and one more thing, brian, i want to make it very clear because i'm here to remind whole step away you have a lot of resentful people the

same way did you with sanders who also support candidates like stacey abrams. let's be clear about that. the democrats are really making some big major steps in the wrong direction. brian: right. you have 30 people out there. it's not even 15. it's 30 people. we know most of the names, too. that really think they are considering running. there is a loft things you are looking at beto o'rourke's record and i have got to run that shows he voted present on a lot of key moments which might be a good political move but doesn't help the voter. >> but they won't run, brian. you remember the last time you and i spoke they will certainly sit out of the nancy pelosi race. guess what they did? they set down. a lot of people saying they are running, talking a good game. most of them won't run it most of them will be told to sit down and they will. that's the unfortunate part and why they continue to lose people like me as voters. brian: any nominee would be smart to hire you. thank you, tezlyn. >> thank you. brian: she is fired up this

morning. one of the attorney general's behind the obamacare lawsuit says. this obamacare is on life support to pull together and make a determination of the things we need to do to provide sufficient healthcare. brian: yeah, so what happens now? our panel is here to discuss next. i'm not done reading yet. this is an that's sleigh ride didn't go as planned. christmas crash at disney land. yeah, sometimes things go wrong ♪ ♪ i tell everyone to take the ancestrydna test

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ainsley: time now for news by the numbers. first $30 million, that's how much cocaine the u.s. coast guard seized in a

massive drug bust after 10 hour high speed chase. three smugglers transferring 33 bales of cocaine. next $25.3 million. that is how much serious is planning to give its top executives. a judge approved the bonuses, according to the chicago tribune the department store filed for bankruptcy in october. and finally, number one, washington is the state with the most christmas spirit. a new survey from internet providers century link bases the rankings on online activity in area culture. south dakota and utah rounding out the top three. steve? steve: all right. thank you very much, ainsley. new obamacare show down heating this up week after a texas judge ruled the law unconstitutional? what happens next? let's bring in a great panel on the left democratic strategist nathan reuben. democratic have to nist noelle nikpour is in the center square and dr. marc siegel joins us live screen

right. dr. siegel, let's start with you. when the republicans stripped out the mandate there was no penalty declaring it unconstitutional. >> something to that because chief justice roberts only voted for this because he was able to maneuver it so it was a tax. now congress has gotten rid of the tax and the mandate stands and it looks more like the penalty it was. of course, there is nothing to collect but that makes it appear unconstitutional. now, the supreme court, which may actually end up seeing this case, steve, may use servability to say it can stand alone. this one size fits all obamacare which is incredibly expensive and has to be subsidized up the wazoo is unpopular. now is an opportunity whatever the supreme court decides, if it gets there, for people to debate this and fix a turkey. it's really a turkey.

steve: you haven't liked it since the get-go. republicans are going to take away your healthcare, now the democrats are going to have to work with the republicans and come up with something, right? >> that's absolutely right, if it does make its way through the courts and ultimately ruled unconstitutional. with that said, we're going to be in a position where if it is ruled unconstitutional, millions of people could lose their health insurance and that's a big issue. that's something that in the lead-up to the 2018 elections, democrats ran on protecting healthcare for millions. and republicans, and donald trump specifically said we will protect pre-existing conditions. now they are in a position where they have to live up. steve: here's the thing as you remember your side said the republicans are going to take your healthcare. we are going to protect it. had you no plan. now it's time to have a plan. >> i don't understand why it's on our side to have a plan where when people who took away the healthcare are the republicans. [laughter] look, and think about how can we provide universal coverage to every american because ultimately what's resonating with the american people is you shouldn't have to go broke if you are or a

loved one gets sick. >> okay, you guys, i really feel like healthcare is a bipartisan issue. i really resent the fact, you know, right, left, right, left, on healthcare. everybody, you know, deserves to have access to good healthcare. and i really think that right now with what, you know, the judge's ruling, what we were talking about, i really think this is a time that we can maybe get something bipartisan work out with crafting something new. steve: both sides noel have been dug in for so long. >> they have got to come together on common ground. do you know what's going to happen if they don't? nothing. we are not going to get anything on healthcare. we will back in power. the g.o.p. is going to take the house back because if what you are say something true. if they campaigned on healthcare they are doing their constituents though voted them in and have a democrat house, they are doing them a disservice by

not focusing and trying to work together with the republicans to get anything done. >> i think the trump administration has made positive steps get enough credit. >> skinny plans, association plans, more choice, more price transparency, more generics being approved. that's bringing free market forces back into the healthcare system. we don't need a one time fits all insurance at a time we have massive innovation which is personalized which this kind of insurance can cover. all of this argument, let's have medicare for all, that's an outdated concept. we need innovative concept that figures out new payment systems. the trump administration has started doing that not getting credit for it. steve: at the same time given there is acrimony on capitol hill. you say this is a perfect time to talk about a single pair plan where serve covered and congress will figure a way to pay for it. >> absolutely. it sounds like it's a you taupia, but this actually exists in other countries. and doctor, with all due

respect when you talk about skinny plans, that's just suboccipital tim mall coverage for a lot of people. we need to look at a system that covers everybody with reasonable coverage. we need to work with the prescription drug companies because the free market is skyrocketing these prices and they are valuing profit over people. we have people dying from opioid abuse. look at reform when it comes to our healthcare system. >> part of the reason i think that we are, you know, getting ahead of this on the republican side is i think it's dr. gottlieb is the. >> excellent. >> is he doing such a great job to release some of the choke holds on regulations. steve: good. >> we do need catastrophic for all type of insurance. everyone has to have some insurance we all agree on that. >> we agree on that. steve: we do. finally we are all together. all right, nathan, noel and dr. siegel, thank you so much. >> good to see you. steve: he planned to bomb a college campus in the name of isis. now this would-be terrorist is heading to the jail. the undercover bust that helped the feds to catch him

coming up. you have seen the media go after first lady melania trump a lot. >> she has now adopted this whoa is me attitude. >> i have always been surprised by that air of grieve that she carries very publicly. steve: now the first lady's spokeswoman is calling them out. she joins us live for a "fox & friends" on this monday ♪ what doesn't kill you ♪ makes you a stronger ♪ stand a little taller ♪ doesn't mean i'm lonely ♪ when i'm alone ♪ what doesn't kill you ♪ makes a fighter ♪ the american dream isn't a handout it's something you work for when i couldn't afford college college of the ozarks gave me the chance to work for my degree i'll graduate debt free from a college where character is as important as class work and patriotic education is part of the curriculum we are hard work u

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steve: there you have got first lady of the united states sitting down with sean hannity last week. after that it prompted an op-ed written by a cnn network contributor kate anderson browr titled melania shows she is a trump through and through. well, the first lady's spokesperson did not think that was fair. stephanie grisham joins us now from the north lawn. stephanie, good morning to you. >> good morning. steve: what was your problem with the cnn's cricketer's review of the first lady? >> well, first of all, she just got her facts wrong. so, i felt it was very, very important to set those facts straight. another thing that really bothered me was just hours before this op-ed posted she was at a hospital here in dnc visiting children and reading reading military story. she had gone to two air bases and flown out on aircraft carrier to thank them for their service. day before that toy drive for toys for tots. for me the timing of the op-ed was offensive. steve: timing was offensive.

what facts did she get wrong? >> that she doesn't know what it's like to be first lady or understand the role. mrs. trump has successfully pulled off a state dinner at the white house. successfully planned and executed every holiday event that has happened here at the white house. she overseas resident staff of almost 300 people. she goes out into the community, all across the country and the world on behalf of be best and does what she thinks is right for children. she wants to talk to them about the well-being of children, about being safe and responsible online and of course opioid abuse. ainsley: why did you feel it was so important to fight back? >> again, you know, ms. broward just got her facts wrong and that's not okay. these day the consistent negative coverage that mrs. trump gets is not fair. i know i will be attacked for saying it's not fair that i'm whining but we are defending ourselves. i can't tell you how many inquiries i get that have nothing to do with the substance of her work. she two weeks ago to liberty university and talked to

10,000 college kids about opioid abuse. she gave christmas da core for two days that's what we talked about christmas decor. missing an opportunity to cover the great work she is doing. brian: they talked about the color of her hair rather than what she talked about. i watched both the abc interview and watched sean hannity, the whole things. i learned about 75% more than i ever knew about her and i knew her before she was first lady and she was here doing other things and promoting different events u she is actually talked about how she met her husband. talked about what her approach is as a mom. she has a lot of substance. the abc interview, too. she was able to lay everything out. do you sense, despite the criticism, in 2019, we are going to see more of her regardless? >> yes. i think that what she has shown is that she is not going to be deter you had. she is going to do what she thinks is right. she is going to stay true to herself. despite the negative criticism, despite the

perception that perhaps the media is trying to put out there, she is going to continue to go out there and work on be best and do what's right for kids. brian: stephanie, the other thing i would like to add, i don't think anybody understands the president better than she does or understand what how to protect him more than she does. people with k. make. these two get along and watch each other's back more than any couple i have ever seen. >> that is true. i'm lucky enough to see behind the scenes and they are very strong. ainsley: how influential is she when the president makes discuss? >> she gives him her opinion certainly. he listens sometimes. sometimes he does not. she is always very vocal and they talk a lot and he is open to listening to her opinions. steve: all right. well, we saw that your op-ed we wanted to get you on. stephanie grisham from the first lady's office. thank you for joining us live. >> thank you. steve: 22 minutes now before the top of the hour with some news. >> that's right. an isis wannabe is set to be

sentenced in california today. facing decades in prison after being convicted in elaborate plot to bomb san francisco's bay area. new undercover video from the fbi shows just how far he was willing to go. >> i want to make it to the point where every american here think twice or three times before they leave their home. >> the convicted criminal met with undercover agents to plan a massive attack in 2016. >> congressman devin nunes is urging the president to declassify documents related to the russia investigation. the california republican calling for a new office dedicated to ensuring government transparency. >> the more we can get declassified i think the better. and easy way to do it is to create an office that actually just works directly under the white house that specializes in evaluating this documentation. >> the president has delayed

the release of documents relate to the russia investigation back in september citing concerns from the justice department. a christmas disaster in disneyland. watch as santa is launched from his sleigh during a parade in california. the sleigh broke suspending him in mid-air, crews brought him down safely and santa continued the parade walking and smiling at guest but you can see a couple of tough moments for santa claus. brian: it's tough being in that suit in orlando. jillian: is he used to wearing it in the north pole this time of year. brian: should make santa suits with shorts for people in hot climates. steve: that wouldn't be the santa. brian: better for santa. steve: listen, it's cold weather up in the north pole as it is here in new york city. janice dean with a gigantic crowd today. it's not as cold as it was last night. janice: it's nice out here, isn't it? are you happy to be here in new york city for christmas?

[cheers] ainsley: we have ainsley's book. we have "fox & friends." we have who dat nation. any birthdays? birthdays? anniversaries? anniversary over here. how many years. >> 20 years. janice: what is the secret to long lasting marriage? >> yes, dear. janice: you know what? the ohio pork people are here. everybody gets bacon. [cheers] a quick look at the maps. i will show you what we're dealing with the potential for a little bit of rain in the forecast across the northwest. otherwise pretty nice temperatures for much of the u.s. for the next couple of days. that's the good news. wave to the camera. wave to everyone at home? look at these crowds, everybody, it's fantastic. thank you for coming. everyone gets bacon this morning. [laughter] brian: bacon in the vending machine. steve: sounds great. j.d. thank you very much. ainsley: thank you, janice. brian: they said it was impossible self-driving cars and bacon vending machines. steve: who is that person?

ainsley: they. brian: pretty sure socrates. >> all he is going to get with temper tan trump is a shutdown. he will not get a wall. brian: head of customs and border protection kevin mcleanen says we need the wall. he joins us next. folds of honor steps up to help they family. his gold star widow and major dan rooney are here live. ♪ ♪ building a better bank

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wall in any form. even the house, which is a majority republican they don't have the votes for his $5 billion wall plan. all he is going to get temper tantrum is a shutdown. he will not get a wall. brian: here to respond is u.s. customs and border protections commissioner right now kevin mcleehan is he right. >> we need a wall. that's what border patrol. it's called impedence and denial. if someone can run across and disappear into a neighborhood it makes it a lot harder for agent to do their job. is he your boss. he could fire you if you don't say what he wants you to say you told us during the commercial break we needed wall. you said you needed a wall way before he became president. >> evan doing this for two decades chief provost has been doing this 25 years. border patrol agents have always wanted more barriers on the border to help them do their job. only way can you stop large groups from flowing across. >> according to democrat.

we have technologies today far surpass a wall. this is not the 15th century. i hear that a lot. that seems to be a buzz. dick durbin says the same thing. what do you say to them using old stuff? >> areas of the border where you have a large population center on the south side and immediate access to transportation hub as or neighborhoods you have to have a wall between those two areas to help slow people down from crossing. other areas aircraft patrol those areas absolutely appropriate. you need a combination. ainsley: what's your response when you hear chuck schumer and nancy pelosi say we're not giving him the wall? >> my job is to provide the data. ainsley: that has to be frustrating for you if you know you need it and they are not allowing you to do your job the way you want to do your job. >> just the 400 million investment, 40 miles is all we got there we have already put 34 up. 85% of that making a difference in california and

el centro and el paso. brian: 80% of the fentanyl comes across the border comes through ports of entry. are we better off putting money in detection devices. >> why need both and president's budget requests both. we need investment at the border, too. we see hard narcotics come between. using large groupings of families to divert our agents and bring smugglers behind with the hard narcotics. that's a phenomenon that we need to stop. brian: caravan say we are going to walk down 20, 30 miles to walk through the border if i can't get through tijuana into san diego. >> right. brian: right now you can't tell me that a border wall wouldn't help that, it would divert further. >> of course that's right. we see families going out to the remote areas of the border. areas of new mexico and crossing in large groupings. any time we have barrier it prevents that kind of activity. ainsley: is it helping to have the troops down there a and b do you think the military should fund it if

schumer and nancy pelosi won't give them the money? do you think the president should go to the pentagon? >> that's the president's call in terms of his judgment on what's most important for national security. having the troops at the border is tremendous. they are a huge help. they is extended our surveillance capability. provided us backup to prevent a large group from rushing the border. really appreciate them there as the holiday approaches. brian: if they knew how to do it have the money to build the wall do you need high tech people to build it? >> already going through the army corps of engineers. that's why we could apply this 5 billion if we got it this year very quickly the army corps has tremendous capabilities for contracting. they know how to build stuff with the u.s. military. they could absolutely apply it. ainsley: if you get 5 billion or less than that, depending on what they vote on, where are you you going to use the money first? where does it need? >> number one priority sectors where we had your visit down in rio gransd valley not so long ago. that's still the number one crossing point for human smugglers. 5 billion would extend all the way up into laredo help

us shut down south texas corridor and bolster el paso, el centro and california. brian: sorry you are caught up in politics because have you really a black and white thing to do stop illegals from coming across and make them do it the wait way. >> thank you. ainsley: we were down there with the vice president and his wife and we aired that on "fox & friends." brian, you were down there. brian: you liked ainsley better and that's something we will handle in the break. that's fine. i don't blame you. meanwhile, coming up straight ahead, in just a few hours, fired fbi director james comey returns to capitol hill for more closed door testimony. ainsley: what questions does congressman jim jordan have for comey? we ask him when he joins us live in the next hour. brian: and. ainsley: folds of honor steps up to help that family after the daddy, the marine father was killed in the crash. gold star widow and major dan rooney are here live. brian: next ♪ there's going to be hell ♪ start ripping ankle ♪ and it feels like a whole

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ains well, this week we are taking a special look at some worthy organizations that you at home can help support. many of you already have this christmas season. steve: that's right. nearly two years ago a train mission turned to tragedy in hawaii when two helicopters collided killing 12 marines on board. one of those majors sean campbell left behind wife kelly and four children. brian: that's when the nonprofit folds of honor stepped up in a big way. here now it major dan rooney and gold star wife herself kelly campbell. kelly, great to meet you. >> great to meet you. brian: wish it was under different circumstances: >> honor to be on one of the

most fantastic couch in america. ainsley: what inspired to you start this mission? >> i was talking to gavin last night. president bush 41 one of the earliest believers in folds of honor. we have to have somebody believe news. the districts everything he has accomplished. what inspired me most about president bush 41 is what he overcame. two failed runs at senate a failed run for the presidential nomination. didn't get reelected against clinton. he had this concept in life that he shared with me a fighter ceiling invisible unlimited. he inspired me through the struggles of starting folds of honor to keep going. at the end of the day, i really believe that we're defined in our lives by how we react when things don't go our way. and that's what folds of honor does and steps in and helps amazing families like the campbells. steve: a little more than two years ago when your husband, these two helicopters collided, 12

marines killed. you had made it a plan, god forbid anything goes haywire you would go back to his hometown of kansas city. >> right. steve: that's where you were going to raise your children. had you been home schooling your kids. suddenly you had four kids needed to go to school. you wanted to go to school and it was expensive. and that's when folds of honor stepped in. >> they stepped in and it would not have been possible. i was completely lost a marine's wife with no marine home schooling mom with no home and that's what they did they came in and made it possible for me to put my kids in amazing school that we love. it's been so much more than education it's become our family and community. we lost our strong marine corps community. we still have them but there in kansas city our school is now our family. brian: how old are the kids? and what's the biggest challenge? >> they are -- today they are 14, 11, 9, and 5. and obviously the biggest challenge is their dad is not there you know, we had years of milestones and things to go through without him that we didn't plan for

that. ainsley: kelly, what was he like? >> amazing. sean was an amazing marine. he was dedicated and hard-working. he worked many hours. he deployed and he was president. yet when he was home he was home. instead of having cable we had an old sailboat and fixed it up. he was there. steve: now dan is there for you and your family. you have a wing man program for $13 a month people can shep sustain scholarships for folks like kelly and her family? >> 13 is a funny number, right, steve, there are 13 folds that bring flag to iconic shape of freedom. this year we helped over 4,000 families at folds of honor had over 700 families that we had to turn down. that's why the season of giving is so important on fox for people to visit folds of honor.org. become a wing man and help families like the campbells. our mission is very simple that is to honor the sacrifices that have been made in this country by our military men and women by taking care of their legacy and no greater gift than can

we give someone for an opportunity to give education and pursue cavu in their lives. brian: season of giving continues tomorrow with organization that provides service dogs for children four paws for ability. that's coming your way. don't move. ♪ no cover up spray here... it's the irresistibly fresh scent of febreze air effects. cheaper aerosols can cover up odors, burying the smell in a flowery fog. switch to febreze air effects! febreze eliminates even the toughest odors from the air. and it uses an all-natural propellant to leave behind a pleasant scent you'll love. . .

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interviewed in the first place. >> this is an opportunity for congress to act. make sure we find ways to constitutionally provide health care. >> the negative coverage mrs. trump gets it is not fair. despite the negative criticism she will go out there and do what is right for kids. ♪ steve: whatever it takes you must have your christmas shopping one week from today. one week from today, it is christmas eve. but the stores will be open until 9:00 on christmas eve. why start this week? plenty of time next week. brian: do you remember the age, when giving mattered more than receiving? steve: yeah. brian: how old were you? ainsley: receiving matters more than giving. brian: something about a kid's thirst to give gifts. i find that refreshing.

steve: i remember, when i actually had a job and ad some money and i wanted to pay my parents back. brian: i remember going shopping at school store, everything was remarkably marked down, i thought it was cool. and i might continue this. ash trays. both my parents smoked at the time. ainsley: ashtrays. school store? brian: yeah. steve: at that age, look, i bought you something. look i got you an ash tray, mom and dad. where's my pony? i was going to get a pony. brian: i wanted rex and i got the other bendable toy with the big brain. my dad had to explain to me better than smart than strong. that is good sales tax tick for a 7-year-old. steve: now many years later. brian: not over it yet. ainsley: we all share the christmas eve. every kid is so excited. you can't sleep.

you think about it non-stop. steve: wait to hear santa up on the roof. anyway, one week away from today. more pressingly on friday at midnight the federal government could shut down unless president trump gets $5 billion to build that wall. he has been talking about build that wall for years. and now, you know what? this is is the maximum time for leverage, with the democrats he feels, unless they get the money they will close the government. democrats say we don't need the wall. it is ineffective, too costly. ainsley: chuck schumer was on a sunday show yesterday talking about it. watch this. >> they should join us in one of these two proposals which would get more than enough votes passed and avoid a shutdown. if the president wants to debate the wall next year he can. he is off on the deep end here and all he is going to get with his temper tantrum is a shutdown. he will not get a wall. brian: meanwhile there is a way out of this. there is a way to compromise

somewhere in between. five billion less than 25 billion that was agreed upon on the compromise deal a year ago. all of sudden we don't need a barrier. we need technology. 1.6 or 1.3 will not do it. those that think democrats think this or republicans think this, where is the reality? we had that reality 20 minutes ago we relayed to steve because we know him so well. steve: i was watching. brian, you have cable. kevin -- ainsley: border patrol. brian: border patrol commissioner. he says the wall is needed. >> we have wanted more barriers on the border to he help them do their job. only way to stop large groups flowing across. areas of border, a large population center on the south side, immediate access to transportation hubs and on the north side. you have to have a wall between the two areas to slow people

down from crossing. the president's first budget in office, is 40 miles. we put 80% of that up. it is making a difference. steve: we talked about how extensively walls work in other countries. this could be something else going on. looks like the government is headed for impasse. looks as well. they realize their back is up against the wall. republicans in the house are apparently working on a short term deal essentially to kick the can through the end of this year until the next congress comes in to power, however, they also know the white house is not behind that. the white house wants to inflict maximum pain on the democrats to try to get them to bargain at this 11th hour. ainsley: when you interview people at border patrol, they're down there, they are the ones, their lives are on the line, ones making the arrest, they see what the problems are. when they make recommendations and they were making recommendations before this

administration even came into office, they said we need a wall, we need a wall, the president runs on that. the president runs on that. the america likes that. they vote on the wall. they are not allowing america to have it, not allowing border patrol agents, people sacrificing for our country not allowing them to get what they need. steve: whatever extra money the president would get for the wall he would regard that as a win. he would talk about i won on the wall thing. but democrats don't want to give him a win. it is a politics. brian: texas judge gave a win to republicans trying to repeal and replace obamacare. this suit was brought by some conservative attorney generals and put in front of the texas judge. he looked at the suit, he looked at obamacare, is this constitutional? he says no, because the judgment of the supreme court was that the mandate, that you buy insurance was a tax. there for it was constitution and should be upheld.

chief justice roberts did that. what happened a year ago? they repealed the mandate. mandating you buy insurance if you're an american. why? one of the reasons if you're forced to buy the mandate, when they look at the stats 80% of people forced to buy insurance and or pay a fine made under $50,000. so the people that needed health care the most were actually paying the most. so that judge has ruled unconstitutional. so for now, everything stays put because the appeal is coming. probably bring it to the fifth district. steve: whole rationale behind the judge's ruling was if the, if the penalty is zero it is not a penalty. that is what makes it absolutely unconstitutional. it is headed for an appeal. the president of the united states in the last four minutes just tweeted this out, and it is about obamacare, the deductible which comes with obamacare is so high that it is practically not even usable. hurts families badly. we have a chance working with

the democrats to deliver great health care, confirming supreme court decision will lead to great health care results for americans. in other words what he is talking about, is once this goes through the adjudication process, congress has got to do something to fix it. and that's what the attorney general of the great state of indiana, curtis hill told us about two hours ago. >> this is an opportunity for congress to act recognizing obamacare is on life-support, pull together make a determination of the things we need to do to provide sufficient health care for all americans, including preexisting conditions because americans determined that is something they want to consider. put all the things on the table, resolve this but within a constitutional framework. >> judge says it is unconstitutional. it will go to the next court system, possibly the supreme court. many people, many judges we interviewed on "fox & friends" throughout the weekend, i was watching could take up to two years. steve: it could.

chuck schumer wants to get involved as well. he plans for a vote to inter screen so they would make the case on behalf of the affordable care act, but keep in mind he is in the minority in the senate. that is not going to happen with republicans in charge. brian: republicans made enormous gains over three elections, save for this one. no democrats ran on obamacare. it was a hodgepodge, never fully effective. come this election 40% of the people who voted said their number one i issue was health care. because republicans offered no alternative. they say i'm afraid of losing what i have, how dare you take it away. communication on the republican side was terrible. their execution was awful. looked the back at failed plan, wasn't satisfying any needs, said i will take that over nothing. they have to get patty murray, lamar labs leaks plan, see if there is potential bipartisanship. like it or not, conservatives

liberals, no major piece of legislation will stand the test of an election unless there is bipartisan support. learned that on immigration. might learn that with tax reform. now we learned this with health care. it is too important to sit there on partisan sides. what i saw was so disheartening senator schumer said, this is a good issue for us. issue? you just had an election. we have two years to govern. enough about your issues. steve: brilliant issues for the democrats. brian, they won the house on it, they didn't even have a plan. all they said -- ainsley: read it after you pass it. steve: no plan. brian: talk about legislating solving problems. steve: right now the president came out in a tweet, see congress do something. ainsley: if you were healthy and didn't want to buy into it, and you were forced to, if you didn't you were taxed. that is why the 2017 tax reform there is provision saying that is unconstitutional that is why obamacare is not working. that is why the judge voted way

he did. brian: you know who has full benefits? jillian mele. jillian: i have health care. thank you very much. u.s. troops killed 62 terrorists in the afghan nation of somalia. four airstrikes killed members of al-shabaab. airstrikes on the group have picked up under the trump administration. there have been more than 40 this year. a restaurant explodes into flames, sending 40 people to a hospital. this happened in japan. officials say the explosion shook buildings in the area, causing many to think it was an earthquake. local reports gas may have been leaking for 100 deodorizer spray cans, causing the massive blast. google countering amazon with its own expansion. the tech giant announcing plans to spend more than one billion dollars for a new campus on the

hudson river. google has 7,000 employees in the new york office. a number expected to double within a decade. the number comes a month after amazon chose new york for its new headquarters. no place like washington for the holidays. according to a new survey the state with the most christmas spirit. internet provider centurylink based its ratings on online activity and area culture. alaska, hawaii, florida, have the least christmas spirit. so you have some work to do, alaska, hawaii and florida. steve: they have all the snow. whereas hawaii, and florida always warm. jillian: everyone is warm. in shorts according to brian. brian: that's right. steve: meanwhile in just about two hours fired fbi director james comey will return to capitol hill. more closed-door testimony. jim jordan will ask him some questions. he joins us live to preview

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about a meningitis b vaccine. steve: fired fbi director james comey headed back to capitol hill. our next guest will be in the room when the former fbi testifies in a round two. what are they hoping to hear? house judiciary committee member, jim jordan joins us as you can see from statuary hall. congressman, what is the number one topic you want to talk to the former fbi director about? >> we hope he answers questions today. last time 245 times he said he didn't know, couldn't remember. we hope he answers more questions. we will ask him about the comey

memos. did seven different memos meeting with the president, chief of staff, i will ask him about questions about things he wrote in there. thing about jim comey, this is important to understand, for him it is all about jim comey. and he thinks the rules don't apply to him. you can just go to last week where he said he got away with not following rules when they interviewed mike flynn. not allowing mike flynn to have his constitutional rights when fbi interviewed him. whole other things aren't consistent how you're supposed to do things. when he took the decision away from attorney general lynch and made a decision on the clinton investigation. all those things and the memo i think i will focus. steve: when he came out after seven hours with you guys, last week. they're still asking me about hillary clinton emails. i guess in his mind, that subject is closed and he was right and not to recommend going after her? >> i think, you know, we're more

focused on the russia investigation, i certainly am, you have to look at the contrast how he handled one versus the other. think of this fundamental thing. he called this clinton investigation, a mater. yet seven different times in the comey matters, talking about president trump and interactions with the president, he references the fact president trump wasn't under investigation, and he wouldn't say that. he allowed the country to think he was. in one situation clinton is under investigation he calls it a matter. in one situation president trump isn't under the investigation, but he allows the country to believe he is. it is all about jim comey. i think he mishandled both investigations all the way through. steve: there is question up on capitol hill whether or not the room you're in, the lights will go out at midnight on friday. president made it very clear, give me $5 billion for this wall, or the government will shut down. where does jim jordan stand on this? >> we have to get $5 billion for the wall. this is central promise we made to voters in 2016.

everyone knows good common sense, we can secure our southern border. we need to stand firm to get that done. i do think contrary to what pelosi said there is the votes in the house to get that done. i hope our leadership puts the vote on the floor for the full 5 billion. steve: do you think your house leadership is behind the wall because not in the past so much? >> i talked with steve scalise, i didn't get a chance to kevin or paul, i think they are. this is simple. do what we said. we promised a border security wall to secure our southern border. the president was very clear about that last week in the oval office. let's stand with the president, get this done. steve: one word prediction, shutdown, yes or no? >> no. steve: there you go. jim jordan from the great state of ohio. thanks so much for joining us live. >> you bet, thank you. steve: you bet. 8:20 now here in new york city. president trump says he will review this decorated war hero's case. he is charged with murder,

facing the death penalty for killing a taliban terrorist, a bomb-maker. his father joins us live with a message for the army next. plus melania trump spokeswoman slamming the media for attacking the first lady in their coverage. >> not going to be deterred. she is going to do what she thinks is right. she will stay true to herself. steve: martha maccallum from "the story" with reaction coming up. ♪ ♪ ♪

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unit. brian: how did we get to this point? president trump said he is taking a closer look in the case. there is no verdict. hasn't been to trial. joining us now is major goldstein's father, jerry goldstein. how hard has the process been on you and your family? >> it is extremely difficult, brian. you look what has taken place over the past 10 years and to come to this state after they have already had a boarding and everything else and found him not guilty to bring it up again is very difficult challenge to undertake. ainsley: what is your son's story? >> well, my son is a young man of character. he was a graduate of west point. it was a very trying time for us as parents when your children go to be in the military and spend all that time and training in the military to do proper service and all the time we sit and wait back at home, waiting to hear a phone call or

something like that. something may have happened to do what he has done this past 10 years time in the military. we never got the phone call. he is blessed to come back in one piece. now going through this a second time when he is being threatened to being charged with murder and possible execution by our government, it's, it's really hard to understand. brian: yeah. join the club. already has a silver star for valor. has been upgraded to a distinguished service cross. now they took it away. he answered honestly in a cia polygraph test, going to be in the cia, he had this incident happen where he killed this taliban bomb-maker. since that time, his life has been in turmoil. do you know the circumstances on how he ended up killing this guy? >> i don't know probably all the

details. i probably wouldn't reflect them correctly but i do know this, this was an enemy combatant. he was a known bomb-maker. he was identified and actions taken were to protect the lives of the villages and those in his unit and the people around him. ainsley: why wasn't that bomb-maker on the "kill list"? from what i understand, your son is in trouble because he killed him, he wasn't on the "kill list." there was questions whether or not the guy was detained at the time? >> the only thing i know about that. i have no information whether he was a "kill list" or not but i do know he was not detained at that time. he had been released. they could not hold him any longer. >> what is your reaction to the president weighing in on twitter, saying he will take a look at the case? >> i'm all for it. last time i checked he is the commander-in-chief. if he feels that something is not going as, as it should go,

i'm more than happy to get him in there and, look at the situation, make decisions, absolutely. ainsley: jerry, how is matt doing right now? >> mat's doing well. matt's doing real well. one of the things, why he is doing so well, because he is not doing this just for himself. years ago he had opportunities they questioned him, the military did all kinds of things trying to get him to commit certain testimonies and things like that. he said he wasn't going to follow along. he will do this for the many, many soldiers who are in a similar situation that he is, whether in prison right now or being brought up on charges a lot of it has to do with the rules of engagement. brian: here is what the pentagon says. the allegations against major matt golstein are a law law

enforcement matter. the department of defense will provide updates. does the army provide one? would you take it? >> well the army's not providing one. we do have an attorney, phil stackhouse, is representing matt. has represented him during the boarding process where he was found not guilty. so that's a question, i don't understand what is going on there. the american patriots are helping with funding. if there are additional people out there that want to contribute to that, please go ahead and get in touch with phil stacks house or american patriots. ainsley: what happens next for your son? will he continue to serve the country? >> we really don't know. that is a question i really can't answer at this point in time. ainsley: does he want to or is he frustrated with the military now? >> no question he is frustrated. it is a situation he has been told a number of different things. once he follows that direction, it changes shortly thereafter.

he went to fayetteville to be there for one day. he was told he should go sign some papers they would cut him loose the next day. he ended up having to stay the whole week. we don't know where we're going there. brian: i don't know of an american that sun happy there is one less taliban bomb-maker trying to kill troops on the planet. he is decorated for his service and his valor. any he gets all that back and upgrade to the distinguished service cross. thank you your son, 2002 graduate of west point. >> we hope this all turns out in his favors. god bless. >> thank you very much. brian: wow. new york governor andrew cuomo once called marijuana a gateway drug. now he is rolling out a plan to make it legal. what changed? ainsley: melania trump's spokeswoman slamming the media

earlier on "fox & friends." >> i know i will the be attacked that it is not fair and that i'm whining but we're defending ourselves. ainsley: martha maccallum is here. brian: perfect timing. ♪ building a better bank starts with looking at something old, and saying, "really?" so capital one is building something completely new. capital one cafes. inviting places with people here to help you, not sell you. and savings and checking accounts with no fees or minimums. because that's how it should be. you can open one from right here or anywhere in 5 minutes. seriously, 5 minutes... this is banking reimagined. what's in your wallet?

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♪ ainsley: we're going to download that one, right now. brian: life changes. no changes for us. martha maccallum agreed to get up in the morning almost every day to do our show.

>> sound asleep at this point. sleeping in. having some bonbons. steve: what changes is our set. at 7:00 tonight, martha is actually seated right here with her desk. in the morning we have the curvy couch. >> i'm sure there are a few crumbs around. i wanted to talk to you about that. ainsley: martha, watching your show, i see the red christmas trees. do they keep those year-round now? >> last year they had some sort of issue with the union and christmas lights were up sometime to april. apparently we'll see what happens this year. yeah. brian: great to see you. i know you have exciting announcement. first things first, one of the big stories over the weekend, late last week, another big interview the first lady sits down, this one with sean hannity, talking about her life, her approach, err relationship, all the challenges, all they want to talk about is her hair. we had stephanie grisham on a

short time ago, her spokesperson, about the different treatment she is getting len let's say michelle obama. >> mrs. trump successfully pulled off a state dinner here at the white house. she successfully planned and executed every holiday event. she goes into the community, all across the country and the world, on behalf of the best, consistent negative coverage that mrs. trump gets it is not fair. i know i'm going to be attacked saying it is not fair, i'm whining but we're defending ourselves. she has shown she will not be deterred. she will do what she thinks is right. she will stay true to herself. steve: stephanie has written an op-ed in reaction to cnn contributor, kate anderson brower who said melania showed she is a trump through and through. stephanie grisham felt it was over the line she had to respond. >> i think melania trump has made three big errors in these

people's minds. she stands by her husband. she is very independent. she is very independent woman. you talked to her a lot, ainsley. she is impressive woman. she is gorgeous, beautiful. in the mean girls mind in a big part of the world, these are very large offenses. a lot of corners in the world right now, in the country, if you support the president, which of course she does, you're an idiot, right or you're some kind of fool or you're standing by him for some other reasons. it is really disgusting. >> if she were a democrat what would be the reaction she would be all over everything. kate middleton, michelle obama of the press. she would be everywhere. she is a very -- i really respect the fact that she says what she thinks. she is very reserved. she has a lot of integrity. she is who she is. she will not say and do things to please people, when she knows that is uphill battle.

she sticks to the things she cares about. she spends a lot of time opioids and social media which she get as tremendous amount of you know what for. they look at her husband and his twitter record. it is important clause. she clearly asked him to pull back on that. they have their debate. it is especially important club especially for kids. brian: after she blew out the deputy national security advisor i sense in 2019 you will hear a lot more from her. we heard so much in the close. talk about something is really exciting you have a brand new podcast to launch today. >> i started listening to a lot of podcasts in the past year. i think it's a great thing to do, when you run or do exercise. almost in away, like it is kind of like radio. you sort of want to tune in, listen. it is a pace that is different than the frenetic pace we live in. what we try to do on the "the untold story."

dig into a story you don't hear from people our viewers are really familiar with. first is general petraeus, who was shot early on his military career. his life was saved by general jack keane. this is a fantastic, it's a great story. that is our first podcast you will hear on the series. we talked to kris paronto who you guys know well. steve: benghazi. >> he had a very, very hard time when he came back from benghazi. he almost took his life. it is a hard story to listen to but worth your time. we'll download podcasts every week. get there on fox news podcast.com. get it anywhere on the phone have your podcast, do the search for it. either way it will work. steve: that is fantastic. you do the news of the day live from our set every night at 7:00. >> yeah.

steve: you tell the backstory. >> the untold story. thank you, guys. so nice to be with you. brian: do you really mean that? >> i really do. yeah. i've got i'm all here for today. ainsley: what will you do for the next few hours? >> can i just hang out? ainsley: 20 minutes you can run to the radio. steve: we have a bacon vending machine on stairs. >> i heard about the bacos we put them onsalad. turns out they're not bacon. brian: we told the story. steve: thanks, martha. 20 minutes before the top of the hour jillian has headlines. jillian: we're still following this story out of colorado with no signs of a missing mother. they have not said if they found any evidence of kelsey berreth's disappearance in colorado.

he is the last person to see her on thanksgiving. he is not named a suspect. there is a 25,000-dollar reward for information that leads to kelsey. e.coli outbreak recalling more products. adams brothers issuing a recall for cauliflower, red leave lettuce and greenleaf lettuce. it did not test positive for e.coli but grown near where the fda found bacteria. 59 people have gotten sick from the outbreak. governor andrew cuomo is expecting to roll out a plan to legalize recreational pot today. it is what he calls a progressive agenda. last year he said pot is gateway drug. his approach is aimed at pushing back on the trump administration. parents across the country are getting used to hearing this. >> money please many. money please! money please.

jillian: parents are spending a stunning $500 billion a year to supported a adult children. according to a recent survey by merrill lynch. that is twice as much as they're contributing to their retirement accounts. food and groceries are the most common expenses. what do you guys think of that? a lot of money. steve: half a trillion dollars. jillian: it's crazy. ainsley: why people not having as many kids. it is expensive. brian: you talk about half trillion. that is what we pay janice dean. >> you don't have to pay me any money to look at this amazing -- [cheering] it is amazing. i want to do the wave. starting here, in one, two, three, go. [cheering] janice: i don't even want to do the weather but we have to real quick. i show you the maps, a couple of maps. it is not that bad out.

seasonal average here. we have a storm moving into the west bringing a little bit of rain and snow. back here what is your name. >> amelia. >> and? >> caroline. >> where are you from? >> virginia? >> excited to be here on "fox & friends"? >> yes. >> do you have a list for santa? >> yes. >> all right, awesome. wave. this is really, truly the best crowd we ever had. are you sure you're here for me? [cheering] oh, my gosh. back inside. you guys can't top that. ainsley: largest crowd we ever had. that is amazing. brian: they're all on the dean list. ainsley: they're there to see you, janice. steve: president trump and congress in a stalemate over $5 billion worth of wall money but our next guest has a different idea. have the president's supporters pay for it. ainsley: speaking of playing politics, did you know that christmas toys that you buy like nerf guns, barbie dolls, says a lot about your political

affiliation apparently. ♪ january jon whoo-hoo. janice: whoo-hoo. merry christmas from "fox & friends." ♪ even pet hair, with ease, and now for cleaning surfaces above the floor, it comes with a built in shark handheld. one dock, two sharks. the shark ion robot cleaning system.

♪ brian: with a possible government shutdown now just days away appears neither side is willing to budge when it comes to funding the wall so where do we go from here? our next guest says let president trump's supporters crowd fund the wall. "new york post" columnist, fox news contributor, michael goodwin, writes about it in his op-ed. it is out. michael what do you mean? >> look, the president had both houses of congress, republicans yet there was no real funding for the wall. this is republican issue as well as a democrat issue. so clearly the public supports

strong border security. many people, i'm not sure the majority of the public think a wall is absolutely essential. most people think a wall is part of solution to border problems we have. brian: is there a private way to do this? >> you can create a gofundme operation. others suggest other ways. there is existing effort, i think called fund the wall.com, run by a sheriff's association that raised some money, but nowhere near what is needed. yet, according to my mail, a lot of people are willing to chip in. one reader writes to me and says, if the 63 million people who voted for donald trump each contributed $80, that would get you near the 5 billion mark. i think that is the kind of thing that needs to happen. it could be a people's wall. i don't really care about the mechanism. do you do a tax check-off of retirement account. there are a number of ideas that i include in the column but the

important thing is the public could step in and effectively do this thing that the president wants, and there is, there are ways for the government to accept private donations right. brian: right. >> the public could fund the wall. brian: like minor league baseball, by ads. whoever wants to be on it. lastly, do you think there will be a shutdown? you know the president well. you were there three weeks ago. what do you think? >> i think he recognizes the wall is critical to his presidency. it's a foundational promise he made. it is true you can't fix the border problems without barriers at certain places and you need legal changes. president says i will shut undown if i don't get $5 billion. i believe he means it. brian: we'll see if he gets it. chuck schumer another

new yorker. politics is everywhere these days even under the christmas tree. how personal politics can affect the toys you buy. i check in with bill hemmer. he promised to put together a big show. bill, did you put together a big show? >> i think it is cooking. i hope you had a good weekend. merry christmas to you. shutdown looming, congress is out six days. where is the emergency? rudy giuliani said a lot on sunday but alan dershowitz was listening. he will tell us what you need to understand. general flynn is sentenced tomorrow. will be another big week on all these matters. come join, sandra and me, couple minutes at top of the hour. nine to noon. starts at 9:00 a.m. the awe-inspiring. the heart racing. the heart breaking. that's what life is all about...

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ainsley: life the party. they are like brian. >> right. 36% of trump voters are likely to get a nerf than 28% of clinton voters. steve: that is pretty close. brian: it doesn't leave a mark. ainsley: more alike than we are different. steve: this is laser gun. kids love laser tag. this has infrared technology. has sounds and light. brian: don't really get shot? >> not at all. it has an app. you can track yourself on the app. steve: something from my childhood. hot wheels.

>> okay, 42% of independents are more likely to gift hot wheels. republicans 34%. democrats at 32%. brian: almost too close to call. >> hot wheels are so fun. this is great with six levels that go up and down. you can store 50 cars on this. get them going around. this is great. carrying case can put over 100 cars. if you stepped on a hot wheel in the middle of the night. you want to cry. barbie, what would christmas be without barbie. 26% of democrats are more likely to gift a barbie. 24% republicans. still close, right. brian: like flipping a coin. steve: bipartisan. >> this is their line fashionista. there is a barbie for every woman. representses curvy, petite. different skin tones. ainsley: professions. >> not this one. this is fashionistas. they are all about the fashion.

brian: good for sales. >> i'm looking for muffin top barbie. saying i'm not represented. ainsley: what about this? >> so legos this is so great. who knew leg goes. everybody loves legos. 55% of vote es for clinton, 55% of trump. brian: that is too much. 110% of people. they gave it their all. >> 55% of democrats. 55% of for trump. this is "minecraft." that is "jurassic park." steve: a lot of toys to choose from. now a political component. >> thank you so much. steve: right back in two minutes. ♪ ♪

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what's unusual, we think everybody is here for us. this is the secret. maria bartiromo has the entire crowd here as she does the business channel. >> maria. >> bill: big crowd. breaking news unfolding on the hill as we await james comey for his second round of questioning with top house committees. i'm bill hemmer. hope you had a great weekend. it's monday. does it feel like it? >> sandra: it feels like a monday. >> bill: christmas a week away. >> sandra: i'm sandra smith. comey set to appear before house lawmakers in one hour. the second session coming ahead of sentencing tomorrow for former national security advisor michael flynn who pled guilty to lying to the f.b.i. here is congressman darryl issa. >> tomorrow is a big da