Skip to main content

tv   Americas Newsroom With Bill Hemmer and Sandra Smith  FOX News  December 31, 2018 6:00am-9:00am PST

6:00 am
>> head to fox nation for the "after the show show". the first 46. she will try to do that by herself. come on, you got this. >> eric: we're 10 days into the shutdown with both sides refusing to budge in the partial government shutdown as it drags into the new year. when will it end? we don't know yet. i'm eric shawn. we're live inside "america's newsroom." >> i'm heather childress. bill and sandra are off today. another brand-new year? >> eric: i can't believe it's 2019 already. >> heather: the more non-negotiation. the democrats and white house are stalled over funding for the president's long-promised wall. nancy pelosi likely to take over as speaker later this week has said house democrats will propose a funding bill when the new congress convenes on thursday. >> eric: both parties are playing the blame game pointing
6:01 am
fingers at each other. when they appeared on the public affairs news programs this weekend. >> it's going to end at some point because there are things that have not been funded that the democrats desperately want to fund be it hud and some other things. but the truth is, there is nothing more important than the nation's security. it is our number one job in the u.s. congress. >> if the president wants to continue to take a campaign promise he made, to have mexico pay for a wall and say the rules have changed and now we'll still build a wall but have the american taxpayer pay for it, we'll use the american taxpayer like an atm machine. that's not the right direction to go. >> people who want it to be a four-letter word wall and not respect with customs, border patrol and ice tell us they need. enhancements at the border. >> eric: who will budge, blink and cry uncle? kevin corke is following it at the white house this morning
6:02 am
for us. the president is standing fast on this. he is very intent. he is talking about the wall and one of the many topics that is on his mind this morning. >> no doubt about that. if you're watching his twitter feed you've seen the president talking about the wall and variety of topics. that continues to trend, eric. dating back to yesterday. left me take you to the president's favorite social media platform talking about the wall and his predecessor and in this tweet he said president and mrs. obama have a 10-foot wall around their d.c. mansion compound. totally necessary for their safety and security. the u.s. needs the same thing. slightly larger version. the wall or fence or border security by any name is meant to protect and defend this country. that is the sentiment echoed by the folks who face the real danger along the border firsthand. >> when you are talking about 60,000 people flowing across
6:03 am
the border and we're talking about drug smuggling increasing between ports of entry. hard narcotics and we've seen it increase this year. we need a barrier to help us stop that and push the traffic into areas we can control more effectively. >> democrats are digging in saying the $5 billion for the wall won't happen not yet. we'll see what happens in january when they take over the house. >> eric: a couple of days they'll have the vote thursday. speaking of the democrats and shutdown. any sign of movement at all? there was some discussion of possible compromise. >> i got to tell you, on background you have conversations and they are helpful, right? you want something to happen. this is about the safety and security of the american people. at least the public facing message is still the same. the president will get the funding one way or the other because they are doing right by the american public. now, this of course means no
6:04 am
deal without funding. and it also means this, i think this is important. until democrat leaders get back from hawaii and elsewhere and the new leadership moves into position later on in the week, there is little chance we'll hear of any movement. >> there is a lot of distrust in town. i guess you could blame both sides for that. but after lunch, i've never been more encouraged if we can get people talking we can find our way out of this mess and that would include around $5 billion for border security, wall, fenceings, what you want to call it in areas and make sense and deal with another problem that's looming. >> no public events for the president today yet. should it change i'll let you know. back to you. >> eric: your reference to hawaii, nancy pelosi on the beach while the president remains behind the resolute desk in the oval office. heather. >> heather: with president
6:05 am
trump an congressional democrats locked in the stand-off, who blinks first. steven nelson is the white house reporter for the "the washington examiner". senator graham said if we can get people talking. how do we do that and what's the possibility of that happening moving forward this week? >> well, there are reportedly have been talks with a white house counter proposal to democrats for something less than $5 billion. of course, that was behind closed doors. what we do know is that pressure is going to build significantly for there to be some sort of deal. saturday is the end of the next federal pay cycle. that means that these 800,000 federal worker who were going to be missing a paycheck actually will be missing a paycheck next week. and so this is, of course, significant. lots of americans live paycheck to paycheck. the people affected are people including ice agents and people
6:06 am
who work for the border patrol. so there will be a lot of pressure to get something. both sides have to walk away with something. president trump has been talking not only about the border wall but also about the underlying issues that he feels justify that wall. you could see almost room for compromise but it hasn't happened yet. >> heather: what about that? senator graham, the other thing he talked about. he had lunch with the president on sunday. he said one of the proposals that he floated to the president was this would marry the $5 billion figure along with some changes that might appeal to democrats in terms of daca. >> well, we can recall the only other major lengthy shutdown of the trump era was over daca and immigration policy. that ended when there was an agreement there would be votes on the senate floor. nothing changed. perhaps these two issues could be paired. that is a complicated matter as
6:07 am
well. that may just complicate things further. we have to wait and see. that is the conceivable area, i suppose. >> heather: democrats take over on january 3rd. what do you think will happen when nancy pelosi does come back to washington >> well, nancy pelosi has to come away with something that shows that she is, i guess, president trump needs to same thing. what they have to do is come to a deal where both people come away with something. both sides gain something that's important to their base. i imagine that will be something that we'll be seeing. >> heather: why haven't democrats come back with a counteroffer at this point? the beginning of our conversation you mentioned how republicans seem to come down from the $5 billion mark down to i think it was around $2.5 billion but then democrats said no deal, no discussion, and they left town. >> president trump probably unintentionally made it easy for democrats to dig in saying
6:08 am
he would proudly claim ownership of the shut down and that he wanted the wall or this was going to happen. democrats are very motivated to deny him his signature campaign promise of a wall. and by trump saying he would proudly claim credit it reduced the political cost for democrats. it will increase if federal workers miss a paycheck with democrats in control of the house. so that equation may be reworking itself. >> heather: perhaps nancy pelosi specifically is concerned about the cost, too, whether or not she gets the house speakership and once that happens maybe there will be some movement on her part. thank you so much. happy new year, by the way. >> happy new year. >> eric: and breaking this morning moments ago, one very prominent democrat on the more left side of the party taking a major concrete step towards potentially running for
6:09 am
president. massachusetts senator elizabeth warren announcing she is launching an exploratory committee for the nation's highest office. warren happens to be the most high-profile democrat so far to officially move closer to a 2020 white house bid. the democratic field could be one of the largest in decades with dozens reportedly interested in running. >> heather: we'll have more on that coming up. we're learning some disturbing new details about the suspect accused of killing a california police officer last week. authorities confirmed that the 33-year-old belonged to a violent mexican american street gang and was an illegal immigrants and captured two days after shortly corporal singh during a traffic stop. mary anne rafferty has more from los angeles. >> ice officials confirming
6:10 am
they had no prior contact with the suspect accused of shooting and killing a california officer before his arrest friday. the arrest of -- the officer pulled over the defendant. he had known gang affiliations and arrested for drunk driving. stoking intense debate over sanctuary laws in states like california. >> sanctuary cities endanger public safety and law enforcement. a tragic example. this isn't the only one. there have been many people that have been killed by aliens released from sanctuary jails. >> while the suspect sits in jail accused of the officer a court appearance is scheduled for wednesday. there are some, including lawmakers, who say sanctuary laws do more good than harm when it comes to those in our
6:11 am
country illegally. >> the sanctuary laws actually help promote public safety by encouraging cooperation and encouraging communication between community and police. >> meanwhile the family of corporate sync who came to the u.s. to become a police officer is remembering him with funeral services saturday morning in downtown modesto, california. also there is a viewing scheduled for this friday starting at 5:00 p.m. corporal singh leaves behind a wife and 5-month-old son. >> heather: so tragic. thank you. >> eric: the last day in office for some of the top trump administration officials including defense secretary james mattis. patrick shanahan takes over the pentagon at the start of the new year, meaning tomorrow. actually at 12 midnight tonight. how will it affect our troops at home and around the globe?
6:12 am
we'll take a look with retired four-star general jack keane joining us at the bottom of this hour. here what russian president vladimir putin is saying. he is extending an olive branch to president trump? you think the new year will be a new start between the u.s. and moscow? governor mike huckabee weighs in on that next as "america's newsroom" continues. and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis.
6:13 am
do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ ask your healthcare provider if ozempic® is right for you.
6:14 am
6:15 am
>> heather: 2019 is an eventful year for the supreme court. a plan to add sitsenship question to the 2020 census. a case that would impact elections and state funding through 2030. the high court begins a new session on january 7th. >> eric: vladimir putin says he wants to work on diplomatic relations with the u.s. in the new year according to a message he sent to president trump over the weekend. the kremlin saying in a
6:16 am
statement, quote, vladimir putin emphasized that russian/american relations are an essential factor in insuring strategic stability and international security and confirmed russia is open to dialogue with the united states on the widest possible agenda. so can putin be really trusted? mike huckabee former governor of arkansas, fox news contributor is here on that. governor, trust putin? i have a bridge in brooklyn to sell you or a herd of jack lopes, what do you think? >> i don't think you can trust putin. on the other hand it is in his best interest to have some kind of good relationship with the u.s. the bigger question, eric, who does president trump get to trust if it's not putin, can he trust nancy pelosi? i don't think so. chuck schumer? probably not. some of his former political hires like rex tillerson? obviously not. the trouble that president trump has right now is that there are a number of people that he ought to be able to
6:17 am
trust that he has not been able to. he needs to have surrounding him some people who will give him their loyalty and their confidentiality. the two great political virtues. he has to work with putin, but was to try to find a way to build a relationship. >> eric: he stretched that relationship in dealing with rivals and adversaries. on a personal level you've been there and understand this from being inside the room. how does that work and does it really affect change and actually affect policy? >> relationships really do matter. and the fact that he has sat down with many of these leaders and he has built relationships. look at the kind of cordial relationship he has built with president abe of japan or president xi of china. even though there is stiff
6:18 am
tension between the countries, between the two personalities, there is a sense of warmth. i have been in the room with donald trump and i'll tell you, he has an uncanny ability to size up other people. to size up a situation. he is good at that. and i think it's one of his great, great traits both as the negotiator and frankly as a president. i think it's important for him to sit down with putin, erdogan, even people that on the surface there is no reason that we would trust them, but building a relationship is still critical and important and i think he will do that. >> eric: critics say he doesn't read enough, he isn't briefed. he relies on his gut, not briefings. in a way does that put foreign leaders off base and they don't know what they'll get when donald trump sits down next to you? they do not have someone who is scripted with policy command of the state department. >> i think that's his greatest
6:19 am
attribute is that when he goes into a session, whether it's with putin, or kim jong-un, i don't know whether they like him or not. it doesn't matter. i think they fear him. the greatest position that he can create for himself and for the united states is that the other leaders fear -- either fear him for what he will do or won't do. that's a good quality for him to be able to project because the one thing you don't want to do is to have a leader whose every move is so scripted by the people over in foggy bottom, the state department, that they know exactly what he is going to do and say because somebody else has all laid it out for him. frankly, that's how washington has worked for decades and look around, hasn't worked very well. this can't be worse. >> eric: finally, what does the president say to him about ukraine? about his expansionism and election interference and bombardment of our country as he tries to expand the russian
6:20 am
influence around the globe? >> i think some of the harshest things that president trump will say to putin will be said in private. not public. he took a beating for not standing up on the stage in helsinki and going after putin. what did he say in private? donald trump is the kind of guy who takes on his critics publicly through tweets and maybe bold statements in speeches but that's the bluster that he presents. when it gets to the serious stuff he doesn't do that in public. he does it behind the scenes effectively but doesn't necessarily punch and tell. >> eric: he took a beating for the private meeting with him but they have imposed sanctions and taken some other actions on that. despite what's happening with syria, which is causing a controversy, we shall see. governor. thank you for joining us from little rock and happy new year. >> happy new year to you, eric.
6:21 am
>> heather: the fiance of a missing colorado mom due in court today to face first degree murder charges in her death. as investigators still search for kelsey berreth's body. a live report from colorado ahead. a special report on one of the america's most notorious uninvolved murders, the search for teamsters boss jimmie hoffa. >> a famous american who vanished have a public place in broad daylight. we need to know what happened. hey, batter, batter, batter, batter.
6:22 am
6:23 am
6:24 am
[ crowd cheers ] like everyone, i lead a busy life. but i know the importance of having time to do what you love. at comcast we know our customers' time is valuable. that's why we have 2-hour appointment windows, including nights and weekends. so you can do more of what you love. my name is tito, and i'm a tech-house manager at comcast. we're working to make things simple, easy and awesome. >> heather: welcome back to "america's newsroom." homeland security investigating an apparent cyberattack targeting newspapers across the country. "l. a. times," "chicago tribune" and the sun reported disruptions at printing plants
6:25 am
over the weekend. a computer virus infected the systems preventing some from getting the papers out on time. a motive remains unclear. tribune publishing says the personal data of its subscribers was not compromised. >> eric: recently there have been a lot of calls for the government to release the f.b.i. files in the russia investigation. the bureau can be ordered to release the secret files in an unsolved murder that haunted this country for decades. what happened to labor icon jimmie hoffa? that's what i'm calling for, release all of the f.b.i. files so we know what's in them and what is being hidden. we report on all of it in our new special on fox nation riddle. the search for james r. hoffa. riddle was his middle name from former attorney general and hoffa investigators and members of the hoffa family are demanding the f.b.i. files
6:26 am
should be released. it remains the nation's most notorious mystery, the disappearance of jimmie hoffa. four decades after he vanished. the skais can be solved by the stroke of a pen. i'm calling on the government to release its secret and reveal what's in the f.b.i.'s hoffa files so the american public and hoffa family can learn who killed him and why. >> i believe the mob killed my father. >> at this point unless somebody's life was endangered by virtue of the information being released i see no reason to keep it secret. >> the head of the u.s. attorneys organized crime strike force in detroit head the investigation. >> investigators efforts are paid for by the taxpayers. if there is no threat to somebody, i would be in favor of dispersing the information. >> a hot summer afternoon, july 30th, 1975 when hoffa, who led the teamsters, simply vanished.
6:27 am
last seen getting into a mercury of the parking lot of a restaurant in bloom field hills, michigan. he was headed to sit down with a mob boss, a new jersey mobster, to make peace. the suspect summoned to the grand jury in detroit months later all took the fifth. among them one hoffa friend admitted hit man for pennsylvania's crime family and the teamster's president frank share yeah known as the ier ashman. i met him in 2001 as part of a book proposal about him. he told me he shot jimmie hoffa in this house near detroit near the restaurant. hoffa walked in, saw no one there, no meeting, no sit-down. and knew it was the end. >> that's right inside the door, the foyer. >> in 2004 we hired a forensic
6:28 am
team of retired michigan state police investigators. took up the tiles on the house's hardwood floor and found a suspected blood pattern that fit sharon's story exactly. the f.b.i. was only able to extract dna from two. one drop was from an unknown male. the other deemed inconclusive. >> why do you think what we found in that floor is so important? >> what you found is all that's left of the body of jimmie hoffa. >> today the f.b.i. will not comment about the case but with the informants likely dead it is past time to release the secrets in full. the documents made publicly available so far have been heavily redacted. we should see what they say. >> i support any effort at full disclosure. a famous american who vanished from a public place in broad daylight. we need to know what happened. this cannot happen in america.
6:29 am
>> we can know what those files are released. watch more. the show is riddle, the search for james r. hoffa. go to fox nation. >> heather: the last day of trading in 2018 about to get underway as wall street could end the year on a high note after a very rough december. we'll look at the big picture up next. >> hard working families are seeing the best economy in generations. anybody looking for a job has multiple opportunities to find a job. that's really positive.
6:30 am
6:31 am
6:32 am
>> eric: fox news alert. a good one. wall street kicking off the final trading day of the year and they're up 200 points. the dow opening as you can see flirting with 200. they were over 200 a second ago. capping off a tough december, though, for the markets. the dow losing about 9% so far this month.
6:33 am
nasdaq and s & p also taking some big losses. man, it has been like a rollercoaster up and down. >> heather: so many different things impacting where the stocks are going up or down. it would be great to end the year on a high note, wouldn't it? >> especially the fact the dow zoomed from 18,000 to like 25,000 to 26,000 since the president took office. so we'll see what happens in 2019. a lot of predictions there could be a slowdown but not this morning. >> heather: don't want to make those predictions on the stock market now. that's dangerous territory. sparking some outrage. you could say among democrats after blaming them for the deaths of two migrant children from guatemala. an 8-year-old boy, 7-year-old girl died in border patrol custody in separate incidents this month. the president tweeting saturday any deaths of children or others at the border are strictly the fault of the democrats and their pathetic immigration policies that allow people to make the long trek thinking they can enter our
6:34 am
country illegally. they can't. if we had a wall, they would not even try. white house counselor kellyanne conway defending the president's statement. >> we are allowing these people to take their children on a perilous journey without correcting the falsity. they were being promised what people can deliver. the democrats are using it as political pawns. the president is not doing that. the president does not want these children to come on the journey to begin with. >> heather: let's bring in the panel. cap re calf area, executive at american university school of public affairs. conservative writer kelly jane torrance. thank you for joining us. kelly, i will start with you. you know, placing the blame but we have people on both sides of the border wall dying at this point. >> yeah, it's a terrible tragedy and i wish president trump had sort of mentioned that and talked about how
6:35 am
terrible this is and showed a bit of empathy before turning to politics if he must. i think both democrats and republicans are using these children as political tools. it is very sad. but it certainly does bring the human cost home of immigration policies and we should be having a very good debate about this right now. it is hard to do when people are using children as pawns. using emotion rather than reason to talk about these crucial matters. >> heather: capri, if you get to the facts of the matter where we stand now at a stand still with neither side willing to bend, republicans the last to make an offer. democrats going on vacation. in 2006 congress passed the secure fence act. mandated the construction of 600 miles at the southern border. passed on a bipartisanship level 283 votes in the house, 80 in the senate.
6:36 am
a couple years later 2013 you had the gang of eight, the comprehensive immigration plan that included funding for the wall along with some movement on daca. so why were democrats willing to vote in favor of a border and border wall funding back in 2006 and 2013 but they aren't now? >> i do think part of the issue is because they don't want to give president trump a political victory. i've often said as well i think it is incumbent upon democrats to come to the table and deal on the wall. it is necessary. we need to open the government back up. we also need to think about we talk about the tragic deaths of these children at the border. we should not be pointing fingers right now. there is obviously something wrong. something is broken within our system. we have not had comprehensive immigration reform since 1986 under a republican president of the united states ronald reagan. this isn't about democrats or republicans. this is about really, really
6:37 am
bad circumstances in central america and regardless of our immigration policy, these people are going to do what they're going to do because they think that anything is better than their current circumstances. we need to work with the united nations and mexico and central american nations to fix the humanitarian crisis and crime so they don't come to begin with. >> heather: this is nothing knew. these are two children. there have been deaths as a result of the treks that people make to cross the border. those migrants were older between the age of 24 and 49. that was during the obama administration. we've known there is a problem for a while. >> you're right. heather. this has been something that has been happening for not just a few years but for decades. i think a lot of people are dying, a number of people of dying making their way hear
6:38 am
that we don't hear about. think about cuba. people coming from cuba since that country plunged into darkness with the communist takeover. people have been dying. the fact that they are willing to take what they know as kellyanne conway says a perilous journey drives home how bad off these countries are. and how america really is that beacon of hope for people. is there something we can do to welcome asylum seekers when we can but also to help people as capri said in their own countries and try to make things better? that's why president trump has a difficult decision here. he talked about cutting off aid to some of these countries because they aren't sealing their borders and letting people come all the way up from there to the united states. cutting off aid, might that make the problem worse? i think you will need more than just aid to help people. these are the basis of their
6:39 am
societies often is the problem. >> heather: it seems like it has become an issue of semantics at this point. do you call it a wall or do you call it steel slats or do you call it a fence? honestly, it's pathetic we've gotten to that point. we're talking about border security. finding a way to keep people from dying who are trying to get here, and we are now talking about what do we call it. >> i agree with you, i think it's stupid. to focus on semantics and what the wall may symbolize is pretty childish to be honest. i apologize for my voice. i'm coming down with a bad cold. it absolutely i think ridiculous we're focusing on a word. we need to deal with border security. it doesn't just include a physical barrier, whatever you want to call it but also giving
6:40 am
the tools necessary to our ins and those that are the border patrol on the southern border and also using technology. we don't just want to waste tax dollars for no good reason. we want to make sure we're spending money that is effective in doing the job necessary to keep us safe. >> the trump administration says they're talking about all of those things. they just need democrats to come back to the table an hopefully they will come back to the table by thursday and we'll see if there is any movement on that. thank you both for joining us. we appreciate it and happy new year to you. >> happy new year. >> eric: speaking of the new year. a rainy start to 2019. if you plan to go out tonight, stay with us and we'll give you the new year's eve forecast. plus the check of the pentagon. the guy on the right, patrick shanahan replacing general mattis as acting defense secretary tomorrow. what that change at the top could mean for our troops overseas. retired four star general jack keane is waiting in the wings
6:41 am
and there be with us in weigh in on that as "america's newsroom" rolls on. so simple, so good. get the recipes at
6:42 am
tap one little bumper and up go your rates. what good is having insurance if you get punished for using it? news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪
6:43 am
6:44 am
>> heather: it could be a rainy new year's eve on the east coast. two storm systems set to merge drufrmg what is said to be heavy rain. while the upper midwest could see some snow, things should be fairly quiet for the rest of the country. so good news for those folks. and there will likely be raining in time square. those braving the outdoors will at least have warm weather. it is expected to be 50 degrees here in new york city at midnight. that's a little unbelievable. a big change from last year. the city's second coldest new year's eve on record. and be sure to check us out here on the fox news channel as we ring in the new year. something very special this year. representatives from the committee to protect journalists will be in times square to press that button dropping the big crystal ball at midnight. wouldn't you know, our own fox
6:45 am
report anchor jon scott will be among them. join us for all those festivities tonight with the fox news all-american new year's celebration starting at 8:00 p.m. eastern time and runs all the way to the new year. 2019. >> eric: that's a very special honor and very special mission this committee to protect journalists. at midnight tonight general james mattis hands off control of the pentagon to patrick shanahan. how will the leadership change the wars we're fighting abroad and military strategy? retired general jack keane joins us. fox news senior strategic analyst. general, what do you think we can expect with the deputy defense secretary shanahan taking the helm? >> what he has been doing for almost two years, the inside man. that is he makes a lot of the decisions in terms of running
6:46 am
the pentagon, the business side of the pentagon while the pentagon is not a business, it has business-like functions and he has been doing a great job in trying to get savings and efficiency out of all that. when it comes to a change like this, certainly the acting secretary knows he is the acting secretary. he is not going to make sweeping changes likely. but at the same time, he is executing the president's policies. the president tells the pentagon, through policy direction guidance, this is what we need to take place here in syria, in afghanistan, etc. the pentagon figures out the how of that. the president determines what is the what so to speak. and so i think what will happen here is let's take syria, for example. the president just came back from a trip to iraq. i think he got new information that may have reinforced some things his policymakers were telling him. and he appears as a result of the conversation he had with
6:47 am
senator graham and other statements, he is adjusting the syria decision. the concerns are, one, that isis truly is finished, eric. and that is not the case yet. we're close. number two, the kurds are not slaughtered by the turks and that will take, i think, the president probably working something out with erdogan to have a buffer zone between them. and the third thing is not giving up all of syria so that the iranians own it. >> eric: the president has come under harsh criticism for that claiming he sold out the kurds, that he is basically bolstered russia, assad and iran with this decision that mattis didn't agree with and why he resigned with the stinging rebuke letter of resignation. how does shanahan then carry that policy out and critics think that shanahan will be too compliant with the president and carry out some policies that others may not agree with. >> well, i don't think you have a choice.
6:48 am
if you will be the secretary of defense you execute the president's orders. if you can't do that, you resign. we've already seen that happen. obviously shanahan is accepting the acting secretary position fully intends to execute the president's orders. but what i'm saying is the president is making some decisions that is likely adjusting those preliminary decisions. he is adjusting them to new information that he has received. that's one of the things i think we should always respect in any leader. if you get new information, you aren't so stuck with a decision that you can't adjust it based on that new information to get a better outcome than what you initially made a decision about. i hope he goes to afghanistan because in afghanistan he will see commanders also -- >> eric: you mean the president. >> that he will give him information that maybe he has in a general sense now, when you get the specifics from an
6:49 am
on-scene commander it always has an impact on a commander-in-chief or any leader. >> eric: did you think he should reverse the decision? >> he hasn't issued that order to the pentagon yet. that came as a result of a tweet. yes, i don't think we should do that. there is a major reason. we have the taliban at the table because we said we did not establish a date certain for ending our commitment to afghanistan. that changed the policy that was in play for a number of years by the obama administration. that brought the taliban to the table. that's a major leverage that we don't want to give up. so i hope we adjust it. >> eric: we're out of time but that's a terrific message on this issue and we'll see how acting defense secretary patrick shanahan does in his new term and who will get the job permanently. general, thank you. happy new year. >> heather: president trump's
6:50 am
former chief of staff opening up about his tenure at the white house. what john kelly is saying about the wall and former attorney general jeff sessions up next. plus the fiance of a missing colorado mom in court today on charges of murdering her while investigating still search for her body. >> everybody is devastated and we don't know what to do. we're just a loving family and they were an integral part of our church. everybody loved them and everybody loved kelsey.
6:51 am
6:52 am
6:53 am
>> heather: welcome back. the fiance of the missing mother of a 1-year-old girl due in a colorado courtroom this morning to face first degree murder charges if her death. kelsey berreth was last seen alive on thanksgiving day. investigators are searching for
6:54 am
her body. we are joined by our reporter outside the courthouse in crip will creek, colorado. good morning. >> good morning, heather. the first appearance is scheduled for :30 local time. 10:30 eastern. he was arrested four days before christmas and will be charged with his fiance's murder. this video was the last time that kelsey berreth was seen in public on thanksgiving day at a grocery store in woodland park, colorado. she is with the couple's 1-year-old child. the police chief says investigators believe kelsey is dead though her body has not been found. frazee will be charged with first degree murpds and solicitation of murder. they haven't ruled out other arrests. her cell phone pinged in idaho and phone texted her employer to say she wouldn't be at work that week. authorities in idaho say they have provided evidence to woodland park police.
6:55 am
frazee was last in court on thursday for a separate hearing concerning the custody of the couple's child. when frazee was arrested kaley was taken from him and kelsey's parents were awarded temporary custody. the judge ordered that kaley remain with kelsey's parents for now. a pre-trial hearing in the custody case is scheduled for this coming thursday. heather, most of the information in this case has been sealed. the prosecution has argued that releasing some of the arrest warrant information would actually put potential witnesses in potential physical harm. we'll have more information in the next half hour or so. >> heather: thank you so much. >> eric: on a lighter note one lucky winner could be kicking off the new year in style. the mega millions jackpot rising to $415 billion. no one matched the numbers friday night. the next drawing tomorrow at 11:00 p.m. eastern time.
6:56 am
the odds of winning are about 1 in 302 million. but you know someone has to win at some point. >> heather: you can't win if you don't try, right? can you imagine winning all that money on new year's day? >> no. i wouldn't know what to do with all that money. >> heather: i would head out of town. >> eric: a partial government shutdown set to go into the new year. democrats preparing a bill to reopen the government with the new congress convening. that will happen thursday. the president says he will not sign anything that does not include new border security funds. where do lawmakers go from here? we'll be back and more looking at time square live about what's going to happen in the big party tonight. i wanted to stop. the thing is i didn't know how. chantix, along with support, helps you quit smoking. chantix reduced my urge to smoke
6:57 am
to the point that i could quit. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking, or allergic and skin reactions which can be life-threatening. stop chantix and get help right away if you have any of these. tell your healthcare provider if you've had depression or other mental health problems. decrease alcohol use while taking chantix. use caution when driving or operating machinery. the most common side effect is nausea. for me chantix worked.boom. end of story. talk to your doctor about chantix.
6:58 am
6:59 am
we're finally going on the trip i've been promising. because with expedia, i saved when i added a hotel to our flight. ♪ so even when she outgrows her costume,
7:00 am
we'll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia. >> heather: this is a fox news alert. day 10 of the shutdown and the white house and democrats remain locked in a stand-off as we head into a brand-new year. welcome to a brand-new hour of "america's newsroom," i'm heather childress. >> eric: a brand-new hour an almost a brand-new year. great to see you. bill and sandra are off today for the new year. both sides in washington, they're trading blame as president trump is standing firm on his demand for the border wall. political log jam dragging on for a second week with the democrats about to take control of the house on thursday. >> i don't think it's as much that the two sides are far apart. it's that you have one side that refuses to negotiate because they're so afraid of
7:01 am
the radical left base that wants open borders. what donald trump and the republicans want to do is waste $5 billion in taxpayer money on an ineffective medieval border wall that is a fifth century solution to a 21st century problem. >> 5 billion appropriation wisely spent would be a long way to securing our border. it is not about physical barriers and other things. if we can find a way to make sure the daca recipients have a work permit that certainly makes their lives better. >> heather: the white house is defending the president's efforts to secure the border following the deaths of two migrant children from guatemala. >> it is a tragedy i've discussed directly with in the and requested and received a briefing about those deaths. any death of a child or anyone is an utter tragedy. i don't like some of the democrats using these deaths as
7:02 am
political pawns. >> heather: kristin fisher is live in washington what is being done to figure out how the deaths of these children could have been prevented? >> the department of homeland security internal watchdog is investigating and congress will be looking into this as well. just yesterday republican senator lindsey graham announced he is planning to hold hearings on the deaths of these two children who were just 7 and 8 years old. >> i'm going to hold hearings on the deaths of these two children and the policies that entice people to come. one of the mothers of these children was not seeking asylum. just trying to come here to find a job. right now we have 11,000 unaccompanied minors from central america, 98% of them never leave. >> kristin nielsen was at the border looking at the facilities where the children are kept.
7:03 am
she says the system is overwhelm and calling on congress to act. the blame game in washington is well underway. the president blames democrat and pathetic immigration policy and the democrats say they died in the custody of the u.s. government and the trump administration is to blame. >> heather: what about progress on the deal to end the shutdown? >> both sides say there has been zero progress. democrats say the white house hasn't reached out in weeks. the white house says that democrats are the ones who skipped toin. >> democrats have to come back. nancy pelosi needs to come back from hawaii. less hula, more moola for funding border security. >> we can expect to see -- the shutdown could last for a few more weeks. >> heather: thank you so much, kristin.
7:04 am
happy new year. >> eric: how about that? outgoing white house chief of staff john kelly giving an exit interview to the "l. a. times" saying he stayed in his post for 18 months despite having policy differences, personality clashes, and controversy with the commander-in-chief. he said he stayed out of a sense of duty. the retired marine corps general saying military people don't walk away. contributing editor at the "washington free beacon" join us now. a blunt interview. kelly says he should be judged by what the president did not do while he served as chief of staff. it has to rub the president is wrong way. >> i found it striking. kind of interesting. i don't really understand what john kelly is trying to achieve beyond trying to position himself away from the president trying to seek some distance. but for what reason? perhaps his own social or his own interests? i found it very striking, odd
7:05 am
and something you wouldn't see in other administrations. criticism like that right at the president right before he is leaving. >> eric: he said he convinced the president not to pull out of afghanistan, not to withdraw from nato, not to pull troops out of south korea. very strategic moves if they were done. some would give him credit for doing that. >> sure. is that what he is seeking? is he seeking credit for those or is it because the end result may be the reversal of those? that's the strange thing about this interview is that it may further perhaps the president as inclinations on these decisions. i think john kelly is a very honorable man. his service i think cannot be questioned. he has given everything to this country and we owe him a lot for that. this interview again is just bizarre. what is he trying to achieve here? it is not clear. i think president trump for his
7:06 am
own sake deserves a staff that works for him and that doesn't seek to grandize themselves and maybe he is better off moving forward. >> eric: one of the striking criticisms that have been lobbed at the president is adults in the room. critics saying that kelly was one of the adults in the room leading to personality clashes. >> kelly himself furgt erd that. his star dimmed when he was on bret baier's show and gave an interview in the d.c. bureau. i thought he tried to portray himself as the adult in the room. maybe that's true. i'm not there, he is there. he has far more insight into how the decisions are actually made. i don't think it furthers or good for him or the president to make that announcement out loud. i think it really hurt him over
7:07 am
the course of his tenure and in a way his decline as chief of staff began, i think, on that -- after that interview and there were reports that he was shouted at by the president and their relationship turned contentious after that. >> eric: it is known the president can be volatile. i've seen it. he is very energized and exercised at times. he is passionate. others take it as being emotional. that certainly would clash, one would think, with more of a calmer demeanor that a military man who has been in the military for decades could have. >> one of the reasons why you would think this kind of relationship would work out well. i think kelly did bring a lot of order to the white house. it was in worse shape than when he came in. i think he turned it around. i think it was worse shape before he came in and he put in an order and a system. there were fewer leaks. remember, the first six months
7:08 am
of the trump presidency there was a lot of devastating leaks. i think there are some but what is striking an interview like this he really does lend credence to the view that there is turmoil inside the white house whereas -- which might be true. it might be the case. he knows better than we do. your view of john kelly will most likely be in line with your view of the president if you like president trump you will be offended by this kind of interview. if you don't like him you'll be thankful for john kelly. again, it's unclear what is he trying to achieve by saying these things out loud? that's the striking part and the news worthy part. >> eric: what do you think his legacy will be? you hit on an important point. he brought in a more structured type of rigorous bureaucratic level. that probably got under the president's skin at some point even reportedly blocking jerad kushner from the oval office and this sort of thing according to reports.
7:09 am
trying to have the white house run on more of a corporate streamlined type of structure. do you think that's the greatest legacy he leaves behind? >> perhaps if that stays or even if it doesn't. chiefs of staff, their legacy tends to be determined by what precedes them and who comes after them. in a way it's hard to determine what his legacy will be until we see how mick mulvaney or perhaps the permanent successor to him will be. but obviously him bringing order, military mind and military order to that white house at least temporarily may be it. >> eric: great to see you, happy new year. >> happy new year to you, too. >> heather: as 2018 comes to an end the race for president in 2020 is slowly starting to take shape. election season will come into focus next year but senator elizabeth warren already taking the first major step towards a
7:10 am
presidential run. the massachusetts democrat announcing that she is forming a 2020 exploratory committee. so which potential candidate should we watch out for and what can each side learn from the 2018 mid-terms? let's bring in david mcintosh, president of club for growth. let's begin with the latest news breaking this morning. an email went out. elizabeth warren is forming this exploratory committee at least. what do you think? >> that's very predictable. you could tell she has been wanting to run for president since she made it to the senate. it kind of typifies what the democrats will likely see, which is a large group of candidates running early, getting to the far left. elizabeth warren is known for her very, very liberal almost socialist policies coming out of massachusetts. and -- but she will have competition from newer, younger
7:11 am
faces like beto o'rourke and camilla harris out of california. even more radical in some of their stances. they'll be the younger voice of the party. >> heather: really is senators, mayors, business leaders weighing a potential run. what does it say to you in terms of the direction of the democratic party? >> one of the things you are seeing is they are catering to their base which makes sense for them electorally. in the primaries the far left base has a larger percentage of the vote. you'll see the battle between the old and new. bernie sanders starts as a big league in the polls because people knew him from the last race. i would predict beto o'rourke will take away the base. just as left and radical. the house when they take over power will fuel that as they continue to do far-left policy
7:12 am
initiatives. all of that, by the way, on our side of the aisle on the republican side is good news. when it becomes a binary choice between president trump and a radical far left candidate i think republicans can regain the electoral advantage. >> heather: listen to what jon tester had to say about politicianesque out of touch. >> all politicians have gotten out of touch. they just go to certain places where they think they can get enough votes to win. what makes this country great is a washington, d.c. that works for everybody and works for this country. in order to do that you have to go everywhere and listen to everyboyd's concerns and needs and go back and try to find solutions. >> some of the candidates or potential candidates we're talking about don't seem to be aligned with that advice. >> no, no. you are seeing them. they are looking at the new darling of the party ocasio-cortez who is just completely a socialist and they are saying she is exciting our
7:13 am
base and that's who i'll copy and go out and try to win in iowa and new hampshire and ultimately texas and california come early. so that's why i think beto o'rourke and camilla harris have a huge advantage even though they are not known nationally at this point. >> heather: if democrats go that direction what does it mean for republicans? >> republicans, we may see a primary. kasich is out there lining up support. that's the split between the new trump populist republican and kasich more moderate and of the elite that finds trump distasteful. my prediction there is trump will completely crush that. 80 to 90% of the republican base wants to see him succeed even if they don't like every tweet he has, they want the president to succeed. and basically groups like ours that are more issue-oriented like the fact that the economy is doing well. he has cut taxes and reduced regulations.
7:14 am
so i think you'll see him unify his support and then the battleground goes to those blue wall states, michigan, wisconsin, ohio maybe, pennsylvania. and then some in the south. florida, georgia and possibly arizona. those will be the battleground states in the fall where trump can consolidate some of that suburban vote that republicans lost in the last election. and i think when it becomes binary i think he can win it. >> heather: democrats have said they'll come in and going to proceed on all of these investigative fronts. what difference will that make if democrats focus on investigating the president versus focusing on getting work done and working together? >> i have some experience of this on the other side. when i was in congress in the 90s we investigated clinton and impeached him and the public really rejected that. they wanted a government can
7:15 am
works. the president can stop the investigations by saying it's a political witch hunt. i'm here to get the job done for the american people. the house is on a witch hunt. i will ignore them until they work with me on some real legislation. and that can shut down some of their investigations. he can simply say you can investigate all you want but we'll do the business of the people and run the government. >> heather: all right. thank you so much for joining us. happy new year. we'll see if they take your advice. >> we'll see. have a happy new year. >> eric: wall street. today marks the last day of trading in 2018. the numbers. maybe the selling at the end of the year. stocks taking a rollercoaster ride lately but up today. investors have been jittery over the shutdown, china and now today a good day on wall street. >> heather: we're learning new details in the suspect of a fatal shooting of a california police officer.
7:16 am
a man police say is an illegal immigrant. former prosecutor joins us next on whether this tragedy could have been prevented. plus the fiance of the missing colorado mom due in court today to face murder charges. can prosecutors make the case against him without a body? our panel is on deck to debate. and is president trump rethinking his plans to withdraw u.s. troops from syria? we're live with reaction from our middle east bureau up next. >> i think the president's trip to iraq was eye opening. the commanders told him that isis was in a world of hurt, not completely destroyed. but well on their way. your insurance rates skyrocket after a scratch so small
7:17 am
you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. switch and you could save $782 on home and auto insurance.
7:18 am
call for a free quote today. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪
7:19 am
i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike,
7:20 am
i'm in product development at comcast. we're working to make things simple, easy and awesome. >> heather: how about this? millions of workers across the country will celebrate the new year with a bump in their paychecks. minimum wage hikes taking effect in 20 states and the district of columbia starting tomorrow. the hourly rate ranging from $12 to $15. well above the federal minimum of $7.25 an hour. about 17 million employees from california to new york will get higher pay. something that advocates have pushed for since 2012. >> eight people under arrest in the killing of a police officer
7:21 am
in northern california including the suspect's brothers and sis girlfriend. police say the man who killed officer singh is an illegal immigrant and member of a violent mexican street gang. ice officials say, however, they were unaware of the suspect until his arrest last week. critics will blaming the state's sanctuary policies. bob bianchi criminal defense attorney joins us now. i do not have the words, frankly. i do but won't say them on television to say how i feel about this case. you have this illegal immigrant allegedly charged with this horrible killing. he was here. critics say if the sanctuary state policy was not in place he would have been caught. there he is. he would have had two dwis if they were legally able to ask him and cuff him and boot him. he would have been kicked out of this country and the brave officer singh, who himself in contrast, law abiding immigrant
7:22 am
from fiji whose dream was to become a police officer, a member of law enforcement shot to death allegedly by this arriaga. what an offense against what this country represents. >> when i was a prosecutor gangs were my number one priority. i have a little bit of a different take on this. we used many of the undocumented people who were law abiding as our witnesses and people giving us intelligence in order to eradicate those here illegally and committing massive crime typically in the very communities the sanctuary state law is supposed to protect. what i don't like about this dialogue is that we need a moderate approach. law enforcement should be able to work with federal and state law enforcement officers to go after the gangs. we don't have enough resources to deport everybody. they're committing crimes not just in those committees, they bleed into the suburbs with
7:23 am
burglaries and all sorts of other violent crime. it is unfortunate this issue gets mired in politics as opposed to sensible law enforcement policy. he pays the price, this officer and many lives -- i have bad dayss of people deported. come back in, deported, come back in. one in particular a 5-year-old boy abducted from a fair, brutally raped and murdered. i don't think we should be having policies that say we' rest everyone. local law enforcement shouldn't be involved in deportation process. >> eric: sanctuary city policy should be tailored to criminals. if you break the law you should be deported rather than just asking are you here legally or not? >> that's a great question. the sanctuary state law in california does not prevent them from being able to interdict with violent criminals. my question is having been the head prosecutor, what directives are out there from
7:24 am
the head law enforcement agencies that are telling them how to interpret that policy? the only reason i say that. the sheriff came out and made a blanket statement that something that was done prevented them from being able to eradicate this individual prior to him killing this beautiful man we saw the picture with his wife and baby. what was that exactly? the law doesn't prevent it. >> eric: there are 800 exceptions in the sanctuary laws that would let officers actually pick this guy up and he fell completely through the cracks. you're saying the law would have worked if it had been carried out properly by authorities? >> absolutely. just so you understand how it works and so our audience understands. there is a law but you have law enforcement like the attorney general and head county prosecutors like myself. i had 44 police agencies. i could tell them that's the law but we're going to do it this way, that way and the other way. that could be what tied his hands when he made that comment. this is what we need an investigation to find out was he prevented from using the law
7:25 am
for those 800 exemptions and ultimately that led to this officer's death? >> how can you expect as an officer that you know the 800 exemptions? will you carry a big book? >> the issue is you want to get him out of circulation prior to that motor vehicle stop. if he was a gang member, which we're told the social media accounts and so on, state, local and federal authorities, this does not violate the sanctuary state laws we've been talking about. should be working to interdict against these individuals so that he wouldn't have been on the road confronting that police officer. this violence from gangs from 2007 on and 2013 grew and it's a big issue. we need to stop the political dialogue that the left is pulling to the left. the right is pulling to the right. in the middle is law enforcement being stretched in multiple directions and we can't do our job under these circumstances. >> eric: let me show you one
7:26 am
more time corporate reynolds saying he handled the canine issue in neumann police department. the first and only police officer of that department who was shot in the line of duty. bob, i know you join us and all our viewers in keeping his family in our thoughts and prayers. thank you. heather. >> heather: his wife and 5-month-old child. shifting political sands in the middle east. let's talk about that. is iraq and syria discuss new military ties. what is ahead as the pentagon prepares to withdraw u.s. troops? plus a lion kills a young woman at a wildlife center. how that happened straight ahead. >> we've lost a person, we've lost an animal, we have lost our faith in ourselves a little bit today.
7:27 am
was so frustrating. my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. tina: i had to find something that worked on all of this. i found cosentyx. now, watch me. real people with active psoriatic arthritis are getting real relief with cosentyx. it's a different kind of targeted biologic. cosentyx treats more than just the joint pain of psoriatic arthritis. it even helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms. if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. i got real relief. i got clearer skin and feel better. now, watch me. get real relief with cosentyx.
7:28 am
from capital one.nd i switched to the spark cash cardef i earn unlimited 2% cash back on everything i buy. and last year, i earned $36,000 in cash back. which i used to offer health insurance to my employees. what's in your wallet? (coughing) need a change of scenery? kayak searches hundreds of travel sites and filters by cabin class, wi-fi and more. so you can be confident you're getting the right flight at the best price. kayak. search one and done.
7:29 am
7:30 am
7:31 am
>> eric: new reaction from the middle east to president trump's announcement he will withdraw u.s. troops there syria. iraq prime minister says security officials if baghdad met with bashar al-assad in damascus suggesting a bigger role for the iraqis to fight isis militants. meanwhile russian and turkish leaders agreeing to maintain cooperation in northern syria. the president surprised many when he suddenly made that announcement. among them was republican senator lindsey graham. >> i'll ask the president to do something president obama would never do. reconsider. i'll ask him to sit down with the generals and reconsider how to do this. slow it down. make sure we get it right. make sure isis never gets back. don't turn syria over the iranians. a nightmare for israel. at the end of the day if we leave the kurds and abandon them and gets slaughtered, who will help you in the future?
7:32 am
>> the president and senator sat down yesterday for lunch at the white house. when he emerged the senator suggested the president may be rethinking his plan. trey yengst joins us live from jerusalem. >> last night senator lindsey graham tweeted that president trump will make sure any u.s. troop withdrawal from syria will insure that isis is completely destroyed. iran doesn't feel a power vacuum in the region and the kurds are protected. the statement coming after a two-hour meeting between trump and graham with the two reached an understanding how the administration plans to pull u.s. troops out of syria. president trump tweeting a number of times about syria today starting by saying if anybody but donald trump did what diin syria, which was an isis loaded mess when i became president they would be a national hero. isis is mostly gone. we're slowly sending our troops back home to be with their fam leels while -- families and
7:33 am
fighting isis remnants. isis isn't mostly destroyed. a report released by the organization four months ago indicated 20,000 to 30,000 isis fighters are operating on the ground in iraq and syria. >> eric: a lot of concern about the impact on a possible withdrawal for the kurdish fighters in syria, of course. >> yes, as american troops prepare to leave syria, the effects of the u.s. withdrawal are already being felt across the region. on friday we did see russian-backed syrian forces entering the northeastern city at the invitation of kurdish fighters. previously these two groups have fought battles in syria the kurds feel a massive turkish military operation when the u.s. leaves the country. residents face either an invasion by the turks or takeover of syrian government forces, both of which could lead to more violence in northern syria. >> eric: certainly complicated. trey, thank you. >> heather: back at home the
7:34 am
colorado man accused of killing his missing fiance is due to make his first court appearance today on murder charges. police are not saying what led to his arrest or how kelsey berreth died. she was last seen on thanksgiving and as far as we know, they have not found a body. joining us now attorney jim breslo and attorney peter lumaj. thank you for joining us. we appreciate it. apparently he is due in court today on first degree murder charge and solicitation of murder. so what does that tell you, jim? i'll begin with you, in terms of what investigators know or believe they know at this point? >> i think it's very important the fact that he has been charged with solicitation of murder. that tells us they consider it something that has been pre-planned, pre-meditated. it is a conspiracy and they need to find this other person that they are going to be accusing to have been part of this conspiracy. the fact that they haven't found the body shows us that
7:35 am
this is a crime that was premeditated and making every effort to hide it compared to a crime of passion like the o.j. case where he made no effort to hide the body whatsoever. laid bear. here this will be a more difficult case to prove since they don't have the body. >> heather: peter, how do they prove that without a body? how important is it that they find this body, where she is? >> the prosecution is going to have to prove three things actually. first they will have to prove that person who disappeared is dead. they'll have to prove the death. then they will have to prove the death is a homicide and once they prove this is a homicide they'll have to move the accused is the one who committed this crime. that is going to be a tremendous job that the prosecution will have to do. due to the fact that now we have forensic evidence. we have expert witnesses, gps, i think they're in a pretty good position to use the circumstantial evidence that they'll gather and press murder
7:36 am
charges against this individual. >> heather: jim, have there been any cases before where the body has not been located and there has been successful prosecutions? >> yeah, many years ago it was assumed that you couldn't have a murder without the body. and that was proven about 50 years ago that's not the case and that they were able to start convicting people based on circumstantial evidence without the body. in fact, surprisingly, 89% of cases brought where there was no body actually do result in convictions. >> heather: i wanted to go back to the custody hearing that took place. the custody hearing was last week and now custody of this child has been given over to her parents. is there any significance in that? >> well, i think the prosecution may have some evidence. they are not going to reveal it at this point. but if we were to go back to 1990, there was a case where
7:37 am
the jury convicted a man of murdering his wife in 1986. when the forensic unit from the state police was able to match the dna that they found at the wood chipper machine he used to dispose of her body with the fragments they found years later. they wanted to make sure the child isn't in his custody when they started making the case to the public. >> heather: what about the location of the cell phone and the cell phone pings that we've heard about? >> yeah, i think that's obviously where they're searching for the body. tends to show that there was some effort made here to dispose of the body, to move her to a different location. that's why i think the key is going to be what they have as far as who these other suspects are. i think that's going to be the key to the case, getting these other suspects to flip.
7:38 am
>> heather: what do you expect will happen next, peter? >> i think within a few days we'll see the prosecution come forward with more evidence. they'll hold a press conference over here and talk to the family of this beautiful woman who appears to have been disappeared at least at this point. and hopefully they will be able to prove the case and put this guy behind bars forever. >> heather: at that point this young child will be missing both parents. thank you both for joining us. we'll see what happens. >> happy new year. >> eric: there is a tragedy at a wildlife conservatory in north carolina. a 22-year-old intern identified as ms. black was killed by a lion after it broke loose from its enclosure from the center. the animal escaped a locked space during a routine cleaning. the young woman's colleagues are understandably still in shock. >> i can't imagine the loss they're enduring. i can't imagine what it must
7:39 am
feel like to be them. we only knew this person a short time and it was already devastating for us. so i'm just so grateful that they have spoken with us and been working with us to try to get some closure and to make sure we all understand what's happening. >> eric: ms. black has interned for 10 days just graduating from indiana university. her family said she was a beautiful young woman who died following her passion. police were forced to shoot and kill the lions after attempts to tranquilize it failed. >> heather: it can be fun using dna testing kits to track your ancestry and dna can be useful to law enforcement solving crimes. but does using dna also jeopardize one's privacy? we'll debate that coming up.
7:40 am
7:41 am
7:42 am
7:43 am
oh, and there's the closing bell. (sighs) i hate missing out missing out after hours. not anymore, td ameritrade lets you trade select securities 24 hours a day, five days a week. that's amazing. it's a pretty big deal. so i can trade all night long? ♪ ♪ all night long... is that lionel richie? let's reopen the market. mr. richie, would you ring the 24/5 bell? sure can, jim. ♪ trade 24/5, with td ameritrade. ♪ >> heather: as 2018 comes to an end, many are hoping the new year brings a positive
7:44 am
conclusion to trade tensions between u.s. and china. amid the turmoil, the dispute has sparked in global markets, the u.s. is asking beijing to add more details to a host of recent trade proposals. president trump sounding optimist take tweting just had a long and very good call with president xi of china. deal is moving along very well. if made, it will be very comprehensive covering all subject areas and points of dispute. big progress being made. >> eric: dna testing kits are growing more and more popular as people want to learn more about their ancestry. genetic technology is being used by law enforcement to investigate cold cases. there are no laws regulating their use and some legal experts raising privacy concerns about that. how beneficial is tracking a forensic family tree if you do that? does it cross privacy lines when it comes to law
7:45 am
enforcement? morgan wright, a fellow at the center for digital government. you think it would be appropriate, helpful, necessary. do you think the use of this technique is crossing a line? >> not yet, eric. i say that from 18 years being in law enforcement. state treerp and detective. we love these. when they get in trouble is when they abuse the process. the way they track these things back having to get samples legally and compare them against the dna found at the scene. i don't think you'll see anything for the next year. at some point somebody will try to challenge this. i'm telling you as somebody who was there when we had to get a dna simple that was the size of a foot ball people and now you can use it to project an image. this is like "star wars." as a cop if i was doing this job i would be excited this tool was available. >> eric: what is to stop law enforcement from doing
7:46 am
something. a doorknob, cigarette butt of your second cousin twice removed. is it legal for them to take dnr from them. go to one of those services and try to match a dna match in your family to a suspect without a warrant or subpoena? >> this is similar to the tracking technology the supreme court ruled on that says to get certain cell phone data and trackers on cars will require a court order. we aren't there yet. as long as they do things. the point goes back to the original point. don't abuse the process. if they do things legally and keep working on violent cases i don't think they'll see the privacy concerns. the problem is when somebody does not wait until it's thrown in the trash or they have a privacy interest, you go into somebody's house and take dna without a warrant. it will get you into trouble. >> eric: if an officer says can i have a glass of water, takes the glass and takes the glass or something, talking about
7:47 am
that. how does it work now legally in order for law enforcement to do this? >> what happens is right now you can get 60% of the united states we don't need their dna to do a track back. a lot is uploaded to an open source dna database and people agree. >> eric: explain what that is a trackback? explain that, please. >> there is an open source dna database where a lot of dna people are voluntarily committing their own dna samples. >> eric: where is that? >> just spaced out the name for a second. it is called something dna. i was on it this morning. it is an open source dna and how the golden state killer was caught. they went to the open source and used it. think about this. think about this. instead of having -- it helps you narrow it down. good old-fashioned detective work. you have to develop leads and follow social media and newspaper clippings, do interviews to narrow it to one or two people. not a fishing expedition. you have to narrow it down.
7:48 am
these are new tools. with any new tools you have to make sure guidelines are in place so you don't abuse it and law enforcement can continue to use it and not lose this new capability. >> eric: right now authorities do not need a subpoena and do not need a judge to sign off on this. >> not right now because of the terms of service on some of these sites have specifically changed. believe it or not it's the gdpr. the general data protection regulation to be forced about this is what you're allowing us to do. this is open source. you have no right of privacy if you submit your dna information to us. it can be used by law enforcement. if you don't agree with it it will delete the dna information off the sites. >> eric: it worked with the golden state case. it is pretty amazing. we'll see what happens. it will probably be challenged at some point. good to see you, happy new year. >> heather: speaking of the new
7:49 am
year, new york city police getting ready to ring in 2019 with a new high-tech gadget that they hope will help them keep all the festivities in time square square. the countdown to the countdown is underway. a new milestone for space exploration. nasa probe making a fly-by to give people on earth a unique look at something further away than any spacecraft has ever seen. my experience with usaa
7:50 am
has been excellent. they really appreciate the military family and it really shows. with all that usaa offers why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. it was funny because when we would call another insurance company, hey would say "oh we can't beat usaa" we're the webber family. we're the tenney's we're the hayles,
7:51 am
and we're usaa members for life. ♪ get your usaa auto insurance quote today.
7:52 am
7:53 am
>> eric: a close encounter far, far away and an historic one. nasa's new horizon spacecraft making its final approach to a heavenly body at the edge of our solar system. they tweeted this. in less than 48 hours new horizons will make history. the team at john hopkins university is preparing for the new year's fly-by of ultima thule. one billion miles from pluto. that's mind blowing. >> heather: it's great. always like hearing about things that nasa is doing.
7:54 am
i'm looking forward to the space force, all of that. i think we need to move in that direction. >> eric: i hope they don't find anything. you know, that is scary. maybe some nice beeps. >> heather: we had the blue lights over new york city last week. don't know if you can see this from space but the nypd are stepping up security in preparation for tonight's new year's eve celebration. they introduced a new hi-tech tool to give officers a unique advantage. jackie heinrich is live in a heart of time square just hours before the place will be packed to the gills for the ball drop. jackie, i see a lot of people behind you already. that's crazy. >> it is nearly packed to the gills already. check out the crowd here. lots of excited faces this morning. more than a million people are expected to pack into time square and one billion people expected to be watching on tv as the ball drops tonight. with everyone here safety is the number one priority.
7:55 am
nypd is already on the ground. security is tough out here. for the first time nypd is using drones to back up its network of 1200 security cameras leaving no part of time square out of view. thousands of officers are deployed around the city and sniper teams on the rooftops and using new odor pursuit dogs. no credible threats against the events but they're working around the clock. organizers were doing preparations of their own. yesterday tested the ball drop neck nice many and 32,000 lights. this tradition is 112 years strong and organizers say it has to go off without a hitch. >> the first year i did this back in 1995 the ball was actually -- we used to do it by ropes. four men on ropes, a man with a stop watch and even back then in the 1950s the ball got stopped halfway during a celebration. >> the ball got a makeover. the new crystals were installed
7:56 am
thursday. it is en cufted with more than 2500 waterford crystals. 12,000 pounds. we've come a long way since the first new year's eve ball in 1907 made of iron and wood and weighed 500 pounds and lit with 100 light bulbs. 25 watts each. that's what you would use for a table lamp. >> heather: what a difference. i can't believe the folks already down there. jackie, thank you so much. be sure, everyone, to join us right here on the fox news channel as we ring in the new year. something very special this year. the committee to protect journalists will be in time square including jon scott. tune in for coverage at 8:00 p.m. we'll be right back. hello mom.
7:57 am
amanda's mom's appointment just got rescheduled - for today. amanda needs right at home. our customized care plans provide as much - or as little help - as her mom requires. whether it's a ride to the doctor or help around the house.
7:58 am
oh, of course! tom, i am really sorry. i've gotta go. look, call right at home. get the right care. right at home.
7:59 am
8:00 am
>> eric: we start a new hour with a fox news alert on the shutdown stand-off continuing at this hour. the white house warning it could go on for some time with both sides digging in. one top republican suggests there could be a possible breakthrough compromise. welcome to "america's newsroom" this morning. i'm eric shawn in for bill hemmer. >> heather: i'm heather childress in for sandra smith. we're in week two. lots of folk said this would happen and again over the weekend, though the white house and democrats not appearing to be nearing a deal. after a meeting with the president republican senator lindsey graham floated the idea
8:01 am
of what a compromise could look like. >> i mentioned today as an outline of a potential breakthrough would be $5 billion for a wall/border security. the bridge act and tps reform. i think that's in the realm of possibility. the president didn't commit but i think he is very open minded. i know there are some democrats out there who would be willing to provide money for wall/border security if we could deal with the daca population and tps people and hopefully we can get some serious discussions started maybe as soon as next week. >> eric: white house correspondent kevin corke on the north lawn. kevin, as the shutdown showdown continues are you hearing of any movement toward the compromise that senator graham talked about? >> it's a fair question but i think the truth is, no. we're really not. at least publicly facing we're not.
8:02 am
behind is scenes they'll say i hope something happens. but the real feeling here is the president is doubling down on this idea that listen, no wall funding means no deal period end of story. that seems to be the posture as we look to 2019. not only are we not hearing about that. with no end in sight all eyes are now on democrats, eric, who as you know take over the house and control the congressional purse strings. to hear them tell it, a wall is pointless. >> it's very ineffective because we already have sections of the border with walls and gangs go over them, they tunnel underneath, they go around and drugs actually come right through the checkpoints. >> we're talking about a dumb barrier, we're talking about sensors, cameras, lighting, access roads for agents, a system that helps us secure that area of the border. >> for the time being my friend $5 billion still separates the
8:03 am
white house and congressional lawmakers. they want that money and the president says he won't budge. >> eric: meanwhile, kevin, the president and former chief of staff john kelly are exchanging words over kelly's interview to the "l. a. times." >> it was a pretty interesting exit interview by general kelly with the "l. a. times." the president is pushing back on this idea that the general floated that this notion of a wall, a solid barrier, a concrete wall has been vacated years ago, he says. it's old news. it is not happening. the president saying not so fast, my friend. as you pointed out he has been talking about that and a great number of issues on twitter throughout the day. pushing back on the notion he has given up the fight for a fully-funded border wall. not just a barrier. he wants a wall. so general kelly telling the times a solid wall is not going to happen. he also said this, which i found very interesting. i want to share a bit of his
8:04 am
interview. he said the president still says wall. oftentimes he will say barrier or fencing. now he tended toward steel slats. we're left -- he says but we left a concrete solid concrete wall early on in the administration when we asked people what they needed and where they needed it. basically what he is talking about here is listen, the border you want to have a barrier, sometimes a solid wall prevents law enforcement from being able to see to the other side and so now they're looking at different types of walls and barriers. i want to share what the president had to say about this. let me take you to twitter. an all concrete wall was never abandoned has has been reported by the media. some areas are all concrete. some experts prefer a wall that is see-through making it possible to see what is happening on both sides. makes sense to me. now, that is the back and forth, eric, we've been monitoring on our phones and
8:05 am
seeing what the president has to say about it. ultimately the bottom line is this. he wants a wall. he wants a barrier where needed and he is not going the budge on the $5 billion. that's the word from white house officials so far. back to you. >> eric: he seems to be living little daylight opening and maybe having, as you said, the fence. the tweet showing the fence. the negotiations continue. thanks, kevin. >> heather: with more on this governor john sununu, former chief of staff to president george h.w. bush, thank you for joining us. happy new year to you, too. let's talk about the latest. let's begin with senator graham. he met with the president over the weekend on sunday for lunch. he says he has come up with a proposal which would include $5.7 billion in funding for it along with provisions for daca recipients. what do you think about the plan? is that a good starting point for something to happen this week when democrats decide to
8:06 am
come back? >> well, i think it's a good starting point for discussion. the fact is that the democrats really don't want a result on this. they have a short-term agenda of not giving the president any political win and in the long-term they feel they gain from chaos on immigration policy and open borders. they see they've turned california from a one-time republican state to a solid deep blue state. and they would like to do the same thing in other places like texas. they see the current chaos in immigration policy meeting that agenda. >> heather: we heard in kevin corke's piece some of the phrases they're using to describe a border wall, border security, border fence at this point. they're calling it a pointless, ineffective, immoral, but as i pointed out earlier back in 2006 and 2013, they voted in favor of border security and a border wall.
8:07 am
>> any time you hear a democrat use the word ineffective, immoral, you're listening to a hypocrite and the fact is they know that this would stop free migration across the border. illegal immigration across the border. but they like illegal immigration across the border and they'll use any false description of reality in order to support the position they have now taken politically. >> heather: what about with the deaths that have happened recently on both sides of the border? not just these two children who were attempting to cross the border illegally with their parental figure, but also those on this side of the border, the corporal from california who actually was a legal immigrant whose only goal was to come and serve this country? will that change democrats at all? >> look, they have decided that
8:08 am
they are going to use whatever negative headline they can generate to fight the president. and they will take advantage of horrible incidents like that to do it. and the fact is they seem to ignore their own responsibility in creating this false incentive for people to make this hundreds of mile trek with children that are not in good health to begin with, and force them to go through -- encourage them to go through a process that has a false pot at the end of the rainbow. i think the democrats -- the public is beginning to understand the democrat responsibility in these tragedies. >> heather: the president tweeted out over the weekend talking about that very issue. and democrats and what level of responsibility they have in terms of what's happening. listen to what kellyanne conway
8:09 am
had to say. >> i think this is very important. i don't like some of the democrats using these deaths as political pawns. >> exactly what the president just did? >> the president does not want these children to come on the perilous journey to begin with. >> heather: not wanting the children to make the trek to begin with is something similar to what president obama said. but yet we didn't hear the outrage then. >> you are dealing with pure undull rated, self-serving politics on the part of the democrats. i don't think the president is going to get any movement out of the democrats until he starts causing political pain to chuck schumer. i think the president ought to tell his omb director 20 figure out how to shut off all spending on infrastructure projects in new york state and maybe then schumer will come to the table. >> heather: come this week we have democrats in charge of the
8:10 am
house. so in terms of what type of movement the president has, what happens then? >> well, it is going to be a tough tug in both directions. but you can get things through political structures that are controlled by the opposition if you figure out two things. one, how to give him a little bit of candy in the process and number two, how to cause him a little bit of pain if they don't fulfill things politically. i think the president will have to get a term internally that understands how to do those kinds of negotiations. i think the president has confused negotiating a real estate deal with a political process. i think he underestimates the value of political pressure and political hurt and political candy, if you will, in order to make those deals function. >> heather: all right. we'll see what happens. thank you so much for joining us, governor. we appreciate it. >> thank you, heather. take care.
8:11 am
>> eric: is president trump softening his stands on pulling all the troops out of syria? senator lindsey graham is saying something after he had lunch with the commander-in-chief in the white house yesterday. we're live what the details next. >> we're not there yet. as i said today we're inside the 10-yard line and the president understands the need to finish the job.
8:12 am
8:13 am
8:14 am
>> eric: an american citizen has been detained in moscow on
8:15 am
spying charges. he was taken into custody on friday. russia's federal security service says he was arrested during an act of espionage. the state department saying they want access. this is one of russia's first tit-for-tat actions after the indictment of several russians in the u.s. no information whether or not at the moment he potentially could face up to 20 years in he is convicted. >> we talked about syria, and he told me some things i didn't know that made me feel a lot better about where we're headed in syria. he promised to destroy isis. he will keep that promise. we're not there yet but as i said today, we're inside the 10-yard line and the president understands the need to finish the job. >> heather: republican senator lindsey graham had a busy weekend this weekend.
8:16 am
he was sounding optimistic after his lurch with president trump yesterday suggesting the president is reconsidering his planned troop withdrawal from syria. the president says he is still committed to withdrawing u.s. forces. >> the president points out that he campaigned against what he called never-ending wars and wants to draw down the roughly 2,000 u.s. troops in syria. the morning the president tweeted if anybody but donald trump did what i did in syria, which was an isis-loaded mess when i became president, they would be a national hero. isis is mostly gone and we're slowly sending our troops back to be with their families and at the same time fighting isis remnants. the president says he is following through on that promise, heather. >> heather: senator graham says he supports the specifics of the president's withdrawal plan. >> after his meeting with the president he tweeted the president will make sure any withdrawal from syria will be done in a fashion to ensure,
8:17 am
one, isis is permanently destroyed, two, iran doesn't fill in the back end, and three, our kurdish allies are protected. >> i share his goal to withdraw your forces from syria but do it in a smart way. make sure iran is not the big winner and after the discussions with the president and general did you know ford, i've never felt better about where we're headed. >> learning of the president's decision earlier this month graham said he was blind-sided at first and criticized it. defense secretary james mattis announced his resignation shortly after the decision. a u.s. defense official says mattis will transition power tonight at 11:59 to acting defense secretary patrick shanahan. the official says there will be no ceremony. the two will mark the transition with a phone call. >> heather: still withdrawing a matter of logistics it sounds like. thank you so much, rich.
8:18 am
>> eric: let's bring in siraj hashmi, writer for "the washington examiner". great to see you. as we reported senator graham said the result of the decision in his words was a major disaster in the making but as you heard he changed his tune. do you think those specifics that the president may have told him in the meeting bolstered his confidence? >> absolutely. the position that president trump had initially, the russia/ranian and syrian government called it a victory the u.s. was withdrawing from syria. it gave president trump pause. supporters criticizing that he was withdrawing so quickly and the u.n. reported there were 20,000 to 30,000 isis fighters in iraq and syria. it should give him pause that isis isn't completely destroyed and mission isn't accomplished. while i don't normally agree with a warhawk like lindsey graham specifically trying to
8:19 am
maintain our presence in the middle east, but we should at least do it in a practical sense. the president's action and implementation of the policy teams to reflect that. >> eric: the senator make take issue with your description of him a bit. critics say about the decision they say it bolsters and helps assad, emboldens putin and iran and their expanding influence in syria. sells out the kurds who have been our allies and shakes the confidence of our allies in sudden decisions. is what the senator is saying when he came out, was that spin do you think or he actually sees concrete decisions and results that the president is deciding to take? >> i think what we're seeing is president trump came back a little bit from his stance of withdrawing completely based on the resignation of his defense secretary jim mattis. while we don't know the full details of the meeting that happened with president trump and lindsey graham it's
8:20 am
possible trump is listening to the generals and focusing on practical methods of at least protecting our allies in the region, both israel, the kurds, syrian all -- allies as well and checking off his boxes now. >> eric: that's a great point. the president was in iraq, of course, with the first lady visiting troops and talking with the commanders on the ground. in iraq and it's exactly the point general keane brought up. here is what he said he thinks the commander-in-chief heard when he was physically there. >> i think he got some new information that may have reinforced some things his policymakers were telling him and he appears as a result of the conversation he had with senator graham and other statements he is adjusting the syria decision. >> eric: do you expect we'll hear more about these specifics? >> say that again? >> eric: do you expect we'll hear more from the president
8:21 am
about the specifics and the reasoning behind this decision? >> one of the things that president trump ran on is ending these endless wars. you know, this is something that a lot of democrats and independents agree with him on. especially those opposed to the iraq war in 2003 and maintaining our presence in afghanistan long after al qaeda had been wiped out. but, of course, with afghanistan, the news coming out that president trump was withdrawing 7,000 troops from the region, that was welcome news. i think the american people actually agree with the president that ending these endless wars or at least withdrawing troops from these regions is a good sign because he is focusing on building up border security, border wall, focusing on national security in the homeland and his policy. >> eric: we're up against the clock on this, i apologize. the question will continue. thank you for being here. >> heather: we just got our first look inside the courtroom as the fiance of a missing
8:22 am
colorado mother faces a judge today charged with her murder. we're live from the courthouse straight ahead. >> nothing is more important to all of us than determining the circumstances surrounding kelsey's murder and bringing kelsey and her family justice. select securities 24 hours a day, five days a week. that's amazing. it's a pretty big deal. so i can trade all night long? ♪ ♪ all night long... is that lionel richie? let's reopen the market. mr. richie, would you ring the 24/5 bell? sure can, jim. ♪ trade 24/5, with td ameritrade. ♪
8:23 am
ensure max protein...
8:24 am
to give you the protein you need with less of the sugar you don't. (straining) i'll take that. (cheers) 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience.
8:25 am
my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. >> eric: stocks could finish a rough year on a high note. look at that. barring a big rally this will be the worst december since the great depression. stock market averages are on pace to post solid losses for the year. they were all down at least 4.% this year-to-date through friday's close. that happened to mark the worst annual performance since 2008. >> heather: the fiance of missing colorado mom kelsey
8:26 am
berreth facing a judge today. patrick frazee is accused of first degree murder in her death. kelsey berreth was last seen alive on thanksgiving day. we're live outside the courthouse in cripple creek, colorado. what happened in court today? >> patrick frazee was charged with five counts today. that includes two counts of first degree murder. this will be under two different theories and three counts of solicitation to commit murder. patrick frazee did not say anything in court today. he sat there with his lawyers and he was shackled. the charges were not read aloud by the judge. this is video of the last time kelsey berreth was seen in public. on thanksgiving day at a grocery store in woodland park, colorado with the couple's 1-year-old child kaley. the woodland park police chief say they believe she is dead though her body hasn't found. they haven't ruled out other
8:27 am
arrests. investigators say her cell phone pinged in idaho and texted her employer who say she wouldn't be at work that week. authorities in idaho have provided evidence to the woodland park police department. much of the information in this case has been sealed. there is another hearing on friday to go over a possible gag order in the case resolving around the arrest warrant in the case. what's interesting here is that the prosecution told the judge they are willing to release the warrant information to the defense team. however, they do not want their client to see this information. in a previous filing the prosecution did say they're concerned about the potential safety and potential harm to other possible witnesses in the case should that information get out. >> heather: what about the little girl? where is kelsey's little girl at this point? >> 1-year-old kaley right now is with her mother's parents.
8:28 am
that's a decision that was granted by the judge. however, right now that is temporary custody. patrick frazee was in court last thursday for that separate hearing concerning the custody of the couple's child. kaley was taken away from him upon his arrest. frazee's mother, sheila, has filed a motion to intervene but the judge did say that right now the child will remain in kelsey's parents and there is a pre-trial hearing in the custody case that is scheduled for this thursday. now sheila, patrick frazee's mother, was in court today for her son. >> heather: such a sad situation for that little girl. thank you very much. breaking developments on that. thank you. >> eric: the tragic killing of a california police officer. you know it's captured headlines and sparked outrage across our nation. now several arrests have been made in this horrible murder including the illegal immigrant
8:29 am
accused of fatally shooting him during a traffic stop. the latest on the investigation and the anger straight ahead. >> i was waiting for this to happen. i would like to thank you for working day and night to make this happen. (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens.
8:30 am
don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, itching, rash, or trouble breathing. serious side effects may happen, including pancreatitis. tell your doctor if you have diabetic retinopathy or vision changes. taking ozempic® with a sulfonylurea or insulin may increase the risk for low blood sugar. common side effects are nausea, vomiting, diarrhea, stomach pain, and constipation. some side effects can lead to dehydration, which may worsen kidney problems. i discovered the potential with ozempic®. ♪ oh! oh! oh! ozempic®! ♪ ask your healthcare provider if ozempic® is right for you.
8:31 am
8:32 am
>> eric: immigration and customs enforcement weighing in on the illegal immigrant accused of the killing of a california police officer ice saying there were no encounters with the suspect. they're blaming the sanctuary state law to allow the subject to be on the street despite a criminal record. we have more. >> ice officials issuing a detainer for that suspect who was arrested friday following a 55 hour statewide manhunt.
8:33 am
arriaga was taken into custody hiding in a house. he was a mexican national in the u.s. illegally, had known gang affiliations and also arrested for drunk driving. stoking intense debate over sanctuary laws in states like california and how they affect citizens and those sworn to protect them. >> it was a senseless tragedy that could have been prevented. unfortunately we're here today having this conversation because it was not prevented. >> while suspect arriaga sits in a california jail accused of the murder of officer singh a court appearance is scheduled for wednesday. there are some, including lawmakers, who say sanctuary laws can be helpful when it comes to those in our country illegally.
8:34 am
>> these sanctuary laws actually help promote public safety by encouraging cooperation, encouraging communication between community and police. >> meanwhile the family of corporal singh, a native of fiji who came to the u.s. to pursue his dream of becoming a police officer is preparing to remember the officer with funeral services saturday morning in downtown modesto, california and a viewing schedule starting at 5:00 on friday. he leaves behind a wife and 5-month-old son. >> heather: the tragic killing of that california police officer sparking new outrage over that state's sanctuary laws. here is local county sheriff adam christianson. >> frustrated is a better characterization. in my opinion, this could have been prevented. so in this case, this suspect, having two prior arrests for
8:35 am
dui and gang affiliation, under sb54, the current sanctuary state law i or any other law enforcement officer would be prohibited statutorily from telling ice about this guy. >> heather: joining us now is steve greenberg, criminal defense attorney. thank you for joining us. >> happy new year. >> heather: happy new year. explain to us california's sb54 and why it would have prohibited local authorities from sharing information with ice. >> sure. what those sanctuary laws do is they say that for most offenses except for extreme or violent offenses, law enforcement is not to contact immigration and tell them they've arrested an illegal alien. if immigration doesn't find out there has been an arrest they can't take any action. >> heather: even if he had been arrested twice on dui charges and known gang activity ties?
8:36 am
>> well, known gang activity ties being in a gang is not illegal per se. so you can do that and duis are one of those laws where they've said we aren't going to notify immigration when people get arrested for a misdemeanor offenses. >> heather: what about this other part of it that prohibits ice agents from visiting california jails? >> well, someone should probably challenge the law because the way i understand it is the federal law should trump is state law. so ice agents should be able to visit wherever they want to visit. you know, the one clip you played someone said these laws sometimes help also because they can use this and say to someone look, we won't notify immigration but you have to help us out. you have to give us information. you have to be cooperative. the law cuts both ways. >> heather: so do you think that if these changes were made that this incident could have been prevented?
8:37 am
>> look, it's a terrible, terrible tragedy. whether it could have been prevented or not i can't say. we can't be reactionary about this. this isn't a physics experiment. if a homeless person killed somebody we can't outlaw homelessness. if someone kills an officer in a domestic dispute and the officer comes to stop it like we had happen here in chicago, we can't say we'll outlaw relationships. we can't always be doing those kinds of things. it is a terrible tragedy. it is not something that should be political. >> heather: but yet this is not the first time we've heard about something like this happening specifically in california. >> that's true. but we hear about the extremes. so we also haven't heard about all the times that things haven't happened because these laws are in place. or all the good things that have happened because these laws are in place. we can't just react to the extreme event without knowing all of the consequences of the law.
8:38 am
>> heather: but every life -- just one life making a difference and saving just one life people listening to this conversation right now are quite frankly going to be furious as to what you just said. >> i'm not saying it couldn't have been prevented. why don't we outlaw guns? one life and one shooting doesn't take place. outlaw knifes. we can't look at it in the microcosm of a single incident. >> heather: what about looking at it when you know they're a known gang member? that's what i don't understand. why you can't do anything about it until, say, as a gang member they've killed someone? >> or broken a more serious law as a gang member. as i said, being in a gang by itself is not illegal. you have a right to associate with whoever you want to. that's a basic first amendment right. same right that gives you the right to go to church or the right to be in a political
8:39 am
party. until someone commits a crime that shows they're a danger, we can't predict that just because they're in a gang they're going to do something extreme. >> heather: that's a pretty big problem. why else will you be a member? this particular gang he was a member of was a violent gang. >> well i think all gangs are violent to some extent. the bigger problem here is who reacts to getting pulled over for a dui by shooting the officer? that's really the problem here. why did someone react like this to what was still a relatively minor traffic stop? >> heather: thank you so much for joining us. we appreciate it. this will continue to be debated. but once again we have a police corporal ronald singh leaving behind a wife and 5-month-old baby in all of this. thank you. >> thank you. >> eric: and we have a fox news alert. we confirmed that house democrats do plan to introduce
8:40 am
a government package to end the partial shutdown we're told they will do that once they get control of the house. that will happen on thursday. fox news is told the democratic leadership will file that measure at 3:00 or 4:00 later this afternoon. we don't have details yet of exactly what is planned in this regarding border security and president trump's possible border wall. but we'll bring you all that information as soon as we get it. >> heather: tonight is the night and our very own jon scott joins other leading journalists to ring in the new year in time square. they'll push the button to drop the ball. the new year's eve event highlighting the committee to protect journalists when many lost their lives. tonight pete hegseth will have an exclusive interview with president trump. be sure to join us with the fox news all american new year celebration. coverage starts at 8:00 p.m.
8:41 am
eastern time. this should be lots of fun. >> eric: yes. going to be up to watch. >> heather: the 2020 white house race starting to take shape. senator elizabeth warren taking the first step towards a presidential run. plus president trump preparing for a new era in washington as democrats get set to take over the house this week. our panel weighs in up next. >> you've seen a lot of focus on what they'll do in terms of what the president calls presidential harassment. that's not what this country wants. dy has a right to♪ ♪and shakin' me up so applebee's all you can eat is back. now with shrimp. now that's eatin' good in the neighborhood.
8:42 am
8:43 am
the best simple salad ever?d great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at
8:44 am
>> heather: one prominent democrat taking the first step towards a white house run today. perhaps no surprise, senator el iz wegt warren announcing she is launching an exploratory committee allowing her to begin raising money for a presidential campaign. warren is the most high-profile democrat to make this move so far. the democratic field could be the largest in decades with
8:45 am
dozens reportedly interested in running. >> eric: as the partial government shutdown goes into a second week. it is a test of wills in washington democrats preparing to take control of the house this week. current majority whip republican congressman steve scalise. >> let's focus on actually getting our budget balanced again and let's talk about infrastructure. a lot of other issues we can work on in the new year. democrats have to be willing to work with this president. you've seen a lot of focus on what they will do in terms of what the president calls presidential harassment. that's not what this country wants. >> eric: knocks fuss confirming house democrats plan to introduce a government package to try to end the partial shutdown doing that once they get control of the house this coming thursday. will that help solve all this? richard goodstein democratic strategist joins us along with beverly halberg, the host of
8:46 am
filler words podcast. richard, let's start with you, the democrat. so far the party has been saying no wall and now reports say they're sticking with their 1.3 billion dollar offer that does not include a wall. so how does this thing end? >> president trump has to level with the american public. remember he said mexico would pay for it. the fact we're quibbling about who will pay for it the u.s. taxpayer is what he has in mind. already he is moving off that promise. look, in 2013 when the democrats controlled the senate, they passed an immigration bill that had 46 billion in funding. $8 billion for a wall -- excuse me a fence along the southern border and honestly, eric, i think we can move off this kind of talk about wall, fence. this notion that somehow democrats are for open borders is something that is an
8:47 am
irritant. if the president said look, i saw what the democrats did when they were in control of the senate and there were a lot of good things there. let's adopt some of that and i think the democrats would be prepared to meet him halfway as they would on infrastructure and other issues. but i just think it's the hard line he is taking is what's making it hard to compromise. >> eric: you could say the democrats are taking a hard line. it's the president who is dialing back. first it was $5 billion for the wall. latest proposal was $2.5 billion. can there be compromises? mick mulvaney said there can be when you talk about the amount of money spent and throw the dreamers in. >> there can be a compromise. i think the fact you see some of the democrats saying they'll release something later today. how much money will be in that. what exactly are they bringing to the table? i think people do want there to be compromise on this. if this shutdown continues i think it is worse for democrats because something that most
8:48 am
americans agree on is that we need border security in this country, even democrats agreed on that. richard mentioned how many of theme voted for a fence in 2006 and some past years. this something that i think will go poorly for democrats if they don't find some type of compromise on border security and i actually think what democrats really want to do is move quickly to investigating the president and then in their mind hopefully impeaching him. i think it's trying to pave the way for what the next two years will be about. >> eric: they're sticking with $1.3 billion and -- >> they're not moving enough. they'll have to raise it more if we get the border security that we need. let's not forget when you talk to border security agents, they are talking about a fence being or even a wall being extremely needed. i'm glad we're also talking about the combination of technology. it doesn't have to be an entire wall but i think when people see what's going on with the caravans coming across, i think most people agree we need
8:49 am
something. i'm not sure the dollar amounts are coming up with is enough and when the democrats become concerned about budgets, they're usually the party that's willing to spend a lot of money and for some reason they're not budgeing in this area. >> listen, can i say something? john kelly said to be honest, it's not a wall. we moved off the wall a long time ago. so whether it's you or beverly or anybody saying what we need money for a wall, john kelly who ran the department of homeland security says it's not a wall. >> eric: the president tweeted out the fence with the spikes. richard, beverly mentioned 2006. the democrats supported and voted for and george w. bush signed into law the secure fence act of 2006. schumer, hillary clinton, senator barack obama supported this. here is what this then senator said for illinois building a
8:50 am
huge barrier. you can't transport yourself through that. here is what the senator then said about this. >> the bill before us will certainly do some good. it will authorize some badly-needed funding for better fences and better security along our borders. and that should help stem some of the tide of illegal immigration in this country. >> eric: is that hypocritical, richard? >> in 2013 every democrat in the senate and 14 republicans included lindsey graham, orrin hatch voted for $46 billion in spending for immigration reform including $8 billion for a fence and i would just say -- >> heather: way too much on the immigration bill if it was about border security they would have moved forward but they always try to push other immigration reform that republicans don't want. >> blame the republicans who voted for it. many of them are still in leadership in the senate.
8:51 am
i think it's doable. >> eric: we'll get the latest on the democratic proposal when it comes later this afternoon. by the way, happy new year. and we'll be right back. hey, batter, batter, batter, batter.
8:52 am
[ crowd cheers ] like everyone, i lead a busy life. but i know the importance of having time to do what you love. at comcast we know our customers' time is valuable. that's why we have 2-hour appointment windows, including nights and weekends. so you can do more of what you love. my name is tito, and i'm a tech-house manager at comcast.
8:53 am
we're working to make things simple, easy and awesome. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast.
8:54 am
we're working to make things simple, easy and awesome. >> heather: welcome back. the press is apparently rolling again at several major newspapers following a cyberattack. "l. a. times," "chicago tribune" and baltimore sun reported disruptions at printing plans over the weekend. a malware attack stopped them from getting papers out on time. homeland security is investigating along with our own matt finn who joins us live from downtown chicago with more. hi, matt. >> heather, this morning tribune publishing tells fox
8:55 am
news the issues aren't 100% fixed. newspaper customers across the country over the weekend did not receive their newspaper only received a fraction of their newspaper because of this cyberattack on tribune publishing. it includes the "wall street journal," "new york times." this morning the department of homeland security confirmed it is investigating the reports of the cyber incident that appears to be an intentional attack to disrupt u.s. newspapers. tribune publishing said it first detected the presence of malware froo*ird and took steps to fight back. too late. publishing was disrupted. the "l. a. times" published an explanation to its readers writing in part because of a major computer breakdown that affected our printing and deliveries many of you did not receive your copy of saturday's "los angeles times." we're aware many of you have been unable to report your missed delivery. this morning tribune publishing says none of its customers'
8:56 am
private information including credit card information was compromised or stolen during this attack. >> heather: that's good news. forbes apparently reporting indicating that this attack on american numbss is potentially linked to foreign bad actors. what do you know about that? >> forbes is now reporting that some of the malware used here might have been ransomware often attributed to the lazarus group with connections to china and north korea. forbes reporting this is similar to the ransomware used in the 2014 sony studio cyberattack. >> heather: thank you, matt. >> eric: as preparations are now underway for new year's here in new york city, we'll take a closer look at the celebrations around the world where it's already 2019.
8:57 am
8:58 am
8:59 am
9:00 am
>> heather: it is already a 2019 down under, the aussies ring in the new year with a bang. and it is nearly our turn here in new york city. >> eric: cannot wait. >> heather: i want to go there. >> eric: it is amazing that it is already there. but by the way, happy new year. thank you for joining us. >> heather: goodbye. >> this fox news alert, digging in, day ten of the government shutdown with no deal insight. but we are learning more about the strategy and house democrats. this is "outnumbered," i am dagen mcdowell, happy new year. new year's eve coming here today fox news correspondent molly line, a couch first timer britt mchenry, cohost of "fox nation." fox news contributor, working morning, noon, and night rachel campos duffy, and hugo gurdon, and the new "washington examiner" magazine
9:01 am
which launches tomorrow.


info Stream Only

Uploaded by TV Archive on