jillian: good for coke. about time someone took a stand. rob: happy friday. this one is going down and sit in the sun. must be nice. jillian: see you tuesday. have a good day. "fox & friends" starts right now. >> the motion is not agreed to. >> two bills that would have reopened the government failed to pass the senate. >> it's clear that congress, we are not getting to a solution there. yes, the president is seriously considering other options. that includes declaring a national emergency. >> fox news confirmed a shocking amount of gang members from central america are crossing our southern border. >> how many more examples, factual based examples do we need to learn to know this is a real crisis? >> 3-year-old boy missing for three days is found alive and well. >> we're very thankful that you took the time out to come search for casey and parade for him. it's good. he is up and talking. >> socialist country of venezuela is in a full clasp. it's very important, especially in light of

democratic party in this country that want some of the exact same policies. >> there is plenty of money in the world. there is plenty of money in this nation. it's just in the wrong hands. >> collin powell gets help changing a flat tire by a veteran who lost his leg in afghanistan. ♪ i've been hoping ♪ one to love you ♪ let me go. steve: it is friday "fox & friends." brian kilmeade is off today -- actually. ed: not completely. steve: off the couch and in the diner and we'll be going to him in a half an hour and ed henry is here. ed: good morning to both of you. we will get to brianful. he is down in texas. town hall. border crisis which continues. ainsley: the partial shutdown continues. the senate wasn't able to get those two bills passed. the government is still shut

down. steve: today is day 35. the two proposals yesterday, one would have given the president $5.7 billion to build the wall and whatnot. the other one would simply have reopened. neither of them got to the 60 vote measure. and then a new plan was floated later in the day where it simply was to reopen the government for three weeks. but the president said you know what? i'm going to need a big down payment on that wall and nancy pelosi said what the heck is he talking about? and that's a nonstarter. so right now we are back to square one on the 35th day of the partial government shutdown. ainsley: white house is now considering that emergency option. mercedes schlapp was interviewed yesterday and said that is a consideration. she and kellyanne conway have said the president did not want to do that but he might have. to say that might be the last straw. ed: absolutely. it's interesting. because we had talked a couple weeks ago about how the president had this option in his pocket. he has said repeatedly i want to try a legislative

option first and make sure to get congress behind it. he had been critical of barack obama acting by executive fiat. but here you have president trump putting extension of daca for three years on the take. something democrats have called for for a long time. and, in fact, they are not supporting it, even though they previously supported it. they supported a barrier before. they are not supporting that as well. that's why mercedes schlapp says the president may have to go and act alone. >> it's clear that congress, we're not getting to a solution there. so, yes, the president is seriously considering other options. that includes declaring a national emergency. obviously he is looking into these legal options. that is something he can do. people say it will get tied up in the court system. democrats aren't going to want this but eventually could end up in the supreme court. steve: we have been telling you here for a couple of weeks that apparently there are other efforts behind the scenes. you know, she talks about other options. one would be to reprogram money that has already been allocated by congress and so

they are trying to figure that out. also, we told you over the last couple of days behind the scenes apparently jared kushner, the president's so son-in-law is negotiating a grand deal there is a story out today in the mcclatchey newspapers that he floated the idea to a latino advocacy group. the president would give 1.8 million dreamers protected status for the rest of their lives, but, in return, the president would wind up with $25 billion worth of border protection money which would include money for the wall. so he would get what he wants and the democrats would get what they want. protection for the daca people and, yet, so far, nancy pelosi has not wanted a deal. ed: democrats do not want to give the president a victory. they say it is not a crisis. it's a manufactured crisis. hard to call that manufactured crisis when you look at these numbers from

customs and border patrol. in their press release these officials said it is a crisis. ainsley: apprehensions between ports of entry up 81%. 53 large groups of migrants. and a large group is considered 100 or more people. 53 large groups of migrants to the border since october. also in december, 27,518 migrant family members were apprehended and 2224 migrants were transported to local hospitals since december 22nd. ed: border patrol officials say when they are spending that many hours transporting people with medical crises to hospitals, they are not at the border actually protecting the border. protecting america. they are spending time trying to be humanitarian-like and help people number one. number two, one day alone, according to the border patrol, january 17th, just a few days ago. they seized 705 pounds of cocaine. so, when democrats say drugs are not spread across the border. the president is

exaggerating, one day 705 pounds of cocaine. that is remarkable. and it shows what a big deal this is. steve: sure. we have been detailing the amount of drugs and particularly the fentanyl which is so unbelievably powerful and i think it was over 1,000 pounds we stopped coming into the united states. 3 grains of fentanyl like the size of a grain of salt will kill a person. i believe they stopped enough fentanyl that could have killed everybody in the united states. and for this president to say it is a crisis, he is simply repeating what barack obama said from the rose garden of the white house a few years ago. he also talked about the crisis on our southern border. but right now there is just a crisis in congress because one side wants to negotiate and the other side actually is taking a long weekend. nancy pelosi said, you know what? see you on monday, everybody. ainsley: kevin mccarthy was really upset about that. because she said you can go home three-day weekend

meanwhile the government is shutdown and he wants everybody to come to the table. ed: you have a crisis at the border and venezuela. venezuela in meltdown mode. people picking through trash bins to get food. it's desperate. they don't have toilet paper. they take food out of trash bins and try to sell other pieces of trash to other people who are looking for food. you see these pictures on the ground how desperate it is. yet, we have politicians here in america who are actually are pushing socialist policies even though we are seeing in venezuela what can happen. ainsley: the president was talking about that. alexandria ocasio-cortez he said that her plan, which is 70% of attacks on the uber, uber wealthy people. ed: she calls it the tippy top. steve: it would be the tippy top. ainsley: that's what the socialist government looks like in venezuela if her policies passed here in our country our country could turn into that as well. steve: elizabeth warren is running for president i saw her in kitchen drinking a

beer. proposal to tax the tippy top rich. she says i am proposing to tax on the wealth of the richest americans. more tippy top. it will only affect the tippy top 0.1% of the wealthy. those with a net worth of over 50 million. i'm calling it the ultra millionaire tax use the significant revenue it creates to start rebuilding our myrtle class. to which mayor de blasio also taking aim at the tippy top. ed: he says i will see your tippy top and go even crazier. steve: creep in mind he is the mayor of new york city where a lot of the tippy top people live and yet he had this approach. >> washington told working people not to worry all that money will trickle down and find its way to them. it never did. it's time for this country to recognize there's plenty of money in the world. there's plenty of money in this nation. it's just in the wrong hands.

the 1% may have gamed the system all these years but it doesn't have to be that way. steve: so much of the 1% lives in his town. ed: basically the money is in the wrong hand. we are going to take it out of their hands and redistribute it which is what they tried to do in venezuela basically. having covered bernie sanders campaign in 2016. he was talking about these things people in the country were saying wow, that's kind of out there. now it's mainstream in the democratic party at least. steve: that's why they are doing it because bernie sanders, effectively challenged hillary clinton so effectively, and now it's the business model for the so many of these people. ainsley: you have so many that don't pay federal tax they are okay with that they are okay with the tippy top paying everyone else's way. steve: meanwhile, let's talk about covington high school. you know it was about a week ago when there was a standoff with the kids in the maga hats and native american protester with beating the drum. initial reports about what had happened were completely

different than what we later found out. alyssa milano, the actress made headlines over the weekend because she put out a statement where she said the red maga hat is the new white hood. white white boys being able to empathize with other people, humanity will continue to destroy itself. ed: since then the facts have been presented to her and others about how it's not a white hood and the situation did not play out as she and others assumed and yet she is doubling down. ainsley: she says she is not going to apologize for calling the maga hat a kkk hood. is she going to run for office? because she is very involved in politics now. remember the kavanaugh hearings? she was sitting in the stands and tweeting about it. steve: right. she said i was right. many demanded an apology i'm not going to give it when i saw that video, this was wednesday, five days later. when i saw that video, i saw boys flaunting their entitlement and displays

toxic masculinity, it seemed to me they were reflecting the white nationalism and racism that the hats on their heads have come to represent. so i won't apologize to these boys or anyone who wears that hat. but i will thank them. i thank them for lighting a fire underneath the conversation about systemic racism and misogyny in this country and the role donald trump has had in cultivating it and making it acceptable. ed: her original attack about red hat, white hood was based on a false premise. now she is presented with facts proving it's false she doubles down. one part of the statement. pretty remarkable the whole statement, it seems to me like. so instead of facts now. it seems to me, despite the facts that maybe it's like this. i mean, come on. ainsley: you might disagree with the president but they are wearing a hat that's just his slogan. 60 million plus people went to the polls and voted for him. steve: keep in mind nick sandman his family has hired

elle linwood who has represented richard jewel the accused olympic bomber and many others. he is representing them. he is going to take an aggressive stance and look at libel and slander against that young man regarding media outlets and prominent americans who have. ed: a lot of people should be held accountable for what they did. ainsley: his life was totally turned upside down over the last week. i'm sure it is hard on their family. turn it over to jillian who has headlines for us. jillian: sticking with that there is a family in north carolina that is waking up grateful this morning. a 3-year-old boy missing for three days is found alive and well. casey hathaway found in thorns and vines and calling out for his mother. >> we're very thankful that you took the time-out to come search for casey and prayed for him and he is good. he is good. he is up and talking. he is already asked to watch netflix. jillian: casey's mom hugging the first responder who rescued her little boy in north carolina.

he disappeared tuesday from his mother's backyard. being looked at poor possible security charges. michael white currently under investigation over a private complaint but did not elaborate. the 46-year-old has been held since july and one of four americans detained in iran. his family says he went there to visit a girlfriend he met online. a look at your headlines. i will send it back to you. ainsley: thanks, jillian. bringing guns and god closer together. one state making sure that you can have protection while you are praying. steve: we will tell you about that you know president trump grounded nancy pelosi's flight overseas during the government shutdown. what you don't know she has already spent millions of taxpayer dollars on luxury air travel. the shocking price tag you are paying for air pelosi coming up next. ♪ we work it out ♪ have no doubt ♪

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myrbetriq may increase blood pressure. tell your doctor right away if you have trouble emptying your bladder or have a weak urine stream. myrbetriq may cause serious allergic reactions like swelling of the face, lips, throat or tongue, or trouble breathing. if experienced, stop taking and tell your doctor right away. myrbetriq may interact with other medicines. tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure, common cold or flu symptoms, sinus irritation, dry mouth, urinary tract infection, bladder inflammation, back or joint pain, constipation, dizziness, and headache. need some help managing your oab symptoms along the way? ask your doctor if myrbetriq is right for you, and visit myrbetriq.com to learn more. steve: you will remember president trump postponed speaker nancy pelosi' trip oversead by taxpayer funded aircraft suggesting she fly commercial instead due to the shutdown. the next guest agrees with the move blasting these expensive trips on taxpayer's dime.

tom fitton president of judicial watch is here to break down the cost. tom, good morning to you. >> good morning. steve: y'all looked at how much speaker pelosi has spent on military air travel and you tracked it down to two years. she has spent over $2 million in two years going where in. >> back home to her district we are providing military travel back home to her district. one of the concerns they had in the emails that we uncovered, this is now 10 years ago, was that she would set up these trips every weekend and sometimes she cancelled them, which put obviously the air force put them out and the staff scrambling to put these planes together for her out and congressional delegates abroad. steve: a lot of them. >> a lot. and it was a big party in the sense that they would have booze on these planes. we have receipts for the booze. the liquor list is longer than my arm. and it's an incredible waste

of tax dollars these codels these congressional delegates. many americans will be upset at the way the air force is being treated. at one point the air force said that, you know, there weren't planes available and the response back well, we're going to have an unhappy speaker. steve: look at that. we have got one of the emails from the department of defense. they say they have a history, regarding the speaker's office. they have a history of canceling many of their past requests. any chance of politely querying them if they really intend to do all of these or are they just picking every weekend? the average cost of one of these congressional delegates trip is just under a quarter of a million dollars. and it's important for our lawmakers to go abroad and see what they are spending money on, tom, but you are saying nancy pelosi is

abusing her privilege. >> yeah. for the most part most of these trips can be done on commercial planes. they don't need these military luxury jets that are put out there. there is a whole fleet at andrews air force base. air force one is famously known. but there are other planes that are pretty cushy. and at one point, one of them said the military said to her, you know, we don't have the planes available. is there any way they can fly commercial and the response back from her office you know how that gets with the spouses, they love the military jets at the time because the spouses could ride on them for free. they flew commercial the spouses have to pay their own way. and ms. pelosi had her family on a lot of these trips. this is basic oversight. and members of congress from both parties are happy to go on these congressional delegates which are really junkets. steve: they do it all the time. tom fitton, read his op-ed at friends@foxnews.com. tom, thank you very much.

>> you are welcome, steve. steve: on this friday, you wonder why brian isn't on the couch he is deep in the heart of texas for a town hall. he will be circulating with coffee and toast in just a minute. ♪ ♪ doing important stuff. the hitch? like you, your cells get hungry. feed them... with centrum® micronutrients. restoring your awesome... daily. feed your cells with centrum® micronutrients today. [indistinct conversation] [friend] i've never seen that before. ♪

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and the army taught me a lot about commitment. which i apply to my life and my work.

at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. steve: all right. we have some quick friday morning headlines for you right now. the baltimore city school board unanimously shot down a bill to allow police officers to carry guns into schools. the vote, coming after hours of public debate and protests under the current law school police officers must keep their guns in locked boxes or in safes on the property. but it could be easier to bring a gun to church in the commonwealth of virginia. state senators are passing a bill to repeal a law that bans guns and knives at

places of worship unless there is a good and sufficient reason. republicans say guns could help to prevent mass shootings, democrats argue it could make churches unsafe. the bill now heads to the state house. ainsley? ed? ed: thanks, steve. ainsley: is 1948 that novel becoming a reality? today we are seeing tweets like this following the covington controversy. one tv host saying have you ever seen a more punchable face than this kid? ed: unreal there is a phrase from george orwell's famous novel sounds similar and social media is taking note of it. to wear an improper expression on your fac was itself punishable offense. there was even a word for it in newspeak face crime. >> good to see you guys. ed: you read 1984 in school and think this could never happen in america and look at what's happening in the last week.

it's pretty scary. >> we often talk about how if we don't change things the dystopian nightmare, dystopian future it will eventually get here. no, no, no. it's here. we are actually living in it. a kid has a smirk on his face while he has an adult, a grown up of 64 years of age banging a drum six inches from his face and we blame the kid for not having the right disposition, the right look. it is here and we are in it and it has to do with the fact that standards, morals, decency, that's all gone out the window when you have a rage society that so hates donald trump, that so hates the political right that it's okay to demonize and destroy anything that might be connected with it. ainsley: tony, is there any truth to this so when you watch the video i know the native american we saw comes up to the child's face. but should very stepped away? should very handled himself differently? >> he walked into the whole crowd. now, nathan phillips is who we are talking about, phil

noted and as philly rich 1 noted. this is somebody who lied about his vietnam service. so there is already a pretty depolice tis guy. this is a guy who tried to disrupt a mass as well in d.c. we know that he has a serious history and a serious issues of being a bad actor. he walked into that crowd. he wanted the moment. i don't know why he wanted to pick on a kid or a student, but he chose to do it. and that's part of this facecrime, this thought crime mentality that we have got going on where people want to hate others and blame others for simply not thinking like they do. ed: talk about, tony, not thinking like they do even before that controversy you had the situation with vice president mike pence's wife karen simply wanted to go back and teach. that's her profession. it's a christian school in virginia. not far from the white house. and now you have all these attacks on christian schools from some people. and online now dan levin, a

reporter for the "new york times" is tweeting i'm a "new york times" reporter writing about #expose christian schools. are you in your 20's or younger went to a christian school? i would like to hear about your experience and its impact on your life. please send me a direct message. the attacks on christian schools are just unbelievable at this moment. >> yeah u it's the continued attack on christianity. when people say it's not happening, it's happening. let's not be ridiculous. when you talk about karen pence, of course the vice president and second lady from my state of indiana, former governor here in indiana, actually was on this radio station wibc and started his career here, they don't just hate the fact that karen pence took this job. they have hate the fact that she actually believes what she says she believes. and so going after that is fundamental. it's the same as barack obama saying that people clinging to their bibles and their guns. it's this constant vitriolic hate. i don't know what is going to happen when this "new york times" reporter runs into people who kind of like

their christian school. they had a good time. they have friends they have had their whole lives and talk about a great education. ed: pardon me, we will see whether or not they do a follow-up. ainsley: do you think they will run the positive story? there is always going to be a negative story but the majority probably love their christian education. thanks so much, tony. ed: thanks for coming. in bulletin, breaking news out of washington we have got to get to. just been arrested and indicted by the special counsel robert mueller. the breaking details from fox next. ainsley: plus brian is having breakfast with friends in the san antonio state. hey, brian. brian: this place lulus was voted one of the best places to pig out. these people know pete hegseth i will explain why. these people don't know pete hegseth and i will explain why they don't. what's important to the people of texan antonio miles from the border.

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steve fox news alert. last couple minutes we heard rodgester stone, that man there official advisor to campaigner donald trump who was running for president is now under arrest and he has been indicted by robert mueller. ainsley: special counsel's office says the former trump associate and political consultant has been indicted by a grand jury. ed: he has been charged with obstruction. five counts of giving false statements and witness tampering. stone will appear in court later today in fort lauderdale. we understand he was arrested in fort lauderdale that's where he lives. steve: i have just been reading the indictment. what it says it goes back to the summer of 2016 and it lays it out very clearly.

after the dnc was hacked they hired a security company to try to figure out hot intrusion was from. and then after that, some of the materials from the dnc were posted by another organization, wikileaks. then the indictment says that in the summer of 2016 stone spoke to senior trump officials about the organization or wikileaks because they might have some damaging information about hillary rodham clinton's campaign. apparently then, stone was contacted by senior trump officials to ask about more releases and things like that. roger stone is described as a mutual friend of the president and apparently this organization a go between an intermediary. then also in the summer of 2016, the house intel special select committee and the fbi started an investigation. and this comes in to the core of the charges. they allege that stone took

stepping to obstruct the investigation. they say he made multiple false statements to congress and they also allege that roger stone tried to persuade a witness to lie. ainsley: oh, wow. ed: stone repeatedly denied there was anything nefarious and contact with wikileaks and others. let's bring in our colleague brian kilmeade. is he down in san antonio. you have been following this story on radio and tv. stone has repeatedly denied wrongdoing but now he has been indicted and arrested. brian: yeah. this has been going on for a long time. i don't know if you saw him on with tucker two nights ago at which time he says throughout this investigation between attorneys, between his lack of being able to move forward with his consulting business and the constant probing he has basically been broken, all his money that he put aside for his grand kids. everything he has done is bankrupt. he is basically on his back. and his days in politics date all the way back to the nixon days. he has also said repeatedly

i will never lie to get myself out of trouble like other people did to hurt the president. now the pressure is on. the mystery is over. the other question you think is jerome corsi next? whatever communication those two had had a lot of interest to the mueller probe. as you get closer and closer to the trump people they have got to be more nervous or feel like we are almost done here. ainsley: everyone is speculating when is the investigation going to be complete? when is the special counsel going to wrap everything up? what does that mean for that now? does it mean it drags out even more months? there were rumors it could end in february. he could be turning in his findings in february. who knows? steve: this could be one of the wrap-up indictments. ainsley: could be. steve: when you look at seven counts from the grand jury, obstruction of an official investigation, false statements to congress, and perhaps witness tampering, once again, where is the russia collusion? ed: right. it is a process crime based

on the investigation. ainsley: so, brian, tell the folks at home what you are doing down in san antonio. brian: san antonio a little bit later town hall unscripted. wild and emotions high. right now i'm in san antonio lulu's legendary cafe. you let us come down. how is business? >> business is good. brian: one thing you guys are known for. >> cinnamon rolls and chicken friday steak. brian: how do you cut something that's circular and goes around and around i will tell you when i get back. meet people here that frequent lulu's franks. will anigan. served in the air force. i'm sure you standoff in washington. do you feel it in texas? >> we do feel it. brian: in what way? >> there is a lot of pressure. we want the country to come together, right now it's divided and more important that we act as one. brian: it is but, also, in texas, you guys know what's going on in the border. you are miles from the border. is it a crisis?

>> it is a crisis, yes. we have people here that aren't supposed to be here and they need to be held accountable for their actions while they are here. brian: okay. by the way this is a forced relationship. this is alicia. we put you at the same table they were sitting apart. aissue will sharks first off when you see what's happening in washington do you feel it in texas? >> definitely. brian: in what way? >> i have family and friends affected by the government shutdown. brian: who is right and who is wrong? >> i think that we have to protect our borders no matter what. so i think something that president trump had said in his -- that he was going to get the wall built and i really hope that's going to happen. i hope they come together and make a compromise but i really think we need to have secure borders. brian: i get the sense that a lot of people want to see a compromise. especially these guys. i will sit over here you don't mind if i sit next to your wife, do you? >> no, i don't. brian: if they look familiar they showed up at fort worth at one of pete's events. this is pete hegseth's signature there the "fox & friends" sign. kevin, this crisis is still

going on. the shutdown is still happening. what's your reaction now that you live in san antonio. >> border security, it's a crisis. people coming over. we need to know who and want they are bringing and who is coming into our country to keep america safe. brian: steel slats, electronics, smart walls, what's best? >> i would ask the border patrol which trump went down last week and had conversations with them and asked them what they need. i think whatever it takes to get the job done. brian: del, the thing is when i look at polls in texas it's 50/50 on whether you want a wall or not. >> i think the majority of americans do want a wall to protect our border, especially here in texas. we have a lot of, you know, gang members coming over, drugs coming over. and i think that a wall is not immoral at all. it's the right thing to do and we need to protect our american citizens. brian: and at the end of this show i'm going to make a decision who do you like

better me or pete? don't answer now at the end of the show we will continue to talk about this issue and talk about it tonight and all morning at lulu's great history of this great place. back to you guys in the studio. steve: all right. brian, thank you very much. a little jealous chicken-friday steak. ainsley: cinnamon buns are this thick. steve: breakfast of champions. 20 minutes before the top of the hour. ed: jillian what do you think about those. jillian: i want that cinnamon bun. cinnamon bun on steroids. i can't stop thinking about it. i cannot have that right now. i have to tell what you is going on. we have important news to get to including. this illegal immigrant suspected of murdering four people in nevada making first court appearance. wilbur martinez guzman was tracked down by receipts and surveillance pawn shops. the man from el salvador stole from his victims and stole their belongings. prosecutors are expected to file murder charges went next few days. he is being held on half a million dollars bail. accused of killing her child

now wants to help an inmate on death row for murdering his wife and unborn son. casey anthony says she will visit scott peterson at california prison. it's part of her plan to help wrongfully convicted people. peterson murdered his pregnant wife lacy in 2002. anthony as you know acquitted killing her daughter cailee in 2011. a pair of thieves try and fail to swipe an entire atm. look at the surveillance video showing a masked man throwing a tow rope around the machine at an alabama gas station as the get away driver slams on the gas to try and yank it free. but, instead of getting the atm. all they get is a broken car door. police say crooks got away with cash from the register. they are still on the run. couple finds out baby's gender with a little help from the philadelphia 76erss. check it out. >> franklin has this basketball here. it's going to light up blue or pink and it will reveal the gender of your child.

it's a -- it's a -- it's a girl! the mascot dunking the ball for the epic reveal. the little girl is due in may. steve: blue a boy because he will that's the team color. ed: trust the process. ainsley: they are going to love having a little girl. ed: i know philly. jillian: philly has been in the news a lot. great things coming out of philly. steve: jillian, now you can have honey bun on steroids. ainsley: eat the middle. it's always the best on a cinnamon roll. roger stone indicted by robert mueller what this means for the russia probe coming up next. steve: if president trump declares a national emergency over our southern border needing a wall. michael moore says this should happen.

>> we have to take to the streets. we have to build our own wall. a human wall around the white house. ♪ breathe better. sleep better. breathe right.

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ed: get back to that fox news alert. roger stone arrested following an indictment arrested just arrested this morning. indictment by a federal grand jury as part of special counsel's robert mueller russia investigation. stone being charged with obstruction, five counts of giving false statements as well as witness tampering. so, what does this mean for the investigation? here to weigh in journalist and senior fellow at the hudson institute lee smith. good morning, lee. >> hi, good morning. thanks for having me on. ed: thanks for being here with this breaking news. let's start simply what do you think this means for mueller's investigation? >> well, i'm of the opinion i know that lots of people believe that mueller, the mueller investigation is about to wrap up any time soon. he may be moving to a final, may be moving to wrapping it up with a final report. i think that this suggests

that that's unlikely. that the investigation is going to be coming to an end any time soon. i mean, i have to say i have no insight into these particular charges but looking at the history of this investigation, and let's remember, that the mueller probe is a continuation of the fbi's investigation into the trump team, which started by the end of july 2016. and if we look at how this investigation, if we look how the fisa warrant on carter page was obtained and if we look at what happened under the mueller investigation, i think that this investigation is an enormous problem. i think it's compromised at its source. ed: but, meanwhile, the indictments move forward compromised or not. so i think my next question would be what does this tell us about the investigation itself? is it getting we haven't seen russian collusion which is where all of this started yet stone has repeatedly said any contact he had with wikileaks and others was incidental and not part of

some coordinated effort. >> right. what i mean when i say the investigation is compromised at the source. let's remember what this is based on. this is based on the steele dossier. this was a piece of opposition research paid for by the clinton campaign and the democratic national committee. as it turns out senior fbi and senior doj officials knew this from the outset. they knew where it came from. we also know that the number two at the doj sally yates at the time and number two andrew mccabe they signed off on this. they signed off on the fisa warrant. they knew what it was about. they knew where it was coming from. they knew it was based on the steele dossier. other officials there knew that it had been paid for by the clinton campaign. this is the place where we find that collusion is charged. it's only in opposition research paid for by the clinton campaign. ed: i have less than 30 seconds, lee. >> this is what the mueller probe is based on.

ed: led people to say this is poisonous fruit coming from that tree because the investigation was sort of a sham from the start as you suggested. less than 30 seconds. are these process crimes? people still each if the investigation started unfairly or under improper terms, you still have to tell the truth to the fbi. you still cannot tamper with witnesses. >> yes. you have to tell the truth. again, as i said, i have no particular insight into these charges right now. but what i am saying, what do i believe is that the mueller investigation right now is being used as a political instrument against the president, against the administration and also it's being used as an attack,. anna: instrument against an american institution an election. the american people elected donald trump. they did not elect robert mueller as a fourth branch of government to continue to attack the election. brian: we will se ed: we will see what mueller's reaction is. it's important for your analysis. thanks for coming. >> in thanks for having me.

ed: battle at the border. rolling out new asylum plan for daca and moving forward on building the wall. dan bongino live at the top of the hour. you won't want to miss that. microsoft launching a fake news filter ahead of the 2020 campaign. how does it work? and should you trust it? kurt the cyberguy on all of that next ♪ i have no privacy ♪ whoa, whoa ♪ i always feel like ♪ somebody's watching me as♪ kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn.

ainsley: microsoft new version of its popular web browser now warns users about potentially untrustworthy news sources. steve: fake newsish? well the news guard browser

will now flag sites like the "new york times," the daily signal and buzzfeed as trustworthy sites while sites like breitbart, daily mail and daily kos flagged as not trustworthy. ed: have some caveats. ainsley: should be concerned? how is it going to work? >> the big picture here to think about should tech companies should tech startups silicon valley, start up, should these companies be the barometer, the gate keepers of what we do and don't get to see? i don't think that's necessarily a good thing when you have especially if you jump to silicon valley and have you mark zuckerberg deciding whether you will be heard or not? i don't think that's a good idea? this, however, this is a filter. so microsoft has decided in the latest browser called edge that they are going to make this a part of the

browser that you could simply see a badge and what it does is comes in red if it's unreliable or it comes in green if it's reliable sourcing or trustworthy. steve: we have been talking about this for years now on the program. they are private companies, they can do whatever they want. but who ultimately decides okay fox news is trustworthy but with a caveat and here is my caveat. >> using nine criteria to determine what's trustworthy and what's unreliable. and the company is actually called news guard or the browser add on is called news guard from news guard tech and former journalists that are inside of it that run it. steve: they are actually reading the stuff? >> human beings behind it actually a good idea and when i looked really closely at it, it's pretty fair. they are giving criticism to the left, to the right pretty right down the middle and they are calling it like it is. what i like about it is that they -- for everything that they do in ranking, that journalist that did it with his or her eyeballs puts

their name on it and says. steve: good. >> there accountability to that and i think that's pretty profound. steve: unlike twitter. >> here's where the rub comes though. let's say this does really well. right now advertisers are buying into this service because their clients, they don't want them to be on fake news sites so protects the clients or the brands from being associated with fake news. so that works for them. what they would love to do, i think, is also be like have a facebook be their giant client and so then it takes that burden off the facebook but then here's the thing. if facebook is footing the bill and suddenly mark zuckerberg doesn't like what he is seeing in the ratings he is going to say we are going to drop you unless we see a change here. that's the stuff to watch for. good to he so you. have a great weekend. steve: you too. meanwhile, a fox news alert. out of washington, roger stone was arrested in fort lauderdale after being indicted by special counsel robert mueller. what he told tucker carlson

about what happens just this two days ago. very prophetic. reaction coming up next from dan bongino. you're not going to want to miss it. e. yes, but also all... night through its entirety. come on, all... the time from sunset to sunrise. right. but you can trade... from, from... from darkness to light. ♪ you're not gonna say it are you?

ainsley: right to a fox news alert. robert stone has been indicted by a grand jury. steve: the former trump campaign advisor has just been arrested by the fbi reportedly in fort lauderdale where his home is. he is scheduled to be in court in just a couple of hours. ed: our correspondent griff jenkins joins us in washington with the breaking details about the arrest. good morning, griff. >> 11:00 a.m. roger stone will make his official appearance after being arrested late last night. it's been a questioning in the mueller investigation what would happen to confidante roger stone now we know. let's take a look at the seven counts indicted by the grand jury. one count of obstruction of official proceeding. five counts of making false

statements. one count of witness tampering. in the heart of this 24-page indictment which i have here is stone's communications and contact with organization 1 which is we believe to be wikileaks and his contacts with the trump administration. ththe indictment states after the election the how and committee took steps to investigate those communications with stone. stone took steps to obstruct these investigations they say and he also, i'm quoting from the indictment, made multiple false statements to the house committee about his interactions regarding organization 1 and falsely denied possessing records that contained evidence of these interactions and attempted to persuade a witness to provide false testimony to and withhold pertinent information from the investigations and of course he also made attempt to dissuade a witness that we believe to be a radio host identified in this indictment. so this is very fluid. we are learning more. it does not accuse stone of

coordinating or colluding with the russians in this investigation, which was a premise of the mueller investigation. however, it does lay bear the false statements that stone has made to not only one but three investigations, guys. steve: all right. griff, thank you very much. let's bring in don dan bongino author of spy gate. good morning. >> nice to be here. steve: this is not surprising -- there is your book right there. we are going to play a sound bite. here is roger stone. nobody has talked to him sings he was arrested last since he was arrested in fort lauderdale. he was on the tucker carlson program two days ago and said this about potential charges. listen to this. >> been under a two-year microscope in which every aspect of my life has been

examined. my personal life, my family life, my private life, my business life, my political life. and that has been an extremely draining process, at least 12 of my current or former associates have been browbeat by the fbi or dragged before the grand jury literally millions of dollars have been spent. i believe all my emails, text messages, phone calls in 2016 and since have been scrutinized. to date still no evidence of collusion, wikileaks collaboration or any other illegal act in connection with with the 2016 election. steve: dan bongino he makes a point. he has been charged seven counts obstruction of an official investigation. five false statements to congress and, perhaps, witness tampering. but there is no russia collusion which is what the whole investigation was about. >> yeah, couple take aways from this as you accurately stated. a process crime where the

mueller investigation, the result of the investigation has produced a crime. as a result of the investigation we have alleged witness tampering and failure to produce documents. there is no evidence of a predicate crime outside of the investigation itself. secondly, what leaps out to me here is, roger stone is no flight risk at all. is he one of the most recognizable people in this entire investigation. why would you hit his door at 6:00 in the morning to arrest him with the fbi and not allow him to turn himself? well, the answer is pretty obvious. we have seen this with mueller before. whenever there is some major revelation about the corruption involved in the initiation of this case, which happened last night on this network with the catherine herridge report, next thing you know mueller, magically the next day something happens. there seems to be, again here, a rush to get out in front of this story. last night they reported that doj and fbi officials are now acknowledging multiple officials that this case would not have existed without the dossier again. steve: let me add one wrinkle to it he was not

arrested this morning. he was arrested last night curiously a camera from another network was invited to take part of the. someone dropped the dime roger stone is going to be arrested here at this location. ainsley: would that be roger stone would he alert the media. >> maybe it's possible. steve: they were alerted to it. >> not allowed to turn himself in by any stretch not a violent crime. it's highly unusual. especially for one other reason as well. if you are looking to get him to cooperate in a standard case when we arrested people. you contact a lawyer allow joe to turn himself in we will meet him at the courthouse with the marshall's office. you don't hit the door. not something you would do unless it was a violent crime or some urgency to it. not common in a case like this. ed: can you talk more about process crimes though because, yes, this does not prove collusion but why

didn't roger stone tell the truth. why was he witness tampering? allegedly. these are the allegations. >> of course. ed: if there is no there there why witness tamper and allegedly obstruct the investigation? tell the truth. >> again, i think it's crystal clear. never a good idea to lie. i just want to say that. steve: as with martha stewart. >> point stipulated. giving you as much as an unbiased opinion as i can. as a federal agent, people former federal agent, people lie all the time. they panic. they don't know what the fbi has. a lot of times they don't know what they may have done wrong. someone said to me once in a case. when you read someone's emails on a criminal case you always know for than they do because most of the time they don't remember what they wrote. i'm not apologizing for it i wanted to be crystal clear don't lie to the fbi. people do it for all kinds of reasons. they don't know what they have done wrong. they don't remember. they try to panic and cover it up. ainsley: if someone knocks on your door you would normally get an attorney.

i will talk to my attorney and he will call you. do you have to sit down with the fbi? >> custody plus interrogation equals miranda: you can have your lawyer present at all times. and most lawyers would advise that you just don't say anything. steve: sure. >> that's legal advice you get from them. steve: we do not know who alerted the news outfit to his impending, his indictment and arrest. but we do know that roger stone has said repeatedly that my testimony was accurate and truthful before congress. but then he said, look, and my attorneys cannot get their hands on the transcript. we would have to do it in a certain place. he says this whole rigamarol has cost him his entire life savings. here he is two nights ago on tucker. >> this has been financially devastating. the leaks from the special counsel's office have devastated my private

consulting business. in december i lost my health and life insurance, unable to pay the premiums anymore. i had to sell my car. it was a 2006 but i had to sell it nonetheless. a small fund i had put aside for the college education of my grandchildren derived from my book sales had to be liquidated. i am this close, i mean, in all honesty i struggle to pay my lawyers first and foremost, pay my representative, pay my taxes. it is not a fun existence. ed: when you hear that you also wonder about jerome corsi and others wrapped up in this. again, if you did something wrong, you will be held accountable. started out as massive russia collusion investigation and now people are being bankrupted when there is no evidence that they actually colluded with the russians. >> i have said from the start i believe this mueller probe is a coverup. i believe the mueller probe in and of itself was initiated to cover up a lot of fbi and doj malfeasance.

mueller is an integral figure. this doesn't make any sense supposedly investigating the biggest foreign collaborator collusion scandal in the united states history despite years later not a scintilla of evidence has been uncovered that this collusion actually happened. it just seems the american public seem to find this odd? ainsley: you keep saying something that resonates with me. you keep saying when you are an investigator there is a crime and you find out who committed it. in this case they found people and then they find crimes. >> ainsley, this scares me. when you put hand cuffs on people as a federal agent and watch your kids come out crying at 5:00 in the morning, right? i remember this like it was yesterday. their life is over. i'm not saying they did anything wrong if you have an ounce of empathy that matters to you. now imagine you didn't do anything wrong, we investigate crimes in search of people. we don't investigate people and then find the crimes later. but the crimes in this case would not have happened without investigation of people. these are process crimes. steve: according to the indictment, in the summer of

2016 which was before the election. roger stone spoke to senior trump officials about organization 1, which we believe is wikileaks. and they had information, damaging information about the hillary rodham clinton campaign. and apparently then they talked about releases and more stuff coming out. it sounds like his conversation was with wikileaks is giving some dirt on the hillary clinton campaign. given what we know about campaigns, is it against the law to ask for dirt on the other campaign? >> no. it's not. and what's odd is these unsavory contacts. we can all agree politics is unsavory. again i don't know roger stone personally. i rab into him a couple events. is he maybe unsavory untoward kind of contacts. steve: it happens every day in politics. >> what's odd about this whole thing, steve, not what aboutism. unsavory contacts should be illegal? because what about the

clinton's team unsavory contacts. we found out last night from catherine herridge at the network that they were dealing with a foreign spy who produced fake information on trump which started this whole investigation. is anybody looking into that at all? are we just gaffing that entire thing off? this investigation wouldn't have existed without a foreign spy producing a document that not one person has been able to verify. and now we have officials on the record saying the case wouldn't have existed without it. this is a stunning revelation. ainsley: now lives have been turned upside down and can't afford to pay his bills. his attorney fees have to be astronomical. steve: the indictment mentions two unnamed people. one apparently people they have gotten testimony from or text messages or email. somebody who has a large online presence and it sounds like perhaps a radio talk show host who has had a number of conversations about this topic back in the summer of 2016. so it will be interesting if

those people are either revealed or reveal themselves. >> we have seen some names before randy talk show host. jerome corsi also has anded as well. i wouldn't be surprised if those names creep up as well. it's not a secret. it's out there in a lot of media reporting. and they have been out there in the public talking about it as well. steve: exit question about it. if you are in the white house and see this news, how big is this? >> i think the white house -- i don't think they have anything to worry about. donald trump did not collude with the russians. it's clear as day. i think this is a mueller witch-hunt and they should continue to hammer that. no collusion. no collusion. ainsley: when will the mueller team wrap all this up. >> lee smith excellent guest had you on before is great. he wrote a great article in the "wall street journal" about this. i think he is right. i don't think this case is even close to wrapping up. i think they are desperate for someone to flip on something. you can't flip on information you don't have. that's why they are using the pressure tactics again stone. ed: we want to get reaction from our viewers

friends@foxnews.com. is this just simply process crimes, bankrupting people when they are not getting at the core issue of whether or not that there was russian collusion in the last election. dan, we want to also talk about crisis at the border. democrats wouldn't admit it was a crisis. they said it was manufactured. meanwhile customs and border patrol comes out with a big report using the word crisis again and again and talking about these large groups of illegal immigrants being brought across the border in recent months by smugglers. they talk about one day, january 17th, the border patrol was able to seize 705 pounds of cocaine. >> yeah. ed: how can people still reasonably try to claim there is not a crisis at the border? >> you use use a key word reasonable. there is no reason left. this is why i could never be a democrat. at least republicans principled stick to our guns, border security. the democrats have flipped on this several times. when obama himself was in office and they had a similar crisis at the border

it was repeatedly by obama himself referred to as a crisis. now it weather it happens under trump they ignore and it try to put lipstick on it. this is real. people are being hurt by. this tell people in border downs this isn't real. ed: president obama called it a border crisis. >> middle america knows it's a crisis. it's ridiculous. ainsley: michael moore was on with stephen colbert and he wants a wall. a different type of wall. watch. this if he tries to pull a national emergency, we, the people have to declare a national emergency. we have to nonviolently rise up. we have to take to the streets. we have to form -- we have to build our own wall, a human wall around the white house. [cheers] >> around the white house and peacefully, nonviolent, nonviolent. and this is -- nothing will stop a bully unless you stand up to the bully in the school yard. that's the only way. ed: nonviolent but need to stand up to the bully. what is a human wall anyway?

>> nothing screams in touch like a hollywood millionaire elitist talking about things. this guy gun control, capitalism and now immigration. is he completely out of touch. steve: dan, after yesterday, those two bills went down in flames. >> yes. steve: nancy pelosi so far even though she cancelled the state of the union, she has not presented a plan to get us off the mark. the president says i'm willing to negotiate with anybody just come with a plan, nobody from the democrat side has done that. i don't think that that's what democrats voted for in november when they wanted people to stand up to trump. but, you look at all those people. i wanted to ask you about this. apparently jared kushner behind the scenes is negotiating a grand deal where, perhaps, the president would give 1.8 million dreamers permanent protection, a pathway to citizenship in exchange for $25 billion worth of border defense and wall money. so, if all the money the president wanted for the dreamers to get a pathway to

citizenship, how many people on the political right are going to say that is amnesty and don't do it, mr. president? >> they will be furious. there is no way around it. they will be furious. there is no question about it. but, on this political strategic front, the democrats, there is a great piece by ed moorsy today on drudge. nancy pelosi is increasingly isolated here. notice the comments have you seen them on this network itself. steny hoyer and clyburn now slowly starting to warm up the wall is not immoral all of a sudden getting away from the harsh language. nancy pelosi is finding herself in a corner here because trump who is a dealmaker. i have got to be honest with you i'm not crazy about that deal and the right won't be either. you can't question the fact that he is now trying to compromise while pelosi has been calcified. steve: she wanted to be the negotiator trump and her and nothing happened. hey, nancy i'm here. come with a proposal she never did. the good side. if there is a silver lining to this it is that chuck schumer and mitch

mcconnell are actually behind closed doors trying to figure out how to get to 60. so now maybe two reasonable people will try to find something regard them as reasonable. >> relatively unified republican caucus. democrats seeing significant fractures. think about all these districts first term congressman who won r plus 1 d plus 1 districts that can swing who just got in office as dealmakers now going back and explain to their constituents why they can't open up the government. despite the fact that trump laid an offer out on the table conceding to their demands. ed: why they can't secure the border. >> good luck with that. ainsley: you will be on "the five" today. >> and tucker tonight. ed: get some sleep. steve: thank you, sir. ainsley: hand it over to jillian who has he had lines. jillian: all dan all the time. dan's the man. hey some good news out of north carolina. a 3-year-old boy missing for

three days is found alive and well. found in vines. >> we are glad you took the time out to search for casey and find him. he is good. he suspect and talking. he has asked to watch netflix. jillian: casey hugging first responder who found her little boy in north carolina. he disappeared tuesday from her grandmother's backyard. u.s. marshals joining the manhunt from escaped prisoner serving a life sentence for human trafficking. corey davis broke out of an alabama prison wednesday sparking a statewide search. it isn't known how he got out but prison officials say they weren't told davis escaped until 14 hours later. davis is considered dangerous and should not be approached. the u.s. is on track to become the world's top energy exporter by next year. it would be the first time our country tops the list in 66 years. the u.s. energy department did not think we would reach this milestone until 2022.

the agency credits the shift to a big increase in croyle crul and natural gas production along with the u.s. using less energy. and a thief steal as car without noticing the camera recording her every move. you can see her trying to cover up the lens when she realizes uh-oh she is on tape. police tracked down the stolen car using g.p.s. they still haven't found the woman. believe it or not. see her face there. ed: there is g.p.s. on her phone as well. ainsley: one of those trees that make your car smell good. steve: jillian, thanks very much. ainsley: andrew cuomo expanded abortion rights and now he is about to give financial aid toil legal immigrants. is this really equal protection? steve: plus brian kilmeade not on the couch today. is he deep in the heart of texas having breakfast with friends. brian? brian: first off what makes lulu special? one of the thing is 3-pound cinnamon roll. you are about to see it on tv again.

3 pounds. two hands, don't need to eat anything else for about a week. are you happy "fox & friends" is at lulu's cafe? [cheers and applause] brian: san antonio is up early. we will take the pulse of the people as we talk about immigration. roger stone. and you guys pumped up about russia? boo? [crowd boos] >> we will talk about that and so much more because we are doing a big town hall tonight but first we are here on "fox & friends." back in a moment. don't move. ♪ ♪ try new nyquil severe with vicks vapocool and vaporize it. ahhhhh! shhhhh! new nyquil severe with vicks vapocool. the vaporizing, nightime coughing, aching, stuffy head, best sleep with a cold, medicine.

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and the army taught me a lot about commitment. which i apply to my life and my work. at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. ♪ steve: this week, new york state became the latest to expand abortion rights. new york is also set to give financial aid to illegal

immigrants. the policy becoming the new norm in a number of liberal cities across america. so, is this really equal protection? joining us right now is director of public policy at the james dobson family institute. jenna ellis. good morning to you. >> thank you for having me. steve: is it equal treatment. >> absolutely not. so what's happening is that the progressive left agenda is really all about making sure that they are codifying the sexual revolution. and that agenda. and so what they're wanting to do is have sanctuary city policies in place. steve: we see a lot of that. >> illegals. want to buy votes essentially so they can continue the abortion agenda. steve: what do you mean they want to buy votes? >> they are making sure to have all of the people who would be getting free things from the government and to be able to receive some of these services who typically will vote for the progressive left agenda not equal to make sure that they can go ahead and continue their loorgs practices to not protect life. but, again, this is all

about the sexual revolution agenda and the breakdown of the american family. steve: let's look at what is happening in new york. we were just talking about this the dream act offers undocumented students to state financial aid. private funds for college scholarship for children of immigrants. what are they doing there? >> yeah. so really these are the things that they are offering state services and state funding to things that are going to attract people to come in to those particular states. we have new york. we have california, oregon. and those also parallel the most progressive left abortion policies and law. so you can see that parallel and it's absolutely hypocritical and, again, this is about the breakdown of the american family and the fact that the progressive left is all about wanting to take down american values and the family. steve: you were talking about reproductive health act allows medical professionals, who are not doctors to perform abortions and allows late-term abortions if a woman's health is in danger and you

talked about this. go out to california, famously a sanctuary state senate bill 54. law enforcement may not use resources to arrest people for federal immigration purposes. don't cooperate with ice. we have been talking about that and limits what police can tell federal immigration authorities about people in custody. in other words, we are an island in california. we are not going to be cooperating with federal government regarding ice. >> in other words, we are seeing a breakdown of the rule of law. and so what it is teaching the millennial generation like myself and younger is to ignore the fact that we have legitimate authority in a civil government. and we see that god ordained three spheres of government church government, family government and civil government. to ignore the rule of law, that's what they are trying to do to break down authority and say we don't need to have this so that we can advance the abortion agenda. steve: okay. here it is right there allows abortion up to the point of viability. you don't see that in every state and public funding for all or most medically

necessary abortions. >> this isn't really about women's healthcare. the progressive left will say this is a woman's so-called. steve: you say this is all about buying votes. >> this is all about just making sure thought democrats have enough votes in the progressive liberal agenda so they can advance their abortion policy. that's why we see the parallels in these states. they don't recognize that the right to life is fundamental, it's prepolitical and that every human being, no matter how tiny has that fundamental right. steve: all right, jenna ellis, thank you for breaking down these laws for us. >> absolutely. steve: meanwhile, 7:27 in new york city. more on breaking news regarding the russia probe. roger stone has been arrested this morning after being indicted by counselor robert mueller. brian is live in texas at a diner getting reaction as he is having breakfast with friends in san antonio. brian? brian: right. first off, isn't this kind of cool at lulu's? there it is breakfast. all these cartoons here and

all these great people. should we talk to people now? all right. come on over here. i want you to meet cathy and ed. cathy and ed is going to be talking to us. ed was actually in the army and cathy married him and sandy who owns this place introduced them. that story and more coming your direction. bring up the music. fly in the graphics. ♪ ♪

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ainsley: we are back with a fox news alert. and just hours roger stone will appear in court after he is arrested by the fbi at his house down in florida. steve: earlier we said he was arrested. last night he was actually arrested this morning. the special counsel's office says the former trump associate and political consultant has been indicted by one of their grand juries. ed: what has he been charged with? he has been charged with obstruction plus five counts of giving false statements as well as witness

tampering. the indictment states that stone allegedly lied about interactions with quote, unquote, organization one. that, of course, is believed to be wikileaks. steve: he is also accused of trying to obstruct post election congressional investigations. so, a lot to digest there, once again roger stone indicted by one of robert mueller's grand juries. ainsley: let's go down to brian kilmeade. is he having breakfast with friends down at lulu's bakery in san antonio texas. what are people saying down there is this on radar. brian: about half. i was asking. did you hear about that yeah i heard about it on the way. in for the most part people tuned out outside of new york, washington and los angeles details what's going on in the russia probe. keep in mind we are also in the middle of the longest shutdown in american history. also in the middle of a brutal border debate. we are watching 20 people

become nominees for the presidency of the united states democratic side. not going to happen for another year. unrest in venezuela and could be a situation where we might have to get involved in a major way and russia is telling us not to. besides that there is really not much to talk about here back to you. only kidding. let's talk to the people here in san antonio. here is cathy and ed. cathy, you have an interesting story. you guys were introduced how? >> by sandy smith who owns lulu's and my name was smith already. and his last name is smith. and so i told them i would hyphen nate and go smith-smith and sandy actually married us as well. brian: fantastic. not bad and you get breakfast. [laughter] brian: you served in the army, shapes how are today. >> right. brian: how big a deal being a guy came in and out of san antonio. how big is illegal immigration and border security. >> i think it's a very big deal. the biggest issue with our border security is not at our gates but what's in

between the gates because there is really no access or limit for the access to people coming in. brian: right. you say, too you like that the army is at the border and you like they are helping out. >> most definitely. i think we should have a unit stationed down there all across the border in every state. brian: real quick your message to people in washington? >> i say pay these people. they need food. they need, you know, gas to get to and from their jobs. and at least, you know, in 45 days maybe give them 45 days so they can come to some decision. brian: she is wound up about it. here is anna lee. so, anna lee had a chance to watch us yesterday. and at the end of the show i said oh by the way i will be at lulu's and anna's. you got dressed right away when you heard that? and you were all ready for today? >> that's right. brian: san antonio when you hear stuff like roger stone is arrested or the latest on the russia investigation and michael cohen is going in front of congress. what do you think? how much does that mean to your life? >> not anything.

michael cohen has been in the news so many times and he is just bogus. brian: you are two and a half hours from the border. is that an issue that resonates? >> always has been. brian: in what way? >> too many people coming across. they put up some border fences but it's not enough. the people that monitor just can't do all of it. brian: the president is proposing getting more border agents. appreciate you coming down and appreciate you getting dressed. now it's time to meet another lovely couple. i think i'm going to take the seat right next to you rather than drag my chair around. >> good. brian: this is mary and john. where are you from. >> san antonio. brian: san antonio, john? are you guys living together. >> yes. brian: so you are married. >> 46 years. brian: i will go with that story living together 46 years of happy marriage. we will talk about that in a different segment. [laughter] not going to be as happy tonight. tell me in the big picture in terms of immigration. and the shutdown. what does it mean to you in your life? >> it means that we are a

sovereign nation and we have the right and should be enforcing our borders. it's important. brian: for the people in texas, it's about 50/50, when you see the polls about whether we should have a wall or not. where do you stand, john? >> i think it's very important to have it. brian: what do you say to the ranchers that say i don't want anything on my property? >> well some portion of give in this situation to help resolve the problem. steve: right. so you say right now there is no give. 34 days in. 35 days in. what's going to break the dead lock? >> i think people who are in washington need to understand thought people of the united states do want some sort of compromise. steve: thanks, guys. real quick, so much of a story in new york and of people going down south to texas. and they want a better life. that's the story right here. what's your name? >> dine mozone. brian: dine, yodiane you left nw york city. >> we fled new york city for

texas. brian: does texas embrace new yorkers? >> yes. brian: what's life like here? >> cheaper. i have a big town house right at the medical center i love it over there. i'm treated like royalty from my friends down here. i get a lot of respect. i don't have any troubles down here. up there i had troubles with pc crowd and i couldn't take it anymore. brian: right. that's where we are heading after this. back to the pc crowd and we have to take it they pay us to. listen, we will be back at lulu's. are you guys going to stick around? >> yes. >> they cleared out their friday for us. the place is packed early for "fox & friends." back to you in the studio. ainsley: have you had a breakfast taco yet, brian? brian: i have not had a breakfast taco yet or any of the cinnamon roll. this brings family together if you want cinnamon roll immediately family style. too much for one man and woman it brings a family together. something about icing and cinnamon in a circular

motion that brings the people of texas out. ed: another reason why people in texas will be gathering around and all around this great nation don't miss, brian, battle at the border with brian kilmeade. that will be in san antonio, of course, this sunday on the fox news channel january 27th, 8:00 p.m. eastern live. you won't want to miss it. steve: how great is that? he will be down there with tomi lahren a town hall. you don't want to miss it. he didn't mention no state taxes. ainsley: i know. i used to live there. it was pretty nice. steve: one of my kids went to college there it is wonderful. ed: one woman said she could afford of the town house because it's cheaper down there than new york. steve: great job, brian. we continue on. jillian has the headlines. jillian: good morning. get you caught up what's going on in chicago and the former chicago police officer who shot and killed laquon mcdonald could get a new sentence. last week a judge ordered jason van dyke to serve nearly seven years in

prison. now the illinois attorney general's office is reviewing the case to possibly send it to a higher court. van dyke was found guilty of second degree murder and aggravated battery for shooting the 17-year-old in chicago in 2014. a school superintendent is apologizing after she is charged with insurance fraud to help a sick student. casey smitherman allegedly used her son's name to get the sick child treatment at a clinic after they were refused care at another facility in indiana. smitherman tells local media, quote, i'm not saying it was right. i'm really sorry. i was scared for him. the d.a. will dropped charges if she isn't arrested for a year. a bull runs into a chinese food shop and causes absolute chaos. stop what you are doing and watch this. [screams] listen to that can you hear a woman screaming hysterically as the bull runs her over at the store in china. she somehow escaped with

only a cut on her lip. witnesses say the animal escaped a nearby slaughter house. a 10-year-old wins a science fair for trying to prove tom brady is a cheater. ace davis from kentucky demonstrating how deflated footballs gave brady an advantage in the afc title game. to say test his theory footballs with various amounts of air and measured the distance. the least inflated went the farthest and says that right there, my friends, is proof that brady cheated. the qb served a four game suspension for the fiasco known at deflate gate. steve: what does he want to be when he grows up an engineer or a lawyer? jillian: maybe both. he apparently won and is moving on now. ainsley: the judges are all rams' fan. brian: is the kid a ram's fan we know you are eagles fan. there is bias in this story. steve: thank you, jillian. y jillian mele to j.d.

general january happy friday. only man in a sea of women. how do you feel? >> great. janice: what's your name. >> jeff. janice: where are you from. >> mechanicsville, pennsylvania. janice: wave, everybody. wave, ladies. we are all having a good time this new york city. take a look at the maps. we have cold air that's going to arrive next week. how cold will it be? it could be actually historic. we are talking about wind chills in the minus 24, minus 22 range but we could get upwards of minus 40-degree wind chills next week. so that's going to be the headline. as far as radar goes, we have some lake-effect snow that is going to pile up downwind you have those great lakes. very quiet forecast in terms of radar. but, look at this artic blast that arrives monday, tuesday, into wednesday. that is subzero temperatures, my friends. and with the when i will it's going to be really potentially dangerous. for now we are in new york

city. and you are on "fox & friends." back inside, steve, ainsley, and ed. ed: good to see you. steve: janice all those ladies and one man. ainsley: all right. president trump hosting latino groups at the white house yesterday. as the standoff with democrats over border security intensifies. and our next guest was in that meeting and says the president is ready to make a deal. ed: we will see if they can actually meet it. coca cola taking a time-out from the super bowl. airing an ad before the big game. diamond and silk are here live ♪ ♪ are we going to be more than a memory ♪ no matter how lame apology ♪ i hear it in the background and she's watching too, saying

[indistinct conversation] [friend] i've never seen that before. ♪ ♪ i have... ♪ ♪ jillian: good friday morning to you. welcome back. quick headlines now.

salmonella concerns forcing whole foods to several dishes with baby spinach. contamination traced back to a farm in new york. tainted dishes sold in 8 states. customers can get full refunds. so far no illnesses have been reported. toys r us could soon make a come back. according to the "new york post" former executives in talks with a new firm that owns the trade right to babies are us. toys r us and jeffrey the mascot. the toy chains closed all stores last year after filing for bankruptcy. we will see. ainsley? ainsley: jeffrey would have a home. thank you, jillian. although the senate failed to pass a bill that would end the shutdown, the trump administration is still pushing ahead to strike a deal on border security and immigration. yesterday the white house hosted several latino groups. our next group attended that meeting with jared kushner saying the president is ready to negotiate. daniel garza joins us with insight on the administration's next move. good morning to you. tell us about that meeting and what was the conversation? >> thank you, ainsley.

good morning. i felt a very constructive, very productive meeting with a jared kushner and his staff, a couple of policy guys. and the discussion was how do we get the negotiations revved up, right, to where we can get to a space where there is agreement on both sides. both sides are satisfied and both sides feel like they can get a win out of this so we can open up the government, basically. and, of course, resolve two issues at the same time priority for the left and priority for the right. ainsley: one of jared kushner's proposals the dreamers can stay all 1.8 million dreamers can stay if the president gets $25 billion for the wall. did you hear him say that? >> well, that was a proposal that was offered up by the president last year also as well and continues to be on the table. right now what we are talking about is a very narrow bill that would address the daca community now and trade it basically for the -- what the president is asking for which is 5.7 billion that

includes some infrastructure. what we wanted to stress to mr. kushner was that what's important here is that at the end game include certainty for the dreamers. in other words, that there would be a path to legalization so that we wouldn't have to have this discussion three years later and that the dreamers could also plan their lives, plan their future. take control of their own destiny, right? so that their employers and their educators wouldn't have to worry about, you know, where they are going to be at three years from now. i think it's important to provide that kind of certainty so they can flourish and contribute to our economy like millions of immigrants have done before them. ainsley: i know you told our producers that jared told you his people have met with nancy pelosi's people. are they -- what did he say about that? did he say nancy pelosi is willing to give a little bi bit? >> so here's the thing. there has been a lot in the news that this administration has not had discussions with the other side. and jared was very clear that actually has -- his team has had meetings.

in fact, over the weekend, across the street, they had meetings with nancy pelosi's people and chuck schumer's people and that they have been trying to open up and rev up negotiations. that is really what is required again to get to a solution here. ainsley: can you tell me more details about that? did he say he thinks that maybe they will budge? they will give a little bit of money for the wall? >> well, actually, according to jared, that there has been very little headway and actually refusing up the negotiations. and that is where they want to be. when they made the offer, when the president made the offer for the 5.7 billion, for three years of temporary status for the daca community, that was with the intent of revving up negotiations. and now they are still waiting on the democrats to come forward and make a counter offer. so we can get to that space where there is agreement and, of course, both sides can get their priorities passed. i think the president feels like he was elected to

enhance border security. and the democrats feel they were elected to pass daca legislation. we can have -- we have a solution here and it's actually by bringing both together and agreeing on these two important critical issues for the american people. ainsley: i know the approval rating among hispanics has gone up for this president. we have to continue to follow this story. hopefully they can come to a resolution. some sort of compromise. >> that's our hope. ainsley: i think all of us are hoping that thanks, daniel. roger stone about to face a judge after being indicted by special counsel robert mueller. catherine herridge is going through the indictment right now. she is going to join us live for a report at the top of the hour. plus, democrats thinking about 2020 are getting close with al sharpton despite all the controversy in his pac. diamond and silk are going to say it's a bad move. we will find out why. they will join us next. ♪ better than creams

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♪ ainsley: coca cola taking a time out from the super bowl ending its 11-year run from the big game's commercial lineup. ed: instead the company is airing this ad directly before the national anthem. >> we all have different hearts and hands. >> heads holding various views. >> don't you see difference is beautiful. >> and together is beautiful too. ed: they say the commercial is aimed at promoting diversity and inclusion. steve: is this what americans want to see before the big game on super bowl sunday? here to weigh in fox nation host diamond and silk joining us from diamond and silk world headquarters. >> good morning. steve: rather than just selling coke, what the company is trying to do is

start a conversation about this. what do you make of it? as a business decision? >> okay, now coca cola is one of my favorite drinks. >> okay? >> okay. i don't want to throw coca cola under the bus. look, okay. i'm for togetherness. let's do that. >> yes. >> i'm still upset with the nfl i'm not even thinking about the super bowl. if they want to bring everybody together. >> in unity. >> in unity i will be okay with that. steve: you will see the whole commercial coming up on super bowl sunday. ed: especially doing it before the national anthem which has been a source of controversy for people who don't want to stand for it. ainsley: after that gillette commercial what did you think of the gillette commercial. >> >> i thought that was offensive to all men. >> i have a father he has never disrespected us or my mother. so whenever you paint men with one broad brush, that's a problem. >> it's time to stop demasculating men. we love men with muscles. those muscles were made for something. let men be men. they have testosterone.

let them be men. steve: a number of major democratic candidates for president have cozied up to reverend al sharpton despite his past record. what do you make of that? >> well, you know, we all know that al sharpton is what we call one of the gate keepers of the democrat party. the fact that these presidential hopefuls are cozying up with a known race baiter, he has profited off of exploiting black people. >> that's right. >> is really, really, really sad. shows their desperation for the black vote. people are already onto the democratic party. the black people are onto the democratic party. they know they are all talk, no action. they go missing in action. and their best bet is to vote for president donald j. trump because he takes action. >> that's right. let's make sure we get one thing clear. al sharpton don't speak for us. al sharpton don't speak for me. he is more like a pimp. that's what i view him as. he has been pimping out black people for so long.

selling them a bag of lies is what he has been doing for so long and giving them nothing. steve: harsh words from diamond and silk. thank you very much. ainsley: thanks, ladies. steve: roger stone indicted. next. experience amazing at your lexus dealer. . .

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ainsley: straight to a fox news alert. roger stone has been indicted by a grand jury. steve: the former trump campaign associate whose been arrested by the fbi in for the hawed dale, florida. he is due in court in a couple of hours. ed: a breaking story. catherine herridge with breaking details about the arrest. reporter: good morning. we have 24-page indictment. there are seven counts. they break down into a handful of buckets, making false statements obstruction and witness tampering. it has to do with roger stone and wikileaks during the 2016 presidential campaign and the bulk release of emails from the dnc that was first round and second round being campaign

emails from the clinton team. there is one section in particular that certainly has my attention and it goes to the issue of roger stone's contact with the trump campaign. he testified to the house permanent select committee on intelligence, and i would emphasize, so far what i have read these crimes have to do or alleged crimes have to do with his contact with congress but stone is asked by the committee whether he had relayed any of this information to members of the trump campaign and he says i did not. this is reading directly from the indictment. in truth and in fact, as described above stone spoke to multiple individual in the trump campaign about what he claimed to have learned from his intermediary to organization one that is wikileaks including following. on multiple occasions he told trump campaign officials about materials possessed by wikileaks and timing of releases okay

3rd, 2016. stone reported to person on trump campaign. he spoke to his friend in london, that appears to be julian assange. stone told high-ranking trump campaign official the head of wikileaks had serious security concerns would release a load every week going forward. of course the time something obvious to you and why that is significant, october 2016, is one month before the presidential election the i'm giving the indictment a second read through but critics of the special counsel will argue again these are process crimes having to do with his interactions with congress and withholding of records but don't go directly to the allegation of coordination or collusion with russia during the campaign. ainsley: catherine, you talked about organization one materials, payload is coming. is there anything illegal there that you found? reporter: i don't want to speculate because i'm not a lawyer and certainly not someone

who is directly handling this case, but going through the indictment, ainsley, what i'm seeing here these are allegations about with holding materials relevant to an investigation from congress and also go to the core of the nature and the veracity if you will of his contacts with wikileaks and whether he had advanced knowledge of the release of those emails. steve: right, catherine, ultimately what it was about, the reason ultimately he wound up in front of congress answering these questions was the indictment says in the summer of 2016 he started having the conversation with wikileaks and they had these damning emails from the dnc. >> and hillary clinton. steve: ultimately they were looking for as all campaigns do, looking for some -- ainsley: opposition research. steve: some trash, opposition research on hillary clinton. reporter: again i draw your attention to the section 35 of the indictment because what it does not explain here who roger

stone was coordinating with on the campaign and what their intent was at that time about the emails. steve: that is the key. you said you're not an attorney but we have one standing by. geraldo rivera. you betcha. geraldo joining us live from his studio in cleveland. geraldo, is it against the law -- too tell catherine, my clock is running now. steve: is it against the law during the campaign to try to dig up dirt on another campaign? >> of course not. that is what campaigns, that is what operatives like roger stone do. they dig up dirt. they do opposition research. roger stone is a bully. he is a brash person. i don't particularly like the guy, but as cat thin said, you cannot bury the lead there is no allegation that roger stone colluded with the russians or part of an organization with president or then can trump to collude with the russians. this is nothing to do with

collusion. this is like the flynn indictment and some others this is about what these men did once confronted by a sworn venue where they had to swear their testimony. once they raise their hand, swear to tell the truth, whole truth, and so forth, when you talk to a federal agent. you must tell the truth. he lied to congress allegedly. that is what they arrested for this morning what i think was the most embarrassingly excessive raid on a person's house i've seen in recent years. six loaded cars filled with feds, wearing flak jackets, busting the guy's door 6:00 in the morning, for a guy been charged with process crimes? that is the kind of conduct you reserve for a drug lord. that is conduct you reserve for the bank robber hiding out or the mass murderer.

ed: you covered a lot of these stories. why in the world would the fbi and special counsel mueller's office sending heavily-armed long guns, for somebody like roger stone who is hardly a flight risk? everyone knows he is a flashy dresser with a straw hat. he will not sneak out of country. why would they do this? >> ed, i don't like the guy. i that i am on the same side legally as he is give anybody that impression. roger stone is a brash bully but i do think he is loyal to the president. i will give him credit. he said, why did they have this show of force? i think we all have our own sentiments two years plus about the mueller investigation, the special counsel's office, the branches or the segments of the fbi dealing with the mueller investigation. i think they had tremendous frustration with him. roger stone has been defiant to robert mueller. you cannot be defiant to the

feds. you know, they seem milky toast, just bland, just the facts ma'am. the fact of the matter is they smolder inside, when you insult them, when you defy them, as manafort did previously. roger stone made himself very vulnerable to the powerful force on earth, the united states government. he will have to hash it out. i'm sure he is broke. the feds drain you. make you hire lawyers, hundreds and hundreds of dollars every hour you have to pay them. i think he is in hot water. ainsley: he said he was out of money and spending, the money he planned to give to his grandkids. it is not just false statements. it is obstruction and witness tampering. he said he has not done nothing wrong. this is him two nights ago on tucker. >> a two year microscope my life is examined my personal life, my

private life, my family life, my business life, my political life. that is extremely draining process. 12 of my former current or associates have been browbeat by the fbi or dragged before the grand jury. literally millions of dollars have been spent. i believe all my emails, text messages phone calls in 2016 and since have been scrutinized. and to date there is still no evidence of russian collusion, wikileaks collaboration or any other illegal act in connection with the 2016 election. or anything else. steve: no collusion. >> no collusion, steve. hard for me to feel sorry for someone who became a dirty trickster in the first grade. everything he said in that clip with tucker rings true to me. they have nothing on collusion on this guy. if they had it they would have indicated it. i think the stone arrest is very dramatic. looks like a major development in the case. it is none of those things.

steve: another network apparently alerted by somebody, could have been his attorneys. we don't know which side it was on. they were actually there at the raid where the heavily-armed agents -- >> how did that happen? steve: wonder, who dropped a dime. geraldo, ultimately if you're in the white house, one of the president's attorneys and you see, roger stone has been alerted, that is roger stone indicted by federal grand jury on seven counts is this a big deal? is this pad for the president? >> just from what i know about the white house and people we all know, you know, the four of us know, roger stone has been a very minor character throughout this. yes, he has spoken to the president occasionally. he is nothing like a good friend to the president, although he has been loyal to him in this crisis. he, you know, is not, i don't think the inner sanctum, trump inner sanctum considers roger stone one of them. what they fear is, that this

will distract, for example, from the government shut down and the need to resolve this terrible issue that we're confronting. you have international crises like venezuela unraveling, potential of a civil wash on our southern border. i worry that people will lose focus of, you know, some real crises here. roger stone will muddle his way through. even if he get as federal defender, he will do fine but you know, you can lie to congress. you can hate the congressman you're talking to. you can be before a hostile committee. but one thing you cannot do is tell an untruth. he is a prevaricator from way back. steve: i hope they go after everybody who has lied before congress because that is a long list. >> don't hoped your breath. ainsley: geraldo, why don't you like him. i don't know as much about him as you clearly do? >> he is bully big foot.

ana navarro, works on "the view" sometimes, on cnn roger stone said ana navarro only had the jobs because of affirmative action. she is one of the smartest women in the western hemisphere. this shmuck denigrates her. things like that, ainsley. i want to know you can be for someone on an issue philosophically still not particularly care for them. this guy dates back to nixon. he's, he is a kind of shady guy that occupies half of washington. ed: geraldo, you mentioned the political and legal crisis the president may be facing with the mueller investigation. we'll see where it all ends up. what about the crisis at the border? democrats insisted that it is manufactured, not real. you see the new stats released by border patrol. they say there is a crisis. they're at the border. we're not or neither are the democrats. the democrats have not given the

president a counter offer on reasonable plan on daca, everything else he put on the table last weekend. is it finally time, exhausted congressional lanes here, declare an emergency, build a wall? >> ed, there is no doubt, i read it again under the 1976 national emergencies act the president has the constitutional and statutory power to declare an emergency on the southern border in the next five minutes, did he care to do that. he has the power to do that. he also has the power under the emergency he declares to specify that ox, to fix this emergency, taking 3 billion from the defense department budget. i'm taking 50 million from the homeland security budget. i'm taking 50 billion from the fema budget. et cetera, et cetera. he has the power to do that. it will be challenged certainly in court and perhaps, ruled

unconstitutional by the ninth circuit, but i believe with great certainty, were the president to declare a national emergency, the supreme court as presently constituted would say he is correct. steve: you know, what about, and ainsley touched on this a little bit ago with the fellow from the latino advocacy group, apparently jared kushner has behind the scenes been talking to various groups, asking, hey, how about a grand deal? how about dreamers wind up essentially with citizenship, green cards, path to citizenship and president gets $25 billion for a wall and all that other stuff? is that a fair deal? and could the president take his republican base, part of it saying, wait a minute, that is amnesty, you can't do that? >> it is, steve, the deal that i have urged the president to take. i believe -- steve: forever. >> this deal has been made in, behind the curtains and then for

whatever reason it unraveled toward the end of last year. i think it's a deal that resonates in soundness, in compromises. i understand people don't want to give the daca kids a pathway to citizenship because they're here illegally. i understand there are people who don't want a wall on the southern border because they think it sends the wrong message to latin america, i know the side here. we have to resolve this. a compromise is painful to both sides, but for god's sake put the country before your party. that deal, the 1 point something million dreamers heading to citizenship, the president heading to the border fence, barrier, wall. steve: win-win for both sides? >> right. ainsley: hey, geraldo talk about what is happening down in venezuela. they had fraudulent election. nicholasnicolas maduro says he e man in charge, he is in charge of the military. our president is siding with the opposition, the other leader. alexandria ocasio-cortez, among other democrats say they're socialists. they want to tax the wealthiest

people 70%. the president said yesterday, that would bring venezuela's economy, their distress to the united states. they were one of the richest countries, now they're the poorest. what is your reaction. >> my if you're not liberal when you're young you have no heart, if you're not conservative when you're older you have no brain. alexandria ocasio-cortez will become more rational, reasonable, more ideas grounded in reality. socialism has destroyed venezuela. a country i know well. steve: you have were there in 2003. >> i was there many, many other times. i was there in 2003. my day time talk show used to air there. i would do a bilingual version of it. i love venezuela, middle class country, prosperous had division between rich and poor but what country doesn't it. now maduro who is the heir to

hugo chavez, taking this country, making it a socialist wreck. they have destroyed their oil industry, despite the fact they have the largest petroleum reserves certainly in the hemisphere, maybe on earth. they have destroyed the economy. they have had inflation in the tens of thousands percent. takes you a stack of money this high to buy a quart of milk in venezuela. maduro is thief, a cheat. not only a castroite, old-fashioned commie, invite the russians to bring nuclear capable bombers to caracas, venezuela in december. maduro is all of full. the entire organization of american states virtually, including canada, argentina, chile, peru, on and on backed the president's move, maduro fixed the last election which he almost certainly did and juan guaido, 35-year-old charismatic

healer is the legitimate president. he is the president of the national assembly. now he is recognized. maduro better not harm our diplomats, because as i understand it now, our diplomats are not leaving caracas. ainsley: is that a smart move? is that dangerous? >> i would love to be with them. they're very brave, the state department. you will see a great show of american spunk and courage. if they are dragged out of there, i suspect they will go with their heads high provided by president. that could exacerbate tensions and push further towards civil war. it all depends on the venezuelan military. if the venezuela army stands by maduro we'll have a very, very tough time. if it splinters or favors juan guaido, i think maduro could be convinced to leave in exile. we have very tense time. the president has to pay attention to this.

i loathe the distraction of the government shutdown. furloughed government workers, furloughed government workers in northeast ohio, today at 11:30, harbor inn, downtown cleveland, i'm buying for all federal workers in northeast ohio. steve: you're buying lunch. >> i'm buying. not buying. ainsley: what are you buying? drinks? >> cleveland's oldest bar. bring a dinging nated driver -- designated driver. steve: geraldo is buying the sauce. what is the name of the bar? >> harbor inn, 11:30 eastern time. steve: you better be there. people will start ordering drinks. as soon as i finish i'm going to get the bar polished. ainsley: free drinks and meet geraldo. >> thank you all. ainsley: jillian. jillian: pretty awesome. ainsley: my goodness, what else will happen today?

jillian: serious news out of pennsylvania. a fox news alert. at leave three people including a gunman are killed in shootings near penn state university. police say suspect jordan witmer opened fire at a bar two miles from the school. he killed one person there, then crashed his car and broke into a home where he killed another man before shooting himself dead. police are searching for a motive. at least two people are hurt. 3-year-old boy missing for three days is found alive and well. casey hathaway found stuck in thorns and vines, calling out for his mother. >> we're very thankful you took the time out to come search for casey and pray for him. he is good. he is good. he has been talking. he asked to watch netflix. jillian: great ending to that story. casey's mom hugging the first responder who rescued her little boy in north carolina. he disappeared on tuesday from his grand mother's backyard. elizabeth warren upping the ante on far left democrats

proposing ultimate millionaire tax. americans worth more than $50 million, would pay 2% tax on each dollar above the threshold on top of income tax. billionaires would pay 3%. he says the money would go to the middle class through child care programs or student debt relief. a brand new giant ice disk found spinning in michigan. despite internet rumors it is not the work of aliens, we promise. it is a natural phenomenon in rivers with natural currents. there was one in maine that was 100 yards wide. a man reportedly tried to carve a peace sign into it with a chainsaw. that didn't work. he cracked it. those are fascinating to look at. steve: natural phenomenon. ainsley: i love the story about the little boy that was found. awesome. ed: brian having breakfast in friends in texas before his town hall on the border.

ainsley: dean cain joins us live. that is coming up next. steve: you're next. hello, sir. >> good morning, sir. >> why aren't you flying in? i'm a veteran

and the army taught me a lot about commitment. which i apply to my life and my work.

at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. ♪ ed: time for your news by the numbers, dean cain edition. first, 36 million, how americans could lose their jobs to robots. a report by a d.c. think-tank, that artificial intelligence could take the place of cooks, waiters, truck drivers. ainsley: no more news anchors as well? >> 100 feet, how long the sinkhole is, opened at a complex in southern cal where dean cain is from. a flood control channel collapsed. finally zero, how many kids

are allowed on a adults only cruise. virgin voyages launches the first ship that sales between miami and caribbean. ainsley: ah, kids are great. the left this week. maybe a week vacation may be noise. steve: that is the point. ainsley: the left hailing new york's governor andrew cuomo passing a beale legalizing abortion till birth. steve: we were telling thaw earlier. vermont is following their lead by introducing a similar bill would make late-term abortions constitutional right. ed: here to react, actor, executive producer of gosnell, untold story of america's most prolife serial killer, dean cain. >> good morning. you're looking good by the way in 2019. ed: we come a long way, when i first covered politics, danielle past trick moynihan, senior senator from the great state of new york, talking about the late-term abortion, said

partial-birth abortion he believed to infan at that side. now this very state where he served and lived so long said it is all good. >> you know what, with that law here in new york and the one they're proposing, one i guess just passed in vermont, or being proposed? ed: proposed. >> would make the crimes of herman gosnell. legal. steve: who was he? >> he was a abortion doctor in philadelphia was performing late-term abortions. pennsylvania, the law is 24 1/2 weeks. five 1/2 months, 80% viability of a fetus. after that point in time unless extreme circumstances you weren't able to perform an abortion. he was doing this well beyond that a lot. he was found guilty for three murders. they could have done it for hundreds. he would induce birth, have birth, to a live child and then he would use a pair of surgical scissors to snip their spinal cord. that would be legal in new york, for the new york law and what is being proposed in vermont.

steve: now that was five 1/2 months in pennsylvania. here in new york, up to birth. up to nine months! if you change your mind the day before the baby is going to be born, you can have an a abortion? >> that is the whole thing. they call it the health of the mother. it is really fungible thing to say, whether it is the emotional health or whatever it might be. so there -- steve: health emergency it could be. >> listen, the point the fetus is not viable. i understand that. that makes sense. but if it is viable child, i just encourage people to watch the film, "gosnell." i'm not telling anybody what we believe. but we tell the story of kermit gosnell. ainsley: presales are doing well on amazon, best-seller, right? >> number one drama presales on amazon. out on video-on-demand. it is doing really well. ainsley: let's watch a little clip of it talk about it. >> the prosecution offered you a plea bargain, dr. gosnell.

>> then i would have to admit i'm guilty. i'm not guilty. >> when you get to the courthouse you will be swarmed by reporters. are you ready for this, counsel? >> where is everybody? ainsley: dean, after doing all your research, executive producer and learning more about his life, how did he justify doing what he did, and what was the, what is the worst thing you learned when you were covering the story? >> for me the worst thing i learned actually takes place during late-term abortion. i didn't have any idea. i thought i was pretty knowledgeable guy. it is gruesome. the kind of thing you learn if you watch the film. we don't show everything, but you understand what took place. there is a huge emotional impact on the mothers. you see that in the film. you know, that is, that is the thing that i saw the most that actually shocked me the most. what was the other question? i missed -- ainsley: most shocking thing. then how did he justify it? >> justified it by not -- this

is man who had his own kids but he justified it not seeing these children as children. steve: he is in prison. that film is available on amazon, elsewhere on demand. a new one comes out today, it is the challenger disaster. we all remember. dean plays an attorney for the o-ring company that ultimately led to the disaster. here is a snippet. >> do you want the space program to continue? yes or no? >> that is not the question. >> yes or no! that is the question. that is the only question. mistakes have been made. and if they continue to be made, you are never flying again, ever. that decision is made for you. steve: can't handle the truth. >> you can't handle the truth. steve: nasa went ahead to fly it anyway with really cold conditions that impacted the o-rings. >> knows guys wanted to talk about it, speak before the presidential commission, my attorney character was telling

them not in order to save the space program. this was initially called 12 angry men. they were angry. 1986 that happened. 33 years ago almost exactly to the day. ainsley: january 28th. my mom's birthday. where were you? >> i was in college. ainsley: third grade. >> you were in third grade. that's nice. [laughter]. ainsley: i didn't know you were going to say college. >> that puts it all -- ainsley: you're not old. you're not old. >> i was like a junior. maybe a sophomore. ed: good luck with the new dvd. steve: watch you this weekend on "fox & friends." >> i'm be there all morning. i was going to wear a blue suit but not for obvious reasons. steve: you will have plenty to talk about because we just learned in the program today, roger stone, confidante to the president getting ready to face a judge in couple hours. more on breaking news. he has been arrested and indicted by robert mueller. ainsley: plus brian kilmeade is

having breakfast with our friend in san antonio, texas. brian, what are the people saying about this? >> here it is. the problem at lulu's. they're known for two things. chicken-fried steak and a three-pound cinnamon roll. time for decision, who likes the chicken fried steak better? [cheering] cinnamon roll. [cheering] cinnamon roll is the winner. i'm the loser because icing is dripping all over me. back in a moment. ♪

steve: back to a fox news alert. at 11:00 this morning, roger stone, confidante to president trump, will appear in court after being arrested in fort

lauderdale, florida. ainsley: he has been indicted by a grand jury. ed: he is charged with obstruction, five counts of giving false statements plus witness tampering. the indictment claims that stone lied about interactions with organization one, that of course is believed to be wikileaks. steve: mr. stone is also accused of trying to obstruct postelection congressional investigations. it is alleged he lied before congress. more details throughout the day. luckily brian is down at lulu's bakery and cafe in san antonio. brian, i see you put down the dripping sim mon bun, which is good, but you have an instant focus group to see how people feel about this and about the crisis on our southern border. >> absolutely, steve. in san antonio, texas. the place is about two hours to the border here it is a hot issue. that is what she used to look like before she sold to sandy.

i don't where she sis. but the place lives on. military family. your husband is in the army, a medic, combat medic. >> yes. >> when you talk about an issue that resonates in san antonio, what comes to mind? what do you think is overlooked. >> the government shut down, all families being affected. >> like the coast guard, the coast guard is not getting paid. >> that's correct. i'm saddened, heartbreaking that we've come to this. >> how do you feel about the military at the border? >> i feel, i'm supportive of them being out there and protecting us and doing what they have to do. i'm just hoping that in the next coming days that, our leaders stop playing politics, put america first and do what is right. >> absolutely. and by the way, thanks so much for your service, it's a family service. and, sir, when were you in vietnam? >> 1969, 69. >> how do you feel about the battle we're seeing here, battle between republicans and democrats? >> democrats ought to go home

and retire and sit on a porch in a rocking chair. >> i think i know who he is voting for. thanks for your service, sir. appreciate it. i want you to meet gerald. gerald's a plumber. he is here. just wrote an op-ed in the local newspaper. thanks for coming down. >> my pleasure. >> by the way those are not props. he ordered french toast. he is waiting for me to do the interview. gerald, what is going on here? >> i mean our politicians are more concerned about their own power than taking care of us american citizens. and there should be some sort of grand compromise. in my op-ed i wrote that we should fully fund the wall, coast to coast and end chain migration and then the liberals would get daca, the daca people would be protected with a pathway to citizenship but not the parents that brought them over here illegally.

>> gotcha. >> then also i feel, i have a lot of empathy for the illegal immigrants because -- >> but they do drive down wages? >> they drive down wages. i work construction. a lot of the americans of hispanic descent that i work with are very upset about the illegal immigration just like, just like we are because, when you can hire somebody for eight or nine dollars an hour instead of paying a skilled laborer 15, $20 an hour, they don't get it. that's why here recently, when they did a poll president trump's -- >> hispanic poll. >> it went up because the hispanics don't like the fact that the wages get depressed. >> joe. great job. great intro. active american. round of applause for gerald. [applause] this is harold and carol. they are married. they have been here for three hours. first off, carol, you said one

thing, you talk to ranchers. there are people running across their property? >> oh, yeah. it has been a problem. i have one friend they have broken into her ranch three times the last two years. >> what can you do about it? >> they kind of leave them alone, yeah, it is, it is pretty bad. we're very nervous. one time they broken into the ranch right next door to us. we got up on the hill and sat in our trucks with our guns just in case. >> right. >> yeah. >> you're allowed to. those are registered, right? >> of course. >> good. i don't want to make a citizens arrest. harold, what about you? to sit here san antonio two hours from the border have them debate what is good for border states, how do you feel about that? >> i think a lot of the people debating that, they're on one side or the other. i happen to be on the positive side for people who really want to work in this country and do a good job. >> get them work visas. >> we used to have green cards. they would come in, very

friendly people and we were good friends and when they had to go back and go back. we don't want the people that will come in here and pillage, rape people, after drugs, selling their drugs. i don't believe that will help anybody. >> absolutely. >> support trump's program and we support all of the people that are trying to be conservative about this thing rather than the other ones trying to let everybody go. >> everyone has to give a little. conservatives got to give. democrats got to give. we have to get this done. everyone has to get paid. one thing we agree on, lulu's is the best diner ever. [applause] i would not be surprised, i would not be surprised if steve, ainsley, ed paid for everybody's meal. ainsley: give them your card, brian. >> put it on my card. steve: yesterday he took a big wad of cash. ed: geraldo. geraldo.

ainsley: geraldo buying everyone beers in his town of cleveland. you should buy everyone there breakfast and beers. >> keep in mind geraldo pays out a lot. he is married six times. he has a huge alimony bill. i cannot -- ed: brian, thanks for getting dressed for the occasion. ainsley: we're still looking for lulu. that is real funny you said that at beginning. tell us about the battle of the border, what rush doing tonight. >> it's a big thing. at the j.w. marriott, we'll have 400 people, 600 people down unscripted look what is happening at the border, people concerned most. in texas arguably. two hours from the border. coming from all around. it will air at 8:00 and 11. tomi lahren will be there. a lot of big names. ainsley: watch it on tv sunday night. ed: sunday eight p.m. and 11. >> 8:00 p.m. repeat at 11. steve: brian the crew at lulu's, thank you very much.

ed: get i had up to jillian. ainsley: do you have a story where is lulu? jillian: i do not. all i know i'm not paying. let's get caught up on your headlines starting with this. the president of notre dame defending his decision to cover campus murals of christopher columbus in the gold dome building. >> we're not concealing anything. we're not erasing anything. it is not a criticism of christopher columbus. he was a great explorer. it is to tell the story of the native peoples, which in many ways is the harsh story. jillian: murals were made in the 1880s intended to encourage catholic immigrants in the west but are deemed demeaning to native americans. a truck goes into ball of fire and rolls back down the street in flames. showing the fiery blast in kansas city, missouri. a neighbor thinks the blown tire. as the mail carrier hit the gas

over and over getting stuck on ice. an investigation is underway. that is frightening. steve: glad nobody is hurt. thank you very much, jillian. ainsley: 42 minutes after the top of the hour. the senate rejecting both plans to end the government shutdown. what happens now? we'll ask senator john cornyn coming up. ed: the list of democrats running in 2020 keeps getting larger but are they already making big mistake, that got president trump elected once and could get him reelected? we will talk about it with a top democrat. ♪

♪ ed: that list of democrats running for president you see keeps growing as the party is eager to find a candidate they think could beat president trump. are the democrats in the media making some of the same mistakes that elected the president in the first place? founder of 32 advisors, former

economic advisor to president barack obama, robert wolf is here to discuss. >> also fox news contributor. ed: that was in the prompter, that should be in my brain. >> exactly. ed: what do you make of this long list, this idea it was mistake to anoint hillary clinton last time, that it should have been a more open field? now you have at least a dozen. they are saying at least 20 or 30 people could be all said and done. is that bad news for someone like joe biden? >> no, i think it is great news. i agree the idea that coronation doesn't work in a primary. we saw that in 2018 with president obama. he was 2% when hillary clinton was 65%. we saw that in 2016 with president trump. he wasn't in the top five out of 16. so it is clear that the people, they want a vote. they want to see all the possible candidates. then they want to decide. they don't want the party to decide. so i love the idea we'll have a large, diverse slate. ed: right. >> i don't know if 25 is too many. i would probably rather have 15. ed: as they come out dot

late-night talk show circuit. they start revealing themselves. there is significant number, not all, a significant number tilting the party further and further left. you're a wall street democrat. i don't mean that pejorative. >> not at all. ed: you were economic advisor to barack obama. you have elizabeth warren saying let's tax the rich a lot more. see what is happening in venezuela with sewingist policies. >> absolutely. ed: is that a bad, bad mistake for your party? >> there is a bunch of ways to answer that i'm not on populist left. but i'm on the left with begin issues and climate change. the party shifted left where all the electricity and excitement is. we have to find balance between excite meant on the left, which who can win a primary. down to the swing states. tough be more moderate. ed: who can win a general election. but president trump has a strong economy. there are bumps you have to deal with china trade, you know all this better than i.

last question, if you end up with someone on the far left talking about economic policies that may actually take us in the wrong direction, where does that lead you in a general? >> i think it makes it tough to necessarily win but let me explain about these economic policies. i think if they use the word trickle-down economics is not working, i think that would be better than taxing the rich because trickle-down economics has not been working. it worked during the reagan era but taxes back then were 70%. we had a real vibrant middle class. ed: some in your party want to bring it back there. >> i don't think it is working today, trickle down. there is better way to state the case. we don't need to be anti-business. we can be a pro-growth democrat. ed: robert wolf, tough talk for a democrat. >> thanks for having me. ed: senate rejecting both plans to stop the partial shutdown as we enter day 35. what happens next? he is a leader in the senate. john cornyn of texas is next. let's check in with my buddy

bill hemmer. what is coming up. >> see you a little later. that is a tease. breaking news on the roger stone arrest. what it means, what it does not mean today. also solution to the shutdown is elusive. we'll hear directly from the white house. mercedes schlapp is our headliner on all that. freshman senator rick scott sure learned a lot in a month. he will join us live today. it is a rockin' friday. come join our a-team and sandra and me coming up in ten minutes. see you friday, folks, top of the hour right here. for a noticeably whiter, smile. trust america's #1 whitening treatment. crest 3d whitestrips.

♪ ed: house speaker nancy pelosi refusing to compromise. hasn't even made a counteroffer to the president on this his push to get a down payment on wall. ainsley: should president trump declare a national emergency?

steve: apparently one of the options. let's talk to republican senator john corn anyone. he joins us from the russell rotunda. >> good to be with you. steve: good to have you with us as well. yesterday two plans voted in the senate. they were both voted down. now we're looking what you guys will do next. we understand nancy pelosi has given everybody on the house side three days off. so, we're looking to the senate. what is happening behind the scenes? >> well it is really unconscionable to have federal workers working to try to keep us safe and provide services to the american people who are not getting paid now for the second time but there is a number of conversations that are occurring to come up with some sort of deal, some sort of, something that the president would accept but it is important to recognize that what the president proposed was a compromise in and of itself. what senator schumer proposed yesterday was just my way or highway continuing resolution with no border security money. ainsley: senator, what will happen next? should the president use this emergency declaration?

>> i think that would be unfortunate for him to have to go there. i understand that he does have that power, but it is likely there would be a lawsuit immediately filed. this would be tied up for months if not years. ainsley: what choice does he have? someone has to do something? >> that's right. i'm talking to some of my friends in the texas dellgation, some democrats who represent the border region. if this were matter coming up with a solution we could do it in 30 minutes this is more about politics and zero-sum game nancy pelosi wants to play to crush president trump. ed: we have one minute. we have breaking news. roger stone indicted, former campaign associate of president trump. we don't expect you to know every nuance of an indictment unsealed. however you're a leader in the senate, in the republican party. what is your sense where the mueller investigation is today and where it is headed? >> it looks to me like director mueller is focused with a lot of peripheral characters, people that maybe have association with the campaign but nothing with

the actual election which is supposed to be the focus of the russian investigation and mueller special counsel investigation. i have no idea what mr. stone did or did not do but that has nothing to do with the trump campaign and the results of the 2016 election. steve: it does sound as if five of the count are for he allegedly lied for congress. is that a new standard, if you lie before congress will you get indicted? a lot of people done that seemingly, nothing ever happens? >> a number of them been referred by the judiciary committee as a result of the kavanaugh hearing you may remember. i think lying to congress is a bad idea. lying under oath, lying to the fbi. we need people who will tell the truth so we can get the job done. ed: senator john cornyn from texas. good luck in the negotiations. thanks for coming in. >> thank you. steve: we'll step aside and be right back. & flu

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>> i feel like i'm on a boston baseball game. [laughs] >> or in south carolina. >> have a great weekend. >> i'll be here on sunday. head over to fox nation. >> goodbye everyone, have a great weekend. >> bill: breaking overnight, longtime trump associate roger stone arrested in predawn raid in florida. we've got a pack three hours, folks. i'm bill hemmer. it's friday, can you tell? [laughs] >> sandra: all right, thank goodness it's friday. i'm sandra smith. stone is that you appear in federal court in fort lauderdale about two hours from now on charges of obstructing an investigation, making false statements, and witness tampering. paul manafort due in court moments from now in washington for a hearing that claims he lied to federal investigators after making a plea agreement with the special counsel. >> bill: you may recall that roger stone has said publicly he co