year or the year before he made this college. this is before they came made pre-lit up. had electronic devices attached turn lights on. rob: too funny. jillian: she did a good job. >> neil gorsuch on "fox & friends." see you later. ♪ you i don't want a lot for christmas ♪ there is just one thing i need ♪ and i don't care about the presents underneath the christmas tree. brian: is that mariah carey? ainsley: never gets old. brian: neither does she she is ageless. ainsley: that's jlo. steve: number one on the billboard shot since the time it debuted. ainsley: this song? steve: yes. all i want for christmas -- come on.

ainsley: is you ♪ steve: how you cannot sing along with that. brian: because i like frosty. ainsley: there she is. was this a video taken when she did the original video, brian? or is this yesterday? you said she is timeless. you can't tell. brian: i can't tell. why test me. brian: is that from the history channel or the hallmark channel. steve: fox news channel. and welcome aboard. ainsley: people are sick are talking about impeachment. they just want some christmas music. brian: you can see some of the anger yesterday when you look around. some of these moderate democrats in trump-won districts are under a lot of pressure to maybe not go along with impeachment or pretend they are evaluating whether to vote for it or not. one of those was alyssa slot kin she said after much deliberation, i will vote for it, here's the reaction.

[chants] >> thrilled to see such great turnout today. let's please let her speak. brian: she voted her conscience. ainsley: in a trump district. only one who actually said he is not going to vote for it is jeff van drew from new jersey. he is the one democrat now contemplating whether or not he wants to be a republican. steve: there is still a little more than a dozen and and a half of the moderate democrats who have not indicated whether or not they would go ahead and vote for that what's interesting about the woman we just detailed from michigan. that is, you know, over the last number of months, she has said, you know what? let the voters decide in 2020 whether or not donald trump should be removed. but she said given the fact that she worked at the nsc and she was a cia officer as well. she says ultimately what she would like to do is go ahead

with impeachment now because of the things that the president has done. then, over the weekend, adam schiff was out in california. and we have some video there as well. and, you know, he has been the face of impeachment in the house. he is pretty much the point man there at the schiff show. and some people who confronted him did not like him called him a liar liar. watch. [crowd booing] [shouting] >> you are a disgrace to the house of representatives. >> liar, liar. brian: to be there to mark the will genocide. they know leading will charge against the president. skirting issues like the fisa applications were brutally flawed and pretending as if he just found out about it. and looking past a lot of

the evidence that's been there. so he is the face of impeachment. it's amazing. this happened in california. jillian: there were scuffles there. no one injured. three police officers trying to break it up. people find out they are going to be at an event. they see that as an opportunity even though it was not about politics. they see that as an opportunity to go and tell them how they feel. brian: isn't it amazing to see in beverly hills? i'm pretty astounded. steve: press reporters have cars. they can drive anywhere. brian: i'm astounding to see it. and beverly hills residents would even have a conservative population. steve: listen, axios did a two hour focus group essentially up in saginaw. they asked 10 voters who had voted for, first of all, they voted for barack obama. and they voted then for donald trump. and they wanted it know whether or not they would support donald trump again and they said absolutely. we are firmly donald trump

supporters. they say they're sick of impeachment and they hate the fact that the democrats are trying to impeach the president. some of the quotes include he has proven what he has promised over and over. let him finish out the last four years? why not? he has done a good job. ainsley: they call it a distraction from the issues that would actually improve their lives. if you look at your 401 k. if you look at the stock market this morning. we are all doing better than we were. steve: record high yesterday. 120th time. ainsley: trade deals, usmca. tax cut. steve: gone up 10,000 points since donald trump was elected president. ainsley: exactly. brian: michael gee says instead of working on policies and things that will help the people, they are just working on basically preserve their own position. they don't really care but and me, i don't think so. i also see this other quote, i think from this guy named chad why. i think she is wasting a lot

of money on a ghost chase, that is nancy pelosi. this is saginaw district to which axios points out is key if you want to find out where the battle ground states are. because, sadly, the way it is new york and california, even though there are republican areas in both states, they are not going to show out. they are going to be focusing on about. ainsley: you look at new york. there are trump districts max rhodes weapons new york and staten island. that area voted for donald trump by 10 points. he won by 10 points in that area. he is going to support -- steve: one of the people at the axios focus group says i like trump's -- i don't give a blank attitude. mark meadows, the congressman from the great state of north carolina says essentially this about what is happening in the house. it all has to do with 2020.

>> the fact of the matter is the president didn't do that the first time and it's their focus groups they continue to go out and get these focus groups and say what can we sell to the american people next. if the american people are concerned about ukraine mettling imeddling in the elect. can i tell you we had three different times that my democrat colleagues voted for impeachment before there was ever an ukraine call. listen, the narrative continues to change. one thing doesn't change. this is all about a political process designed to impugn the president. because they can't beat him at the ballot box. brian: we will see. the senate gets it straight ahead. rules are today. more than likely a vote tomorrow. then we take a break and we come back with the senate trial which will debate a little bit later on. meanwhile i don't have to keep -- this is a well-kept secret on other channels. the stock market is doing exceedingly well. they look at the usmca. look at the benefits of

phase one of the china deal. ains look at that brian. brian: pretty positive especially with retail sales. even manufacturing this holiday season. steve: one of the -- going back to the axios focus group. one person say they credit president trump for making healthcare more affordable. thanks to his republican tax law cut, which they say save them more money in taxes that they can then spend for prescription drugs. but, when you look at the gigantic gains the dow, the s&p, and nasdaq have made as well and think back just a couple of months ago. given what mark meadows just said that they can't beat him 2020. look at that exactly. ainsley: look at what election day on the right and what it was yesterday. steve: up 10,000 points. they can't beat him at the ballot box next year. what are they doing? they are trying to impeach him this time. a couple of months ago, what they were doing, what they were talking about how, you

know it, may be great right now, regarding the economy, but just around the corner, big trouble. here a montage. flashback. >> recession jitters. president trump said to be realitied as economic alarm bells cause a wild week on wall street. >> there are independent carrots that the u.s. could be headed for a recession. >> there are some rough waters ahead, maybe a recession. >> fears of a coming recession spiked on the heels of a key economic indicator. what's called inverted yield curve. >> yield curve has inverted every -- before every u.s. recession since 1955. >> they say recession on hoards. >> recession. >> recession. recession. steve: it was that inverted yield curve that happened for a flash and prompted all those comments. i haven't heard any economists who are talking about a recession now. ainsley: hastings trump is not a political strategy. they have tried to impeach him since the very beginning. for this reason and then this reason and then this

reason. brian: every barbecue talking about the inverted yield curve. never forget it. sure enough i could hear my neighbors the johnsons with the inverted yield curve. enough with the inverted yield curve. steve: i have someone i actually go to picnics with. she texted me last night you know the democrats have been all in on impeaching this president since the very beginning. she said remember how many would not go to the inauguration? how many didn't go to the inauguration? brian: peter morici who talks really fast and wear as bow ty an economist said. this people like paul krugman and the folks you saw there are liberal democrats. they don't like donald trump and the tribe decided to cook up a scenario basically talk the economy down. they were basically letting their politics get in the way of their economics data, reasoning, the history of tax cuts and deregulation were irrelevant to people. the trade deal with china were not a mistake.

only polemically used by liberal economists to basically trash the president. the tariffs on mexico hurt mexico. they didn't hurt the united states. they brought mexico to the negotiating table. and now we are getting a better deal. the reality is his policies do work. steve: the policies do work, according to him. you look at the stock market. you look at how people feel. what do you think, given the fact that we are now at 120 records on the dow? what do you credit that with email us 00 foxnews.com. we're also on facebook. brian: agreed to fund the government. unlike last holiday season the president had to stay home at the white house because there was no money. steve: getting the same amount of money to build the wall than he got last year people aren't talking about it. ainsley: a lot of these conservatives are happy because of justices. we have neil gorsuch coming on the show. steve: first time ever had a sitting member of the u.s.

supreme court. terrific. brian: he will be sitting on our show too. he will not stand. ainsley: he has a new book out. steve: unclear. jillian it, is a dreadful day outside here in the city. jillian: yes, it is. start with extreme weather right now. get you caught up because at least 14 people killed as tornadoes tear through the south. raven, louisiana hit hard by a twister traveled 63 miles. see bricks torn off the church in a storm. mississippi heavy winds damaged homes and overturned cars. northeast bracing for rain, snow and ice during morning rush hour. janice dean tracking it all. hundreds of officers honored detective joseph seales at his wake. the father of five was one of four victims killed in a domestic terror attack. investigators reportedly found -- on the shooter's

body. plan to use them if they were arrested. the attack has been ruled as domestic terrorism. overnight drew brees' legacy settinrecord for career passes. >> will he get it here? >> yes. touchdown pass by 4-0 in the 5-0-4. jillian: breeze completing his 540th breaking peyton manning's record. brees set the record for highest single game completion. throwing just one incompletion. saints pete the colts. beat up on the colts 34-7. wasn't close. brian: 23-0. ainsley: congratulations to him. steve: that's wonderful. brian: i think he joins us every super bowl. i think he will be in the game this year. ainsley: mother and 2 week old baby gone without a trace. where is she? does her fiancee know more

than what he is saying? a forensic psychologist coming up next. >> i don' i don't know where shs at. i don't know if she is suffering. i don't know anything and i can't help -- i'm helpless. and that's the worse feeling in the world. ♪ (loud fan noise) (children playing) ♪ (music building)

experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. with moderate to severe ulcerative colitis or crohn's, your plans can change in minutes. your head wants to do one thing, but your gut says, "not today." if your current treatment isn't working, ask your doctor about entyvio. entyvio acts specifically in the gi tract to prevent an excess of white blood cells from entering and causing damaging inflammation. entyvio has helped many patients achieve long-term relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio.

ask your doctor about the only gi-focused biologic just for ulcerative colitis and crohn's. entyvio. relief and remission within reach.

♪for the holidays you can't beat home sweet home.♪♪ we go the extra mile to bring your holidays home. ♪ steve: fox news alert on this tuesday morning. police are searching for clues in the disappearance of a texas mom and her 2 week old daughter. 33-year-old heidi brassard

was last seen at her son's school tuesday morning when she dropped him off. police believe she and 2 week old baby made it back to their apartment. her fiance, the baby's father, says they were not there when he got home. >> i don't know where she is at. i don't know if she is suffering. i don't know anything. i can't help -- i'm helpless and that's the worst feeling in the world. steve: here with reaction is police and forensic psychologist chris, author of the book "evil thoughts, wicked deeds." thank you for joining us from l.a. >> thank you. steve: a terrible story from what i understand, apparently her cell phone is missing. her keys are missing. everything else is back at the house, right? >> right, right. which is very unusual. very concerning. you know, you would expect a new mother, a new parent with a newborn would not stray far from the home. that certainly any items needed to care for that newborn would be taken or

missing if the person had planned on going some place. but, obviously, investigators have to keep an open mind here because there are situations where people, for a variety of reasons. some to deal with mental state or other dynamics of relationships might voluntarily disappear themselves. that's always hypothesis. there is data here that suggests against that nonetheless, investigators should be looking into that as a possible issue. obviously foul play is the biggest concern here. by somebody close to her. steve: sure. >> or some random stranger. and then, of course, there is the random accident that can happen with a car that's disappeared. but here again it was reported that her car was still at the house. steve: exactly. steve: what's puzzling about it aside from the fact that the car was at the house. the keys are missing, but the diaper bag the 2-year-old baby are missing as well. at this point, it's still a missing person's

investigation, i would imagine, right? >> right. and that's a good thing because from an investigating standpoint, these investigators have to keep an open mind to all possibilities and not become prematurely focused on a theory without evidence. they ignore something that could very well be true. that maybe the person voluntarily disappeared themselves or some random stranger is part of this. steve: sure. >> these, you know, rest assured though these investigators are looking very hard at the issue of relationships. steve: sure. >> of mental issues. and those kind of dynamics in anybody watching that may have information it would be very important. even if it seems insignificant to share that with police. they have an open mind and looking into what really happened. steve: she is described as a great mom but police have no leads and no suspects so far. chris, thank you for joining us with your point of view

today. >> thank you. steve: we will see what happens. keep you posted. out-of-control mega yacht comes slamming into shore. the crash, the docks all caught on camera. somebody is going to lose the security deposit on that. pc police taking aim at neuropathnerpguns. not kidding ♪ ♪ ♪ [ applause ] thank you. it's an honor to tell you that liberty mutual customizes your car insurance so you only pay for what you need. i love you! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

billions of problems. sore gums? bleeding gums? painful flossing?

there's a therabreath for you. therabreath healthy gums oral rinse fights gingivitis and plaque and prevents gum disease for 24 hours. so you can... breathe easy, there's therabreath at walmart. some things are too important to do yourself. ♪ get customized security with 24/7 monitoring from xfinity home.

awarded the best professionally installed system by cnet. simple. easy. awesome. call, click or visit a store today. ♪ ♪ brian: glad you are up and i hope you are dressed. here are your headlines, a new bill mild to south carolina claims the state should cover the expenses for babies born as result of abortion bans woman giving birth against her will is a surrogate for the state. six week abortion ban headed

to the state senate. a bill in new jersey will let illegal immigrants get drivers licenses. i will pause. [cheers] >> i sense there are some illegals in the audience of the supporters celebrating after the bell both chambers. governor murphy signed it into law. best of luck, new jersey. hundreds of immigrants lined up to apply for licenses after new york passed a similar law. now down to ainsley at another location. ainsley: thank you, brian. childhood favorite for decades. demanding hasbro remove what they call assault style nerf guns from product line. empire state consumer project writing in a letter to hasbro how does promoting play with huge automatic weapons create joy. creative and connection around the world and across generations and make the world a better place for children? mom of three and a frequent guest on our show, barbara is here to react. good morning, barbara.

>> good morning. ainsley: you have two boys and a daughter. are you going to now say no more nerf guns in the house. >> absolutely not. i don't think this is a systematic of the problem with mass shooters. i think nerf guns are fun. everybody loves playing with them. i can think of nothing better to get my kids off the screen than one of these great nerf guns. 25 little pellets in there. are you kidding me? they will have a great time. we are barking up the wrong tree and looking in the wrong direction for solving the problem with mass shooters. ainsley: they are foam darts. >> 25 at once. i think that sounds like a lot of fun to me. ainsley: what do you say to this organization because they are saying that neuropathy is contributing to a culture where kids are afraid to go to school because of school shootings? >> i think it's not on the same playing field. i don't think we are talking about the same thing. i think that reason why kids are afraid to go to school because of mass shootings has nothing to do with a nerf gun. they need to be focusing their energy in other

directions. it's not the nerf gun. ainsley: when you look at mass shooters what is the problem? do they all share a personality trait. >> 100 percent. has nothing to do with growing up playing cops and robbers with their friends. it has more to do with mental health and mental illness. i think we are crossing lines and it is not making a lot of sense. we need to be focusing towards mental health and raising our kids. more columns in how they deal with each other socially. like their interpersonal skills are more systemic of what leads to mass shootings than playing cops and robbers and good guy, bad guy, military style fun games. ainsley: do you let your kids play with the nerf guns? >> absolutely. i'm going to get all my kids nerf guns. we will play and get off our screens and laugh and have fun. biggest problem you have with the nerf gun it hits your eyeball or lodged between the cushions of your couches. ainsley: thank you so much for weighing in. we did reach out to hasbro and we have not herd back. thank you.

>> senator mitch mcconnell working with the white house on possible impeachment trial. that's not what he said. want to eat dinner like buddy the elf? >> yum. ainsley: gross. janice and her family actually did that they take us inside the elf inspired hotel suite coming up. >> jauch. >> santa claus is coming to town. ♪ santa claus is coming to town. ♪ santa claus is coming to town ♪ he's making a list ♪ checking it twice ♪ gonna find out who is let's be honest,

quitting smoking is freaking hard. like quitting every monday hard. quitting feels so big. so, try making it smaller. and you'll be surprised at how easily starting small... ...can lead to something big. start stopping with nicorette

>> we are back with a fox news alert. a massive manhunt is underway for a 14-year-old suspect suspected of killing college student tessa majors here in new york city.

brian: he reportedly jumped out of a car as an adult drove him to meet with police. ainsley: todd piro joins us live as the search is ramping up. todd, what is this about? what happened? >> steve, ainsley and brian, good morning. right now the nypd scouring the city for any sign of this 14-year-old. someone they have been trying to find since the murder and who they say apparently they were about to talk. to say that teen and adult headed to talk with cops yesterday. he jumped out of the car. the 14-year-old we have been reporting, is the one that stabbed tessa majors to death last wednesday. a group of teen suspected allegedly grabbed the barnard college freshman at new york city park, put her in a chokehold and killed her. in what police are call ago botched muggy. in the days since in the outpouring for majors musician and inaspiring journalist in that area in the park where she was killed. 13-year-old has already been charged with murder in this

case. another 14-year-old was arrested but later released. we have been following the story for you since it happened. we will keep you posted as new developments come in. back to you. steve: that had that little manhunt. they still haven't found the guy. >> they haven't found him. what's interesting they seem to know who this person is just talking with people on the street. it's curious that they haven't been able to close this case in a pretty circumspect area. it's not like they are going throughout the entire tri-state area. one area morning side park. ainsley: a earth that of time. i'm sure they will find out where he is. steve: on surveillance camera and they had the tape. todd, thank you very much. 27 minutes before the top of the hour jillian joins us and have you more news. jillian: that's right. get you caught up starting with. this hundreds of friends, family and service members say goodbye to the sailor killed in the pensacola navy base attack. cammeron scott walters was just 21 years old. >> pensacola was his first assignment as a young airman

apprentice in the navy. he was so proud, so proud to serve his country. jillian: an american flag seen draped over his casket. he and two others killed when a saudi gunman opened fire on the base earlier this month. a british. three men broke into the home of tamara hours after she and her family left on a christmas vacation. no arrests have been made. her dad former formula 1 chief thinks the heist was an inside job. a massive mega yacht makes a not so grand entrance in the caribbean. look at this. well, that's not good. 282-foot, 75-million-dollar yacht as you can see just smashing into a dock in

saint martin and ripping it into shreds. windy conditions likely caused the captain to lose control. no one was hurt. talk about paw patrol. that adorable pickup is gordon, the english mastiff and gentle giant likes to wait patiently with humans. he sits until both sisters are on the bus and doors closed before he runs back home in michigan. gordon's owner says he stands watch every single morning. ainsley: i think that's a horse. it's not a dog. brian: it's a big dog. ainsley: almost as big as rocky and apollo. steve: thank you so much, jillian. ainsley: christmas sarnsd the corner here in new york city club wyndham i is inviting you to spend this season just like buddy the elf entire suite inspired by popular christmas movie. brian: janice and her family are big fans and they got the chance to check it out. janice? janice: hi.

let's just go to the package. go. >> first, we will make snow angels for two hours and go ice skating and whole roll of cookie doe as fast as we can. >> and then elf. ♪ janice: oh my goodness. >> look at all the presents. janice: can i jump on the bed? lafayette. >> even the bathroom is spectacular. >> i like to smile. janice: smiling is my favorite. [laughter] ♪ ♪ janice: that's awesome, theodore, it will go perfect

right up there. >> oh my gosh. >> the exact same as buddy uses in the movie. >> original. >> we elfs try to stick to the four main food groups. candy cane, candy corn, and syrup. candy. >> can i have one? >> okay. janice: are you ready for spaghetti? >> let me take over. janice: okay. >> you like sugar, huh? >> who else want maple syrup. >> i do. >> i like chocolate syrup. >> wishes do come true. ♪ janice: delicious. >> you sit on a throne of lies. janice: that's your dinner guys.

>> what's for dinner? >> guess what? mom made snow. >> are you guys having fun? >> yes. janice: want to stay here for christmas? >> yes. [laughter] ainsley: i can't believe you ate it. janice: of course. ainsley: what did it taste like? janice: it tasted terrible. have you all seen the movie? steve: a million times. janice: everybody tried it and we watched the movie beforehand elf inspired hotel was fantastic. that's the first time my whole family has been on camera. do you know how much it took for my husband to be on camera? he doesn't like it. one of your sons looking at the etch and sketch. look the original ipad. ainsley: all that chocolate in the refrigerator. that's what they do. all candy. nothing else but candy. brian: funny which when james caan was asked. never met will farrell. what's wrong with this guy a little over the top. when you watched it back you see how great he is. janice: so great and broke james caan in the movie.

it was written about that he lost it a couple times laughing at him. it's such a great holiday movie to see with your kids and thank you "fox & friends" for bringing wonderful. ainsley: i love will farrell. >> they expect to have spaghetti and candy every morning. brian: i don't blame them. can't wait to see what movie do you next year. janice: i'm ready. steve: janice dean the elf machine. brian: cool. janice: merry christmas. ainsley: you have a beautiful family. janice: thank you. steve: mitch mcconnell slammed for working with the white house on possible impeachment trial coordination. >> he spoke publicly about what a trial may look like and said he was taking his cues from the white house. it was very partisan. brian: what did he say 20 years ago? what does the judge think? and what was the judge doing 20 years ago? steve: here comes the judge. >> hello, judge. ♪ ♪ so hard to see

♪ come together ♪ right now ♪ ♪ ♪

when you're not able to smile, you become closed off. having to live with bad teeth for so long was extremely depressing. now, i know how happy i am. there was all the feeling good about myself that i missed and all of the feeling bad about myself that was unnecessary. at aspen dental, we're all about yes. like yes to free exams and x-rays for new patients without insurance. yes to flexible hours and payment options. and yes, whenever you're ready to get started, we are too. don't wait, book at aspendental.com or call today. a general dentistry office.

at chevy, we're all about bringing families together. this time of year, that's really important. so we're making it easier than ever to become part of our family. that's why our chevy employee discount is now available to everyone. the chevy price you pay is what we pay. not a cent more. family is important to us. and we want you to be part of ours. so happy holidays. and welcome to the family. all: the chevy family! get the chevy employee discount for everyone today.

jillian: good morning, welcome back. quick headlines now. you can get coca cola products dliferld straight to your door. offering a subscription service three dollars a month. three coke products. some of them are not even available in stores. service is sold out but there is a wait list. and popeyes may soon have a wait list for one day a week position. how about this? fast food joint posting classified adds for chicken sandwich professionals to work sundays only. appear to be a knock at chick if i slay which is closed on sundays. ainsley: democrats pushing towards impeachment pushing for a trial in the senate. blasting mitch mcconnell he's demands to include his own hand-picked witnesses.

>> i haven't seen a single good argument about why these witnesses shouldn't testify. i told leader mcconnell i was ready to discuss trial rules. instead of talking to me, he spoke publicly about what a trial may look like. and said he was taking his cues from the white house. it was very partisan. very slanted. very unfair. steve: sounds like the house. schumer was saying something completely different during bill clinton's impeachment. let's get in the way back machine chuck schumer 19999. >> any fair process would be consulting the white house because it's the president who is the defendant and due process would guarantee him fairness. it seems to me that no good case has been made for witnesses. what we ought to be doing instead of this is doing what the american people want us to do, which is make the schools better and

preserve social security and reign in the hmos. >> let's make schools better and reign in the hmos. here to weigh in hos host of liberty files. judge andrew napolitano. >> they will all be making arguments depending on how thethey have this end. brian: does he have a vcr. >> he should have realized what he said. same thing on the other side. when the bill clinton impeachment trial doing air quotes for trial took place it wasn't really a trial, witnesses didn't testify. lawyers read summaries of what the witnesses had told either a grand jury or the house judiciary committee. the republicans controlled the senate at the time and the vote, of course, was 50 to 49 to 1 and the president was acquitted. one of the prosecutors at the time. who aggressively wanted a trial, was a young congressman from south carolina named lindsey graham.

today he is senator lindsey graham. a major player on the committee. he does not want a trial today. he wants to have the chief justice review the evidence, have the president's lawyers make a motion to dismiss and have the senate vote on whether or not should be dismissed. answerren. brian: sham the last one was. >> the president wants a trial. he wants to be vindicated on the merits not on somewhat will be perceived as political or legal maneuver. steve: it's all political as it was in the house. >> it is all political. steve: schumer said any fair process would be consulting with the white house. he is angry that mitch mcconnell is consulting with the white house. and he also wants to call some witnesses like acting white house chief of staff mic mulvaney, john bolton, a couple of aides. that should have been adam schiff. adam schiff should have said, okay. we're going to wait and challenge this through the courts. we will let it run its course. they were in a big hurry.

judge: it would be unusual for someone to testify for or against the president in the senate. who did not testify before either the intelligence or judiciary committees. this doesn't work the way ordinary trials do. brian: how is it going to work? what do you think is going to happen? >> one or two things is going to happen. either the lindsey graham model which means it will be over with in a day because there isn't the consensus amongst two thirds of the senators to convict him. so why waste the time. or the president will provail. i'm not saying the president is going to testify. but the president wants a vindication on the merits. brian: will judge roberts weigh in and say this is too quick? you are not doing your job, senate. >> this is very unusual, brian. he is the chief justice of the united states. is he going to be making rulings. the jurors can overrule him. the jurors. brian: doesn't say we don't have 51 votes for anything. >> don't have 51 votes for anything. a lot of it is going to ride on the sense of fairness and dignity and intellect.

ainsley: is all of this going to happen in january? >> it will happen pretty soon. steve: this is not judicial. it is political. >> one area that is differ. in the house they can vote to impeach because their conscience tells them or political gut tells them they have the votes to do it and think the president is unworthy of office. in the senate they take an oath to vote only on the basis of the evidence and not on politics or any other external. ainsley: please. they will still vote on politics. >> oath is required by the con stiewtion. we will see how seriously they take that oath. each one of them takes it individually. steve: all right. stay tuned. >> all right. >> we have a lot to watch in the coming months. brian: i'm busy. i have got to do shopping. [laughter] >> how about eli, brian, what an ending. brian: i think he goes to another team. >> i think so too. another career. steve: there is the judge. he just really wanted to do sports. [laughter] brian: is he a basketball

legend known as a human highlight machine. how dominic wilkins is playing for a brand new team that's arguably more important, the yang gang and he is also really going to bat for autism. he will explain why in just a moment. the hall of famer coming our direction ♪ ho me and my gang. >> how are you? ♪ me and my gang ♪ do you have concerns about mild memory loss related to aging? prevagen is the number one pharmacist-recommended memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life.

induction to the basketball hall of fame. dominique wilkins hand a brand new team the weijia jianwanggang.

the two even played hoops just three weeks ago. and joining us now hall of famer himself human highlight film dominique wilkins and ambassador for a program you will love. ambassador for culture city. gait to he so you dominique. you look in fantastic shape. >> thank you. brian: how is your game. >> people ask me all the time can i still dunk? i say of course. >> i need a week to warm up i only dunk on fridays. brian: a lot of people can't do it once and you made it look easy. you have two children with special needs now adults. how did that change who you are? >> you know, it made me more of a parent. because, you know, i spent my whole career traveling a lot. so, a lot of times i missed out on my kids, you know, for years. so when two of my kids, you know, i found out they had some sensory needs. i had to find a way to help

them have a quality of life. i was really in tuned and involved in their life early on in trying to find those options on. brian: flutie was on friday he has a son with autism. he said it's changed his wife and approach. and that's now out again. you have culture city. tell me about culture city what you are holding. >> culture city is a sensory inclusion charity that helps people with sensory needs. we have over 600 venues where we have quiet rooms where people, if they have an episode where they can go to these quiet rooms and calm down so they can, you know, come back into a game or whatever atmosphere they may be in. brian: you would say your daughter would never want to go to this because it would be too loud and disoriented and now you have what for them? >> we have rooms we go to and bags sensory inclusion bags. noise canceling headphones, a card in there to show that they can point to the card

and say feeling a certain way. they can calm down. we have trained professionals in there that know how to deal with people dealing with these needs. brian: one in 5 children are diagnosed with autism. some place on the spectrum. when you came out as somebody who is literally world famous and say i have this problem. what was the reaction? >> it was very positive. i mean, you wouldn't believe how it's exploded. culture city has become a household name because of what we bring to people. and we bring a very big educational tool. because a lot of the times people don't know really what autism is. and how people are affected by it. so, we have trained professionals that train other people to deal with autism and use big venues. brian: i was doing this veterans event the first time. at the end of the day, they were closing up the tables. and they would be closing the tables and make the bang noise. and almost all of them would hit the ground. you see the same thing with sometimes pds wit ptsd with veterans. >> we had a veteran came to

the game. had episode. go to this quiet room and calm down and come back to the game. he said that was one of the first times that he ever felt since the war he felt like he was a part of society again. and so that was very important for us. brian: when it comes to politics, andrew yang is your guy. he has the young vote. going to be on the stage again. doesn't wear a tie what do you like about andrew yang. >> we have a lot in common. everything with being a parent and being a loved one. as far as healthcare. i'm big on healthcare as far as mental health and diabetes, hypertension and all these things very close and near and dear to my heart. a lot of those things we share together. we just had a good time playing a little game of basketball. brian: dom dominique great to see you. you came in the era of michael jordan and patrick ewing and elijah. you can argue best ear wrath basketball ever had. >> i think it speaks for

itself. brian: thank you. it's great what you are doing. incredible show still coming your way. supreme court justice neil gorsuch a rare interview live. kellyanne conway will be here and stuart varney. you know who they are. ♪ ♪ ♪go your own way copd tries to say go this way i say i'll go my own way with anoro. ♪go your own way once-daily anoro contains two medicines called bronchodilators that work together to significantly improve lung function all day and all night. do not use anoro if you have asthma. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than once a day. tell your doctor if you a heart condition, high blood pressure, glaucoma, prostate, bladder or urinary problems. these may worsen with anoro. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. the most common side effects are sore throat, diarrhea and pain in the arms and legs.

ask your doctor about once-daily anoro to start treating your copd. ♪go your own way save at anoro.com

when we were looking he wanted someone super quiet. yeah, and he wanted someone to help out with chores. so, we got jean-pierre. but one thing we could both agree on was getting geico to help with renters insurance. ♪ yeah, geico did make it easy to switch and save. ♪ oh no. there's a wall there now. that's too bad. visit geico.com and see how easy saving on renters insurance can be. if your glasses aren't so will we. no we won't. don't forget to use your vision benefits before they're gone. now in-network with vsp. visionworks. see the difference.

♪ run, run rudolph brian: they sing christmas songs country style. i told you. steve: they do indeed. ainsley: you need to come down sixth avenue between 47th and 48th and you will see that red, white and blue tree. and you can do #fox all-american christmas. steve: that's right. ainsley: you can go and see all the pictures online. brian: first ever red, white and blue tree. steve: first ever tree we have had on fox square. brian: i think it's the first ever. ainsley: there are a lot of veterans out there. i'm sure they have red, white and blue trees. steve: we have a red, white

and blue tree at our hours we have for years. you will see a picture of it on friday when you go to my house. some of the people who use the #or took a picture in front of our tree fox all-american christmas include take a look at this. group of ladies who stopped by yesterday, framed by the nutcrackers and red, white and blue. ainsley: i think i met them. ainsley: the whole family come in. they are beautiful. brian: karen, pat and robin also posing for a christmas picture. keep the bells going steve: check out spencer and ashley here in front of our tree. keep sending us your all-american christmas tree pictures. #fox all-american christmas. let's go from all-american christmas to all-american impeachment, that's right. going on, it looks as if they are going to take they are establishing the rules in the house. figuring it out. keep in mind the deck is stacked against the

republicans. locks like debate on the floor of the house tomorrow. there is going to be a big vote tomorrow night. then they are going to name the impeachment managers in the house. and next stop it will be the u.s. senate. however, we have already heard from chuck schumer who is in the minority. a democrat leader there he does not like the fact that mitch mcconnell has k50rd nateed or spoken with the white house. he also now, mr. schumer does, he want a bunch of people who were not called by adam schiff and nancy pelosi. he wants them in the senate show. ainsley: listen. >> i haven't seen a single good argument about why these witnesses shouldn't testify. i told leader mcconnell i was ready to discuss trial rules. instead of talking to me, he spoke publicly about what a trial may look like. and said he was taking his cues from the white house. it was very partisan. very slanted. and very unfair.

brian: wow, by the way, stephanie grisham tweeted out after this hope the fairness will prevail after dems impeachment report in the middle of the night. thankfully the people of this country continue to seat partisan sham that it is. something tells me could have waited one day. is he meeting with mitch mcconnell today. instead i have got to tell everybody how unfair the process is. he doesn't even know what the process is. steve: is he negotiating. brian: why don't you wait it will today? ainsley: keep in mind he just said he doesn't like the fact that mitch mcconnell is working with the white house. steve: right. ainsley: back in 1999, listen to what he said. >> any fair process would be consulting the white house it's the president is the defendant then due process would guarantee him more fairness. it seems to me no good case has been made for witnesses. what we ought to be doing instead of this is doing what the american people want us to do, which is make this fair and preserve social security and reign in the h mos.

ainsley: let's work with the white house. steve: take a look at the polls. the polls have turned south for the democrats regarding impeachment. brian: not in our poll. our poll says 50% want it. ticked up. on other polls the q poll and marist pool changing a little bit. steve: if you do look in our poll and examine the people who responded to it because they talked to a thousand registered voters. i think something like 7, 8, 9% more democrats. more people voting in the democratic primary than in the republican primary. so perhaps that speaks for the demographic. look at the focus group in saginaw, michigan. people are steamed that the democrats are going through with this. brian: other thing is report too. you will not believe this. hold on tight to something. the houses they are going to continue to investigate even after the senate votes on impeachment do you believe this? they are going to have

ongoing impeachment investigation for as long as donald trump is in the white house. steve: in case he sur vice. ainsley: 31 democrats that only one of them has said in the house that he will not vote to impeach that's jeff van drew, of the one from new jersey thinking about becoming a republican because he is fed up with what's happening in the democratic party. one of the democrats who says she will -- she has just decided she is going to vote to impeach. alyssa slotkin, here she is, she represents michigan. here she is speaking to a rowdy crowd telling them she is going to vote to impeach and the voters aren't happy. >> keep trump impeach slotkin >> keep trump impeach slotkin >> keep trump impeach slotkin >> wow, i'm thrilled to see such a great turnout today. but, please, please let her speak. steve: she says she knows people won't agree with her particular point of view.

that was a district that did go for donald trump. she said at one point i'm going to disagree with my constituents who believe that a coup is taking place. she said there may be some bad eggs in the intel organizations like the fbi. that does not mean they are tainted. she says even though a couple of month ago she thought trump if he is going to be removed by the voters. what he has done she has got to go ahead and vote. ainsley: she acted for his own political gain. she made the decision out of principle. stick to her decision regardless of what it does to her politically. brian: other big rally took place. adam schiff thought he had a good idea. stand up for the armenian genocide vote not taken up this last session. so he said he is going to go to beverly hills. going to be greeted like the conquering hero. look what he was greeted with. a lot of anger and people chanting liar in beverly hills, california.

i never get primary opponent. i don't think he has a republican opponent this year. listen to how well you are beginning to listen. listen to what the volume all the way up. [chanting liar] [boos] you are a disgrace to the house of representatives. [chanting liar] >> screaming liar. screaming don't impeach. one of the signs say don't impeach her. accusing adam schiff of treason. there were three police officers and had to break up the scuffle. brian: a lot horowitz report comes out. vindicated condemned by adam schiff. devin nunes came out with this crazy thought that there is something wrong with the fisa report that inaccurate information in it. and adam schiff says that's categorically wrong and maybe possibly not being as candid as you would think on sunday when he said two years ago i didn't know that

really? not people are buying that maybe in beverly hills there will be a big push to elect a republican. steve: well, here what is what it ultimately comes down to. will the president of the united states be removed by this impeachment process? the answer is absolutely not. he will be impeached by the house of representatives as we know. they have have enough votes. democratic votes in the house. but when it goes to the senate, you need 67. and unless there is some crazy smoking gun that nobody knows about right now. there simply are not the votes there. that means it's simply political. they are trying to sully the president. give him a bloody nose before november 2020. all politics. bribe brian just be aware of this. going into this process, the goal was to get a lot of republicans. the fact that the goal is to keep democrats shows the goal post has moved. "the washington post" and "new york times" move with it. hold tight except jeff van drew. the goal was to get 30 republicans or more like the

parties that jumped ship on the clinton impeachment. steve: brian it, all comes down from the early report from the "new york times" and "the washington post" says there is a whistleblower who heard of the call that the president made. there was quid pro quo, the president made crazy promises to the guy who is running ukraine in the congratulatory phone call. then they released the transcript and that stuff wasn't there and the people who were in the republican party who might have been on the fence go wait a minute. that's not impeachable. ainsley: all right. remember a few weeks ago when one of the burris thats at star remember getting doused with the water and cops getting hit in the heads with buckets and things like that. what happened to respecting the badge?

ainsley: now starbucks employees are refusing to serve the sheriff's deputies. bill barr attorney general wrote this powerful op-ed in the "new york post." and the headline says "rising disrespect for cops not only wrong, it puts us in danger." he goes on to write "serving as a cop in america is even harder." comes down to respect. respect for men and women in blue is putting their lives on the line for the rest of us. here is the stark reality. without a serious reality men and women in blue there won't be enough police officers to protect us. brian: guess how are going to call? biggest critics call the cops the quickest when they need the help. they are not going to be there because they are going to be working overtime or going to have to cut down their staffs. i wonder what's going on at starbucks? this is something -- instead of being it just happened to be starbucks it. seems to be somewhat of a trend. maybe there is an anti law enforcement cradle that's

going through that organization that needs. what about an emergency session to be culturally aware how you are treating law enforcement. didn't they do that before? steve: they did have one day where they were closed and they did do sensitivity training. brian: racial sensitivity. what about law enforcement sensitivity training. shut the doors take your aprons and sit down and learn? steve: bill barr, can you read it on the pages of new york post.com. it's really powerful. he is standing up for the cops. he is a top law enforcement officer in the united states. it's a great read. check this out. brian: by the way. that's where it's got to come from. get everybody's attention. awesome he did that. ainsley: hand it over to jillian. brian: bill barr is going to be on with martha mccallum tonight. it will be great. >> start off some of the headlines with this. american pilot is detained in hong kong accused of carrying a gun in the airport.

had just landed a united airlines plane at hong kong airport when customs agents reportedly found the weapon. the kansas city man is a former navy pilot. it's up clear why he would be carrying a gun. reaching out to united aerials to comment. the fbi joins the search for a missing mother and her 2 week old daughter in austin, texas. heidi broussard vanished with her baby after dropping her son off at school. no suspects have been named. earlier forensic psychologist chris joined us saying investigators have to keep an open mind. >> there are situations where people for a variety of reasons, some to deal with mental state or other dynamics of relationships might voluntarily disappear. obviously foul play is the biggest concern here by somebody close to her. or some random stranger. >> broussard and her daughter haven't been seen since thursday. a mortgage company raises the bar for parties.

celebrating a record year performances by the chain smokers and raffling off 13 new cadillacs and 30 free crews for the bahamas. united tour says it saw business more than double in 2019. the company plans to hire 2,000 employees next year. they say no experience is necessary. you just need a good attitude. ainsley: i'm loving these stories. bonuses, the cars? steve: tomorrow the "fox & friends" party at the bowling alley. ainsley: i'm so excited. steve: gutter ball. brian: 13 mention after the hour. steve: supporters cheering after one state approves drivers licenses for people in the country illegally. [cheers] the acting department of homeland security secretary chad wolf says this buts law-abiding citizen at risk why? he will explain that next. ainsley: new battle in the shipping wars. amazon blocking sellers from

shipping with fedex. what this could mean for your christmas package, brian. brian: might not be a christmas. ♪ have a cup of cheer ♪ have a holly jolly christmas ♪ and when you walk down the street ♪ say hello to friends you know ♪ and everyone you meet ♪ with the united explorer card, i get rewarded wherever i go. going out for a bite. rewarded. going new places. anytime. rewarded! learn more at the explorer card dot com. seaonly abreva cany to help sget rid of it in... ...as little as 2 1/2 days when used at the first sign. abreva starts to work immediately to block the virus and protect healthy cells. abreva acts on it. so you can too.

i feelbusiness cards...new logo...outdoor sign. you always get me. get free next business day shipping or ...1 hour in-store pick up. shopping season solved at office depot officemax ...or officedepot.com. same time next week. yes! where we can find common ground... big enough to dance on. for a better us, donate to your local y today.

[cheers and applause] steve: people in new jersey cheering as a bill allowing illegals to get drivers licenses pass the state legislature in trenton, new jersey. in a sign of what is to come illegals in new york lining up to apply for licenses after its own law, green light law went into effect yesterday. homeland security warning the restrict them from investigating crimes and puts law-abiding citizen in danger. here with more acting dhs secretary chad wolf. good morning to you. >> good morning, steve. steve: how does this put us in danger. >> sure. there is a provision of this law that is very troubling. can restricts dhs access to

that dmv area. this is officers investigating crimes, building cases, looking at suspects that are not going to have data to do their job. investigating terrorism cases. human smuggling cases, child pornography cases and the like. and now as they do that, they are not going to have that dmv data to build their case and make their communities safer to ensure the safety of the officers themselves. it's very troubling and similar to what we see with vaccination area policies around the country that again are not protecting the communities and the law enforcement officers trying to do their job. steve: chad, the new york lawmakers when they wrote the law they specifically wanted to have you keep your hands off their data, correct? >> that's correct. steve: why do you think that is? >> again, i think what we are doing is playing politics with public safety. that's really concerning from a homeland protecting the homeland perspective. making sure that dhs law enforcement officers have the data and the tools that they need to protect their

communities. again what we are seeing here particularly with this law doesn't provide the date to do that. investigating and doing their job, they will not have relevant data to make sure they can do that adequately. putting politics above public safety, national security, and securing the homeland. that's troubling and something that i have been talking about and will continue to talk about. >> in the state i live n new jersey yesterday. lawmakers approved a law, where illegals will be able to get drivers licenses. one of the things that proponents of that said was that from now on, you know, at least the people who are driving will have drivers licenses, which mean theoretically they know how to drive a car. because you have got to pass the test and you know what the laws are. and you will have insurance. those are two good things. >> right. they are. they are. again, from dhs's perspective i would say that any time we reward illegal behavior, illegal activity, that's problematic for us.

and what we have seen, particularly on the border. that encourages more populations more individuals to come here illegally which puts a larger strain on dhs's capabilities to secure that border and the like. i'm concerned at least from a law enforcement perspective anything we are doing that's rewarding that illegal behavior. steve: you feel it becomes a magnet. hey, i can get a driver's license in new jersey. let's go. >> absolutely. steve: all right. interesting stuff. chad wolf, the acting secretary at the department of homeland security. thank you very much, sir, for joining us live. >> thank you. steve: 7:21 now in new york city. ahead of christmas. tunnel 2 towers is giving away 24 homes in 24 days to some of the most deserving families in the nation. ceo frank silver is here to announce the next family of fallen police officer getting a mortgage-free home. we'll be right back. ♪ ♪

(loud fan noise) (children playing) ♪ (music building) experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. a peaceful night sleep without only imagine... frequent heartburn waking him up. now that dream is a reality. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?

[ drathis holiday... ahhhhh!!! -ahhhhh!!! a distant friend returns... elliott. you came back! and while lots of things have changed... wooooah! -woah! it's called the internet. some things haven't. get ready for a reunion 3 million light years in the making. woohoo! -yeah!

♪ >> 3, 2, 1. ignition. liftoff. ainsley: it is time now for news by the numbers. first, 13. that is how many rockets spacex has launched so far this year. the company sent a communication satellite into space from cape canaveral last night. next 836 that's how many votes were just found in a missing ballot box that could change the results of a very close $600 million bond election to build new high schools in midland, texas. and finally, 2 out of 5. that is how many americans online shop and drive at the same time. a new insurance survey says that number is up by 4% compared to last year. brian: i hope that was a model. was that actually happening?

ainsley: amazon. >> get this in the spirit of christmas. the tunnel to towers foundation is giving away 24 homes in 24 days to gold star families during their season of hope this campaign. steve: today they are celebrating the 17th home given away as they paid off the mortgage for the family of fallen fort worth texas police officer garrett hall killed in the line of duty last september. ainsley: joining us now is tunnel 2 towers ceo frank siller and the widow of frank hall sabrina hall. ainsley: tell us what happened to your husband a year ago. >> in september of 2018, he was helping get some bad guys that were doing armed robberies all over the fort worth area and there was a shootout and unfortunately my husband was killed in the line of duty that night. steve: there had been a string of robberies, right? >> 17. steve: he was part of the special response team. they had a tip.

they went in. there were the bad guys. >> yeah. it was active scene. ainsley: did they catch the suspect? >> they did. they did. the one that was in the gun fight with my husband was also killed. and then the other two are currently awaiting trial. brian: what's the last year been like for you? >> horrific. but also amazing. because i have seen so much good come out of so much horrible. it's been exhausting. learning to be again, has been -- steve: when did you find out that frank's organization was going to pay off your mortgage? >> it was shortly after. so it was pretty much the beginning of october i was literally sitting at my husband's grave site when frank called to tell me that they were going to pay off our mortgage and i told frank, i said, you know, it's a thing that none of us talk about but when you are in the hospital and you are just coming to grips with the idea that you just lost

someone in your life, the other thing that goes through your mind that nobody talks about how am i going to do this? garrett was our main source of income. two daughters. how am i going to keep our home? how am i going to pay the bills? what am i going to do? when frank called like i have no words for the gratitude i feel. ainsley: how did it change your life? >> well, i was able to give my children the normalcy that -- your life changes in a minute when you get that doorbell and those officers are at your door. so i was able to give them at least something that they always knew. and it does. it changes your life in ways. because then you also realize how much good is out there. because it takes people donating to this foundation to do that. the numbers, what a mortgage cost. that means there are a lot of people that care. brian: frank, what does it feel like to make that call? >> just listening to sabrina

here and i didn't know she was at her husband's grave site when i was speaking to her. and we know the difference it makes in their lives. biggest, biggest expense that anyone is going to have is their mortgage payment. this is a real relief. people donating and that are helping us, you can see where the money is going you could see you are making a big difference in these families who paid such a big price for our country. so, sabrina, this is your paid mortgage here today. >> really love you all. >> viewers from "fox & friends" and fox in general and most certainly rush limbaugh. i'm wearing another one of his shirts. steve: betsy ross. >> donating $5 million and still going. brian: still going. >> still going. this is why we were able to do in the season of hope, 24 homes in 24 days to relieve the mortgages or give mortgage free homes. ainsley: if you buy something on his website that goes to folds of honor. t-shirt. i know he has other gear on

there you can give that item. you can give that item to your loved one for christmas so you have a christmas gift but you are also helping families like this. >> rush limbaugh.com. and the proceeds of these stand up for betsy ross shirt is coming to tunnel to tu2 towers. plus i always ask for $11 a month. go to tunnel 2 towers.org and these can help families like these. steve: check it out fox nation.com. sabrina thank you for coming and telling us your story and how they changed your life and so important. >> we are heading from here. we are going to the funeral mass for detective seals. five kids. five beautiful children. and i was with the widow last night. it doesn't stop. it just does not stop. we have to take care of these families. brian: absolutely. you are doing it. thanks, frank. remember when the media

predicted the economy was going to collapse? >> maybe a recession. >> fears of a coming recession. >> they say potential recession on the horizon. >> recession. >> recession. >> recession. ainsley: the stock market just hit a new record. stuart varney says it will be even better in 2020 and he is here live ♪ (little boy) he's coming!

(make-a-wish volunteer) ok, he's coming, c'mon c'mon... here we go... ♪ (little santa) somali...alika? (little santa) where's kiara? (little santa) i got this for you. (vo) when you grant a child's wish, you change lives. (vo) you can choose make-a-wish to get two hundred and fifty dollars from subaru when you get a new subaru. (vo 2) get 0.9% during the subaru share the love event.

it's laundry truths, with cat and nat. i have so many kids and so much laundry. i don't have time for pretreating. what even is this? it looks like cheese but it smells like barf. with tide pods, you don't need to worry. the pre-treaters are built in. so you just toss them in before the clothes. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide.

♪ >> we have had a very big day in the stock market today as you know. it will be 133 days where we set a new record and that's fantastic. our jobs numbers are coming fantastically well. more people are working today in the united states than at any time ever in our history. we are almost up to 160 million people wh. we have never been close. that's something really good.

brian: let's bring in stuart varney host of varney and company begins at 9:00 and ends at noon on the fox business channel network. first off, this does not surprise you but what a difference a year makes. the holidays we are on a roll. >> what a difference a few months make. back in august of this year, the pundits, some economists some in the media predicting we are going to go into a recession. they wanted us to go into a recession. they talked tum. you remember the inverted yield curve? ainsley: yeah. >> all of a sudden armchair experts on interest rates. steve: we have been listening to you. we assembled the montage. are you talking about this watch the flashback. >> recession jitters. alarm bells cause a wild week on wall street. >> there are indicators that the u.s. could be headed for a recession. >> there are some rough waters ahead, maybe a recession. >> fears of a coming recession spike on the heels

of a key economic indicator called inverted yield curve. >> yield curve has inverted before every u.s. recession since 1955. >> they say recession on the horizon. >> recession. >> recession. steve: historically if the economy is doing well, presidents get reelected. so where did that come from? >> they didn't want the president to be reelected. they wanted a recession. they wanted a poor economic performance so mr. trump would be beaten. let's get real for a moment. next year we will have 2% growth. that comes on top of 10 years worth of growth already and a strong performance already from the trump economy. growth next year. we have had 120 stock market record highs. 10,000 points up of the dow jones industrial average. new trade deal with china. talk of a new trade deal with the british. add it all up, you still got economic growth, super low unemployment, and absolutely

no recession. brian: we're not going to have a government shut down like last year. >> no, we aren't. brian: i know the deficit doesn't please you. we have got to get ahold of spending but not in an election year. ainsley: brexit says their economy is doing. >> 3.8% unemployment in britain. one last point. no president has ever failed to be reelected when you have got a super low unemployment rate going into the election. that's what president trump will have in 2020. a low unemployment rate. very strong chance of re-election if you ask me. brian: some o steve: some of the numbers stuart varney breaks down over on fox business. we will watch for you an hour and 20 minutes. brian: impeach him on wednesday and see how he does in the election. it's incredible time. >> it is. what a contrast. brian: have you met jillian? >> several times. brian: jillian, stuart varney is not going to toss to you. jillian: hi, stuart. every morning when i end the 5:00 a.m. show on the way down to them. i would wave to them and

they have changed their location now. this is it. wave to you like i normally. we good morning, get you caught up on some of the stories we are following. an accused isis supporter is busted trying to board a container ship overseas. the fbi arresting the connecticut man as he prepared to head to turkey. prosecutors say he wanted to kill 100 nonbelievers and then he posted youtube videos explaining how different weapons work. the man planned on trawling by boat because he was concerned about the being caught at the airport. his plan didn't work. he could spend 20 years in prison. as millions prepare to travel for the holidays. new warnings of measle exposures oat two busy airports. three infected people traveled through terminals at los angeles international airport last week. three people hospitalized with measles after traveling through denver international airport. measles highly contagious, especially for people who are not vaccinated. did you see this? "the view" co-host meghan

mccain is firing back after this heated exchange with whoopi goldberg. watch. >> my job is to analyze the politics of it. i'm telling you politics. >> i'm talking about show ever. >> girls, please stop talking. please stop talking right now. because you know what? i will not i'm okay with that. >> liberal host silencing mccain after she mentions that most americans don't support impeachment. mccain addressing the controversy on twitter saying in part, quote: i won't be quiet. even if the reality reflects poorly on the entire political establishment. i have a responsibility to speak for the 50% that feels media doesn't represent them. dressed like an elf. graduate student says her dad always welcomed her home from kansas with signs and fun costumes. this was the biggest one yet. he looks like buddy from the movie elf holding a giant

naughty list with his daughter's name on it. the photo is now going viral. that's a look at your headlines. steve: how great is that. it was just an hour ago we saw janice dean dressed as the elf. janice: so much fun. janice: the whole family in the elf hotel. it was great fun and we had a wonderful time. listen, we have some severe weather i want to talk about because we had two dozen reports of tornadoes yesterday across portions of the gulf coast and the southeast and unfortunately, we have two tornado warn storms right now for the panhandle of florida up towards alabama in towards georgia. so severe weather is going to be a threat today throughout the afternoon. and then we have the cold side of the storm where we have snow, freezing rain, and rain, gepsding on where you live. freezing rain right now in new york city. freezing rain in hartford. we have dozen of accidents being reported on the i-95. it is going to be a very treacherous if not impossible way to travel if you are in freezing rain this morning. and we have ice that is

going to pile up, unfortunately on the roadways and on the power lines and on the bridges so people need to be really pay close attention to your local forecast. listen to your local officials if you don't have to travel. don't travel in freezing rain. it's one of the most dangerous things you can go into. behind that very cold air. so all of that moisture is going to refreeze thursday into friday. a lot of weather people need to be very careful and certainly keep you up to date from the fox weather center. back to you. steve: anxiously, thank you very much. meanwhile a fox business alert. amazon.com is now banning third party sellers from using fedex for their prime shipment. ainsley: now customers and small businesses could face price hikes. brian brian fox business network joins us now with more on the controversial decision. jackie? >> good morning to you guys. if you include today, there is only seven shipping days left before christmas, right? amazon guarantees that the packages are going to get there on time. what it is worried about is

that fedex ground is not a reliable way to do it for prime shipment. so, amazon told me it's temporary restriction and that there are these other buy shipping options. so you can pay more for shipping to make sure you get it. amazon makes that promise they want to make sure the merchandise gets there fedex punches back and says it impacts a very small number of shippers but does limit the options for small businesses on some of the highest demand shipping days in history. and may compromise their ability to meet customer 2k3457bdz and imagine their businesses. a lot to look out here for guys. in context, amazon itself wants to be a shipper. that's what they are planning for. this could have something to do with that as well. steve: you are probably right. it's all about business. jackie, thanks very much. 18 minutes before the top of the hour on this very busy tuesday. cup meant for a police officer with the word pig printed on it. to deputies being denied

delayed service, anti-police incidents are growing at one very famous coffee maker. ainsley: so how do we stop this? the founder of blue lives matter new york city here with a message for starbucks executives coming up next ♪ i was born country ♪ that's what i will always be ♪ like the rivers and woodland ♪ wild and free ♪ i got 100 years of down home ♪ running through my blood ♪ i was born country ♪ - do you have a box of video tapes, film reels, or photos, that are degrading? legacybox professionally converts them to dvds, thumb drive, or the cloud. legacybox is simple and safe, with over half a million satisfied customers. visit legacybox.com today, and get 40% off.

giving cup of coffee with the word pig on the label. two others denied supervisors. brian: opening up bathroom to the homeless and close locations for sensitivity training. what about for men and women and blue for some

sensitivity training for law enforcement? ainsley: here to react is 13-year veteran of law enforcement and founder of blue lives matter new york city joseph. thank you for being with us. >> good morning. ainsley: what do you think about this. >> third happened this year left because they didn't feel safe. second word pig on the cup. shut down stores nationally to have sensitivity training to base their means towards a certain people. what about doing that once again for police officers just like we saw with the widow of garrett hull. have widows go up there and show this isn't a joke. taken out of context. people they are hiring isn't the right choice. brian: here is what starbucks said about the california incident. we take full responsibility any intentional or unintentional disrespect shown to law enforcement who whom we defend every day to keep our stores and community safe. no customer in or out of uniform should ever have that experience at starbucks. what happened to the guy retribution. guy been fired. >> what i heard they are

suspended for the time being. just like old police department they have signs for equal opportunity employment or sexual harassment up in the workplace. put up signs saying all workers will treat everybody with respect. if they don't you will be fired or suffer the consequences. this is what they need to do. three incidents obviously people aren't taking it seriously. ainsley: bill barr wrote an article in the "new york post" pretty powerful say going we continue to treat our men and women in blue like this. then they are not going to want to work in the police departments and sheriff's departments around the country and we don't have anyone anyone protecting us. >> that's what we need. we need politicians out there standing up for law enforcement. for too long the obama administration -- ainsley: where is bill de blasio. >> he picks and chooses when he wants to take sides. you can't do that. brian: he sleeps until 10:00. later we will play that back for him. here is the excerpt from the op-ed. serving as a cop is harder than ever. deficit of respect for the

men and women of blue who put their lives on the line for the re of us. place communities at risk. here is the stark reality. without a serious focus and retention and placing communities at risk. here is a dark -- is he right? >> absolutely right. today laying to rest officer seales from the ph.d. pd. starbucks and other companies need to realize this is real life. it's not fun going out there and being a police officer and chasing people with guns or standing in the house someone just passed away. it's hard. take as toll. lots of parents are telling their kids i don't want you to do that it's not safe. my father was a cop and told me for years. tonight do it. it's something inside of you that wants you to make a change. higher brass have our backs and do our job properly. ainsley: thank you so much. >> thank you. brian: hopefully the attorney general's message will be heard. all week long highlighting inspiring young americans who are serving their

communities. ainsley: the high school senior helped people rebuild their homes after hurricane florence. and she was honored by the carolina panthers. and you are going to meet her live next. ♪ ♪ ♪ honey, can you get the snacks? (laughter) (cat meows) (dark barks) ♪

guess who's early? (cat meows) good thing walgreens is right around the corner with last minute holiday supplies. get in. get out. get jolly.

♪ brian: this week we are celebrating young people celebrating their communities. ainsley: in day two of our series honoring high school senior and athlete macy wood. her incredible volunteer efforts for those who lost their homes during hurricane florence in 2018 quickly got the attention of the carolina panthers who presented her with a community captain's award. steve: how great is that pender high school senior macy wood of north carolina joins us live right now as you can see down in raleigh. macy, good morning to you. >> good morning.

>> good morning. steve: congratulations so your coach said why don't you write this essay and it was selected as one of the best in the entire state. it must have been good. you must be a great writer. tell us a little bit about what you wrote about. >> i had to write about all the community service that i have done for the past year. it was mainly about the hurricane florence relief that i did. brain brian real quick, macy, have you this idea of what you actually did and what you were organized and what the needs were? >> okay. yes. so, i went to local high schools. they were shelters and distribution centers. i also went to local fire departments, which were also shelters and distribution centers. i went to my church, which we hosted the missouri disaster relief team. and i went to some local homes that were flooded and helped those people out. ainsley: macy, that's wonderful. most high schoolers are not doing that they are not volunteering and helping other people. it's kind of a -- most people aren't as generous as

you are. what made you want to go and do this? >> well, ever since my first year at pender high school. the value of community service is strongly implemented. around my freshman year i really learned the true value of community service. i have just tried to get out and help as many people as i can. steve: um-huh. particularly, regarding the hurricane, so many people had lost everything. >> yes. steve: whatever you were able to do for them was so greatly appreciated, i would imagine, right? tell us about some of the reaction you got from the folks you helped. so many of my friends and family lost their homes they got flooded because my small town was in a flood zone. it was hard to see people that close to me displaced and people still living in the trailers recently just now getting back in their houses and it's really hard and sad to see. many people were grateful that i could just even take a case of water to their house or bring stuff to their car. it was a great experience. brian: lastly bring us

through the moment. honored at halftime during the game. bring us through that. >> yes. when we got there we had on field passes on the very beginning while the team was warming up which was extremely cool. they tyke us back up to our seats. halftime took us down through the tunnel where the players run out which was amazing. presents with an on field presentation and got a game ball with our name and school name on it. ainsley: that is awesome. only 10 people selected in north carolina and south carolina. you were one of those 10. when you found out that you were getting this award, what went through your mind? >> i was excited and extremely shocked because when i was writing the essay i had in the back of my mind there is no way i'm going to get this because there is only 10. when i found out i was just humble and so excited. >> everyone excited to meet in the community. ainsley: best wishes for your life. brian: now, off to school. ainsley: she is famous now.

counselor to the president. kellyanne conway supreme court justice neil gorsuch, they are going to join us for a rare live interview coming up in the next hour. brian: separately. ♪ i ain't going to waste one breath. iphone or android and manage your diabetes. with the freestyle libre 14 day system, a continuous glucose monitor, you can check your glucose levels any time, without fingersticks. ask your doctor to write a prescription for the freestyle libre 14 day system. ...yl sfx: [sneezing] i am not for ignoring the first sign of a cold. i am for shortening my cold, with zicam! zicam is completely different. unlike most other cold medicines, zicam is clinically proven to shorten colds. i am a zifan for zicam! oral or nasal. choose the longest lasting thiaa battery...son

(music) energizer ultimate lithium backed by science. matched by no one.

but since they bought their new house... which menu am i looking at here? start with "ta-paz." -oh, it's tapas. -tapas. get out of town. it's like eating dinner with your parents. sandra, are you in school? yes, i'm in art school. oh, wow. so have you thought about how you're gonna make money? at least we're learning some new things. we bundled our home and auto with progressive, saved a bunch. oh, we got a wobbler. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. that's what the extra menu's for.

>> ♪ ♪ >> steve: all-american country boy, live from new york city it is already the 17th day of december. christmas eve, one week from today. ainsley: right. >> steve: that means one week until i start shopping. ainsley: i was doing shopping last night online and i'm hoping the items make it down to south carolina on time. it didn't say next to where you picked your shipping i picked the free one and it didn't say it'll get there before christmas but i'm hoping, with a week. >> brian: just download the

receipt of the picture. it's going to be coming soon you'll love it. >> steve: anyway thank you very much for joining us on our final hour of fox & friends. we start with this, president trump and rudy giuliani says he personally helped force out former u.s. ambassador to ukraine. >> brian: okay, guiliani adding proof she committed perjury. ainsley: griff jenkins is live in washington to explain all of this. griff: i wish i could explain it all but rudy giuliani is fresh back from a trip to ukraine where he was conducting his own investigation which has been criticized by republicans and sources within the white house, but now he's doubling down on his admission that he was instrumental in getting the former ukraine ambassador recall ed and speaker last night said this. >> i forced her out because she's corrupt. i came back with a document that will show that she committed perjury, when she said that she

turned down the visa because of corruption. i have four witnesses who will testify that she personally turned down their visas, because they were going to come here and give evidence either against biden, or against the democratic party. griff: and the intrigue hasn't stopped there. guiliani tweeting a couple of times this morning, she needed to be removed for many reasons but most critical she was denying visas to the ukraine who wanted to come to the u.s. explain dem corruption and she was on instructing justice. she at a minimum enabled ukraine collusion, the second tweet, saying that recently acquired documentary evidence showed she perjured herself, and also her embassy stopped an audit of over $5 billion in aid funding put in question in 2017 by auditors. enough for now, more to come, plenty more. we have no idea, a timeline, or

what may else be coming, attorneys for ambassador who you remember last month testified pointing a finger very directly at rudy giuliani and her attorneys are not commenting so developing certainly and we wait to see if there's any more as far as being related to possibly having rudy giuliani being called in a senate trial assuming that house impeachment is inevitable there's no indication that that could come, we only know that majority leader mcconnell has indicated he wants a fairly quick trial, who knows what could happen. it's washington, there's no surprises any more. >> brian: you're right about that griff thank you very much and of course as we heard during the witness testimony in the house, all ambassadors serve at the pleasure of the president of the united states. he wants to fire her for whatever reason -- ainsley: he has the right to do that. >> steve: let's move on and talk politics, the former cia operative, and life long democrat he joins us today.

hey, brian, thank you for joining us. >> you bet, good morning. >> steve: as we look at the fact that it looks like tomorrow they are going to probably start debating impeachment of the house, there will be a vote tomorrow night and it's going to be a tough vote for a number of moderate democrats who live in districts and ran in districts that donald trump won, and you know, they are struggling because they know that nancy pelosi wants all of them to vote for impeachment, but a lot of them like to get re-elected in the next year, and that might provide some trouble for them, between now and then. >> yeah, exactly. in fact, i just spoke with a chief of staff of one of the democratic congressmen this morning. he is very very nervous about what they are facing and in fact , pelosi has reached out to all of them individually saying it's time so i think you've got a lot of very nervous democrats on the hill this morning and will continue throughout this week because they see the polls by the way, the polls showing

very clearly that while republican democrats are split on this, independents are lean ing increasingly towards being against impeachment. there was a usa today poll out this morning that shows trump vesting all of the democratic candidates to include biden by three, so there's a problem here , that the democratic party has put on themselves and this idea that trump is worse than nixon is not turning out to be true is it? >> brian: a couple of things nancy pelosi said she's not going to whip the vote. okay you're saying -- ainsley: she's calling people. >> brian: that's a whip. meanwhile, one of those who were elected in a trump-won district, she has decided and by the way she's from your business, from the cia. she's decided to vote for impeachment. let's listen to some of the anger. >> [chanting] >> impeach trump. >> [applause] >> well, i'm thrilled to see

such a great turnout today. let's please let her speak. ainsley: so that's how a lot of people, adam schiff same thing happened to him he was speaking in california, he was speaking at a recognition of the genecide and people were furious at him. listen to this. >> booo. >> you are a disgrace to the house of representatives. ainsley: i mean, brian, 31 democrats, nancy is telling them to vote one way but it could mean they lose their seats you see how people are angry. >> remember something. the whole idea of starting this impeachment process, there was enough there to remove the man that unquestionably would bring the nation together to push out someone who shouldn't be in the

white house. that has proven to be absolutely false. reasonable people can and indeed do disagree on whether the information, the evidence at hand, is bad for trump. it's not supposed to be like this. if you were going to have this kind of impeachment process, it's really a political process and the information has to be overwhelming and it's just not there. >> steve: keep in mind it was on inauguration day. i think there were 60 democrats who would not go to the inauguration because they said that this is an illegitimately elected president, who was involved with russia, and of course all that has proven not to be true but that was day one. 60 democrats. >> and he call on day one, we had the dnc chair say that the future of the democratic party is alexandria ocasio-cortez, a socialistic and then within three months we had not one but two resolutions from congress

saying that omar was condemning anti-semitism. so the past three years, if you will for a democrat anyway, movement of the party going so far left, that yet now we're doubling down on not just russia , but this impeachment business and i think that you're seeing that movement in the poll s and we're going to have a lot of people no longer in congress next november, because their conscience called for it but really if trump gets re-elected? nothing the whole party has been thrown to shambles for no reasons. >> brian: you got it. really appreciate your time this morning, brian dean wright. the democrats did so good in 2018 they ran on healthcare and income and equality and they didn't run on impeachment. >> steve: well republicans will takeaway your healthcare. fast forward to now, we found out that really wasn't a big issue. ainsley: hey, gillian. >> let's begin with a fox news alert right now, because an american pilot is detained in

hong kong accused of carrying a gun in the airport, will royster just landed a united plane when customs agents reportedly found the weapon and the kansas city man is a former navy pilot. it's unclear why he would be carrying a gun. we are reaching out to united airlines for a comment. and now at least 14 people are killed as tornadoes tear through the south and a winter storm pushes across the country. louisiana was hit hard by a twister that traveled 63 miles and you can see bricks torn off a church in the storm and in mississippi, heavy winds damaged homes and overturned cars. the northeast now bracing for rain, snow, and ice, during the morning rush hour. janice dean, busy tracking all of this. at least 11 people are hurt when a van crashes into a store after a shoplifting heist. someone swiped items from a ross store in washington state and jumped into an escape van. the driver hit the gas and drove into the store, passing the register.

three people are in critical condition including a two- year-old boy, who was in his stroller at the time of the accident. the driver and passenger are under arrest. >> the force is strong with these newborns. take a look, a pittsburgh hospital posting these pictures of babies wearing a santa hat with yoda ears sticking out and shirts with yoda inspired stayings like "cute i am" and baby yoda has taken the internet by storm since appearing on the new disney show. oh, they're cute, those are your headlines. >> steve: baby yoda. >> ainsley: thank you. >> brian: meanwhile 10 minutes after the hour. ainsley: we have a fox news alert a mother and her two week old baby gone without a trace. the fbi has joined the search. we have a live report on the latest coming up next. >> steve: plus a rare live tv interview with supreme court justice neil gorsuch. lots of questions his answer straight ahead on fox & friends. >> ♪ ♪ ♪

(children playing) (dog barking) ♪ (music building) experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. ♪ ♪ ♪ everything your trip needs

for everyone you love. expedia.

at bass pro shops' and cabela's christmas sale. like white river giant berber blankets for under $24. and redhead men's 3-season jackets for under $30. plus thousands more online. wheyou want relief... fast. only thermacare ultra pain relieving cream has 4 active ingredients to fight pain 4 different ways. get powerful relief today, with thermacare. >> steve: we're back with a fox news alert. the fbi has joined the search for a missing mother in texas and her two week old daughter. >> brian: heidi brusard

vanished with her baby after dropping her son off at school. ainsley: police are trying to piece this altogether. hey, rob. >> a family in austin, texas police in the midst of an intense search for 33-year-old heidi brusard and her newborn daughter just two weeks old who simply vanished last thursday. this is the last known image of brusard as she was dropping her fiancee's son off at school in austin last week. you can see she appears to be smiling and wearing a purple sweater just before she and her baby disappeared. now heidi's fiancee, and that missing newborn's father, shane carey, has been visibly emotional in tv interviews as he pleads for their safe return. >> i don't know where she's at, i don't know if she's suffering, i don't know anything and i can't help, i'm helpless and that's the worst feeling in the

world. she's not, she didn't do anything mean. >> shane carey says he went to work thursday morning talked to heidi on the phone around 8:00 a.m. after she dropped his son off at school and carey picked up the boy that afternoon and came home to an empty house and his fiancee's unlocked car in the driveway. now the fbi is now involved in this, brusard vanished is 5-foot 3, 150 pounds and the baby is 2s and two weeks old. friends describe brusard vanished as a great mom and are simply baffled, nobody knows what to believe. ainsley: we all want answers hopefully the police can get to the bottom of it plus she has this other little boy now missing his mom and sister. >> steve: rob, thank you very much. >> brian: 16 minutes now after the hour. up next united states supreme

court justice neil gorsuch joins us for a rare live interview with ainsley. >> ♪ ♪ we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how you do it right.

usaa insurance is made just the way martin's family needs it - with hassle-free claims, he got paid before his neighbor even got started. because doing right by our members, that's what's right. usaa. what you're made of, we're made for. usaa so to breath better i started once-daily anoro. ♪go your own way copd tries to say go this way i say i'll go my own way with anoro. ♪go your own way once-daily anoro contains two medicines called bronchodilators that work together to significantly improve lung function all day and all night. do not use anoro if you have asthma. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than once a day. tell your doctor if you a heart condition, high blood pressure, glaucoma, prostate, bladder or urinary problems. these may worsen with anoro. call your doctor if worsened breathing, chest pain, mouth or tongue swelling,

problems urinating, vision changes, or eye pain while taking anoro. the most common side effects are sore throat, diarrhea and pain in the arms and legs. ask your doctor about once-daily anoro to start treating your copd. ♪go your own way save at anoro.com ♪go your own way looking around here i see tablets, laptops, printers, smartphones. they're all connected to the internet. they're all connected. can your network handle all those devices? sometimes. comcast business runs on the nation's largest gig-speed network. so you can get the bandwidth you need to power all of your devices at peak performance. if all of my devices could have that kind of speed, i would be dancing! get started with secure 35-megabit internet and one voice line for just $64.90 per month. call today. comcast business. beyond fast.

ainsley: it has been more than two years since justice neil gorsuch joined the nations highest court and now he's out with a brand new book, a republic if you can keep it. joining us now for a rare live interview supreme court justice neil gorsuch good morning to you >> merry christmas. ainsley: merry christmas i love that you say that. what an honor to talk to you. let me start with the separation of powers.

when there is a conflict between the executive branch and the legislative branch, what is the role of the judicial branch? >> well, one thing i wanted to talk about in the book, and i think writing about it and talking about it for years is the importance of the separation of powers and how it keeps us free, and when it comes to the role of the judiciary, i believe that the role is to be faithful to the original meaning of the constitution. i tell my law clerks i have just two rules. rule number one, don't make things up. rule number two, when you're in doubt, when everybody is yelling at you, begging you to do this, or threatening you to do that, refer back to rule number one. ainsley: i like that. you always hear conservatives want original, constitutionalist s on the supreme court. can you explain what it means to be originalist or constitutional ist, and how do you describe your judicial philosophy? >> well i think it's badly understood and kind of a

misleading name. our folks who disagree call themselves living constitutional ists. well who wants a dead constitution? i don't. i want an enduring constitution and the idea of originalism is just simply that judges should follow the original meaning of the words on the page, and neither add things that aren't there, nor takeaway things that are there, and i worry that both of those things happen when we depart from the original meaning of the constitution. i'll give you a couple examples. the first time the supreme court of the united states really departed from the original meaning of the constitution was perhaps in dread scott when the court found a right for white persons to own black persons as slaves in the territories of the united states. scour the document as long as you want you won't find that right there, they made it up or take the sixth amendment which guarantees you a right to confront your accusers in any case against you. for years, the supreme court of the united states said no. we're not going to enforce that

right, except for when we think it's really important. the originalism says no to both of those things. it says we're not going to add things. we're not going to take things away but the judge's job is to be faithful to the constitution, at all times. nothing more, nothing less. ainsley: what would james madison who wrote the constitution, what would he say about the government today? >> well i think one thing he might tell us is to pay attention to the separation of powers. madison originally thought we didn't need a bill of rights. he wrote the bill of rights, but he thought what would really keep us free is the separation of powers and if you look around the world today i think he has a point. every country in the world has a great bill of rights these days. my personal favorite is north koreas. yes, north korea. it promises everything we have, the right to free speech, a right to privacy and my personal favorite especially this time of the year, the rights to relaxation. ainsley: [laughter] >> but the fact of the matter is that those rights aren't worth the ink on the page and

they're not because all powers accumulated in one mans hands and what madison knew is that people aren't angels and that we need to separate powers to keep us free and i worry today when i read that only about a third of americans can name the three branches of government, and 10% of americans apparently believe serving on the united states supreme court and you know her as judge judy and i love judge judy, but she's not one of my colleagues, and the truth is, that our rights including the separation of powers are only as good as the people who want to keep them there. daniel webster said that it took 6,000 years for a self-governing people to arrange our constitution and it really was a miracle, and those things aren't kept, by accident, and there's no guarantee they will endure unless people care about them. ainsley: i know your faith is extremely important to you and the declaration says we are

endowed by our create or with rights among which are life, liberty and the pursuit of happiness so what did our framer s, what did our founders mean by god given rights? >> well, they wrote down the rights that they thought were terribly important in the bill of rights and they left it to us we the people, to decide when to add to them, and when to take them away. they didn't leave it to nine older, i can say that now, judges in washington, to rule a country, crossing a continent, composed of 330 million americans and to those who say that we can't rule ourselves, that we the people can't do this , i try to remind young people about the story of greg w asson, whose a college student at the university of texas in 1992. he's responsible for the most recent amendment to the constitution, the 27th amendment we the people, we can do this. we can govern ourselves. it's a great story. ainsley: i know there was some justices you really look up to,

i want to get to a story coming up in just a moment but i also want to quote something you wrote in your book a republic, if you can keep it. if you're going to be good and faithful judge, you have to resign yourself to the facts that you're not always going to like the conclusions you reach. if you like all of them all the time, you're probably doing something right. i mean wrong, excuse me. >> wrong! ainsley: have you found that to be true in your two years? >> well of course. i've been a judge for a long time, and the fact of the matter is any good judge will look back and say that i may not agree with this policy, or i may not have voted for that law, but the people's representatives chose to make that law, and my duty as a judge, when i put on that robe , is to put aside my personal preferences and to faithfully discharge my duty which is to uphold those laws to apply them neutrally. they say that the robe is supposed to change a person when they take the bench and i

believe it does. we have a thousand wonderful men and women in the federal judiciary whoever are day take that oath seriously. ainsley: we're glad that you do. i know you clerked for byron white, the first justice neil us from colorado where you're from, appointed by kennedy and you tell a great story i watched an interview with you and i want you to share it with the viewers when you're walking down the hallway and saw the portraits of the other justices what was that conversation? >> sure. so byron white was maybe the most famous from colorado of the 20th century, maybe ever. he had been a scholar, and led the nfl in rushing, the highest paid football player of his day, first in his class from yale law school and clerked for the supreme court of the united states, jack kennedy's best friend and served on the supreme court for 31 years. he was my hero as a young man, and i got the opportunity to clerk with him, which was a dream come true. one day we're walking down the main hall of the supreme court of the united states where the portraits of past justices hang

on the walls and he leaned over to me and said gorsuch, how many of these can you really name? and i had a moment where i had to decide whether i was going to be honest or try to impress the old man, and i was honest and i told him about half, boss. and he leaned over to me and he said me too! and then he said something that really surprised me. that surprised me enough but he next said, and that's the way it should be. we're all forgotten soon enough. ainsley: pretty powerful. those words stuck with me because i thought nobody will ever forget byron white, but the truth of the matter is, we're now many years after he's passed and he was right and i came to realize he wasn't telling me something sad or melancholy. he was telling me something great and important that we're all part of something a lot deeper, more meaningful than ourselves. this wonderful republic really is a miracle in human history

and there's no greater privilege than the opportunity to spend a lifetime in its service. ainsley: a great reminder to be humble. sometimes he disappointed the people who thought he would consistently vote left as a liberal on the court. what did you learn from him? >> well, he disappointed people on both sides, i'm sure, and what was wonderful about byron white was that he had the strength of character not to care. the courage of his convictions, and the incredible intelligence and hard work to follow a case through to the very bottom and reach an independent judgment on his own and that's exactly the fortitude that madison and the framers had in mind for judges when they established article 3 of the constitution. it was an example of a great judge. ainsley: there is an ideological divide amongst the justices on the court but you have written, you wrote that we shake hands every time we gather we sing to one another, we sing happy

birthday with each other, we have lunch together, we don't talk shop, we have christmas parties and we sing christmas songs at these parties. what has it been like over the last few years for you? >> it's a wonderful group of people and of course we don't always agree. you give us the 70 hardest cases in the united states of america to decide every year. of course there are going to be disagreements, but they're not personal disagreements, and it's a wonderful group of people, and yes, we eat lunch together, we shake hands, we sing poorly, but enthusiastically, both at christmastime and at birthdays, and we play practical jokes on one another too. i think my favorite one is sewn a sotomayor came in one day after the yankees had a good run and she was wearing a black robe with pinstripes on it and the new york yankees emblem on her chest and i think all of the other justices were wondering quietly, are you really going to wear that on the bench?

and but nobody said anything and we're lining up to go into the courtroom, and finally one of my colleagues said sonja, are you really really going to wear that and she said no, i was just waiting for someone to ask. ainsley: [laughter] that's great. your wife is precious. your family. i'm curious to know how has it been living in washington? you're from colorado, big fly fisherman? >> i am. and i miss colorado just about every day. i think i realized that life was going to change maybe the day i was nominated, and the president xied us to come to washington but to do it quietly. he wanted to surprise the announcement and how do you get into the white house without anybody knowing? and it turns out it's through the kitchen door, and so louise and i snuck in through the kitchen and the president graciously allowed us to use the lincoln bedroom as my office for the day and i got to write my remarks for the evening next to

the gettysburg address, it was a moving experience. louise was given use of the queens bet room across the hall, she's british and that was quite something for her, that's where churchill stayed during the second world war but at any rate , louise was allowed to call back to england. we weren't supposed to tell anybody but she could call her father in england because it's england and who cares and she woke up her dad in the middle of the night and said dad, you're never going to leave it but neil is about to be nominated to the supreme court of the united states and she said honey i've been watching your american tv, i stayed up late and i tell you about an hour ago they had another fellow, dear friend of mine, caught on tv driving to washington from pennsylvania and i'm afraid it's going to be him. ainsley: [laughter] >> and louise said but dad, dad , i think it's going to be neil. we're sitting in the lincoln bedroom and he said honey, i understand that. ainsley: we can all relate to these stories. >> honey i understand that but

the other might be just down the hall, so it's nice to know that while lots of things change, in laws don't. ainsley: thank you. pick up his book a republic, if you can keep it. famous words from ben franklin thank you, god bless you. more fox & friends coming up. traveling lighter. getting settled. rewarded. learn more at the explorer card dot com.

>> steve: excellent interview. ainsley: thank you. that's a little nerve racking because he's so powerful and i respect him so much. >> steve: now we know a lot about him we didn't know before. let's go down pennsylvania avenue and kellyanne conway joins us from the briefing room it's kind of a jury day down there as well. good morning to you. >> good morning that was an excellent interview of justice gorsuch. one of two united states supreme court justices but one of 174 federal judges that this president has gotten confirmed to the bench it's pretty

remarkable. >> steve: well of course john roberts the chief justice will be presiding over the impeachment trial in the senate. kellyanne let's talk a little bit about these 30 some odd moderate democrats who are in districts that donald trump won in 2016. they would probably like to vote against impeachment but nancy pelosi is going to make him walk the plank. what's their life going to be like over the next year? do you think people will forget about it come next 2020? >> no, people will not forget about it. people will remember how those democrats spent their time and their taxpayer's money, which is a big waste and if you waste my time, you risk my trust is what these voters will say to them and can we stop calling them moderate democrats? i think they have proven that they aren't. they are not representing their people, if you're called a representative if that's your day job you ought to represent the will of your people and these folks saying oh, it's a vote i've been struggling, i had to read all of the documents all

weekend, they would sound more legitimate and more credible if they just said that i need to follow the leadership of my party which has gone so far to the left, we can't even see the middle from where we are any more, and frankly, which probably dangles the committee assignments and campaign money in front of me for me to make this vote, contrast that with congressman jeff van drew, a long time democrat served in the state legislature in new jersey for 15 years in the democrats. the democratic party endorsed him in the primary for congress last year. he's been their guy all along and they wanted to flip that republican seat, held by franklin for 24 years, and they got the democratic congressional committee made new jersey ground zero in 2018 and van drew was a big part of that. now you have his democratic colleagues in the house calling him a trader, saying he's not important, it's not indicative. this is a big deal. that is a vote of conscience because in that district, trump won it in 2016 but obama won it

in 2008 and 2012 and i grew up in that district. you've got a big farming community, i worked for a blueberry farm in jeff van drew 's district for eight years, i went to school for 13 years in kindergarten through 12th, my family lives there, i own a house there. folks in that district want jeff van drew and the rest of the congress republican and democrat to work with the president on infrastructure prescription drugs and you see the usa today poll that just came out? impeachment is number 11 out of 12 issues, that voters say will influence their vote in 2020. let's repeat. is impeachment not bum wore? it's number one on some of the cable stations that hardly compete with you. it's number 11 out of 12. it's dead last to republicans among democrats and it's after social security, education, the economy, immigration, and healthcare. think about that. >> brian: so a couple of things it looks like the house continues impeachment probe regardless of what the senate does so this could go on and on and that poll also says that president trump beats every

single democrat head-to-head so that's going to be interesting. chuck schumer didn't miss a chance to get some publicity. he walked in front of the camera s and pretended like he didn't have a meeting with mitch mcconnell today on tap. listen to this. >> i haven't seen a single good argument about why these witnesses shouldn't testify. i told leader mcconnell i was ready to discuss trial rules, instead of talking to me, he spoke publicly about what a trial may look like. he san diego he was taking his cues from the white house. it was very partisan, very slanted, very unfair. ainsley: kellyanne he's upset because mitch mcconnell wants to work with the president and the white house but listen to what he said back in 1999. >> any fair process would be consulting the white house because it's the president whose the defendant and due process would guarantee him more fairness. seems to me that no good case

has been made for witnesses. what we ought to be doing instead of this is doing what the american people want us to do which is make the schools better and preserve social security and reign in the hmo. >> brian: which senator schumer should we believe? >> when you play these clips of senators from 20 years ago please don't find one of me with the big jersey hair at the time. so i think you need to go with senator schumer in 1999 for a very simple reason. that's when he had an interesting congress working and doing his job and he listed issues there that animated the voters at the time and he was absolutely right which is why we're right now, that these poll s even reflect the fact that voters do not want impeachment, it's not on their holiday wish list, but senator schumer is wining for a different reason and going back to the process because he knows that they have no substance, and he's trying to get the fix in there early to say oh, the senate trial was unfair. that's why it's illegitimate and that the public can't trust it. no, under our constitution, you

need 67 united states senators to vote to convict and remove the president from office. he knows that's not going to happen, so he has to pre-game and complain that he feels left out and his feelings are hurt. you just made an excellent point though that these polls since impeachment started two and a half months ago, and going toward the direction of the president, particularly among independents. just yesterday a poll was released of independents a by a margin of 58-36 the president should not be convicted and removed from office. you see these swing state polls, i told the president just yesterday or last week, probably they've made you a victim of all things and people are look at what the protesters in these supposedly blue districts so the voters are paying attention and the democrats thinking they can pull another one over the voters they are getting it handed to them because people are smart and they are paying attention saying you're supposed to work for me. >> steve: one poll people took note of yesterday the dow jones industrial average. >> oh, yes.

>> steve: since donald trump has been selected president of the united states, it has gone up 10,000 points. it is i think the 120th all-time record. now that's somebody, that's something people can appreciate, the fact that the economy seems to be working. >> yeah, numbers don't lie. the fact checkers go into over drive. they don't know what to do when they see the dow jones and nasdac averages continue to climb up. we're smashing records on employment, on workforce development, on deregulation and we're now net exporters of natural gas and oil in this country. on top of that the booming economy and the people think you can impeach president trump, and you can beat president trump, you aren't impeaching his economy and i remember a couple of short months ago they were all predicting a recession. where is the recession they all scared americans and they are smarter than that and we leave in that. >> brian: heading into the holidays economically we seem to be on the right foot.

kellyanne conway thank you so much. >> have the best day take care. >> steve: meanwhile we all know about the dangers of drunk driving but what about driving with a hangover? we're putting it to the test with a special suit, next. it was in this small little village- in connemara. right! connemara it is! there's one gift the whole family can share this holiday season, their story. give the gift of discovery, with an ancestrydna kit. give the gift of discovery, it's laundry truths, with cat and nat. i have so many kids and so much laundry. i don't have time for pretreating. what even is this? it looks like cheese but it smells like barf. with tide pods, you don't need to worry.

the pre-treaters are built in. so you just toss them in before the clothes. tide pods dissolve even when the water is freezing. nice! if it's got to be clean, it's got to be tide. at chevy, we're all about bringing families together. this time of year, that's really important. so we're making it easier than ever to become part of our family. man: that's why our chevy employee discount is now available to everyone. the chevy price you pay is what we pay. not a cent more. family is important to us. and we'd like you to be part of ours. so happy holidays. and welcome to the family. the chevy family! get the chevy employee discount for everyone today.

>> steve: ford wants to put the brakes on drunk driving. >> brian: the auto maker developing a new suit that simulates the effects of hang overs to show how dangerous it could be. ainsley: grady trimbul from fox business is live in dearborn michigan where he's about to take the suit for a spin. hey grady. >> hey guys so obviously we're used to wearing suits at work but nothing like this, this is ford's hangover suit. i've got a course in front of me , nolan with ford next to me so as i drive-thru this describe what this suit is supposed to do yeah, so this is a hangover suit

that is supposed to simulate a hangover so there's different side effects. it's hard to see but grady has about 45 pounds of weights from his chest, his ankles, to his wrist, and along with that he's got a helmet on his head. >> i just hit a lot of cones. >> you hit some stuff, yeah. >> to give him a headache feeling and those earphones actually amplify the sound, along with blood rushing through , just to give you the headache feeling and then also the goggles. it's actually, sensitivity to light type of thing. >> i don't know if you can hear that but i'm dragging a cone with me as i try to approach this portion of the course. >> yeah, so all of it together is supposed to simulate what it's like to be hung over. this is part of ford's driving skills for life program. we actually take this along with other suits on the road and put teams behind the wheel to simulate what it's like to be impaired. >> it's especially an important message because everybody knows not to get behind the wheel drunk but when you talk about the next day hung over that's

very important, especially this time of the year during the holidays, so guys, you can see, i did a pretty abysmal job driving through this course so this suit taught me a lesson anyway. >> steve: that is such a good point. you might have had drinks the night before but next day you're still hung over and it does impair you. grady thank you very much for a great demonstration. ainsley: something most people don't think about. thank you, grady. ba-humbug. an atheist group pressures an elementary school to drop its live nativity scene, that story, next. with advil, you have power over pain, so the whole world looks different. the unbeatable strength of advil. what pain?

what are you doing back there, junior? since we're obviously lost, i'm rescheduling my xfinity customer service appointment. ah, relax. i got this. which gps are you using anyway? a little something called instinct. been using it for years.

yeah, that's what i'm afraid of. he knows exactly where we're going. my whole body is a compass. oh boy... the my account app makes today's xfinity customer service simple, easy, awesome. not my thing.

>> good morning, everyone i'm bill hemmer, another significant day moments away another impeachment process begins and we'll bring it to you live and talk to a member of the rules committee, bill bennett, doug

collin, andy mccarthy, big morning and big lineup, sandra and i will see you in eight minutes top of the hour. >> brian: let's go. ainsley: a real christmas grinch , the freedom from religion foundation forces an oklahoma elementary school to drop the live nativity scene from its annual christmas show. >> steve: here with reaction is fox news contributor raymond aroyo joining us live from new orleans, good morning. >> good morning. >> brian: this is an outrageous story, guys. >> the very idea they are track ing down harassing third graders who are dressing as wise men, this freedom from religion foundation, they should be called freedom from religion expression foundation. this is a group that specializes in terrorizing anyone who would dare to express their faith. they've tried to sue two presidents for the national day of prayer proclamation and offer a non-prayer in congress. you know, let people live. i thought they were for

expression and diversity and inclusively. why can't we show that we're people of faith, or not, but i just i was outraged when i read this story and the fact that the school district did that. >> steve: let's take a look at what the school district said in oklahoma. after a thorough examination of the content of this year's program, discussions with chisho lm administrators and parenteds and advice from council changings were made to celebrate religious practices, customs and traditions of the season while meeting the current legal standards. so, that's what it's about, the worry about being sued. >> let's talk now a little bit about fox nation. >> okay so we know that christmastime in new orleans is going to be celebrated on fox nation. let's watch a clip of this and then i want you to explain what we're watching. >> i shall. >> we have taken the individual , lefted them up to a place of celebration.

freedom within form. the philosophical reason i come back to new orleans the spiritual reason is the love of family and friends. >> steve: that's your hometown >> that is my hometown. i wrote and host this special and i love it. that's who people might remember from the wire, he's on jack ryan now and he's a hometown boy as well and it's really about the expression of the things we in new orleans love not only during christmas but around the year. food, friends, family, and faith , and you see how all of those intermingle seven distinct cultures coming together to create music and food that is the envy of the world. we have a band, really, a super band of jazz musicians, that know the players who put their own spin on some christmas classics, we recorded it right here at the sander theatre so it's music and food, and there are a lot of movies filmed. ainsley: he played jesus remember in passion for the christ? >> he did indeed.

it's a lot of fun. i think families will enjoy it. there are so few new programs you can sit and enjoy as a family. i love that we can bring this to fox nation. you can taste the season and hear it and feel it and new orleans is such a great place. >> brian: it's going to be christmastime in new orleans on fox nation today, and give the gift of fox nation this christmas use code "celebrate" for 35% off your yearly subscription now through christmas december 25. ainsley: thanks raymond. merry christmas. >> thank you, guys merry christmas. >> steve: we're going to step aside more fox & friends in about two minutes. >> ♪ last christmas, i gave you my heart, but the very next day, you gave it away, this year ♪

most people think of verizon as a reliable phone company. but to businesses, we're a reliable partner. we keep companies ready for what's next.

(man) we weave security into their business. (second man) virtualize their operations. (woman) and build ai customer experiences. (second woman) we also keep them ready for the next big opportunity. like 5g. almost all of the fortune 500 partner with us. (woman) when it comes to digital transformation... verizon keeps business ready. seaonly abreva cany to help sget rid of it in... ...as little as 2 1/2 days when used at the first sign. abreva starts to work immediately to block the virus and protect healthy cells. abreva acts on it. so you can too. >> this is mia and christine

celebrating mia's sweet 16. there they are. >> there is jackie and sharon posing in front of the tree. now look at this. mitch mcconnell is coming up on radio. >> bill: here we go. get ready for what's known as the house rules committee comes front and center today taking up articles of impeachment that we'll watch together. set the guidelines for the debate in a full house expected possibly tomorrow. full house vote we should say. good morning. here in new york city on a tuesday, good morning at home. how are you doing, smitty? >> sandra: good morning to you. a busy one. i'm sandra smith. more moderate democrats represented districts trump won back in 2016 come forward to say that they will vote for impeachment. while lawmakers on both sides debate how to proceed. >> i told leader mcconnell i was ready to discuss trial rules. instead of talking