tv Americas Newsroom With Bill Hemmer and Sandra Smith FOX News January 22, 2018 6:00am-8:00am PST
prepare the perfect steak, willie knows and we'll talk about it in the after the show show. >> and if you want the perfect radio show mark meadow will be joining me 9:00 to noon. i'm taking attendance. >> bill: brand-new reaction moments ago from the white house. federal government shutting down heading into its third day and right now lawmakers geared up for another day of marathon negotiations. hopefully a vote to end the stall and the finger pointing is almost a certainty. hope you had a great weekend. i'm bill hemmer inside "america's newsroom." i had a fantastic weekend. >> sandra: another big day. i'm sandra smith. president trump already calling out democrats for putting politics ahead of the nation. those tweets coming just two hours ahead of the next big moment in this fight. senators are taking a test vote to see if they have the numbers to end this shutdown. all of this after a very busy
weekend in washington >> let's step back from the brink. let's stop victimizing the american people and get back to work on their behalf. >> this is the trump shutdown, only president trump can end it. we democrats are at the table ready to negotiate. the president needs to pull up a chair and end this shutdown. >> we recognize that as a group of 20 plus bipartisan legislators we need to be working with our respective leadership teams to have them come to a level of consensus. >> for my democratic friends, don't overplay your hand. the government shutdown is not a good way to get an outcome legislatively. we learned that as republicans. so february 8th make sense to me. >> bill: a sample right there. team fox coverage right now. john roberts the latest from the white house. mick mulvaney standing by as well. we begin on capitol hill where
the action is. there is peter doocy. good morning, peter. >> good morning, bill. just a few minutes ago while republican alaska senator lisa mer kowski was heading into a bipartisan meeting of lawmakers in senator susan collins' office she said she thinks they are this close. we expect 15 to 18 lawmakers attending from both sides of the aisle the morning after the senate majority leader mitch mcconnell insisted there can be daca negotiations, but not until the government is reopened. that's something that arizona republican senator jeff flake followed up with the majority leader about last night. >> i think there is a lack of trust and that's why i wanted to stand up afterwards and reiterate and to confirm what the leader has committed to. i do think given the high-profile nature of this whole debate, that it will be impossible for us not to move on to immigration.
>> it seems like the senate is about seven democratic votes short of having enough to reopen the government and on this shutdown's first day of business, there is growing pressure on the democratic senators who represent constituent sigh with a lot of federal workers. from virginia tim kaine and mark warner who told us this late last night. >> both sides have to make some compromises and as somebody -- a senator from virginia where we have a huge number of federal employees we need to get it resolved. continuing to kick the can down the road on things like full funding for our military and making sure the federal government stays opening, continuing to start and stop with the continuing resolutions is not the way to run an enterprise. >> we're three hours away now from a procedural vote on the measure to fund the government for three more weeks.
if it passes that's a good sign. if it does not, the shutdown drags on. >> bill: right now we don't know if they have the votes. peter doocy leading coverage on capitol hill. >> sandra: president trump calling out democrats tweeting this morning. john roberts is live from inside the briefing room where there is an update a bit later. where do things stand this morning? >> typically when the president has something to say we hear about it first in the thing morning. it took until almost 8:00 for the president to weigh in on this and tweeted the democrats are turning down services and security for citizens in favor of services and security for non-citizens. not good. the president suggesting that the democrats' hands are tied here. they've shut down our government in the interests of their far-left base. they don't want to do it but are powerless. as of now, the white house does not have any assurances that there will be the 60 votes necessary to pass this measure. legislative affairs director
marc short says the relationship between the president, dick durbin and chuck schumer is deteriorating over the impasse. he seemed to have a fairly good relationship with schumer but it is now going downhill. the legislative affairs director assuming senators flake and graham will make good on their pledge yesterday to support the measure. i checked with graham's office this morning and he is on board. graham not happy with the position of some white house staffers on the issue of immigration taking aim at the policy director steve miller he is an outlier when it comes to immigration. >> his view of immigration has never been in the mainstream of the senator and we won't get there that we embrace concepts that can't get 60 votes. mr. miller has evolved on a pathway to recipient ship. >> the relationship between the white house and senator graham
is not what it was. in recent weeks the deputy press secretary saying in a statement as long as senator graham chooses to support legislation that sides with people in this country illegally and unlawfully instead of our own american citizens we're going nowhere. he has been an outlier for years using the same language graham used to describe miller. he believes people like senator graham and others who did not support the continuing resolution are simply looking for a boogeyman. short also saying there has been a lot of progress made in negotiations on daca despite all of this -- democrats are beginning to give a little bit on funding for the border wall. the white house is willing to increase the number of potential daca recipients from 690,000. so we won't see those negotiations continue or renew until after the impasse is solved. speaker ryan saying today we'll
begin negotiations on daca when the government reopens. >> sandra: what a day it's shaping up to be.
john roberts, thank you. >> bill: director of the office of management and budget mick mulvaney live from the north lawn at the white house. thank you for your time. where are we? >> we're shut down. and we are going through the process this morning of informing the various federal employees which ones should come to work today and who shouldn't come to work. a third group of folks come in for a short period of time for four hours to shut things down. but we're going through the ordinary rhythm of a lapse in appropriations, the technical name for a shutdown managed by the office of management and budget through the various secretaries and i'll be talking to various cabinet secretaries as we work through how to manage the shutdown. each cabinet secretary do everything possible to keep as much of the government open as possible. it will be a different shutdown than 2013. that's a plan we are putting in place this morning.
>> susan collins thinks they're this close. are they? >> that's great. i think you would have to reach out first to those sort of self-described centrist democrats. the folks who go back home. montana and wants to work with republicans and tries to run on that platform when he comes to washington and does something different. those are the folks you need to talk to. we've already seen four or five democrats already vote for keeping the government open. working in a bipartisan fashion. we need more of those. this government cannot open again until at least nine democrats support the measure. so it's entirely in their hands. i heard your lead-in where schumer said only the president can open the government. mr. schumer needs to take basic civics. only the democrats in the senate hold the keys to opening the government. >> bill: the white house would take it if it's a 2 1/2 week
reopening. they're talking february 8. i imagine you support that. >> we'll support it. we thought four weeks to pass the house was the ideal bment of time. we do know what was discussed as late as friday or early saturday was a five, six, seven day extension. that's simply not enough time to deal with all the things we need to deal with. clear where the president is. he was negotiating on daca before the shutdown. he wants to continue discussions about daca but it will be after the shutdown. we're not going to be held hostage or allow the democrats to force a discussion on daca by forcing a shutdown, by forcing federal workers and putting our military at risk. that's not going to happen. we want to engage with that discussion but not during the shutdown. >> bill: graham says miller is getting in the way. >> the president makes the decision about the immigration, period, end of story. >> bill: is lindsey graham wrong then? >> yes, sir.
>> bill: tom cotton says democrats are misrepresenting the good faith effort on behalf of the white house. how would you characterize that? >> that's a true statement. no one has asked mr. schumer the follow-up that needs to be asked. running around town saying he offered the president everything he wanted for the wall and everything he wanted for the military. the better question for mr. schumer as we try to prevent the schumer shutdown from going another day, did you really offer appropriated funds or did you just offer to authorize a building of a southern wall? there is already a southern wall authorized in 2006. voted for by mr. schumer. it has never been built because the funding has never been there. so i think senator cotton's representations there probably fairly accurate. >> bill: marc short said the relationship with democrats is likely deteriorating. the phrase he used is probably deteriorating. is that a fair characterization? >> the president is finally starting to learn that maybe the democrats and the senate
leadership were not the honest brokers we thought they were. you can't have a conversation about funding the wall but not really funding it. you can't do that with the president of the united states and not expect there to be ramifications for future discussions. >> bill: is there another meeting planned with the president and mr. schumer today? >> not with mr. schumer. >> bill: others on the democratic side? >> i'll be meeting with the president later today to go over the mechanics of the shutdown and we'll be meeting with the cabinet secretaries to go over how they'll manage the lapse in appropriations at various agencies. the president is very engaged with that. i'll speak with him several times. as for individual meetings or phone conversations that's handled by others. >> bill: how would you define the way the president has been involved? >> he is heavily engaged. i don't think anybody can claim the president wasn't actively engaged in trying to prevent the shutdown. he had bipartisan meetings all last week and met with mr. schumer on friday. since they've gone into the shutdown he has stepped back
from the negotiations. we won't be held hostage. he shifted gears to being the person who is supposed to manage the shutdown. this is the executive of the nation and he is responsible to manage how it plays out in terms of every cabinet agency and that's what he has doing. he has gone from negotiating to running the government. >> bill: appreciate your time.
thank you. >> sandra: we will get more reaction from the white house next hour with white house press secretary sarah sanders on where the president stands this morning. of course, we'll have a lot of questions for her. very interesting and informative discussion with mick mulvaney there. >> bill: you were watching over the weekend and the ping-pong is active going back and forth. >> sandra: american people are frustrated watching this. >> bill: get it done. other big stories. jerusalem moments ago vice president mike pence on the ground in israel breaking major news on that decision to move the u.s. embassy to jerusalem. what that decision is live in a few moments coming up here.
>> sandra: bombshell new revelations as lawmakers get their hands on more texts between those two former mueller agents. why we're now learning peter strzok and lisa page knew hillary clinton would not be charged before she was even interviewed by the f.b.i. jason chaffetz will join us. >> bill: new details on the government shutdown minute by minute we have it covered for you all morning long. don't move. >> this president is always willing to negotiate with people who come in good faith. people have to stop thinking they heard what they wanted to hear rather than what they needed to hear in different settings. psoriasis does that. it was tough getting out there on stage. i wanted to be clear. i wanted it to last. so i kept on fighting. i found something that worked. and keeps on working. now?
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>> sandra: we're getting a look at more of the text messages shared between an f.b.i. agent removed from the mueller probe and a lawyer at the bureau. the texts suggest they knew in advance that hillary clinton would not be charged in that email investigation even before she was interviewed. in one exchange in 2016 referencing former attorney general loretta lynch's tarmac meeting with bill clinton strzok writes timing looks like hell. page responds yeah, that's awful timing says it's a real profile in courage since she knows no charges will be brought. let's bring in jason chaffetz. i'm sure that fires you up,
congressman. >> well, i have to tell you as a former chairman of the oversight committee nothing is more frustrating than not getting all the documents from the department of justice. the key metric is to make sure they get 100% of the documents. as it relates to that exchange it was congressman john radcliffe who asked very specifically of director comey when did he make this decision? he said it was done after. i would also want to play back the tape showing the director comey when he went to the press release saying -- to the press conference he was emphatic nobody at the department of justice or the attorney general, they didn't know what he was going to say. that was so misleading if not an outright lie based on these text messages. >> sandra: based on those text messages we all read them and heard them and can draw our own conclusions but what conclusions are you able to draw from reading those? >> well, do you believe them at
face value? these are senior people, not rank and file low-level person who is having an exchange. remember, this is the guy who is engaged in affair with another member of the department of justice and they are having a very candid exchange here. indicating that the attorney general herself knew in advance before she made her public statement what the conclusion of this result was. and they had not yet interviewed the main subject of this investigation, hillary clinton herself. for the f.b.i. director then to come to congress, raise his right hand and swear and testify they did not come to that conclusion that needs to be sorted out. >> sandra: does it tell you that the officials knew she would be exonerated even before her actual interview took place and when i ask you that, i would also ask the question is it maybe typical that
high-ranking officials would know a outcome of an investigation beforehand anyway? >> look, it's another piece of evidence. it is not the sole piece of evidence. that's what is so disconcerting here. remember, you have the drafting of the memo by director comey before some 16 or so people had even been interviewed and you heard others who have said repeatedly they have been career prosecutors, they have never, ever seen a case dealt with like this from top to bottom. that's why a lot of us don't believe the department of justice was applying justice in a fair and even hand because it was hillary clinton. >> sandra: does it change anything? does anything change based on what we're learning here? the missing text messages as well between strzok and page and here is what we know about that. f.b.i. provided samsung five mobile devices did not capture
text messages because of roll-out and software upgrades that conflicted with the f.b.i.'s collection capabilities. the result was data that should have been automatically collected and retained for long term storage and retrieval was not collected per a doj letter january 19th, 2018. >> why should anybody believe that? how convenient. you know what's suspicious is somebody who has been through these investigations is that the missing text messages, the end date of that is the day before mr. mueller starts his probe. when you talk about things that end within hours of other things starting, you really have to raise an eyebrow and say that's highly suspicious. i think senator johnson is asking the right appropriate questions and we'll see what their answers are. >> sandra: we shall see where it goes. thank you for coming on. >> bill: meanwhile new developments now on a shocking memo that republican lawmakers want to go public with.
>> bill: let's go to central florida. south of orlando a manhunt underway. two explosive devices at a mall on sunday. smoke in a service corridor by a j.c. pennie. -- j.c. pennies. a live record on what is happening this hour coming up next hour. >> sandra: vice president mike pence breaking news overseas announcing the u.s. embassy will move to jirs -- jerusalem
next year. david lee miller is live in jerusalem with the latest there. >> this was an historic day. the u.s. vice president mike pence became the first v.p. to speak before israel's parliament and interrupted numerous times for applause and once by arab members of the parliament who held up signs declaring jerusalem is the capital of palestinian. the protestor lawmakers were forcibly removed from the chamber at the beginning of mr. pence's speech reaffirming the special relationship between israel and the united states and received a standing ovation when he revealed the details of when the u.s. embassy would be relocated from tel aviv to jerusalem. >> in the weeks ahead we'll open the united states embassy in jerusalem and that united
states embassy will open before the end of next year. [applause] >> the vice president spoke at length about iran, a country that has pledged itself to israel's destruction. mr. pence called the iranian regime the world's leading sponsor of terror and never allow iran to develop a nuclear weapon and the administration will no longer stick to the iran deal unless there are significant changes. >> the iran nuclear deal is a disaster and the united states of america will no longer certify this ill-conceived agreement. [applause] >> earlier in the day as you mentioned mr. pence met with the israeli prime minister benjamin netanyahu citing the position on jerusalem, refused -- a palestinian lawmaker said
the vice president's call for the u.s. to help broker a peace deal in the middle east was, and i quote, ridiculous adding that the u.s. is essentially undermining efforts here to bring peace and stability to the region. >> sandra: david lee miller live in jerusalem this morning. >> bill: back at home to our top story. federal government is shut down. one top republican lawmaker saying the white house carries part of the blame. this is what lindsey graham is saying. >> all i can say about the white house, their staff has been unreliable to work with on this issue. >> bill: he just got reaction from the white house on that comment. so as the senate gets ready for a key test vote that will show where we are today florida senator marco rubio is here live coming up in a moment. >> sandra: guess who is back? tom brady and the new england patriots punching their ticket to super bowl 52.
add downy odor protect with 24-hour odor protection. downy and it's done. >> i don't think anybody can claim that the president wasn't actively engaged if trying to prevent the shutdown. he had bipartisan meetings all last week and met with mr. schumer one-on-one on friday. since the shutdown he has stepped back from those negotiations. we won't be held hostage. he shifted gears. he has gone from negotiating to running the government. >> bill: that was mick mulvaney from the white house. he had a lot to say, too. first government shutdown in four years enters day three. talks will resume 30 minutes from now. can they get to 60 votes for a vote around 12 noon to advance the issue? a bipartisan group of senators trying to hammer out a deal coming ahead of a major test vote going down at noon as expected. now do they have enough support? president trump tweeting this morning here it is.
democrats have shut down our government in the interest of the far-left base. they don't want to do it but with powerless. katie pavlich and mary anne marsh. good morning, monday. good day for a shutdown, right? i want to play a clip from mitch mcconnell over the weekend. this is the basis, the foundation for the debate that we're about to have. here is the senate majority leader. >> everyone has figured this out. this shutdown was a political miscalculation of great proportions. >> bill: mary anne, a political miscalculation. has this already backfired on the left? >> no, not at all. when you look at the polling it is clear republicans are paying a bigger price for it than democrats no matter what number you look at, it's an anti-incumbent movement and more republican incumbents than not. the bigger issue is trust.
the most fundamental is trust in negotiations. so far it's not just schumer and durbin and the democrats having trouble trusting what donald trump wants, it's mcconnell and graham and the republicans, too. it's hard to see how you can make a deal when one minute trump says one thing and two hours later kelly, miller, mulvaney and others say no, we want something different. >> bill: he kicked all those comments to the curb 30 minutes ago. i expect educatey to get that response. has it been a miscalculation of the political kind for chuck schumer? >> look, there are a lot of people in northern virginia who aren't going to work today because they are federal workers. the democrat senator is in charge of the state of virginia. we have an election coming up. democrats in red states will have to decide if this is worth it. chuck schumer from new york standing up for illegal immigrants over hundreds of millions of american citizens is really going to be the way
they want to calculate going into the election. the problem with democrats for eight years now in terms of losing elections is that they have decided not to put the interests of american voters first and gone over to special interests. they are certainly doing that now. we'll see how long the shutdown lasts. it isn't looking good for them. >> bill: three democrats in the states that voted with republicans the other day. you're right. we'll see how many that grows in terms of numbers. tom cotton addressed your very point, mary anne, on nbc yesterday the allegations you put on the table a moment ago. this is what he said about that. >> it is hard for the president or senate republicans to negotiate when the democrats sitting across the table don't get what they want they run out and they misrepresent what was a good-faith effort to listen and build trust, claim that some ridiculous deal was made and claim the president walked away from the deal and the media buys it hook, line and
sinker. >> that's rich. chuck schumer accepted donald trump's offer of $18 billion to build the wall. that was the deal. then two hours later kelly calls and says no, no, no, we need $33 billion to build the wall. and everyone is like what? come on. so how can you do a deal with any of these guys? cotton is as bad as the rest of them. the last point, wait, one last point. republicans four or five of them voted against the budget deal. that's another reason why. >> bill: i think it was three the other days. >> democrats are the ones bringing the immigration debate into the spending deal. for them to offer a half-baked deal on this by offering half of the funding the wall needs makes sure in the future the wall doesn't actually get built. unless you get the full thing it will never happen. republicans know that. they're calling the democrats' bluff. what the president has asked for and steven miller has asked for as lindsey graham has
criticized are basic things in terms of illegal immigration and reasonable things that the country and democrats have agreed with whether it's ending chain migration or building the wall. >> bill: i think there is a deal to the made out there. mary anne, how long does this last? do you put a day number on that? >> that vote at noon, no one can say right now whether that happens. it comes down to can you trust them? in 2013 senate passed an immigration bill. ryan never took it up in the house and he won't commit for running for reelection. tough call. >> i have friends working for the federal government. some have booked tickets to florida with a one-way ticket. they aren't planning to come back to work soon. >> bill: good seeing you on a monday. mary anne and katie. thanks for being here today. >> sandra: super bowl lii is set. in new england patriots are heading back thanks to tom
brady. this touchdown sealing the deal. history shows you can never count the pats out. they will face the philadelphia eagles. quarterback nick foles. the eagles lost to the patriots in 2005. >> it was in jacksonville. i was at that game. >> sandra: you were all over this yesterday. >> bill: i mean, if you are waking up in minneapolis today you're crest fallen. you had a great year and a great team and the super bowl is in your town and you didn't get there. nor the patriots to win without gronkowski i thought it was amazing. >> sandra: your pick is the pats to win? >> bill: can you give me a couple of days? i'll give you a couple of days. i think we have a great match-up between these two teams. >> sandra: it will be a good
one? >> bill: i think so. still have a big show ahead in "america's newsroom." we bring you white house press secretary sarah sanders. she is live in a moment. first marco rubio standing by and we'll talk about where things stand right now in congress. come on back right after this. >> the shutdown should stop today. and we'll soon have a vote that will allow us to do exactly that. i don't know why i didn't get screened a long time ago.
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>> when was the last time you saw 22 senators meeting day after day and the number of senators keeps growing with each meeting that we have. and each one of them is committed to getting to a solution. >> sandra: bipartisan group of senators will be meeting moments from now trying to hammer out a deal to end the
government shutdown. we're in day three. navigate the immigration roadblock that has been hit. the current goal is to have something set up until february 8th in hopes of working out a better deal by then. is that possible? joining me now republican senator from florida marco rubio. will you support this measure at noon today? >> of course. we need to reopen the government. we can't be dealing -- the best way to deal with the issues is reopen the government and work those issues out. on the immigration thing, i'm a little baffled by why we've gotten wrapped around the axle here. two things have to happen. on the one hand we need to secure our border. we need to build a wall and enforce our immigration laws. and sustainable and permanent way. it is a promise the president made that the vast majority of americans support. on the other hand, and the president agrees with us, too, we need to find some permanent status at a minimum for the people who are currently under daca. that's the deal. what has complicated it people come forward and say i want citizenship. republicans and even the
president has expressed an openness to only if you deal with chain migration. those issues can be negotiated out. the base is pretty easy to understand. you codify daca, not citizenship but codify the legalization and do the border and you do it in a way that's verified not where they can come back in two years and stop funding it. that's the core of any deal. what is complicated is all these other things people are trying to add in some i support. getting rid of the diversity lottery. but the core of the deal is in place and it can't be a product of a gang. >> sandra: if you all come to agreement at noon and there is enough votes to pass the procedural vote then ultimately to have the government reopen and stay open and funded through february 8th. is it even possible to hash out an immigration deal by then? >> i just described basically what that deal would look like at its minimum. a deal that codifies daca in exchange for a real wall, real
border enforcement and the way that will happen not in the way they can come back in a year and deny the funding. so the wall never happens. but the immigration reform on daca does. now, if you want to have a debate about additional things like citizenship you will have to have a debate about chain migration. if you want to add other things it has to be balanced. that's the core of any deal and minimum of what needs to happen. the president expressed a willingness to do it. it is important for democrats to understand nothing is going to happen unless we can figure out a way to permanently fund the wall and then enforcement that the president wants and the vast majority of americans and myself included support. i think if people can get realistic we can make progress quickly. it cannot be a product of a gang of four or five meeting people somewhere, putting a bill on floor and saying take it or leave it. i was part of an effort like that in 2013. others trying to do it now. this won't work. this is too critical to be the product of a small group and a
take it or leave it proposition. >> sandra: one of the president's most recent tweets, great to see how hard republicans are fighting four our military and safety at the border. the dems want illegal immigrants to pour into our nation unchecked. if stalemate continues republicans should go to 51% nuclear option and vote on real long term budget. no crs, continuing resolutions. is that something you agree on with the president? >> i don't agree with that because i think that it's possible -- we've seen it in the past in short order the democrats can be in the majority and with 51 votes pass all kinds of things that undo all the things we've just done. with 51 votes they could repeal the tax cuts. that said a lot of people will tell you the democrats will do that anyway. i hope it's not the case. look, the 60-vote threshold is not in a constitution. it is a rule and prerogative and a privilege of being in the senate. we have to be more judicious.
now the democrats are forcing 30 hours of debate on every nominee and you can say the republicans did some of the same things not long ago. if we continue to abuse these privileges and rights under our rules people will continue to question whether we can be trusted with them. >> sandra: with the president's tweet to yours, you are tweeting about china and how everything that's going on here is affecting what they are doing there. you tweeted while we spend our time attacking each other, #china systematically shaping the world to their benefit and our loss. you attach a link to a "washington post" article titled how china forces american companies to do its political bidding. what are you trying to say here? >> these are important debates but all around us there are historic shifts happening in the world's shape and china is driving all these things while we're arguing with each other sometimes about important things but sometimes about silly things. and i would add to that, that article is american companies
that had employees who had tweets about china that china didn't like. not only did these companies force the employees to take down their social media, they had to apologize for it and beg china to continue to allow them to operate in the country. you have american companies bending over backwards and apologizing sensoring what their employees say in american not to offend the chinese government. that's happening over and over again. >> sandra: a lot of huddles going on in washington now. you are part of these negotiations. thank you for your time this morning and we'll see how this day turns out. senator marco rubio, thank you. today is a huge day here at the fox news channel. the debut of our brand-new newsroom. bill is downstairs with the sneak peek. >> you will love this place and our viewers will get to know it well starting today. this is big for us. it's our future. in a moment you'll see us
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>> sandra: today is a big day years in the making for everyone here at fox news as we open up our brand-new state-of-the-art newsroom. bill hemmer is there now. >> bill: i want you to come down after the show. you will love this place. this is a new chapter for the fox news channel. none of it is possible without our chairman rupert murdoch. this was his vision. with me to do the honors jack abernathy co-president of fox news. suzanne scott president of programming. jay wallace and warren vander
veer. so you know, sandra, warren has been sleeping on a cot for six months, okay? must be an exciting day. >> it's great to have everybody working together and we made a great team and we've made a great newsroom for everybody. on time under budget. >> right on budget. right on budget. >> is that true? jay, for our viewers what do you hope they gain from this? >> i think this is about being number one in all phases of the game. we're bringing digital into the rest of what we do and what reimagining this work space is about. collaboration. >> talking like a new england patriots fan. >> bill: warren, it's your moment. go ahead and do the honors. got it. [applause] you will see 100 journalists in this room 24/7 and you will see the most modern television
newsroom in the entire world and today we are going to show you a little bit. come on back here. eventually we'll reveal it more as we go through. this is studio n as in news and to our viewers at home this will be the back drop you'll start to see very soon and our analysts and our reporters and our anchors will all come through here and such a beautiful space on 48th street with the windows as far as the eye can see. this is our way of taking the next step into the future and we can't wait for viewers to see it with us. crack the champagne, sandra, today is day number one. check it out. >> sandra: congratulations to everyone at fox news. bill, i'll take you up on the offer for a tour after the show today. back to our top story of the day, there is some breaking news out of washington right now. we're now hearing that noon procedural vote in the senate could be in jeopardy. lawmakers are trying to end is
stalemate and get the government back open and running again. all this as president trump calls out the democrats from the white house. we'll be live on capitol hill with all that plus white house press secretary sarah sanders will join us at the top of the hour live. >> mr. schumer needs to go back and take basic civics. it is up to congress to fund the government. not the president. only the democrats in the senate now hold the keys to opening the government. puts me at greater risk for heart attack or stroke. can one medicine help treat both blood sugar and cardiovascular risk? i asked my doctor. she told me about non-insulin victoza®. victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease, victoza® is also approved to lower the risk of major cv events such as heart attack, stroke, or death.
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them affordable coverage by impartially shopping highly rated insurers, offering over 70 policies. dad, you're coming, right? you promise? i promise. keep your promise. >> sandra: it is high noon on capitol hill. there is breaking news coming into "america's newsroom" right now as we're learning there could be a problem with a key test vote in the senate that was slated for just two hours from now at noon eastern time. welcome to a new hour of "america's newsroom." i'm sandra smith. you are back here fast. >> bill: how did it look? >> sandra: excellent. >> bill: it is a beautiful, beautiful place to work. >> sandra: what a space. all right. thanks for showing it to us. i expect the tour after the
show. >> bill: for sure. we lead the network in tours. senate majority leader mitch mcconnell to address the senate floor moments from now. president trump placing the blame squarely on democrats tweeting this today. democrats have shut down our government in the interests of the far-left base. they don't want to do it but are powerless. here is mick mulvaney last hour here on "america's newsroom." >> this government cannot open again until at least nine democrats support the measure. so it's entirely in their hands. i heard your lead-in where chuck schumer said only the president can open the government. he needs to take basic civics. it's up to the congress to fund the government. not the president. only the democrats in the senate hold the keys to opening the government. >> bill: mike emanuel back on the hill working on weekend. any sense they're closer to getting a deal to reopen government? >> not at the moment.
there are two dozen or so bipartisan senators working on an agreement and asking leader mcconnell for more time to see if they can come up with a deal. the senate majority whip gave us this update a short time ago. >> my hope is that senator schumer and senate democrats will realize this is not a hostage that they want to take, at least any longer. i hope that here today at noon we'll see them vote to join republicans to reopen the government and get back down to work. >> there was hope it would get hammered out last night. for many american families this is all getting very real. >> the families not just military but people non-essential, in defense contracting and federal workers will feel pain quickly starting today. yeah, i think if the lawmakers weren't getting paid they would feel the same pain and you wouldn't have this unnecessary shutdown. >> republican position is reopen the government and then they will talk immigration. >> bill: what are democrats
saying? how many votes do you think you can expect for that procedural vote at 12 noon? >> they should get a few more votes. a handful more but still need more to get to 60 votes to pass that procedural hurdle. democrats are holding out for a deal for daca, the children brought to this country illegally by their parents. >> we have had several conversations, talks will continue. but we have yet to reach an agreement on a path forward that would be acceptable for both sides. for that reason i object. >> that was late night last night and it delayed a vote on a three-week government funding extension until today. >> the truth is at this point there are a host of issues including immigration that need to be resolved and kicking the can down the road without some path forward does not make sense. >> warner is part of that bipartisan group of senators trying to reach an agreement. important to note that mcconnell is not going to agree to anything that will tie the hands of the house speaker or
the president. >> bill: thanks, following all. thank you.
>> sandra: joining us now is white house press secretary sarah sanders. a busy morning for the president and capitol hill. what can you tell us about the state of things at this moment ahead of that noon vote today? >> look, we're still hopeful the democrats will quit holding our military and military families and vulnerable children across this country hostage. pass the funding bill to move forward and have the conversation they want to have. there is legislation on the floor that they don't disagree with. it is absolutely mind-boggling that they can't figure out how to vote yes on something that they agree with across the board so that they can have the conversation they want to have. it doesn't seem like it takes a rocket scientist to figure it out. they are throwing a 2-year-old temper tantrum. hopefully they will get over that and move on and have the conversation on immigration reform after they reopen the
government. >> sandra: does the president have any assurances that the votes needed are there for this procedural vote at noon >> we're still working towards that. nothing final at this point. we'll continue pushing both republicans and especially pushing democrats to get on board, reopen our government, fully fund our government so that we can start focusing on things like that immigration reform conversation that they are desperate to have and so are we. we want a deal on daca. we want a deal on border security ending chain migration, ending the visa lottery system. these are things we also for the most part all agree on. it doesn't seem like it should be that hard. democrats have got to stop playing political games. the president has laid out very clearly what he wants to see and hopefully they will come to the table and we can start this process. >> sandra: clearly the president is blaming democrats for the reason we're here today, day three of this shutdown. who specifically does the president take issue with, sarah? >> look, i think it's any
democrat that is not voting to reopen our government. i think that effort is being led certainly by senator schumer but there are a number of other democrat senators that could have voted and didn't. there are a few that have, i think, shown some real courage and stepped up and done the right thing in supporting funding our government. but there are plenty that haven't and i think any one of them that isn't is part of the problem. >> sandra: lindsey graham we've been hearing from him through all this and he says the white house is partly to blame for this shutdown, sarah. and he is taking aim specifically at steven miller the white house senior policy advisor. listen to this. >> the reason we yanked these things back is because mr. miller -- i know he is passionate and an early supporter of the president but i'll tell you his view of immigration has never been in the mainstream of the senate and we'll never get there as long as we embrace concepts that cannot possibly get 60 votes. >> sandra: does the president
have a response to lindsey graham's words there on stephen miller? >> i think it's ridiculous when a united states senator is calling out an advisor to the president. this is the president's agenda. stephen miller is certainly part of that conversation, part of this process but he is advocating on behalf of the president. the things that have been laid out by this administration were dictated by the president and he is the one that wants to see these things. frankly, i think what is sad is that lindsey graham doesn't. i don't know why any united states senator wouldn't support border security, ending chain migration and ending the visa lottery system. it is almost appalling to me you have a senator that isn't stepping up and doing the right thing. we want to make a deal on daca, we want to do these things and the fact that he is not part of the conversation to help move that ball forward and is instead attacking individual members of the president's staff, i think shows the lengths at what they are going to blame people for their own
failures and i think it's time they stop playing political games, come to the table, get serious on do their jobs. >> sandra: the president has kept a low profile over the weekend. he invited chuck schumer to the white house for the meeting friday. we didn't see a lot of change come from that meeting. but he has laid somewhat low over the weekend. has the president -- would you say remained actively engaged in first trying to avoid the shutdown now that we're in it and trying to reopen the government? >> absolutely. the president has been incredibly engaged and talked to a number of members over the weekend. he has also had his staff working with members on both the house and senate side. and trying to advocate for reopening the government. look, i think what we saw on friday was the president attempt to try to work with chuck schumer. i think the disappointment there is that schumer showed he was not an honest broker in this process and that certainly is unfortunate.
this president has been working all weekend long, continuing to receive updates from his cabinet and his staff and managing the shutdown. frankly, we would love for our focus and the president's focus to be on having conversations about immigration reform but instead we're having to talk about how we manage and mitigate the damage that the democrats have done by imposing this shutdown on our country, on our military, on our country's most vulnerable children. hopefully they will stop playing these games. we'll get the government reopened today and then we can start having that conversation and a lot of the other serious conversations that americans hope that we can have because we aren't focused on the back and forth on the shutdown. >> sandra: we have some activity on the senate floor, sarah sanders, thank you so much for
your time this morning. a busy day. the vote coming at noon. >> bill: man has had a long weekend. mitch mcconnell. he just said a moment ago the noon vote will still stand. let's listen to the latest.
>> all of us want to make life better for the american people. bearing this in mind, i hope and intend that we can reach bipartisan solutions on issues such as military spending, immigration, and border security and disaster relief before the february 8th deadline. but yesterday evening, i restated my position that these negotiations can't last forever. should these issues not be resolved by the time the funding bill before us expires on february 8th, so long as the government remains open, so long as the government remains open, it would be my intention to take up legislation here in the senate that would address daca, border security, and
related issues as well as disaster relief, defense funding, healthcare, and other important matters. let me be clear. this immigration debate will have a level playing field at the outset, and an amendment process that is fair to all sides. this immigration debate will have a level playing field at the outset and an amendment process that is fair to all sides. and it would be my strong preference for the senate to consider a proposal that can actually be signed into law, a bipartisan group is already negotiating and i look forward to completion of its work. but it's abundantly clear the senate cannot make progress on any of these crucial matters until the government is reopened. we need to move forward and the
first step, the very first step is to end the shutdown. it's evident that this government shutdown is doing nothing, absolutely nothing, to generate bipartisan progress on the issues the american people care about. every day we spend arguing about keeping the lights on is another day we cannot spend negotiating daca or defense spending or any of our other shared priorities. so look, let's join together, put the filibuster behind us, and get back to work for the american people. >> bill: mitch mcconnell laying down what he is negotiating guaranteeing a debate and a vote on daca, we believe chuck schumer will follow him and want to hang on this for a moment here. level playing field. he said that repeatedly a day
after he said the following, everyone has this shutdown figured out. it is a political miscalculation of great proportions. we don't know the negotiations on daca but we presume it to be progressing at some level. the government now enters its third day of a shutdown. the only thing that will change this, sandra, is whether or not you can get the 60 votes in the senate to end all of this. and the first indication we have that they'll even vote on it will be 12 noon eastern time if that vote holds. >> sandra: cautious optimism from republicans but problems there with the noon vote. to go back to marco rubio's earlier point on this program saying let's first open the government, get the government back up and running and then continue these negotiations. that's kind of a problem. >> bill: 51 republicans in the senate but you need to get to 60. jeff flake and lindsey graham
had previously voted no. they'll now vote yes according to our producer on capitol hill. now the magic number is seven democrats that you would need to vote in favor. and there are at least four that live and work and serve around the washington, d.c. area that is likely affected the most by the shutdown. when you furlough federal workers you look at the people who live in northern virginia and maryland. all democrats. what is their status as of now? we don't know. >> sandra: we should clarify the vote coming at noon today as you've been referring to as a test vote on reopening the government. that is what is happening at noon eastern time. this vote is not a vote to reopen the government as many have been incorrectly characterizing it. it should -- we shouldn't describe it as that. it is a test vote. it will give us a good indication as to how things look down the road. >> bill: so often we don't see
this aspect of our government performing in realtime because we don't give it the coverage that perhaps maybe it deserves. but at the moment it certainly is deserved because we have to get things going yet again. there was a lot of falk over the weekend, sandra, about the senate giving an extension that would last about 2 1/2 weeks so you reopen the government, continue negotiations on daca, but even 2 1/2 weeks takes you to february 8th. we still in my view is not a great piece of time. >> sandra: not what paul ryan wanted. >> bill: for this congress to get it done. while that's happening susan collins from maine told peter doocy this morning this close to moving forward. let's see what he says now live. >> in order to win over democrats, it would go to the next cr.
>> i think he is right to say this is not a good thing to have the government shutdown. it's not the right way to get policy outcomes is to shut the government down. when we tried it, it didn't work well for us. so i think what you'll hear from the majority leader is a firmer commitment when it seems like it will matter. right now jeff flake and lindsey graham are with the majority leader who got 52 votes. there are some other democrats would like to get to yes. if mitch were a little firmer that we are going to move to immigration by february 8th if we don't get a solution it will be a process where everybody will be heard will make a big difference. but he has to be convinced it will matter to make that commitment. so if i were a democrat, i would go talk to my leader, schumer, and say if you can get the majority leader to be a little more specific, i am ready to open up the government and here is the question for all of us. what good does it do to open up
the government a lot but does it lead us to a solution? my goal is to create a process that gets us to yes on a bunch of issues, opening up the government is not winning. losing is keeping the government open. what is winning is finding a solution on daca, on military spending, on disaster, on your csrs, why i'm hopeful is i think we're close to opening up the government but we're also close to getting deals. >> what is the president's role here? have any of you heard from the president? >> whether or not this is enough for the democrats to come along will be determined by what conversations the two leaders have before the noon vote. if he can get firmer language i would encourage him to try to. if they can get language that they are comfortable with we'll have the government open. >> let me add one point. first of all, i do think it
would be helpful if the language were a little bit stronger because the level of tension is so high. but you have to remember that initially the majority leader was not talking about this issue. so he has moved the republican leader has moved to accommodate the concerns that have been raised. and i think that the democratic leader needs to give him credit for moving on the daca issue, but it would at the same time be helpful if senator mcconnell's language were stronger. >> senator flake, you were given an assurance. >> the same question. you both had side deals with mitch mcconnell for votes for things that haven't happened yet. how do you tell democrats to deal with a side promise from mitch mcconnell when yours haven't been addressed? >> i can say with my commitment it was to have a vote on
immigration by the end of january. we're getting close. this will miss it by a week. i can live with that. we have a shutdown that wants anticipated. so we are getting close on that. that's all i can say. >> the big change -- >> in my case obviously i was very disappointed that the commitment for vote by the end of the year was not kept but i'm optimistic that it is going to be kept. our negotiations with the house are going very, very well. and the deadline slipped but the policy is what is important. you have to remember that the individual mandate repeal does not go into effect until 2019. so we do have a little time here and i think the policy is more important. >> let's don't rewrite history. one of the reasons is our
democratic friends won't let us vote. obama had a white house and majority in a big majority in the house and 60 votes in the senate. we didn't do immigration. so you want to blame trump, fine. there is a history around here of people screwing up immigration on both sides. i would like to bring that history to a conclusion. so here is what i think. i think if the majority leader says stronger words about we will go to immigration, he will say that if it matters. so some democrats have to convince mitch mcconnell stronger language results in an outcome, as to susan's issue the reason we haven't put it on anything, there is nothing to put it on. my hope is that once we break the impasse on government funding -- excuse me opening up the government, things fall into place quickly. if there is a commitment by the majority leader that is firm to move to immigration he is telling the white house we want to work with the president and
something you can sign but we're moving forward. nobody is leading on immigration. everybody is telling you what they won't do. the president is here one day and there the next. i think he has to get hard about this and he knows what will work. i said before i think there are some people at the white house always pulling back. senator mcconnell is saying if nobody else leads, the senate will on february 8. once we start talking about immigration and voting on immigration we'll find 60 votes to make sure these daca recipients' lives are not ruined by march 5th and our soldiers in the fight will have what they need. i can't believe i'm saying this. rand paul is right. if you started a debate on the united states senate floor, you would get a result. here is what the majority leader is saying. work with me, democrats. we're going to start a process to get to yes maybe before february 8th but come february 8th the senate is going to lead and i think that is a huge step
forward. >> are you asking democrats just to trust you, bottom line? >> and mcconnell. >> this is a high profile promise right now if he makes it on floor to move ahead and proceed to a bill. i think democrats can hold him to that and so can we. >> i also don't think you are acknowledging the fact that we have had over the past few days 25 senators attending meetings right here in my office, republicans as well as democrats, all of whom are committed to getting to a solution. that is a powerful voting block in the senate and it includes republican members as well as democrats. >> when it comes to funding levels and parity the democrats are talking about how close are republicans to getting a deal
on the military -- who is to say we aren't going to -- >> the budget caps are very important, too. our military has told us over and over again that readiness is being affected and there is one thing that the military hates worse than a continuing resolution and that's a government shutdown. so the most important thing is that we get government to reopen and continue the negotiations on the budget caps which will give the military and some of our domestic programs like opioid funding the money that is needed. >> thank you, everyone. >> bill: they said a lot. whether or not it's enough to move things forward we wait and see. lindsey graham and the white house are in a bit of a tit-for-tat yet again. he is quite critical of stephen miller saying he was getting in
the way. to borrow a phrase, he think stephen miller is screwing things up. mick mulvaney last hour dismissed that entirely and threw the onus back to lindsey graham. >> sandra: the president basically retweeting a tweet from yesterday when he addressed the nuclear option. end the democrats' obstruction is what he typed just now. retweeting that tweet from yesterday great to see how hard republicans are fighting for our military. the dems want illegal immigrants to pour into our nation. if stalemate continues republicans should go to 51% nuclear option and vote on real long-term budget. no continuing resolutions. >> bill: things are moving. you don't know in which direction. marc short and mick mulvaney are knee deep in this stuff and he was on the senate side on capitol hill. it was marc short over the weekend who suggested the relationship between donald
trump and senator schumer is probably deteriorating is the phrase he used. that was not dismissed in our discussion with sarah sanders or mick mulvaney a short time ago. >> sandra: how does this all end? or begin for that matter? once you open the government, you have to continue the negotiations that big procedural vote will be happening at noon today. we're an hour and a half from now. i have to tell you i look at the markets for any signs of uncertainty. the markets were down earlier when they opened. now they're back up again. but barely up. 31 points. so a lot of anticipation, a lot of uncertainty as we head toward the procedural vote. >> bill: that's a yawn. on friday we were talking bit, too. seems like this is a mountain of a market and you will need a lot to move this thing. >> sandra: there is certainly no panic with what this market is seeing, transpire on capitol hill right now. >> bill: a lot of times you go to visuals on these, sandra. five years ago you had the world war ii memorial closed
down in washington, d.c. and had veterans flying in from all over the country. you want to develop some outrage, go ahead and shut down a memorial where a veteran has traveled all the way to washington to pay their respects and they made amends for that. but this has -- this white house has made it a point to suggest that they will manage this shutdown differently than we've seen before. a good example of that is that parks are open, monuments are not closed and mick mulvaney and his team at the white house, they are determined to cast this in a different light than we have seen in the past. >> sandra: as you were reading the papers this morning there were questions about the president's low profile that he has kept over the weekend as these negotiations continued. i spoke with sarah sanders and she said the president has been on the phone inside that white house as you said marc short the head of legislative affairs just entered the white house -- entered the senate, i should say. so this is by the minute at
this point. >> bill: and mitch mcconnell says reopen the government and then we'll start debating this on the floor of the senate with regard to immigration. it is a big lift. you want money to build better security at the border, you get a wall, fence, drones, more men and women power along the border. the immigration system the president has been adamant he wants to overhaul when it comes to chain migration and the visa lottery system. in exchange those 690,000 some odd dreamers living in the u.s. would not be threatened with some form of deportation. >> sandra: we really still have at this point no idea of the timing of the potential reopening of the government where it will go. you just heard from senator collins and lindsey graham saying majority leader has moved on daca. this issue needs to be -- they're calling on mitch mcconnell the leader to be more specific as we head towards that noon vote.
>> bill: that noon vote is a procedural vote, not a vote to reopen the government but to figure out whether they get 60 votes to reopen the government. we'll follow it for you. a quick break here. a lot more coming from the floor of the senate and chuck schumer is about to talk so we'll cover that for you and we'll see what this meeting with marc short from the white house yields or does not yield. get a break here. back in a moment. touch is how we communicate with those we love, but when your psoriasis is bad, does it ever get in the way? embrace the chance of 100% clear skin with taltz. taltz is proven to help people with moderate to severe psoriasis achieve completely clear skin. with taltz, up to 90% of patients had a significant improvement of their psoriasis plaques. in fact, 4 out of 10 even achieved completely clear skin. don't use if you're allergic to taltz.
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>> bill: waiting for senate minority leader chuck schumer to speak on the floor of the senate moments after mitch mcconnell said a key test votes will happen with or without clear support from democrats. watch that now. they need to get to 60. all this as negotiations continue behind closed down along with a finger pointing or two. a lot over the weekend. a little sample of what we've been listening to so far in our
program this morning. >> i can tell you that the direction from the very top from the president is for each cabinet secretary to do everything possible to keep as much of the government open as possible. this will be a different shutdown than you saw in 2013. >> if people get realistic we can make progress. it can't be a gang of four or five people meeting and putting a bill on the floor and saying take it or leave it. >> we want a deal on daca and border security, ending chain migration and the visa lottery system. these are things we all agree on. it doesn't seem like it should be that hard. democrats have to stop playing political games. >> bill: all that from the past 90 minutes. lisa boothe, fox news contributor. good morning to you. marjorie clifton, former consultant to the obama team and principal of clifton consulting. don't know what chuck schumer will say. maybe they have something going, maybe not. lisa, what is the state of play now at this hour?
>> i think senator chuck schumer and democrats have the weaker hand here. they are shutting the government down for something unrelated to spending and have until march to address and congress has been trying to deal with for decades now. their stance is ridiculous and president trump and senator mitch mcconnell should not cave to democrats' demands. daca should have nothing to do with keeping the government open and funding for our military as well as vulnerable children with the chip funding. >> bill: okay. marjorie, from your view in austin, texas, what does it look like there? >> it's sunny, that's good. i think right now what i do see that is promising is what mitch mcconnell came forward with, which has some bipartisan support. what you do see, you have a group of 20 senators who have come together both republicans and democrats to look for a path. that path is a promise by mitch mcconnell by february 8th if we
can reopen the government by february 8th there will be an agreement on immigration reform. now it's a trust war. >> bill: what he said there will be a fair debate. i didn't hear him say there would be an agreement. >> there would be a debate on floor. what we're looking for is people coming to the table. what you're seeing by both progressive democrats and conservative republicans an unwillingness to even have a conversation. for all americans. >> bill: that's not entirely true. marjorie, they appear to be negotiating and what we're told is good faith in private bipartisan meetings. do you doubt that? >> the statement alone saying that democrats are shutting down the government and not willing to come to the table to have a conversation. >> that's what's happening? >> in the same way democrats are saying that we're not willing to talk about this unless. none of that is productive. i think right now we're finding
ourselves in what a lot of people see. you have republicans saying this, too. daca has to be addressed. >> here is the thing, though. they have until march to figure out. they are shutting the government down. they don't have legislative text on a daca deal to vote on. they're essentially shutting the government down on an issue until they have march to deal with that has nothing to do with keeping the government open which is right in front of congress right now. if i was president trump and senator mitch mcconnell, i wouldn't give democrats any ground on this issue because if so, they'll continue to use this moving forward whether it's a debt ceiling increase, etc., etc. if i was president trump and majority leader mitch mcconnell you look at polling from cnn. 56% of americans don't think that democrats -- that they should be shutting the government down for daca. so you have the majority of americans on your side on this issue. >> bill: two specific
questions, one at a time here, too. lisa, do you think the atmosphere is ripe for a deal on immigration? deal on daca so you get your border security, your changes in immigration, okay, senate just went into recess. we won't see chuck schumer, hang onto that. we expect a vote at noon eastern time. do you think the atmosphere is capable to get a deal between the dreamers and border security and changes in the immigration system, yes or no? >> in theory, bill. again, this is something that congress and different administrations have again trying to get done for decades. in theory people would like to strike some sort of deal. what it comes down to is the details. that's why congress for decades now has had so much problems and so much difficulty coming up with a deal. >> bill: you aren't sold on the possibility. >> i'm not sold. >> bill: marjorie, do you see an environment ripe for a big
deal like that? >> well, what i've seen is that through every administration i guess since bush senior we've seen government shutdowns that have been a result of one party or the other holding the other hostage to have a conversation. budgets are what are used to wield power in congress. i think now we have to. i think immigration is something we cannot avoid. yes, it's been something that has been visited over time. >> bill: if you are going to get it, you'll have to give $18 billion for border security and have to sign off on changes in the immigration system, and do you think this democratic leadership is ready for that? >> well, i think that schumer came to the white house willing to strike a deal and that in itself is a good sign. and i think that it will be painful no matter on either side of the aisle there will be concessions made, that's part of deal making. and so i hope -- i will just say i hope. i think the white house isn't making it easy for republicans
because there are differing opinions about what the debate should be about. there is concession. i hope so is what i'll say. >> bill: this is coming out loud and clear over the weekend. lisa, i'll begin with you on this. did democrats miscalculate? the point that was made repeatedly is you have 320 million americans paying taxes and democrats are debating the future of those who came here perhaps no fault of their own but are living here illegally. now, who wins a political debate such as that? >> nobody wins. americans are the ones that are losing as a result. ultimately as i stated before, i think president trump and mitch mcconnell have the upper hand in this debate because what they want to discuss are budgetary issues or the spending issues to keep the federal government open and running. democrats and some republicans want to debate daca, a
completely unrelated issue. i think when you look at that completely objectively president trump and mitch mcconnell are in the right here. >> bill: quick answer, did democrats miscalculate on this shutdown? >> i don't think so. it's the only power they had. immigration is tough. there is a question of do we piecemeal it. do we deal with daca, or force the hand of doing a comprehensive tackling all aspects of it? they couldn't do it under obama. they did healthcare instead. now is the chance and i guess we'll see. those latinos are voters and care about this and there are a lot of non-latinos who care about this, too. i think it will speak loudly in the mid-terms. >> bill: the senate went back in recess. thank you lisa and marjorie, appreciate your time. >> sandra: bombshell, newly
released text suggest former attorney general loretta lynch knew that hillary clinton would not be charged before her interview with the f.b.i. chief intelligence correspondent catherine herridge is live in washington on this for us. what can you tell us about these text messages? >> good morning. according to the letter from ron johnson, the senator, five months of text messages are missing from right after the election, december 2016, until may when the special counsel was appointed to the russia case. congressional source questioned whether the missing messages between peter strzok and f.b.i. lawyer lisa page amount to obstructing a congressional probe or in the worst case the f.b.i.'s failure to preserve the text has the same impact as destroying evidence. the f.b.i. said in that letter a technical problem was responsible. the senate letter also alleges
that texts from july 2016 suggest there may have been coordination and then attorney general loretta lynch knew in advance the f.b.i. would recommend against criminal charges in the clinton email case. strzok tells page who he was having an affair that the july timing of the announcement looks like hell even choreographed and page response lynch is a profile in courage because she knew the outcome and undercut the july 2016 statement from then f.b.i. director james comey who said publicly no one was told in advance of his decision not to recommend prosecution. >> i have not coordinated this statement or reviewed it in any way with the department of justice or any other part of the government. they do not know what i am about to say. >> a lot of details here, the bottom line for folks at home is that there really is a growing body of evidence that there was a special set of rules that were applied to the clinton email case and not the
standard rules that would apply in a criminal investigation, sandra. >> sandra: story we're and will continue to follow closely. thank you. >> bill: another big story now. explosive surveillance memo allege abuses of power from the f.b.i. and d.o.j.. top republican lawmakers including house intel committee chair devin nunes weighing in on whether or not to make the details public. is it legal or even a good idea? judge napolitano will answer those questions and a lot more next on deck here. let's take a look at some numbers:
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>> bill: overseas over the weekend fox news alert 40 people are dead after an attack at the intercontinental hotel kabul, afghanistan on saturday. the taliban claiming responsibility. authorities saying six attackers armed with rifles and explosives stormed the hotel and held guests under siege for 13 hours. the gunmen were later killed by
special forces. islamic militants targeted this hotel. most of the guests are foreigners, no americans reported injured or killed in this incident but there are many questions about this being an inside job in afghan capital. more on that when we get it here. >> sandra: a trio or republican health lawmakers met to discuss the next steps in a controversial memo outlining alleged surveillance abuse by the f.b.i. and the department of justice. devin nunes who chairs the house intelligence committee meeting with gowdy and goodlatte. >> we're encouraging members to come down and read the document and chairman gowdy, goodlatte and i are trying to come up with a way forward. thank you. if the committee votes it could be released. >> sandra: judge napolitano is a fox news senior judicial
analyst joining me now. >> everybody wants to see the memo. everybody who is concerned about government abuse of power. we want to see the raw data from which the memo was extracted. and we want to know why the house intelligence committee sat on this explosive material. only 12 people in the congress knew about it while the other 520 members of congress were voting to reauthorize and give the nsa more power under fisa. >> sandra: the timing is unbelievable. >> timing is outrageous, either incompetence or misconduct in office that anybody could have sat on this, not shared it with their colleagues until after the vote and after president trump signed the fisa extension into law. the fisa extension gives the nsa, national security agency, and the f.b.i.'s intelligence division more spying authority than existed beforehand. under the old rules they're
complaining about abuse. they don't reveal the abuse until after the vote to give them more surveillance authority. it is a head scratcher and frustrating. >> sandra: here are two republican lawmakers talking about how alarming they see this. >> this memo must become public. that it alarms us greatly and that i believe that the consequence of its release will be major changes in people currently working at the f.b.i. and department of justice. >> four pages you knew as soon as you read them and you think about is this happening in america or is this the kgb? >> that's very incendiary that is this america or is this the old kgb? what the heck is in there and why do they know it and the rest of us don't? >> sandra: is it legal to release this memo? >> it is legal to release it if the house intelligence committee votes to release it.
it seems as though there will be tremendous pressure to do so. if it doesn't, i'm suggesting that one of those members of congress who you just ran on the screen should take this to the floor of the house of representatives and release it there because the constitution protects anything that is said there. senator feinstein did it with torture memos. the public is entitled to know. we put the constitution in the hands of people to protect it and they have abused that power. we need to know who the abusers were and what they did. >> sandra: as far as what's in the memo, the header, what is in the memo four pages drafted by republicans drew out of russia investigation, surveillance of u.s. citizens. trump dossier. my question to you now is clearly not being able to see the memo yet, can we start to talk about potential consequences? >> it is tough to do that, sandra, without seeing the memo.
last thursday in about an hour's time i devoured the 165 page transcript of that same committee, the house intelligence committee interrogating glenn simpson, former "wall street journal" reporter now the head of fusion gps who hired christopher steele, the former british spy to prepare the dossier. the allegations are incendiary. >> if congressman gates is correct it will be incendiary. it might cost people their jobs. >> sandra: matt gaetz and scott perry making the push for this. devin nunes from what we just heard. >> i don't know why he is
hesitating and i wish he would release it. the government works for us. we're entitled to know when there have been abuses that affect our freedoms. >> sandra: the way you described the behavior of the leadership of the house intelligence committee was not very nice. you did not have wonderful things to say. >> i am frustrated that they were aware of this and did not share it with the rest of the house and with the senate until after they voted to extend fisa and after president trump signed fisa into law. it is too late to undo that now. what the votes have been different? even if the votes wouldn't have been different, members of congress, house and senate are entitled to know these things so that their votes are more informed. >> sandra: what the american people must be thinking as we talk about this, judge. >> bill: right. >> sandra: thanks for being here. >> bill: interesting stuff. big day on the hill right now as of now the senate is in recess until 11:30 eastern time. 40 minutes from now.
after that time senator mcconnell saying they'll have a -- what they consider a test vote at 12 noon eastern so that will show us where things stand in washington on the shutdown. we'll continue to watch all of it for you and bring you everything that we learn. >> sandra: that's just about 40 minutes from now. plus a manhunt in florida after two homemade bombs go off inside a mall. we have a live report on that next. >> it's very concerning when you think about it. people here shopping, just enjoying a sunday afternoon or evening with their family and literally boom.
minutes. we're live on capitol hill. plus the tsa stepping up security after new concerns terrorists are trying to plant a bomb on an inbound flight and tell you what the feds are doing to try to keep us all safe. horrifying new information on the california couple charged with torturing their 13 children. why police are planning a search with cadaver dogs at the top of the hour, "happening now." >> sandra: transportation security administration announcing six air carriers from middle eastern countries must participate in enhanced cargo screening. royal jordan airlines and egyptian air. most are already voluntarily complying with the enhanced cargo screenings. >> bill: in florida they're looking for a suspect detonating two pipe bombs in the corridor of a shopping mall this weekend. 60 miles east and south of tampa. no one injured. the explosion caused some damage to the building. phil keating is on that story
live in miami. what happened here, phil? good morning. >> good morning, bill. investigators on the case are still in an internal meeting that began at 10:00 a.m. 45 minutes in. so we don't have the absolute latest now 16 hours after this incident went down. we can tell you that nobody has been arrested. there are no named suspects, no arrests and very importantly terrorism is not suspected. nobody was injured late sunday afternoon at the eagle ridge mall in lake wales, florida. firefighters responded at 5:30 p.m. after a smoke alarm went off from two improvised explosive devices found next to the mall entrance used for deliveries, not by the public. police describe each as a flair placed inside of a plastic pipe and ignited happening late sunday afternoon in central florida in between tampa and orlando south of the i-4 corridor. the eagle ridge mall features a
dillard's, j.c. penney's and a regal movie theater. >> it is not an act of terrorism as this point but the f.b.i. has been notified. >> investigators found a backpack at the scene and possible descriptions of any persons of interest were all pretty vague. the dropped ceiling above the hallway and wall were damaged and about 100 people or so at the mall shopping and dining at the time of the incident. everyone was immediately evacuated. again, no one arrested as of yet. they are certainly on the lookout for this suspect but certainly a very unnerving end to this weekend, bill. >> bill: no doubt. more on that when we get it. thank you. >> sandra: lots of talk but will we see any action to end this government shutdown? majority leader mitch mcconnell says a key test vote to end the shutdown will happen. we're live on capitol hill with the latest.
>> keeping track of when the vote is coming. >> chris wallace said this shutdown could last a while. >> he took the over. >> we'll see what happens at noon. i'll see you on "outnumbered". "happening now" starts right now. >> jon: fox news alert as we await a key vote in the shutdown showdown. i'm jon scott. >> melissa: it is monday. you had to remind us. >> jon: could be a long week, too. >> melissa: i'm melissa francis. lawmakers could soon hold the first vote on a funding bill to open up the government and keep it running until february. democrats and republicans negotiated over the weekend. failed to come up with an agreement. with the sticking point centering on the deal to protect the dreamers and all this comes on the first full workday of the shutdown. >> you are seeing furloughed workers across america today and troops not getting