>> that's great. >> congratulations. >> thank you for joining us. >> that's right. in the meantime, head over to fox nation for the after show show. so long, everybody. >> bill: think you guys. this will be a significant important date in the road map to impeachment. at this hour, house democrats meeting behind closed doors. speaker pelosi expected turnover the articles this week. we wait that as we say good morning. i'm bill hemmer live here in new york. we'll take it all of it. here with the national champ lsu tiger herself. congratulations. >> sandra: what a win, what a game. good morning, everyone. i'm sandra smith. as the house speaker since the wheels in motion verse and impeachment, g.o.p. lawmakers setting rules and procedures for conducting it. witness testimony proving to be a major point of contention. >> we were never going to allow the speaker of the house to

dictate senate proceedings. the senate will not be sucked into this precedent-breaking path. >> just as the president tried to rig his reelection, through all the things he did regarding ukraine, he is trying to rig the trial through mitch mcconnell. >> this is the weakest, fastest impeachment in the history of america. if you took this standard, the only person who abuse the power where the democrats. >> he is seeking to prove it's political. if it's political in the minds of our republican colleagues, than the republican party is in trouble. >> sandra: we will get reaction from senator ted cruz in just a moment. we begin with mike emanuel. he is live on capitol hill with the very latest there. hey, mike. good morning. >> sandra, bill, good morning to you. nancy pelosi has told us she wants to meet with the house democrats before sending those articles of impeachment over to the senate. the caucus meeting is getting underway right now in the

basement of the united states capitol. that it will be up to pelosi about when she ultimately decides to send them over to the senate. we should get a sense of when that will happen, some timing announcements from her shortly. key house democrats say their work will not be done. >> we need to be sober in undertaking this moment of presidential accountability and we need to continue that as we move over to the senate. that's first and foremost. secondarily, we also are going to continue to follow the facts, apply the law, be guided by the constitution, and simply present the truth to the american people. >> speaker pelosi has held onto the articles of impeachment for weeks trying to gain leverage on the senate trial. it has not worked so far. pelosi and other democrats say they want witnesses in that trial. some allies of president trump say that's fine, if it's fair. >> you can't go to the senate and say, "oh, well, we will get them to get the witnesses they want." i don't think we will do that.

all the facts are on the president side. i hope they acquit this and we will get an acquittal right awa. both sides, these guys will go after this person forever. they don't like the president and i don't like any of us who support the president. it didn't even start with ukraine. >> we are also waiting to see who pelosi announces as impeachment managers. they will prosecute the case in the senate. sandra, bill? >> sandra: mike emanuel, thanks. >> bill: let's bring in senator ted cruz. welcome back to "america's newsroom," good morning to you. >> good morning, bill. good to be with you. >> bill: would you vote in favor of dismissal? >> i think the senate has decided rather than starting with dismissal will be are going to do is allow both sides to present their case. so the order of proceeding is going to be the exact same way the senate proceeded with this clinton impeachment trial. in other words, it will start with opening arguments from the house managers, they will get a full and fair opportunity to

present their case, then it'll move to opening arguments from the white house defense team. unlike how house democrats did it, we will give the president a full and fair opportunity to present his case to defend himself. we will then move to the questions from senators. the way that will work, they won't be orderly. instead, senators have to write down our questions. we submit our questions in writing and the chief justice will ask the questions for us. at that point then, the debates will happen about whether or not to dismiss the case or to vote a final verdict then or to take up witnesses. i expect a contentious debate decision, probably about two weeks from now. >> bill: you waited out very well, then. once you get to that point, would you vote for dismissal? >> i think at the end of this process, these articles of impeachment are going to be thrown out. i think evil and not with a dismissal but with a verdict of not guilty. the way it works in the senate,

you vote on each article and each senator will vote either guilty or not guilty. the reason why this ends with an acquittal is very simple. they haven't met the constitutional threshold. the constitution specifies, for impeachment of a president, that you have to demonstrate bribery, treason, or other high crimes and misdemeanors. they haven't done that. in fact, this is the first time in the history of our country that any president has been impeached without even so much as an allegation of criminal conduct. they have not alleged in these articles of impeachment that the president violated any criminal law. they haven't alleged he violated a civil law. they haven't even alleged the president has a speeding ticket. for that reason, this doesn't meet the constitutional standard of high crimes and misdemeanors. so the end of this process will be an acquittal and i think that's probably in about a couple of weeks. >> bill: you're not answering the question yet on dismissal.

perhaps you do overtime would you figure witnesses in a senate trial after today? yes or no? >> bill, let me make sure of answering the question on dismissal. i think the outcome of this case will not be dismissal. it will be an acquittal. those are different outcomes. dismissal three was the case out without reaching a verdict. we are going to reach a verdict, and the verdict is going to be acquittal. it's going to be not guilty because on the face of it the articles of impeachment don't meet this constitutional standard. that is a much better outcome for the president should be acquitted of these charges than simply a dismissal. i want to make sure the answer that question. >> bill: on witnesses, do you favor calling them? yes or no? >> that's going to be, as i said, a hotly debated question within the senate. whether witnesses get called pens on the 51 senators, whether they want witnesses to be called. my view is, if we call witnesses, he needs to be fair, it needs to be evenhanded

, it needs to respect due process. that means if the prosecution get scully witness, the defense should come as well. if the prosecution gets to call john bolton, the president should be able to call hunter biden. it ought to be fair and even and respect due process. that's the way any fair proceeding should be conducted. the house didn't do that. they didn't let the minority call witnesses. they didn't let the white house cross-examine witnesses. and said they had a partisan one-sided show trial. the senate will do much better. whether they will be witnesses or not i think will be a close call in the senate and we have some of the votes are. >> bill: two more minutes, two more questions. some of her colleagues -- lisa murkowski from alaska, susan collins from maine, met romney out of utah, all republicans -- conversely, doug jones out of alabama, joe manchin, west virginia. do you know where they are on this issue today? >> you know, i don't. i think you've identified senators who could possibly vote

against the party. those are probably the five most likely to be on the other side. we will have to see how things play out and where they decide to vote. >> bill: okay. you have said repeatedly and again a moment ago that you will give this president a chance to defend himself. in what form or shape does that occur in the senate? >> the president has a legal tame. it is led by the white house counsel, pat cipollone. pat and his team of lawyers will be there on the floor of the senate. they will be able to present opening arguments, they will be able to present evidence, they will be able to call witnesses if they choose. that's one of the things -- there's all this discussion about witnesses. one of the important things to remember, it's not the senate that chooses to call witnesses. it is the prosecution or the defense, typically, that says -- pat cipollone stepped up and says, "we call hunter biden to the witness stand."

at that point the senate decides, will we allow you to do that? but it's the initial decision of the lawyers prosecuting and defending the case. it'll be be the white house defense team in consultation with the president making those decisions. >> bill: i'm out of time, just that one more here. bill clinton's impeachment lasted 37 days. do you see that happening now, 57 days? more or less? >> i think it certainly could. if we go down the rope witnesses. i think this child could be between two weeks and six weeks. the big determination on that, if we go down the row of witnesses, he could take five or six weeks. >> bill: ted cruz, thank you for your time today. he will speak soon in the coming days and weeks, for certain. thank you come from washington today. >> sandra: to the iranian government announcing an arrest in the downing ukrainian passenger jets. as processors in the streets of tehran rally for a fourth day, calling on iran's leaders to step down. trey yingst live in jerusalem with the latest there. trey? >> center, good morning.

we've got a lot of information on that ukrainian airlines plane crash out of tehran last week. the european participants in the 2050 nuclear deal say they will trigger the dispute mechanism. this is going to open the door for possible sanctions on the iranian regime as it relates to arrests related to the plane crash last week. iran's justice chief said today arrests have been made in the crash that left 176 people dead after it was actually shot down by iranian missile defense systems. the announcement coming today on iranian state television, adding that an extensive investigation has been done. though no specific number was given regarding the number of people of the identity of those arrested, the ukrainian airlines flight was hit by the iran's missile defense system on the same night iran launched 16 ballistic missiles into iraq. overnight, running, running president house on ronnie called the event an unforgivable error. although the iranian government first denied any involvement. demonstrate is continued for

fourth did today. protesters are upset with how it was handled, and they're upset with ongoing corruption in the country. they turned up photos of general qassem soleimani, killed in the u.s. drone strike outside of bags as a national airport earlier this month. fires were set as police fired tear gas and guns three security forces have denied open fire on the demonstrators. the justice chief also leaked on mike in. take tha a listen. >> translator: if the agents of america want to use a problem to disturb public opinion, authorities won't allow anyone to compromise security. >> over the past week, president trump has treated a number of times in persian, speaking directly to the demonstrators. excuse me, to the persian demonstrators in farsi. he's looking to communicate with them directly in an effort to try and offer support on behalf of the united states and send a message that the united states is watching. sandra? >> sandra: trey yingst in jerusalem forces morning. thank you.

form on our top story start the morning, democratic congressman seth moulton will join us to talk iran in the next hour, and later on senator john cornyn will be our guest as we await news on the impeachment front. we learned a lot from senator cruz a few moments ago about how exactly this will look. the timing of it all, very interesting stuff. >> bill: it'll give us a pretty good sense of the road map, at least how he sees. two weeks to six weeks. can you see this thing going six weeks? you've got iowa and new hampshire and super tuesday in early march. >> sandra: anybody's guess at this point. >> bill: new details about the deadly shooting at a florida naval base, the ag bill barr says the attack indeed was terrorism. an update on that coming up in a moment, sandra. >> sandra: also, there is one more debate ahead of the iowa caucuses. who has the most to gain and the most to lose? >> bill: and go tigers! go ahead. >> sandra: that's with a

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>> sandra: a stunning new report says russians hacked the ukrainian gas company where joe biden's son, hunter, once worked. "the new york times" reporting it began back in november. at the same time, the house was investigating a phone call between president trump and the president of ukraine. that call sparked the impeachment investigation. >> bill: back on stage later tonight, i was away from the first democratic debate of the new year. six candidates facing off in iowa. the clock is less than three weeks from today. here's the new monmouth pole. biden leading, 24%. tom bevan, coeditor and from real clear politics.

chew on the monmouth pole for us and i with ou few things. >> and wearing my purple time on earth interesting. congratulations to the lsu tigerses. this monmouth poll shows joe biden up five points, bringing up five points. and pete buttigieg losing five points, elizabeth warren losing a few points, as well. we seen biden and bernie search to the front. it also shows four in ten voters still open to changing their minds in the last few weeks. >> bill: here is some more "des moines register," we talked about this yesterday. it is sanders, warren, buttigueg, biden weekly politics, same people. biden, sanders, buttigieg, warren. maybe the headline as of today is that it's a four-way race, tom. >> absolutely.

we don't have a lot of pulling in iowa. one of them has sanders ahead, one of them has biden ahead, and one of them as a tie. the caucuses are notoriously difficult to pull back. i think the upshot is what you said, bill. this is a jump ball right now. there are three or four candidates with a real shot at winning, and certainly bernie and biden are sort of the top two right now battling it out. buttigieg still in there, war and has the possibility as well. >> bill: at later times, the right "tight polls, impeachment, billionaire wild cards, uncertainty rains in the 2020 democratic race." as that summarize where we are right now? >> absolutely. not only in iowa, up in new hampshire as well. it's a similar situation. what we will see tonight's these candidates have really started taking after each other here in the final few days. we've seen bernie and warren tangle, who seen bernie and biden tangle. the iowa voters notoriously do not like negative campaigning. the candidates are going to have

to be careful about when they take their shots and how they take their shots. they really don't want to alienate any voters here in the final stretch. >> bill: interesting there. later tonight the president's in milwaukee, wisconsin. the democrats hold their convention there in mid-july. here's what we find in our fox polling. biden, sanders, warren, buttigieg. they lead the president did not state at the moment. but here is your from 2016. 2.78 million votes cast in wisconsin. president trump won it by 22,700 speak of this classic trunk counter programming. there's no doubt was gone since probably the important state of all the states for both campaigns, for both parties. that's why the democrats are holding their convention there. donald trump, it was a narrow victory. everybody thought he wasn't going to win and they all left

town. this time they will be in there till the end. democrats and republicans poured tons of money and resources and time. >> bill: why do you say that about wisconsin? why not minnesota, why not michigan? why say that about wisconsin, that they are the most critical? >> i think all of those rust belt states are important, but wisconsin might be the most important state. it's considered a tipping point state. if trump can win wisconsin italy the state that puts him over the top in terms of the electoral college. it could go a lot of different ways but there is certainly a huge focus on wisconsin this time around. >> bill: we will see you tonight. tom bevan from chicago today. we will see you in new york real soon. >> sandra: stunning new details and the attack on a kosher market in new jersey last month. authorities saying the attackers had an even bigger plot in mind. >> bill: also, the justice department now saying that the deadly pensacola naval base's shooting is an act of terrorism. details on that and why investigators are looking for

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>> police in new jersey founding a massive bomb inside of a van used by the attackers at a jersey city kosher market about. investigators speaking out on the devastation it could have caused. >> it could have exploded, i would describe it as an antipersonnel. there was shrapnel built into it, abs we've seen with pipe bomb-type devices. it could kill people up to five football fields away. >> bill: both suspects killed after that she doubt, four people killed by the attackers including a police officer. >> sandra: fox news alert, authorities now saying the deadly shooting at a pensacola naval base was an act of terrorism. attorney general william barr calling on apple to now assist with the investigation of the suspects. >> we have asked apple for their help in unlocking the shooters'

phones. so far apple has not given any substantive assistance. we call on apple and other technology companies to help us find a solution so we can better protect the lives of the american people and prevent future attacks. >> sandra: griff jenkins following this developing story for us from washington. griff, good morning. >> good morning, sandra. apple rejecting claims it did not provide assistance in the wake of the shooting. issuing the lengthy statement saying this -- we reject the characterization that apple has not provided substantive assistance in the investigation. our response has been timely, thorough, and are ongoing. the company says they only received requests and generate eighth and had a call with the fbi to provide technical assistance. the fact remains, while the fbi was able to reconstruct the two iphones at the shooter tried to destroy during the rampage that

killed three and wounded eight others, and despite a court order, they cannot unlock the anencrypted devices that apple's help. the frustration is very clear the doj. >> i also want to add that we don't want to get into a world where we have to spend months and even years exhausting efforts when lives are in the balance. >> and the tech giant addressing the need or issue of using backdoors, something they were not willing to do in the past. "today law enforcement has access to more data than ever before in history so americans do not have to choose between weakening encryption and solving investigations. we feel strongly encryption is vital to protecting our country and our users' data." on capitol hill, william barr is getting help from at least one lawmaker -- florida senator rick scott. >> we need to make sure we can open up the two cell phones so we can make sure that this is not somebody that is part of a

cell. >> we could have a standoff in this fight is developing, likely to the courts. it's unclear if congress will consider taking it up to attempt to enforce such a law compelling apple's cooperation. you have to wait and see. >> sandra: griff jenkins, thanks. >> bill: democrats filing and behind closed doors. house speaker nancy pelosi meeting with her caucus as we get a little bit of video from the hill. we have learned now, allow them to go, we learn who will be on the president's legal defense team. what our next steps? andy mccarthy is going to give us a bit of a route on that in the moment. and the queen giving harry and meghan her blessing to step back from the royal duties. so what is next for the royal couple? live in london for the scoop on that today, coming up. ♪ adventure.

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>> i think at the end of this process, these articles of impeachment are going to be thrown out. i think it will end up with a dismissal but with a verdict of not guilty. the way it works in the senate, when you come to vote on verdict, you vote each article and each senator will vote either guilty or not guilty. and the reason why this ends with an acquittal is very simple. the house hasn't met the constitutional threshold. >> sandra: that was a production from senator cotton ted cruz a few moments ago on this program. we are awaiting word now from house democrats for a meeting on capitol hill at this moment, as >> nancy pelosi discusses the next steps in the impeachment process. joining us now, former state u.s. attorney andy mccarthy joining us. great to have you here this morning. we have a lot of questions for you. based on what we just heard from senator -- >> congratulations on those tigers! speech thank you very much! geaux tigers! more on that coming up.

the issue of taking up witnesses, andy, senator ted cruz said he expects a contentious debate over this, about two weeks from now. what do you expect when it comes to witnesses? >> i expect, sandra, there will either be nonor the senate will decide to have a very limited interview of the few of them. the witness thing is really the tripwire, because it's very hard to say you can have both a normal zany, to the democrats, when he would think the president would get one or both of the bidens and the whistleblower. so i think once it gets into witness interviews, the trial gets expansive and can go into directions that are maybe unpredictable. in every criminal proceeding, if we can analogize this to a trial, no case ever starts off when it gets from the grand jury to the trial court with a guarantee that you will hear

from witnesses. there is a whole stage of motion practice and the prosecution has to defend the case. the defense gets a chance to argue that they haven't met the standard. that even if everything they allege is true, it doesn't meet the standard of whatever it is you have to prove. i think that's what the president's position will be here. >> sandra: from what we've heard, it appears jumbled and will be their star witnesses. from republicans you hear from many of them that they would rather skip witnesses altogether. if it is this for that when it comes to witnesses, the democrats want john bolton, republicans can say they want joe biden. so i would republicans prefer to skip witnesses altogether? >> because it's the unknown. witnesses really can't be scripted. there's a lot of scripting that goes on. once the trial actually starts, you don't know what each side is going to ask your witnesses. sometimes things take off in directions that nobody predicted. the other thing to bear in mind,

sandra, while this is all going on, there are a number of things that continue to go on. the democrats are continuing to investigate various strands in the house. there are these cases that are going on in the court with respect to the access to some of the witnesses, with respect to the president's tax return. there is the prosecution in the southern district of new york, which relates to the ukrainian actors who were involved in the facts of the underlying ukraine scheme. if this gets extended in time and space and there are developments outside the parameters of the senate trial, they could end up affecting the senate trial in unpredictable ways. i think that is why people would like to get it done as quickly as they can get it done. >> sandra: top of the air on this, ted cruz predicted the travel and was a crypto mic mike acquittal. here's senator. >> this is the first time any

president has been impeached without so much as an allegation of criminal conduct. they are not alleged in these articles of impeachment the president violated any criminal law. they haven't allege he violated any civil law. they haven't even allege she has a speeding ticket. for that reason, this doesn't meet the constitutional standard of high crimes and misdemeanors. the end of the process will be an acquittal. >> sandra: he makes the case this has not met the constitutional threshold. will they be able to make that case? >> i think senator cruz is right, sandra. people vote with their feet in these sorts of things. if they have a real impeachable defense, wild horses couldn't have stopped nancy pelosi from getting these articles of impeachment at the senate as quickly as she could have, because they would have wanted a trial. they would have wanted to get this exposed as quickly as possible. the problem they've always had

-- and this is the reason why they have flip-flopped from theory to theory. it was bribery, it was campaign finance violation. they couldn't figure out what to call it, because they are feeling the eye test of impeachment. unless you have conduct that so convinces the public the president needs to be removed that it puts political pressure on two-thirds of the senate to transcend their partisan ties and vote to remove the president, you don't have an impeachable offense. >> sandra: finally, only a few moments left here, andy -- as far as the time income of the prediction here from the senator, anywhere from two to 5-6 weeks. we are in an election year, obviously time is crucial in all of this. where do you see it going? >> depends, again, sandra, on this tripwire of witnesses. if the case is dismissed without witnesses, i can see it being wrapped up in a couple of weeks. if you get into witnesses, i think it could get much more extensive.

>> sandra: signaling openness to try witnesses, a lot of that is still in question. we will learn a whole lot more as the morning of the day goes on. andy mccarthy, gray w this morning, thank you. >> thanks, sandra. >> bill: queen elizabeth issuing a very personal statement expressing her support for harry and meghan's decision to step back from the royal duties. amy kellogg as a follow-up the day after. amy? >> hi, bill. there is a real difference in tone between the palace's initial very edgy statement last monday don't like wednesday when they announce her plans, abroad citing with house, quite frankly. yesterday a much softer blessing. although, and albeit with a "wish you wouldn't go" caveat, there is still no further statement of how the brothers are faring after that summit. william was apparently captured taking prince george to school this morning. he was apparently the last two alive at the sandringham summit

yesterday. prince harry got a little extra queen and prince charles time. meghan wasn't on the phone, not on speaker, not on facetime yesterday. it was partly decided by the sussexs that wasn't necessary. here's part of the queen's statement. "my family and i are entirely supported of harry and meghan's desire to create a new life as a young family, although we would have preferred them to remain full-time working members of the royal family, respect and understand they wish to have a more independent life as a family while remaining a valued part of my family." ." it's unusual, as you mention, bill, for the queen herself to issue statement. lynn good despite intermittent and she uses the word "family" eight times. it's seen much more positive about what the future holds for harry and meghan. finally, one season royal water said the first round goes to the sussexs. she went on to say she thinks the royal family is bending over backwards to make them happy. all talk of that no holds barred

interview with oprah pretty much off the table now. >> bill: more to come on that. sandra? >> sandra: you know i couldn't wait for this. the national championship was last night in new orleans. president trump and first lady melania on and as lsu took on the defending champs, clemson. clemson jumping ahead early in the game, came out strong. but once lsu grabbed the lead late in the second quarter, joey burrow of the tigers never looked back. lsu winning 42-25, and there it is. it's the tigers' fourth national title in football, and its first since 2007. go, joey burrow and team! did you see this, bill? here in new york city, lit up the purple and gold in honor of those lsu tigers last night. what a beautiful sight that was, and what a game! >> bill: congratulations. mardi gras will be a blast. >> sandra: obsolete. a parade on saturday,

baton rouge. >> bill: you should go. back up the family, get the station wagon and go. the eight i will be watching. it was so exciting, i know that you took a nap so he could stay up for it. it started at 8:00 your on the east coast. it was a late night. >> bill: both teams were undefeated. a really great matchup for college football. clemson played a great game. clemson beat them the way they did, it was quite impressive. lsu clearly the best this year. speedwell i've been earned. >> bill: where does joe burrow go? is he a cincinnati bengals? i ask you, some of! a world series cheating scandal rocking major league baseball. the houston astros manager and gm fired. we will check in on that scandal. >> sandra: and the gloves are coming off. did bernie sanders tell elizabeth warren a woman cannot win the white house? >> we need someone who will excite every part of the

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>> sandra: major league major le baseball suspending houston astros manager a.j. hinch, and the teams gm, jeff luhnow, for a year for stealing signs during their 2017 world series winning season. the astros' jim crane responded by firing both of them. currently the boston red sox are under investigation for the same

offense. red sox manager alex cora was bench coach for the astros back in 2017. >> bill: back on stage later tonight, we'll get nasty on stage can make elizabeth warren, bernie sanders. lauren singh sanders told her a woman cannot be elected president. she alleges this happened in 2018. a private conversation. she writes this, "among the topics that came up was what would happen if democrats nominated a female candidate. i thought a woman could would not, he, sanders, disagreed. i have no interest in discussing this private meeting any further because bernie and i have far more in common than our differences on punditry." don don't like juan williams, a good day to you. what you make of this? do you see bernie sanders saying that? >> what's more interesting to me is whether or not someone believes a woman can win or not when

the presidents. she scooted on defense she's been slipping in the polls. what you see his bernie sanders has had to go on the attack somewhat. he wants her to go even further into the darkness so you can pick up some of her support. as a result, what you see is some of his surrogates have been making the case that she only appeals to upper income, highly educated voters. that she can bring more of the popular support necessary to defeat donald trump. and that he is a candidate to do that. her response? again, to say he doesn't believe a woman can win. secondly -- and this is important -- to save that's factionalism. that's dividing the democratic party, it's what led to donald trump's victory in 2016. and bernie sanders has a sore spot here among democrats, particularly among people who were supportive of hillary clinton, barack obama. they see him as a divisive -- >> bill: i've got to read this before we get to the breaking news. sanders says it's ludicrous to

believe have the same meeting where elizabeth warren said she would run for president, i would tell eric a woman could not win. it's sad that three weeks before the iowa caucus and a year after that private conversation, staff who were not in the room are lying about what happened on monday." i apologize, we've got some breaking news. to center for that. smitty? >> sandra: fox news alert, fox has been told to expect a house vote to set over the articles of impeachment tomorrow. impeachment managers are not being named in the caucus this morning, and that discussion is ongoing. that is according to our o producer. we will have more for you in just a moment.

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>> sandra: an update from capitol hill this morning, and a fox news alert. fox has just been told to expect a house vote to send over the articles of impeachment to the senate tomorrow. when that happens tomorrow, we do not know still. impeachment managers, however, have not been named in that caucus meeting that happened this morning. discussions are ongoing, although that caucus meeting has concluded. we await a vote, that should happen tomorrow, we are told. >> bill: in the meantime, we've got these deadly bushfires now still burning in australia.

video captures firefighters driving through the southeastern part of the country. a wall of flames on both sides of the road. meanwhile, for the westin melbourne, a tennis player collapsing in a coughing fit during an australian open qualifying match. sick smoke from the bushfires affecting air quality. the officials are facing a bit of heat from both players and commentators were allowing play at all, so they will have to figure that out. >> sandra: meanwhile, a new ruling leave cities for less options for dealing with the growing problem of homelessness. the ninth circuit of appeals ruling governments cannot move or punish a homeless person for sleeping outside in the public when shelters are full. dan springer is following the story for us live from seattle this morning. >> with the ninth circuit they ruled that removing almost people from parks his crew and unusual punishment

in recent years, a number of people living intense on public property has increased dramatically. the almost publishing in los angeles alone is up 16% in just the last year. in san francisco there are 1,000 people on waiting lists for homeless shelters. in response to the crisis, many cities have passed laws making it illegal to camp overnight in public property. it was aimed at the people's park where almost cap of 75 tons and hundreds of people covered the entire park. the city enforce its law and remove dozens of people. >> as long as we providing shelter space or permanent housing for those individuals, that's better than sleeping outside. >> camping bands can be enforced as long as they're sheltered space for all the almost effective. so to be in compliance with the court ruling, many cities are opening more shelters and supporting private groups and churches that run shelters. tacoma also spent close to $400,000 to build and run 22

tiny homes. homeless advocates say cities should not criminalize homelessness. >> no one is disagreeing that people should not be living in parks and public places. they should not be. but you've got to have an alternative. >> in big cities like los angeles and set for cisco, it'll be nearly possible. too much homeless and shelter space. but homeless camps are being swept. sandra? >> sandra: dan springer, thank you. >> bill: fox news alert right now. in few moments to hear from both sides, democrats and republicans the house. bullies were in a moment ago, perhaps a vote tomorrow in the house. that's the schedule. texas senator john cornyn is our headliner. we'll get through all this in a matter of moments. come on back on tuesday. my psoriatic arthritis pain? i had enough! it's not getting in my way. joint pain, swelling, tenderness... ...much better. my psoriasis, clearer... cosentyx works on all of this.

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>> tech: hi, i'm adrian. >> man: thanks for coming. >> tech: oh, no problem. >> tech: check it out. >> man: yeah. they came right to me, with expert service where i needed it. that's service i can trust... no matter what i'm hauling. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ >> sandra: fox news alert, house leaders from both sides of the aisle facing the media at this hour as democrats work on the next steps for impeachment. anybody's guess but those are. welcome to a brand-new hour of "america's newsroom." i'm sandra smith. >> bill: and bill hemmer, good morning. major decision had for democrats. speaker pelosi wrapping up a meeting moments ago with her caucus, a vote to send the impeachment articles to the senate is expected to go down tomorrow. also on tap and so up in the air, choosing impeachment managers. who from the house represents in the senate? senator ted cruz had this to say last hour here on

"america's newsroom." >> i think the outcome of this case will not be dismissal, it will be an acquittal. whether witnesses get called depends on whether there are 51 senators who want witnesses to be called. my view is, if we call witnesses, it needs to be fair, he needs to be evenhanded, it needs to respect due process. >> bill: so there. senior capital help producer chad pergram getting ready for a big couple of weeks. good morning, we started a brand-new hour now. good morning there. >> good morning. as you see this stream of lawmakers coming out of the democratic caucus right behind me here, house speaker nancy pelosi indicated two things they would probably vote tomorrow in the house said the articles of impeachment over to the senate. she did not name the impeachment managers this morning and the caucus meeting. that is something we expect to happen tomorrow. new votes in the articles of impeachment, it is one package bill. you put everything together, you name your impeachment managers, and descended over to the

senate. one thing that also has to happen is the senate must adopt a resolution indicating it's ready to receive those articles of impeachment. so tomorrow seems to be the optimal day. we talked earlier with judy chu, democratic congresswoman from california, about the delay sending the articles of impeachment to the senate. listen. >> i would have wanted to have a clear indication that there will be witnesses, especially people like john bolton saying they would testify. i think it is time to move on. >> again, i ask a lot of the members coming out of the caucus meeting here in what we call "the ugly hallway" because it's ugly, bill -- a lot of the members, if they were disgruntled with the delay. they repeatedly all said no. they said everything was fine. they were okay with waiting to send the articles over. with that means is the senate may not actually strike the meat of the trial until next week. we have added that is the senate will probably -- maybe thursday, possibly friday, maybe next week, have opening day.

that's where the impeachment managers walk over, there's a big period of the patient managers, plus the back of the articles of impeachment in boxes and walk them to the senate. the present the managers to the senate, they rea read the artics allowed, than they might not do anything. if you go back to the model of president clinton in 1999, it took about seven days from the first sermon in the opening of the trial to when they got to the meat and potatoes. keep in mind these impeachment managers have to go don't like divide this up. we would think that universe of managers would be much smaller. there are 13 managers with president convince trail in 1989. the other issue is with the senate is going to do about witnesses. they have been softening about hoping to hear from witnesses later on. they have their lunch in about 1:00 this afternoon, we will hear from mitch mcconnell, the minority leader , and majority leader chuck schumer later

this afternoon. it's big on capital when it comes to impeachment. >> bill: hang with us one moment to listening to ted cruz, sandra and i listen carefully about how he lays out what he sees as the process unfolding. he said the president's lawyers will get a chance to make their case. if the house managers make their case on the president lawyers make their case, could mitch mcconnell then go ahead and put the articles on the floor and get an up or down vo vote? that early in the process? is not possible? >> you can conceivably do anything with 51 votes when you get to that process. everything, bill, that the senate has to do is approve a second resolution. that's 24 hours for the prosecution, 24 hours for the defense, and 16 hours for questions. if you are going to deviate from that model once it's been agreed to, you have to have a separate vote. everything that applies here is there are 26 senate rules.

that trumps everything, frankly. if you don't have that vote to set up the contours, the perimeters of the trial, that's what you go off of. if you don't have 51 euros even for that, you revert back to the 26 -- >> bill: the reason we bring this up, ted cruz was -- think you come aloud always behind you. >> sandra: let's get to our aid teams. host of "the next revolution, jeanne zaino, political science professor at iona college. there she is, and senior advisor anna palmer is here, coauthor of "political playbook." we are awaiting on kevin mccarthy. we'll bring that in. steve, we did learn a lot from ted cruz at the top of the hour, about what this ultimately could and will look like. >> yeah, he's actually making the point in a very polite way that i'm going to make a bit more bluntly. this whole thing is a total

pathetic pointless waste of time. if you think about the real problems in real challenges facing american people today, what are the geniuses in congress going to spend the next few weeks on? yet another parade of random ukrainians and pompous bureaucrats, a story that doesn't really affect anyone's life and doesn't make any difference to anything, reading leftovers from the back of the fridge for meat weeks ago and serving it up for dinner. this is not what people want. get on to solve real problems. this is why people have such little respect for politicians. >> sandra: andy mccarthy, ted cruz, and other suggesting this could go on for six weeks or so. >> it could. bill clinton's try went on for 37 days. we are now what, 20 days out of iowa? this thing could drag through all of february in my mind. we could see the nevada caucus before this thing wraps up. i would say that in addition to steve, the people who don't like it would be elizabeth warren and

bernie sanders. two of the senators on the top of the democratic primary list, who are going to be sitting six days without talking in the senate. >> bill: what are you hearing, and i? >> just because they don't like it doesn't mean they don't think it should go forward. this is the process they are laying out. i actually think, while senator cruz says it may be an acquittal, there will be a robust discussion witnesses. we are already starting to hear rumblings about senator lisa murkowski. if susan collins and other republican starting to say, "maybe we need some witnesses." >> sandra: what he think of the comparisons of the clinton impeachment process, with monica lewinsky, and when it comes to the key witness being john bolton, mitt romney says he wants to hear from john bolton. here he is. speak of the clinton impeachment process allowed for witnesses to be determined after the opening arguments. i'm comfortable with that process. i would like to hear from john bolton, another witness with direct information. but that process will accommodate that. the speeds they are growing

calls for that. >> bill: i think it's an important part of what he says there. clinton allowed for witnesses to be determined after the opening arguments, which takes you back to the whole point that ted cruz is making. you can present your case is here. maybe there are no witnesses. he is saying anywhere from two to six weeks. are you following me here? >> yes, but -- >> so the possibility come up or down vote, is he guilty in article one are not? if you don't get 67 votes, he moved to article two. is he guilty or not? that's where this scenario of a two week process is possible. >> it's possible, i don't think it's likely. i think there will be an appetite among republican senators like mitt romney to have other witnesses. i do think this john bolton, everybody wants to hear from him, is a red herring. they said they don't want him to testify. that will end up in the court. i do think there could be other witnesses that do come forward.

>> sandra: steve? >> i just can't summon up the energy to get right back to the conversation. just remember all of those weeks that were dominated by all this stuff. the ambassador who said what on which phone call. it's a complete joke, but we have to live through it all over again. speed because the house did vote to impeach. >> of the whole thing from start to finish is a political stunt. it's basically a long, drawn-out version of the democratic party ad, and they are wasting your time with it. they are abusing the constitution with it. >> what we are likely to see is a lot of discussion on process and a little, if we get any live witnesses i would be surprised. but we will see a discussion on process, in part -- as she mentioned -- the republicans and those with moderate states want to make sure their constituents know they are taking this seriously. >> sandra: kevin mccarthy, news conference. let's dip in and listen. speak of those four senators running for president will no

longer have a voice. interesting to me if i'd see the democratic national committee asked those who are not senators do not campaign while the others cannot. i know what happened four years ago. something no one thought would, that the head of a complete party, of the democratic national committee, resigning the day before -- actually, the night -- before the nominating convention. why? because emails came out to show that one of the main campaigners, senator bernie sanders, was cheated. they had a process in there where they have superdelegates. superdelegates are the insurance policy for the establishment to determine who can become the nominee. because of this horrific act, the democratic national committee actually removed superdelegates on the first round. so senator sanders actually has a chance to win. but not now that nancy pelosi has held these documents. there was nothing gained, it

goes against everything she said. but if you look of a true political nature of why, to harm one campaign and give benefit to another. the only rightful thing of joe biden was to make a pledge not to campaign, but bernie sanders cannot after with the democratic national campaign done on that committee had done to his campaign a few short years ago. i will open it up for questions. yes, ma'am? >> reporter: [indistinct] do you think that's the right move? >> look, i leave it up to the president. the speaker controls the invitation of when it comes. we have watched the politics before, and we know how weak this impeachment is. i think the president is above it all. if the president decides to come during that time, rightfully so. every time the president is given the state of the union, i think it's been overwhelmingly uplifting to this nation. the guests that he brings, the

compliments we've been able to bring together. i would have hoped that, had the speaker actually moved the documents when she said she would come of this would not even be in question. yes, ma'am? >> reporter: can i get your reaction to the comments made by canadian prime minister justin trudeau yesterday? he sat down for an interview and said had tensions not escalated in the middle east he believes the canadians who died in that ukrainian plane crash would be at home with their families. i'm just wondering if i can get your brief response to that, as well as growing concern in canada that the escalation of those tensions is the reason why they are so many dead canadians. speak of the reason why there are 106 people is because iran shot a missal and shut down a commercial liner. the reason why anything escalated, because iran went and bombed tankers. iran shot down a u.s. drone. iran did something much different, killed a u.s. citizen. iran went and attacked our embassy. so yes, i agree that iran is

escalating things in the middle east. i think for one moment in time, for one snapshot here, you have to sit back and give this president credit. yeah, what happened, iran for the first time at the escalated. which they had not done in the last year. trudeau is right about what iran has been doing. iran is wrong, and that's why that resolution should be on the floor. that's why that resolution should pass. report about can i ask a quick follow-up? he said tensions, he didn't specifically say the iran or u.s. my other follow-up is that justin trudeau said in that same interview he would have preferred if the trump administration had given canada a heads up that there was going to be a strike targeting soleimani, given canada has troops in the region and is a partner in the coalition to fight isis in that region. do you think canada should have been given a heads-up? >> i think soleimani should have been killed. i think more than 600 gold star families believe the same thing. i think it should have happened a long time ago.

i think had soleimani been held accountable for his actions for the decades before -- speed you've been listening to g.o.p. leadership on capitol hill, now taking questions from reporters. kevin mccarthy making the case that nothing has been gained by nancy pelosi holding onto the articles of impeachment. we know now that they will not be a vote today. that is going to happen tomorrow. on the 2020, kevin mccarthy, r18 sitting with us this morning. he made the case is hurting democrats. is it hurting bernie sanders? >> i think it's too early to say that this is hurting. i think there's less coverage than it would normally get, but if you look at iowa and new hampshire those voters do take this seriously. i don't think it has hurt them yet. but i do think if bernie sanders and elizabeth warren sit there for six days without talking, and they are taking -- or six weeks, they are taken off the campaign trail, that can have impact. >> sandra: because they are talking now. [laughter]

c7 "des moines register," from the every day, "21, 17." monmouth pull out today. got biden, sanders, buttigieg, and warren. for people in both poles dominating. >> yes, and it's interesting to see bernie and elizabeth warren take the gloves off, as it were. although there's not a strict overlap, it's pretty clear that they are aiming for the same kind of audience within the party. the difference, i think, is that bernie built a real movement behind his campaign last time. that movement has been there all along. you can see that coming out now. the thing that makes me laugh in this recent spot is that you see the same tactics from the democrat party establishment over and over again. even comparing it to what happened with president trump. in the last 24 hours there has been this thing trending of "refund warren." that if you donated to her, get your money back because she's

been trashing bernie. and now the establishment and the democratic party are running around saying it's the russians. with the russians no intervening on bernie's behalf because the russians of course control everything that doesn't happen to fit with what the dnc wants. >> bill: to both ladies, what do you make of what elizabeth warren has alleged about bernie sanders suggesting woman cannot win? >> i think the sexism on the campaign trail is something that has been a key tenet for democrats when they look at how they will run against donald trump. i think she is alleging this meeting -- obviously it's a private meeting so nobody knows exactly what happened, but this is going to be something as long as they're fighting against each of fit we will continue to see. speed by the way, he is denying that. he is saying it's ludicrous to believe he would've said that to a woman considering running for president. >> i think it's ludicrous he would have said it, but i do think that if elizabeth warren loses it has nothing to do with the fact the democrats are not prepared to elect a woman. that has to do with the fact that she has flipped on a few key things, including health care and including most recently her response to the

soleimani killing and other things. she was running a great campaign except for some things early on until this started. i don't think it has to do with her gender. it's because she has showed all through her campaign, you can't trust what she says. on policy come on her own background. she keeps saying things that are not to be true. >> authenticity matters whether you are a woman or man. c7 ten seconds are up. >> i can't stop! [laughs] >> sandra: protests in iran against that country's regime. will those protests change how some democrats are talking about president trump? we will speak with democratic massachusetts congressman seth moulton. he will be our guest after this. >> we now enjoy a great position of strength regarding iran. we have reestablished deterrence, but we know it's not everlasting. the risk remains. they are determined not to lose that deterrence. in all cases, we have to do this. we have to do this to defend freedom and liberty around the world. ll aas possiblerans

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>> sandra: some other top stories we are watching for you this morning, the death of an 11-year-old boy rocking a small town in sacramento. roman anthony lopez witnessing saturday morning and was later found dead. little information being released on how his body was discovered, but his death is now being investigated as suspicious. plus, new legal claims blaming the owner of the scuba diving boat for the death of 37 passengers off the coast of southern california four months ago. attorneys representing the families of those who died say the negligence of the boat owners and captain cause their death. and to venice, italy, the famous canals there nearly dry just two months after severe flooding left much of the city underwat underwater. boats have been seen almost beached as water levels dip drastically.

>> bill: the latest in the streets of tehran and elsewhere demonstrators railing in the states for weeks, blaming the regime for the shootdown of the ukrainian passenger. massachusetts congressman seth moulton, member of thousand armed services committee, also served several tours in iraq. good morning to you will come back here to "america's newsroom." what is your sense about what the iranian people and how they take their leadership today, sir? >> this is exactly what we wanted to see. we want to see them protesting this regime, and telling the regime that they need to stop being so hard-line. the problem with the president's actions over the last few days, the last few weeks, is that it has empowered the hard-liners. but this is the good thing, we want to encourage these protests, we want them to keep going. >> sandra: that's good intentions in iran, to place blame on the president.

what do you think about whether or not we are safer today as a result of the death of soleimani? >> look, i am someone who thought iranians on the ground in iraq. soleimani is an evil man, he's got american blood on his hands. i'm glad that he's dead. but it was not a smart strategic move for the united states. we have had to stop our counter ices campaign in iraq because the troops are hunkering down just waiting for iran's retaliation. we have not advanced the administration's stated goals with the iran policy to deter regional aggression. it's increasing. to stop their nuclear weapons program, they've restarted it. and to bring iran to the negotiating table, they've never been farther away. so you just can't look at the administration's own criteria, their own policy goals for iran, and say that this has been successful. even though we are glad that he's dead. >> bill: in your first answer you say the president's actions have emboldened the hard-liners. how is that possible when you see tens of thousands of people

and a dozen different cities across iran who are giving the hard-liners a tough time? >> because they are protesting the iranian downing of an airliner. they were just out at soleimani's funeral. hailing him as a hero. and he's the hard-liner of all hard-liners in the running government. of course they are, but you're asking a question -- there are two different things happening here. it's not that complicated. they liked soleimani when he was killed, now they are angry at the regime that they downed an airliner. what we need to do is only things that make them angry at the regime. we did them a favor. we made soleimani into a martyr, and that is not helpful to our cause. the fact that the iranians are protesting today, though, is a good thing. >> sandra: what's the solution, sir? what is the strategy uc to ease tensions with iran? if you don't see what's happening today working. >> we need to get them back in the nuclear deal.

the trump administration keeps saying they will bring iran back to the table to get a better nuclear deal. there is no evidence that's happening and they don't have a plan for what that looks like. but the europeans are right now talking about increasing sanctions on iran because they are violating the terms of the nuclear deal. we should support that. we also need to give them a clear path to improving their behavior in exchange for releasing sanctions. so iran knows what they need to do to stop regional aggression, to stop supporting terrorist activities, in exchange for sanctions relief on our part. the maximum pressure campaign isn't doing any of that. it's just pushing iran into a corner with no way out. that's my regional aggression is increasing, not getting better. >> bill: can we conclude that at this point, sir? the economy has been wracked, its own 10%. you can argue that's recessionary if not worse. that they have successfully isolated iran, that even the leadership cannot anticipate? >> just look at the administration's own stated goals here. to stop the nuclear program,

they've restarted it. to deter regional aggression, there is way more regional aggression from iran today all across the middle east than there was under the nuclear deal. they have also talked about how important secretary esper said we've got to continue the counter isis campaign we can't let this thing with iran derail that. but it absolutely has, we have literally stop to the campaign in iraq and we know how important that is. not just for iraq but our own national security. they are trying to kill americans across the globe. we cannot let up the pressure there. >> sandra: congressman seth moulton, we appreciate your time. thanks for coming on the program. >> bill: thank you, sir pre26 past the hour. >> sandra: the house expected to send the articles of impeachment to the senate tomorrow. that's the latest word from nancy pelosi. so what shape will this try will ultimately take, and will there be witnesses? senator john cornyn is our headliner today. he will join us live next. >> i hope they dismiss this and we get an acquittal right away.

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>> leader mcconnell and the republican leadership have labeled the democratic requester witnesses and documents as "political." if seeking the truth is political, if viewing our constitutional duty is political in the minds of our republican colleagues, than the republican party is in trouble. >> sandra: the senate's top democrat there making the case for witnesses and new evidence in the impeachment trial against the present. house speaker nancy pelosi this morning meeting with her caucus, preparing for a vote tomorrow now, dissent over those articles of impeachment to the senate. and a name impeachment managers. it's time for our headliner this morning, texas senator john cornyn joins us, the republican on the judiciary committee. good morning and thank you for being here. we appreciate your time, senator. can you let us know first this morning what you are learning about nancy pelosi and the next

moves on the part of the house to send over those articles and start to see the trail take shape? >> sandra, first let me just say i appreciate senator schumer's advice and counsel to the republican party. i know he cares deeply about the welfare and well-being of the republican party, so -- in all seriousness, he's done a supreme flip-flop from his position during the clinton impeachment hearing. to your question, it looks now like speaker pelosi is going to wait until after the democratic presidential debate tonight to vote on the articles of impeachment, employing impeachment managers. the next order of business, they will come over to the senate, get sworn in, so the p luminaries. the senators will be sworn in and i assume it will be sort of the day after the martin luther king holiday. >> bill: is the debate significant in weight of the vote tomorrow? what are you suggesting there? >> it just seems ironic that speaker pelosi now i think has sat on the articles of

impeachment for 28 days and she wants to wait one more day in deference to the democratic presidential debate. she knows that this looks really bad, because after saying it's compelling and urgent, a constitutional matter, sitting on it for almost a month, i think it undermines our most basic argument. >> bill: on the topic of witnesses, do you want witnesses or not? >> sure. there are different forms of witnesses, bill. there is sworn testimony, 70 witnesses i think you testified under oath in the house. that will be transcribed and available for the impeachment managers to present in the senate. we are going to vote after both sides have had a chance to make the presentation on whether they should be additional witnesses beyond what the president's lawyers and the impeachment managers want to present. just as there was during the clinton -- >> bill: in december you warned of unintended consequences of having witnesses. i think her words were "witnesses say

the darndest things." what do you mean by that? >> [laughs] i spent 13 years of my life as a state court judge in texas, and they can be unpredictable. that is why i think people need to be careful about this notion of presenting brand-new live witnesses during the course of an impeachment trial. but there are different ways to present witness testimony. there will be witnesses that will testify for both sides. i just don't think we should have a continuation of the circus-like atmosphere we've seen in the house. >> sandra: senator, can you add to how this is all going to work and play out here? you are estimating the day after martin luther king day. ted cruz joined us earlier. the way he lifted out, both sides will present their cases initially. there will be opening arguments from the house managers -- of course once nancy pelosi names them, potentially tomorrow. the white house defense team make their case, then questions from senators are written down, given to the chief justice, because he will then pose those questions. how can you add to that anything

that you can give us more color on how this will look and play out? >> this was the agreed template for the clinton impeachment. 100 senators who voted for that, and we figured what is good for the clinton impeachment is good for the trump impeachment. but yes, the additional witnesses will be available if 51 senators believe they need more information after both sides have had a chance to present their case, and senators asked questions. the fact may be that the facts aren't all that disputed, and the only question is, given this set of facts, does that rise to the level of a high crime and misdemeanor under the constitution and justify the end each meant, the conviction, and the removal of a president 11 months for the next general election? i am very skeptical, as you might know. but that is the way i think this is going to go forward. >> bill: rand paul shot this out yesterday. "my colleagues can't have it both ways, calling for some and walking for others. if we are going to give a platform to witnesses the dems demand, i will look forward to

forcing votes to call hunter biden and many more." do you agree with that? yes or no? >> well, i don't disagree with that. senator paul can introduce a resolution, 51 voters don't like senators vote. they will be available. i just don't believe it's likely to be necessary after both sides have a chance to present their case, and the senators have a chance to ask questions. i don't think the facts are that disputed. >> bill: on that point, do you believe the president will be acquitted? yes or no. >> yes. >> bill: okay. is it possible then that after each side present their case that mitch mcconnell could call for a vote on article one, up or down? and then call for a vote up or down on article two? if you see that as a possibility, this trial could be done within two weeks. is that possible, sir? >> i agree with that, bill. it just depends on whether the senators feel like they've heard enough. if it gets repetitious, if there

is nothing additional in terms of the facts. we know what the facts generally are already, so i don't think there's much mystery about that. it's people's' interpretation of the facts and what rises to the level of an impeachable defense. offense. i think those are the principal questions we need to answer. >> sandra: it seems like it will come down to a contentious debate over those witnesses. john bolton could be the start witnesses for democrats. what happens if that's the case? >> senator schumer knows exactly what will happen. the president will not be convicted and he will not be removed. so his sole purpose is to try and present difficult votes for senators who are running for reelection in 2020. that is his solitary focus. that's all about politics. that is not about the serious matter of impeaching a president. >> bill: senator, thank you for your time. john cornyn, we will speak again in the coming days. >> sandra: thank you, senator. >> bill: do you have a prediction? is in a week, two weeks, month and a half? how long? >> i give it three weeks. >> bill: we will be watching

here for. thank you so much, sir. good to see you. 20 minutes before the hour now. this could be a major headline tomorrow. the president now getting ready to sign phase one of the deal with beijing. what's in it, smitty? >> sandra: plus, california governor gavin newsom saying he has a plan to fix the state's homelessness crisis. just how much is it going to cost taxpayers? moneyman charles payne! there he is. good morning! ♪ >> no one is disagreeing that people should not be living in parks and public places. they should not be. but you've got to have an alternative.

>> a big day at the white house tomorrow is president trump is set to sign phase one of the big china trade deal. what is the plan, and our markets directly to all that this morning? fox business networks charles payne, host of "making money with charles payne," is here. charles, good morning. phase one. what is new here? were to be need to know, what's happening? >> there is still some interpretation and a lot of people want to go through. the key thing here might be beyond the different purchases that china is committed to doing, cracking down on forced technology transfers. a lot of that is in phase one, the speculation was it would not be in phase two. obviously the questions, how to be checked the questions that are asked by folks, light eyes are, who wasn't involved in these deals going back to reagan, and steven mnuchin also going to these negotiations. they wanted to check them off.

they understood their hurdles, feel very confident, comfortable that we've made a major -- we have a much better ability now to make sure that china is living up to their end of the deal. >> bill: you think that? >> oh, yeah. a lot of that comes from phase one. the cracking down on forced technology transfers comes in phase one. what's interesting, about two hours ago i saw a report that i've got to dig into. the united states, european union, and japan are all pushing for tougher rules from the world trade organization on industrial subsidies paid why do i bring that up? before this whole thing started, one of the police from a lot of people, china is doing the wrong thing. but when we usher, get our allies together and then attack them together? that would have never happened. but on the day we are going to sign phase one, the e.u. steps up, japan steps up, no they are willing to go to the world trade organization and demand for tougher rules against tran and the subsidies of industries. i think this is the way it had to go and it's going the right way. >> sandra: how is the market reacting to all this, by the way? the dow up 71 points, still

sitting near record highs. >> this morning that earnings reports out from jpmorgan, absolutely phenomenal. delta airlines, absolute phenomenal. what do both companies have in common? being driven by the american consumer. it keeps going back to a strong u.s. economy, a strong, confident american consumer. that's what keeps driving these markets. >> bill: was going on in california, this new idea about the homeless and how they can tackle it? >> what's interesting, would president trump talked about somehow interviewing, a lot of folks including governor newsom were sort of open arms. of course they would love to take government money, federal government money, but now they are saying, "hey, maybe we'll do this on her own, maybe we will mandate." of mandate by counties and cities to find homes for the homeless. so they will spend another year or so studying the project. everyone will submit their own potential plans. but it could be an absolute disaster. i mean, we are talking numbers well in the $3 billion, for being dollars, $5 billion range.

will they put them in homes that cost $500,000? someone down the street will say, "well, what the heck?" it's an unmitigated disaster. >>cities and counties to supply the housing? isn't that d methods to it. i'm not sure to what degree it's being done, but the idea is that every single homeless person must be housed. right now california has 156,000 homeless. about 92,000 of them don't live in shelters at all. so it's a huge undertaking. it doesn't get to the core problem of how people become homeless, how people become hopeless. how do people have it so bad and the richest state in the country? it does get to that real issue, which i think they should be focused on. >> sandra: charles payne, we will see you. >> bill: in a moment here, medical diagnoses landing a teenager in a psych ward. her parents accused of medical abuse.

five years later, the family is back in court challenging the hospital that held her for a year and a half. what is behind their lawsuit? in a moment. >> i just want her happy, and try to get back to where she was before all this happened. i am trying so hard to get her back to that. here's record-breaking news for veterans. va mortgage rates have dropped to near 50-year lows. newday usa can help you refinance your mortgage and save thousands a year. i urge you to call newday usa now. they get that no two people are alike and customize your car insurance so you only pay for what you need. what do you think? i don't see it. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

>> she went from skating, running, taking gymnastic lessons, she could do back flips, cartwheels across my backyard. it's just like starting over from a baby moving all the way up to getting her to walk again. >> sandra: a case that attracted national attention back in the news today, as a family of 18 forced to go to a psych ward after a medical diagnosis. let's bring in criminal defense attorney bob bianchi. give us to live the land of this case and what's happening here. it's because she was at tufts medical center 2010 it had a number of doctors who said she had a rare cellular disease that they were treating her for her. in 2013, she went to boston medical center because she had the flu, and the doctors there said, "you know what? we've made t a determination tht all those treatments were wrong.

she has a psychiatric condition and that's the reason for problems." they want to remand her into a psychiatric facility. when the parents made the real don mcnair request to say, "we want to go to another hospital and another doctor," the answer was don't act on my contacting the division of family services and getting an order from a court so she was then put in a locked down psychiatric facility, denied her medications for her physical condition that she had been treated for for years, and it took the parents 16 months, i believe, approximately to fight through the courts. interestingly, the child protective services eventually reversed its decision and said she could go back into the custody and care for parents and the doctors they want. in the meantime, she lost all those meds, she is unable to walk, she has to be rehabilitated. i live with the father said to me, which was really amazing. that he is going to pass a law or try to pass a law where hospitals can no longer use

child protective services under their wing man to take children away when there's a dispute. >> they are claiming malpractice in this latest lawsuit. is there a case? 's because they do have a case for malpractice paid civil rights violations and medical malpractice. unfortunately it's tough legal case. i'm not saying they can't win it, but the reason is the law says the doctors that they are suing had to have acted at the lowest level of acceptable medical treatment in order to be liable. that is a very difficult thing. we talk about tort reform before, a lot of plaintiffs were against it because they thought it prevented people from having viable lawsuits. those protections in the tort reform law make it a difficult legal case. on the facts of this particular case, they've got a shot. >> bill: bob, if the hospital says, "so-and-so, such and such patient, family member should be submitted to a psych ward," what

are their rights as parents to say, "we don't want that for a kid?" because you do it these parents do. you go bankrupt as you try to go through the courts. that's what happened, they went bankrupt trying to fight this. you know what? i do have two personal experiences where they were differential diagnosises given. one was my wife. they were saying this is what the situation is, what turned out she was on every medication possible. every expert said she have a problem, give her a pill, give her a pill, gave her a pill. in the end a great diagnostician figured out was from a broken ankle and all she needed was physical rehab. not trying to malign the medical profession. i have a lot of regard for them. but sometimes they go into a pigeonholed idea that this is what the diagnosis is, come hell or high water they are going to stick with that. >> bill: whatever rights of the family members to say that they don't want that? >> unfortunately the rights for them, they have to go to court and try to convince the court. you bring up an interesting

dynamic about what's really going on in the real world. a hospital contact the division of family services and says that this child is in need of these services and the parents are denying it. well, that then goes to court. the court listens to what that hospital said in with the division -- >> sandra: but they won't then get a second opinion from another medical professional? >> we they do in most instances. one says it in the everyone -- what does the division of protective family services do taking the child based on medical diagnosis when they don't have the medical expertis? the state has done something interesting. based on the suit they decide they are going to have a team of doctors and psychiatrists in massachusetts to ensure this doesn't happen again. >> bill: very interesting story. thank you for that. later tonight, prime time, democrats back on the stage. smaller states, more opportunity perhaps? what bernie sanders' accused of saying to elizabeth warren a year ago in a private

conversation. karl rove had to break all that down, coming up shortly, top of the next hour. liberty biberty- cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> man: what's my my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me. >> tech: hi, i'm adrian. >> man: thanks for coming. ...with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪

>> sandra: to the impeachment battle heating up as fox news learns a house vote on sending over articles of impeachment to the senate is now expected to happen tomorrow. welcome to a brand-new hour of "america's newsroom." it was a late night last night, watching that game. i'm sandra smith. >> bill: you are writing high! good for you. i'm bill hemmer, tomorrow, the d impeachment trial of an american president in u.s. history as we learn more about who will serve on the presence defense team in the senate. both sides sounding off just about an hour ago. >> we are going to keep the focus on the stunning, corrupt abuse of power engaged in by donald trump, who pressured a foreign government to target an american citizen for political

gain. >> obviously after saying for months and months it was urgent that president trump be impeached, the speaker of the house then sat on the articles for many, many weeks, unclear exactly what she believed she accomplished. >> sandra: we have live team covered this morning. john roberts standing by the white house. to be enough mike emanuel on capitol hill this morning. a lot of activity there. mike, good morning. >> sandra, bill, good morning to you. big stuff tomorrow without sending over those articles of impeachment to the senate. there's also a dissipation about which lawmakers will prosecute the case in the senate trial. >> obviously people like adam schiff and jerry nadler are very great candidates, because they've done such a magnificent job on the hearings themselves. i do hope for a diversity of people and for people who have been very much involved in the committees of jurisdiction. >> house speaker nancy pelosi has held the articles of impeachment against president trump for weeks,

hoping to have some leverage over the senate trial. a short time ago, the house republican leader called speaker pelosi's stall tactics but paid waste of time. >> i just heard from speaker pelosi, that she will be moving the managers, which we have hoped for months ago. i know within her own leadership there were questions about why she held it. no one questions about which again. it was nothing. >> a senate democrat continued the call today for witnesses in the senate trial. >> we must hear from those people who were in the room. let's see those documents that haven't been shared, but .>> today a key senate republicn called the case democrats are sending over the weak case. >> they have not alleged the president violated any criminal law. they haven't alleged he violated any civil law. they haven't even alleged the president has had a speeding ticket. >> there may be some preliminary

action in the senate this week, but most sources expect the substance of the trail to get going one week from today. sandra, bill? >> sandra: mike emanuel, thank you. >> bill: also this morning we are learning who will be on the president's legal team, who you will see during the senate trial. john roberts has that story from the north want today. john, good morning. >> good morning to you. it's the same team we outlined a number of weeks ago, that team now getting ready to go to trial as soon as next week. the white house counsel pat cipollone will be taking the lead on the arguments for the president along with jay sekulow, his personal attorney. they will also be assisted by two white house deputy councils, michael purpura and patrick philbin. we couldn't find a good photograph of either one of them. sources also tell fox news the possibility of alan dershowitz joining the team for at least part of the trial, still being seriously discussed. white house officials are confident that through this process the president is going

to be exonerated. here is west principal secretary hogan gidley from "fox & friends" this morning. >> it has nothing to do with the rule of law by any stretch, because articles they came up with don't actually cite any crimes. it's just to try and smear this president because they know you can beat him at the ballot box. i am well aware it's difficult to run against somebody who has a booming economy, who has destroyed the isis caliphate, who is taking out terrorists left and right across the school. that's no reason to overturn a free and fair election just because you have the president i don't like the fact he is so successful. >> the president has come to embrace the idea of dismissing the case, but the way it's going to play out in the senate is at the house managers will present their case and the president's council will make their case, then a possible motion to dismiss will be entertained. this morning senator ted cruz saying that a vote of not guilty is what he is expecting. that rather than a dismissal

would be better for the president. listen here. >> dismissal for was that without reaching a verdict it. a verdict is going to be not guilty because on the face of it the articles of impeachment don't meet the constitutional standard. it's a much better outcome for the president to be acquitted of these charges than simply a dismissal. >> now nancy pelosi has the articles of impeachment over to the senate within the next couple of days. mike emanuel mentioned that a trial could begin as soon as one day next week, and that is when the president is scheduled to be in davos, switzerland, for the big economic conference there. white house sources tell me at this point there is no discussion of canceling the president's trip. there is some thinking here at the white house, bill, that it would be better for the president to go on that trip even if the trial is taking place because the president could say that he is continuing to do the business of the country while democrats are trying to take them down.

bill? >> bill: thank you, john. john roberts on the north lawn there. talk soon. >> bill: dome xp let's bring in our political panel. matt schlapp, capri cafaro. good learned to both of you. capri come i will start with you first. kevin mccarthy made the case in the news conference this morning talking to reporters that pelosi has gained nothing by waiting to hand over those articles of impeachment. your thoughts? >> i think it was a real gamble on behalf of speaker pelosi. i think it's been widely reported that there have been democrats within her own conference that have been getting a little bit antsy saying, "we need to get this done." both on the house side as well as the senate side. i know a few days ago speaker pelosi had a press conference where she tried to outline some of the things she believed she gained by holding back that transmittal of the articles of impeachment, including some additional information coming out, emails that had recently been discovered. and that sort of thing. ultimately, from a political

standpoint, it has been risky. now what we are seeing is democrats being put in a situation where it looks like they are pretty solely politically motivated, which is not a place we want to be coming into the 2020 election cycle. >> sandra: we await the vote happening to an hour. we learned that just a short time ago. when it comes holding onto those articles of impeachment, some democrats have made the case that that has worked in favor of democrats and nancy pelosi. hakeem jeffries went on another network this morning making the case that now because we've got these for g.o.p. senators, their showing willingness to call witnesses. that proves nancy pelosi was right to do that. here is hakeem jeffries. >> mitt romney but also susan collins and lisa murkowski publicly indicated that they want to see a fair trial. that's progress that had necessarily taken place. had we immediately sent over the articles, mitch mcconnell may

have attempted to dismiss the case that was sent over as the president is urging his friends in the senate to do. >> sandra: to that, matt, you say what? >> yeah, good luck there, mr. congressman. the fact is nancy pelosi couldn't even hold her own caucus together on the vote on impeachment. there were several democrats who walked away from that vote. the other fact is that there are senate democrats like dianne feinstein who have publicly criticized nancy pelosi, from her own state of california, on playing politics with transmitting these impeachment findings. finally, mitt romney is not a problem trial because of what nancy pelosi decided to do on impeachment. he's just a problem child. as far as collins and murkowski are concerned, they have been very weak supporters of the president as well, though i still give susan collins great credit for her vote on brett kavanaugh. at the end of the day, the president is going to be deemed

to be not guilty with a vote in the senate and all the politics around this are going to stick on nancy pelosi. because she decided to play politics and it's going to be a big problem for her when her marginal house members are on the ballot in november. >> sandra: i guess you revealed to us, matt, that he would not support more witnesses being called. >> no, sandra, i would. i'm with ted cruz on this. i think what we ought to do is hear the prosecution's case. i think it's a weak case. when lawyers have bad facts and weak cases, let them talk. give them what they want. the american people have come to a judgment. they are allowing others to come to this judgment. there is nothing here, it's a crime list impeachment. but i also think that eventual eventually, republicans are just moved to have a vote on whether the president is guilty or not guilty. that little crew coming to the president's benefit -- it allows

rand paul and others to demand that hunter biden and others who have been associated with this ukraine wrongdoing but the american people finally get to hear from people like -- >> you will end up with a tit-for-tat no matter what here. but i think the american public wants as much transparency as possible. john bolton has indicated his willingness to testify if subpoenaed. it has shown that a vast majority of americans do want to see john bolton testify. if the president is innocent, get all the people who have firsthand knowledge out there. certainly folks like yourself will say, "great, hunter biden --" >> i agree mostly with you on the fact that let's go ahead and let the american people see everything. but it's ridiculous for house democrats, nancy pelosi and adam schiff, who never forced a subpoena on john bolton, never went to court, out of nowhere they want witnesses that they themselves did not have the guts to call.

that republicans in the senate advised them. that's the height of hypocrisy. that's the politics. >> sandra: in no way you both sort of agreed on that point. when it calls: witnesses, seeing as much evidence as possible -- that goes back to the point that jeanne shaheen made the top of the hour. you seem to be backing up what ted cruz said of the top of the 9:00 hour this morning. here's ted cruz. >> if we call witnesses, it needs to be fair, it needs be evenhanded, he needs to respect due process. that means if the prosecution gets to call a witness, the defense should come as well. if the prosecution gets to call john bolton, the president should be able to call hunter biden. ed out to be fair and even and respect due process. >> don't expiate what ultimately does that lead to, capri? you know they want jumbled in, but republicans will say -- >> what's good for the goose is good for the gander. you're going to see pushback from democrats about a hunter biden the same way you are seeing pushback from some republicans on some of these

other prosecution witnesses. at the end of the day, this should not be about politics. this is a real legal process, which is a little bit different than a court of law, yes, because of the -- >> melissa: a political process. >> because of the way things are structured surrounding impeachment. i agree with that. but you know what? you need that fair process, the american public deserves that. they deserve this to not be political. if we really want to be comfortable with the verdict. >> one quick thing, i want to be the subpoena server dr. biden. i don't think many people know where the key is. >> sandra: he's been seen out and about. he's not in hiding. >> i want to see this can get in his hands, it would be very interesting. >> sandra: let's end with this note from john cornyn. he joined us a few moments ago on this program. here's senator. >> it seems on ironic that speaker pelosi has now set on the articles of impeachment for 28 days. and she wants to wait one more day indifference of the democratic presidential debate.

she knows that this looks really bad, because after seeing dominic saying it was compelling and urgent, a constitutional matter, sitting on it for almost a month i think undermines her most basic argument. >> sandra: once he gets going, how long it takes from there connect final thoughts from of don't act both of you. matt and then capri. >> throughout this whole process -- i was a republican house staffer when the impeachment process went against bill clinton. the perception of the majority of americans as republicans were playing politics with impeachment even though there were serious crimes that bill clinton committed. if it looks like the democrats are playing politics, i think the political consequences for them are really bad. just increases donald trump's chances at reelection. >> sandra: capri? >> this is one of the reasons why i think republicans in the senate have decided against dismissal. i think they would run the same risk as democrats have as far as looking political. they are saying they don't want to see the process play out. i think they are trying to make the best political move for themselves by not just having a

straight up dismissal. the clinton process took five weeks, this is going to go directly into the primary and caucus season, which is not good for anybody. let's hope this is a fair process to the american people. >> sandra: and all it needs is for the articles of impeachment to be sent, which nancy pelosi said this morning will happen tomorrow. matt and capri, think you. >> thank you, sandra. >> thank you. >> bill: bombed shell new report that gas hackers don't act on aggression hackers infiltrated the iranian gas company where hunter biden served on the board. coming up. >> sandra: plus baseball coming down on the houston astros. the manager and general manager both fired, with another major league team now in the cross hairs of a cheating investigation. >> sandra: also, elizabeth warren slamming any centers with claims that he said in private that a woman's chances of winning the white house. karl rove is here, he will analyze it, next. >> i was disappointing dominic disappointed

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>> bill: six people killed at least, four were missing after a massive sink hole opened up under a bus in northwestern china, causing it to fall in. about a thousand emergency workers called to the scene for a search for victims, as a crane lifted the bus above the sink hole. at least 16 people were sent to the hospital. >> sandra: dramatic by the camp footage capturing the horrifying movement of georgia policeman falls to the ground after getting hit by a moving train. officer andy anderson was chasing a burglary suspect along the tracks when he was struck from behind by the train. that suspect is not immediately

arrested. officer anderson suffered nearly ten broken bones and a concussion, but fortunately he is expected to recover from those injuries. ♪ >> bill: there will be only six 2020 democrats on stage and i will. some flareups between bernie sanders and elizabeth warren go public, threatening to turn the last debate before the iowa caucuses into a battle royale. karl rove from the white house, deputy chief of staff for president bush and fox news contributor. good morning to you. here is the campaign from elizabeth warren, the allegations that he sit in privt a woman could not win. "bernie and i met for more than two hours in december of 2018 to discuss the 2020 election. among the topics that came up as what would happen if democrats nominated a female candidate. i thought a woman could win, he disagreed. i have no interest in discussing this any further because bernie

and i have far more in common than our differences on pundit punditry. "how do you evaluate this? >> i think it's a low grade think i'm a bullet say it escalates tonight. the problem is these two people, warren and sanders, one of them has to get by the other. they occupy the same lane. they're both sort of left-wing progressive, sort of mildly socialist, but they occupy roughly the same space in the democratic party. only one can survive. i'm surprised it took so long. i thought initially elizabeth warren was handling it better. i sense there is some weakness in her argument, that's why it she says she doesn't want to talk about this anymore. my sense is we were like loose and go at each other. if not tonight, they will continue to go at each other behind the scenes as they did with bernie sanders' phone call saying that she's only drawing white suburbanites into the party.

>> bill: for the record, sanders denies this. part of what he said, "do i believe a woman can win? of course. after all, hitler hillary clinton beatdonald trums in 2018. we have big problems to solve and both want to solve them. i'm sure they want our attention focused to that." we'll see how that plays out tonight or not. "des moines register" -- sorry, monmouth pole new today. biden, 24%. sanders, 18%. buttigieg, warren, 17 and 15. warren, 17, buttigieg, 16, quote amy klobuchar down the line at 15%. >> there is only one significant difference in the pool. sanders is pretty close, between 18 or 20. b cells don't act on

xp told us 15 which 1 is it? a lot of things on that. because 24 gives them a pretty convincing first-place finish in a state where he's not doing all that well. 18 puts him basically in a four-way tie for first place and splits the 41 delegates from iowa pretty much quarter, quarter, quarter, quarter. >> bill: i mentioned klobuchar. no one has really voted it. because remember, they could decide who wins that night. the real clear politics average, here are the five other candidates. one of whom is now out of it, booker. remember, if you walk into a caucus and you are backing quote wishart and she doesn't get 15%, you're one of the 1,681 precinct caucuses and you are back include bashar and she doesn't have 15%. they say, "okay, who's your

second choice commit " " klobuchar and yang, booker -- go ahead and vote for him, he ain't even in the race any longer. tom steyer and tulsi gabbard. who their supporters go to could, determine where the vote is, and b, determine where the delegates are. >> bill: haven't heard a lot from steyer, he was on msnbc earlier today. i want to give us a quick listen. first time i've heard it, i guess the first time you've heard it, too. tom steyer. >> obviously i wasn't in the room and i don't know what happened, but i do believe this -- a woman can win the presidency. mrs. clinton got 3 million more votes than donald trump did in 2016. any of the women on the stage, either of the women on the stage, if they are the candidate, i will support them and they will beat donald trump. >> bill: after it's put to better it catches a bit like a prefire. what is your guess on this?

>> my gut is that this line of attack dies, but it doesn't close off the opportunity for conflict between warren and sanders on other issues. on substantive things as opposed to tactical considerations. did he really say that, or did you not say that? that sort of the classic he said, she said. if it had been brought up earlier than might be more credibility given to it. but last minute charges, and we are in the last minute -- the last three weeks of this campaign -- tend to fall flat. they tend not be accepted much by voters as if they are talked about earlier, and seemingly proven earlier. >> bill: karl, nice to see you. we will see you during the center trial, too. get your take on that day by day. thank you, karl rove. >> sandra: fox news alert from connecticut on the murder case against fotis dulos. the brain of evidence in the disappearance of his strang estd wife, jennifer dulos, straight ahead.

>> bill: the house voted dominic expected to vote on the articles of, what th when the tl will begin with that might look like. we'll have a road map for you. speed wait for it, bill hundred. i know you took a picture of it the first time it happened. the dowd topping 29,000 as we speak. not the first time. but it has happened before. you can see it's going up and down both at 29,000 mark. we are going be watching that for you. strong earnings coming out this morning. i have huge money saving news for veterans.

mortgage rates just dropped to near 50-year lows. one call to newday usa can save you $2,000 every year. and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, no appraisal, and no out of pocket costs. activate your va streamline benefit now. >> of the speaker indicated with the full consent of the caucus that those articles of

impeachment, one, abuse of power, to come obstruction of congress, will be transmitted to the senate at some point tomorrow. >> sandra: as we learned this morning, house democrats expected to vote on sending the articles of impeachment to the senate tomorrow morning, setting the president's trial motion. where the rules are different than those in a normal court of law. in impeachment trial, the senate is both judge and jury. the chief justice of the supreme court will preside over the proceedings. the lawmakers are the ultimate authority. there is no uniform burden of proof that the president has to be guilty "beyond a reasonable doubt." each senator then decides what burden applies. court trials usually involve evidence, but here there is no requirement that the president be charged with an actual crime. though it is unlikely, president trump will be convicted by the republican-controlled senate, his punishment would be political beginning with removal

of office. unlike normal legal proceedings, the outcome cannot be appealed. the senate is given sole power over proceedings, so there is no higher body to appeal to after the verdict. bill? >> bill: let's bring in tom depree, former assistant ag under george w. bush. good morning to you. just a broad question at the outset, what is your expectation for the senate trial? would start there and dig in a little bit. >> i think it will bear little resemblance to what we all might think of as a traditional courtroom proceeding. if they follow the clinton model, i think we can anticipate is that it would begin with a presentation by the house democrats, basically the prosecutors. they will put on their affirmative case against the president from introducing evidence, making the argument that, in their view, support the articles of impeachment against the president. at that point the state would shift to the president's defenders. he would put on his legal team who attempt to poke holes in the story, put on their affirmative case by the president did nothing wrong.

at that point the individual senators would think to themselves and decide whether or not they actually wanted to hear from witnesses or whether they had sufficient information to cast the vote. i think that is the biggest question going in, bill. whether they are going to be witnesses, and if so, whether those witnesses would appear live in the senate or whether their testimony will be presented by deposition. >> bill: so that if the road map. ted cruz said something a bit similar in our 9:00 program this morning. just roll this from ted cruz, that i've got a specific question for you. listen to how he lays it out, very similar. watch. >> the order of proceeding is going to be the exact same way the senate proceeded with the clinton impeachment trial. in other words, it will start with opening arguments from the house managers, and we will give them a full and fair opportunity to present their case. then it will move to opening arguments from the white house's defense team. unlike how house democrats today that, we are going to give the president a full and fair opportunity.

>> bill: senator cruz pointed out several times that he thinks the president is acquitted in this. if your scenario is right in his scenario is right, what would that happen could mitch mcconnell then call for a vote on article one? thumbs-up or thumbs down? could he do that at that point? >> i think he could. look, the constitution, as we know, gives the sole power to try impeachment to the united states senate. it doesn't specify the rules of procedure, the timing as to when votes have to happen. i think senator mcconnell would be well within his constitutional prerogatives if he said at some point in the proceedings, "we've heard enough, we are going to bring it to a vote." i suspect he probably wouldn't do that if they were met at don't like members of the senate who said, "wait a minute, resulting from witnesses." he has a strong hand to play. >> bill: eve had 51 votes he could do that, she was confident in that number. correct? >> yes, if he's confident he can really run the proceedings and

timings as he desires. the seven here's another that comes up, the fight for both and testimony. it goes to the days of monica lewinsky, going back 21 years. here is arlen specter, the now-deceased senator from pennsylvania. he says, "i understand why the president's council fought so strenuously to keep her, monica lewinsky, away from the well in the senate. had she told her horse story and the well of the senate, the proceeding might have been dramatically changed." how so? >> as any trailer can tell you and as i can attest from personal experience, when you introduce live witness testimony in the courtroom or court proceeding, all bets are off. you can't be certain how things will play out. it's ultimate wild card. i think, just as in the clinton impeachment, one big concern for the republicans in this impeachment process is, do they really want to roll the dice by allowing a witness, john bolton or others, to get up and testify

lives? i'm not particularly confident that whatever john bolton says will be devastating to the president. i think that is frankly pretty unlikely. but at the same time, you can never know with 100% certainty what a witness will say, i will play out. if senator mcconnell is really interested in keeping a tight control on this proceeding, i think it is in his interest not to allow live witness testimony. >> bill: so arlen specter's point is that could've been bad news for bill clinton. that's what he's reflecting on from 1999. remember what mitch mcconnell said? "if you want to do witnesses, we can do it. but think about where that could lead." that thread can go a long way. do republicans and democrats want that? >> right. i think the other danger, as soon as you open the door to live witness testimony, if you say, "let's bring in john bolton," there are other witnesses you might want to call. not necessarily witnesses -- >> bill: hunter biden. >> absolutely right. who may not be adverse to the

president, but supportive of the president. that's not something democrats would want. for that reason, pushing for live witness testimony has the potential to be a game changer. >> bill: excellent point. tom dupree in washington, d.c.,, nice to have you back. >> thanks, bill. speed according to a new report, russian military agents have successfully hacked the ukrainian gas company burisma, which stands at the center, of course, absent dominic president trump's impeachment investigation. gillian turner following this life for us from washington this morning. hey, gillian. >> hey, center. a cyber firm dropping that bombshell claim last night. the ceo of the firm tells fox news today the discovery of russia's hack of burisma was made during his company's normal routine of doing business as usual, trying to stop phishing attacks. he also said the reports were not paid for in part or in full by any outside group.

part of the gru "specifically stopped the email control dominic and they claim that somebody had access to the email accounts permits future phishing ca bidens were also likely a target of the same campaign. area one ceo, by contrast, says his company can only say with certainty that burisma employees were the ones targeted. democratic lawmakers have been very quick to blame president trump for this hack so far today. take a look. >> i'm a bit distressed see this for the first time in a newspaper report. >> it's russia doing president trump's dirty work again. remember, in the last campaign for president, candidate trump at the time said, "russia, if you are hearing me, get hillary's emails."

>> area one security now also claiming the burisma hack is attached to a different phishing attack on the media company owned by ukrainian president zelensky. he's also at the centers of the impeachment investigation. republican lawmakers have largely stayed away from these revelations today, claiming the bidens and burisma should be investigated totally separately from president trump. democrat sources, though, tell us they believe the style and execution of this hack is visually similar to russia's hack of the dnc back in 2016, sandra. >> sandra: gillian turner, thank you. >> bill: the houston astros of won a world series. the manager and general manager have not been fired. the team owner made the call after major league baseball suspended them in a cheating scandal. that is the allegation. another team could soon see the same kind of trouble. >> sandra: plus, you know how they stayed in louisiana, less available and temporally let the good times roll!

why the team could rank as one of the good it dominic greatest team ever. >> bill: well!

>> sandra: take a deep breath, it's that time or we go beyond the headlines, we take a break from the fast-moving new cycle each and every day. today we are talking football! lsu defeating clemson to win back the big college football national title, late last night. jerrod max is here with toxins headlines 24/7. let it soak in for a minute! >> the operative word, can they start these words don't like teams lived earlier? >> sandra: it was late game for sure. congrats to the lsu tigers and joey burrow and coach o. what a win for the tigers.

>> they are being talked about as we view one of the best college football programs ever. they finished the season 15-0 and took out a clemson team, which also had been 14-0. maybe you compare them against teams like miami from 2001, the cornhuskers from risk of 95. you look at joe burrow, he says to be chicken records with 263 passing yards, five td passes, six touchdowns an entire season, the most of her in major college football. can graduations to lsu. >> sandra: where is joey burrow and that? has been a winner. >> is that a bengals fan i hear? [offscreen] >> he's from plains ohio a couple minutes away from cincinnati. so maybe. >> sandra: he did such a great job throughout this whole progress dominic process. talking about being an ohio kid, playing for ohio state and making the move to lsu. owning both schools, loving on the fans in both states. he is an awesome guy.

>> and he looked like a seasoned veteran with that stogie and his mouth. speed in the locker room, quite a solution. this was in "the new york post" this morning. "lsu might be the greatest college football team ever." it was a celebration for the ages. >> he might be one of the best sportswriters in america, also subpoenaed speed to say that is a big statement indeed. we will continue to celebrate. the parade is on saturday. allies will be on baton rouge and louisiana. meanwhile, the astra's punishment for sign stealing. what is the latest on this? >> they found the astros employed some pretty high tech methods to steal signals from the imposing dominic opposing teams in the 2,017th season when they win the world series. catcher puts on one finger, that means fastball. the astros would have a player in the dugout watching. if they saw there would be a fastball, they wouldn't do

anything. the player knew, "here comes a fastball." if it's an off-speed pitch or a slider, they would bang on a garbage can twice. it's like having the answers to a test. baseball steps in and says, "you are fined $5 million, you lose first and second round draft picks," a.j. hench and jeff luhnow are both suspended a year. but the owner of the astros says, "we need a clean slate, both these guys are fired." now what happens? the boston red sox are likely next. they are under arres investigatf stealing signs in 2018. it said to be alex cora, the bench coach. i think his days in baseball are numbered. i don't know who would hire him if he were to get such a punishment. he is seen as a cheat. speech we will end there but we will end on this i know. can you throw up the empire state building in purple and gold can i get the sight to be seen. to have that still? can you shove it up?

they lit up the empire state building purple and gold last night and it was pretty cool if you didn't see it. there it is. >> pretty cool stuff. congratulations, lsu. speed to build? >> bill: smitty, it's your day. thank you guys. fox news alert now, an update in the case of fotis dulos, charged with killing his estranged wife, jennifer. why another woman says dulos at her own husband may have also been targeting her. a live report on that confounding change, coming up next. informal poll. i used to be a little cranky. dealing with our finances really haunted me. thankfully, i got quickbooks, and a live bookkeeper's helping customize it for our business. (live bookkeeper) you're all set up! (janine) great! hey! you got the burnt marshmallow out! (delivery man) he slimed me. (janine) tissue? (vo) get set up right with a live bookkeeper with intuit quickbooks. the easy way to a happier business.

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with peace of mind. >> melissa: head on "outnumbered," the war of words between bernie sanders and elizabeth warren heating up over the issue of gender. what she says he said to come and what it also has about the dems and their far-left base. i like that. >> harris: speaking of liberals, they are outraged at one hollywood star who has the nerve, they say, to hang out with president trump. the big game last night. the fallout over cancel culture's a new target. >> melissa: all of that plus our #oneluckyguy, "outnumbered" top of the hour. >> bill: think, ladies. stephen 7 minutes. there is more on the case against fotis dulos. he is charged with murdering his estranged wife, jennifer, and the attorney is also charged in her disappearance.

laura ingle sorts through this. she's love at the new york studios with more. laura? >> good morning, bill. last week the former civil attorney, kent mawhinney, was arrested with computer seed to commit murder in this case he has had his own personal issues to deal with, which could time even further to the dulos investigation. like fotis and jennifer dulos, mawhinney was also involved in a bitter divorce battle with his wife. mawhinney had taken out a protective order against him. she claimed he threatened and assaulted her. she told police that fotis dulos try to he has had his own personal help his friend get around that order by calling her to see if she would meet dulos so he could help arrange a meeting between the two. according to arrest warrants, kent mawhinney's name appeared several times and what has been called the alibi script discovered by police made by fotis dulos and his girlfriend, michelle troconis, to cover the timeline of the day jennifer went missing. when asked about these scripts,

police say mawhinney's responses were vague, in an dominic evasive, and suspicious. voice mail messages released to our affiliate yesterday appeared to back up mawhinney's wife's claims. in one call just made eight days before jennifer vanished, dulos left a voice mail that said, "hi, it is fotis dulos. hope you're doing well. it's sunday midmorning and i'm just trying to touch base with you to see what the plan is so i can plan my afternoon and evening accordingly. okay? call me back. love you so much," or something to that effect. bye-bye. maybe not love. "thank you so much." they say in the months before jennifer vanished, that mawhinney asked for access to the gun club he wants member two. members of that club found what appeared to be an empty human grave with a tarp and bags of lime inside. she felt the pair was allegedly plotting to get rid of her.

it thickens and we continue to look into it. >> bill: thank you for a lot dominic watching that here in new york. speed the house expected to vote on sending articles of impeachment to the senate tomorrow. which would be to a historic trial. so what would those proceedings look like? e and redemption. the lexus nx. modern utility for modern obstacles. lease the 2020 nx 300 for $359 a month for 36 months. experience amazing at your lexus dealer.

>> bill: i have a fish story for you. a florida man caught a fish this big. 350 pounds. a warsaw grouper, wielded off the coast of southwest florida in december, look at the size of that sucker. >> sandra: holy cow. >> bill: biologists think the fish was 50 years old. they're excited to have obtained such rare samples but do not encourage the fishermen to target that. >> sandra: that's a big deal, holy cow. >> bill: holy fish. i have another fish story for you. >> sandra: i'm wearing purple and gold. i think i got the memo. great game last night.

>> bill: shout out to the fans of clemson, 14-1. great team, great year for both squads. congratulations. >> sandra: both tigers, right. brand-new record in the u.s. stock market. r8 conceived tomorrow morning. "outnumbered" starts right now. >> harris: fox news alert, the houses expected to hold a vote tomorrow to send those articles of impeachment to the senate for trial there. senators, the nation, all of us perched, waiting to see when this move might come. we have been reporting the nearly month-long delay has been due to a standoff over senate trial procedure and witnesses. finally, today, movement. speaker nancy pelosi, huddled with her caucus behind closed doors, heroes caucus chair hakeem jeffries of new york. >> the senate should conduct a fair trial, a fair trial involves witnesses and