>> good morning, it is thursday, january 3rd and this is "fox and friends first". happening at 4:00 on the east coast congress back to square one on the shutdown. after democrats derail yet another attempt to make a deal but with the house changing hands today is the wall officially a bust? we are live in washington. >> why are we allowing criminal illegal aliens into this country. the government's number one priority is to protect its citizens, that includes border

security. >> at the left calls for open borders two of california's top cops are echoing donald trump and turning a police officer's tragic murder into a wake-up call that did save lives. the state department offering new support to the former marine held as a spy in moscow. more on the effort to clear his name and bring him home. "fox and friends" starts right now. ♪ ♪ i will be there for you ♪ ♪ looking for a good time ♪ >> live from the streets of new york city, the sun has yet to rise but it will be a good day, it is 2019, day 3. a new beginning for all of us, you are watching "fox and

friends first" this thursday morning. thank you for starting your day with us. let's begin with the situation room showdown. did you see this picture, donald trump holding firm on the border wall after democrats are accused of derailing the high level briefing and still no deal is the partial government shutdown enters day 13. don't lose 8 or live in washington with democrats about to take over the house. >> we are getting ready for congress to be sworn in today, no deal on border wall funding, the president is holding firm. >> this isn't just the border, this is national security, health and wellness, everything. we are going to see, maybe they have an idea. i talked daca. >> the president a cabinet meeting at the white house, later gathering with republican and democratic leaders, this doesn't result in a compromise

with you decide. >> they want to leverage the shutdown into their proposals on border security. we believe hours is better but to use the shutdown as hostage which they had no argument against is wrong. >> the kind of proposal you would expect if incoming house democrats were choosing to stage a political starch a rather than doing the hard work of helping the country. >> reporter: not all was lost, the president invited congressional democrats and republicans back to the white house tomorrow for additional talks. heather: we will see if they get anywhere. lawmakers are back to square one on the shutdown. it is because democrats would rather derail any shred of progress than accept the crisis

at the border. >> the president opened the meeting and turned to secretary nielsen, introduced her and said now she's going to begin her briefing. within 5 seconds chuck schumer prompted nancy pelosi to cut her off. have they listened, have been able to understand, have they believed the information they would now know cvp has arrested 17,000 convicted criminals in one year coming into this country. ice has detained almost 4000 known or suspected terrorists, thousands of gang members have been arrested at the border as well. nancy pelosi refused to listen to those numbers. you want to know where the president stands? stands for the safety and security of the american people. what democrats have on full display today was they stand for hundreds of thousands of people

who come here every year illegally and unlawfully as opposed to hundreds of millions of american citizens. >> the white house is slamming democrats for wanting to spend as much as $54 billion on foreign aid while only offering $1.3 billion for border security not including a wall. the illegal immigrant accused of shooting and killing a california police officers charged with murder. todd pyro joins us live as officials call on the state to end sanctuary city laws they say allow the alleged killer to roam free. >> reporter: gustavo perez arriaga his real name is poppa mendoza appeared in court for the first time but did not enter a plea. his attorney handling competency to stand trial, the judge ordered a doctor's evaluation before the next court appearance in february. the suspect who is from mexico and was in the country illegally, had known gang affiliations and two prior dui arrest accused of gunning down ronil singh the morning after christmas following a dui stop,

a slain officers colleague saying enough is enough when it comes to california sanctuary laws. >> why are we allowing criminal illegal aliens into this country and why is there political interference in the first place in our ability to protect our communities and have communicational work with ice? >> time to start talking about making communities talk to each other and getting back to where we were years ago where we weren't fighting among each other all the time. >> reporter: us immigration officials confirmed they had no contact with the accused killer until his arrest. goodbye at a funeral service followed by an honor guard. if there's any good news out of this, donate to the family of ronil singh and the tunnels to tower fundraising effort to pay

off the family mortgage has raised $238,000 out of $300,000 needed. heather: you can count on that being legit. i constantly think about that. thank you so much. let's go to idaho where an idaho nurse is under investigation for possible ties to the case of that missing colorado mom. the woman may have disposed of kelsey barrett's cell phone. opinion idaho 3 days after it disappeared. it is unclear if the women knew each other. her fiancé is charged with murder. their families will fight for controversy of the one-year-old daughter. a year after the mass shooting at a florida high school, a new safety report that find schools in the state are unsafe, the 458

page review outlining, local police and the fbi. it includes recommendations to increase safety by changing florida law to allow trained teachers to carry guns. 17 people were shot and killed at the parkland school last february as deputies waited outside. we now know the name of the marine killed in an accidental shooting. riley was shot on duty during a shift change in washington dc when weapons were supposed to be unloaded. his mother says it was his duty to join the marines. >> he was born to be a soldier, what he wanted to do since he was little. he wanted to serve his country and get back. >> no criminal charges have been filed so far. the minnesota native received a

medal for the global war on terrorism and national defense. what about this? in american man accused of spying and russia, john huntsman, paul whalen, retired marine is detained in moscow on espionage charges. the state department is demanding answers about the nature of wayland's arrest and why it took so long to gain access to him. family claims the michigan man is innocent and was in the country to attend a wedding of another ex-marine. dozens of donald trump's nominees are confirmed in a rare bipartisan moment on congress avenue/day. overnight the senate signing off on 60 nominations just hours before the deadline. the package includes nominations for 2 dozen countries that have been held up, director of the census bureau along with eight us attorney nominations.

so bipartisan agreement. you are looking at the world's first up close image of the far side of the moon. this is really cool. overnight china claiming the first ever landing on what is often called the dark side. the mission will measure the moon's terrain and mineral composition, landing on that side is difficult because it faces away from the earth and with no direct way to communicate with the spacecraft. the dark side of the moon, tom petty. as nasa has its sights set on a site 4 billion miles away, some stunning new pictures from the ultima flyby, the ac world kind of looks like a snowman. what do you think? nasa believes it was formed during the birth of the solar system more than 4 billion years ago. a couple amazing stories right there for you. the time is 10 minutes after the top of the hour, still no solution on the shutdown after

democrats refused to budge on the border wall and with the house changing hands today, is the president's agenda dead in the water? jim carr says not so fast, this is the real world of deal. text the -- texas and georgia's mask are not the only ones with the beef. you knew this was coming, peter and a new call to sideline all animal mascots for good. ick. wi. zicam is completely different. unlike most other cold medicines... ...zicam is clinically proven to shorten colds. i am a zifan for zicam. oral or nasal.

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trying to get some work done. >> interesting, the government shutdown is a real-life part of the deal and this is something donald trump is good at. interesting to watch this unfold, use a democrat yesterday emerging from that meeting offering no counteroffer. >> they were doing that before they went into the meeting saying, both sides of said nonstarter, nonstarter. that's not the way to compromise if you go into it knowing you are not going to offer anything. >> republicans have offered something, donald trump offered that $5 billion figure, less than 1/10 of 1% of the budget. and my sources at the white house a donald trump is not going to back down. he does expect a counter offer from nancy pelosi and if democrats don't get a counteroffer, at least some type of offer in return democrats willfully on the shutdown.

imagine walking into a negotiation when buying a new car or new house and there's no counteroffer. this is astonishing and shows how doug in democrats are. >> especially if it is true, lindsey graham met with the president sunday over lunch and they talked about possible compromise, giving something democrats they longshot for, changes in terms of immigration policy including daca and dreamers. >> back to bipartisan live on her cabinet meeting on february donald trump made clear he told nancy pelosi and chuck schumer i will sign any immigration bill you bring to my desk, it has been almost a year now. the fact this meeting was held in the situation room yesterday tells you everything you need to know how precarious the situation is at the border. there is one reason the white house did that, to share

confidential intelligence information about enemies coming across the southern border. that should be enough to propel democrats into action but it is not. a lot of people up in arms saying donald trump caused the shutdown over his pet project, the border wall that failed to realize barack obama did the same thing over his pet project come his namesake legislation, obamacare in 2013 and bill clinton shut down the government in 1995-96 over his environmental pet projects, things like hillarycare. >> the downs have happened before and democrats voting in favor of a wall and border security in 2006 and 2013 as well. you can't argue a different time, different president. >> republican president. look at chuck schumer who voted yes on the 2006 secure fence act, so did hillary clinton and barack obama.

astonishing they won't support almost the same legislation but they won't do it because it is donald from. heather: not willing to explain that. nancy pelosi slated to be the speaker. is donald trump's agenda dead in this divided government were once nancy pelosi takes over as speaker it is confirmed will she be willing then to negotiate more? >> there is room for negotiation, no doubt democrats do not want to give donald trump and in, they want to make in a lame-duck so he's not successful in 2020. election bid. nancy pelosi has carved out some pretty aggressive policy priorities for the new session, she wants gun-control measures, background checks, pharmaceutical prices lowered, she wants campaign finance legislation passed so she has a pretty heavy lift and even if

she gets those past she still has to get to the president's desk and have him sign it. here's where checks and balances come into play, the president has the power of the veto so they have something she wants, she has something likewise so there's a bargaining range. this is where it gets exciting. >> that also goes for this plan to reopen the government because the senate has to approve it and the president has veto power so you have to do some sort of negotiation if you want him to not do that. >> my prediction he wins this, he wrote the art of the deal. we will see how it goes.op of t hour, the shutdown isn't the only showdown brewing on capitol hill. why alexandria 15 plans to define nancy pelosi as soon as she is sworn in plus. >> winter is coming. >> winter is coming.

>> winter is coming. >> donald from taking a page from game of thrones in teasing iran's sanctions. carly shimkus rounding up the biggest stories taking over the timeline this morning. ♪ amazon prime video is now on xfinity x1.

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show me best of prime video into this... you'll see awesome stuff like this. discover prime originals like the emmy-winning the marvelous mrs. maisel... tom clancy's jack ryan... and the man in the high castle. all in the same place as your live tv. its all included with your amazon prime membership. that's how xfinity makes tv... simple. easy. awesome. todd: 1 back. alexandria jakelin caal define her own party announcing she would vote against newhouse rules proposed by nancy pelosi. carly shimkus with fox news headlines 24/7116 fm with online reaction. good morning. and the latest show of division

between establishment democrats and progressive newcomers alexandria 15 so she won't be backing a house rule package nancy pelosi supports, the incoming congresswoman tweet did the about it saying tomorrow i will vote no on the rules package which is trying to slap and hashtag pay go, it is not only bad economics, it is also a dark political maneuver designed to hamstring progress on health care and other legislation. the so-called pay go back to by nancy pelosi would require any new mandatory spending for entitlements be offset by revenue increases so it doesn't affect the federal deficit. some people in social media are responding to this political infighting, one person instagram says my enemy's enemy is my friend? another person tweeting nancy pelosi is the problem and is part of the establishment of corporate democrats but nelson

onto referring to alexandria ocasio-cortez so she needs to recalibrate, stop listening to bernie sanders and committee, listen to your constituents and get out of the news cycle for a bit. he hasn't had time to do that yet but it is true that a slate of new congress men and women will be sworn in at noon today so she figured out a way to pay for her apartment in dc. >> i guess it. let's talk about donald trump and the game of thrones seemed poster. >> i hope you can see this. we have a monitor issue but the poster says sanctions are coming. it was seen at the cabinet meeting the president had yesterday playing off the iconic phrase from game of thrones which is winter is coming. the poster referring to sanctions against iran. the president tweeting about it. guess what? hbo responded, it went viral

yesterday, saying we were not aware of this message and would prefer our trademark not be misappropriated for political purposes. a bunch of other people thought it was kind of funny. denny's on twitter timing and that poster is hilarious, thank you mister trump and teresa on facebook saying i can't member the last time i laughed so hard. sanctions are coming. >> come on, gives them a little -- >> gives them promotion. >> exactly, for their show. it means to come back center. agree with you there. the time is 26 minutes after the hour. many dreamers made it their personal quest to flip the house so they could get a deal on daca. republicans are offering democrats a trade for the wall so why aren't democrats listening? we will debate that next. >> i don't -- i know what my principles are and what is right for the country and i know the

right now the country is as divided as i have ever seen it. >> mitt romney doubling down on his criticism of donald trump, flip-flopping along. we are live with the president's moved to offer him an olive branch.

>> welcome back. half past the top of the hour you are watching "fox and friends first". donald trump extending an olive branch to mitt romney even though the incoming senator is bashing his leadership. live with more on how the president is responding to romney's latest attacks. it is not the first time. >> they are sparring. they are on two different wavelength, donald trump wants to work together is republicans, the senator elect continues slamming his leadership and character. >> the country is as divided as

i have ever seen it. people in many respects our angry and resentful and they want to see leadership who can unite us. >> reporter: he didn't stop there, writing a scathing op-ed in the washington post that says in part with the nation so divided, resentful and angry presidential leadership and qualities of character are indispensable and it is in this province where the incumbent shortfall has been most glaring, donald trump heading back saying he would rather romney focus on issues like border security. >> if he fought really hard against president obama like he does against me he would have won the election. i wish ms. could be a team player. he agrees with many of the things we have done and many of the things we have in mind and we will see what happens. >> reporter: romney's nice involved saying the president is intact and of started by the mainstream media and democrats 24/seven. running, republican freshmen

senator to attack the president as their first act feet and with the democrats and media went and it is disappointing and unproductive. mcdaniel will join "fox and friends" with more on her uncle's dispute with the president. romney responded to the president saying he is willing to work together on issues regardless of whether they agree or disagree. heather: great to have you with us. in a letter revealing the fbi was divided over the clinton email probe and rod rosenstein controversy. and a e to whitaker, house republicans say the former top lawyer subjected the decision to not recommend charges against clinton wasn't unanimous. that is despite ask fbi director james comey saying the bureau found nothing worth pursuing. the letter revealing disagreements on how to handle

allegations about secretly recording donald trump. donald trump's pick for attorney general william bar will had to capitol hill this month, the senate judiciary committee setting confirmation hearing for january 15th, and 16th was the former attorney general to george hw bush was nominated to replace jeff sessions who was fired by the president in november. matthew whitaker is the current acting attorney general. we will see what happens with those confirmation hearings. the government shutdown could put a snag in your new year's resolution to find a new job. the e-verify portal run by the department of homeland security is not being updated. it allows businesses to check if employees are eligible to work in the us. according to the hill the feds processed new hires, once the program is back up and running. let's talk about this.

more than 700,000 illegal immigrants are protected from deportation under daca and while they can't vote, many push to flip the house in hopes of a deal it is democrats refused to budge on the border wall republicans are proposing a trade. >> give president $5 billion for wall/border security, the daca population gets work permits so they don't have to worry about getting deported anytime soon. the president said let's make a deal, democratic response is go to hell. the only way to get wallace to fight for it. arthel: 0 will democrats keep the aca off the table to refuse the wall? to debate, antoine seawright and commentary writer t on a low. let's start with you. senator graham laying out a

compromise making daca part of the deal, something democrats have fought for but democrats refused to come to the table. >> the senator is correct. if you look, the original dream act proposed by orrin hatch in 2001, something republicans long maintained, the fact that daca recipients or dreamers are uniquely sympathetic group of individuals because they came here illegally through no fault of their own and if democrats really want to protect this class of 1 million individuals, then they need to come to the table and give trump $5 million for the wall and trump's proposal for a physical barrier is unique, republicans have long maintained they would always be willing to exchange some degree of forgiveness to dreamers in exchange for more border security, john mccain said this a decade ago. heather: many of the same

democrats voted in favor of this before. 2006, 2013. what is the difference this time around and who should these recipients blame if they are not willing to start negotiations, if republicans are willing to put it on the table. >> they voted for comprehensive immigration reform package that was bipartisan and made its way through the political process, this president and congress shut down the daca program, to float this is a political nugget is hypocritical. >> the daca program for border security, it was this president per his request, bring me a bill to my desk that republicans and democrats agree, twice that was rejected in the past two years

by this president was the only thing democrats are saying is we have given you $1.6 billion in a continuing resolution reform for border security and you're asking for an additional $5 billion. let's work on bipartisan legislation that will pass the house and senate for comprehensive immigration reform, not to check the campaign box and that is the difference. heather: i would disagree on that but i will toss it to you in terms of comprehensive border security. it seems to me that is what republicans are talking about. a wall in some areas, i was reading and people make fun of that. is getting that from the cvp.

and in different areas, it changes, in some areas a concrete wall, some areas need a fence and some areas need more money to hire more agents. that is part of this but democrats will not include the word wall. >> that is not true. what democrats have been saying from the beginning is let's make this not about your campaign rhetoric or campaign politics, using the president's tone changing based on twitter. heather: based on people at the border. you get the final word on this. >> the president has the popular mandate to fulfill a key campaign promise. a popular mandate. it was his number one most significant campaign promise. it is ultimately unconstitutional and only offers conditional support to dreamers.

i am in favor of a constitutional measure providing protection as opposed to keeping dreamers political ponds at the behest of whatever the party and powers. why not provide permanent protection to the form of legislation? >> have you talked to the majority party? they shut down the daca program. >> now it is back on the table and hopefully we will move forward with a conversation like this would it would be great if these folks had a conversation like this and worked it out. not just the campaign promise when people are dying on both sides. >> she said it. heather: thank you for joining us. it is a hot issue which is why we are here. the time is 20 minutes until the top of the hour. the same governor who said this. >> we are not going to make america great again. we were never that great.

heather: now thinks he knows the secret ingredient to putting a democrat in the white house. andrew cuomo thinks is the best bet to beat donald trump. from shirts sewn on top of each other to dirty, taped up sneakers, that is the thing, 2018, bizarre year for fashion in 2019 looks to be no different. fashion faux pas already making headlines. ♪ ♪ hot stuff

heather: bernie sanders coming under fire for the response to sexual harassment allegations from staffers on the 2016 campaign. >> i was busy running around the country trying to make the case. we did everything right in terms of human resources coming in

terms of addressing the needs i'm hearing from now. if we run we will do that. heather: his remarks come hours after report by the new york times claims allegations were never dealt with. the report says women on the campaign were paid less then men. the vermont independent is considering a 2020 presidential run. if it were up to andrew cuomo, former president joe biden would get the nomination. he is telling a local radio station biden is the party's best bet to win. >> my $0.02, i think joe biden has the best case because he brings the most of the secret ingredient you need to win for a democrat which is credibility. heather: do you agree? joe biden has not announced he will run in 2020 but he has hinted at it. to partly is targeting customers ringing in the new year with diets. tracy carrasco with foxbusiness

is here with new meals they are dishing out. a diet with chipotle? >> they are offering lifestyle bowls which will accommodate several different diets. and double protein diets, all of these are using ingredients that are available at chipotle. people are ordering their own commendations for these diets but now they will be available through the apps. chipotle wants to make it easier to eat healthy while still enjoying your favorite lunch time spot. heather: that is not a bad idea. some of the difficulty. >> you might do well. heather: the chinese car company wanting to put a tablet in your steering wheel. i don't know if that is safe.

>> they went to put a tablet insider steering wheel, that will allow you to control the radio, the climate and connect to several different apps and that will make it less distracting than having a console with this screen. more details will be unveiled at the upcoming consumer electronics show in las vegas next week. they hope to bring this to the united states by 2020, tesla, watch out. heather: you can't do the internet on it. it is 15 minutes until the top of the hour. why is a supreme court justice intervening in the mueller probe? connecting the dots in a highly unusual movement next.

>> welcome back, robert mueller is facing an unlikely roadblock for john roberts who temporarily blocked a special counsel granting a subpoena for an unnamed for incorporation as part of the russia probe. when can we expect to learn anything if at all about this mystery corporation and why did the chief justice intervene? helping us to shed light on this development to senior legal fellow at the heritage foundation, thank you for joining us this morning. tell us what if anything we know about this foreign company and what does it have to do with the mueller probe? >> it is a grand jury subpoena of a foreign corporation owned

by foreign government. the corporation is not identified, neither is the government and we don't know what information is being sought but one of the reasons the supreme court may have taken this is the subpoena makes it clear they are seeking information for actions taken by this for incorporation outside the united states. mueller said these actions had an effect inside the us but basically this foreign entity, foreign government is saying we have sovereign immunity. we are immune from domestic court processes and don't have to respond to the subpoena. that is an interesting question and a determination the supreme court has to make. heather: when will they make that determination? do we know if this has to do with the collusion part of the investigation? it branches into so many areas.

>> we don't know if it has to do with the collusion investigation because many of the indictments mueller has come out with had nothing to do with the russia collusion investigation. we should probably hear something soon. the chief justice asked the parties to brief them by the end of december so now the court has it and have to make a determination. even if they issue a decision we may not get any information about which foreign government this was, who the corporation was or what information, the court may say they are entitled to information or the grand jury is not entitled to the information. heather: the information may never be released to us. >> exactly right, not unless at some point there are criminal indictments that results from this investigation. heather: do you think this was part of the whole, legally if

someone is being wiretapped, if there are conversations back and forth that is how they discover this foreign company? >> it could be but the key thing we know from the secret filings is these actions occurred outside the united states so we really don't know what is going on, if it had anything to do with the actual collusion investigation. heather: if there were conversations reported with someone here currently in the us, that will not allow necessarily for them to be subpoenaed. >> potentially not but that is the question the supreme court has to decide. these actions tied not to the united states domestically to make the subpoena valid. heather: a lot of people keeping their eye on it and costly decisions this afternoon. >> no telling how quickly the

supreme court will act on this. heather: thank you for joining us, we appreciate it and we will be right back.

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♪ bill: we will see if sparks fly on capitol hill today, live shot at washington dc.

the health meet for the first day of the 116 congress along with the senate at noon eastern. democrats in charge of the house planning on a funding bill to end the partial government shutdown. we will see if that happens and if donald trump allows them to move forward. a lot of work to be done starting today. let's talk about peter. we knew they would get involved, peter went to live animal mascots band after things got out of control at the sugar bowl. i've not seen this before. we showed you the texas longhorns 800 pound mascot charging at georgia's bulldog after the bull broke out of its pen. the animal rights organization is demanding the school retire the animals sing public appearances can frighten them and lead to dangerous situations. not a good idea putting them close to gather.

a startup company wants to make an out of this world experience, spaceflight origin of the netherlands ones to send a pregnant woman and team of doctors to space. they will return to earth once the baby is born. the company will give humans a better understanding how humans will we produce of earth becomes unlivable. they hope to launch the mission in 2024. who will volunteer for that? time for the good, the bad and the ugly. the good, a couple says i do giving back to hungry children. they tied the not in a minnesota nonprofit, it included some dancing and preparing meals for 60 children for an entire year. the bad, and iowa man arrested for assaulting a convenience store clerk with a banana. the man chased the clerk around the store throwing multiple

items causing $1000 in damage. the clerk was trying to step in on a domestic situation. the ugly, backpacks the latest fashion trend of 2019, oversized bags made by japanese complete the way 3 and half pounds, $240 before shipping. no. too heavy. that wraps up this hour of "fox and friends first". "fox and friends first" continues right now. goodbye. >> the president said let's make a deal. the response is go to hell. jillian: thursday, january 3rd, democrats refusing to negotiate a border wall deal as the shutdown enters day 13. rob: the president is holding $5 billion before democrats take control of the house. >> if he is a team player that will be great. rob: mitt romney taking hi