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to the criticism on saturday in iowa. here is that moment. >> is a little doctored video going around, put up by one of bernie's people, saying that i agreed with paul ryan, the former vice presidential candidate, about wanting to privatize social security. they doctored the piece, and it's acknowledged that it's a fake. i've been a gigantic supporter of social security from the beginning. >> sandra: so how did that go over? >> [laughs] look, everybody in the democratic field basically has the same sort of position as joe biden on social security. as i said, in the past he has expressed interest in some of these plans to try and reduce the rate of growth of social security. not cut it, but actually reduce the rate of growth because it is a contributor to budget deficit

projections going decades into the future. that's not something you can talk about in the democratic field. the >> sandra: i want to get your piece in the "washington examiner" this morning, byron. "two deceptions at the heart of democratic impeachment brief." here we are embarking on a brand-new week, a historic week in washington, as a senate trial is set to begin tomorrow. what is your right >> first, they accuse the president and republicans of believing that ukraine and not russia interfered in the 2016 election. when in fact to the belief is russian interference is well documented in every single investigation that has taken place. well documented, widely accepted. what some republicans have said, in addition to the well documented russian interference,

some people in ukraine, including government officials, try to influence the 2016 election against president trump. that's kind of the mischaracterization of what took place there. the democratic brief is based on a number of things you might call "deceiving." for example, they also say president trump welcomed russian interference in the 2016 election. indeed, he did welcome russia-based tax, but so did the entire media. it was all over the place, if you go back to the media. they trumpeted, amplified, repeated these russia-based tax. >> sandra: it'll be something to watch that all play out this week. i've only got a few seconds left, but a double endorsement by "the new york times," in a move we have not seen before. amy klobuchar and elizabeth warren, they are endorsing both, the editorial board. final thoughts, byron? >> the times are taking a lot of heat for this, but a couple points should be made. they should dominic did acknowledge what some voters believe, which is that joe biden and bernie sanders are both tooe

president. and pete buttigieg is too young to be president. that's not a problem that applies to either amy klobuchar or elizabeth warren. the bigger thing is, on the split in the democratic party between perfect on my progress progress as an centrist, progressives and the person of warren and centrist and the person of klobuchar, the times decided not to decide and just endorse them both. so they didn't take a stand on this really serious split in the democratic party. >> sandra: byron york, you got a lot for us. thank you. >> thank you, sandra. >> ed: good stuff. meanwhile, a new push under way to end the political crisis in venezuela. secretary of state mike pompeo headed for a meeting. retired four-star general jack keane joins us live just add. i'm part of a community of problem solvers. we make ideas grow. from an everyday solution... to one that can take on a bigger challenge. from packaging tape... to tape that can bond materials to buildings... and planes.

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>> ed: secretary of state mike pompeo in colombia today to meet with venezuela's opposition leader, one point oh, as the u.s. backed leader tries to shore up international support in his standoff with the disputed vanill president. chairman of the institute for the study of where to fox news senior strategic analyst, general, thanks for coming in. >> delighted to be here. congratulations on your new show. >> ed: i appreciate it. it's good to have you. talk about the stakes. as a window still open to push

the coolest maduro outcome or did we miss the moment? >> i think it was always pretty tough moment to be able to achieve that. after all, maduro is prompted by the cubans and the russians and he's getting financial assistance from the chinese. we are using sanctions to squeeze them, the fact of the matter is he has adjusted. you've got to give guaido some real credit. this is a bold move to sort of regain momentum of the political opposition to maduro. not only meeting with secretary pompeo, but he's off to a world economic forum in dabo switzerland later today. he will meet with a lot of the european leaders, some of whom, while they recognize them as president, they really haven't done much in terms of helping with the sanctions. i think he's trying to get some of those assistance from them. i think it's likely you will be with the president of the united states, which will be significant. >> ed: you lead me to my next

question. we are seeing life pictures of the secretary pompeo right now speaking in colombia. is it a good idea for president trump, who as you know will be in davos? would be a good idea for him to actually sit down with guaido? >> absolutely. after all, president trump was the first international leader to recognize president guaido as

if you vote librea he said he wanted to be even tougher on maduro. sort that out for us, the former national security advisor in his thoughts. >> the president's position certainly has been that maduro certainly has been that maduro shouas a struggling actor, take

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>> "the new york times" breaking from tradition with just two weeks to go until the iowa caucuses, endorsing two candidates for the democratic nomination. senators amy klobuchar and elizabeth warren. let's bring in karl rove for a live reaction. good morning, karl. >> good morning. congratulations, ed. >> ed: i appreciate it, looking forward to working with you a lot more. big picture and this editorial, the terms basically says "joe biden, time to pass the torch to a new generation and let the best woman win." >> well, with interesting was they said, "look, the democrats are split not split not ideologically." they suggest everybody sort of agrees on the left-wing progressive agenda. it's not a question of what, they say, but how?

how do you get there? they've come down on behalf of two people, amy klobuchar, whom they say she's not all moderate, she's left-wing. she wants to get there by trying to bring the two parties together getting this done legislatively. they say elizabeth warren said how much she she would be able to accomplish without new legislation. using the wide-ranging powers of the presidency to do it through executive action. it's interesting, they end up saying, "everybody, we are endorsing two candidates who have similar views, they just want to get there in different ways." >> ed: right. to a point, they say in the editorial "both radical and the realist models or into serious consideration. if there were ever a time to be open to new ideas, it's now. if there ever a time to seek stability, and how is it. that's why we are endorsing the most effective advocates for each approach."

does not open the question even more, that it seems like democratic leaders don't know we to go right now? >> they open the editorial by talking about those two models. that there are some democrats that believe donald trump is an aberration and we can return too a more normal style politics. and that's a reference to klobuchar. then they say there are other democrats who believe the political and economic systems are so rotten that we must begin anew. that is clearly a reference to elizabeth warren. but they are suggesting they both want to end up at the same place, to get there in a different way. interestingly, that tells me that the person this advantages is klobuchar. people are no waking up this morning listening to stories like this, picking up their morning paper. talking about things over coffee. and saying, "who is klobuchar?" they have seen her in occasional debates, she seems to do well. but i think this will benefit

her more than warren because people are going to say, "i need to know more about the person i didn't know." >> ed: you know better than i don't like anyone, iowa is about who peaks at the right time. i want to applaud you. i listen to you on all the panels on sunday shows, fox news sunday was the only time i stopped and said, "wait a second, karl rove just said he thinks they may be more senate democrats voting to acquit the president than republicans voting to convict and remove." explain. >> well, looking at it, you had a number of democrats -- joe manchin of west virginia, jones of alabama, even king of maine, an independent -- all have sort of temperate comments about this. sure, most democrats are going to be like kamala harris and these others who have made it clear they are voting to convict no matter if or what. i just think there is likely to be a couple of democrats -- maybe it's because they are from deep red states.

west virginia, there's been some pole in alabama and showing that joe manchin and doug jones would have huge problems as they voted to impeach the president. i think also it's a mind-set. they are looking at it saying, "really, is this what we ought to be doing as a country and as a democrat should i be going along with the herd?" i think they will go with the rest of the democrats on procedural questions like, "how we approach the question of witnesses?" but i think i will be different question than the ultimate one, should we remove the president? >> ed: a couple democrats voted to acquit. the president will certainly try and make it much more about vindication. we will watch it closely in the days ahead. karl rove, appreciate you coming in. >> thank you, ed. >> ed: sandra? >> sandra: prince harry has broken his silence on "megxit." emotion or feeling in a speech has set us of giving up his royal duties while wanting more independent life or his family. benjamin hall's live in london with more on this. benjamin? we covered the royal wedding

together. it's amazing how much has changed in the last year and a half. >> absolutely. there are big stories going on the world, but this is the one that seems to be sending shock waves all over the place. and the queen, everybody wondered how she would respond. well, we now know. on saturday she made it very clear there is no have income half out. no middle ground. prince harry and meghan are no longer working members of the royal family. that means no royal titles, no public money, no representing queen or country, and harry has lost his beloved military associations. harry, as you say, was remarkably candid last night admitting this wasn't how he hoped it would play out but he would now step back. harry paid tribute also to his grandmother, queen elizabeth the second. he referred to her as his commander in chief. there have been reports that she is furious at the way this has played out. not so much ahead as the decision, but the way it was so suddenly sprung upon them. she wanted it dealt with quick quickly. meanwhile, meghan's father has also criticized her decision.

>> she actually got every girl's dream. every young girl wanted to become a princess, and she got that. it looks like she's doing it for money. it's kind of embarrassing. >> harry has also taken a dig at the media, who he has long blamed for intruding in his life. he said they were a powerful force who one day he hoped could be overcome. in the u.k., many feel that harry is simply turning his back on the country and the taxpayers who have given him every privilege in life only to be told about the hardships. how difficult it is to be a prince. the question now, what next? they say with this deal, this hard "megxit" as they are calling it from here is free to pursue whatever deals he wants. we will see if you if you will capitalize, commercialize on his background. the one thing we know for certain, sandra, he has chosen canada to make his new start. >> sandra: for now at least, it is a lot of speculation where they will eventually end up. benjamin hall, thank you.

>> ed: meanwhile, president trump touting new trade deals as he prepares to leave for davos, switzerland. >> remember, these trade deals haven't really kicked in yet. i told china a couple months ago, "to be a favor, we'll make a deal. start buying." and they did. >> ed: the president at the world economic forum, as his impeachment trial gets underway in washington. stuart varney joins us on that next. >> sandra: can't wait for that. on the stage is set for super bowl liv on fox. how the 49ers and the chiefs feature in their top spots, next. ♪

>> we did it. we did it. remember? they were all saying, "you will never get nafta changed." we were stuck with one of the worst trade deals in history. i've told everybody come you got to buy a lot of land and get much bigger tractors right now. because we did a great deal with

china. great for our country. >> sandra: that was the president in austin, texas, yesterday touting the booming economy at a summit for farmers as he prepared to leave for davos, switzerland, a bit later today, for the world economic forum. now joining us, stuart varney, simulcast. is this how we make this work? speak of this anchor on the fox news channel started as a reporter at fox business and was a commodities trader at the cme. the lady on the right side of your screen is sandra smith. you were with us from way back then, weren't you? >> sandra: it was an honor and a pleasure to join you. i know you love the sappy stuff. >> no i don't! >> sandra: there something about stu you have to know. he's a savvy businessman. he could cut right through when it comes to journalism. stu has a good heart. i had to get that out there. you're a good man and a family man, stuart varney. >> who told you that? [laughter] let's not go there.

serious stuff for a second. tomorrow -- tonight, actually -- the president heads to davos in switzerland. you know, the forum there. at the same time back home they are trying to impeach him and threw them out of office. have you ever seen a contrast like that before? >> sandra: unbelievable. the backdrop of this booming economy, stock market hitting all-time highs. you know, stu, it's funny -- i saw you on "fox & friends" this morning and it reminded me when i started to share with you ten years ago that you would say, "don't say "cutie." you had a buzzer if you set any saiy jargon or show. you tell the story, you bring america along with these business stories. you're great. >> you don't want jargon, you don't want that to act as a barrier between you and your audience. you talk about money, jobs and taxes. make it claritin, make it clear cut. used to do that very well for us. >> sandra: yes, sir.

i explained to the audience for this simulcast happened, that you are on your set for your show right now because your show is 9:00 a.m. to 12:00 p.m. eastern time, same time as "america's newsroom." we are on each other's shows right now. so this is really special. congratulations to you, stu. >> thank you very much indeed, sandra. since you've been with us from the very start, i believe you have a look back down memory lane of you back of the old days. let's roll that tape, why not? >> women should be more aggressive in getting those positions because they are very good once they get there. they are good decision-makers, calm under pressure, they don't stress out like men do, intense situations. your lovely producer is pointing out that we match. we planned this turquoise ensemble this morning. it's good to see you, stuart varney. >> welcome to the show. [laughter] remember, sandra, i told you at least five or six years ago that you are on your way to being a

major league star. he sort of pooh-poohed it. "it's never going to happen." look at you now! >> sandra: thanks, stuart. you're amazing. charles payne wasn't one of the shots. he was one of the original company members. he joins us in the next hour, every day we've got charles payne here. i wish we could have you every day, but the timing of the show was kind of a conflict. stuart varney, you are the businessman and we love your show. we love you! happy anniversary! >> i can't send any longer! times that. [laughter] >> sandra: final thoughts on the economy before we let you go? i wanted to have you on the show but we couldn't figure out a way to do that. it's ed's first day here, your 10-year anniversary. your broad thoughts at this economy that we see today? >> the american economy we have now is working. i think it's working for everybody. we have economic growth, we've got historically low unemployment, we've got no inflation, very low interest rates, housing market which i think is about to take off, and a stock market rally the likes

of which -- i've been doing this for 45 years and i've not seen anything like this before. our analysts on the show say it's going up some more. check in with what we've got and we will keep it going. >> sandra: and he's proud to be an american. >> i am indeed very proud to be an american. >> sandra: stuart varney, this was fun. things were doing this. >> thank you, this eve again soon. >> sandra: good luck on the next ten years. >> ed: congrats, stuart. check them out but not for too long, come back to us. simmer cisco 49ers ran over the agreement they packers thinks they running back, rushing for four touchdowns in over 200 yards for the final was 37-20. the kansas city chiefs left no doubt at all against the tennessee titans. it was all patrick moms. leading to a 35-24 win. the chiefs will take the 49ers in the super bowl. that game of course will be on

fox, live from miami. speaking of miami, we are splitting our show that friday before the big game. sandra somehow got the assignment of braving that tough weather in south florida. >> sandra: poor me! >> ed: i will be in iowa leading up to the coverage of the caucuses. you got the other big game, iowa. speech that'll be a crazy week. we'll go down and host the show for miami. >> ed: then you will join me in iowa. >> sandra: i will go meet you into born, it will be a crazy few months. >> ed: state of the union right after that, new hampshire the following week, and away we go. >> sandra: great to have you here. >> ed: you were pining for stuart. >> sandra: [laughs] he's a tough love kind of guy. his sense of humor is great. we had so much fun on that show. he covered the news -- covers the news like dumbing nobody else. >> ed: will have to match our out dominic outfits like you used to. we could see a young sandra! still young. >> sandra: thank you very much, speed nine. thousands expected to attend a

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>> sandra: shots fired in the kansas city nightclub leaving two people dead, including the suspect paid 15 others injured, three of them in critical

condition. police say the suspect opened fire and a lot of people waiting to get into the club. they say an armed security guard shot and killed the gunman. that suspect has not been identified and police are trying to determine a motive. >> ed: a serial bank robber turning himself in after a new bail reform law had let him somehow go free. david lee miller is here with more details. good morning, david. >> good morning, ed. he is behind bars this morning, but getting here was no easy task. authorities say he went on a bank robbery spree, hitting six banks in 15 days. it allegedly started december 30th. that's when police say he walked unharmed into a chase bank and handed the teller a note that said this is robbery, no dipak. he fun with a thousand dollars in cash. in a little over a week, he tried to rob three more. when banks finally when they finally caught up with him, he admitted to the

bank robberies. he was released. the detective who arrested him says that when woodberry went to receive his property, he said, in substance, "i can't believe they let me out." less than four hours later, woodberry allegedly robbed a chase bank and brooklyn, running off with a thousand dollars. two days later he attempted another robbery but fled without any cash paid finally, the feds, not bound by u.s. state law, arrested him. they issued a statement blasting the new york law, saying in part, "no sound, rational, and fair criminal justice system requires the pretrial release of criminal defendants who demonstrate such determination to continuously commit serious crimes." during a court appearance yesterday, woodberry's attorney did not ask for bail, but that could change when he is scheduled to appear before a federal judge again on friday.

if convicted, he faces 20 years behind bars. >> ed: thank you, david lee miller. >> sandra: history in the making, lawmakers battling it out over the upcoming senate trial, as impeachment enters a brand-new phase. former assistant u.s. attorney andy mccarthy as our guest. you will be her head letter next >> we are achieving what no administration has ever achieved before. and what to get out of it? tell me. i get impeached! that's what i get out of it. er- cut. 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. ♪

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>> sandra: history about to play out on the national stage as both sides gear up for the senate impeachment trial beginning tomorrow. opening scenes from both sides. welcome to a second hour inside "america's newsroom," with my new coanchor this morning. i'm sandra smith and... >> ed: my new coanchor, as well. our redoing so far? >> sandra: ed henry. let's keep it going. >> ed: the president's legal team arguing the charges against him are simply invalid. as democrats and republicans brace for battle starting with a fight over basic ground rules. >> we democrats aim to get the truth, and make no mistake about it, we will force votes on witnesses and documents. and it will be up to four republicans to side with the constitution, to side with our democracy, to side with the rule of law, and not side and blind

obedience to president trump and his desire to suppress the truth. >> three: witness, we will call the dent don't like witnesses. there will be a process where they call witnesses and the president gets shut out. >> sandra: chad pergram live on capitol hill. tell us what we need to know every day, as we watch all of this. what do we need to know this morning? >> good morning to you, sandra and ed. congratulations, ed, on the new opportunity. we look forward to working with you from capitol hill. we have here today come without a speech managers continue to do their work by the scenes. in the past few minutes we've seen the staffers gotomeeting bind us. around 11:00 today there will be a walk-through on the senate floor. what they have done for the impeachment managers as they have reconfigured the senate floor and more a legislative assembly to a courtroom setting. it's what we saw in 1999. the big issue right now is we

have not seen the resolution from the senate majority leader mitch mcconnell as to what the framework, the parameters of the impeachment trial, will be. remember, house speaker nancy pelosi was going to hold onto those articles of impeachment until she saw the arena we don't have the free mercury. this is something chuck schumer has been upset about. we will probably give it tomorrow sometime after 1:00. this is when the senate will have a debate and vote on the resolution by mitch mcconnell. and probably counter resolution by chuck schumer, the senate minority leader. that resolution in that debate will probably fail because the democrats simply don't have the votes. here's what we're looking at. very long days for the next week or so erin capitol hill. on wednesday and thursday, that's when the senate will hear the prosecution from a beach managers will present their case. then the defense, i'm told by a senior at administration official that they don't think it will consume all of their

time. sometime early next week is when they will consider witnesses and documents. also a motion to dismiss would be in order. sandra, ed? back to you. >> sandra: that's a lot. chad pergram, thank you. we'll see you in a bit. for more on this, let's bring in the "america's newsroom" 18. david avella, chairman of go back. bill mcgurn, former chief speechwriter for president bush and fox news contributor. and jessica tarlov is here, as well. welcome to all of you. >> welcome, ed! >> ed: glad you're all here. >> we couldn't miss your first day! >> ed: so kind of you. >> sandra: good morning to all of you. chad, set this up for us. what will we see happen here? >> we are about to see the conclusion of the impeachment that began in the house. all these things are sort of distractions because we know the outcome. pretty much -- >> like the acquittal. >> they won't get 20 republican votes to acquit. so all of this is a lot of sound

and fury about little details i don't think are going to matter in two weeks. >> ed: jessica, what about lindsey graham saying that it's either all the witnesses were no witnesses? are democrats prepared to entrepreneur joe biden were others coming in, if you want to get john bolton or lev parnas? >> i think they are becoming increasingly open to it. sherrod brown on the sunday show said, "call hunter biden, what is he going to say? i got a better job because my dad is a powerful person?" about half the people i know in my life can say that. certainly the trump kids can say it, as well. i think having hunter biden turns out to be a distraction because this is about abuse of power about the president of the united states of america, not what hunter or joe biden did. they need to be open to that open door if they want mulvaney or bolton to walk through it. i think they should. what's interesting is adam schiff floating the idea of still subpoenaing john bolton to come before house committee. that is something that could still happen, and we could have more articles of impeachment drawn up. i'm not sure what happened but

it's an interesting conversation. >> melissa: dick durbin from illinois looking at the 51-vote. he is calling on them for the pursuit of truth for four g.o.p. senators to join, for dick durbin. >> donald trump is on trial for impeachment, and the suit doll factory will be 100 senators paid by the senate itself is on trial, as far as i'm concerned. it's a question of whether or not we will have fair trial. this to join us in the pursuit of truth. >> sandra: what do you see happening, david? >> the reality is we ought to be for witnesses. we ought to approve rules that the house democrats use. that is that mcconnell will get to pick and approve which witnesses get to go, he will get to approve the questions, and he will get to approve the answers. because that's at the house democrats established a precedent for how they should go. ultimately we need 51 votes. if i could susan collins vote yes, we should do it.

if we get susan collins, we are going to get joe manchin, too. he will want to be with west virginia and voters. if he doesn't have to be the deciding vote, he is happy to pile on. all that said, i think jessica said one of the most insightful things. where is adam schiff going? "okay, we struck out on russian collusion. we will strike out on this, so we've got to do one more investigation before the election." that's where house democrats are going. they know they will fail in th this. >> that's not really what jessica said. [laughter] i appreciate the compliment, i like to be insightful on a monday morning. this is not a new trial. john bolton and mick mulvaney it are an integral part of what john bolton referred to as the whacked out drug deal they were trying to pull off here. as for the rules, the rules of the house are exactly the same ones that were used for the impeachment of bill clinton. adam schiff didn't make this up.

republicans were given the same information, they were in the scif looking at everything. with democrats. then they were going on television and lying about it. >> but democrats are saying it's an open and shut case, like adam schiff. "we've got the president, he broke the law." and they're also saying, "we need more witnesses to prove our case." which is that? >> i think the case has been proven and that's why they did move ahead with loading of the article. there is more evidence that you could have. they might say we are complete here with what we've done so far, and bill is right, were not getting another 20 republican senators. that's a pipe dream for conviction and removal. >> it's always something over the rainbow somewhere. some of the testimony. before it was bob mueller. we are always waiting for something, it's never what we have. they could have chosen -- i'm actually not sure of the senate democrats really want the witnesses at this point. i think they realize they've been given a lousy hand by the

house and i think what they would like us for the republicans to shut down the witnesses, and then they can do what mr. durbin hinted and say this is been a cover-up. >> sandra: that could be the strategy. we wait to see this briefing for the white house at noon today. meanwhile, history is something. when you can pull the tape work pull the quote. here is chuck schumer, this is a letter dated february 11th, 1999, on impeachment. "america has made it possible for a small group of people who hate bill clinton and ate his policy to very cleverly and very doggedly exploit the institutions of freedom we hold dear and almost succeed and undoing him." sound familiar, david? >> the differences bill clinton actually lied to a jury about having sex in the oval office. donald trump didn't do anything illegal. in fact, gordon sunderland even said, "the president said to me don't do a quid pro quo." this difference. donald trump did not commit a crime. >> there does need to be a crime come over the way, for

impeachment. even though alan dershowitz has been on tv all weekend sinks a bit different. that's not how this works here. i happen to think if you lied under oath you deserve to be impeached. bill clinton was disbarred for it, as well. what is impossible is for you to think bill clinton should have been impeached and that donald trump should not have been. there's a clear-cut case laid out that this president abused his power for personal gain, in going after joe biden, who would be his 2020 arrival here. we can pull types also, lindsey graham, chris wallace went after them for that. >> sandra: let's play the sound. lindsey graham on calling witnesses. >> you say that there is no need to hear from witnesses in this trial? that directly contradicts what you said as a republican house impeachment manager in 1999 during the clinton impeachment trial. >> the people being asked for by senator schumer are the secretary of state, the chief

staff to the president of the united states, the national security advisor to the president of the united states, and the acting omb director. all these witnesses are available to the house. >> sandra: is that fair to say he's had a change of heart over the past 20 years? >> i've had a change of heart, if you thought i'd be a friend of kanye west. [laughter] and islanders with ten years ago, i might have said some things on the other side. this is a lot of drama. we know the outcome, i will think people are paying attention the same way. the end result is going to be nancy pelosi making herself weaker. they're throwing all this stuff, the current dell not constitutional equivalent of a new gut donald trump. he will walk out alive. a lot stronger. >> maybe a jump ball on this. josh hawley, putting out a tweet, "real donald trump has the right to ask for a root or move to dismiss. otherwise the trial will become an endless searche circus run bs

which adam schiff." they're calling it a kill swit switch. >> leg would and pay their people like lamar alexander and susan collins and lisa murkowski you are uncomfortable with it. a lot of people facing tough reelection where their constituencies are split on this like the rest of the country. there's a solution. donald trump could testify under oath. he always says "i'd like to talk to bob mueller. i won't submit questions, go ahead and do it." if utilized, face the same fate as bill could do that. >> but why would he testify at this point? >> he says he's innocent transcript of everybody including some republicans have now admitted it's not a perfect call. the moving of the goalpost here by people like lindsey graham, when there is a simple solution, everyone around them should testify under oath like bill clinton's teams did. everyone from business into his

top advisors. if you lied, it's impeachable. >> sandra: 's david, go ahead. >> under jessica's scenario she would have voted to convict bill clinton. what she just said was, "you don't have to commit a crime to be impeached. but if you like, you ought to be impeached." we know he lied, so you should have been impeached. >> he was impeached. >> but he wasn't removed. bill has got it right. donald trump is still going to be president of the united states and he gives the state of the union, and i don't think the child will be a must watch tv, but that state of the union is going to be. you will have a president that will go in there and tell the democrats, "you threw everything at me and i'm still here." >> sandra: are you hearing anything about the white house asking for a delay? >> i think it depends on the time. the interesting thing is, 1999, when bill clinton was impeached, he gave the state of the unit before the trial. but it's a pretty triumphant state of the union. donald trump, february 4th, i think they've agreed to -- >> melissa: but some republicans have urged the president to delay delivering it

until after the impeachment trial. >> i think he has time to see how fast the trail goes. if it's over, i think you will go. >> in the day after iowa. >> sandra: that's what we call the a-team, ed henry! >> ed: on day one, i appreciate while being here. fox news alert, police in hawaii mourning the lost two of their own, shot and killed in the line of duty at honolulu home just yesterday. the police chief their choking back tears as she broke that devastating news. >> on behalf of the men and women of the honolulu police department, our deepest condolences go out to the families of officers t tiffany enriquez and kaulike kalama. hpd ohana grieves with you. >> ed: jonathan, good morning.

>> ed and sandra, good morning to both. the paradise of honolulu became hell for several hours as shots rang out and fires raged. at the end of it all, to police hours shot dead, three others, the suo women are missing, believed burned to death inside a home. police rushed to respond to a 911 call around 9:00 a.m. local time from a woman saying she had been stabbed by a man who rented a home from her. that man, police say, was jerry hanel. as officers arrived, he opened fire. >> my neighbor said he heard the police said, "come out with her hands up." boom, boom, boom. an two policemen are dead now. >> tiffany enriquez and kaulike kalama, seven and 9-year veterans of the force respectively, were killed. the mayor of honolulu paying tribute to their being dominant bravery >> this is a family, and people are grieving.

every day, men and women in blue get up in the morning to put on their uniforms and go to work. officers enriquez and kaulike kalama put on their uniforms this morning and they didn't get home. >> after the shooting, the suspect hanel then apparently set his home on fire. the flames quickly spreading to several of their homes. hanel and two women believed to have died and those fires. it's not clear at this point whether hanel was holding the women hostage or whether they were simply trapped by the flames. hanel, by the way of, was described by neighbors as being mentally disturbed, and just last week his landlord believed to be the woman he stabbed had fired a court action to have him evicted. ed and sandra? >> ed: thank you. >> sandra: virginia democratic governors declaring a state of emergency amid concerned over rally for a democratic

gun-control plans there. we are live at the rally. >> ed: just 24 hours in the opening statement's from president trump's impeachment trial. senate majority leader mitch mcconnell still has it to unveil the final rules. former assistant u.s. attorney andy mccarthy on what all that could mean. >> sandra: and on this martin luther king jr. day, former dnc interim chair donna brazile will be our guest. she pushed to make today a national holiday. she will join us live, next. >> i have a dream. that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character. near record lows, i want to tell as many veterans as possible about newday's va streamline refi. it's the closest thing to automatic savings that we've ever offered. at newday, veterans can refinance their mortgage with no income verification, no appraisal

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>> civil democratic presidential hopefuls are on the celebrations also come of course, taking place nationwide. let's bring it former dnc interim chair donna brazile who pushed for the national mlk day holiday and was there when president ronald reagan signed it into law. good morning, donna. >> good morning. good morning, bill, good morning, sandra. >> sandra: it's ed henry! >> oh, this is ed! oh! >> ed: you know, i will never, ever let you live that down for a [laughter] i'm going to tease you so much! >> baby, look at -- i just wanted to remind myself that i've got ed in the morning and bill in the afternoon. >> ed: exactly, 3:00 p.m. eastern, don't miss it. in all seriousness, take us back to the white house and president reagan. after you and many others pushing to make this a national

holiday. how did all play out? >> well, 15 years after martin luther king was taken away from us, murdered, as you all know we held countless rallies, petitions. when that final push came in 1983, during the 20th anniversary celebration, we knew we had the signatures, we have the commitment for members of congress, tip o'neill of course, and many others on capitol hill. we gathered at the white house with coretta scott king standing right next to president reagan. that was the first time i had ever been to the white house. we were so honored that the 15 years, the campaign, we had finally achieved what we wanted to create, which was a holiday. a day to celebrate. i was also there with mrs. king and ronald reagan when they signed the proclamation

making 1986 the first official monday, the third monday in january, that we celebrated. i kept those pledge cards and submitted them to the king library and also to the reagan library. this is a day that we celebrate not just the dream or the speeches but we raise the questions that we raise in his lifetime. how do you code, nor become more united nation? where every american has access to the dream? dr. king also raise profound questions about war and about income inequality. don't forget, on the days before he was murdered, he was marching with sanitation workers in memphis, tennessee. so we honor his legacy and we are so grateful i had an opportunity as a young post-college student to work on

the campaign to create this amazing day. >> sandra: donna, so many cities gathering across the country today to pay tribute to dr. king's legacy. from your view, what are some of the most memorable quotes, things he said or even stories you can share with us? >> i never got a chance to meet dr. king. i heard him on the radio. i did get a chance to work with his amazing wife, coretta scott king, and of course i know all of his children. the late yolanda king, of course bernice king, marty king, and dexter king. i got a chance to know his sister, who came to the inaugural of barack obama back in 2009. the "i have a dream" speech is one we will never forget. but i love the 1957 speech, "give us the ballot." i loved when he was discussing the night before he was murdered, in terms of the promised land. he said, "we as a people --" he

wasn't just referring to black people, ed, sandra. he was referring to all of us, as american citizens. he had such a profound impact on my life. he taught us how to live. he believed love was the most important ingredient in our lives. >> ed: donna brazile sharing her insights, reflecting with sandra smith and ed henry. >> ed henry! >> ed: [laughs] >> sandra: that's an important message for all of us to hear this morning as we remember. >> ed: donna, seriously, thanks for joining us. >> i want to think dr. king. >> sandra: meanwhile, gun rights rally causing concerns in virginia. >> no one wants another incident like the one we saw in charlottesville in 2017. we will not allow that mayhem and violence to happen here. >> sandra: 's the governor they are declaring a temporary state of emergency has thousands

of activists descend on the state capital. >> ed: we are all over that. as we rate the ground rules for the impeachment trial resumed tomorrow, andy mccarthy joins us live for the preview of the defense strategy. >> remains, though -- this will be the argument from the president's defense team -- this is an impeachment that is fundamentally and constitutionally flawed. never in our history has there been an impeachment of a president without even an allegation that a crime was committed. as a struggling actor,

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>> i'm a liberal democrat who voted against president trump and voted for hillary clinton. i'm here to present a constitutional argument, the way i did in the clinton impeachment and the way i argued when i was on the -- >> the president has done nothing wrong. >> sandra: the presence defense team making opening statements tomorrow when the senate impeachment trial resumes. we are still awaiting majority leader mitch mcconnell's resolution laying out the final rules for the center trial. joining us now, former federal prosecutor in fox news contributor andy mccarthy. good morning to you. you've been with us through this entire process, and tomorrow is the big day. mitch mcconnell, he's been holding his cards close to his vest this entire time. what eventually is a strategy going to be? >> well, i think he is trying to arrange a framework which can be said to mirror the clinton

impeachment framework so we can say he's relying on precedent to try and get this case completed as quickly as possible with little or no in the way of witnesses and new evidence. i think that's his goal. i don't know, sandra, that the president's defense team -- at least to this point -- is helping him a lot of money. i was quite surprised to see the submission over the weekend in the fact that it really takes on the facts of the case. i really thought their position -- and this i take not only for my own view of it but from alan dershowitz and ken starr and senators cruz and hawley -- that on their face the articles of impeachment did not say an impeachable offense. therefore, even if you assume the truth of everything that the democrats say, for arguments sake, there is no impeachment. instead what they've done as

they say the allegations fail on the facts. and then they go through the facts and they say the president did nothing wrong, there is no quid pro quo, et cetera. if i may judge or a senator reading that, it seems to me like they are begging for a trial on the facts. i don't know that's what they want. that really helps the argument for witnesses and documents. >> ed: on the other hand, andy, the axios take on that was at the trump lawyers had what they called blanket statements of denial and that the arguments were so brief. the brevity of it all suggested that the white house lawyers, the president's legal team, are confident that no republicans are really going to jump should be here. and the president will be removed from office. >> i think that's right, if jump ship means ultimately what with the president on the eventual final question of should he be removed from office. but the question we have in the here and now, what is this trial going to look like? are there going to be witnesses?

are the senators going to press the demands of the house made for documents that the executive agencies didn't give up? i don't know that there's you nana many among the that when the president makes blanket denials, that begs the question, what happened near? i don't think that helps the case for them trying to dismiss this on the allegation. >> sandra: really interesting stuff. when he comes the battle over witnesses, will they or won't they? chuck schumer, the minority leader, posted this on twitter late last night. "democrats will vote , cover ups don't. this is the case the democrats, nancy pelosi and others, have been making. if you don't allow witnesses to be called, this is a cover up. ultimately, lucy witnesses in this trial, andy?

>> i think we will see them but we saw them in the clinton impeachment. i think what we can see forming up would be to satisfy some of the moderate republicans who may decide that witnesses are necessary for the trial to have integrity, they interview a few people, like maybe bolton, outside the public trial. and then introduce snippets of that testimony in the public trial. that's the witness testimony. that way they can say we do have some witnesses and still quickly move to a final vote. >> ed: interesting big picture. republican john cornyn, the senator from texas, who has met, we are told, with the president's legal team. when he was on cbs yesterday he was basically saying he thinks the best defense that there was no crime here. that ultimately the aid to ukraine was released, and in the end joe biden and hunter biden were not investigated. >> i think that's right, i thought that from the beginning, ed. i would call it almost the

seinfeld of impeachments. it's the impeachment were nothing happened. for all the huffing and puffing about squeezing ukraine to get these investigations, in the end they got their defense and, zelensky got his meeting, he didn't have to announce any investigations of the bidens or anyone else. they are not going to impeach the president over having a dirty mind. he had to have done something really serious, and he didn't. >> sandra: it's a lot we don't know at this point. we'll see what mcconnell lays out. meanwhile, on the executive privilege point, lindsey graham talking about this over the weekend. we watched together. >> this is beyond serious consideration. they literally impeached president trump because he wanted to exercise executive privilege. they said, "no, that's obstructing congress." this privilege attaching to bolton has never been to court, and at a minimum it should go to court. >> sandra: i just want to your final thoughts on that, andy.

>> i think, sandra, it's very important that lindsey graham underscore that and that more republicans take up that point in the white house takes at that point. because the democrats talking point against this is that it's a cover it. in other words, if you don't give them anything they want, it's a cover up. the fact is they do have these legal privileges recognized by the supreme court. they need to make that clear to the public, that when they hold back information they are protecting important constitutional privileges. >> sandra: he certainly made that point. andy mccarthy, appreciate your time this morning. great to have you here. >> thanks, have a great day. speed from one of the president's defense, counselor to the president kellyanne conway will be our guest live here in "america's newsroom," top of th. ♪ >> the battle over gun control descending on virginia's capital, the city of richmond, as we speak. thousands of gun rights activists railing today against proposals by democratic lake monikers. the democratic governor has declared a temporary state of

emergency and banned all firearms from the event over fears that things could turn violent. our correspondent griff jenkins is live on the ground in richmond. griff, what's happening? >> hey, ed and sandra. good morning. let me give you a look at the state capitol grounds. you can see thousands of people have turned out. there are no guns permitted on this part of the capitol square. it's lobby day. you've had groups like virginia's citizens defense league come out here in years past to petition for secondment rights. but it is particularly drawing attention today because governor northam, a democrat, has a democrat-controlled congress or legislature, and he is trying to get some stuff done here with the folks here do not like. in particular, they've passed three measures so far in the senate. when would limit them to one handgun per month purchase. it would have universal background check law. in addition it would increase local authority over guns in public places. we spoke with the organizer of

this entire event today. here's what he had to say. >> in july when they have the special session, he admitted that his eight the bills that he was pushing, not one of them would have stopped the shooting that happened in virginia beach or even in virginia tech. so he admitted he had no solution for it except to come after my rights. >> when you look beyond, you see people in the streets. any of those people did bring their weapons, they can't come inside this fenced in area. but you can see the streets full of it. here, the speaker starts in about 30 minutes. i wanted to let you hear from one of these rally goers, louis from shenandoah valley. where are you out here, louis? >> i'm out here because it's important as the other amendments are on the bill of rights. the second amendment is one that backs them all out. it gives the rest of them teeth. if the government takes her guns, what do you have? >> you just bought a gun.

>> yes, i bought one. i have several, but i just bought that particular one because that's when i had really been looking for. >> all right, well, that's lois, 1 of thousands outing. we will keep an eye on it. peaceful but a little bit cold, we will admit. >> ed: griff jenkins, thank you. >> sandra: more as the day goes on from griff. the 2020 campaign shifts into high gear. you have the advantages we close in on the iowa caucuses? >> ed: and you can already pay with your phone, but what if amazon lets you play with a simple wave of the hand? in the palm of your hand? moneyman charles payne is here to break it all down. ♪ with va mortgage rates suddenly dropping to near record lows, my team at newday usa is helping more veterans refinance than ever. the newday va streamline refi is the reason why. it lets you shortcut the loan process and refinance with no income verification,

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>> sandra: democratic white house hopefuls out raising the president by a wide margin. let's bring in fox business

networks charles payne. he's the host of "making money" on our sister station and run to the original varney and company members. >> we will reminisce about that. >> sandra: what are we seeing as far as fund-raising? >> looking at the election tally so far, president trump on his own for 2019, $144 million. but all of the democrats combined come over 500 million dollars. which is sort of interesting, because this was the party that railed against citizens united, that has been pushing for ever to limit the amount of money. which i always thought was a good idea, the amount of money in politics. now of course it is unlimited, but of course we are talking about 20 -- i don't know, i've lost track. >> ed: you have so many democratic candidates, you add all of them up and it equals more. >> individually trump is well ahead of anyone raising money, not steyer or bloomberg, of course. >> ed: enthusiasm for democrats? >> i don't know. i'm not sure that the bernie

folks would ever donate money to biden or warren folks would never donate money to someone else. so it shows maybe some individual enthusiasm. let's not forget, by the end of the third quarter, pro-trump groups -- not just trump -- have raised north of $300 million and they will setting records more n dell mikes and beach itself began it's going to take a lot of money to win. >> sandra: you know who else is doing okay? michael bloomberg preet his m.o. for himself. he's a multibillionaire. he now reportedly is planning to spend $2 billion to be president trump. >> i don't know why he stops at one or 2 billion. what the limit? 's probably the thing he wants more than anything else the world. he would like to see himself president but he would like to see president trump out. i'm shocked he put even a $2 billion cap on it. i can't google anything right now associated with politics

without bloomberg ads popping up for. that is just on the internet. you can't watch tv now would not see an ad. we will see if you can literally buy an election. this will be the litmus test. >> sandra: elizabeth warren responded to that. >> you are that nominee. do you want his help, do you want to support? >> no, no. michael bloomberg wants to come in on issues, good for him. he wants to put money into getting a democrat elected. good for him. but understand this -- i do not sell access to my time. speed that's where she stands. >> we will see. a lot of people say bloomberg strategy is to broker democratic convention where he actually gets to cash in on all the money that he has spread around the party over the last couple election cycles. we will see if he gets to capitalize on the fact that he has been -- that he has given a lot of candidates money. >> ed: trying to get the president out of office commits

a strong economy. the president has the talk about it. he's been talking about are not just in the states but in davos with all these foreign business leaders. talk a little bit about the contrast, the president doing the business and moving forward while the democrats are -- >> i am sort of -- i'm glad president trump's out there, if he does what he did the first time. remember, he didn't go last year because the government was shut down. but the first year he went was january of 2016, declared war on the global elites. he went to their home base, 100 private jets, and these phonies out there talking about climate change and income inequality, what they are going to do, they put stakeholders that if shareholders, all of this stuff. they get to go to these fabulous dinners. he went there and essentially declared war on the global elites. i cheered it, i thought it was wonderful. i'd like to make sure he goes there. he's going to go there again and say, "we want to do business, but on our terms." he will follow through wood for he's done, particularly with

these trade deals. not just china come up the books go in canada. saying, "want to do business around the world." i'm pro-american." >> sandra: he leaves tonight. final thoughts come amazon, i maybe able to pay for things of my hand? >> i'm pretty sure philip k dick came up with at 56 years ago. they will take an image of your hand, so instead of having to rip out your credit card, you -- speech maybe you could put everything to the part of your hands. >> ed: looking forward to working fo with you. high above the earth right now, two female astronauts leaving the safety of the international space station behind. we do you live to the scene to exclude what they're doing. plus, details on the new effort to keep astronauts safe. ♪ ok everyone!

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>> ed: two female astronauts right now working outside the international space station to replace batteries on nasa's third all-women's spacewalk. speech jeff paul has more on that for all of us. hey, jeff, good morning. >> the crew got started earlier this morning and they are now entering hour four of a six hour spacewalk. you're can't live images of what's happening right now. they are trying to finish swapping out old solar batteries with new ones. the team will replace the old nickel hydrogen batteries with more powerful lithium-ion ones. also happening over the weekend, spacex launched a rocket and then blew it up on purpose.

seven when no one was inside. they used two mannequins for this. this was an essential test to make sure the system in place would get people come or people who were inside the rocket, safely if there was some sort of a board that had to happen with the mission. elon musk obviously very excited about this because it puts them one step closer to launching astronauts from american soil and not having to rely on russia's. the last time they did that was in 2011, when the space shuttle program ended. sandra? >> sandra: president trump president trump tweeting away at this hour, on the defense team, blasting impeachment as a partisan and illegitimate effort. we will get brand-new reaction from the white house, and kellyanne conway, counsel to the president. she joins us top of the hour. e the newday va streamline refi is the reason why. it lets you shortcut the loan process and

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cia 8jqhta' i need all the breaks as athat i can get.or, at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? 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. ♪ >> sandra: fox news alert from capitol hill on this monday morning, house managers set to do a walk-through on the senate

floor with the historic impeachment trial formally beginning tomorrow. welcome back to "america's newsroom." i'm sandra smith. >> ed: and i met ed henry. bill hemmer just dropped in during the break. don't miss them at 3:00. speech good guy. while watching this after news >> ed: tables for prosecution and defense teams, even with his chair, for a decision whether we see the witnesses as we await te ground rules for all of this. here's congressman andy biggs on "america's newsroom." >> i don't think either side will ever be happy here. i was very unhappy with the process in the house. the democrats are going to be unhappy with the process and the senate, but i think republicans will be happy with the process and the senate because we are going to take -- they are going to take with the house did and give it a fair shake, and if you are viewing to the public. frankly, ultimately, this is a public issue. it's a politicized issue. >> sandra: joining us now,

kellyanne conway, counselor to the present. thank you for being here. >> good morning, and welcome to ed. >> sandra: yes, we are happy to have appeared this morning. give us some idea of what we are about to see as the white house brief is to expect today. >> i was of the legal team upstairs, they are confident unprepared and anxious to do what was denied the president in the proceedings. argue the facts. people are saying we're only talking about process, that's not true. they will have a full on defense, which will be a great offense on the facts, on the substance here. the president was denied witnesses in the house proceeding. if the democrats really want to go down that road, we will have reciprocity. >> sandra: you just met with the legal team? >> i just saw them upstairs, in the office next door to me. sandra, the fact that the democrats want to go down the road of possible witnesses is what our grandmothers always told us. be careful what you wish for. >> sandra: what does that

mean? >> witness number one would have to be hunter biden. how else would he know about the corruption in ukraine? people have tripped over themselves for the last six months or so, including the mainstream media, say there's he did anything wrong. he should willingly come and testify. why not just put himself up, if he's got nothing to hide, he's done nothing wrong. $83,000 a month from ukraine's largest natural gas company, with the new energy excretes whatsoever. his father has no energy, but he has no energy experience. that's a million dollars a year pretty much. if he did nothing wrong, and we are talking -- the president of the united states agreed with ukrainian people who over welding elected zelensky as the president because he ran an anticorruption agenda, if he has nothing to hide, let's have at it. with this nonsense their witnesses on our side who would eliminate the failures of the house to put a respectable constitutionally solid case together, that they think there would be other witnesses, by the

way, this is the first time they president of the united states will be brought up on articles of impeachment that charge no crime. forget about a high crime, where's the low crime? >> sandra: as you know, democrats are honing in on john bolton, forming a national security letter to the president, as their key witness. if both sides are able to call witnesses, if that was to happen -- there will be a debate over that, likely -- what would thato have john bolton testify? >> very little. the president may exert executive privilege. the house should have called john bolton if they were so anxious to hear from him. they put together a rest, historically thin case. again, they bear the burden pay the president is like a defendant to the court of law. they bore the burden to prosecute them and they failed. we were lectured by law professors, we had a bunch of people opining about what they think our policy toward ukraine should become who then had to admit they had never talked to the president at all, let alone about ukraine. that one or two people had ever

met the united states and their witness list. so they failed to make a case and now they want to set it to cleanup. for months, the democrats had the show trial. the one knife inside a choked on my show trial and basically a kangaroo court, not allowing us to present our own witnesses on their own evidence. now they want the republican-controlled senate -- speed is it fair to say the legal team and the president almost looked forward to calling witnesses? >> no, what they look forward to is arguing the facts. they look forward to taking these two articles of impeachment, which are abuse of power and obstruction of congress, and saying this is the first time in american history that a president hasn't even been charged with the crime in the articles of impeachment. >> sandra: i heard you mention executive privilege. lindsey graham said over the weekend that is beyond serious consideration. i heard you say that when we talked about john bolton being called as a witness. is that the plan? >> i will of the lawyers filed a brief today, and if we ever come to that, there is no guarantee

witnesses will be called. i'm really making the point that these house impeachment managers are already known the senate. they had their chance, they failed to do that. i think americans are very smart when it comes to how american jurisprudence works. if you want to bring a claim against somebody in a civil or criminal trial, you provide the evidence. you provide the witnesses. you bear the burden. and they failed to do that in the house, so they want to rush over to the senate and have the senate fill in all the blanks that they failed to do. where is the claim? extortion, the obstruction of justice, the quid pro quo. all these things we were promised were going to be in there are simply not in the articles of impeachment. we have to stick to the record that came over to the senate, in my view, that was put together by the prosecution here, the house. this will be unprecedented. they blocked their witnesses and other want witnesses in the senate? when people are comparing this to clinton, let's have a quick review. i was involved, i'm old enough to remember the clinton impeachment. he lied to the grand jury on

august 17th, 1998. and then he was impeached. he asked his personal secretary to lie about the fact he had never been alone with monica lewinsky. clearly they were. that he had given her gifts. he is lying to the staff, to his cabinet, to members of congress, and then lying to the grand jury several times including in front of the whole world and videotaped testimony on august 17th, 1998. there is no comparison here on the substance, on the facts. speech going back to what is going to boil up as the big debate over witnesses and that 51-vote threshold, 47 democrats obviously would be yes. the question is the four -- will it be four g.o.p. to join? is the president and his team hearing anything about that this morning? >> we respect the senate has a job to do, constitutionally they will do that job. it's going to be very arduous process, no phones, new technology. they will have to listen, they can't ask questions themselves,

go through the chief justice. everybody at this point should know that process. at the same time, the entire question of witnesses. look at what happened in the house. the president was denied calling his own witnesses. that's a complete disgrace. in the senate we will see what happens. you need a 51 votes to allow for witnesses. also, what is this 47 democrats were going to vote for witnesses? how do we know that's true? i've read that reported, but again -- >> sandra: republican colleagues of the present, ted cruz and others, suggested that the case. >> they could be going in lockstep, but look what happened. the only and bipartisan so far about this impeachment sham has been the bipartisan opposition to it in the house. remember, every single republican voted against the articles of impeachment, and two democrats did. they voted against one of the articles. one of the guy switched parties, democrat or republican, he was so offended by this impeachment process and the lack of substance in those articles.

this is not an abuse of power, it's an abuse of the constitution. the constitution does not allow -- >> sandra: that's the case the white house laid out in response to the brief that came out of the house pair let me ask you about the president heading off to davos, switzerland, leaving later today in the middle of all this. which is obviously really something. what is he saying this morning? have you spoken with him? >> the president is actually tweeting, so you know what he thinks about different things today. but look at what he's doing in the midst of all this nonsense. it's exactly the way this man, who i've been working with four straight years now, operates. he does the job of the american people. last week, not one but two historic trade deals, usmc and china. that will directly benefit the american worker, 76,000 new autoworker jobs are predicted. read the reuters report, zero of the 15 major auto manufacturers are expected to move their production overseas and take the tariffs. instead they will stay here.

176,000 jobs altogether, the usmca. the china deal is historic. the 29,000 plus dow jones average from last week, that benefits the farmers, the ranchers, the manufacturers. so we had two big trade deals, the stock market, the wage growth. but the davo scum of the present will talk about the economic miracle that is the american economy now. the deregulation, the wage growth, the energy. the liquid natural gas development, and also we -- our next he is a great antisocialist pro-american message to deliver in davos. whatever nonsense on capitol hill, they will do. his team will keep him abreast of that. his legal team is ready, admired, and confident. they've been fairly confident. while anybody is out there preening about what will or won't happen, they been working in quite. we will hear from them tomorrow. >> sandra: through final thoughts.

one, i got note from capitol hill the impeachment managers are heading to the senate chamber for the walk-through before the trial. so that is happening now. final two thoughts, state of the union. as the president considering delaying that while the impeachment trial goes on? >> we have february 4th circled on our calendar for the seat of the union. but after the iowa caucus. look for to the president delivering this, national security it, economics and purity. working on the guests who will be working on the substance of the address. he is anxious to address the people. unfiltered, directly, for the president to you in your living room, on your phone on your laptop computer, on the radio. however it is you receive the message from the president without everybody telling you what he said and what he meant. >> sandra: having met with the presence legal team we are awaiting this brief. when should we expect to see that? before noon? >> it supposed to be filed around noon, but again, they are prepared, they are ready. it's a very confident team up there. at last, they've had to sit

down -- >> is the president confident in his legal team? >> he's absolutely confident in his team. he built them themselves. pat cipollone, jay sekulow and the others you've been covering for the last several days. and their associates come working round-the-clock through this past weekend. even before that, sandra, it's not american jurisprudence for the person being accused saying he didn't do it to have to sit down and take it. that shouldn't happen to any of us, little of the presidents of the united states. people have weaponize the constitution here. these people wrapping themselves up, "we are worried about the constitution," they can't even respect the second amendment. so i don't need to be lectured by then. >> sandra: i've got to go, kelly end. does the president think you will be acquitted? >> we know the president will not be removed from office and he will be reelected for many reasons. the historic economy, the deregulation from nobody's trying to do, keeping us safe, taking it to major terrorist,

al-baghdadi and soleimani, two majosupreme court justice, two terms. the people who have questioned this at the exclusion of more help on the american people, probably will help them get reelected. >> sandra: kellyanne conway, we appreciate your time. >> ed: we will stay on that. also this, fox news alert, virginia's democratic governor declaring a state of emergency after apparently receiving credible threats before today's gun rights rally that is drawing thousands of second amendment supporters to richmond. >> the crowd is going to be bigger, and i think it's because people are really dissatisfied with what's happening now. >> we do not need any violence and we don't need a reprisal of the failures that we saw in charlottesville. we are doing everything we can and taking every precaution and every step imaginable to make sure we are saying on monday. >> ed: big day, our correspondent mark merritt if his life on the ground in richmond. what you see? >> it is bitterly cold out here in richmond, virginia, but that's not stopping thousands of

people from showing up around the state capital to support gun rights. you can't see this, we are a few blocks away. only because there are so many people come you can't get a sell signal out. i want to show you some of the video we sent back up to new york to give you an idea of how many people have come out here today to show to their opposition to the new gun laws have been proposed by the democrats here in virginia. a number of these gunite supporters say that they wanted to come out here to speak out. you've seen a number of people showing up of their weapons on them, things like handguns, ar-15s. people out here certainly make a point. people tell us >> these people are responsible gun owners. these are real, true, red-blooded americans. i've met no one out here that has threatened anyone. >> i don't think there will be any problems here. unless some people show up and try to antagonize a problem. the people here, we are all law-abiding citizens. we have no problems.

we are not intent on causing any problems. >> virginia's governor declared a state of emergency ahead of this rally because there were some reports t through juan fortman sources that this could turn violent. that hate groups would make their way to virginia. i just came around the capital treatments go and it was fairly calm. a lot of people walking around with these weapons, but people were being respectful to each other. law enforcement has been out here, we've seen the police helicopters overhead. we've also seen a number of officers here on the ground. people very respectful, lots of national media out here, as well, as you can imagine, ed. a lot of people out here saying they will stay out here as long as it takes, for lawmakers to hear their opposition to some of these gun-control measures being introduced. things that would limit the amount of weapons a person can purchase in a month, and also the red flag laws that were removing weapons for people who may be causing harm to themselves or others. ed? >> ed: got it.

mark meredith, thank you. >> sandra: for the first time ever come "the new york times" in nursing two candidates for the nomination. why the editorial board says they made that decision. >> ed: plus, royal caribbean slamming a lawsuit over the death of a toddler in one of the chips. why the cruise line says the suit should be dismissed. ropped to near 50 year lows. call newday usa. one call can save you $2000 a year. with the newday va streamline refi there's no income verification, no appraisal and no out of pocket costs. and my team can close your loan in as little as 30 days. one call can save you $2000 every year.

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>> ed: royal caribbean cruise lines blooming reckless and irresponsible behavior by a child's grandfather for her death. but how they feel from an 11th story window on a ship last summer near puerto rico. turning us now, attorney, author of the book. i appreciate you being here. the court filing seems somewhat open and shut from the royal caribbean standpoint. what they say is this is a case about an adult man who, as

surveillance footage unquestionably confirms, walked up to a window he was aware was open, lead his upper body of the window for several seconds, reached down and picked up chloe and then held her by and out of the open window for 34 seconds before he lost his grip and dropped her out of the window. that videotape from royal caribbean seems to help their side. >> it helps their side enormously. they did want out to file this. they are to it. the family filed a complaint against them saying they were negligent in the way they have these windows. they took this video and said, "listen, it was not foreseeable --" an important word under the law -- "it was not something they could've prevented that his grand father would look out the window, no it was open, pick up the child, and hold her there." i think they have a strong argument there. i don't know that the motion will be granted, because judges -- dismissing it altogether. judges tend to give plaintiffs an opportunity to bring their case. but i do think it is a very strong argument. >> ed: the grandfather also facing a criminal case,

potentially come in puerto rico on negligence. >> criminal negligence. he's basing that charge, which is separate, different standard in a different burden of proof. but also something this video, which they would have had in the criminal investigation no matter what, the city will be real helpful to him either. >> ed: earlier in all of us the family attorney spoke out and give their side pay let's be fair to them and listen. >> i think it royal caribbean can answer this question, why would you ever come in a kids play area, put windows passengers can open? we've all had that experience where someone walks into a glass sliding door thinking it's not there. this is the inverse of that. it was reasonable for the grandfather to think this is all glass, because from his perspective it was all glass. >> ed: they have video that may contradict that. but what to say about the family's attorney side? >> that's his best argument, it's his only argument. other cruise ships don't have windows that open this way, so it is foreseeable that someone might want to poke their head out the window. ultimately that might be a question for the jury. i think this case will ultimately resolve with the settlement before it gets to a

jury. right now each case is trying to wrangle for a better position than that settlement. >> ed: back to the original filing, if he maybe thought was glass, he might have gone out for a few seconds and pulled her back. paper the video shows over 30 seconds. that was in two undermined the family's case. >> he looked, clicked out without the baby for eight seconds, then picked her out dominic up and held her out for 34 seconds. in so many cases we see, the surveillance is just one side. i think surveillance is pretty strong for the defensive royal caribbean. >> ed: so it seems unlikely the motion to dismiss it altogether will work for royal caribbean? are beheaded for some kind of a settlement? >> they don't want us to be talking about this on the news. they have a good position, so maybe they will get a settle for lesser amount. that's oftentimes a good resolution for everybody. >> heather hansen, thank you. sandra? >> sandra: a deadly virus in china frightening travelers at airports all around the world. why experts warn the serious

illness could spread like wildfire. plus, two weeks before the iowa caucuses, 2020 democrats getting aggressive with each other. >> that's just not true. it's tough to quit smoking cold turkey.

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>> sandra: a busy day on the campaign trail is 2020 democrats honor dr. martin luther king jr. today.

"the new york times" meanwhile with a surprise double endorsement, becky amy klobuchar and elizabeth warren, ellison barber live in des moines with the latest from there. hey, ellison. >> busy day of campaigning for a number of candidates. as you said, there is a lot of talk about that surprise endorsement from "the new york times" editorial board late last night. they made their endorsement and endorse not one but 22020 hopefuls. senators elizabeth warren and amy klobuchar, saying "may the best woman win." according to the times editorial board, the radical and realist models were in can dominic serious consideration of the time when their religion or questions about whether our democratic system is fundamentally broken. they say they are the most affected advocates for each of those approaches pray the iowa caucuses are in 14 days, and former vice president joe biden and senator bernie sanders are still at the top of recent state polls. the times says neither of those

candidates are up for the job. for sanders, they say health is a concern and question the effectiveness of his anti-comprehensive -- or into a compromise approach for policies that come in their view, are often overly rigid, untested, and divisive. on biden they suggested policy proposals are outdated and aimed at returning to a preterm status quo. it is time, the board rights, for him to pass the torch to a new generation of political leaders. klobuchar got another big endorsement from the quad city times, the paper distributed in eastern iowa and western illinois. eastern iowa is home to a number of pivot counties that voted for president obama in 2012, and then president trump in 2016. the two endorsements give her some good momentum, but the question is, can she build on that from d.c.? remember, she's 1 of 4 senators still in the race for the democratic nomination and soon all of them are leading the campaign trail for the impeachment trial. they have all said that they

hope they are banking on voters understanding this is their constitutional duty to be at the impeachment trial and that they would be on the ground here if they come in. we know that all of them are slated to come back as much as possible. they are planning to send surrogates and family members to campaign in their place. senator amy klobuchar has suggested that she is going to try and skype in to events like town halls, community events, whenever she can. sandra? speech from snow we did when i was this morning, ellison barber, thank you. >> ed: for more on this we are joined by governor godson knew. i bet there's a little snow up in new hampshire where he normally is. good morning, sir. >> how are you, ed? a new sheriff in town. >> ed: i don't know if i'm the sheriff, sandra is pretty tough. she's an athlete from lsu, so we are tough coasts. i want to talk about this "new york times" endorsement. it wasn't just about lifting up candidates. they were pretty savage on some of the male candidates.

let's separate bernie sanders. sanders boasts that compromise is an anathema to him. only his prescriptions can be the right ones even the most are overly rigid, untested, and divisive. they really took on sanders, who has been surging. >> they took on sanders and they took on biden. really, i thought their attack on biden undercut him tremendously. the interesting thing is they undercut warren. when they were talking about how effective and communicator he is, they talked about her being a gifted storyteller. all i could think about when i saw that phrase was the one about her native american heritage or her line about having been fired for being pregnant. gifted storyteller. the times underscored the huge

divide in the democratic party. they took one from one lane, from the crazy lane, elizabeth warren, and they took one from the middle with amy klobuchar. buttigieg your point about a storyteller, the president has set for a long time elizabeth warren is a fibber, essentially. and maybe the time stumbled upon that very point. let's get to the former vice president. you're right, the times was savage about him. " mr. biden maintains the lead in national polls, but that might be a measure of familiarity is much as voter intention. what's more, mr. biden is 77. it is time," the times says, "for them to pass the torch to a new generation of political leaders." it's almost like they are writing a term script for a new lad. >> it did, build. see? bad habits. [laughter] it did, ed. frankly, they've just underscored what trump has been saying all along. i think you are going to see

more of this, as newspapers and media across the country that are close to the democrats start accepting the responsibility of endorsement in this primary process. i think you will see some of the dividing lines within the party started to show up in the endorsement. >> ed: you been around politics a long time, which is why we have you on. did the dressing, for all the bad things for joe biden laid out even by "the new york times" editorial page, he is still the front runner and there are some polls in south carolina -- a key state, as you know, early on -- where he seems to pull away from the others. what explains biden against the odds are meeting the front runner >> it underscores the wearable divide within the democratic party. they really do have internal problems. they have been trying to claim what really is causing the problem as a positive, but as you get into real voting now,

those divides are going to show you've got sanders going after biden on issues like race and social security, back and forth. you have elizabeth warren going after bloomberg for being a billionaire. can you imagine if bloomberg manages to pull it out, how is the progressive wing of the party going to support him? these are real issues. >> ed: i saw you chuckle a moment ago when i said you've been around a long time. i didn't mean to suggest are old or anything like that. but joe biden is pushing back and pretty angry at bernie sanders for saying biden wants to cut social security. watch the former vice president. >> there's a doctored video going around, put out by one of bernie's people, saying that i agreed with paul ryan, the former vice president of candidate, about wanting to privatize social security. they doctored the piece, and

it's acknowledged that it's a fake. i've been a gigantic supporter of social security from the beginning. >> ed: governor, the problem is there is actual tape of the former vice president just a couple years ago saying, basically, he wanted to cut social security. >> well, he just forgot about that. it's consistent with the way he's been trying to run a reborn campaign here. redefining his position on every issue. i think it's just going to come around and burn him badly. he is really counting on south carolina as being his miracle result, but he's got to understand there is much more to the primary process in south carolina, including iowa and new hampshire. and of course, especially new hampshire. >> ed: real quick, on the money, we show this graphic earlier. cnbc analysis of the money coming in at 2019. it suggests the president has

$143 million that he raise. $515 million for all democratic rivals if you put them together. there's lot of them. the trump campaign contacted me a few moments ago and said they raised coming 2019, $463 million if you look at the joint fund-raising committees with the rnc and others. on the president has $200 million in cash in the bank. that will serve him well heading to the reelection, won't it? >> i think it will. remember, you have 21 pipelines of money that democratic number. the only money problem president trump may have is the $50 billion war chest that mike has if he decides to go crazy with spending in the general election. whether he's the nominee or not. >> ed: on that point, i think the original story was trying to suggest if you add up all the democratic money it suggests enthusiasm for the democratic side. might that counter view the that with impeachment, for example, some of that may boomerang on the democrats? and you got a base for this

president that seems pretty darn fired up. >> is not enthusiasm of the democratic side, per se. it's enthusiasm in different channels. it's to figure out how to come together after they get a nominee. i really think right now that is their biggest problem. i don't really see them solving it. >> ed: former governor john sununu come a very young, spry political analyst. i appreciate you coming in. >> good to have you. we'll have fun over the next years. steve got breaking news for you, just now the president's legal team has filed that impeachment brief. we are expecting this to happen for the new deadline today, and in that brief we are learning that the trump team calls the impeachment charges "flimsy and a dangerous perversion of the constitution." as we learn more, let's get to capitol hill correspondent chad pergram on what more you

can tell us about what has just been filed. chad? >> that's pretty much all we have at this stage. they say it's flimsy, perversion of the constitution, we will be parsing that in the next couple of minutes. this is the latest in a series of briefs that we are going to be seeing over the next couple of days here. the house has an opportunity to rebut that tomorrow by noon. keep in mind the senate trial will start in earnest at 1:00 tomorrow. as we speak in the last 40 minutes or so, six of the seven impeachment managers have walked over from the house. they are in the senate chamber right now and we are not allowed then so we can't show you any video. we expected that some point the senate majority leader mitch mcconnell to release his resolution though dictate the framework for the trail. we are expecting the following. 12 hours on wednesday, 12 hours on thursday for the prosecution. the house managers to present

their case. we would expect the defense, the president's legal defense team, to expand on that on friday and saturday. i had a senior administration official indicate to me they don't think they'll have to consume as much time as the house impeachment managers will. if they wind up eating up all their time through saturday, they are in big trouble. but that's where they will expand on that brief here. it's a disease house impeachment managers finish their walk-through in the senate chamber, you can bet your bottom dollar they are going to be looking at this brief in preparing their rebuttal, which is out tomorrow. and then the question is, what they do with witnesses and documents? that is question that is going to be raised until next week. something i can tell you is the democrats, the impeachment managers, are pretty expect upset they don't have the free market to go into a trial as early as tomorrow. one question was raised, why not take this to the chief justice john roberts? and they refuted that idea. back to you. >> sandra: so we'll wait to

hear more about this brief that has just been filed by the white house legal team. chad, i'm sure you will be all over that for us. we will have more news for our audience in a few moments. chad, thank you. prince harry meanwhile making an emotional speech addressing his decision to step back from his royal duties. joe piscopo will be here to weigh in on "megxit" when we go beyond the headlines. that and the news when we return. look, this isn't my first rodeo...

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>> of the decision that i have made for my wife and i to step back is not one i made lightly. it was so many months of talks, so many years of challenges, and i know we haven't always gotten it right but as far as this goes there really was no other option. >> sandra: that was prince harry, finally breaking his silence as we go beyond the headlines this morning. to take a look in depth at the royal fallout from megxit. >> harry!

harry! suites that's joe pacifico >> harry! hi. sweet tells how how you really feel. >> i got into trouble because i said before that, who cares about the royal family? god bless them couple of the queen. how cool is she? us are looking into it, that was very nice speech he made. it was a very heartfelt, humble speech. this is what i think i'm if i may. his mother went through so much with the press. i think that's what it's about. "i don't need this anymore. every second of every day." to his wife, they just said, "let's go back to north america come to canada." i can't blame him for that. speech i can't imagine that will calm the media speculation. they had already planned to move her and set up shop there. >> good point. i will take all the money they don't get from the royal family. i love that they've bypassed all that. isn't that great? "no thank you, no money, thank you." ct did come into your blame the media for

stepping away. here's prince harry on that, first. >> when i lost my mom 23 years ago, he took me under your wing. you looked after me for so long, but the media is a powerful force. our collective support for each other can be more powerful. >> sandra: i don't think there's anybody who looks at him and is not a heart and say, this is a nice guy. he says he's trying to do the right thing for his family. >> there are so many more important things going on, but you have to feel for him. his wife wants to go back, and the father gets in the way, do you see that? >> sandra: here he is, thomas markle. he's accusing her of cheapening the royal family and a new interview. >> this is one of the greatest long living institutions ever. they are destroying it. they are cheapening it, making it shabby. they are trying to get into a walmart with the crown on it no.

it's something that's ridiculous, they shouldn't be doing this. speech whether you follow the royals, that's very sad. >> it's his daughter! you never talk outside the family. what did they say in the "the godfather?" "never speak to anybody outside the family like that again." really is an italian thing, you don't talk. i can't believe that guy did that. can i take a second? your producer will kill me. it's been a long time, ed henry. i got them a gift. he's a baseball fan. he wrote the greatest baseball book, "42," about jackie robinson. if it was worth a lot, i don't know that i give it to. he said that. that's for ed henry. i'm sorry, but if it weren't for law enforcement police officers in honolulu, we are pro-law enforcement, as you are. on "america's newsroom" and fox. when we do the tunnel to towers foundation and we help out the

catastrophically wounded, a lot of the cops give me the badges. massachusetts, arizona, you, miss lsu, look what i got from baton rouge, louisiana. so i wanted to leave you a little something in the name of law enforcement everywhere. >> sandra: frank is a frequent guest on this program. >> ed is so brilliant. >> ed: a lot of families for first responders who lose their lives. >> sandra: thank you, joe piscopo. we'll see you on monday. >> congratulations. love you, man. >> ed: meanwhile, the mysterious viral pneumonia spreading in china. listen to this, it's already killed three people, sickened dozens more. why u.s. health officials are now fearing a global outbreak. 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,

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>> ed: a mysterious new virus spreading in china now has u.s. federal health officials on high alert. screenings underway for airline passengers at three american airports for any signs of the illness that has already killed three people. our correspondent, alex hogan, has a live report from here in new york, new york. alex? >> that respiratory illness is raising even more cause for concern with a number of infected in china tripling to more than 200 people over the weekend, now we also have new details about how this is spreading as a precaution federal health officials are now screening passengers arriving from china to san francisco, los angeles, and new york's jfk airport. that is because these airports see high numbers of passengers from wuhan, china, the area where the illness was first detected on december 31st. when hundred extra workers staff that all three airports this weekend. >> when passengers disembark from the slides, they will get

question. most passengers will get questioned, get their temperature taken, and be sent on their way. >> the coronavirus is a form of viral pneumonia, and three people are dead so far. at least 162 were diagnosed in china over the weekend alone. it is believed that the patient's first contract to this virus at a local animal market, but now we have confirmation that this is human to human transmission. again, according to chinese infectious disease experts. again, this is one of the busiest times for travel, when it comes to the chinese new year. that's generally 25th. millions of people are expected to travel across china and overseas to celebrate. now china is not the only place this virus is popping up. we are seeing cases also reported in thailand, south korea, and japan, with travelers who recently visited wuhan. despite the confirmed number of

cases we have so far, experts say these numbers could be much higher. however, the centers for disease control says the actual risk to americans at this point is low. sandra, ed? >> sandra: to >> ed: welcome to fox, welcome to the show. >> sandra: events across the country honoring dr. martin luther king jr. moore and his legacy next. excuse me a minute... hi dad. no. don't try to get up. hi, i'm julie, a right at home caregiver. and if i'd been caring for tom's dad, i would have noticed some dizziness that could lead to balance issues. that's because i'm trained to report any changes in behavior, no matter how small, so tom could have peace of mind. we'll be right there. we have to go. hey, tom. you should try right at home. they're great for us. the right care. right at home.

>> i have a dream. that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character. i have a dream. >> come brazil's audit earlier when she said you will never forget that speech or the

legacy. >> it's great to look back at his life and legacy and we will do that today. it was great to have you, our first date together. >> i feel like we've been doing it for a long time. >> thanks for joining us. "outnumbered" starts right now. >> this fox news alert, president trump's legal team unleashing in a new brief filed moments ago. fleming what it calls democrats flimsy impeachment charges and labeling them a "dangerous perversion of the constitution." this with the impeachment trial set to resume tomorrow, white house counsel kellyanne conway weighing in after speaking with the president's defense team this morning. >> what you look forward to is arguing the facts. they look forward to taking these two articles of impeachment, which are abuse of power, and obstruction of congress, and saying this is the first time in