for that, we thank you. tune in later on the five. i'll show you something greg gumbel has been saying. he's right. animals are indeed great. see you soon. >> shepard: it's noon on the west coast. the white house says the president is planning to take a trip. a trip to the southern border this week. he's talking about declaring a national emergency to build a barrier without congressional approval. that will be likely met with a legal battle. democrats say they'll fight as the partial government show down drag into a third week. also, today we'll hear live from the brother of american accused of spying in russia. russians say they caught paul whelan red handed. his brother insist he is no spy. kevin spacey goes to court on charges he groped a teenager on

nantucket. kevin spacey's lawyer say, it doesn't prove anything. our reporting begins now. >> announcer: now "shepard smith reporting" live from the fox news desk. >> shepard: good morning. our reporting begins with week three of the partial government shutdown. no end in sight, at least for now. president trump now announcing he'll give a televised speech tomorrow night. he's ask broadcast networks for time. we don't know yet whether they've agreed. in that speech, we could hear more about his threat to declare a national emergency so he can build a barrier without congressional approval >> we have to have border security. we're -- it could get worse and worse. >> shepard: a move around congress will be challenged this court. democrats are promising a fight. >> in this case, i think the president will be wide open to a court challenge.

where is the emergency. you have to establish that in order to do this. beyond that, this will be a terrible use of department of defense dollars. >> shepard: the president announced today he'll visit the southern border this thursday and he's not budging on more than $5 billion in money to build the beginning of that wall. he did say he would build a steel barrier instead of a concrete one. some democrats say a boarder wall not only goes against all of american values it's also not going to work. they say they support other forms of border security and are willing to give some money for it. now with democrats in control of the house of representatives, they're planning to vote this week on bills to reopen all government agencies. if the white house and the congress can't come up with some sort of agreement, hundreds of thousands of federal workers may not get paychecks again on friday. now, team fox coverage. the chief correspondent michael manual reporting from capitol

hill. first john roberts. >> reporter: good afternoon. we've learned that the address that the president plans to give will be from the oval office. it will mark the first time that he has addressed the nation in prime time from the oval office. that adds lot of weight to it. a prime time address from the oval office does carry for the president of the united states a lot more weight. the president will be making the argument about a border barrier on humanitarian and national security grounds. the president tweeted about that just a short time ago over the weekend, he frequentsly used the word crisis to describe what is going on with the border. difficult to see how this impasse is going to end. one side or the other would have to cave or the president may try

to act unilaterally. he made it clear in a letter to the chairman of the senate appropriations committee, richard shelby of alabama what he wants. the president saying he request $5.7 billion for construction of a steel barrier of the southwest border. the administration full request will fund construction of approximately 234 miles of new physical barrier. the president also tried to take away an argument from democrats. they have imposed since the campaign against this idea of concrete wall. the president saying we will not talk about a concrete wall we'll talk about a steel slat wall. the president making the point on several occasions that he may just try to do this by himself by declaring a national emergency. listen to what the president said. >> we're looking at a national emergency because we have a

national emergency. just read the papers. we have a crises at the border of drugs, human beings being traffic all over the world. they don't like concrete, we'll give them steel. steel is fine. steel is actually more expensive than concrete. it will look beautiful and it's strong. >> reporter: the democrats pushing back against the president's idea declaring national emergency. congressman castro and jared nadler holding a press conference. >> we would certainly oppose any attempt by the president to make himself a king and a tyrant by saying they can appropriate money without congress. that is perhaps, the most dangerous thing he is talking about since he became president. >> reporter: lot of moving pieces. only thing that's clear is both sides got their heels firmly dug in. >> shepard: there's a travel more on the travel plan to the southern border. lot of his supporters have been

urging him to sell this harder. >> reporter: he'll be congress that. he'll be traveling to mcallen, texas hidalgo, north of the mexican city. right in the heart of the rio grand valley. there's about four miles of border fence there right now. it's right by the border crossing there in hidalgo. that's an order where border fence doesn't work. what the president is going to do is go down there, talk about the crises, highlight what i.c.e. is doing. where he's talking about building the fence is southwest united states, new mexico, arizona and california. we said it many time, you can't build a fence right along the river there. you can't build it in the middle of the river. he doesn't want it there. he wants it elsewhere. >> shepard: mexico will pay for it is promise thing of the past.

just for context, the president -- as far as the broadcast network, last time i can find anything sort of like this was 2014. president obama had asked for some time to talk on the networks regarding some executive action that he was going to take on immigration and all four of the broadcast networks, fox included, said no we're not going to do it. we'll stay with prime time programming and cable news networks. ran it. there's no decisions from the four broadcast networks including fox broadcast network. if that changes we'll let you know. team fox continues. michael manual live up on capitol hill. hello mike. >> reporter: some democrats trying to turn up the pressure on mitch mcconnell. they don't want to vote on anything unless they're voting on reopening government.

>> the person who's missing from the negotiations is mitch mcconnell. the majority leader had us going out of session just before christmas when the entire senate unanimously voted for a package in would have kept the government open. he's saying oim i'm out of -- i'm out of this. >> president trump is so right in standing firm with millions of americans who are saying, let's solve this issue. leader mcconnell is correct to say, we're not going to take up something in the senate unless it includes border wall funding. >> reporter: leader mcconnell felt burned by having the senate vote for the extension right before christmas that would have kept things going to february 8th. >> shepard: there was a bipartisan plan to reopen the government. i mean in the house, republicans and democrats in the senate,

republicans and democrats, there's plan. it's not going anywhere right? >> reporter: you're right. next play from house democrats they'll vote on these individual funding bills to reopen individual agencies of the federal government and bottom line, they trying to turn up the pressure with one key democrat, the house armed services chairman saying, this warning to president trump >> i think will be huge nost declare a national emergency. there's no national emergency. that's what underline this issue. we have spent an enormous amount of money on border security. we've built a wall over a good portion of the border long before president trump got in office. >> reporter: on the other side, a key house republican said speaker nancy pelosi has gone way too far with her argument >> i was struck this week when speaker pelosi said this was a moral issue. we have some sort of barrier across 30% of the border to go to 40% is a moral issue?

it tells me this is politics. >> reporter: it maybe day 17, both sides are divided. >> shepard: volunteers are pitching in to keep the national parks open during the shutdown. plus how long would you stay on the job if you weren't getting a paycheck? think of it this way, if you were a contractor worker many no--you weren't getting paid? how long could you go before the rent had to be missed or medicine to be missed or couldn't put gas in the car. could you wait couple of months? we'll look at the workers who having no idea the paychecks will come. the supreme court justifies ruth bader ginsburg missed on the

bench today. she says the 85-year-old will continuationing in on cases like reading court briefings and transcripts. this is the first time justice ginsburg missed hearing arguments. surgeons removed cancerous growths. just ginsburg fell and broke her ribs. no word when she'll return to the bench. the president national security advisor is now walking back the president's own plan to pull troops from syria. ahead, what john bolton says about what next for u.s. troops fighting isis. plus, we'll talk with the twin brother of the american cued -- cue accused of spying in russia. he's worried his brother is used as a political pawn. that's coming up as our reporting continues on this

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>> shepard: there's a curious washington new normal question before the world. who speaks for the united states? case in point here, president trump's national security advisor john bolton is contradicting president trump's comments about military action in syria. bolton said united states troop will not leave the country until

isis is destroyed and until kurdish allies have protection. remember the last we heard from the president he announced on getter, that american forces have defeated isis in syria and u.s. will begin withdrawing troops. he said they will do it quickly and completely. some lawmakers from both parties criticized the decision. it led to the resignation of defense secretary jim mattis right after the president said all troops out immediately. he left. the president trump talked about his decision to withdraw troops from syria. claiming i never said we were doing it quickly. but of course he did. is the state department correspondent reporting live on this. what's the time line on two troop withdrawal now? >> reporter: the administration says it's pursuing an orderly withdrawal from syria. it's unclear how long that will take and when or if it continues

2000 troop will leave. the president announced this withdrawal, he said that they're coming back and they're coming back now. this morning the president description said u.s. will leave at a proper pace and do all else that is necessary. with that, the national security advisor john bolton reassuring allies about this withdrawal >> we're going to be discussing the president's decision to withdraw. but to do so from northeast syria in a way that makes sure that isis is defeated and not able to revive itself and become a threat again. >> reporter: lindsey graham said the administration and the president assured him that the u.s. would make sure that its withdrawal, it would protect against iran filling in the void that was left from u.s. troops leaving. >> shepard: the initial concern was the curds who fought with us in war after war will be left

there to be slaughtered. now there's some negotiation about protecting the kurdish soldiers? >> reporter: that's right. this is what the national security advisor saying. the united states will safeguard those who fought alongside u.s. troops to help fight isis and fight other terrorist organizations. that's essentially the kurds there. the u.s. considers them an ally. the turkish government said those kurdish force are the terrorist organization, the national security advisor will be meet with the turkish president in week. a spokesperson for the president, to argue that a terrorist organization represents kurds is above all disrespectful to our kurdish brothers. there's no doubt that a terror group cannot be a ally of the u.s. atop of these discussions the "wall street journal" reporting that the turkish government is requesting substantial aid from the united states. they want help from the u.s. to

pick up the fighting. >> shepard: thank you. the new chairman of the house intelligence committee says he plans to send special counsel robert mueller all of the transcripts of committee interviews with witnesses in the russia investigation. >> we hope as one of the first acts to make the transcripts of our witnesses fully available for any purpose including the bringing of perjury charges if necessary. but also to see the evidence they contain. >> shepard: the republican controlled house would not that. adam schiff, says he has concerns about multiple witnesses. michael cohen bleed -- pleaded guilty to lying to congress. he was one of 60 people interviewed. others include the president's son, son-in-law and long time friend roger stone.

lawmakers voted last month to send stone's transcript to mueller. now it sounds as if he's set to receive much more. the president has denied there was any collusion. the catherine harris is reporting live from washington. >> reporter: house intelligence committee voted last fall to publicly release transcripts from the republican-led investigation. except a hand full including james comey and admiral mike rogers and john brannan. they were involve in the briefing for the incoming president which included the russia case. as well as transcripts from democratic congresswoman debbie wasserman schultz. they promise to share all transcripts to robert mueller. congressman schiff believes there maybe conflicts that are criminal >> i do have concerns about certainly multiple witnesses and

i think bob mueller, he has been able to conduct this investigation use tools that we didn't have in our committee. he's in better position to determine who is telling the truth and who wasn't and who can i make a case against in terms of perjury. >> reporter: government source confirms the transcripts are now with the intelligence community and have been since the fall for declassification adding that mueller may have access to some transcripts through the intelligence community. >> shepard: comcoming up we'll r from the twin brother from the american accused of spying in a russia. is personal plea to president trump and mystery still surrounding his brother's arrest. that's next. oh! oh! ♪ ozempic®! ♪ (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven

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investigators arrested whelan inside his hotel room. somebody gave him a flash drive. on that flash drive was classified list of employees at a secret russian agency. they gave him this drive to bring to america. joining us now is paul whelan's twin brother, david. good to talk to you. thank you. >> thank you for having me. >> shepard: how is your family doing? this can't be easy. >> it's remarkable. i think paul case proves truth can be stranger than fiction. he's fortunate that as many of us who can help him. >> shepard: were you aware he had this network of friends over the internet of people in russian military in three different branches of the russian military, navy, defense ministry? did he talk about that? >> not that specifically. i knew he had friends from russia. many russians have to serve in the military. i wasn't surprised some of his

friends were russian. >> shepard: reading about it from reports from our government and otherwise, he had social network with all kinds of russian involvement since for the last decade. he's been traveling to russia repeatedly and doing so by train while working off the passports of four different countries. , ireland, united states, canada and the united kingdom. >> i'm not sure he traveled on all of those passports to russia. i know he's been to russia many times. >> shepard: for what? >> our family is immigrated multiple times. my father immigrated to new england and my parents immigrated from england to canada. we started out with two passports. when he moved to america and became an american to become a marine, that was number three.

then when the irish changed a law to allow grandchildren to get passports he thought it will be a way to honor his heritage. >> shepard: wh -- >> shepard: what do you think happened here? why they choose your brother? >> it's so hard to know. agree with the people in the press. he has to signs he'd be hired as a spy. >> shepard: people in national security, say they don't send people over to russia. you're a signify for the united states, you have protection and you have entourage and there's united states help. that wasn't the case here. >> no. you see many count why me may have been picked. it seems perhaps any american would have done. i think some accounts that i seen, samuel green wrote in the "washington post" that it maybe police infighting. it's a low level bureaucratic

problem. >> shepard: the other possibility these people are talking about, national security types, the russians see all these passports and travel and he's on train he has all these people online. then there be a tit for tat trade. >> that's fortunate for paul. as odd i know it looks to anybody who doesn't have as many passports or even more than one. it means now that not only when the american embassy met with him last wednesday, which was just relief to know that he was alive, going forward, americans will be coordinating with the british embassy with the canadians and soon with the irish and really providing leadership to make sure that

paul is taken care of while we try to get him out. >> shepard: before we go. ambassador to russia jon huntsman visited him in that prison. what did you learn? >> he spoke to the family and his staff has as well. we learned that paul as well as you can expect and we started to get information from paul about next steps to try to help him. but it was rewarding to hear from john. >> shepard: david whelan it's tough enough when family member held overnight for a dui. i can't imagine a relative in a notorious russian prison. all the best for you and yours and speedy trip home. >> thank you. >> shepard: updates as we get them. if what ther russians are wanting tit for tat, we'll give you that american and canadian and all the rest back if you give us maria butina who's

caught up in the mueller investigation. thousands national park employees are off the job. visitors reporting all kinds of trash developing everywhere. we'll go live to one park where ordinary folks are stepping in to help clean up. live look at the dow after a wild first week of 2019. man, what was that? whiplash. we're up 139 today about half a point which is very mild compared to recently. we'll have live reporting from the markets on the new york stock exchange and from the box business network as reporting continues on a monday afternoon.

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-jamie, this is your house? -i know, it's not much, but it's home. right, kids? -kids? -papa, papa! -[ laughs ] -you didn't tell me your friends were coming. -oh, yeah. -this one is tiny like a child. -yeah, she is. oh, but seriously, it's good to be surrounded by what matters most -- a home and auto bundle from progressive. -oh, sweetie, please, play for us. -oh, no, i couldn't. -please. -okay. [ singing in spanish ] >> shepard: shutdown week three and national park service is taking money that could typically go towards future projects using it to try to keep park safe and running.

according to the deputy director the funds will help clean up trash and maintain the bathrooms with overflowing toilets. it will help put more rangers on patrol. one man said he broke his leg at the national park. but the strangers had to carry him because rescue services was limited. tonight becomes the second longest shutdown in american history. down in south florida, dozens of volunteers have been trying to keep one park running. our phil keenan is at everglades national park. the operations seem normal? >> reporter: they do. that's thanks to the nonprofit association and the volunteer who are currently paying for all the bills and putting all the time while the park rangers are furloughed not getting paid and not on hand. the number of invitetors -- visitors is up over this time

last year perhaps because, parks you don't have to pay to get in across the country now. gates are open, no staff home. the big draw is the alligators as well as the birds. many of the visitors come from europe and asia or up north. everyone in a blue shirt workses for the nonprofit florida national parks association or a volunteer who loves the everglades and doesn't want the government shutdown shutting the park experience down. they are the ones answering all the questions from visitors, cleaning out the bathrooms and taking away the trash so that the park experience remain enjoyable. this cannot last forever >> more so concerned, concerned for businesses like myself and local businesses who are experiencing reduction in business. >> reporter: other national parks like joshua tree in

california have been plagued by piles of trash. again, thanks to the nonprofit association and volunteers, not the case here at everglades. >> shepard: phil, have these people say how long they can fill in this way? >> reporter: they haven't said how long they can do this. their budget is all donations. those are limited. this shutdown in washington is political, the association doesn't want to voice an opinion. however, park visitors sure will. >> thinking of themselves more than they do the american people who voted and put them in their jobs. they're working for themselves. >> reporter: she's suggested even that the president congressional leaders maybe if they have their next budget meeting and national park where it's peaceful, maybe a thaw in compromise can happen.

>> shepard: phil keating live, thanks. as partial government shutdown drags on, thousands of transportation security administration employees continue work without getting any pay at our nation's airport. trase gallagher reporting. >> reporter: nationwidnationwide are about 52,000 airport employees. t.s.a. workers make about $40,000 a year. many are paycheck to paycheck employees and no end to the partial shutdown. lot of them are scrambling to pay the bills. >> there's a lot of anxiety out there amongst the workforce. really we aren't sure what will happen. >> reporter: as a result, lot of t.s.a. workers have admitted looking for outside work and calling out sick. it's being dubbed the blue flu.

there are some reports that major airports seen 300% to 500% increase. t.s.a. says that number is false. saying t.s.a. screened approximately two million passengers saturday, 9.9% waited less than 30 minute and t.s.a. prechecked passengers on average waited less than five minutes. we're proud of the officer who show up to work and remain focus. bottom line, more agents are calling out sick but t.s.a. says not a significant jump over post-holiday operations normally. >> shepard: representatives of the people getting fed up. nation's largest federal employee union suing our government. >> reporter: yes, the american federation of government employees which represent about 800,000 federal workers says it's illegal to force essential employees to work without pay. including people who work in prison hospitals >> this the third shutdown in five years each time we're required to report to work.

nothing has changed for the inmates. they still receive everything they received. >> reporter: union says women and men who keep our country running deserves to get their paycheck on payday. those who worked tirelessly among many other work sites and offices will come home empty handed. >> shepard: trace gallagher, thank you. john bussy is here associate editor of the "wall street journal." note parent company of fox news channel shared common ownership. national emergency these threatening to call it. east trying to put this on national emergency. >> a political fight. the president and congress can't agree on funding what he wish to do on the boredder. it's a political fight. he will try to change the

language. we seen sarah sanders saying this is a national security crises. going on for a lot of years, the problems at the border. to have a national emergency, usually it's a hurricane, katrina, bush, declared national security s terror attack, health crises, swine flu, obama declared national emergency. a political fight with congress is that a national emergency? iit's a political battle that needs to be resolved outside of context of a national emergency. >> shepard: the question is, will the pressure that he's applying do anything to move the democrats toward a wall? they've indicated no. >> they have not only indicated no, they've indicated we're willing to spend.

we're willing to fund the departments that are not associated with security of the border like the dhs is. why not open the treasury. they want to narrow this down to just the dispute president is having with congress and congress having with the president over the wall. they will up the political amp on this. we want to open up and manage the country normally. it's this political fight over the wall. >> shepard: over the last few day, those who influence him from inside boxes have suggested, sometimes radio ones sometimes tv boxes, sometimes newspapers, have suggested to him he needs to sell this better and feet this harder. he's doing it. he's going to take a trip and give a speech. >> the trip down to the border will be part of that. the speech that's scheduled for tomorrow night, tuesday neat will be part of that too.

will he declare national emergency? maybe not. interesting that the broadcasters haven't yet decided whether they'll carry it. >> shepard: i mentioned earlier when obama tried it, they said no. >> they said no in the past. maybe this can be a political speech. we're hearing through the day anyway. his side of the story and congress has their side support story. both sides trying to isolate congress people who might be exposed to a 2020 primary or general election. where they are susceptible to this issue. republicans trying to find democrats in trump territory, democrats trying to find republicans in moderate territory to bring back in their argument and their fold. we don't see any resolution of this. it will be interesting to see whether the rhetoric, the national emergency language that you hear the president speak and

you hearing sarah sanders talk about a national security crises. is it really that? whether this really makes it worse or makes it advances the proposition >> shepard: you wonder where democrat will not vote for a wall. no funding for a wall. there he is stuck on a position where he's sort of boxed in. >> i don't think it's a question are we going to find ourselves, we're in that position now. maybe one political way out is to pass the legislation that we've seen bills that said, let's enhance lot of things about the wall. including some fencing and some patrols and facilities for migrants on the other side of the border and helping mexico deal their issues. >> shepard: mexico is going to pay for it. >> the democrats, politically, you have to ask yourself, what advantage do they get agreeing to anything associated with an

enhanced wall on the border. >> shepard: can't see one. john, great to see you. happy new year. thank you. coming up, a couple of big legal cases. a woman behind bars since she was a teenager now getting out of prison. how some celebrities helped her to go free. then there's kevin spacey in court today after an 18-year-old claimed the actor groped him on nantucket. of course, context, he pretended he was 23 and there have been some liquor and the courts will decide. what we learn today is that the courts will decide.

>> shepard: live look at the dow now and there it is. it's up on the day. it was down for a few minutes. it's opened up and went down little bit. it's up pretty good on the day. more than half a point this comes heavy percentage point. this comes after a week of wild swings with the dow closing up and down hundreds of points. fox business network is here from the stock exchange. little calmer. >> reporter: that's is right. lot of optimism.

you have u.s. officials and chinese officials meeting in beijing today and tomorrow. some hope that the world two largest economies can find compromise on trade. if you look at the strongest parts of the market now, retail is strongest one, consumer discretion their stocks rising and you have energy stocks up with oil increased. amazon is a standout stock, little bit of tech and retail. back to up. >> shepard: thanks. a woman serving life in prison for murder is getting out after some high profile celebrities called for her release. cyntoia brown was 16 years old she killed a man -- governor is granting her clemency. >> reporter: governor bill haslem of tennessee his decision comes after careful

consideration of what he described as a tragic and complicates case. in 2006 cyntoia brown was sentenced to life in prison for the 2004 murder of national real estate agent johnny allen. national celebrities and the team of pro bono lawyers rallied behind her cause. they argued if the crime happened today, the legal system would have been more lenient and treated her as a victim of child sex trafficking. the governor explains cyntoia brown committed by her only admission crimes at the age of 16. it would require her to serve at least 51 years before being eligible for practice role is -- parole is too harsh. brown will be released on parole later this year, august 7th. during her parole, she asked the state clean not violate

federaltor state laws, the state will come up with guidelines that she has to meet as far as employment, education, counseling, community engagement requirement during that parole supervision which will continue until august of 2029, exactly ten years after her release later this year. >> shepard: thanks. kevin spacey in court next. as someone in witness protection, i can't tell you anything about myself. but believe me... i'm not your average consumer. that's why i switched to liberty mutual. they customized my car insurance, so i only pay for what i need. and as a man... uh... or a woman... with very specific needs that i can't tell you about- say cheese. mr. landry? oh no. hi mr. landry! liberty mutual customizes your car insurance so you only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> shepard: actor kevin spacey appeared in the massachusetts courtroom today to face a felony sexual assault charge. the two-time oscar winner accuse of groping an 18-year-old. his lawyer entered not guilty plea for him. >> reporter: spacey asked to be accused from his own

arraignment. the judge said no. even 24-degree weather could not keep the cameras away. kevin spacey sat in his plane on the runway until he was out of time and then faced camera as he headed to court. he didn't say a word during the arraignment. they got a hearing under a massachusetts law that allows some cases to be settled before charges are brought. showcase hearing are not allowed for a felony. space see was charged. the alleged victim was not in court. by reporting the sexual assault, my client is an encouraging for the victims. my client is leading by example. last month, in that video he

asked viewers not to jump to judgment. there's still no word on whether that is related to the charges. pretrial hearing is scheduled for march 4th. if he is convicted kevin spacey could have to face up to five years in prison and register as a sex offender. >> shepard: we'll have fox news update on facebook watch. it's a minute long newscast online. with unique content that streams live on the facebook watch home page. few minutes from now, you can watch it live if you're on facebook. once its concluded the live portion will be available to you any time on demand. fox news updates on facebook watch live each day in the morning and just after 4:00 eastern time. again, the president has asked the networks for prime time tomorrow night, 9:00 eastern to

give an address to the nation. the news network will take it. cbs reports it's considering it. no word yet from nbc, abc or fox. "your world with neil cavuto" starts now. wilwill have >> neil: shutdown day 17. dozen not just garbage piling up on t.s.a. agents not showing up. national parks and museums closing up as soon tempers flaring up. welcome everybody. here's what's up. see what i did? i'm neil cavuto. president trump and democrats so far apart on over this border wall. legendary investor comment on why he thinks the president hides a wall. he likes the president very much. we take stock, you take notes. there's lots to cover. john rockets a the white house on the president getting ready to take his case to the american