tv Americas Newsroom With Bill Hemmer and Sandra Smith FOX News November 15, 2018 6:00am-9:00am PST
mother. >> i know. we're so happy for you, kelly. we love you. she has the best personality and laugh in the business. >> now the easy part, raising her. >> be back here tomorrow. >> sandra: fox news alert out of california. a deadly and devastating situation getting worse as we're learning 59 people have been killed by wildfires across the state. good morning, everyone, i'm sandra smith live inside "america's newsroom." >> jon: i'm jon scott. brand-new video showing the sheer scope of the damage from the camp fire, the most destructive in california history. that fire larger than the city of atlanta as it burns entire communities off the map. >> sandra: the flames consuming 8,000 homes, trapping untold numbers of people whose relatives now can't reach them. emergency officials facing a grim task. >> today we brought in an
additional 287 search and rescue personnel to assist with ground searches. we've also begun to use cadaver dogs. at this point we have 22 here working with these teams in an effort to locate remains. >> sandra: fires have burned many homes. 9,000 firefighters are on the front lines. >> firefighters in southern california starting to get a better handle on the fires burning here in this area, the woolsey fire as the winds begin to die down. the damages remain far and wide as we see from the homes behind me, burned to the ground and the devastation worse in northern california in the town of paradise, california where the camp fire has burned close to 140,000 acres. the death toll climbing to 56.
that number could only rise as more than 100 remain unaccounted for. the secretary of the interior ryan zinke toured some of the worst spots with governor jerry brown and it reminded him when he was on tours in iraq. >> in the case of california i've been here four times this year on fires that are all devastating. however, this is the most devastating fire i have ever seen in my lifetime. >> further south here in los angeles and ventura county, the woolsey fire has likely claimed its third victim with authorities confirming they found the remains of a person near and around a burned-out house. this fire burning close to 100,000 acres but now contained at more than 50%. we are starting to see people being allowed to return to their homes, particularly here in malibu. not in this neighborhood because it's too dangerous. there are still power lines down and crews are working
around the clock to restore some of those services to make it safe. >> jon: jeff paul live from malibu with a terrible story, jeff, thank you. >> sandra: meanwhile, it is deadline day in florida for the recount currently underway. 67 counties expected to turn in results by 3:00 p.m. eastern time. but the question is will they all get the work done? broward county appears to be on track to meet the deadline. amid all the chaos lawsuits are piling up. we have fox team coverage for you, chris stirewalt is here with analysis. we begin to peter doocy live in florida with an update. how were thousands of ballots impacted by a federal court this morning? >> sandra, thousands of ballots that had been tossed out might have been tossed out unconstitutionally according to a federal judge who ruled this morning that voters should have two more days to come and fix their ballot if they've been told by officials that the signature on the ballot doesn't
match the signature on the files. the lawyer for incumbent democratic senator bill nelson has a statement out. breaking, big victory in florida signature mismatch lawsuit. extends deadline for voters until saturday at 5:00 p.m. disenfranchisement of 5,000 voters based on signature mismatch is a burden. the rick scott team is trying to go over the judge's head and have it reversed. a spokesperson said this. we're immediately appealing this baseless decision and confident we'll appeal in the 11th circuit. bill nelson's high priced washington lawyers went to argue against a process they previously argued for. all the ballots were supposed to be counted in florida by 3:00 today before a decision would be made about a possible hand recount in the really, really close races. it looks like that deadline will be a problem in some places. >> sandra: peter, how badly were some of these counties
struggling with their voting machines overheating, breaking down, what do we know? >> huge problem up in palm beach county about 45 minutes north of here where the recount has been at the mercy of the voting machine repairman. >> the machines overheated. they didn't properly reconcile the ballot count and we had to pull the early voting ballot count out and recount them. >> so again we're speaking softly because the canvassing board is here but they are on a recess right now and we're again watching the clock waiting for 3:00 to see what happens. >> sandra: today is the deadline. thank you. >> jon: for more on this we go to chris stirewalt fox news politics editor. where is the maytag man when you need him? >> i think we should point out we have a problem. peter doocy is going to be drafted by the golf channel.
his green side whisper is very good. he has a perfect green side whisper. broward county lining up the election. >> jon: serious stuff here, the 3:00 p.m. deadline and we'll know who represents florida in the u.s. senate and in the governor's office, right? or will we? >> we talk about low probability events forecasting elections and call races and we'll do things like that. we talk about probabilities. the probability that rick scott's victory will be overturned in a recount is shockingly low. it is incredibly low. this is a super low probability event as we've talked about before. the only two significant elections in which the result was overturned by recount were both margins of less than 300 votes. we're talking here about more than 12,000 votes. the idea this will get overturned is pretty farfetched but, of course, there is also
the fact that this is a dry run for 2020. florida, which likes to have very close elections, as we know, landslide rick scott has won by a point or so in each of his governor wins. now he will end up winning by a half point or less than half a point. it is narrow margins. in 2020 we expect in the sunshine state, just as it was in 2016, to be very, very close. >> jon: the president is tweeting about this as he is known to do. this is regarding brenda snipes. she is the supervisor of elections in broward county. he writes, you look at her past, she is a disaster. this woman is very competent but in a bad way is what he told the daily caller. it doesn't seem like she is going to be holding onto her job long after this election. >> we should point out there is no evidence of what the
president is saying. there is certainly evidence of incompetence and evidence that she is not good at what she does but there is zero evidence that there is fraud involved here. trust me if the republicans could demonstrate fraud they would demonstrate it. the president is making stuff up because this process actually works well for both parties. this is a good opportunity to fundraise, a good opportunity to demonize the other side. the outcome is barely in doubt. normal people, humane people would watch the process work and say we'll get to the end and we probably won't be surprised by what we find out. for partisans who want to fear monger and increase fundraising this is a great opportunity to demonize the other side. >> jon: georgia, where does that stand? >> talk about fear mongering and demonizing the other side. this has been a free lunch for stacey abrams as she has -- not only is she not close to
winning, she is not close to forcing brian kemp into a recount and hanging on there and talking about it because it's good for her. it works for her to diminish the process. brian kemp should have recused himself as secretary of state long ago. he did it wrong and reasonably raised doubts about the process in georgia. that having been said, stacey abrams is milking this because it's good for her and her future and for fundraising for democrats in georgia. >> jon: we do know that democrats are going to be running the house of representatives this time around. who will be running the democrats? nancy pelosi wants to be speaker again. she is getting some opposition. i would think it will be an awfully cold couple years for those democrats who oppose her. >> well now there are some who really oppose here and some who just want to get paid off. some who are expressing some reservation and opposition and she is going to come and coo at them and say wait, a better
committee position. this is the horse trading phase of this. i expect she will win. no one who has stood up. marsha fudge from the cleveland area said they'll think about it but that's as close as it comes to anybody running against her. you can't beat somebody with nobody. >> jon: interesting to see what happens. she is obviously very good at counting votes and twisting arms. mr. stirewalt, good to see you. thanks very much. we'll have much more on nancy pelosi's campaign to become house speaker once again. california congressman eric swalwell joins us a little later in the hour. >> sandra: we look forward to that. bold new action taken in the case of murdered columnist jamal khashoggi. saudi arabia calling for the death penalty against five suspects in the case. >> jon: jeff flake threatens to
vote against judicial nominees unless he gets his way on special counsel robert mueller. john barrasso is here to talk about that. >> sandra: as nancy pelosi deals with a leadership battle in her own party, house republicans closing ranks and coming together in their elections. >> we serve in a divided government and a divided country. our goal is to unite us back together again. our second goal would be make sure we win the majority back. tg savings for over 75 years. that's longer than the buffalo wing's been around. dozen wings. and did you know that geico... (lips smacking) offers mo... (coughing) motorcycle insurance? ho-ho... my lips are burning. (laughs) ah... no, my lips are actually burning. geico. over 75 years of savings and service. see how much you could save at geico.com. it's too hot. oh, this is too hot, mate.
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>> we'll take a back seat to no one. neither me or anybody on the leadership team when it comes to doing what's right for america's women and minorities and understands the policies we put in place are the ones people care deeply about. as a mother of five i'm honored to be here and serve. >> jon: steve scalise of louisiana who was injured in the baseball practice shooting won reelection to the number two spot as gop whip. >> sandra: in the senate side arizona senator jeff flake threatening to vote against president trump's judicial nominees unless mitch mcconnell puts forth a bill protecting rtoofor a vote. lindsey graham it's much to do about nothing and counterproductive. >> this is a manufactured problem. president trump will not fire
mueller. we need conservative judges on the bench as many as
we can. >> sandra: john barrasso, the newly elected chairman of the senate republican conference joins us now. congratulations on the new role and on we go. looking at the priorities of this congress and looking at the priorities for republicans. jeff flake in a pretty dramatic move here. how do you respond to this threat? >> well first congratulations to liz cheney on being elected the conference chair in the house. i'll be the conference chair in the senate. it's a big day for wyoming. with regard to senator flake we're going to fulfill our constitutional responsibility confirming judges, confirming members of the president's team. we'll do that with or without jeff flake. this seems to be his go-to play right now threatening judges. he did it this past summer on tariffs and trade. now he is doing it in terms of the issue of special counsel. there is no threat to the special counsel. we are going to get these
judges confirmed. >> sandra: here is jeff flake in his
own words. >> with the firing of the attorney general and in my view the improper installation of an acting attorney general who has not been subject to confirmation by this body, the president now has this investigation in his sights and we all know it. >> sandra: contrast that with the words of president trump today in a series of tweets writing the inner workings of the mueller investigation are a mess. no collusion and have gone nuts. they're screaming and shouting at people and horribly threatening people. a disgrace to our nation and don't care how many lives they ruin. they're angry people including bob mueller who worked for obama for eight years. they won't even look at all the bad acts and crimes on the other side. a total witch hunt like no other in american history. are you confident, senator barrasso, like lindsey graham is, that mueller will be
allowed to continue his role and will continue to carry out his job? >> i believe that he will and i think he ought to get it wrapped up pretty quickly. this has been going on for quite a long period of time and now you see chuck schumer threatening a shutdown of the government over this. this isn't what the american people want. the american people want results, they want action. they want a strong and healthy economy. so i have great confidence that this investigation will come to a conclusion. i hope it does quickly. >> sandra: with your newly-elected position, what is the future of the house and the senate? is anything going to get done here, senator? >> i'm someone that wants to legislate. we just did big bipartisan legislation, the america's water infrastructure act, opioid legislation, did multiple veteran administration issues. solved many things there. if nancy pelosi and the democrats in the house want to basically spend all their time
investigating and subpoenaing the administration they won't get cooperation from us. the american people want us to work together, get results and solutions, lasting solutions to make lives better for people at home. that's what i'm committed to doing. >> sandra: you mentioned nancy pelosi the 17 democrats vowing to vote no for pelosi's speakership. do you see her becoming the next speaker? >> i don't know how they'll make their decisions over there. i know i'm willing to work with people on either side of the aisle in the best interest of the american people to continue to move the country ahead. i think the last two years under the -- under president trump and republicans in the house and senate working together in a bipartisan way have been the most -- the economy is growing and stronger and healthier. we have one of the lowest unemployment rates in 50 years,
consumer confidence at an all-time high and gotten rid of burdensome regulations from previous administrations to unleash american know how and energy. i think it's a very good day and good future ahead for the country. >> sandra: that was all done under a republican-controlled house and senate. what happens now with split congress? final thoughts from you a few seconds left. priority for you. >> priorities for me is to twork in a bipartisan way to move the country ahead to strengthen the economy more. more people working. better jobs, higher wages and basically keeping this country safe and strong and free. >> sandra: senator barrasso, thank you for your time this morning, sir. nice to have you on the program. >> jon: he is best known as the attorney for stormy daniels as well as one of the kavanaugh accusers. now michael avenatti himself is facing a charge of domestic violence. why he says he will be exonerated. details on that straight ahead. >> sandra: plus a storm smacking parts of the country
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>> sandra: we're about to get hit with a winter storm in new york city. cold weather affecting southern states as well. snow falling in arkansas, mississippi, even tennessee. 25 million people facing flood warnings in the states of georgia and virginia. one effect of the frigid weather is ice. there are several injured on interstate 269 with a bus accident. the bus originated in
huntsville. sometimes that first snowfall people and prepared and strategy can strike. >> jon: eptionly in the south. it's rare to see that kind of snowfall this early in the season. >> sandra: all over the south. >> jon: you feel for the people affected by this kind of thing and it's making its way here. the attorney for stormy daniels is out on bail this morning. michael avenatti charged with domestic violence. the lapd confirms his arrest after an incident at an apartment with an unidentified woman and he denies the accusations. >> i have never struck a woman. i never will strike a woman. i have been an advocate for women's rights my entire career and i will continue to be an advocate. >> jon: jonathan hunt is live in los angeles. that's a pretty strong statement from michael avenatti right there. >> he certainly seemed pretty angry as he left court last
night, jon. it was a short, sharp statement from a man known for sharp suits and perhaps even sharper elbows. he was released on $50,000 bail and he claimed this was all part of an attempt to intimidate him and besmirk his reputation. he also referenced his two daughters saying this, listen here. >> i would never disrespect them by touching a woman inappropriately or striking a woman. i am looking forward to a full investigation at which point i am confident that i will be fully exonerated. i also want to thank everyone for their support that has reached out. you know my character, you know me as a man, and i appreciate it. >> now the incident allegedly happened at the apartment building in the century city neighborhood of l.a. where
avenatti lives. his estranged wife said that she was not involved. his first wife put out a tweet also supporting avenatti saying that he had never been abusive to her or her two daughters and that he is, quote, a good man. the lapd says there were visible injuries to the alleged victim, jon. >> jon: for those who need a refresher we know avenatti because of stormy daniels. >> that is certainly how michael avenatti became famous representing daniels. of course, she is the porn actress who alleges that she had an affair with president trump in 2006. she sued to invalidate the confidentiality agreement she signed just before the 2016 presidential election that prevents her from discussing it, of course. she has also sued trump and his personal attorney, michael cohen. >> jon: keep us updated.
thank you. >> sandra: meanwhile, it is deadline day in florida as election officials from 67 counties race the clock to get their work done in time. as several lawsuits make things even more complicated. we will speak to one of the attorneys on the ground. >> jon: plus hundreds of illegal immigrants have already reached the u.s. border with mexico as the immigration crisis there deepens. we will be live from tijuana. >> you know what your mission is here. you have had to deploy on short notice to a non-traditional location. focus on doing your jobs.
been a volatile market the last few days. >> sandra: the dow dipping below 25,000 now. almost 200 point drop out of the gate two minutes into trading. a lot of weakness coming from the technology sector, amazon and facebook some leading the broader u.s. stock market moment lower at this moment. next hour we'll have some talk about facebook. technology weak in the market this morning. another big story today. hundreds of illegal immigrants from central america have reached tijuana. the bulk of the caravan still appears to be very far from the border. three different caravans making their way through mexico right now. defense secretary james mattis traveling to texas yesterday where thousands of u.s. troops are posted at the border to help deal with the caravans. >> secretary decided her border patrol needed help. she came to us not because of
me, because of you and what you are every day. that's what i miss being around it. it is pretty humbling to be still part of you. i did it for 40-some years. >> sandra: 5800 active duty troops have been deployed to the border and mattis did not rule out more. >> jon: the recount in florida reaches a pivotal point as all 67 counties face a deadline today at 3:00 p.m. eastern. florida attorney general pam bondi asking the public to share any evidence of voter irregularities as the lawsuits pile up. >> it's a pending criminal investigation. we've opened a hotline. folks can call in if they have information. i laid out in my letter why we believe there is plenty of reasonable suspicion for criminal activity and that investigation will continue. >> jon: the florida department of law enforcement is what she referenced there. peter dunbar is counsel to the
republican party of florida. we're 5 1/2 hours away from that deadline. how confident are you? >> well jon, good morning. i think confidence is -- if you look at the process that is unfolding, which by the way is pretty traditional in florida, and the global scope of what the judge has in terms of ballots being considered, there is not enough that would change the results as we know them to be. so i think confidence would be the right word to use at this point. >> jon: so you believe that ron desantis will be the next governor of florida and rick scott will leave the governor's office to head to the u.s. senate? >> that's -- if you look -- yes, the answer is but if you look at the ballots that are at issue. it is important that all the ballots be counted. that the results might modify in small numbers but there aren't enough at issue to make a change in either of those two races.
>> jon: one of the concerns expressed is that ballots that did not come in before the deadline, there are attempts to include them. should that be allowed in your view? >> well, there is a process in florida to deal with those and if they meet the proper standards for the canvassing boards they could be included. even if you look at all of those that are at issue, there are not enough in place at issue to make a change in either of those two races, jon. >> jon: the scott campaign is out with a statement and i want to read part of it for you here. they write let's be clear, bill nelson's high-priced washington lawyers went to court to argue against a process that they previously argued for. it is worth noting that marki elias, is currently making the exact opposite argument in a similar case in arizona. explain that for us. they're arguing against a process they argued for?
>> yes. after the last elections in 2016, florida's legislature oddly enough sponsored by the democratic leader of the florida house was put in place to allow this curative process for our provisional ballots. that's now what is being attacked by the democratic national senate campaign committee. so there is a degree of irony that which was brought about to expand our process to allow all legal votes to be counted is now being challenged by the democratic lawyers. >> jon: so much attention is focused on broward county. it seems like 66 counties in the state were able to get their ballots all counted in time. why not broward? >> as you pointed out, we're waiting for the deadline this afternoon whether broward and palm beach have the ability to do it. there is certainly an open question on why everyone else was able to do it, including
dade county, miami-dade county, which is florida's largest populous county and the others have not. but that being put aside, there may be problems to be corrected in the future for more timely responses. but again none of that changes where we will end up when the canvassing board meets next week to finalize this process. >> jon: as you are speaking we're watching live workers in blue gloves wearing blue gloves in broward county handling some of the ballots reminiscent of the hanging chads seen from the 2000 election. what if broward county doesn't get all the votes recounted by the 3:00 p.m. deadline? what happens? >> well, first, we've had judge walker, who has allowed a 48-hour extension for some of this counting process. but the key date is that the formal, final canvassing board meets on tuesday of next week.
the failure to meet today's deadline will -- whatever has been counted will be put into the process. but again, the real hard line in the sand is next tuesday and actually, i think broward will finish today. but if they don't i'm certain by tuesday of next week. again, let me stress, that the issues here are not in enough volume to change the results in either of the two key elections. >> jon: peter dunbar, counsel to the republican party of florida. thanks for your input. >> you bet, jon. thank you. >> sandra: new developments in the death of saudi journalist jamal khashoggi. 11 suspects indicted and five of them could get the death penalty. prosecutors say his murder was premeditated. benjamin hall is following the story for us from jerusalem. >> six long weeks after khashoggi was murdered and we get more details of the saudi
version of events. central to the story is the saudi royal family was not behind this. that is a point that many in the international community do not believe. the latest details from saudi arabia are that the team which was sent to istanbul initially tried to persuade khashoggi to return to saudi arabia but when the team leader realized he wouldn't go, he decided to kill him then and there injecting him with an overdose of sedative. in a rare press conference this morning the saudi prosecutors were recommending the death penalty for five of the suspects out of 11. among them the deputy saudi intelligence chief the man they claim organized the whole affair without any knowledge from the royal family. they also released more details of the team itself saying it consists of three parts, negotiators, intelligence officers and the operation had been organized only three days before the murder. turkish officials claim to have x-rays of the team's bags
showing surgical knives and scissors inside that they claim were used to dismember khashoggi. the turkish investigation has been public for very many weeks. they said the saudi explanations fall short of their expectations. they say all the men involved should face trial in turkey and they believe salman knew about it. they have not been able to reach the local collaborator to find where he disposed of the body. very few concrete facts for us to go with. >> sandra: we continue to learn more on that. benjamin hall, thank you. >> jon: a community in mourning set to say a final farewell to a hero. the sheriffs sergeant who gave his life to save others in the california nightclub shooting. >> sandra: 17 house dems saying they will not support nancy pelosi for house speaker.
so will someone challenge her for the gavel? that's the big question. we'll talk to democratic congressman eric swalwell about that and more coming up. >> i think they deserve nancy pelosi as speaker but i sure don't want to see it. i went through 2 1/2 years of nancy pelosi as speaker and i came in not long after kevin and she was speaker and you saw what she did to the country. with our service, veterans like us earned the powerful va home loan benefit that lets us borrow up to 100 percent of our home's value. at newday usa, that can mean a lot more money, especially if your home has gone up in value. on average, our veterans take out 54,000 dollars. the newday 100 va loan lets you refinance your mortgage, consolidate your high rate credit card debt, get cash... and lower your payments by over 600 dollars a month. and because newday usa has been granted automatic authority by the va, they can say yes when banks say no. they look at your whole financial picture,
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17 house democrats have signed a letter saying they will not support her and that number could grow before the letter is actually released we're told. that group includes incoming and incumbents. eric swalwell is a member of the intelligence and judiciaries committee. thank you for coming on the program. >> thanks for having me back. >> sandra: pelosi says come on in, the water is warm. she is all but daring her rivals to challenge here. >> she is out there making her case, not taking it for granted. but i think, sandra, that in these late innings of the trump first term that she is the most skillful leader that we have. these candidates all ran on healthcare. she was the architect of the affordable care act. if we have a chance protecting what has been lost we need her on the mound. >> sandra: why do these 17 democrats and possibly growing number of democrats oppose her? >> well, they claim that she
has been a drag on our efforts to win the house. that was the case that was also made in 2016 when she won. if that's the case they are are making. the most seats we've picked up since watergate. it's time for us to unite and do the work people sent us here to do. >> sandra: some of the democrats seeking to block her argue it is time to give younger democrats a chance to rise to high-level posts. others say it's hard for democrats to be elected in closely contested races because republicans have done such a good job running against her with campaign ads. as far as bringing in younger democrats and giving them a chance, how do you do that if pelosi remains in power? >> you are looking at one. i ran against a 40-year incumbent democrat who nancy pelosi supported. when i got elected instead of shunning me she asked me to lead a group of young members to try to bring into congress more young members and we
elected through that effort called future form. 26 new members in their 40s or under. there is transformational leadership coming. i think right now we can't afford to put someone on the mound who has never pitched in a high stakes situation like this. we need someone who is skillful like nancy pelosi and why i'm supporting her. >> sandra: you support her. ohio democrat marsha fudge has apparently emerged as a potential challenger. do you know anything about that? >> i've heard she is considering it. we should unite when somebody comes out at the vote and support the person on the floor. that's fine. anyone who wants to challenge her should make their case to the caucus, the winner should have the caucus unite behind them. >> sandra: you've been switching topics here you've been outspoken about the acting a.g. whitaker and the president's choice and what happens from here. the president's tweeting about this this morning and i know
that you've already responded via twitter on this one as well. he writes quote the inner workings of the mueller investigation are a total mess and have found no collusion and gone absolutely nuts. they're screaming and shouting at people, horribly threatening them to come up with the answers they want. a disgrace to our nation and don't care how many lives they ruin. they're angry people including bob mueller who worked for obama for eight years. they won't look at all the bad acts and crimes on the other side. a total witch hunt like no other in american history. i know congressman swalwell you have called the a.g. an assassin hired to take out the mueller probe. explain your viewpoint here. >> i have think the president's tweet is evidence of what i believe, which is that he wants this investigation over. he has fired the person who was recused from the investigation -- >> sandra: is that reasonable after two years to want the probe to come to an end? we just spoke to senator
barrasso. he is all for what has happened here and for letting it go on but it is time to wrap things up. can you understand that? >> i'm a former prosecutor. prosecutions of this magnitude and this number of witnesses and how long the russians plotted this take years. now, when you tamper with witnesses and lie to investigators, it takes longer. when the president refuses to answer the questions already turned over to him six months ago it will take longer. >> sandra: we don't know there is a refusal there. the president said he would be happy to sit down and answer questions and ever been advised against it. hold on. there still could be prepared answers to those questions. we have the wait and see. go ahead. >> how long will it take for this guy to turn in his homework? he was given the questions six months ago. he is the one driving the direction of this investigation. he could end it if he just sat in that chair and came clean. >> sandra: well, he says that he is eager to do so. we continue to hear that from
the president. we'll see. congressman swalwell always good to get you on the program. thank you for being here this morning. >> jon: meanwhile for all the disagreements in washington and you just heard about some of them, president trump is supporting a new criminal justice reform bill that's backed by both sides of the aisle. imagine that. so are there places in which both parties can come together and should the president get any credit for it? our a-team will take that up. >> sandra: plus british p.m. theresa may losing allies as she tries to struck a deal and the e.u. and u.k. divorce will work. a live report on this. >> the government, mr. speaker, is in chaos. risk leaving the country in an indefinite halfway house without a real say. was pregnant, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa.
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>> what we agreed yesterday was not the final deal. it is a draft treaty. it is a draft treaty that means that we will leave the e.u. in a smooth and orderly way in 2019. >> jon: you think things get crazy in the u.s. congress, huh? that's prime minister theresa may facing a tough reception at parliament today as she tries to reach a brexit deal. greg palkot is following this from london for us, greg. >> jon, nothing short of political chaos at the heart of one of our most important strategic and economic foreign allies. 2 1/2 years after the british people voted to exit the european union a move called brexit here, u.k. prime minister theresa may presented her plan to the parliament to leave the e.u. and no one was
pleased. a bit more of what the prime minister had to say as well as her labor opposition leader. take a listen. >> we can choose to leave with no deal and risk no brexit at all. or we can choose to unite and support the best deal that can be negotiated. >> mr. speaker, this is not the deal the country was promised. parliament cannot and i believe will not accept a false choice between this bad deal and no deal. >> the hitch is under the deal for the future the u.k. would have to follow the rules and regulations of the european union to maintain trade and economy related the northern ireland. the only bit of the e.u. abuts an e.u. country. ireland. there have been resignations from may's cabinet. a doubt the parliament will approve the deal. and in fact, prime minister may might be heading out the door, too, if all this continues. brexit, the aim of which was to
remove the u.k. from the e.u. and control of the country was favored by president trump. the time is running out. march is the deadline. some people might want to just stay. back to you. >> jon: greg palkot reporting live from london. thank you, greg. >> sandra: fox news alert. a possible staff shake-up looming at the white house. who may be out and who will be in? ari fleischer will join us next hour. no end in sight to the devastation in california as wildfires continue to rage up and down the state. we'll have more coming up at the top of the hour. a migraine hope to be there... for the good. and not so good. for the mundane. the awe-inspiring. the heart racing. the heart breaking. that's what life is all about... showing up. unless migraine steals your chance to say "i am here."
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>> sandra: fox news alert, is nancy pelosi's gavel in jeopardy? 17 democrats calling for new leadership in the house as congress is officially back in session. welcome to a brand-new hour of "america's newsroom," i'm sandra smith. >> jon: we're back in session, too. i'm jon scott in for bill hemmer. house republicans nailing down their leadership team. now it's up to the democrats to decide who will lead their side and that brings us to the newsroom news feed. >> congress is back in session and the jockeying for position and political power is well underway. there is a bit more drama in the house as democrats replace republicans in control. >> in terms of the next house speaker, nancy pelosi wants that job again. >> let us just find our common
ground as to how we go forward. >> democrats trying to get their head around leadership and what happens. >> a lot of pushback against nancy pelosi becoming the next speerk. >> nancy pelosi, whether you love her or hate her helped deliver the house and keeps everything together. >> nancy pelosi, i'm a yes vote all the way to the end. everybody has to make their individual decisions. >> there are some democrats who suggest pelosi has a numbers problem. >> it is clear i won't be voted for. i believe in change. i'm supporting change. >> we'll bring change. the people want change. this is the establishment versus change. >> a question for the democrats you want to reward past service or you want to set a new tone for the future? >> they deserve nancy pelosi as speaker but i don't want to see it. >> that's the drama on capitol hill. >> jon: that's a news feed. let's go to mike emanuel live on capitol hill. mike. >> good morning. the drama in terms of future
congressional leaders is with house democrats and nancy pelosi's bid to become speaker again. fox news has confirmed at least 17 democrats, some current members, others newly elected, have signed onto a letter saying they will not support nancy pelosi for speaker. tim ryan from ohio, monthlyton from massachusetts and marsha judge from ohio some of the current members. the chairman a pelosi ally was asked if he is absolutely certain pelosi will be the next speaker. >> i'm not 100% certain because i'm not doing the vote count. but i am very confident nancy is a battle-tested leader. she maintains message discipline. marshaled the forces that led us to a great victory in taking back the house. >> on the republican side kevin mccarthy one election to be the house republican leader next year and steve scalise the gop whip and liz cheney will serve
in the number three leadership post a job her father, the former vice president, once held. she jabbed at the drama on the left today. >> i'm sure minority leader pelosi likes the new energy that's coming in. the problem is most of that energy happens to be socialist. that is certainly not a recipe for success for the nation or certainly for her party. >> in the senate the top leadership will remain the same with mitch mcconnell continuing as majority leader and chuck schumer leading democrats in the new congress. the big questions with democrats running the house and republicans leading the senate in the new congress is where they will find common ground, jon. >> jon: it will be fun to watch. mike emanuel. >> sandra: the florida recount deadline hours away. they have until 3:00 p.m. to get their work done as lawsuits complicate things further. griff jenkins is live in florida with the latest there. >> it is lawsuit season in
south florida. about a half dozen playing out today. a big one, a federal judge ruling late last night that some voters may be able to fix some ballots that have been rejected because of discrepancies with their signature. the attorney for senator nelson said big victory in the mismatch lawsuit. federal court extends deadline for voters to cure rejected ballots until saturday at 5:00 p.m. per the quote disenfranchisement of approximately 5,000 voters based on signature mismatched is a burden. scott campaign issued this we're immediately appealing this decision and will prevail in the 11th circuit. nelson's lawyers went to court to argue against a process that they previously argued for. now let me quickly get to the recount numbers. up in palm beach county a little north of here they're having trouble getting there. looks like they may not make it.
the deadline in five hours at 3:00 p.m. today. here in broward where there has been so much attention donning blue gloves earlier only 300 ballots that have to be duplicated and fed into the machines and they'll be done with the final second recount here. >> sandra: griff jenkins, thank you. >> jon: he says it's lawsuit season. used to be snowbird season in florida. let's go to our a-team. kayleigh mcenany, maria harf, fox news analyst and co-host of benson and harf and liz harrington from the washington free beckon. interesting times in the house of representatives as nancy pelosi appears to be ready to take the gavel again. a significant amount of opposition. will she weather that? >> right now she doesn't have enough votes to get the speakership back. she will be a caretaker speaker for the next two years and push more power down to committee
chairs, to younger members. i do think it's time in the democratic party for new leadership to step up. i have been critical of nancy pelosi and i do think she is such a lightning rod for many people in this country. but she also helped win almost 40 seats back in the electoral cycle. if anyone can herd the cats in the progressive caucus and moderates who won races it might be nancy pelosi honestly. what i don't want from my party is a nasty leadership fight as the first thing we do upon taking the house. >> sandra: it could be shaping up. we haven't seen the letter. 17 democrats have signed this and one of the cases they make is we need new younger democratic leadership in the house. >> democrats absolutely need that. should nancy pelosi be a few votes short president trump has gracefully said we'll provide the extra votes for nancy pelosi. we would love to see her there, right? we would love nothing more than
to see nancy pelosi regain the gavel because she is a 29% approval rating. she will become president trump's foil. unlikeable. makes gaffes like seeing you need to mow the grass to fix the border problem and armageddon to give american people tax cuts. crazy things she has said over time. we would love to see her there. >> jon: she is a very capable leader. she can twist arms and cut deals like nobody else. >> right. when you strike at the king you must kill him, right? i think it will be difficult for democrats, even though there is a lot of centrist democrats that won their seats promising not to vote for her. one thing when you make all the promises to voters, another thing when you get in there and all the arm twisting begins. so i think pelosi, she does have a challenge up against her but she is a very strong leader and really a good fundraiser, too. there is a lot of time before the vote comes up.
>> sandra: speaking of broken promises newly elected senator krysten sinema broken promise. the day before she was elected she said she would not support chuck schumer and then she has. and here she is. she says this, it's time for a new approach on both sides on the aisle. had there been a challenge i would have considered new leadership and a fresh perspective. she said she wouldn't support him if elected and then -- >> there are no challengers. you can't vote for nothing. the schumer vote was a voice vote. i'm not clear that sinema did. it sinting that chuck schumer was elected back to this position. no opposition. my party does have a problem at large about new leadership. the republicans in the house are very smart. they have term limits for committee chairmanship. young leaders get to show
they're in charge and get into positions of powers but i will say every republican this cycle ran an ad saying if my opponent wins nancy pelosi will be speaker and you know what? almost 40 of those republicans lost. so i do think she is unpopular but i also think we shouldn't overplay that. democrats took the house by a ton of seats and every one of those races nancy pelosi was a factor and a lot of them went for the democrats. >> jon: are you as eager to see chuck schumer retain his leadership in the senate as pelosi in the house? >> what i would note, though, is that krysten sinema. we were making case at the republican party to voters saying this will be someone is a chuck schumer lap dog. don't listen on the campaign trail. she has been in washington one day and is embracing chuck schumer. >> sandra: throw out the picture with her and schumer yesterday.
>> she could have run herself. she voiced no opposition and sat cozy with him in his office in the picture you have see right there. this is why joe donnelly lost their seats. they were chuck schumer lap dogs and she is doing that on day one. >> sandra: casting herself as a moderate democrat, her words i am not going to vote for him. >> it was a very fast reversal, exactly one day and you are already breaking promises. that's the problem democrats will have trying to hold onto the house majority as well. when you have all these candidates running to the center and moderate and then you end up just falling right in line. how are all these house democrats freshmen going to vote the first vote they have to make they'll break the promise. >> you have no idea if that's true. >> it is an untenable position. >> when you have to win all
these seats in close districts that are moderate and then you just get back in the center and you are an obstructionist. just another manchin. >> nancy pelosi will get a serious challenge. tim ryan ran last time and got votes. a lot of these new members will not break their promise and i think a lot of them, the moderates are much more independent than many of our freshmen classes in the past have been. >> sandra: will the new democratic-controlled house, will they work with republicans? will they work with the president on anything? we spoke to senator john barrasso from wyoming last hour speak nancy pelosi he had this to say. >> if nancy pelosi and the democrats in the house want to basically spend all their time investigating and subpoenaing the administration in an effort to slow it down they won't get cooperation from any of us. i don't know how they will make their decisions over there. i know i'm willing to work with
people on either side of the aisle as long as it's in the best interest of the american people. >> sandra: you wrote on bipartisanship. >> it is possible. we saw it twice yesterday. i argued in my piece that kushner and ivanka trump have put this administration for partisan reform. the prison reform passed in the house will which proceed through the senate was the work of jared kushner, president trump signed on, to his credit. the bipartisan bills act was passed yesterday. ivanka trump's bases and the way we give aid to under developed countries and supports paid family leave. the high cost of prescription drugs. president trump is a bipartisan president if nancy pelosi just comes one step towards us we can get a lot done. >> criminal justice reform the question will be whether the republicans in the senate get their act together. i completely support this bill
and applaud president congressmen supporting this. the question is mitch mcconnell won't commit to bringing it up for a vote and people like tom cotton going against this bill. >> cory booker hasn't announced his support. >> criminal justice reform is bipartisan support and this should be able. >> where is cory booker? >> mitch mcconnell can bring it to the floor and he won't do that. >> once he has the votes he will bring it. >> they shouldn't stop at criminal justice reform. i'm not very optimistic they will because here we have a president, always amazing to me, who is not ideologically tethered to anything. he says his ideology is common sense. you have a great opportunity for democrats if they got in the room to talk to him, to try to persuade him and yet they've been in a fantasy world trying to move he is a kremlin agent for two years.
the problem -- >> now that the democrats are in the house -- >> they are oef not going to go for tax returns. >> they can walk and chew gum at the same time. they can come up. >> they don't want to play ball. >> the democrats now have power in the house. they have will -- they're not in the majority. >> democrats in the senate. they had the meeting. >> it comes down to democrats have a choice here. are they going to deprive the american people of wins that are good for the american people like paid family leave simply because they do not want to give president trump a victory? i hope that's not where we at. i hope they can work with the american people. >> sandra: that's an a-team. ladies. thank you very much. a skating new report out on facebook showed how they failed to respond to russian activity
on its platform. charles payne is here to break all this down for us next. >> jon: also 59 people dead across the state of california as wildfires level entire communities there. we'll have the latest on recovery efforts. plus this. >> we've created this cover-up and we'll never find to true store receive about all the unanswered questions. i mean, we don't want this to happen to another family. >> sandra: a family searching for answers in the murder of an american tourist in mexico. their son. why the parents say they want the f.b.i. to now investigate. they will join us live to tell their story.
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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. we're working to make things simple, easy and awesome. >> jon: in california fire officials confirm at least 59 people are dead in those devastating california wildfires. the search for the missing continues. the northern camp fire has now burned nearly 9,000 homes. the destroyed town of paradise facing an uncertain road to recovery. >> it's just getting worse and worse. more people are running out of money for hotels and families -- families can't stay there forever and we try to get back up to see our houses yesterday and it's going to be four
months. paradise is gone. >> jon: fires have burned a quarter million acres in the state. the governor says he is working to streamline the government response. >> looks like a war zone. it is. it's the devastation that only fires of this kind can bring about. i'm issuing an executive order today that will speed up recovery, cut red tape. overcome some regulations and other kind of laws that get in our way. we have to clean up the debris, bind up our wounds and get with tomorrow. >> jon: tiny bit of good news the crews are making gains there. the camp fire 35% contained. the southern california woolsey fire is 52% contained. >> sandra: new fallout for facebook. the social media giant pushing back against a "new york times"
report that says it worked to cover up the platform's role in the spread of russian disinformation during the 2016 election. we'll bring in charles payne on this and first throw this up on the screen to tee this up. in their report delay, deny and deflect how facebook's leader fought through crisis when users learned last spring the company add compromised their privacy in its rush to expand allowing access to the personal information of tens of millions of people to a political data firm linked to president trump. facebook sought to deflect blame and mask the extent of the problem. when that failed, as the company's stock price plummeted and it faced a consumer backlash, facebook went on the attack. >> it's a wide ranging, very long, very researched article no doubt. and i think it boils down to just a combination of arrogance
and hooub russ. everything you can think of where you have this company that was given -- that really is fiduciary or custodian of our personal information falling asleep at the wheel. when did they really know about the russian interference and what did they do about it? if this is troou. according to the article they went on the attack and went after people like george soros and formeanted the existing animosities and angers within our own country and allowed it to fester and fanned the flames all in an effort to deflect from their own mistakes. >> jon: markets are down today. facebook is down. big part of the reason? >> big part of the reason. a whole lot of things going on with the markets, interest rates, strong dollar, anxiety and also the typical market high jifrng -- facebook stumbled big time.
they have issues beyond this. their core audience for the facebook product itself has flattened. instagram is beginning to peak. >> sandra: facebook has responded to this detailed, specific "new york times" report pushing back against it. it details how sandberg and zuckerberg stumbled during the bumpy past year at the company. remember all the hours of hearings on capitol hill, the public -- >> the mark zuckerberg testimony which i didn't think was that great the media said that he did a good job. i didn't think he did a great job. he showed up. the ceo from google did not show up. that's it. they shift the blame to google and apple. today open society, which is a soros linked civil rights organization said what they did
was reprehensible and called facebook a threat to democracy. what's really despicable if true the idea of being in trouble as an organization and being able to sort of deflect by fanning the embedded animosities in this country and making us dislike each other as americans even more. >> jon: when you have friends like chuck schumer on capitol hill, it is pretty hard to get in trouble, isn't it? >> it is hard to get in trouble. all connected but hard to hear the warning signs when you feel you have that much protection and that much around your company you ignore. maybe russia is meddling. you ignore everything. when the you know what hits the fan you retaliate now we're finding out was a very despicable manner. they have offended everyone along the way and i think they will continue to until they -- maybe their stock going down, maybe losing members, maybe the business itself beginning to deteriorate somewhat, maybe that will be the ultimate wake-up call for them.
>> sandra: facebook confirmed it ended its relationship with the washington-based consulting firm. we'll see where it all goes. we continue to learn a lot. >> more bad news for facebook. >> jon: any time a newspaper puts five reporters on you it's not good. >> jon: hundreds of immigrants reaching the border with mexico. it will pose a major problem for authorities. >> sandra: president trump weighing in on the future of his cabinet regarding homeland security secretary kirstjen nielsen. ari fleischer is our headliner this morning and will join us straight ahead. >> jon: lame duck senator jeff flake of arizona drawing a line in the sand putting him at odds with majority leader mitch mcconnell. >> this is not a moment for our
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liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪ >> jon: fox news alert. a few hundred central american migrants have arrived at the u.s. southern border in tijuana. three different caravans making their way through mexico right now. william la jeunesse is live from tijuana, mexico. william. >> jon, this is where the next chapter begins for the caravan. there are several hundred people who have already arrived here in tijuana, which was their destination. the goal, of course, is the united states and the border is right over here. police are expecting another 900 migrants coming here in the next hour or so and a total of 2,000 today. now this obviously is the border here with the united states. the primary fence. a secondary fence over there. an area called friendship park.
there was a fight here last night. local mexicans are not happy they're here. this is a nice neighborhood between the hondurans and mexicans. police made no attempt to break it up. also want to tell you i did speak to a border patrol source earlier today who said about a dozen caravan migrants have already been arrested. a small contingent down here near the beach and a larger group up in the mountains east of here. the united states message has been consistent all along. trying to deter the caravan saying don't come. you will be arrested or apprehended or have to go through the port of entry. the border sector chief rodney scott. >> mexico has already offered asylum to these individuals. your asylum claim here unless you fear from mexico will not go well. you will be arrested and prosecuted and be returned to your countries. >> here is the scene yesterday
basically individuals celebrating the fact they hit here. also reaching tijuana their goal but goading agents from the top of that fence. i expect we will see that scene played out many times over the next weeks or months. now, t.j. or tijuana residents are organizeing a protest of their own. they don't want them to close the port of entry. that's very important. already the shelters here in tijuana are overflowing with people. 2,500 immigrants are already here waiting in line trying to get into the united states. so all these people got to get in that queue. they'll grow frustrated and try crossing illegally and why the u.s. brought in the military to assist the border patrol. >> jon: william, thank you. >> sandra: heading to the white house now. president trump weighing in on speculation surrounding his cabinet. saying he will make a decision
about homeland security secretary kirstjen nielsen very soon. we'll bring in our headliner ari fleischer. he joins us live in studio. great to have you here. first up, the shake-up, the changes that you are seeing at the white house. what you are hearing from the president on this. your thoughts. >> this is a very traditional thing that presidents do. donald trump does it a little bit not the same traditionally. >> sandra: nor does he anything. >> that's right. he has a very outsider approach. i've never faulted that approach and why he was elected. my only advice is if you make legitimate changes, have the person that you are going to newly nominate ready the same day you announce someone leaving. it shows forethought. when you have a vacancy and a void it gets filled with negativism and attacks. have your replacement ready the day you announce who is leaving. >> jon: when there is blood in the water the sharks circle.
>> look what happened with attorney general sessions. an acting attorney general. highly controversial. think how different it could be been sessions is leaving and here who is replacing here and we talk about the qualifications of the new replacement. instead we are oef in the abyss whether the acting attorney general is legal or not. >> sandra: the president said this in an interview to the daily caller on white house changes. i'm looking at things. i haven't made a decision yet. i will be making a decision on homeland shortly. i have not made decisions yet. i will be making changes on various things which leaves the door open to possibly more changes than just this. >> he is entitled to that. presidents should be a team of people who do it donald trump's way and give the president support and let the president know they have his back. they are oef for his policies and that's what they are going to do. he deserves that. he was elected. he gets his team even if
establishment people don't like it. but when he makes the changes, i hope they're well thought through. >> sandra: his complaints is about the way the media covers the changes. he tweeted this morning. the white house is running very smoothly and the results for our nation are obviously very good. we are the envy of the world. but any time i even think about making changes, the fake news media goes crazy always seeking to make us look as bad as possible. very dishonest. >> let me make a couple of points. most american people have never heard of anybody in the cabinet. they don't know the names of the white house chief of staff let alone the deputy national security advisor. what the american people know is the results. donald trump 100% right about results matter most. it is very important to have a good team around you and not to have chaos. i don't think this has been an unchaotic white house.
>> we know the name of the chief of staff john kelly. kirstjen nielsen had been his right-hand and now he may be on his way out. >> they've been around for a long time and haven't been true. we'll see. if the president decides to make a change that's his prerogative. my only point is be thoughtful about your changes so you don't leave that vacuum. you don't leave the void. when donald rumsfeld was fired by george w. bush,, bush announced robert gates. crisp, clean and forward-looking. >> jon: isn't that how the word gets out that somebody has a short lease on life because there is a job search for the replacement? >> in that instance with bush and rumsfeld and gates no, it was quiet, behind the scenes. clearly we've been reading since president trump got
elected who is next and everybody seems to be next. sometimes it's accurate, sometimes not. >> sandra: care to weigh in on the deputy national security advisor reassigned after the first lady's office called for her ouster from the white house and the feud we're learning about between the first lady and her? >> number one, if you work at the white house, you don't quarrel with the first lady. it is just a rule. you should be smarter than that. if you do str a difference handle your difference with respect. something went wrong here. i've never seen a situation where a first lady had to issue a statement. the power of the first lady is the relationship about the first man. you tell the president there is something wrong here and the president takes action. what is stunning to me action wasn't taken and she had to issue a press statement. i've never seen that before. >> sandra: what does it tell you? >> what complaint she was making was ignored and she felt he had to go around and go public to get her way. that's remarkable.
>> sandra: a few seconds left final thoughts on the recount deadline this afternoon. >> it looks by all estimate that governor scott will become senator scott. but close elections are nasty things in every direction and that's math. whatever problems they have, many particularly in broward with incompetence feeds cynicism. >> sandra: come back soon. it's always great to have you. >> jon: there is a stand-off in the senate after majority leader mitch mcconnell blocks a vote to protect special counsel robert mueller from being fired. lame duck senator jeff flake saying he will not support any nominees until the bill he wants hits the floor. chief intelligence correspondent catherine herridge has more from washington >> good morning. outgoing republican senator jeff flake is threatening to oppose the president's judicial nominees until bipartisan legislation protecting robert mueller is brought to the full senate for a vote. >> the improper installation of an acting attorney general who
has not been subject to confirmation by this body, the president now has this investigation in his sights and we all know it. >> this comes after the justice department's office of legal counsel found that the president's decision to bypass deputy attorney general rod rosenstein and promote matt whitaker at acting attorney general is constitutional, lawful and consistent with past presidential appointments. yesterday the senate majority leader blocked legislation to protect the investigation. >> we want to make sure that the acting attorney general does not interfere with the mueller investigation and we believe our republican colleagues will join us with that. >> we know how the president feels about the mueller investigation but he has never said he wants to shut it down. i've never heard anybody down there say they want to shut it down. it is in no longer and legislation isn't necessary. >> bob goodlatte told fox news
he believes the f.b.i., russia probe that's the foundation for the special counsel investigation began earlier than most people assumed. he says he believes it began in the spring of 2016 before trump became the party nominee and that finding significantly conflicts with former f.b.i. director james comey's public testimony that the f.b.i. officially opened the counter intelligence case in late july of 2016, jon. >> jon: catherine herridge our chief intelligence correspondent. thank you. >> sandra: power struggle for the top spot in the house. nancy pelosi facing some resistance from insurgents in her own party. 17 democrats already saying they will not support her. we'll ask democratic congressman debbie dingle what she thinks about that. >> jon: a young american tourist is murdered in mexico. his parents join us live next on their fight for answers to find out exactly what happened to their son.
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>> jon: a young american on vacation in mexico ends up stabbed to death. 27-year-old taylor meyer was traveling with a group of friends. now his parents say they want more answers and an f.b.i. investigation. taylor's parents kris and krista meyer are with us now. your son went down there for a most joyous of celebrations, a birthday party with a bunch of friends, right? >> a 30th birthday with some friends that he has developed over the years. there were 14 of them total including my son on this trip. >> sandra: krista, you and your husband received a phone call from the u.s. consulate in mexico on friday. what did they tell you? >> they first asked if i was krista meyer, i identified myself as yes. who is calling, please? and they said the u.s.
consulate in mexico. and i just went no, no, what? and they explained very quickly to me that they had reason to believe that our son was traveling with a group of others in ply delcarmen and was robbed and told me what was taken was his wallet, his shoes, his passport, i don't know, and that he had been stabbed to death. >> sandra: the two of you are going through the unthinkable as parents. this is what we fear the most and you are living through the worst. and i know that at first you thought that phone call was a hoax and then you went forward to confirm what happened. but now you want more answers and you want the f.b.i. to get involved in investigating. what has your communication been with the american government on this? >> well, our communication has been with the consulate down in
cancun and we've been trying to get the f.b.i. involved to oversee the investigation. the mexican government has control, of course, and the f.b.i. has no jurisdiction. they have to be allowed to. we're concerned that because the consulate clearly told us that three people were involved in killing our son, they have arrested one person. we just want to make sure that number one, that they solve the crime, but the biggest thing even above the solving of our son's crime is to get the word out that we used to go to mexico all the time. we had a time share 10 years ago. it has changed. it is not the same place it used to be. and for parents like us, we don't want to see anybody else go through this pain and suffering that we've been enduring. >> jon: i know that your son took all the precautions that one would expect to take. they had rented a house in a
gated community. he had checked in with the state department, right? he did all the right things. >> yes. >> he did. >> he gave us one of his traveling companion's name and cell phone number so we could reach him. gave us a copy of his passport and filled out a daily itinerary. he did everything right and he ended up being murdered. horrible. >> jon: one of your concerns, i know, is that the mexican government is afraid that tourism will be hurt as a result of what happened to him. if that's the case, why aren't they going to be more forthcoming with exactly what did happen? because you have a lot of questions, don't you? >> well, yes. i know that if a foreign national or whatever would have been vacationing in newport beach here, which is also a
vacation destination and murdered, that our government or our local police would be solving a crime and the news media would cover it accurately. the local media in the area covered it up with horrible rumors and horrible -- which were all fake. and such as saying that our son was canadian, 30 years old. he was transgender, he was traveling with an lgbt group and one of his friends stabbed and killed him. 100% wrong. these are horrific. to see our son's name trashed. our son was an absolute hero. >> the community, the denver community, the university of colorado boulder community knows none of this was our son. >> sandra: krista, i know that you and your husband have said that you want his funeral,
which is saturday, to be a celebration of taylor's life and we remember him now just your final thoughts before we let you go. i can't imagine how difficult this is. >> thank you so much. >> we're eager to get the word out taylor was a strong christian. we're members of purpose church in california, a mega church. the service will be live streamed through their website but the mega church holds a couple thousand people. we invite the media. the most impressive thing about our son are the stories that his friends that he has developed in denver, with ups where he worked, arizona, we're learning things last night we learned that he saved a person's life. >> sandra: it takes incredible strength to do what you are doing. our hearts are with you.
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for a homeless man. turns out the three of them may have made the entire thing up. jackie heinrich is live in the newsroom with this. jackie. >> according to a complaint the local philadelphia nbc affiliate obtained the couple conspired with the homeless man so all three could make a profit and even preventing the donors from getting the information about the true nature of the story from a good samaritan tale. last year they shared the story of a homeless marine veteran who gave his last dollar to kate when she was stranded on a freeway out of gas. it drew donations and supposed to put a roof over the man's head. the relationship turned sour saying the couple only gave him
$75,000. the lawyer denied the claim saying they were holding onto the cash for the man to ensure he didn't spend it on drug. police raided the couple's home and towed away a new bmw. the complaint alleges the three were in it together from the get-go. police are expected to hold a press conference in 2:00 p.m. today. >> sandra: thank you, jackie. >> jon: the results of machine recounts due a few hours from now in the florida senate and governor's races. bret baier joins us to weigh in next. i'd like to take a moment to address my fellow veterans, because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan for up to 100% of your home's value. if you need cash for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no.
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plan from a company like humana, just might be the answer. fox news alert. deadline day in the florida ballot battle. machine recount results due four hours from now while the lawsuits continue to pour in. welcome back to "america's newsroom," i'm sandra smith. hour three begins now. >> jon: good to be with you today. i'm jon scott in for bill hemmer. senator bill nelson went into the recount 12,000 votes behind his republican challenger rick scott. president trump blasting the whole process pushing for the removal of broward county election supervisor snipes. you look at her past, she is a disaster. i won florida and that area, broward, didn't come in. peter dunbar, counsel to the republican party of florida in "america's newsroom" earlier. >> if you look at the ballots that are at issue. i do think it is important that
all ballots be counted. the results might modify in small numbers but not enough at issue to make a change in either of those two races. >> jon: bret baier joins us, but first we want to check in with peter doocy in florida. what's the latest? >> jon, the latest is the recount is substantially lighter than the initial count up in palm beach county where the supervisor of elections said a substance number of ballots are missing from the second count. the official there, the superintendent of elections said they believe machines missed them and they think they've identified the crate that the ballots are in. the supervisor says it's unlikely that palm beach county will make the 3:00 p.m. deadline to have everything counted. the deadline looked to be out of reach. we now know officials sent
ballot counters home to sleep and eat. there has also been a lot of action in a courtroom today. a federal judge is trying to give floridians two more days to fix their ballots if they were told late the signature on the ballot did not match the signature on their file. thousands of ballots were tossed unconstitutionally. nelson's lawyer says big victory. federal court extends deadline for voters to cure their rejected ballots until saturday. disenfranchisement of 5,000 votes is a substantial burden. the rick scott team is fighting back. a spokesperson for the republican said we are immediately appealing this baseless decision and we're confident we will prevail in the 11th circuit. let's be clear, bill nelson's high-priced washington lawyers went to court to argue against a process that they previously argued for. so here at the canvassing board things are quiet and in a recess. the room is filled with
observers, lawyers for both sides, spokes people for both sides waiting to see what happens four hours from now at that mandated deadline. >> jon: taking a recess and a big deadline ahead. interesting. peter doocy, thank you. >> sandra: let's bring in bret baier anchor of special report. we're under four hours until the deadline. what do you think happens here, bret >> i think you're likely to see these court hearings continue and i think that you are going to see these appeals, the one that peter just mentioned. remember that some of these ballots that they're talking about came in after election day. absentee ballots that came in the 7th and 8th. some 17,000 plus. now, if those are allowed to stand, the question is, you know, is that okay? and by florida law it's not. but that's what these court battles are about. >> sandra: meanwhile the president is calling for
broward county election supervisor brenda snipes, he has been commenting on a light to be fired telling the daily caller, she is a disaster. broward didn't come in. you can only put in so many votes although she may change that system. we'll likely hear more of that as well as this continues the next few hours. >> there has been no evidence of fraud. there was rule breaking in that she didn't tell the campaigns how many votes total were being dealt with in broward at the beginning. and that is according to the rules not accurate. you have to do that. so she is -- the real question is at the end of this process, what is the final number that they get to? i think we'll find out some of that today. but probably not until the 20th will this all wrap up. >> sandra: meanwhile new gop house leadership. can we talk a bit about that? kevin mccarthy the party leader
over jim jordan. how does this change things, bret? >> it doesn't really. it was a message, jordan was hoping to get -- pull the upset. he didn't. it was 159-43. but it does show that mccarthy was expected to win and did win. he has to coble together the freedom side of the conference and be a block vote as some things democrats will put forward. we'll see how much negotiation is done between democrats and republicans not only in the house but with the senate and the administration once the new congress comes in in january. >> sandra: what does that look like? you hear from the president saying he is willing to work with democrats and we had a democrat on the program earlier that says democrats are willing to work with republicans here. but we're all left wondering what that looks like after the last two years it's hard to believe. >> yesterday was an important moment from the president's point of view when he endorsed
this bipartisan legislation for prison reform and sentencing reform. that's been bounced around on capitol hill for quite some time. the president's son-in-law has pushed that and having the president sign on was a hat tip to i'm ready for some bipartisan things. there is a limit to that, however. it also is hinging on whether democrats go full bore into investigations right off the bat before trying to get legislation that they think is bipartisan through. >> sandra: here is new leader mccarthy on working across the aisle with democrats in the new congress. listen. >> we will work with anybody across that aisle if they are there to work to move america forward. but let me be very clear, if their agenda is simply investigation, impeachment, and not focused on the hard working american public, we'll be there to defend the american public. >> sandra: we'll see.
we're left wondering who the leader of the democrats will be in the house. is speaker pelosi, is that coming to fruition based on what you are hearing now, 17 democrats saying they're vowing to vote against her and stop this. >> she is very confident. there are enough democrats there that could cause real problems in that vote. the president was, i think, joking in the tweets but said if she has problems, maybe republicans will vote for her, too. they could actually. don't usually. i think she -- it will be tight with all the opposition that she has had. but knowing nancy pelosi and how she whips votes, there will be negotiations that happen that get her the gavel again one expects. how she cobbles together that caucus and what she forces down the throat and get republicans
on board is the real question. if you look at infrastructure, if you look at immigration seems like a long shot, but there are some things in the middle and one other thing in the background december 7th before the new congress is seated, you have a government shutdown possibility. so congress has to get in gear for that. >> sandra: we're all going to have to gear up for that potentially. a live picture of nancy pelosi. she is holding a press conference right now likely a lot of conversation in that room about her return to the speakership. so we'll listen in on that and get you the news out of there as it comes in. we'll see you tonight at 6:00 p.m. a quick programming note president donald trump will be sitting down with chris wallace in an exclusive interview this weekend on "fox news sunday". it marks chris wallace's first interview with president trump since he took office and only the second time the president has sat down for a sunday show interview.
>> jon: history. you want to catch . that another alert. devastating fires blamed for at least 59 deaths in california. the number is rising again after a third victim was found in the woolsey fire in malibu. while the camp fire in northern butte county has taken the lives of at least 56 people. many more still missing in and around the town of paradise, which was absolutely leveled. governor jerry brown was there. >> this is so devastating that i don't really have the words to describe it. it looks like a war zone, it is. it's the devastation that only fires of this kind can bring about. nobody is really expecting it but it happens. >> jon: jeff paul is live in malibu right now. jeff. >> the winds here in southern california really starting to die down. that is allowing crews to start to return to these neighborhoods and get them back to normal.
for some families like this one right here, here in malibu, you can tell they've lost everything. really only can make out a few things in here. a hot water tank here, washer/drier. a few bikes in there burned and this was a car. you can tell from the frame. down below was a bicycle. further north the damage from the camp fire is more devastating where more than 10,000 structures were destroyed in that fire that has burned about 80 miles north of sacramento. the death toll rising to 56. authorities believe that could get even higher with more than 100 people still missing. the folks, though, who did manage to escape that fire and only to lose their homes say that their future right now looks uncertain. >> i feel very fortunate to have a van. i look at other people with a car and kids and i'm driving around in a hotel. >> i posted on facebook if anybody has a garage we can stay in for 30 days and my
girlfriend asked me what do we do after 30 days? i don't know, that's what the 30 days is to figure out, what we do after the 30 days. >> back south here in los angeles county, ventura county, the winds are dying down and allowing fire crews to get more containment. the containment of the woolsey fire at 57%. more crews are trying to show up in neighborhoods to get people back to normal in some fashion. they are lifting some of the evacuation orders but in neighborhoods like this one here in malibu where you have home after home burned to the ground, that return to normalcy will take much longer, jon. >> jon: hard to believe it's hitting places like malibu. jeff, thank you. >> sandra: senate republicans block a bill to protect the mueller investigation saying the president has no plans to fire the special counsel. now one gop lawmaker is threatening to vote against judicial nominations. senator john thune joins us a bit later to talk about that and the senate leadership
elections. >> jon: plus some democrats hope to sink nancy pelosi's bid to become house speaker once again. do they have the votes? congresswoman debbie dingell is up next on the brewing battle in the house. >> i believe that ms. pelosi will be the speaker but we'll draw a number of votes and be strong and united when we go to the floor of the house. welcome to the place where people go to learn about
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>> jon: fox news alert. house minority leader nancy pelosi talking to reporters right now at her weekly news conference. they always happen on thursdays. pelosi is looking to become the next house speaker but right now she is facing a challenge from some members of her own party. congresswoman debbie dingell is running for dpcc co-chair and she joins us now. there is some opposition to nancy pelosi and her attempt to return as speaker. is there enough to deny her the gavel? >> good morning. look, i think that we'll have some very serious, tough discussions in our caucus about how we talk about transitions, how we fill the bench. how to ensure all caucus members feel like they are being heard and have an opportunity to take leadership on the issues that matter the most to them and it's inclusive. i do believe at the end of the day that we will probably see the same three that are at the
top of our leadership we elected in january with a transition plan at least being recognized for the coming years. >> jon: you are not saying whether you support her, are you? >> look, i'm going to vote for her. we have to look like we've got our acts together right now. a part of my discussion is that how do we make sure -- we've got this really energetic, passionate class. they care deeply and they want their voices heard and we have to make sure that we have got processes in place in the caucus that their voices are heard and that they are one of the voices that is impacting what the agenda is going to be for democrats as we go into the next session. >> jon: sheila jackson lee the democrat from texas had some thoughts about the possible return of nancy pelosi to the speaker's chair. let me play this for you. >> this is a democracy even inside the caucus. and the viewpoints of
individuals who have expressed their view of a different perspective, i'm willing to hear. at the same time, i think that it is very important for those of us who have been here, who have seen a majority and seen a minority, to focus not on personality but effectiveness. >> jon: focus not on personality but effectiveness. by all accounts nancy pelosi is very effective as a vote counter. >> well, i think sheila said it very well and we have to make sure we're listening to everybody and we have to have thorough, intense discussions and people have intense feelings but we need to reelect this whole class but more importantly we're responsible to the voters that elected them and i think people are tired of the partisan bickering. they want to see us get things done and want to see us do things about pre-existing conditions. they want to see us do something about fixing our broken roads and infrastructure system.
i think we have a responsibility to figure out how we work together to start to address a myriad issues are bothering not republicans or democrats but americans. >> jon: nancy pelosi just said in the news conference that she does expect to be reelected. if that is the case, she is going to have a difficult job. more difficult than the last time when she was serving as speaker from 2007 to 2011. you have a narrow democratic majority and it only takes a few to derail the train, right? >> that's how you build a consensus. that's how you start and bring everybody into the room and find that common ground. she got the affordable care bill passed which now, while all the republicans were demonizing it for a while. she got that bill through and president obama's desk because people were worried about pre-existing conditions and worried their children were being kicked off plans. being a woman was a
pre-existing position. now we have to fix it. we have to protect pre-existing conditions and escalating premiums, higher deductibles. we have to come together and build a coalition it will take to get something done. >> jon: sme is someone that republicans hope wins because they like to run against her. what does that say to you? >> you know, i said that each district is different. and that there is -- that the members of congress that are running are running as themselves. they are running on their agenda and what they will deliver. and we have to help every member deliver to the people of their district and not just the people of their district but deliver for the american people. >> jon: congresswoman democrat debbie dingell. thank you for being with us.
>> sandra: secretary mattis visiting troops near the southern border in texas. the troops offering support to border patrol right now. but what is the long-term military mission there? plus president trump firing off a series of tweets today on the mueller probe. what he is saying now about the russia investigation. a snowy morning in washington i am a family man.
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calling it a total mess on twitter this morning. john roberts live at the white house with more. there is that snow, john, good morning. >> isn't it beautiful here? a winter wonderland. the president might be on the verge, even on the eve of submitting written answers to robert mueller as part of his investigation but at the same time the president venting his frustration with the whole thing taking to twitter this morning for some particularly vitriolic tweets. the inner workings of the mueller investigation are a total mess. no collusion and have gone nuts. they're screaming and shouting at people. horribly threatening them to come up with the answers they want. they are a disgrace to our nation and don't care how many lives they ruin. president also tweeting universities will someday study what highly conflicted and not senate approved bob mueller and his gang of democrat thugs to destroy people. why he is protecting crooked
people and all of his friends on the other side? the president and his attorneys are making a final decision in the next 24 to 48 hours as to whether or not they will give robert mueller the written answers to questions that he is looking for and what answers they might give to him. i'm told they are positively inclined to do it and could do it as soon as tomorrow. but as anything happens aruined -- around here at the white house, sandra, subject to change. >> sandra: john, of course. what more do we know about the top white house aide that melania called out? >> she was the chief of staff to the national security council. she was a trusted aide of national security advisor john bolton but she ran afoul of the first lady's staff and i'm told just about everybody else in the west wing. she has now been relieved of her duties at the national security council. but she is being parked elsewhere in the administration. we don't yet know where she
will land. her portfolio will be picked up by rear admiral fears the homeland security adviseor in the nsc. the president told the daily caller in an interview he hasn't made a decision whether to replace dhs secretary kirstjen nielsen the president is considering other candidates. names that have been floated include the current administrator, former coast guard, as well as the former homeland security advisor tom bossert. he was removed in the transition between mcmaster and john bolton. some of the other things that are being talked about potentially removing wilbur ross from the commerce department as secretary. one of the names floated to replace him is the small business administrator linda
mcmahon. the president is a huge fan of her. james mattis will be staying where he is and the president is in no hurry to replace jeff sessions as attorney general. he has matt whitaker in there and can leave him in for 200 days under the statute and not planning on getting rid of him at any time soon. >> sandra: john roberts. stay warm out there. thank you. >> jon: well, stormy daniels' lawyer michael avenatti is out on bail and speaking out as well. what a frequent critic of president trump is saying about his arrest on domestic violence charges. >> sandra: senate republicans blocking a bill to protect special counsel robert mueller's investigation saying it's not necessary. senator john thune will be here live to weigh in on that and more next. >> this has been going on for quite a long period of time and now you even see chuck schumer threatening a shutdown of the government over this. this isn't what the american people want. so i have great confidence that this investigation will come to
>> jon: fox news alert on legal troubles for michael avenatti, the lawyer for porn actress stormy daniels who is suing president trump over an alleged affair. he was arrested on domestic violence charges in california. >> i have never struck a woman. i never will strike a woman. i have been an advocate for women's rights my entire career and i'll continue to be an advocate. i am not going to be intimidated from stopping what i am doing. >> jon: jonathan hunt is live with more on all of this, jonathan. >> jon, avenatti, known for his sharp suits and elbows made that sharp statement you just heard as he left court last night. released from police custody on
$50,000 bail he dismissed the allegations as an attempt to besmirch his reputation and repeatedly denied abusing everyone referencing his two daughters and saying this. >> i would never disrespect them by touching a woman inappropriately or striking a woman. i am looking forward to a full investigation at which point i am confident that i will be fully exonerated. i also want to thank everyone for their support that has reached out. you know my character, you know me as a man and i appreciate it. >> the incident allegedly happened at his home in l.a. and visible injuries to the alleged victim. that person has not been publicly identified. his estranged wife says he was not involved and his first wife defended him in a tweet saying
he has never been abusive and, quote, is a good man. avenatti became famous representing daniels, the porn actress who alleges she had an affair with donald trump in 2006 and sued to invalidate the confidentiality agreement she signed just before the 2016 presidential election. that prevents her discussing it. daniels issued a statement today saying she will reserve judgment regarding what she termed serious and troubling allegations against avenatti adding in the statement, quote, i do not condone violence against women and if these allegations prove true, i will be seeking new representation. avenatti, meantime, jon, is due back in court december 5th. >> jon: not exactly a hearty embrace from his most high-profile client. >> far from it. >> jon: thank you. >> president trump is not going
to fire mueller. mueller will be allowed to do his job and we need conservative judges on the bench. as many as we can and as often as we can get them. i don't know what senator grassly will development a great chairman. if i'm chairman we'll do judges, judges, more judges and i'm convinced that mr. mueller will be allowed to do his job. >> sandra: senator lindsey graham on hannity saying robert mueller's job is not in jeopardy after a senate blocked the bill to protect the special counsel. john thune is chairman of the senate republican conference. thank you for being here this morning. do you share the confidence of your colleague senator lindsey graham? >> i think that's about right. i don't think there has been any indication from the president that he intends to fire robert mueller. we all agree that the investigation needs to be completed. but that it needs to get wrapped up. that should happen soon. they've been at it for a long time. i don't think that concerns
about the president intending to fire mueller is something that is shared on capitol hill. so i think senator graham had it about right. >> sandra: outgoing senator jeff flake says otherwise. he would not vote to confirm any judicial nominees unless republican leaders allow a vote on a bill that would protect mueller from being fired by the president. we had senator john barrasso on the program earlier this morning to react to this and he said this. >> this seems to be his go-to play right now. threatening judges. he did it this past summer on tariffs and trade. now he is doing it in terms of the issue of the special counsel. there is no threat to the special counsel. we are going to get these judges confirmed. >> sandra: do you share that sentiment, senator thune? >> i do. at least right now what it looks like to me, sandra, this effort has a lot more to do with politics than substance. i don't think there is the substance that suggests that it is a step that congress ought
to take. there are a lot of politics at work here. right now we need to as was stated earlier in the time that we have remaining in this congress continue to process judges, keep that fight going and we have every intention of doing that here in the united states senate. >> sandra: congratulations to you selected to serve as the majority whip. mitch mcconnell reelected the leader. that has been established. now the big question becomes how do you push through the white house agenda with democrats now controlling the house? what is the strategy? >> an interesting question. i think we'll have to be very strategic. a lot of it, that question against answered more than anywhere else, sandra, by the house of representatives and when they have their leadership elections, assuming they' elect nancy pelosi as speaker we'll find out right away whether or not she and her caucus intend to legislate. in other words, work with us in a constructive way to build on all the progress that we've made the last couple of years, or whether they intend to
investigate and spend all their time going after, attacking and harassing the president. i think that's the question that is really before the house right now. and i think we'll get an answer to that before too long. i would hope that they choose to work with us, the republican majority here in the united states senate with the president on an agenda that can be good for the american people. i think the american people want to see us get results but i think that it's really up to them in that decision now and it's in their hands. there are plenty of people in the senate and president willing to reach out and work with democrats in the house on issues that are good for jobs, good for growth, good for our economy, and good for people's standard of living in this country. >> sandra: enoughly elected house minority leader was asked. >> we took a beating inside the suburban areas. we'll have to work harder. our message will have to be clearer and our ideas will have to be stronger.
we realize that and work toward twa*rd that effort. >> sandra: we're going to have to be stronger. finally, senator, what is the message as now leadership is in place and you've got a big job to do? >> well, look, i think the message very plainly to the american people is this is a congress and administration that has gotten results. the lowest unemployment rate in 50 years, wages are growing at the fastest rate in 10 years, median income was at an all-time high last year. we've made a lot of headway as a result of the lot of policies we worked together on. the question is will we build on that foundation and continue to move forward on an agenda and sharpen the message so the american people understand we're here to make their lives better, to give them a better future, their children a better future and to improve their personal economy and their quality of life. i think those are the -- the message we have to deliver to the american people.
we hope we have a partner with the democrats in the house. that remains to be seen. i think we'll find out right away whether or not they intend to legislate or whether they intend to investigate. i hope that it's the former. >> sandra: the country will be watching. senator john thune, thank you. >> thanks. >> jon: hundreds of migrants arriving in tijuana, mexico with more on the way as defense secretary jim mattis visited troops in south texas yesterday telling them the strategic goal of their mission is still to be determined. jennifer griffin live with more. how many troops are on the border now? >> we spoke to the deputy secretary of defense here at the pentagon and he said that the number of troops to the border has peaked at about 5900. yesterday defense secretary mattis traveled with dhs secretary kirstjen nielsen to the border. mattis said the number of
troops at the border could go as high as 7,000 adding he still does not anticipate military personnel coming into direct contact with migrants. that is why most are not armed and are laying wire for the most part. mattis said having soldier deploy on short notice have its benefits. >> the same we would do if we were deployed anywhere in the world. we're living out of tents. this is very good training because they are reversing everything they would do in a real deployment elsewhere in the world. >> the pentagon won't say how much this deployment will cost. unlike the past, dhs will not be paying for it. the pentagon will. early estimates point to a $200 million bill, john. >> jon: part of the cost calculation involves how long it will last. any ideas? >> mattis was asked the question about a soldier yesterday. some say a few of the troops
could start to leave the border next week but mattis would not tip his hand. >> what are the short term and long term plans for this operation, sir? >> longer term is to be determined. if we were in war right now, you would be asked the same question, wouldn't you? >> the orders that mattis signed expire december 15th but could always be extended. >> sandra: maryland's attorney general going to court to block matthew whitaker's appointment as acting attorney general. what this means for the president. >> jon: also we're awaiting the president and first lady. they are about to leave the white house to head for the marine barracks, we'll go there live when that happens. (inspiring music)
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for example. why in the world we would be so sanguine about this and allow it to happen is beyond me. so i would think that we would exercise a little institutional pride here and perform our oversight responsibilities. >> jon: that was senator jeff flake moments ago on the appointment of matthew whitaker to be acting attorney general. this as the state of maryland files suit challenging whitaker's appointment. let's discuss it with alan dershowitz, professor, good to have you on this morning. the state of maryland argues, among other things, that deputy attorney general rod rosenstein should have been chosen to succeed jeff sessions as attorney general. do they have a case? >> no. i can't imagine a worse choice than rosenstein. he will be the main witness in this case. he is the guy according to woodward gave the president the idea to fire comey and wrote
the memo authorizing the memo of comey. he should be recused. the idea of making him the acting attorney general would be absurd. i think that presidents have the right to fill vacancies temporary. you don't want presidents to immediately the day somebody resigns or is fired to create a permanent subsy tooution. you want the president to think about it. if the president uses interim appointments as a subterfuge not to get confirmation, keeps on with the person or weeks or months at a time then a constitutional issue emerges. if it's a short-term temporary appointment. presidents have always made interim appointments before they've made permanent appointments. the other question the flake raises is a good one. is whitaker the right person for the job? reasonable people could disagree with that and flake has important points. that's very different from the constitutional point as to whether the president has the authority to do it. >> jon: let me give you the
take of chuck schumer, the minority leader. he writes mr. whitaker has not been sub jebted to the scrutiny the constitution requires to ensure he has the character and ability to fulfill the grave responsibilities of this job. talking about the fact the senate has not confirmed whitaker. does he have a case? >> no, he does not. all interim appointments are not confirmed for the position that they are filling. even if you had deputy attorney general rosenstein, the senate didn't confirm him to be the attorney general. they confirmed him to be the deputy attorney general. or what if the president picked somebody from the environmental agency confirmed for that, not this? an interim appointment has not been confirmed for the job that he is serving by definition. you have to give a little bit of flexibility to the president to consider who to appoint permanently. then you have the senate process of confirmation that
could take some time. so interim appointments are an important part of our system and they are being challenged not on correct constitutional grounds. >> jon: there was an interesting memo released by the office of legal counsel for the department of justice. the department of justice headed by the attorney general and they are essentially justifying the fact that matthew whitaker is now the head of that office saying it is no doubt true that presidents often choose acting principal officers from among senate confirmed officers but the constitution does not mandate that choice. basically echoing what you just said. the constitution doesn't require the senate confirm this person for an interim position. >> the office of legal counsel is very independent and make their own judgments. highly respected and generally the president and the attorney general follow the advice of the office of legal counsel.
i think in this case the advice of the office of legal counsel is absolutely sound. if you go back in history you'll find democrat and republican presidents have done this and we live in a hyper partisan environment where everything anybody does is called unconstitutional. and that i think trivializes the constitution and reduces its value. i think it is a mistake to challenge everything on constitutional grounds. the president may be wrong in his appointment. being wrong doesn't make it unconstitutional. >> jon: interesting points. alan dershowitz, harvard professor emeritus. >> sandra: they made headlines for doing a good deed. a couple raising hundreds of thousands of dollars to help a homeless man. turns out they may have made it all up.
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>> coming up nancy pelosi all but daring potential rivals. some democrats are in the pool with 17 signatures on a letter opposing her leadership. whether she can reclaim the gavel and who might be the alternative? >> trump critic senator jeff flake vowing not to vote for the president's judicial nominees until the senate acts on a bill to protect special counsel mueller. whether the threat gives him leverage and will he follow through. >> all that plus our #oneluckyguy. "outnumbered" at the top of the hour. >> sandra: thank you, ladies. meanwhile this new jersey couple could be in big trouble after they raised $400,000 on a gofundme page claiming it was for a homeless man. now we're learning the whole story may have been a hoax. jackie heinrich joins us in the studio for this. >> according to the complaint
the local philadelphia nbc affiliate obtained the couple conspired with the homeless man so that all three could defraud donors and make a profit stemming from a good samaritan tale that prompted donations to a gofundme campaign. last fall kate and her boyfriend shared the story of bobbitt, a homeless marine veteran who gave his last dollar to kate when she was stranded on a freeway out of gas. bobbitt's generosity drew donations from more than 14,000 people. that money was supposed to put a roof off bob it's head but bobbitt sued the couple saying they stole more than half the pot only giving him about $75,000. initially the couple's lawyer denied the claim saying they were holding onto the cash for bobbitt to ensure he didn't spend it on drugs. in september police raided the couple's home and towed away a new bmw and prosecutors launched a criminal probe.
>> not surprised it happened. i wanted to avoid this. basically begged them for a month to try to work out something. >> a new twist alleging that all three were in it together from the-go. a lawyer declined to comment this morning. >> sandra: we'll continue to follow that one. thank you. >> jon: president trump and the first lady departing the white house moments ago headed for the marine baracks not far away. we'll take you there live once the event gets underway. a built in shark handheld. one dock, two sharks. the shark ion robot cleaning system. when you're looking for answers, it's good to have help. because e right time, may make all the difference. at humana, we know
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we are happy to report miles is cancer free. wonderful ending to that story. >> that is a great way to end the story. go, miles. >> that is neat. >> he's doing well. thank you for joining us. "outnumbered" starts right now. >> fox news alert, just hours from the deadline for counties in florida to complete the machine recount of votes. the u.s. senate and gubernatorial races. one county saying they will not finish in time and half a dozen lawsuits still pending. this is "outnumbered," i'm melissa francis, here today is fox news contributor lisa boothe, national security analyst morgan ortagus, host of the fantastic evening edit on fox business network, liz macdonald and joining us on the couched it is jon summers for one-time senate majority leader harry reid. wearing fantast
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