he mentioned lauren diego, both his children and russell crowe, david foster, katharine mcphee and a new tour in february and june and here in new york at msg a few times in december. and the movie is in theaters -- in theaters november 8th. the same director, sam rich, who did the tour for taylor swift. he is doing broadway, too. >> steve: we had him in "fox & friends" in studio a. it was maybe the best performance ever in this building. >> ainsley: my brother loved him. we listened to him in our house. >> brian: does he sing in english at all? >> bill: here we go at 9:00 in new york.

cabinet picks coming in fast and furious. we may get more this morning. stand by for that. president-elect donald trump putting national security front and center as we can see from the screen. good morning, everybody. i'm bill hemmer, tuesday, its we'll see what we get today. >> dana: i love this part of the process. i'm dana perino and this is "america's newsroom." foreign policy, so smart to start there. so much is happening. a source is telling fox news the president-elect is leaning toward marco rubio for secretary of state. topping his agenda would be the war in the middle east. >> bill: we're awaiting confirmation of more cabinet picks as the president-elect looks to hit the ground running. let's begin in west palm beach with mark meredith. >> former president trump and president-elect trump is moving quickly to staff up his global affairs and national security team. he is expected to nominate marco rubio to be his secretary of state. it wasn't that long ago we saw

trump and rubio gunning for each other in 2016 election. since then they forged closer ties. rubio endorsed trump this cycle right before the iowa caucus. he also served in the senate since 2011 sitting on the intelligence and foreign affairs committee and widely viewed as a staunch defender of israel. we hear from fellow senator rick scott who says it is a wise pick. >> he has great nominees. i hope it's true about marco rubio, my friend, secretary of state. i hope that's all true. we have to get his agenda done. >> on monday trump announced he has selected tom homan become his border czar. homan saying the incoming administration plans to carry out mass deportations and plan to execute those ideas early next year. >> criminals and gang members get no grace period. while we're prioritizing the national security threats --

again, we know who you are and we will come and find you. >> also new this morning sources telling fox trump plans to pick south dakota governor christie nome to head the department of homeland security. she faced considerable blowback earlier this summer after admitting to shooter her dog who had become unruly. yet to hear from trump directly on some of these more high profile picks but he will be in washington tomorrow for that sit-down with president biden and all eyes will be seeing on what he hopes to say with the outgoing president. >> bill: thank you, mark. back to you as news develops in florida, thank you. >> hopefully this judge and i know that's not a legal basis to continue a case, but hopefully he gets it right and follows the actual law. the thing, americans voted for president trump and believed in his position that the justice system has been weaponizeed. this judge should see that and allow this country to be unified

under the supreme court's rule. >> bill: here is the case in new york about a year and a half ago back in march the grand jury hands down the indictment against the former president. then on april 15th the trial began in new york. the president came back and made campaign stops during that trial and at the end of may the jury found trump guilty on all 34 counts. then you get this thing that comes in. supreme court says that former presidents get immunity from acts they committed during the presidency and then a short time later in september 6th the judge merchan delayed the sentencing until after the election. want to bring in andy mccarthy now and get his thoughts on this. i don't know what merchan does. i'm sure you have thoughts. when the supreme court says former presidents have immunity from acts they committed while they were in office. that would include the checks that were written to michael cohen for the following year. is that the right read?

>> no, bill. i don't think so. that would still be considered a private act. it is not just that it's temporally done while he is president. it has to be an official act of the presidency. the problem that bragg has in this case is really a gratuitous problem of his own making. he could have proved his case just by using witnesses from the trump organization and michael cohen and not gotten into presidential acts. instead he decided to ignore the possibility that the supreme court might do this immunity jurisprudence they did and he called two witnesses from trump's white house staff to talk about his practices as president. i don't think he is in a good position to say that that was just minor and unimportant. when they argued to the jury at the end of the case, they described that evidence as devastating, the prosecutor did. i think he has a problem with the immunity decision.

>> dana: your op-ed says the last stand of anti-trump lawfare and i want to remind people. letitia james, after president trump was elected president, here is what she said. >> we did not expect this result. but we are prepared to respond to this result. and my office has been preparing for several months because we have been here before. we faced this challenge before and we used the rule of law to fight back. and we are prepared to fight back once again. >> dana: do you think she will go forward with this? >> no, i think that's a political argument, dana. i think she is very ambitious and wants to run for higher office in new york. there will be a governor's race coming up soon. look, the first time that she ran, she campaigned on the idea that if you elect me i will use

the powers of the office against trump and unfortunately she won in a landslide, which suggests to me that we have more of a cultural problem here than a legal one. she has a big problem with her case she already brought against trump with the court of appeals that seemed hostile during the oral arguments. i wouldn't hold my breath for another case from letitia james. >> bill: what does the judge do? he never cut trump or his team a break during that trial. >> no he didn't and ruled against them across the board. he could rule against trump on immunity on the idea it wasn't central to the case but give trump the opportunity to appeal immunity, which should be done immediately. you don't have to wait an immunity until the end of the criminal case. and that would delay the sentencing. so what i'm looking for today is he probably rules against trump on immunity but gives him a

chance to appeal it and that will take the case away for months and then when trump comes into office i think the case will be suspended until he is out of office. >> dana: that would be my next question. it can be suspended and basically put on hold and the back shelf until four years from now? >> yeah, when he is 83, right? yeah, i think, dana, what would happen is the trump justice department will come in and argue that under the supremacy clause the states can't taken forcement action that frustrates the ability of the federal government to function. the way to balance those competing interests, the interests between the states' law enforcement and federal government's operations is suspend the case against trump until his presidency is over. if they want to try to pick it up again in four years they can do that. >> bill: andy, thank you. interesting stuff. the judge will issue that

decision, written opinion sometime on tuesday. could come any moment. we'll bring you back if that comes our way. >> dana: thank you, andy. we're awaiting house gop leaders set to speak this morning in a handful of race results could determine complete gop congressional control. across the aisle progressive lawmakers are throwing blame and hillary vaughn is tracking it for us with the latest. good morning. >> good morning. house progressives say they are not the problem in the democratic party. they don't think the progressive left are the ones that are alienateing voters. instead they say the problem is with establishment democrats tied to big money. they think they are the ones holding the party back. >> it's just what they do every time but let's look at what their votes were on critical economic issues. look at how many of them take corporate pac money and tell me how you think it was progressives that are to blame. >> bill: progressives welcomed

new members to their caucus on capitol hill and plotting their next move. some want to turn the lame duck session into a last-ditch effort to thwart president-elect trump's agenda by getting as many immigrants who are waiting for it, their legal paperwork and spend as much climate money congress allocated as fast as possible. >> there are a lot of people who could have green cards or be u.s. citizens. we should make sure that people have the paperwork they need so they don't have their civil liberties violated by the right wing crazies that trump is about to put in power. as far as the climate goes, the more we can get federal support to those businesses and those workers that will use the dollars responsibly we should get the dollars to them before trump finds some way to get it into one of his donor's. >> progressive pressure on president biden to use executive authority to try to stall president-elect trump's agenda.

jayapal saying while executive orders can be undone it will tangle up the trump team and get their administration off to a slow start. >> dana: hillary vaughn on the hill. i can't get enough of it. keep it coming. thank you. >> bill: also breaking this morning a moments ago the majority leader chuck schumer has invited the republican dave mccormick and the democrat gallago to orientation after initially snubbing mccormick. >> dana: scary moments as spirit and jetblue flights are hit by gunfire. >> bill: president-elect trump moving forward with a planned immigration crackdown. what his new border czar is saying about the effort to go after criminal migrants. >> trump has made it clear we will prioritize public safety threats and national threats first. that's where the focus is. these cartels are animals and

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>> bill: so you have some escalating gang violence in haiti forcing the closure of puerto vallarta. plains were struck by gunfire and three american airlines have temporarily suspended service in haiti. the two flights hit by bullets were safely diverted and the u.s. embassy is urging u.s. nationals to avoid travel to the war-torn country as that situation remains unstable as of today. >> dana: that's to say the least. republicans are nearing full control of congress preparing to make ambitious strides toward donald trump's agenda but democrats have other plans. reportedly plotting an 11th hour sabotage of his policies.

axios reports minority leader jeffries is alerting allies of a resistance to the next administration. joining me now is republican congresswoman from michigan lisa mcclain. great to have you here. let me quote. house democrats are strategizing this way to put the damper on trump's administration's sweeping plans while party still retains some control in washington. i think people might want to know what could they possibly do in the next six weeks? >> i have no idea but they will try and do something. however, i think if you take a look at election day, the american people sent a mandate to washington. they want a washington that works and that works for the american people. so i think the best thing we all could do is get back to business. close the border, get inflation down, let's take a look at moving forward and making american great again. so that's what i'm sure

president trump is ready, willing and able to do and the house and senate stand by to do the same. >> dana: there are a couple of big things happening including the farm bill that has to get done before january 2nd. do you see it going smoothly? >> i do. smoothly is a very interesting word. democracy is messy and we have a very diverse coalition of americans, of voters, people in congress. but i think that's good because everybody gets their voices heard and disagreement isn't disloyalty. at the end of the day after we listen to everyone, we will get a very resilient, prosperous farm bill that americans will like and than beneficial as well. >> dana: i had to read this twice and play it for everybody. congresswoman jayapal in the house, you don't have the filibuster but the democrats are talking about changing the

filibuster and encourage kamala harris to run on the filibuster to get things done. now republicans are in charge of the senate and probably the house as well. it looks likely. here is what jayapal said yesterday. >> am i championing getting rid of the filibuster no? had we had the trifecta i would have been. we have to show that government can deliver. >> dana: isn't that the kind of unprincipled take the voters were reacting against last tuesday? >> that is the exact mandate that the american people said just play by the rules of the game, right? if you can't win, maybe you are doing something wrong. maybe it is your policies that are the problem. at the end of the day, dana, we were elected to represent the american people. we have an obligation to do that, not change the rules of the game whenever its convenient for us. so perhaps its your policies you

should take a look at. that's why president trump won an overwhelming victory because he has good policies and he actually puts the american people first. >> dana: you will try to replace elise stefanik. she is being tapped to be u.n. ambassador. in fact, moskowitz, democrat from florida said she will do a good job in that position. i want to show everybody on the board here you will be running against a couple of other folks that have thrown their hat in the ring already. kat cammack of florida and blake moore of utah. what would you do different to what elise stefanik has been doing over the last couple of years? >> first i think elise has done a remarkable job. i would follow a lot of her lead. i have been with president trump since day one. even when it wasn't popular,

much like elise has been. and the issue is we have to bring the coalition of very unique voters together. we have a very big di verse caucus. we have a big and diverse america. what i think we have a commander-in-chief in president trump to set the agenda and tone and it will be my job as conference chair to get the conference together, make sure that we are singing from the same hymnal to move his agenda forward and be able to articulate in a very simple manner how to make america great again. get inflation down, close the border, etc. , i'm excited to get to work with my colleagues to do just that. >> dana: go have a great day and thank you for joining us this morning. >> thank you. >> dana: this week on the perino on politics podcast my guest was don stewart and we talk about

trump's victory and the fairly traditional outcome despite who untraditional candidate. that's a tease. check him out there. >> bill: he is stirring it up. day five witness testimony in the daniel penny trial set to resume moments from now. a lot is on the line as jurors are expected to hear from more witnesses to the subway death and judge janine is outside the courthouse and take us through it in moments. a frosty face-to-face. first lady jill biden and kamala harris meeting publicly yesterday for the first time since the election win. how did this meeting go? at patriot mobile, we take the word service to new heights, but our mission is to honor and serve patriots, like harry mcbrien. post 911. my life oscillated between multiple tours with the marine corps and my police job, profoundly disrupting my health and changing who i was.

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>> bill: so coming up in matter now witness testimony resumes in the daniel penny trial in new york city. jurors expected to hear more compelling accounts of what happened on that day in a new york subway may of 2023. the marine daniel penny putting

jordan neely in a deadly choke hold. defense attorneys maintain penny acted in self-defense. judge janine pirro is standing outside the courthouse in lower manhattan. good morning to you. here is what some of the witnesses have said thus far here. i did not feel safe when he was moving around erratically. he was scared for my son. another witness i was scared that i was going to die in that moment. you have been in the courtroom. what have you heard from these witnesses? >> well, what the prosecution case has presented are witnesses who have given testimony that is devastating to the prosecution. remember, danny penny had the right to use force that was justifiable based upon what he reasonably assumed or believed was about to happen on that moving subway car underground in the dark. so we expect more testimony from

witnesses who will talk about how frightened they were. the fact neely came out and said i will kill them. i don't care if i die today. people saying they have ridden the trains for 30 years but never felt like this before. today we expect another witness from the train in addition to a police officer who will testify to more of the excited utterances of people who were frightened, as well as the individual who held down jordan neely as danny penny had him in the choke hold. remember, that danny penny as it relates to the choke hold, some of the witnesses there said he wasn't holding him that tightly. he did have a pulse. this is all from the prosecution's case. they aren't doing as well as you might expect. and the defense hasn't even started yet. >> bill: a couple more things. 911 audio from either in the subway or on the street above on

that day. >> i don't know, -- >> he is black. they are holding him down. they are holding him down right now. one man holding -- white man holding the homeless guy down. >> bill: you have that and a witness who did not see the start of the altercation. that defense attorneys are taking great exception to but calling penny a murderer and abuser from the witness stand. how do you think that's going over? >> i'll tell you that itself could be grounds for a mistrial. the defense did ask for a mistrial at the very least it should have been a curative instruction. danny penny is not charged with murder let alone being called a murderer and he is not an abuser as this same witness said. remember, we take witnesses as we find them. they don't come out of central

casting. everybody comes in with their own bias. it was clear that particular witnessed was bias and he had a grudge. the jury will make all this assessment themselves when they get to the deliberation. >> bill: i want -- judge maxwell wiley is the judge overseeing that case. i want to make a hard turn here to a story we were talking about judge merchan's ruling will come down today, we expect. andy was suggesting he will get the opportunity to appeal but this may be punted until he is out of office after his incoming term. what is your read on it out of merchan's office? >> well, okay. the issue, of course, is what judge merchan is going to do. i believe the supreme court case has made it very clear that so much of this testimony was a part of the president's actions while he was president, hope hicks, madeleine -- i forget her last name.

wester house, and even the prosecution referred to that part of the testimony in the oval office at utterly devastating and crucial to the prosecution. so when the supreme court comes down and says hey, wait a minute, this stuff is presumed to give the president immunity, that case has to go. now, for those people who don't agree, you are right, the president has the right to appeal this immunity issue before the sentencing or during, you know, the pendency of the sentencing. everything will come to a halt when the president takes office. and merchan is a small player in this whole thing now. it is bigger than he is. get rid of the case, the supreme court has dictated he do that. the facts are consistent with the president having immunity on so much of that case. >> bill: you get inside the courtroom and we'll hear from you later. thank you, judge. judge janine downtown.

thanks. >> dana: windy day down there. orientation day for incoming lawmakers, house republican leaders set to speak soon coming as their party is now just four seats away from retaining control of the house. with less than 20 races still left to call we're watching it all happen. senior congressional correspondent chad pergram is live on capitol hill. hi, chad. >> good morning. freshman members in the house and senate are trying to learn their way around and get to know their new colleagues. freshmen in congress are like freshmen in high school. there is a lot to learn. >> i'm here to work, i'm here to be able to make sure that i do everything within my power to represent and deliver back home. >> rueben gallago defeated kari lake for senate last night. it will be 53, 47 in favor of the gop. he attends freshman orientation

today. a spokesman for schumer said senator elect dave mccormick can attend, too. bob casey has not conceded. >> this pay politics is on full display now. a big baby, control freak and but it is not his time anymore. it is time for chuck schumer to step aside. there is new sheriffs in town and we intend to deliver for the american people. >> senate republicans vote for majority leader tomorrow. the candidates rick scott, john cornyn and john thune. >> you want to hear what's on the hearts and minds of your colleagues, know what's important to them in the next leader and what they want to see us focused on. a lot will be shaped by president trump and his landslide victory that gives us a mandate to work with him and his team on an agenda that gets america back on track.

>> there is a candidate forum tonight. they pick the leader by secret ballot during a conclave in the old senate chamber. control of the house is trending toward the gop. they have at least 214 seats. the democrats 205. dana. >> dana: leave it to you to give us word of the day, conclave. hemmer has to use it before the end of the show or he doesn't get lunch. >> bill: the challenge is on. >> dana: thanks, chad. >> dana reads sports. >> dana: the miami dolphins snap a three-game losing streak with a 23-15 win over the rams last night. >> here is a toss and on the run into the end zone washington for the touchdown. >> dana: that was dolphins wide receiver washington rushing for a touchdown at the game's opening drive and hill caught a one-yard touchdown in the third quarter. the win improves miami as

standing. that was quite a conclave last night. >> bill: was it a conclave? it wasn't secret. they could have had a conclave in the locker room and decided among them how they were going to win the game. >> dana: very good. you get lunch today. >> bill: donald trump's cabinet taking shape. national security appears to be a main focus as foreign powers are looking at a tough fight these next four years and there was a lot to talk about on that front. stand by. we are watching the trial of riley's suspected murderer. there will be cameras in the courtroom and we'll take you into that hearing moments from now. when i think of the veteran out there that needs to refi his home, he may want to purchase and we can help them and provide that financial solution for them and their families. it's a great, rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran

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>> dana: president-elect trump's cabinet taking shape.

it reflect his security on national security and foreign policy. michael waltz he picked to be the national security advisor. elise stefanik as u.n. ambassador and expected to tap marco rubio of florida as secretary of state. mark allen managing director at beacon global strategies. you know all these folks. marco rubio very interesting. having watched his career through the ages and have somebody whose background with his parents leaving cuba is very interesting. this is his take on iran. watch here. >> iran is working to destroy israel. this is a group that wants to destroy israel. hamas exists to destroy the jewish state of israel. you have to degrade it or eliminate the threat. >> dana: how do you see his view of the world? >> first of all a huge contrast to the biden administration where the biden folks are

constantly haranguing our ally israel. rubio and all these new nominees will be more in line with what trump wants to do, which is to give netanyahu and israel generally a longer leash to be able to take care of all these terrorist threats in the region and by the way, that is in our interest as well. israel and the united states have common enemies. so i think it is a good idea that rubio is in this job serving the president but prosecuting the case for the united states very hard. >> bill: walter russell reid is a must-read. i want to read this one line. events more than doctrines will ultimately drive and define mr. trump's foreign poll see. >> our enemies want america to fail. he needs to outwitting foreign adversaries smarter, better resourced and more ruthless than

the hapless democrats he defeated last week. it is true he comes into a whole different scenario globally than what he saw five years ago. >> you have are exactly right. it seems like we have major wars and conflicts breaking oust all the time. we could have serious military action upon us in three theaters, you see it in the middle east going after houthi. watching what russia may do next and, of course, china could go after the philippines or taiwan. you are exactly right. events are driving the age that we are in and our enemies, our adversaries, russia, china, iran, north korea are working together now. president trump has to have a policy that not only deals with each theater in the world but deals with this new hardening alliance between these four states. >> dana: the anti-nato. >> exactly. >> dana: one of the things always a concern for transition for a country going through a

transition from one president to the next in our case, is there any indication that any of these bad actors plan to do something between now and january 20th before trump gets into office. >> iranians have shown themselves to be brazen in attempts to assassinate president trump. i'm certain they're continuing in their effort to try to do that. we have to double down the security around him. but in generally speaking i think israel is really prosecuting the case very hard against hezbollah, hamas is on its back. the houthis doing more but the big thing that might happen is will iran hit israel again? the supreme leader vowed to do it. they seem to have backed away but not off the table. >> bill: rocket attack in tel aviv. see whether it goes into the eastern mediterranean. one option to pick a foreign leader to have your first meeting whether he or she comes to you or you go to him or her.

who is that? >> i think president trump should go to asia and meet with our greatest allies there. let's start with japan and south korea, talk about activating them to do more to help deter china. we need a balancing coalition to balance china's new influence in the region. we need to show that we're a power in asia. i think it would be a diplomatic move that's very much consistent with what trump wants to do anyway. >> bill: interesting. >> dana: and invite the australians. >> that's the third one. he will call xi and threaten more tariffs of him. i like the idea of allies getting together this is the most serious threat to the united states and we have to watch this. >> dana: great to have you in new york. >> bill: president elect trump tapping tom homan as the border

czar. cover of the "new york post." homan says blue state sanctuary policies will not stop the administration from deporting bad apples. griff jenkins live in washington with a follow on that now. good morning. >> homan says if the sanctuary juris dick shuns like massachusetts won't cooperate they better get out of the way because the crackdown is coming. >> ice are very good at targeting. i can't explain a lot of what we do but there is a lot of databases and information. we have access to that helps us locate these people. >> homan has decades of experience on the border and began his career in california as a border patrol agent and worked under multiple presidents, republican and democrats and says they'll begin going after more than 700,000 criminal aliens that ice sources have already been deemed for removal by a judge. also on his team stephen miller becoming deputy chief of staff

for poll cismd he was the architect of that remain in mexico policy under the first trump administration widely responsible for reducing illegal crossings. morale among agents couldn't be higher one telling bill melugin this. ecstatic to go to work. morale is higher than the first time trump won. border patrol union vice president had this to say. >> the vast majority of the agents are ecstatic we have somebody in a leadership position, the president of the united states, the top of the leadership position that actually cares about the boots on the ground, cares about the agents. >> bill: and multiple sources telling fox that south dakota governor kristi noem will be nominated the lead dhs as secretary and be part of this daunting effort to crack down on the border, bill. >> bill: i know you will follow it, too. griff jenkins in washington, d.c. >> dana: in moments we'll hear from house republicans on capitol hill. they are still just a few seats

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2017. prosecutors argued allen forced them off the trail in gun point. defense said a lack of physical evidence. the jury reached a guilty verdict after 19 hours of deliberations, allen faces up to 130 years behind bars. >> dana: the trump administration is expected to roll back mandates on electric vehicles. kelly is in st. charles, illinois. what is going on, kelly? >> good morning, dana. one of the people that's really been leading the way for these rollbacks on evs is bernie moreno of ohio who says we're about to see the golden age of autos in the u.s. he says we will do that by first writing a new tax code for carmakers. another big part of his plan is taking away the tax incentives on e.v.s for people who want to buy them and also wants to prohibit california from setting

its own emissions standards that 14 other states followed and wants to create one unified policy for the entire nation to follow. e.v.s made up 9% of new cars in the third quarter of 2024. california the largest auto market in the country, one in four vehicles sold there is electric. >> what we're saying is the the government isn't going to subsidize the purchase of a vehicle because the government thinks that's the vehicle consumers should drive. so we'll let the marketplace dictate and make certain we put policies in place that allow car companies to lower the price of vehicles and make cars that people want. >> detroit automakers have spent and lost billions of dollars trying to electry file. gm has set a year to go all electric. ford and gm create some of their

vehicles in china while all three detroit automakers have plants in mexico. interesting to see how these new incentives or new tax code could affect their plans to electrify moving forward. >> bill: the world's biggest crypto currency broke records surging to $90,000. 30% jump in seven days. gerri willis has the latest from fox business. is it still going? >> it is not. it took a turn to go lower. a huge run-up today and up 94% for the year. that's an incredible run. crypto currency are trading in line with market expectations of a trump win. president-elect donald trump wants to adopt a more permissive stance toward crypto currency eyeing industry friendly

candidates for posts at the sec. the important regulator has anti-crypto and trump, who wants the make the u.s. the crypto capital of the planet will replace him with someone friendlier. he promised to fire ginsler. they said he can't do that. he will probably resign. dan gallagher is now chief legal for hob inhood markets and paul atkins, part of trump's 2016 transition team and served as s.e.c. commissioner running a consulting firm in washington. another possibility is s.e.c. commissioner who like the other two are critical of ginsler.

he will appoint a bitcoin counsel as well as launch a strategic national crypto stockpile in his second term. lots of changes ahead for those bitcoin investors. it will be interesting to watch. bill. >> bill: good deal. gerri, did a lot of folks see this coming? >> yeah. if trump was going to come into office, ginsler will be out. they disagree on the treatment of crypto. it is a currency that's growing across the planet. promoters say it is the future of currency and people who don't like it say it could be destabilizing to the dollar. >> bill: thank you, gerri willis from fox business. here we go to the moon maybe. thank you. >> dana: or jupiter. any moment on capitol hill republican house leaders are set to hold a news conference on their party's election victories in the house, senate and white house as well as their