happy birthday, spike. check it out at foxnews.com/thedailyspike. a great week, right? we have andy dalton, chris christie and tyrus. thanks for joining us. i'm dana perino. here's shep. >> shepard: does the u.s. need to crack down on tech companies to protect all of our privacy? why do europeans have so many more privacy protections than we americans do? apple is apologizing for the glitch that could let somebody spy on you through face time even if you don't accept the call. we'll look at europe's tough new privacy regulations that just cost one tech giant $50 million. and why our senior producer for capitol hill is playing ping-pong in the halls of congress. reporting begins now. and our reporting begins with another democrat getting into the 2020 presidential race. just 641 days until election

day. senator cory booker, the former mayor of newark, new jersey declaring his bid for the white house today. he says he wants to unite a divided america around a common sense of purpose. >> i believe that we can build a country where no one is forgotten, no one is left behind. your parents can put food on the table, with good paying jobs and good benefits in every neighborhood. >> the news conference was in newark. six democrats running for president officially. three more have launched exploratory committees, so they're probably in. the field could get more crowded. fox news researchers compiled a list of democrats that talked about becoming contenders. it includes the former vice president, joe biden, the former new york city mayor, michael bloomberg and the vermont senator bernie sanders, an independent that ran as a democrat against hillary clinton back in 2016. the 2020 race, here we go. laura ingle reporting live in

newark. hi, laura. >> hi, shep. it's certainly been a very busy day for senator cory booker. just behind me, his house here was packed with reporters and cameras. he just finished up a press availability. you probably saw the video. we'll show it to you now of him walking down the street up to the front steps of his house. this after making appearances on radio and "the view." he said he will be the best democratic candidate and talked about the bipartisan effort he hopes to bring working alongside republican leaders. he listed a lot of reasons why he wanted to run, mostly saying that he believes we have more in common than what divides us. listen. >> we right now agree on enough to make big changes in america. to drive down healthcare costs, to drive up student achievement, to fix our infrastructure, to provide better education, to make a safer and stronger more prosperous america. >> booker joins a very crowded

field of declared democratic hopefuls. julian castro, kamala harris and john delayney. senator elizabeth warren and kirsten gillibrand. booker will head to south carolina next week and then new hampshire on president's day weekend, shep. >> shepard: laura, senator elizabeth warren apologizing to the cherokee nation today. >> yeah, that happening this afternoon. we did get a statement from the cherokee nation. i just want to remind our viewer, senator warren apologized to the cherokee nation for her decision to take a dna test to prove her native american ancestry, which angered some tribal leaders. we reported on this. kicked off a huge political backlash. the cherokee nation acknowledged the apology and saying we're encouraged by her actions and

hope that the signs and the mockery of tribal citizens and indian history and heritage will now come to an end. we have reached out to warren's camp and not received word back yet. >> shepard: laura ingle across the river in newark. let's go to chris wallace in washington. hi, chris. >> how are you, shep. >> i'm great. >> shepard: cory booker joins the race. what is his lane, if there is one? >> yeah, he's certainly on the left side of the spectrum. there's a lot of people on the left side of the spectrum. you got about a dozen there up already on your tote board. there could be two dozen becomes in this race. how people will sort it out, i don't know. part of it will be that lame. the left side of the spectrum of the democratic field is very crowded. almost everybody you put up

there. kamala harris, cory booker, kirsten gillibrand, elizabeth warren. you think you'd have to say they're on the left side of the spectrum. there's -- and then to a certain degree, they may cut each other off and syphon votes from each other. the moderate side of the liberal spectrum, pretty liberal people, people not on that list though but like joe biden. you know, he's going to have more running room and michael bloomberg as well. somebody called this the noah's arc field. there's two old guys in biden and sanders, you have two billionaires and howard schultz, he's going to run as an independent, michael bloomberg. it's going to see how people rise and fall. cory booker a legitimate candidate. you know, how are people going to distinguish? i'd say at this point the most

exciting entry into the race has been kamala harris who had that extraordinary announcement. 20,000 people, bigger than barack obama in springfield, illinois in 2007. >> shepard: is the democratic base on board with that sort of outside the center, far left politics, the medicare for all and all the rest? is that where the democratic base is now? >> i think that -- well, i think that the active part of the democratic base and the people that are frankly most likely to vote in primaries are on the left with exactly the things that you're talking about. healthcare for all, debt-free college tuition, guaranteed income, guaranteed jobs. that may be a little bit too far to the left. one of the questions that i think democrats are going to have to ask themselves, i'll always remember william f. buckley, the great conservative writer. he said i will support the most

conservative candidate in the field that can actually get elected. to a certain degree, i think this may be a choice for a lot of democrats between idealogical purity and the question of who can beat donald trump. >> shepard: if joe biden gets in it, is he the front runner? >> no, i think he is. he is the vice president of the united states for eight years. although -- it's interesting. i was going to say, he's the direct descendant of barack obama. but obama has not seem particularly enthused about him in 2016. certainly seemed to be tipping the scale in favor of hillary clinton. he's been meeting with more liberal candidates. there's a lot of question whether he would support the man who was his vice president for 8 years in this. just in terms of name recognition, money, contacts and one of the things that biden would have going for him is that i think the feeling is in the

democratic party, this incidentally is the reason that jared brown, the senator from ohio i think should be taken seriously, is to beat donald trump, you have to take back the so-called blue wall that turned out to be anything but, pennsylvania, wisconsin, michigan and nobody at least on paper would be better at taking back the rust belt and scranton than joe biden. >> shepard: you said two dozen. can you imagine moderating a debate of 24 candidates? >> you couldn't, obviously, with 24. what you have to do is have a series of debates. the democrats have made it clear, they're not going to allow these debates to be done by polling. you know, the top eight. so might be that you have to have three separate debates with a random set of frontrunners and trailers just to get through the field. >> shepard: gives me a headache. >> no, come on. its fun. >> shepard: okay. looking forward to it. a fascinating 641 days ahead. chris -- >> literally?

>> shepard: yeah. 641 days to go. better start campaigning. so this is the normal time of year. this is when it normally happens. we're all so caught up in it more than normal. looking forward to super bowl sunday. before you go to the super bowl, you have to watch chris. he will be talking with two members of the committee to try to prevent another government shut down. john hoeven from north dakota and henry cuellar, that's this sunday on "fox news sunday" on your local fox station. check your local listings. tune in tuesday for president trump's state of the union and the democratic response. all-day coverage on fox news channel. lots to cover here today. we'll head to atlanta, home of the super bowl. we'll show you some things that you can bet on beside the outcome of the big game. from tony romo to the half time show. first, the steps that europe is trying to take to protect people's online privacy and what it could mean for how the united

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which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ ask your healthcare provider if ozempic® is right for you. >> shepard: apple is apologizing for the glitch that allowed folks to eavesdrop on face time calls. even if the person getting the face time call never picked up the phone. we first thought a fix would come this week. apple execs say they will launch a software update next week, this is far from the first privacy scandal in the tech world. you know that. lawmakers have been pushing for new laws to help protect our personal information. they're doing it after the european union already rolled out new digital privacy regulations. in short, the europeans have a whole lot more privacy than americans do. the question is, should the u.s. follow the european model? greg palkot reporting live from london on what privacy looks

like over there. >> shep, it is being called the most sweeping online privacy law in the entire world. it is the european union's general data protection regulation for gdpr. it went into effect last spring and already having an effect. take a look. >> digital consumers here have help protecting their online privacy. gdpr ensures customers can delete any data stored by firms like google or facebook. make sure privacy rules are spelled out in clear language. if there's a data breach, firms have to come clean in three days. if they slip up, they could be fined billions. >> people need to feel empowered and have digital trust and confidence. the new rules get to do that. >> last week, french authorities say google is not transparent enough and hit it with $50 million in penalties. critics worry about

overregulation which has been a free and open source of communication. some say the laws are more complicated and protectionism from europe. >> we can't just copy and paste gdpr and think this will work for the u.s. the u.s. has to find its own way. >> the new digital laws need consumers to get involved and take responsibility. some here worried about privacy, some willing to do it. >> i think, yeah, it's a positive thing. i think it should -- they shouldn't take it anyway. >> experts say officials have to find a careful balance on reaching digital regulation that works in the united states. many say that's a balance worth finding. shep? >> shepard: greg, the u.s. has added jobs for 100 straight months. that's the longest streak on record. according to the labor department, employer added 304,000 jobs in january. unemployment slipped from 3.9 to

4%, but the number is misleading. some federal workers were counted as temporarily unemployed during the government shut down. so the news here is very good. the fox business network's kristina partsinevelos reporting live at the stock exchange. >> very good news. the fact that we're on this winning streak when it comes to adding jobs every single month. as you mentioned, you saw 304,000 jobs added for january. much more than analysts were expecting. if you think of those furloughed workers, all of those affected by the partial government shut down, they were still on the payrolls. even though they weren't being paid, they were going to be paid, which is why they were counted in when it would come to the number of jobs added and those working. however, the way that the shut down did affect the unemployment rate has to do with the fact that that's a different survey altogether. you go knocking on doors, you ask are you employed at the moment. even though they're federal workers, some might be up said and so no, i'm not employed at the moment. that's why you saw the uptick on

the 4% unemployment rate. wages are higher. what are the bright spots in jobs reports? quickly, you have leisure and hospitality, the bars, entertainment, gambling seeing higher job growth, construction, health, lastly, information and utilities. manufacturing could have been better as well. shep? >> shepard: kristina partsinevelos, thanks. coming up, the united states is pulling out of a cold war era nuclear weapons treaty with russia. it will a regan treaty that he put together with gorbachev. we'll hear from the trump administration and moscow on why ahead. plus, a new warning that isis could make a comeback in syria under certain circumstances. and we'll head live to venezuela where the fight for power continues. now a top white house adviser talking about the possibility of the united states military action.

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says this is another step towards u.s. destruction. analysts say leaving the agreement will unleash a new missile competition between the two countries. the truth is bigger. much of this has been about china. china is not restrained by this treaty. rich edson is reporting live from the state department. >> tomorrow the united states is suspending the intermediate nuclear range forces treaty. that is something that gives the russian government six months to return to compliance on this. president trump says that he's interested in having a discussion with russia on an updated treaty. >> we shouldn't be the only one. i hope that we're able to get everybody in a very big and beautiful room and do a new treaty that would be much better. >> the united states claims that russia's new cruise missile violates this treaty. in 2013, the senior officials say they had dozens of exchanges

with the russian government on this and they refuse to comply. over six months, officials say they don't expect russia to come into compliance, which according to the u.s. would be destroying these missiles, the launchers and the associated equipment. opponents of the u.s. withdrawal say this will start a new arms race. to that, a senior administration official says if there is an arms race, it would be russia that started this. there's the china element to this. china, according to a senior administration official, has been than 1,000 of these types of missiles that would fall under the inf treaty. but china was never part of the treaty. shep? >> shepard: thanks, rich. the pentagon's inspector general says isis could regain territory in syria in months if the united states pulls its troops out and eliminates the pressure there. a senior defense official confirming this to fox news. back in december, president trump announced the u.s. had defeated isis in syria and that

troops would be coming home. this week the president tweeted the isis caliphate will soon be destroyed. it's not yet. jennifer griffin reporting live at the pentagon. hi, jen. >> hi, shepard. a senior u.s. official tells me the pentagon inspector general will be briefing the acting defense secretary patrick shanahan on saturday about its quarterly report on isis and al-quaida. i'm told that that report will then be released publicly on monday. and the report concluded that isis will regain territory in syria in a matter of months if military pressure is not maintained on the group. the report covers the period from october to december and coincides with president trump's abrupt announcement ordering all 2,000 or so u.s. troops out of syria while declaring that isis was defeated. republicans in the senate led by

majority leader mitch mcconnell issued a sharp rebutte against president trump's decision to pull u.s. troops out of syria and afghanistan voting 68-23 against the complete withdrawal. >> we have not yet defeated isis. we have not yet defeated al-quaida in afghanistan. civil wars continue to rainfall in iraq and afghanistan. there's still cauldrons of sectarianism and terror. >> in a recent fox news possible, 12% of those surveyed said they thought isis was defeated in syria. the president said he has elected to end the wars but the top intelligence chief sided with the congress. they said --

>> the pentagon ig's last quarterly report made headlines estimating there's 10,000 to 30,000 isis fighters remaining in iraq and syria concluding it would take years to eliminate the isis threat, shep. >> shepard: thanks shg, jennife griffin. john bolton says all options on the table in venezuela. there's no immediate plan for the united states military to get involved. both the disputed president, nicholas maduro and the opposition leader, juan guaido are calling for their supporters to protest again tomorrow. united nations officials say 40 people have died in the violent demonstrations in venezuela. the country has sunk deeper in recession under maduro and inflation is rampant. many cannot afford food and

medicine. steve harrigan reporting live in career -- caracus. steve? >> the vice president saying there's no chance the disputed president of venezuela, nicholas maduro would be a negotiating partner for the united states. here's the vice president. >> to be clear, the struggle in venezuela is between dictatorship and democracy. freedom has the momentum. nicholas maduro is a dictator with no legitimate claim to power and nicholas maduro must go. >> maduro himself has told russian media he is open to talks with the opposition. opposition lieder juan guaido has said no. if maduro uses talks to buy time to stay in power if a dictator

must be ousted. shepard? >> shepard: guaido says that he intends to bring in humanitarian aid. >> this could turn out to be a remarkable test of the military's loyalty. until now, the military has pledged loyalty to maduro. what happens on the venezuela border one when says don't bring in food and medicine and the other man says yes, the people need it, bring it in. that will be a real test and could be coming a few weeks from now. maduro has rejected humanitarian aid. he says people here are exaggerating the crisis who want to get rid of him. he says it starts with humanitarian aid and then intervention. he wants to control the distribution of food and medicine. we could see a test of the military's loyalty in a couple weeks time. >> shepard: steve harrigan live

for us from venezuela. lindsey von has said she cannot compete anymore. her body is screaming at her and it's about time she listened. she planned to retire at the end of the year. he says her body is broken after many injuries. she will retire as the women's all-time world cup leader with more than 80 wins, plus three olympic medals including one gold. lindsey vonn retiring. lawmakers are still working to avoid another government shut down in a couple weeks. up next, chad pergram has his own unique look at the committee that could be key to doing just that. but first, the following suspect is definitely not up for an academy award. investigators say this guy in new jersey, watch here, he faked a slip and fall at work to swindle some insurance money. look at this fake coming. unfortunately for him, the

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catherine herridge reporting live at the courthouse in washington. hi, catherine. >> shep, the whole event lasted about an hour here. stone arrived 20 minutes before the status hearing and the hearing itself lasted about 45 minutes. the judge in this case, amy jacks jackson, told the courtroom that she's considering a gag order. she will give both sides some time to file paperwork for or against. she warned the parties this is a criminal proceeding and not a public relations exercise. stone did not speak to reporters but he held a news conference yesterday where he addressed the possibility of having to remain silent. >> i would point out i make a living writing and speaking politics. i hope the court takes that into consideration. i would love to hear from the court. on the other hand, i would have the right as i understand it to

appeal. so let's see what happens. >> we're learning more from the special counsel filings about what was obtained during the search warrants that were executed in new york and also florida. so thumb drives, a hard drive, computers, phones and also hundreds of pages of records. on this one point, both sides seem to agree stone is willing to waive his right to a speedy trial given the complexity of the evidence. they're looking at a possible trial date of july, august or maybe as late as october in this case, shep. >> shepard: catherine, thank you. president trump says there's a good chance that he will declare a national emergency so he will be able to build a wall along the southern border. he says ongoing bipartisan negotiations in congress are a waste of time if they don't consider a wall. lawmakers are trying to come up with a deal to prevent another government shut down two weeks

from today. john roberts reporting live from the white house. >> good afternoon. to say the president has little faith that this conference committee will come up with any kind of solution by february 15 would be an understatement. so it looks at this point that we're headed for another government shut down or an emergency declaration. folks at the white house believe that there's probably not much value in another government shut down. the president likely wouldn't get anymore than he got during the first one. so the next logical step would be an emergency declaration. if the president were to pull that trigger, he know doubt would end up in court, a court in california, the ninth's circuit court of appeals. but the president said he would prevail in a legal challenge. >> we'll look at a national emergency. i don't think anything will happen. the democrats don't want border security. i can tell you this, we have a very strong legal standing. we're doing it regardless. we have not declared the

national emergency yet and yet we're building wall. >> you say you expect to declare -- >> i don't want to say. you'll hear the state of the union and see what happens. the president told us today that he believes there's a lot of democrats on capitol hill that would support a border barrier. they're being told not to vote for one by the democratic leadership. listen here. >> the democrats are instructed don't do a wall. you hear and human trafficking, drugs, gang, crime. they're only doing it for one reason. one reason. couldn't be simpler. because they think it's good politics for 2020. they say maybe we can beat trump. >> the president also acknowledged that building a border wall in texas likely wouldn't do much to curb immigration by the central american my grants that are trying to come to the united states. in texas, you have to build a wall away from the rio grande and the rio grande forms the

border. people would still get on american soil if they were of the mind to be apprehended by the border patrol, which a lot of people are. the white house announced a theme for the state of the union tuesday. "choose greatness." >> shepard: i thought we would hear more. >> no. >> shepard: all right. chosen. thank you. john roberts at the white house. i didn't know. as we reported, lawmakers from both sides are trying to hammer out a deal to keep the lights on. our senior producer, chad pergram has a look at what is happening there. >> it's called a conference committee. a group of bipartisan, bicameral selected to serve because of expertise on a certain issue. they have to work out the differences. that's up to the conference committee. in its purest form a conference committee have a wide open debate between members.

a 2010 conference committee on dodd frank. and it's nothing more than a glorified press conference like the one on boarder security. one open session and everything else behind closed doors. >> think of the conference committee as a congressional mixer. add in digital frontiers, agents, walls, drones, fencing and dump them into a blender. hopefully when they mix everything together, the sides have a june need bill. this combo legislation is called a conference report. once approved in the conference committee, the house and it? take the conference report back to their respective bodies for adopti adoption. if the house and senate approve it, they're in sync. the legislation is synthesized and can go to the president for signature. if the house and senate don't form a conference committee, they only have one other option to get on the same page. it's called ping-pong. let's say the senate has a bill

and pings it over to the house. the house can either accepted the legislation or make changes and pong it back to the senate. the table tennis continues until either the house or senate agrees to what the other bounced across the capitol. on capitol hill, chad pergram, fox news. >> coming up, we check in on the cold weather in the midwest. one frozen river almost as high as the bridge that passes over it. later, what you can expect in terms of super bowl action. and some unique bets that you might want to consider.

>> neil: actor and singer jussie smollett is responding to people who are questioning his story about being the victim of a racist and homophobic attack in chicago. he issued a statement. he writes -- >> shepard: jussie smollett is

black and openly gay. he told police around 2:00 a.m. tuesday morning, two masked men, beat him up and yelled anti-gay slurs, put a rope around his neck and splashed him with some sort of chemical. investigators say they reviewed hundreds of hours of video and they haven't found footage of any attack. no witnesses have come forward. so warmer weather is on the way from the midwest after the deep freeze covered the region the past few days, a live look in chicago. forecasters say by early next week it could feel like spring. officials say at least 18 people have died from weather-related instances. one of them, a fed ex worker in western illinois. mike tobin reporting live from chicago. >> hi, shep. you can see behind me, the chicago river, the ice is breaking up because of the thaw. if you get to the sender, you

can see where the tug drove up the center to break up the ice. now ice is a threat. a local river has formed a seven-mile ice dam. it piling up as high as the rivers. the water that is backing up is now threatening to flood homes in the area and that ice jam. homes that are floating are numerous around the midwest right now because pipes are bursting everywhere. they burst at o'hare airport and union station. that happens because you get a chunk of ice in the pipe and expands and breaks the pipe. at the end, shep, we're 52 hours in subzero temperatures. not a record. chicago went to negative 22. also not a record. back to you. >> shepard: cold enough i'm

guessing? >> it felt plenty cold. the town turned into a ghost town. you saw people run by. the town is coming back to life now. >> shepard: thank you, sir. this time in a couple days, some of us will be a few in, waiting for kickoff. as far as the big game goes, experience is the storiline. tom brady going for his sixth ring. and the other guy, of course, you know, bill belichick there at the helm. on the other side, young gun jared goff. on the sidelines, well, some young guy. jonathan serrie reporting. he's live outside mercedes-benz stadium in atlanta. what's up, jonathan? >> hi, shep. that's the question. is the super bowl going to represent a victory for the old guard or a changing of the guard. at 66 years old, bill belichick is one of the oldest coaches in the nfl. at 41, tom brady is the league's oldest quarterback. for nearly two decades, the two

have been one of the most formidable qb-coach partnerships bringing the new england patriots to five super bowl victories. >> we've been together so long and in a great way. i've learned so much from him. you know, i've tried to be what i think a quarterback should be for a team. >> l.a. rams coach sean mcvay is half belichick's age and his quarterback, jared goff is 24. the same age brady was when he won his first super bowl 17 years ago. >> i think we're ready. they have been here four times. have had guys that have won this game and done it the right way. have that knowledge of how to do it the right way. you know, still have to play a game sunday. we'll be ready. >> one super bowl legacy since 9-11 is increased security. the first thing fans will notice is the wide security perimeter

around mercedes benz stadium. norad is using fighter aircraft to protect the skies as they have for every super bowl since 9-11. the faa has declared a no drone zone. that radius will expand 30 miles the evening of the game. fbi says numerous amateur drone pilots have been violating that rule. the agency has confiscated several drones. violators could face criminal charges and fines in excess of $20,000. shep? >> shepard: thanks, jonathan. americans are set to spend a record $6 billion on betting on the super bowl. a lot of the bets won't be on the final score. deidra bolton is here. >> i have some of the more fun bets. don't do this at work, anybody. if you go to this website, bookmaker.eu, you can bet on things like what side will the

super bowl coin toss land on. mixed odds. 103 to 103. will the team that chooses the coin toss be right? appropriately pretty mixed. tony romo, former that's cowboy's quarterback has become a football analyst. some say his calls are so accurate that he obviously in some past games have called plays before they happen. there's this fun twitter meme about people sending tony romo questions like am i going to get married, crystal ball questions. they say he can see into the future. so will tony romo call a play that predicts or predicts a touchdown. so you have betting odds on that. >> shepard: something amount the half time show. >> lots about that. one is since maroon 5 is performing, which hits will they play? "she will be loved" is the runner-up. >> shepard: a lot of love.

>> will adam lavine be shirtless. some fans think that maroon 5 will play "sweet victory", one of the songs performed by the bikini bottomed spongebob. a lot of people looking for that presence. >> shepard: rams or pats? >> i'm going with rams because i have to go with the underdog. >> shepard: i'm going with the rams as well. not for that reason. >> what reason? >> shepard: detest new england. new yorkers, philly, boston. step it. get away. >> yeah. >> shepard: try to save that word for lsu. i only use it for that. >> it applies here, too. >> shepard: all right. >> i'll think of you watching spongebob. >> shepard: we'll be right back. , we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today.

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>> shepard: a united humans right expert will listen to the audio recordings of the murder

of "the washington post" journalist jamal khaishoggi. trey yingst reporting live. >> the united nations investigator on the specific case assigned to the murder of jamal khaishoggi is currently in turkey on a week-long mission searching for answers. u.n. special executions agnes calavart has been assigned to the case and met with intelligence officials. the turkish government will let him listen to an audio reporting of khaishoggi's final moments to provide key details to the investigation. the u.n. has requested access to the saudi consulate where khaishoggi was killed october 2 of last year but has not heard back about the request. speaking with reporters, calavart said she was disappointed with the u.n. team when she was not able to get the information she requested. all of this aligning with the intelligence communities

assessment that the number w1 suspect is saudi arabia. >> this is shepard smith. "your world" with neil cavuto begins right now. >> neil: jobs jumping, the president crowing and the 2020 democratic field growing and growing. how did they plan to keep this economy humming? we dig through the data. you decide if you are feeling that data. welcome, everyone. i'm neil cavuto. this is "your world." i want you to try this number on for size. 304,000. that is how many jobs are added to the economy last month. that was a lot more than anyone thought. continuing a trend that's been going on longer than anybody predicted. try 100 straight months of this. the longest uninterrupted job stretch ever. that's right. ever! so much to get to, set