lap >> it is wednesday, december 19th and this is "fox and friends first". happening on the east coast, deal denied, donald trump blasting democrats for rejecting another shutdown solution was the 11th hour proposal that could finally bring the left to middle ground. >> sometimes comey from day one has been a corrupt cop trying to get to the president. >> more explosive revelations emerging from behind closed doors raising new questions about the obama administration but if you ask michael flynn those were not the only

fireworks on the hill and merry christmas from the first family, a first look at this year's white house christmas card. "fox and friends first" starts right now. ♪ you ain't seen nothing yet ♪ you ain't seen nothing yet ♪ >> good morning to you, you are watching "fox and friends first" on wednesday morning, live look from new york city and you ain't seen nothing yet, thank you for starting the day with us, something you have seen come out of story, another standstill, donald trump blasting democrats for rejecting a deal to pay for

the wall with a government shutdown three days away, this is republicans push for a new plan to keep washington open. todd pyro joins us live to break it down, maybe people are surprised by this but we have 3 days to go. >> not surprised but this is like procrastination in college, wait till the last minute, looks like the white house is softening it stands on the shutdown, that didn't stop the president from calling out democrats on twitter, this is a quote from the president, democrats are saying loud and clear they do not want to build a concrete wall that we are not building a concrete wall, we are building artistically designed steel flats so you can easily see through it. it will be beautiful and give our country the security our citizens deserve. it will go up fast and save us billions of dollars. as for the money the white house is a could get creative without saying how. >> we would like to see congress

pass an appropriations bill that fully funds the government and also looking at other avenues that would allow us to do our constitutional authority. >> the president demanded $5 billion, democrats countering with $1.3 billion. reports say mitch mcconnell propose $1.6 billion and a $1 billion slush fund for immigration, chuck schumer said that is a no go. >> i call leader mcconnell and told him we would not accept the $1 billion slush fund and our offers to fund the government remain. let me be clear. the republican offer has not passed either chamber. >> the senate to pass an interim spending bill known as a continuing resolution as early as today to fund the government through february 8th. the house could then follow suit tomorrow leaving a day to spare but the question then becomes will donald trump sign it. >> there is also this pledge to

give $10 billion to central america and southern mexico to aid them. we are going to talk about this coming up. >> it raises the question donald trump always said, america first. >> charlie hurt has something to say about this, that money isn't the biggest hurdle in stopping the shutdown, he says the real issue is the anti-border platform that is growing in popularity among far left democrats. >> funding the wall was never the real big problem. the real problem is the will to actually do the hard work of putting up a wall and taking those votes but the only thing we found out in the last two weeks is the democrats that are coming into control of the house and senate in congress have vowed to shut the government down instead of doing something about fixing the border.

what he called a wall or a sense is a barrier that prevents people from illegally crossing into the united states. even democrats who support it said the 2006 fence act which did the same thing has been pulled by the left wing of their party over to this no borders anti-ice sanctuary city crowd that opposes doing anything about the border. >> if the interim spending bill is passed democrats will control the house by the next funding deadline meeting they will have to split their time between another potential border showdown and their long list of planned investigations. the senate overwhelmingly pass a bipartisan prison reform bill overnight, this is a live look at capitol hill where the legislation moves to the house was a vote is expected this week, the president tweeting in part this will keep our communities safer and provide hope and a second chance to

those who earn it. in addition to everything else billions of dollars will be saved. i look forward to signing this into law. the bill reduces sentences for some drug offenders and reduced rehabilitation efforts. the capitol hill grilling. we are getting a look at transcripts from james comey's second closed-door meeting with lawmakers, griff jenkins joins us with more on how it all went down. how are you doing? >> we all saw the directors outburst at the hearing but we are learning more about what happened behind closed doors, let's look at transcripts, the infamous dirty dossier that was the basis of the trump campaign comey saying i remember being told the work had been funded first by republicans opposed to trump and democrats opposed to trump. meadows, what you are saying is in part of your messaging you didn't care, it was funding christopher steele's work. are you saying it didn't matter

to you? comey continues it was republicans opposed to trump. comey was asked about obama, hillary clinton's emails in exchange with trey gowdy who says president obama said i don't think opposed the national security problem. how would he have known that at the time? i can't answer that question, he said this is not a situation in which national security was endangered, how would he have known that at the time? comey, same answer, i can't answer that. at the same time democrats call this a whole waste of time but republicans like john ratcliff says this proves comey was not a fair arbiter of justice. >> i lost all objectivity with regard to director comey because i was one of the folks that was defending him two years ago when all of this stuff started to happen. i don't mind if james comey of a partisan but don't prayer to be

-- prepared to be an umpire. >> next up is president obama's former attorney general, and talking about emails and infamous tarmac meeting she had with bill clinton. >> we will see if we get answers from her, much of the same i don't know, don't remember, can't say. we will see. thank you so much. have a great day. a federal judge, see this happening? postponing michael flynn at sentencing with a blistering criticism. judge emmet sullivan telling the national security adviser, quote, arguably you sold your country out adding i cannot hide my discussed or my do the same for the crimes you committed, judge sullivan would not guarantee no jail time as suggested by robert mueller but he did apologize for his remarks. flynn at sentencing has been rescheduled for march, questions were raised how the fbi handled

the interview with flynn who pleaded guilty to lying to the agency. james comey defended the interview in his testimony on capitol hill on monday. ethics complaint about brett kavanaugh are thrown out, and appeals panel dismissing the claims which focused on his tone as he defended himself against sexual misconduct accusations during his confirmation process earlier this year. the judges rule specific code of conduct laws cannot be applied to the pin court justices. how about interest rates that could climb again today? federal reserve chairman jerome powell will increase rates by accorded point and this would be the fourth increase this year. we know what happens when this happens, this despite donald trump urging central bank to hold steady and avoid rate hikes, the president believes the increases are undercutting efforts to boost the economy, stock market futures are trending toward positive gains

as investors await the announcement. donald trump sticking to another promise, advancing our nation's interests in space, the white house ordering the defense department to create a new us space command aimed at consolidating military space operations and defend american assets. >> a new era of american leadership in space has begun. it will develop the space doctrine, tactics, techniques and procedures that will enable war fighters to defend the nation in this new era. shannon: there working to establish a new branch of the military called the space force, by 2020. the vice president making the big announcements as space x prepares for a historic lunch but it never happened, the company postponing their mission until today after a problem with rocket sensors, it is launching

an air force satellite into space. the other rocket launchers postponed on tuesday, the weather pushing back an area of the mission until today. it would blast off with a french spy satellite and the ul a's delta heavy rocket carrying a recon spacecraft will blast off in california after it was delayed for high winds. jeff bezos delayed the launch due to tech issues and that is scheduled to take off on friday. that happens today and friday, we will you know. it is 11 minutes after the top of the hour. what exactly did president obama know about hillary clinton's deleted emails and when? fired fbi director james comey grilled about that behind closed doors, comey's answers show he takes the responsible and she is live next. a newborn baby getting into the holiday spirit. the adorably ugly christmas

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>> it doesn't is a national security problem. it was a mistake she has acknowledged. i can tell you this is not a situation america's national security was endangered. shannon: james comey unable to give an answer for how president obama can make those comments at the time about hillary clinton's private email server. what did president obama know and when? here to discuss it is constitutional law attorney and former prosecutor jenna ellis. thank you for joining us, appreciate it. let's get right to what james comey had to say yesterday when

questioned by trey gowdy. president obama said of her email arrangement i don't think opposed a national security problem. how would he have known that at the time? i can't answer that. >> he also said, meaning obama, that this is not a situation in which america's national security was endangered, how would he have known that at the time? comey, same answer, i can't answer that for him. what do you make of this exchange? >> trey gowdy was showing flair is a former prosecutor with cross-examination style questions which proves to show that either comey was completely incompetent at his job or covering for president obama because he says on one hand that he personally didn't direct anyone else to brief president obama on the situation yet we have that clip that is contemporaneous from president obama saying he made that assessment at the time so which

is it? i would agree with mark meadows who tweeted yesterday that come is showing he's taking no responsibility for the erosion of trust in the fbi and the doj and law enforcement so the bottom line is americans deserve real answers, to have any sort of evasion on these questions but to be direct and tell us can we trust the legitimacy of the fbi? can we trust an investigation from the highest level of government is not going to depend on whether or not you are for republicans or democrats or whether as a political candidate you have a the or are after your name? >> you mentioned congressman meadows, he was asked about funding of the dossier and his answer was who cares? >> first of all he was trying to say it was republican funded and meadows directed him and comey said who cares? it mirrors what hillary clinton said about the investigation, does it really matter at this

point? a lot of talking points are similar to drive the american people away from this investigation which is really critical, we do deserve answers. >> why does it matter now at this point? that is what james comey keep saying, once again i am questioned about hillary clinton emails, once again questions about the server, why should that matter to the american people at this point? >> because that shows what her conduct was as secretary of state and as a presidential candidate, what she did and whether or not she committed a crime and whether she's held accountable under the law and why we as americans live under a system of rule of law that is fair and equal justice for also of course it matters. it would be like saying someone committed a crime 10 years ago, why does it matter today? it matters for justice, matters for legitimacy, it matters whether we can trust that the

fbi is doing its job or being political and ears deep embedded corruption. who knows how many more lisa pages and peter stzroks are at the fbi? shannon: a brief comment on what happens with flynn yesterday. a decision on his sentencing delay james comey defending the way he was questioned by the fbi. >> and that just shows there was bias there. for james comey to bring in michael flynn, he is an expert person and should have known he could ask for a lawyer and having 9 lawyers present with hillary clinton shows he was treating people differently whether there was a d or are after their name. we should not tolerate that as the american public and i am thankful congress is providing oversight and trying to hold the fbi accountable for their actions.

>> thank you. the time is 20 minutes after the top of the hour. the fed sounding the alarm on e-cigarette as a new report reveals the number of teens they think is soaring. the urgent warning all parents need to hear. donald trump and first lady milania releasing this year's official christmas card, looking festive. carly shimkus is here with the reaction pouring in. ♪

>> we got to get out of here. >> what do you suggest i do? flap my arms really hard and head toward the window?

heather: hollywood mourning the loss of an icon, penny marshall passing away from complications from diabetes, she was 75 years old. carly shimkus with fox news headlines serious xm 115 here with tributes that keep coming in. >> what a life, what a career. she is best known for her role as a lover and the fazio in the hit comedy laverne and shirley, who didn't like that show? she made history behind-the-scenes as a director. the first woman to direct a movie that grossed over $100 million. that was big, starring tom hanks remembered her on twitter yesterday saying goodbye, penny, did we laugh a lot, wish we still could, love you. billy crystal honoring her with a tweet saying sad to hear penny marshall's passing, great comedian, director and dear

friend. danny devito also writing this. penny marshall was a sweet woman. i was very fortunate to spend time with her. so many laughs. she had a heart of gold, she could play with the best of them. always all love. she with a legend on screen and behind the camera and she will be missed. >> a lot of huge movies behind-the-scenes, donald trump taking to twitter after the senate passed the criminal justice reform bill. >> last night the senate passed the, justice reform bill sending it to the house where it is supposed to be approved quickly. the president has been pushing this bill, he celebrated the news on twitter saying this will keep communities safer and provide hope and a second chance to those who earn it and everything else, billions of dollars will be saved. look forward to signing this into law. reaction has been positive on both sides of the political aisle.

one presidents to graham says a truly bipartisan effort that everyone can consider progress and a win for all. christopher says great job, mister president and anthony says this is the second bipartisan agreement with congress. i'm not the only american who hopes to see both sides agree on more legislation. what is that? heather: it has to get through the house but let's talk about this christmas card, donald trump and the first lady releasing the official christmas portrait. >> let's expand it. you may not be getting one in the mail but we have one here, the first lady in the president, judging by this picture taken at the congressional ball on saturday. the vice president's christmas card, the vice president and the second lady looking very festive as well. you know you made it when you don't have to send them in the mail and can tweet it out. heather: there is a way people can sign the portrait as well.

they are going to present this to the first lady. that is the keeper. thank you so much. the time is 26 after the top of the hour, democrats rejecting republicans offered to keep the government open in exchange for border wall funding. what does this say about democrat priorities? this was awesome. these packages messed with the wrong guy, the sparkly surprise that has porsche pirates were treating. ♪ ♪ i sure am, linda. they've been saving folks money for years.

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heather: you are watching "fox and friends first". an urgent health alert on the dangers of e-cigarette's use among teenagers. the nation's top doctor sounding the alarm after recent report that 3 million teenagers are they being. kevin corker has more on the crackdown. >> they are not safe, they are not cool and they can cause long-term problems in terms of learning, memory and priming the brain to addiction. >> a dire warning about the increasing popularity of e-cigarette's, threatening to undermine decades of declines in tobacco use. estimated 3.6 million states use e-cigarette's, one in 5 high school students, one in 20 middle schoolers. critics argue the industry has

masked the dangers of their product and knowingly marketed to children, e-cigarette's can look like usb flash drives making them easy to conceal and they come in a variety of sweet flavors. more than a 70% share of the e-cigarette market makes pods that contain as much nicotine as a pack of 20 regular cigarettes. a spokesman for the company says our intent was never to have youth use these products. taking dramatic action to contribute to solve this problem. some analysts believe in a deal to reduce tobacco use the government's unfairly targeting e-cigarette makers. to turn the troubling trend the fda plans to ban the flavored e-cigarette's at gas stations and convenience stores across the country. the white house, kevin cork, fox news. jillian: combing through limited body cam video after two chicago

officers are killed by an oncoming train. officers were on the tracks looking for shooting suspect when they were killed instantly. police said they may have been distracted by another passing train and didn't realize they were in immediate danger. a suspect is in custody of the gun was found near the scene but that person never fired at the officers. officer gary spend -- leaves behind a wife and a 6-year-old daughter. funeral services will be held friday and saturday. chaos era putting on highways in france as protesters torch, police arresting 17 yellow vest protesters for burning down an entire toll station. several people died in car crashes in recent weeks as protesters blocked major roads, demanding higher wages and tax

equally, the firemen striking france, officials consider giving nearly $400 bonuses to thousands of officers. police unions calling on officers to start their own protests over working conditions and pay. how about nikki haley? us ambassador to the un taking aim at the saudi prince telling the washington examiner, quote, the prince has to lose the, quote, and of his nature in which he has been acting. he leases the prince owes accountability for what happened to jamal khashoggi who was murdered in the saudi consulate in october. the saudi prince denies involvement. alias remarks came the same day of her final address to the united nations. she is stepping down at the end of the year. federal employees will get christmas eve off. the president signed an executive order declaring the federal government will be closed monday. some employees may have to work for national security reasons. the president is starkly granted extra vacation day when

christmas falls on a tuesday. it is back to the drawing board for the senate. senate democrats rejecting republican border wall funding deal forcing renegotiations with less than three days until the deadline so is this proof the democrats have become the party of no border security? here to weigh in his former deputy assistant secretary of policy and economic development doctor gavin clarkson who lives 40 miles from mexico border. thank you for joining us, appreciate it. what do you think of this? democrats becoming the no border security party? >> always seem to have been the party of no border security. democrats actually voted for the wall in the past, voted for funding of the very wall donald trump wants except when it comes to a time to actually implement border security, they totally failed and they once did

demagogue this issue particularly in the instance of the 7-year-old girl who died. the reason she died is democrats allowed this incentive to be in place for parents to irresponsibly drag their children across a dangerous journey across the desert. if we had the wall the incentive to defraud our asylum system would be gone and we wouldn't have children dying. shannon: i want to bring this up, tweet the president sent out yesterday on the border wall, democrats are saying loud and clear they do not want to build a concrete wall but we are not building a concrete wall, we are building artistically designed steel slats so you can easily see through it. it will be beautiful and give the country the security citizens deserve. it will go up fast and save billions of dollars a month once completed. what do you make of the tweet he

sent last night? >> absolutely true and what most people don't realize is building the wall is economic development for rural places like southern new mexico because not only do you get the construction jobs in the beginning to build the structures but in order for the wall to be effective you need to have electronic monitoring and that requires working with high-speed broadband down to the border and much of the border areas particularly southern new mexico our 20th-century dial-up speed and the only way to participate in a 21st-century economy is with the broadband you would need to support the electronic monitoring so the president's wall is needed and will create jobs and our portion of the wall will pay for itself with the increased economic development. heather: republicans online are pretty mad, the president is holding on this, not keeping his promise to build the wall and have mexico pay for it and at the same time we have this news that came out that the us is

pushing $10 billion to develop central america and southern mexico. we have the money for that but not funding the border wall, nothing seems to be getting done on the wall. >> democrats would rather have an issue than solve the problem. it is long time past that we need to have good policy rather than partisan politics, they would rather demagogue the tragic death of a 7-year-old girl then fix the problem. we need to stop having this incentive for migrants to make the dangerous journey, show up and commit fraud the moment they show up on the border and it is truly tragic that this young girl died but the responsibility for that lies with her father who made the mistake of dragging his daughter across the desert and lies with democrats who consistently refused to secure the border. heather: a 7-year-old little girl lost her life and we are

still haggling over the border wall, to build or not, where the funding is going to come from. to go back to the $10 billion being pledged to central america and southern mexico, the reason behind that is incentives for these migrants to not make the journey to begin with. do you believe that will work? >> as an indigenous person, the challenge of poverty, communities in quantum allah, at the same point unemployment in new mexico is 56% so i am far more interested in promoting economic development among our own indigenous population before necessarily focusing on folks overseas. heather: good points you brought up in terms of the economy and economic incentives to build the wall. thank you so much for joining us, we appreciate your insight. >> thank for having me on.

heather: 20 minutes until the top of the hour, neighbors on edge as random explosions continue to rock one community. the brand-new lead police are following. looking to boost your credit score? smartphones could help millions of americans with their finances. ♪

>> in arizona man sent to prison for threatening to kill donald trump, schmidt getting 3 years behind bars after leaving threatening voicemails in nebraska. schmidt claimed he wanted to kill 3 nebraska state officials, the threat made after his conviction on a prior felony charge. he was found guilty in september.

another arizona man sentenced to 12 years behind bars for helping a new york college student join isis. augment mohammed alger mall told the judge he is a proud american and asked for forgiveness. he helped sammy get to prison where he later died fighting for isis. prosecutors say the two communicated extensively online. some business news. paying your cell phone bill may strengthen your buying power. tracy carrasco from foxbusiness here with more on changes coming to your credit score. >> wall street journal reporting, factoring in your smart phone. and other utility payments into your credit score. if you don't have long borrowing history this could help you out, maybe you hand "it card in your

own name. 1.5 million people could soon have a credit score because of this change. consumers will be able to opt into this program so starting early next year you are going to be able to take advantage of this change if you would like to. heather: something i would like to opt into his krispy kreme donuts. that time of year. >> gingerbread glazed donuts making their return to krispy kreme starting today for next monday, christmas eve. these are described as a spiced gingerbread version of krispy kreme as original glazed donuts with warm gingerbread molasses glaze. sounds delicious. heather: we need krispy kremes onset, we need an example. >> i will work on that. heather: there is time. thank you. the time is 15 minutes until the top of the hour and a pair of

heroes run straight into a raging inferno to save a trapped man. >> did you pool him out? heather: would you be able to do that? the insane rescue caught on camera. christmas is a week away. is all your shopping done? know. some stocking stuffers that can help all of us next. ♪ making a list ♪ checking it twice ♪ going to find out who's noddy and nice ♪ santa claus is coming

heather: christmas is less then a week away and little time to

do so much if you have a lot left to do. it can be a struggle to find gifts for your family stockings but we've got you covered with top stuffers this holiday season. joining me his lifestyle expert, thank you for joining us. a week away. >> some great ideas for people for the last minute. collectible. i have two little boys. collectible, something that is really great to give. these are from ebay. they have a full selection for this than $10, stocking stuffers for everyone on your list, items shipped for free and around crunch time they have guaranteed delivery in 3 days or less. you can check those out and great for unusual gifts. >> they have brand-new items but great for finding things that you can't go into the

supermarket and purchase. heather: everyone knows they -- a beloved the book and the holiday classic movie how the grinch stole christmas, these are official dr. seuss phones and tablets, the hottest phone accessories. the tablet on your phone, has a collapsible grip so it is easier for texting, calling. >> so you don't drop your phone. >> extra large phone, $16.99 on amazon. everything here -- the grinch, these are the grinch bandages, the latest decorative bandages from band-aid brand and fun for the holidays. a stocking stuff for the one. my little guys of test with band-aids. heather: a little boo-boo not bad. this is a treat and a toy in one. >> these are tender joy eggs

that have limited disney princess, star wars, a new collection of toys. heather: how did it work? something inside? >> on one half is a treat and the other is reform. >> something going to pop out? >> what happened, one half is treat and one half is a toy. it is so cute. a little c-3 po, really delicious. these are for little kids. they are personalized. obviously holiday aprons and mixed, this is a marketplace that has beautiful curious stuff. it is crunch time. today or tomorrow you want to do that. help mom and dad in the kitchen, the stockings are from there. we have coal in your stockings,

charcoal, obviously you can do hands-free, google, set up an alarm, $29. heather: some call you might want to get. and finally right here. >> i'm obsessed with turkey. can't decide which one i want. this is $14.95 a month. what you do is choose perfume from 450 designers and get a 30 day supply in a sleek travel sized container. heather: every month. >> you choose what you want and have travel size. if you travel a lot, what is nice is you mention the certificate, they can choose what they once. heather: thank you so much, you just went through everything, great energy for 4:00 for 4:00 am.

the time is 8 minutes until the top of the hour. hopefully you got some great ideas, we will be right back. shouldn't be hard work! tripadvisor searches over 200 booking sites to find the lowest price on the hotel you want! we make it easy... for you to take it easy! tripadvisor.

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the loud boom shaking walls and windows. the next plane explosion started 2 months ago. police release this picture of a white truck they call a vehicle of interest. surveillance captured someone walking by just seconds after the explosion. police and bomb squad are investigating. two shares deputies risk their lives to save an unconscious man trapped in a burning car. a warning the video might be hard to watch. >> come on. >> the texas sheriff's office says just a few more seconds would have made all the difference between life or death for that victim. very lucky.

now it is time for the good, the bad and the ugly. we begin with the good. they were just born and are already attending holiday parties. a hospital in pittsburgh addressing newborn babies and christmas whether for an ugly sweater party. the many sweaters were knitted by one of the nurses, never ugly when they are beautiful little babies. the bad. a wife and daughter facing charges of trying to spread holiday cheer in lockup, they are accused of trying to use a drone to smuggle tobacco and cell phones into the florida state prison when prison staff call drone hovering over the rooftop. finally the ugly. a former nasa engineer turning sweet revenge with sparkly glitter bombs catching package leaves off guard. ♪

heather: the device exploding with glitter and a stinky aerosol spray with four smartphones inside to capture the surprise, the porch pirates taking off. that wraps of this hour of "fox and friends first," thank you for joining us. "fox and friends first" continues right now, goodbye. it is wednesday, december 19th. the clock is ticking, three days to avoid a shutdown as republicans push for a plan to keep the government funded. rob: could the white house be softening it stands on the $5 billion demand for the border wall. who cares? that response from fired fbi director james comey when asked questions related to spying on the trump campaign? jillian: transcript from his closed-door interview released. ♪