mac & cheese shapes and everything is good again. but he has plans today. but then they make us kraft mac & cheese shapes so he took aleve this morning. hey dad. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength stop tough pain for up to 12 hours with just one pill. tylenol can't do that. aleve. all day strong. all day long. now introducing aleve back and muscle pain, for up to 12 hours of pain relief with just one pill. ♪ ♪ the united states postal service makes more holiday deliveries to homes than anyone else in the country. ♪ with one notable exception. ♪ ♪ ♪ arthel: a california state assemblyman is arrested on suspicion of child cruelty, a charge stemming from him spanking his 7-year-old daughter. police arresting democrat joaquin arombula after a teacher reported a child with an injury. meanwhile, the lawmaker is defending his actions. >> we have nights where we can get overwhelmed and feel like we have work that we need to do with our kids. that night was a night that she was acting out. it's what parents have to be able to do to have some ground rules and be able to be good parents. arthel: police say the injury was not on the child's buttocks. the lawmaker has not been formal hi charged. >> you know what i'll say? yes. if we don't get what we want, one way or the other, whether it's through you, military the, anything you want to call, i will shut down the government. >> okay, that's enough. >> i am proud to shut down the government for border security, chuck. because the people of this country don't want criminals and people that have lots of problems and drugs pouring into our country. so i will take the mantle. eric: did you see that session in the oval office? it's democracy in action, your government at work. the president went head to head with senator chuck schumer and nancy pelosi in the oval office over the question of the border wall, pushing to fully fund his long-promised wall. it's an issue front and center in the fight to avoid a partial government shutdown that he is proposing. crucial departments like the tsa and homeland security could be affected just days before christmas if both sides don't reach an agreement next week. what could happen? david marcus, news editor for the washington examiner. that was just a fascinating, amazing glimpse -- some people criticized it saying they're arguing, but those are the two positions going head to head, toe to toe together in the oval office laying out the argument in front of millions of americans. >> absolutely. it was unvarnished. there we had the president of the united states taking it back and forth with the incoming house speaker, the democratic leader in the senate, laying out their respective positions. it's interesting though a few days later we're still, essentially, in the same place, no real progress has been made on those very key and delicate issues. eric: so what does that mean with no real progress? has the president dug a hole for himself? will he potentially delay this through next month when the democrats take congress? what could happen? >> there have been so many of these budget showdowns in recent years whether it was republicans or democrats in congress, president trump, president obama before him. usually they find some way to work it out in the closing hours, even minutes. but this time they are at a real hard impasse. president trump made that southern border wall a key campaign plank. he doesn't want to back off. democrats are saying, no way. probably they will find some way to push this at least into the new year, into january, maybe til next year. but that probably won't happen until the last possible hours, even minutes. eric: well, they could approve some temporary spending extensions, that sort of thing? >> that's right. they could just hold federal spending at current levels. lawmakers and presidents do this almost every year -- eric: yeah, we've seen this movie before, i mean, constantly over these issues. why are the democrats seemingly so obstinate? they say they will provide $1.3 billion in fences and border security, not for open borders, but the president is insis tent on $5 billion. >> democrats won big in november at least on the house side. they feel like they have a lot more leverage than they did even a year ago when they might very well have gone along with at least some version of a border wall, maybe trading et for something on my grants, something else like that. this time though their activist base on the left is saying, no way, no money for the border wall, and that's who they're listening to. eric: could that activist base potentially cut a deal if you give everything for the dreamers and get that through in exchange for money for the border wall? is that a possibility? >> that's -- those kind of deals have been suggested in the past. at various points president trump seemed open to that. democrats in congress in time six months ago, a year ago seemed somewhat open to that, but now it seem like we're pretty far gone. neither side really wants to give in for various reasons. each side thinks they have enough leverage, and that's where we're heading to right into christmas. , e everything after the meeting the president talked more about this. here's what he said on this issue. >> i don't mind owning that issue. i mean, chuck's problem is that, you know, when we last closed down -- that was his idea and, honestly, he got killed, and so he doesn't want to own it. i said, you know what? rather than us debating who's owning it, i'll take the it. i'll take it. if we close down the country, i will take it because we're closing it down for border security, and i think i win that every single time. eric: so who blinks, if anyone does? >> well, that is accurate, what the president said about owning it. he's willing to do it. the president, though, has also given himself a few outs. he talked about the military building the wall. that's dubious on legal grounds. other ways, maybe putting up a fence as we saw in the prior report. so he might have some ways of saying that he's building a wall without actually getting money from congress. that's where we may be headed. eric: do you think that in any -- with all these arguments, and it keeps on going, that there will be or can be any type of resolution to this issue finally, or is washington just continually stuck in gridlock when it kohls to this issue? -- comes to this issue? >> this one seems tough to see a path forward on. democrats in congress for various reasons, again having to do with their supports, just will not go along with the wall. not to mention a bunch of logistical issues as well, but that's a whole other discussion. i think they will find some way to save face on both sides, get into the new year. depending on how far into the new year, we will have to see. eric: eminent domain and logistically, as you just said, but one final point. the democrats with more activists and more left democrats, for example, that we're seeing coming into the new congress, the democratic congress, does that make it potentially harder to get a deal? >> yes. nancy pelosi, agree with her or not on issues, she's a very good politician. she knows where her supporters lie, where the votes are within her own democratic caucus. she's not going to get out too far ahead of them, push something with president trump that they don't agree with. so she's somewhat constrained. and, remember, she's been fighting for her own position as incoming speaker. it looks like she's probably got it now, but she had to make a lot of promises for her own supporters to do that. a lot of them probably are not in a big mood to give away a big issue like this. eric: we'll see what happens even if they push it temporarily into next month. david, good to see you. thank you. >> thank you. arthel: international tensions rising after china detains two canadian citizens. could this impact trade talks between the u.s. and china? we'll take that up next. >>> plus, thousands of yellow vest protesters take to the streets of paris for a fifth consecutive weekend. we're on that scene straight ahead. ♪ ♪ (burke) parking splat. and we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ ...to give you the protein you need with less of the sugar you don't. [grunting noise] i'll take that. 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors. now you can, with shipsticks.com! no more lugging your clubs through the airport or risk having your clubs lost or damaged by the airlines. sending your own clubs ahead with shipsticks.com makes it fast & easy to get to your golf destination. with just a few clicks or a phone call, we'll pick up and deliver your clubs on-time, guaranteed, for as low as $39.99. shipsticks.com saves you time and money. make it simple. make it ship sticks. >> the unlawful detention of two canadian citizens is unacceptable. they'll have to be returned. the united states has stood for that whether they're our citizens or citizens of other countries. we ask all nations of the world to treat other citizens properly, and the detention of these two canadians in china ought to end. arthel: that's secretary of state mike pompeo slamming china for detaining two canadian citizens, a former diplomat. this is coming following the arrest in canada of a senior huawei executive on a u.s. extradition warrant. meanwhile, canada promises a full judicial process for the chinese tech executive. >> we discussed china and the case of huawei's cfo building on a conversation that secretary pompeo and i began soon after her arrest. we all agree that the most important thing we can do is to uphold the rule of law, insure that ms. ming's right to due process is respected and that the current judicial process in canada remains apolitical. arthel: let's bring in a spokesperson at the united states mission to the united nations. jonathan, good to have you back to talk about this. we're talking about it last weekend, i believe, and it's a dangerous game of tit for tat that seems to be getting deeper. i mean, to where is this path leading? >> so far it's going down a path that's particularly unhelpful and, yes, arthel, last week we both agreed that this is going to get worse before it gets better, and it's showing signs of getting worse even more. it is terrific that secretary of state pompeo stood side by side with the canadian foreign minister and said these two canadians need to be released immediately, this is ridiculous, and they can't be connected to what's going on with ms. ming. i mean, it's -- they're two different things altogether, and a tit for tat type of thing, as you know, that can lead to more escalation, lead to more arrests, more anger between two nations now, and the canadians are stuck in the crossfire between the united states and china. arthel: and that's an excellent point because, i mean, canada arrested her at the request of the u.s. so she can't leave canada. just withen trudeau, the prime minister -- justin trudeau, the prime minister in canada, has said he has no political motive for detaining her, so how does canada get from between the u.s. and china in this? >> the unfortunate thing for canada is that it's a decent nation, and it's stuck in the crosshairs. they're a law-abiding country, and they need to go by the books. they don't have a government that's like the government in china. china has a totally different way of doing things. people disappear, people don't get the justice that they deserve. they're presumed guilty, you know, the treatment is totally different. this is a western nation, similar policies to our own here in the united states. we are friends. we have laws and we are run by laws. we're not run by men. china is a country in which you have a small leadership that controls it, and that's it, and they get the final say. arthel: yeah. >> totally different system, and we really have to have the backs of our canadian friends here because they haplessly are in the middle of this problem. but they have no choice but to follow the law and help the united states carry out what it needs to do with the agreements that we have. arthel: so how will the do to j handle this? i mean, will ming ever be brought to the u.s. to face trial? >> that's to be determined. there is going to be, of course, hearings in canada to determine whether there are grounds for the extradition. there's a lot of controversy over what the president said about, you know, how he's going to navigate through things with the chinese and perhaps tying this in with the dispute that we're having in the trade war with the chinese. the important thing here is to make sure that the sense of canada and the united states, that the people of our nations understand that the governments of our two nations, our great nations, are performing in a legal and lawful way which is the way it should be. it shouldn't be carried out by special favors and things like -- it has to be done aboveboard. now, having said that, there are situations in which the president of the united states has the power to intervene and carry out things that he thinks are expedient to do for the greater good of what he's trying to achieve. it's a debate bl thing. president obama, for instance, in trying to get the iran nuclear deal agreed had the justice department drop charges against 14 iranians. very controversial decision back there. he felt it was the right thing to do. we both know how controversial that iran deal is. here's the president of the united states now today, president trump, trying to figure out what he's going to do in the midst of all this. the administration has got to get it right, very important to deal with this in a very sober and not just the short-term gains. you have to look at this long term because we can have situations which other countries can do things that we don't want to see them do. what you do unto others -- arthel: absolutely. don't want to jeopardize or endanger some of our own executives traveling in various parts of the world doing business. quickly and finally, if you can do this succinctly, you say how difficult it is for the u.s. to proceed from here. president trump and the administration working together to figure out their way forward. president trump often depends on his own gut. does he really need to listen to the team on this one? >> he has to think about the short-term and the long-term goals. he has to listen to his team. he has to understand the stakes here. he has to understand what's going on. why did the justice department decide to move ahead we this? why do they see her as having conducted criminal activity? don't take any of this lightly. there are big decisions the take here. the world's watching. the world is watching how america behaves in this situation. the canadians right now are taking it really hard. they're getting ridiculed. the chinese are calling them the 51st state of the united states, that they're lackeys, that they can whip them around and they're going to cause them more pain. we have to protect our ally at the same time. arthel: uh-huh. jonathan wachtel, thank you. we'll talk about this again. hopefully, it gets better at some point. ing thank you. eric? eric: well, arthel, it's another saturday of tear gas and rock throwing on the streets of paris. [background sounds] eric: this is the fifth consecutive weekend of those national tests by the so-called yellow vests. the anger and opposition started out over rising fuel taxes but since then has morphed into demonstrations against president emmanuel macron and his policies of trying to reform longstanding economics policies. greg talcott in paris has more. >> reporter: another day of anti-government protests here in paris and across france. there were clashes but not as many as we saw last saturday here. so-called yellow vest activists were out on the champs-Élysees, around the old opera house here, the louvre museum and other landmarks in paris. in some locations police did use tear gas and water cannons to disperse the crowds. there was some scuffling between the two sides, seven reportedly injured, but there were 115 arrests today. last week there was 1,000. the number of protesters today something like 4,000. last week it was 8,000. police, though, we can tell you from personal observation, they were out in big numbers. we spent much of the day watching a game of cat and mouse across the city. authorities trying to avoid a repeat of the violence we have witnessed. one reason for the drop in trouble, concessions made in a national television address earlier this week from president macron. high taxes, low wages and a government not seen to be listening to its people thought to be factors in this protest. another reason? the deadly terror attack this past week in strasburg, police finding and killing the man responsible for it on thursday night. two more reasons why there was a decrease in the unrest today, some cold, nasty, wet weather and the upcoming holiday season. but an expert has told us we can expect a very hot january here. in paris, greg talcott, fox news. arthel: well, the holiday season is in full swing, and we have some tips that could the help you not break the bank. susan lee tells us now. ♪ ♪ >> the most important thing is to remain in control. you know, you don't want to let the holidays make you crazy. ♪ ♪ >> reporter: it's the most wonderful time of the year but also the most expensive. 15% of americans are still paying off last year's holiday debt which averaged $1,054. >> tally up what you've spent so far. a lot of people have been shopping throughout the year for christmas, so be aware of what you've already bought, what you've already spent. >> reporter: stick to your budget. finance expert chris ohio began roamed -- chris hogan recommends zeroing in on who you'll shop for. >> this is where you assign a dollar amount of how much you're going to spend and who you're going to afford to shop for. >> reporter: hogan says cash is king, especially during the holidays. >> cash will help you to remain in control and understand your limits. if you're going to spend $100 on your brother for christmas, when that $100 is gone, you stop. >> reporter: you're ready to pay and the cashier asks if you'd like to sign up for an extra 10% off. many experts agree avoid the store credit card temptation. >> these things are sneaky, and they're a thief. i mean, it's a amazing that they'll offer you 10% off that day but charge you 24% every other day. >> reporter: and it's so tempting, but try to keep purchases for yourself to a minimum. >> reporter: 22% of americans buy gifts for themselves when they're shopping for others, so don't buy for yourself every time you go out shopping. take a deep breath and understand the real reason for the season. it's not about how much you spend. be aware, remain in control and don't bring debt into your life. >> reporter: after all, it's your cash. susan lee, fox business. eric: well, meanwhile, the search for a colorado man intensifies. kelsey barrett has been missing since thanksgiving. why police are eyeing her fiance. >>> and michael cohen said president trump ordered those payments to hush up stormy daniels and karen mcdougal during the presidential campaign. well, the president says no. our legal panel here to discuss on what could happen next. >> let me tell you, i never directed him to do anything wrong. whatever he did, he did on his own. he's a lawyer. a lawyer who represents a client is supposed to do the right thing. ♪ ♪ i was cured and left those doubts behind. i faced reminders of my hep c every day. but in only 8 weeks with mavyret, i was cured. even hanging with friends i worried about my hep c. but in only 8 weeks with mavyret, i was cured. mavyret is the only 8-week cure for all common types of hep c. before starting mavyret your doctor will test if you've had hepatitis b which may flare up and cause serious liver problems during and after treatment. tell your doctor if you've had hepatitis b, a liver or kidney transplant, other liver problems, hiv-1, or other medical conditions, and all medicines you take including herbal supplements. don't take mavyret with atazanavir or rifampin, or if you've had certain liver problems. common side effects include headache and tiredness. with hep c behind me, i feel free... ...fearless... ...and there's no looking back, because i am cured. talk to your doctor about mavyret. you ok there, kurt? we're about to move. karate helps... relieve some of the house-buying... stress. at least you don't have to worry about homeowners insurance. call geico. geico... helps with... homeowners insurance? been doing it for years. i'm calling geico right now. good idea! get to know geico. and see how easy homeowners and renters insurance can be. >> i don't think there's anybody that believes that. first of all, nothing at the trump organization was ever done unless it was run through mr. trump. he directed me, as i said in my allocution, and i said this as well in the plea, he directed me to make the payments, he directed me to become involved in these matters. eric: that, of course, is the president's longtime former personal attorney michael cohen saying it was the president who ordered the payments to stormy dan yells and karen mcdougal all intended to hush them up. the president is disputing that claim. he said this in a fox news interview on thursday. >> whatever he did, he did on his own. he's a lawyer. a lawyer who represents a client is supposed to do the right thing. that's why you pay them a lot of money, etc., etc. he is a lawyer. he represents a client. i never directed him to do anything incorrect or wrong, and he understands that. look, he did some bad things unrelated to me. maybe related to his other clients. eric: what does this mean and what could happen? joining us is our legal panel, defense attorney, former prosecutor david brew know, former prosecutor and trial attorney, welcome to you both. keisha, let me start with you. it's basically he said/he said as far as we know now. is the president in trouble? >> i believe of that he is. i believe this comment by cohen corroborates the fact that he's saying that the president directed me to make these payments. the fact9 that president trump met with the person from the "national enquirer" to figure out a way to cover up these affairs and pay these people off shows that the president told him what to do, and that's a violation of the campaign finance act. eric: you're talking about david pecker, the head of ami, who has cut a deal with prosecutors himself. isn't it all hearsay, david? you see this in mob trials all the time where the guy flips on somebody, and the defense attorneys all say where's the proof. he's trying to say it to get out of a sentence. >> i agree. i mean, right now is there corroborating evidence? we just don't know that. and admittedly, we don't know what mueller has. they've been doing a great job of keeping the leaks and information in. but this federal statute requires a willful violationing. what that means is the president would have had to know that this was illegal, and this is a very difficult statute to understand generally. this is not a direct check that was written to the campaign. this is an in-kind, right? so cohen, does he have evidence that he advised trump that it was an illegal transaction? because this could have been personal as well. look at the john edwards case. there was a payment made by a donor that was $1 million to a mistress. and he was found not, and they were -- not guilty, and they were -- >> but the fact that trump -- >> this is not a clear-cut case against president trump. >> it hat to be knowing and willfully, and i believe it was on the president's part because why would he try to cover this up? at first he said i knew nothing about the payments, and now he's admitting, well, i never told him to do it, he's the lawyer. you know what? the lawyer works for him. and i have plenty of clients who try to tell me i want x, y and z done, and i say i'm not doing it, it's illegal. but you have some lawyers who can be bought, and i think that's what happened. cohen is already sentenced to three years, he's not going to get any less than that. he's sentenced. mark: and as far as the president's -- eric: and as far as the president's explanation, you rely on lawyers and you rely on the advice -- he didn't tell him to break the law, he told him to handle it in a legal manner. >> but that's why cohen's punished, but trump told him to do this. >> it's a reasonable expectation for any client to know that your attorney is giving you proper advice, especially when the attorney is part of the transaction itself. he was the one that signed the agreement, he's the one that repaid, so i think that's a reasonable expectation that president trump had that he was getting sound advice from michael cohen. another interesting point to make, the fes -- fec is the commission that oversees this, and a number of chairmen have come out, and they are split on this. i've heard two former chairmen say this is not a violation, and i've heard one say it is a violation. that is just a good explanation, an illustration of how tough this statute is to interpret. so did cohen know it was illegal, and did trump know -- eric: you think maybe michael cohen passed the bar, is you'd think that he would know. >> i believe he knew, and that's why he's a convicted federal felon right now. but i also think the president and his attempts to influence his campaign outcome told him make these stories go away. and we know tons of lawyers who do what their client tells them to do, and that's why he's in trouble. but i can't say why is he covering this up, why is he asking a "national enquirer" representative how do we get these stories not to come out. he wanted to win that election, it worked, and now everyone's going to pay for it. eric: what's the difference between that and an nda, a secret agreement that's agreed to by two parties? >> well, timing, it came so close to the election. >> right. >> but the point that i want to make here is even if donald trump directed it, even if it was for, to affect the election, donald trump still would have to know that it was illegal. and it is a tough statute to know. and michael cohen, just because he passed the bar, was a lawyer, wasn't necessarily aware of that law. eric: all right. and let's say there's a trial with a jury, all right, and president trump is there on the stand and says i didn't know, legally i relied on michael cohen. is that enough to -- >> you get back to hearsay. >> no. >> right? what corroborating evidence do they have? do they have e-mails? do they have other recordings. >> he's going to have testimony from cohen. >> beyond a reasonable doubt -- >> cohen's not going to be -- >> it's going to be who the jurors believe to be more credible, and that's usually the case in criminal trials. >> also cohen, the one that pled guilty to lying, that guy? eric: wow. a lot here to unpack. keisha and david, thank you. arthel: eric, thank you. a desperate search continues for a colorado mother missing more than three weeks. what investigators are now saying about the case. mug. ♪ earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? ultimate feast time it'sat red lobster.r own pick four of ten favorites to create the ultimate feast you've been dreaming of. like lobster macwn ultimate feast ends. but he has plans today.ain. hey dad. so he took aleve. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill. aleve. all day strong. ♪ ♪ eric: well, the search is continuing for a missing mother in colorado. she disappeared more than three weeks ago on thanksgiving. the 29 -year-old has not been seen since that holiday, and police are searching her fiance's home and property as they look for answers. >> based on information developed during the course of this investigation and because of the length of time, it's been 23 days that has passed since kelsey was last seen, our investigators believe that kelsey's disappearance is more suspicious and that she is not intentionally avoiding efforts to find her. eric: that was live in los angeles with an update. hi, jeff paul. >> reporter: hi, eric. police started the search of her fiance's home yesterday, but they're back out