what's unusual, we think everybody is here for us. this is the secret. maria bartiromo has the entire crowd here as she does the business channel. >> maria. >> bill: big crowd. breaking news unfolding on the hill as we await james comey for his second round of questioning with top house committees. i'm bill hemmer. hope you had a great weekend. it's monday. does it feel like it? >> sandra: it feels like a monday. >> bill: christmas a week away. >> sandra: i'm sandra smith. comey set to appear before house lawmakers in one hour. the second session coming ahead of sentencing tomorrow for former national security advisor michael flynn who pled guilty to lying to the f.b.i. here is congressman darryl issa. >> tomorrow is a big day to at

least ask some very specific questions on new revelations and things that we didn't get to because comey very carefully put a hard stop in that allowed him to get out and take a breather. >> bill: team fox coverage. kevin corke is at the white house. catherine herridge is on the hill and where we begin. good morning. >> thank you, bill, good morning. we expect the former f.b.i. director here on capitol hill at any time. last week he came around 9:30. about a half hour from now if he sticks to the same schedule. republicans want to ask him questions about his decision to document his conversations with the president and how one was leaked to the media and his decision making and handling for the interview of the former national security advisor mike flynn. >> he thinks the rules don't apply to him. last week he said he got away

with not following the rules when they interviewed mike flynn. got away with not actually allowing flynn to have his constitutional rights when the f.b.i. interviewed him and a host of other things that weren't consistent with how you are supposed to do things. >> republicans say they hope more of their questions will be answered. the house government oversight committee trey gowdy was critical of comey last week. he said that he failed to answer questions more than 240 times citing the fact that he didn't know, couldn't remember or simply could not recall, bill. >> bill: 240 times. that's a lot. we'll see what gives today. thank you. >> sandra: tomorrow is sentencing day in the case of michael flynn, president trump's attorney rudy giuliani saying what they did to get flynn to plead guilty -- >> he pled guilty to lying.

>> he knows what flynn said to his vice president. >> that was a lie. but that's not a crime. what they did to general flynn should result in discipline. they are the ones who are violating the law. they are looking at a non-crime collusion, the other guys looking at a non-crime, campaign violations, which are not violations. >> sandra: kevin corke is live from the north lawn. do we expect to hear from the white house as flynn's sentence approaches? >> yes, we do but the tone will likely be fairly muted but maybe a strong reaction to follow. now that is in part because, as you no doubt have pointed out throughout the last several weeks, flynn is facing time behind bars for lying to investigators in the ongoing russia probe but there are some involved in the questioning who frankly didn't fiel like he misled them. but of course it was flynn's statements and inconsistencies that did him in. late last week you might recall

special counsel bob mueller came under fire because of his team's approach in questioning flynn without a lawyer. you heard jordan talking about that not long ago. mueller then chided flynn for knowingly making false statements but also said his cooperation means he shouldn't face jail time. now you might be wondering about the president. he has lit up twitter talking about this very subject writing this. it looks as though general flynn's defenses are incidental to something larger which is for the prosecution to figure out if it can find a path to donald trump without quite knowing what that crime might be. it stops looking like a prosecution and more like a persecution of the president. now, the president there in his tweet is quoting the "wall street journal." people are starting to see and understand what this witch hunt is all about. jeff sessions, wow, should be ashamed of himself for allowing this total hoax to get started

in the first place. tough words there for the former a.g., sandra. >> sandra: so what is the likelihood, kevin, that the general gets a full pardon from the president? >> well, i would be careful in how i framed this because i think the white house is trying to be very careful to not tip its hand. i don't think there is any doubt there is a sense here in washington and in particular at the white house that flynn may have gotten a raw deal. so if the question is will he be pardoned by the president, if you are putting money across the table and out in las vegas i would say it's a fair bet. that said, the president wants to be tight lipped about that prospect. i've talked to white house officials and they're being tight lipped. they want to see how things turn out tomorrow, which would seem to be good advice. >> sandra: kevin corke at the white house kicking things off on a monday morning. thank you. >> we'll do whatever is necessary to build the border

wall. the democrat party is a simple choice. they can either choose to fight for america's working class or to promote illegal immigration. >> that was the line of the moment from stephen miller, white house senior advisor saying they'll do whatever it takes to get funding for the wall as a shutdown looms by friday. byron york, congress has been out for a couple of days. >> they're in the middle of a six-day weekend. they've given themselves a six-day weekend and they'll come back to try to figure out the rest of the spending bills. look, the wall along the u.s./mexico border was president trump's premier campaign promise. we heard him over and over and over promise to build a wall. and he has had chances in his first two years in office, very specifically this year in march passing a big spending bill. there were negotiations.

it looked like it might be possible to get $25 billion, the whole amount, to build the wall in exchange for giving amnesty to all of the daca recipients. as it turned out the white house added on extra demands, the whole thing fell apart and then in september another big spending bill was passed and republicans urged the president not to go ahead with wall funding or push for wall funding then because they worried it might hurt their chances in the mid-terms. they go ahead and lose anyway. so now here we are. and in the house, republicans are lame ducks and it seems very unlikely they will be able to pass this. >> bill: that is a critical point. first chuck schumer from sunday said the following. he said it won't happen. watch. >> trump should understand there are not the votes for the wall in the house or the senate. he is not going to get the wall in any form. even the house, which is a

majority republican, they don't have the votes for his $5 billion wall plan. he shouldn't use innocent workers as hostage for his temper tantrum to throw a bone to his base. >> bill: something else from nbc the point being if you do not get it done now, which i think is the point you were making, nancy pelosi is not going to give him a victory in the new year, is she? >> absolutely not. remember that amazing session they had with pelosi, schumer, and the president in the oval office last week. trump was saying oh, i've got the votes in the house. it is just the senate the problem. nancy pelosi was saying no, you do not have the votes in the house. it appears pelosi might be right. we'll have to wait and see if all the republicans come back, all the lame ducks who are kind of on the way out anyway, if they come back and then if they are inclined to push for this $5 billion. remember, earlier in the year we were talking about the whole amount, $25 billion to build

the wall. now the president is asking for $5 billion and congress is saying no, we gave you 1.6 and that's all you're going to get. by the way, you can't use it to actually build a wall. you can only use it to upgrade existing fencing. >> bill: two more things come back to the miller comment a moment ago. democrats have to decide whether they want to work for america's working class or promote illegal immigration. that was at the essence of the trump rallies during the campaign of 2016. >> it absolutely was. you've heard a number of democrats try to copp operate this message. they're for strong border security but not a wall. there is a real disagreement on that. a lot of experts say a wall is pretty darn effective if it's in place. but all sides are going to be saying they favor strong border security. >> bill: another point here susan collins on the shutdown.

watch from sunday also. >> i hope it would be good enough for the president because keep in mind that the president's budget this year had $1.6 billion for the wall. there is a compromise and people will come to the table in good faith on both sides. we have to prevent a government shutdown. >> bill: most of the government is funded already, a point many lawmakers have made. what about her point about come to the table and compromise. when does that happen >> an important point. 3/4 of the government is already funded, no need for additional funding legislation. not clear where a compromise would actually be. you have democrats and charles schumer has the power as the minority to block things in the senate. you see democrats saying no more. not a penny more than the 1.6 billion that senator collins referred to. so unless there is some sort of

breakthrough, unless trump makes them an offer they can't refuse, we'll have to see. >> bill: nice to see you on a monday. great analysis. well done, thank you. >> sandra: rudy giuliani slamming special counsel robert mueller saying there is no way president trump will do a sit-down interview. alan dershowitz will be here next to weigh in plus this. >> after obamacare was passed many people lost their insurance. premiums doubled. government never does big things really well. i'm for more of a step-by-step and i want to start with the first step of people with pre-existing conditions. >> bill: a lot of reaction. a texas judge struck down obamacare saying it's unconstitutional. president trump calling on congress to pass a law to replace the affordable care act. democrats vow to appeal it. congressman david cicilline joints us later this hour. >> sandra: the missing colorado mother, kelsey berreth, why

authorities say her disappearance is suspicious and have issued a search warrant for her fiances home. >> we're considering every possibility. i'm not going to jump to conclusions or label people in this highly complex investigation. whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy!

>> does the special counsel want to interview the president? >> good luck after what they did to flynn, 14 days for papadopoulos. i did better on traffic violations than they did on papadopoulos. >> no interview? >> they're a joke. over my dead body. >> bill: he had a lot to say over the weekend. alan dershowitz wrote the book the case against impeaching trump. good to have you back. good morning to you. over my dead body. i think it was the quote of the weekend pretty much tells us it is not going to happen, would

you agree? >> oh, yeah, i think every reasonable defense attorney would give the same advice. we remember very carefully the martha stewart case where they got her for talking to the f.b.i. and then flynn. look, the flynn case is fascinating. i hope the judge understands when he has the case tomorrow that flynn did not commit a crime by lying because the lie has to be material to the investigation. and if the f.b.i. already new the answer to the question and only asked him the question in order to give him an opportunity to lie, his answer even if false, was not material to the investigation. lying to the f.b.i. is not a crime. >> bill: why not just tell the truth especially if everybody knew what was going on? quickly on giuliani. you saw him on fox with chris wallace. you saw him on abc with stephanopoulos. did he show any cards in either of those interviews do you

think? >> i think he has made it very clear the president is finished cooperating. he understands it's an adversarial hearing. mueller will do anything to try to get people to sing or perhaps even to compose and that cooperation is now off the table. it was on the table early on in the investigation. and then it became clear to the trump defense team that cooperation was getting them nowhere. there were determined to get trump by squeezing all the people around him. i think the cards that were shown yesterday were that this investigation as far as trump is concerned in over unless they try to subpoena him and then we have a constitutional conflict because trump asserts article 2, another constitutional rights. we go to court and don't have a mueller report for a long time. i suspect we're on the way to the mueller report but find no

crimes but political sins, not the proper function of a special counsel. the inquisition found sins but prosecutors are only supposed to find crimes. >> bill: what do we need to understand about this sentencing tomorrow with flynn? >> two things. number one, i think the judge has the authority to throw out the plea if he believes the plea was not to a crime. i have think he should find as a matter of law that when you tell an untruth to the f.b.i. about a matter that they already know the truth about, they already know the answer. when the only purpose of the question is to get you to lie, that's not a crime. that's not a material misstatement. if he doesn't throw it out and it would take a lot of courage to throw it out, i think we're seeing probably a probationary sentence. whether we see a pardon or commutation afterward is a political issue i'm not familiar with. >> bill: late on friday a lot of folks running around that afternoon mueller came out with

a statement saying with regard to these charges of entrapment a lot of pieces written last week that flynn was entrapped in the interview. special counsel felt compelled to say it was not entrapment. we were not there to set you up. how did that strike you? >> well, i don't think that's right. i think a lot of people misinterpreting the issue. the question as mueller put it was did he lie or was he treated unfacial?-- unfairly. the both is true. he knew there were transcripts. but was he treated unfairly? the answer is yes. told not to have a lawyer present. made to relax. made to feel it was just an opportunity to schmooze with some f.b.i. buddies and they spring the trap on him. they asked him a question to which they already knew the answer not for purposes of learning the truth, they knew the truth, but for purposes of

giving him an opportunity to lie. the question for the american public is do we want the f.b.i. to be springing morality tests on our citizens, criminal morality tests, giving them the opportunity to lie and giving them the opportunity to tell the truth? that's not a proper function of law enforcement. i hope the judge would see that and say something about it. >> bill: the question whether or not he talked to the russian ambassador. within his role he would have had authority to do that, correct? had they asked the question -- >> no question what he did was legal. >> bill: so why didn't he tell the truth bit? >> you're right, he should have told the truth. it leads to the possibility, the possibility that maybe he really was not lying. that's what the two f.b.i. agents concluded. maybe he just momentarily forgot. he didn't seem to be lying. no motive to lie. no reason to lie. he is an intelligent guy. maybe he didn't lie. maybe he told an untruth which

he believed was true at the time. i'm not saying that's the case but that should be considered. >> bill: will we get that answer tomorrow when flynn appears? >> i think we'll get some answers tomorrow. we won't be able to probe into his mind tomorrow and never know why a man with his background and intelligence who knew the f.b.i. had the information, why he would not just say i did it, i'm proud of it. it was within my authority. next question. >> bill: unless he speaks tomorrow we'll wait on that. alan dershowitz, thank you for being with us today. >> sandra: fox news alert on the case of a u.s. army green beret charged with murder in the death of a susected terrorist nearly a decade ago. now president trump is stepping in. the action he is taking next. >> what is it like going from war hero to accused war criminal? are you angry? >> no.

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in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. >> did you kill the taliban bomb maker? >> yes. >> you willingly offered up these details at the c.i.a. >> right, correct, that's where it all started pretty much. >> sandra: that was matthew goldstein in 2016 confessing to killing a suspected terrorist nearly 10 years ago during combat operations in afghanistan. the former green beret facing a murder charge in the man's death. now president trump has chosen to step in tweeting this at the request of many, i will be reviewing the case of a u.s.

military hero major matt goldstein who is charged with murder. he could face the death penalty from our own government after he admitted to killing a terrorist bomb maker while overseas. let's bring in fox news senior strategic analyst general jack keane. good morning to you. we're all following this story and the father of goldstein appeared on "fox & friends" this morning and said this. >> we're very blessed for that he has come back in one piece and now to be going through this a second time when he is being threatened to be charged with murder and possible execution by our government, it's really hard to understand. >> sandra: it is hard for us to understand. he was cleared 10 years ago of this and then appeared in that interview on fox news in 2016 and the military reopened the investigation. why? >> well, that's what makes this

case so unusual because goldstein self-incriminateed himself twice by telling the truth. once to a c.i.a. lifestyle polygraph test when he admitted he had committed this. and once again on national television just a couple years ago. when the army first came to be aware of it as a result of the c.i.a. investigation they took a look at it and found him guilty of conduct unbecoming an officer and stripped him of the decorations that he had earned that are associated with this event and also special forces officers took the special forces tab away from him and he was discharged. so it does beg the question why years later is this being reopened? i understand -- i take it on face value the reason why it's being reopened is because the army also observed the interview where he incriminateed himself in what appears to be a murder in the

sense that we don't authorize our soldiers to go out and apprehend somebody who is suspected to be a killer or bomb maker or terrorist and then kill that person. that in our judgment is a violation of our code of conduct. subject to -- >> sandra: i'm sorry with due respect. i'm trying to figure out where you stand here. what do you think needs to happen here? >> well, i think the president intervening here, he certainly can do that. there is a process that's ongoing. he is being charged. it doesn't mean he is going to court-martial. there is a reviewing authority what has to look at it. let's put the facts on the table. the president will ask the chief of staff of the army to take a look at it who is the officer that the president has selected to be the next chairman of the joint chiefs. these are two people he has confidence in. even if this goes to trial, let's say that.

what would happen there, a jury would be of his peers, at least his rank of major or higher. all of them will have served in combat. there is no thought that punishment would be rendered as being suggested here which is obviously the limits of what that crime would suggest. but -- i am concerned, i don't know why now after all of these years this thing is happening again? i think it's worthy to ask that question of the army. what has precipitated you in taking a look at this? i thought you rendered some judgment upon this a number of years ago. and found the officer's conduct unbecoming and you took some action against the officer for that. so i think that question is worth asking. >> sandra: i want to finish quickly with this pentagon statement. the latest from them. the allegations against major matt goldstein are a law enforcement matter and we will

provide updates when appropriate. we'll await those. general jack keane. great to have you on the program. merry christmas and happy holidays to you. nice to see you. >> bill: 9:30 in new york. new details coming in on the missing colorado mother. while investigators are now searching her fiance's home. >> sandra: it is a shutdown showdown in washington all over border wall funding. so which side will blink first. >> bill: we'll watch that all week. nfl player post-game celebration puts everyone in the holiday spirit. check it out. merry christmas. happy christmas.

>> sandra: we are a few minutes into trading here kicking off

another week on wall street. could be another wild one. the dow opening slightly lower after falling 500 points to close on friday. 3/4 of a percentage point loss a couple minutes in. 170 point loss on the dow. by the way, the dow and s&p are down 2 1/2% for the year heading into the final trading days on track for their first annual decline since 2015. >> bill: i don't like that. >> sandra: not so good. >> bill: at all. >> sandra: for those keeping track. >> bill: that's coal in your stocking. kelsey berreth not seen since thanksgiving. over the weekend investigators turned their focus to her fiance. they searched his home. >> police in woodland park, colorado say 75 people helped with the search of the home and property of kelsey berreth's fiance patrick phrasey. it started friday and went through the weekend near a

small mountain town not far from woodland park where kelsey was last scene. they removed one vehicle from the property. investigators aren't sharing what if any evidence they found related to the 29-year-old mother's disappearance. they do say she is still considered missing and has been for more than three weeks now. the last person to see her face-to-face according to police is her fiance who she shares a child with. kelsey's mother said the two have never lived together, however. he says his client has been cooperating fully will authorities. provided an dna sample, and handed over his cell phone. the man has not participated in an interview yet. >> we're asking patrick to sit down with investigators since he is the last person to talk with kelsey face-to-face based on our investigation. there have been numerous questions whether patrick is a suspect or person of interest.

at this point we're considering every possibility and i'm not willing to jump to conclusions or label people involved in this highly complex investigation. >> no suspects have been named so far in the case. >> bill: thanks, the mystery deepens. >> sandra: stephen miller sounding off on the stand-off in washington we're days away from the government partially shutting down if no compromise is reached. let's bring in brandon judd, president of the national border patrol council. i want to listen to steven miller from the white house on this. >> at stake is the question of whether or not the united states remains a sovereign country and establish and enforce rules for entrance into our country. the democrat party has a simple choice. they can either choose to fight for america's working class or to promote illegal immigration. >> sandra: that was the senior advisor to the president on what he sees is at stake in all

of this. how do you lay it out for the american people? >> if you listen to stephen miller what he said there you're almost hearing it straight from the horse's mouth minus the president you're talking about the top aide on immigration. from a border patrol standpoint, from a standpoint of somebody who puts on the uniform and goes out and patrols the border i have skin in the game. this will affect me and my personal life. i can tell you that i support 100% the president if he chooses to shut down the government over the border wall. we have to have border security. we have to end this debate. the border wall is one of those key components that will allow us to finally secure our border and put to bed this question once and for all. >> sandra: the way the president puts it in a tweet this morning saying at stake is the question over whether or not -- any time you hear a democrat saying that you can have good border security without a wall, write them off

as just another politician following the party line. time for us to save billions of dollars a year and have at the same time far greater safety and control. this is a shut down showdown, brandon. one side has to give. who is it going to be or which side is it going to be? >> i hope it's going to be the democrats. the democrats have recognized that physical barriers are absolutely necessary. they voted for it in recent history. if you look at it, you have to ask yourself why are they not going for it now? this is about politics. this isn't about the american public. it isn't about what the american public has demanded which is border security. this is about securing the votes for their base. it is not about the american public and that's got to stop and we're hoping the democrats blink. >> sandra: here is customs and border patrol. >> we see families going out to

the most remote areas of the border, and crossing in large groups. any time we have barrier it prevents that kind of activity. >> sandra: you hear that and you hear these first-hand accounts of what exactly is being seen, what is happening at the border, and you wonder when we look at this debate that's happening in washington right now, we just wonder where is this all going to end? we're up against the final days of the year. final words. >> well, if you look at it, antelope wells is very close to my old stomping grounds. i used to work in that area of new mexico. i can tell you that if you look at the areas where we have placed fences, physical barriers, illegal immigration has dropped exponentially. why anybody would think it's not going to work if we expand that out, they're absolutely wrong. again, the democrats need to get on board with this. the american public wants it. let's get it done. >> sandra: by the way, the president tweeted this

yesterday on the treatment of families saying the democrats policy of child separation on the border during the obama administration far worse than the way we handle it now. remember the 2014 picture of children if cages, the obama years. if you don't separate far more people will come. smugglers use the kids. brandon judd, great to get an update from you. thanks for coming on this morning. >> bill: 20 minutes before the hour now. sunday night football didn't disappoint. thrilling game in l.a. the rams hosted the eagles. nick foles leading the eagles to victory keeping hopes alive. sandra smith and chicago bears clinched the nfc north. but here is the headline. offensive tackle asked his girlfriend will you marry me on the field for his teammates to say and she said yes. >> sandra: that looks like a

yes to me. go bears. should have seen the family texting going on during that game. >> bill: what happened? cincinnati won, too, in case you were wondering. 20 before the hour here. james comey is on the hill arriving right now for what will be the second session of closed door testimony in about a week's time. i hear a lot of things go off. leave the keys, check the cell phone. testimony will begin in 19 minutes. stand by. we're back on that story in a moment here on "america's newsroom."

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the investigations and operations done? will you take some of our questions, please? republicans say you refused to answer or could not answer the questions 241 times. >> sandra: that's comey arriving on capitol hill a few moments ago and go behind closed doors answering questions once again second time in 10 days. answering questions from house judiciary and oversight committees. republicans want to know more about the hillary clinton email case, the f.b.i.'s use of the dossier on president trump among other things. so james comey has arrived and he will be there probably for the next few hours. >> president trump: if the republicans and the democrats get together, we are going to end up with incredible healthcare which is the way it should have been from day one. and it is going to happen. it now has a chance to happen. >> bill: the message over the weekend after a federal judge ruled obamacare unconstitutional. democrats vowing to challenge that decision which could take months or years to decide.

democratic congressman david cicilline with me. thank you for your time. what about the whole idea of working together so you can get around all these court fights, court fights that could last a very long time? >> well look, i'm always supporting working together. we should remember this court ruling has 17 million losing health insurance and coverage for pre-existing conditions. it would be devastating for working families in this country. democrats have always been willing to work together. we should remember that republicans have tried more than 50 times to repeal the affordable care act and had no replacement for it. the president's great idea was trump care with 32 million people would lose their health insurance and so would coverage for pre-existing conditions be eliminated. everyone has a right to be skeptical of their idea of a

better plan. we want to build upon the success. drive down costs of consumers. >> bill: cost is a big deal and it's not happening. we can debate whether you get more flexibility to give consumers more options. when you talk to health officials and experts and people seeing patients they come back to that. a tweet from over the weekend from the president. the deductible that comes with obama is so high it's not usable. hurts families badly. we have the chance to work with democrats and -- >> i think great healthcare came about with the affordable care act. we have to work together to improve it. it is not perfect. we need to drive down healthcare costs and drive down the costs of prescription drugs. democrats have plans to do that if our republicans colleagues will work with us and get it done and abandon the idea of taking away healthcare from millions of americans.

we start off with the premise we want more people to be covered. want to drive down costs and deductibles and the cost of prescription drugs and building on the affordable care act is the best way to do it. >> bill: the serverability clause is something you have to get around and what john roberts was thinking about a couple of years ago when he ruled on the mandate versus the tax. i don't want to relitigate that now. this is what i hear from doctors. the program set up as a cadillac when you probably don't need a cadillac. maybe a good chevrolet will do so you get the prices down. get rid of the regulations. and you make this more affordable and more flexible. that's what i hear on that. >> i think we want to drive down the costs but taking away the individual mandates, take the healthy people out of the pool as the republicans did in their tax bill is another way to undermine this. we want to expand coverage. drive down costs.

we're willing to work with the republicans and president if they're serious about that. what we've seen instead is effort after effort after effort to take away healthcare completely. to take away coverage from pre-existing conditions and the republicans promised they would do that and this court decision -- >> bill: what they want to do is expand the possibilities for how you can build better programs and this goes back -- >> i'll let you get the final word. this goes back 8, 10 years ago. 50 laboratories all over the country. let them figure out what's best for the people who live in those states and then you come up with the next great healthcare plan that the whole world looks up to. last comment on that. >> i think that's what we did with the affordable care act. the first step. we need to build upon its success. what we've seen instead is not republican colleagues willing to work with us to improve it but are committed to repealing it.

in its entirety. the republican attorney general got the decision they want to take away the affordable care act from millions of americans. we won't let that happen. we're committed to making it better but protecting access to healthcare for all americans. >> bill: come back and spend more time with us. the democrat from rhode island. thank you, sir. >> sandra: saudi arabia firing back after the senate resolution cut u.s. support over the war in yemen. where does this go from here? ♪

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>> bill: there is a new report that gives perhaps the most in depth look at russia's disinformation campaign during the 2016 election. "washington post" reports prepared by the top technology firms for senate intel

committee they used every social media platform to tailor messages to users to elect then candidate trump. the "washington post" saying the committee plans on releasing the report later in the week. we'll bring you updates on that as soon as we get the information here at fnc. >> sandra: fox news alert. saudi arabia strongly rebuking resolutions passed by the u.s. senate. one calling for an end to u.s. military support for the war in yemen. another blaming crown prince mohammed bin salman for the murder of columnist jamal khashoggi. amy kellogg is live on this from london this morning. >> with that rebuke saudi arabia put out a detailed defense of its role in the region. its fight against terrorism and efforts to keep iran at bay. in a foreign ministry statement the kingdom of saudi arabia rejects the position expressed recently by the united states senate which was based on unsubstantiated claims and

allegations and contained interferences in the kingdom's internal affair undermining the kingdom's role. reaction to the senate vote to lay the blame for khashoggi's murder in october at the crown prince's feet. >> this is now unanimously the united states senate has said that crown prince mohammed bin salman is responsible for the murder of jamal khashoggi. that is a strong statement. i think it speaks to the values that we hold dear. >> the senate also voted to withdraw support for saudi arabia in the war in yemen, a war that increasingly is coming to be known for widespread destruction and the starvation of children. president trump has not pointed the finger of blame on the saudi crown prince and clear that keeping the political and economic alliance with the saudis alive is his priority.

now, sandra, again there has been no smoking gun of blame in this story. the c.i.a. has reportedly said that it believes that the crown prince would have been somehow involved in the plot to either capture or kill khashoggi but the saudis have said that repeatedly they believe it was a rogue operation. sandra. >> sandra: thank you. >> bill: james comey is back on the hill, round two of testimony gets underway in a matter of moments. we're tracking that behind closed doors. federal judge says obamacare is unconstitutional. the big question will that ruling stand? some senators have their doubts and mike huckabee has a lot on his mind the take on this coming up live in a matter of moments. come on back next. if i built a van, it would carry my entire business. i'd make it available in dozens, make that thousands of configurations. it would keep an eye on my fleet. [ beeping ] and an eye out for danger. with active brake assist.

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call today. and get the financial peace of mind every veteran deserves. go to newdayusa.com, or call 1-877-236-1855. >> sandra: it's a fox news alert. former f.b.i. director james comey officially back on the hill this morning less than two weeks after telling lawmakers i don't remember, or i don't know more than 200 times. welcome to a brand-new hour of "america's newsroom," monday morning i'm sandra smith. >> bill: i'm bill hemmer. how many times do we say that a day? not 200. the fired f.b.i. director is meeting with committees behind closed doors. second time in 10 days. mark meadows earlier today. >> that briefing that happened apairtently where the two pages

that direct or comey was using to brief the president is not consistent with some of the other testimony we have. specifically he was briefing the president on private clients. what private clients was he talking about if he learned about those later? why would he have been briefing the president in january on that? those are the inconsistencies i'm talking about. and hopefully he will be able to clarify that today. >> bill: a brand-new week live on the hill with mike emanuel. what do we expect? >> round two of james comey against republicans on house judiciary and oversight. we saw comey arrive a short time ago as you mentioned. his second visit with these republicans on capitol hill in the past 10 days. comey faced questions about the f.b.i.'s use of the dossier on president trump and russia in part of the russia probe and lawmakers grilled him on the bureau's handling of the hillary clinton email case. house republicans were frustrated with the questions comey could not or did not

answer after saying he did not know or could not recall in answer to their questions. >> you have to look how he handled one versus the other. remember he called the clinton investigation a matter. and yet seven different times in the comey memos when he is talking about his interactions with the president he references the fact that president trump wasn't under investigation and he wouldn't say that, though. he allowed to country to think that he was. >> bill: for democrats on the hill their concern is about protecting special counsel robert mueller and allowing mueller to finish his work and most are trying to keep a handle on talk of impeachment. >> we should make sure that mr. mueller is unimpeded. that he finishes his investigation and make sure that that report is public. and then we should make a decision on the totality. impeachment has a lot of different ramifications. we certainly think no president is alove the law but i think

it's wise to wait for the report. >> comey has called out congressional republicans on twitter for not standing up for the f.b.i. it could be a feisty session today. >> sandra: let's bring in our a-team. lisa boothe, a fox news contributor. mary anne marsh former senior advisor to john kerry and tom bevan from real clear politics. tom, comey has arrived and he is on the hill right now and behind closed doors and answer more questions today. what changes from this moment? >> we'll see. not much. i thought it was interesting the back and forth between trump and comey over the weekend on the tweeting. james comey saying look, if you really -- stand up and defend the f.b.i. and rule of law. james comey has done more by

his actions to undermine the f.b.i. he said last week took a shortcut because this administration was new, inexperienced and chaotic and i could get it done that way. the memos he leaked. the way he handled the hillary clinton investigation. this is why republicans want to see him and grill him again because he really has a lot to answer for. >> sandra: you don't have to paraphrase. here is the back and forth. the president on the cohen raid, michael cohen only became a rat after the f.b.i. did something that was unthinkable and unheard of until the witch hunt was illegally started. they broke into an attorney's office. why didn't they break into the dnc to get the server or crooked's office? and then the former f.b.i. director james comey tweets back to the president this is from the president of our country lying about the lawful execution of a search warrant issued by a federal judge. shame on republicans who don't speak up for the f.b.i., the rule of law and the truth, lisa. >> i think tom is right in the

sense the more james comey has been out there the more president trump looks right in firing james comey. hillary clinton would have fired comey if she had won the election. it looks like he lied to congress a couple times. the leaking of the memos, the i.g. report saying that comey was insubordinate and the numerous times he's gone outside of protocol. he told congress the trump team was under investigation while telling the president behind the scenes that he wasn't under investigation. he told president trump that cnn was looking for a news hook regarding the dossier after the private meeting. the dossier was leaked and reporters were given a reason to publish it. i don't understand how anyone can look at james comey with any lens of credibility and wonder if there was bias at the f.b.i. he told people to vote for democrats in mid-term elections and saying republicans should be denouncing the president. why does anyone even care what james comey has to say?

come on. >> bill: i will tell you one person who does, mary anne marsh. best setup of the week. >> i think this has less to do with james comey and trump's outbursts have everything for the sentence of flynn. the reason his -- we may find out more tomorrow about why flynn will get the sentence he is going to get in lieu of that information. believe me trump knows that this is not going to end well for im. >> bill: it will happen during "america's newsroom" as it comes along. i want to know if flynn gets a chance to speak tomorrow. >> he will. >> bill: we'll see. i talked to dershowitz last hour and he wasn't convinced. here is what we need to know from flynn. why was the lie -- why did the lie even take place in the first place? because he has the authority to

speak with the russian ambassador at the time. >> that's not true. >> i disagree with mary anne. the more we learn about the flynn case the fishier it looks in the way it was executed and set up. rod rosenstein admitted no lawyer necessary. we found out about the 302 that was filed seven months after the fact. it wasn't a summary of interview, it was is summary of peter strzok about that interview. we're learning a lot. i don't -- mueller did not even ask for jail time for flynn, which is unprecedented in the situation. >> a couple things here. that should tell you he gave up all the goods on everybody. >> bill: heavily redacted. we don't know. you assume something to be there. we don't know and what we're waiting on. >> those conversations he had some happened before they were office with the kislyak and the quid pro quo. one happened before they were

in office. >> congress -- the obama administration cited the logan act as part of the concern and the need to talk to michael flynn. that is a joke. the logan act has been around for 218 years and nobody prosecuted under it. the big thing nobody is paying attention to why was it a counter intelligence investigation. guidelines for special counsel criminal investigations and establish a crime in order to appoint a special counsel. counter intelligence investigations allowed for open-endedness. you don't have to establish a time from the beginning. it allows for a fishing expedition. >> logan act was 1804. mary anne has a way of waking me up on a monday. >> me, too. >> bill: here is giuliani with chris wallace from "fox news sunday". >> he is a special counsel. does he want to interview the president? >> good luck. after what they did to flynn, the way they trapped him into

perjury and no sentence for him. 14 days for papadopoulos. i did better on traffic violations than they did on papadopoulos, they're a joke, over my dead body. >> bill: the position of professor dershowitz as far as giuliani and trump are concerned the mueller matter is over. you got a written answers, there won't be an interview. that's that. tom. >> well, that's the administration's position. to your point, we don't know whether this thing is just wrapping up. some people think it's heating up and more going on. offshoots in all directions. it would be nice if mueller would wrap up what his official mandate was. the answer of whether or not there was collusion. there doesn't seem to be any evidence we know of in the public right now that occurred. and we've got all sorts of other investigations going on. critics or supporters of trumps will say they're not germane.

the idea he committed an fec violation about something that happened years ago is not what we were promised and what bob mueller was supposed to be doing. >> the problem for trump is, if he tells the truth in an interview with mueller he is in trouble. if he doesn't, he is in trouble. it is not up to any of them or mueller. it will be up to a court whether he does the interview or not and they plan to go to the supreme court to fight that interview. >> you don't necessarily know that. giuliani said they provided 1.4 million documents. 32 witnesses. the president answered the questions. you can't say he hasn't been an active participant in the mueller investigation. he has. his team has played ball and given them information. for the president there is a particular point of frustration in looking at the way hillary clinton was treated versus him. cheryl mills and huma ab dan who knew hillary clinton had the server.

they lied about it. destruction of evidence. cheryl mills was allowed to represent hillary clinton as her attorney to shield her. the difference between the way the two investigations are conducted should be troubling for everyone. why wouldn't president trump be raising alarms looking objectively at the two. >> bill: thank you very much. >> sandra: come back. >> you need more coffee. >> bill: thank you all. the partial government shutdown deadline is out there. four days from now the whole battle comes down to border wall funding. the president wants $5 billion. the democrats say he won't get that. the president of the national border council here on our program last hour. >> i support 100% the president, if he chooses to shut down the government, over the border wall. we have to have border security and end the debate. the border wall is one of those

key components that will allow us to finally secure our border and put to bed this question once and for all. >> bill: peter doocy is live on the hill. are democrats willing to meet in the middle? >> no, doesn't sound like it. the democrats have counted up all the votes out there for a bill with a border wall in it and think they have the upper hand. >> president trump should understand there are not the votes for the wall in the house or the senate. he is not going to get the wall in any form. even the house, which is a majority republican, they don't have the votes for his $5 billion wall plan. >> part of the reason votes are so tough to round up for this is there is a big block of republicans in the house, including some who lost reelection who say they've gone home for the year and won't be back to vote on anything. but the white house is not budging. they were signaling this weekend this is a fight they want. >> we're going to do whatever is necessary to build the border wall, to stop this

ongoing crisis of illegal immigration. >> there are a lot of prominent republicans in the senate like lindsey graham who support the white house's approach here. >> bill: also, peter, when will senators vote on criminal justice reform? is that soon? >> it is soon. they'll start the debating tonight but expect a lot of amendments from republican lawmakers like tom cotton who wrote in the national review this with respect to my conservative friends and colleagues they have jumped on the band wagon too soon. a number of serious felonies are still eligible for early release in the version of the bill the senate will vote on in a matter of days. democrats are saying they hope mitch mcconnell lets them mark this bill up, too. >> i think it can be achieved in a few days. we'll start the debate monday night. he can't just turn to the republican senators who oppose it, four or five who do and stay you get amendments and no one else can.

>> watching mitch mcconnell will be interesting. he initially said there was no time for criminal justice reform this year bust -- but he made time. >> bill: peter doocy on the hill, thanks. >> sandra: the stock market taking a big hit on friday. now the dow is down triple digits, nearly a 200 point drop there. can it rebound? what's in store for the week? >> bill: federal judge says obamacare is unconstitutional. lawmakers on both sides seeing the decision. will it stand up? should it stand up? former arkansas governor mike huckabee has a lot to say when he joins us later this hour right here. stay tuned. >> it's an awful, awful ruling. we're going to fight this tooth and nail and the first thing we'll do when we get back there in the senate is urge -- put a vote on the floor urging an intervention in the case.

>> bill: 18 past. the dow stuck at the moment. took a major dive on friday. some investors saying the economy is likely to fall into a recession next year. come on. >> sandra: some economists. >> bill: my word. david asman has a bag of coal. he is the host of bulls and

bears on the fox business network and with us now. >> sandra: always good to see you. >> bill: what are you seeing and hearing and feeling? >> first of all, if there is a recession, it is not going to be like the last one a great big recession that started with a bang. we have three slow moving train wreaks happening in the world economy. the first one are the trade woes. it is beginning -- the trade tariffs are beginning to hurt companies worldwide. not just the cost of the tariffs but the supply chains that are being interrupted. it took decades to develop these supply chains around the world. when a u.s. company wants to manufacture in japan or china you have to set up the supply chains. those trains are being broken and it's difficult. there is a global slowdown happening all over. part is because of trade. part is because of brexit, part of it is because france and other countries have been doing the wrong thing. the third slow-moving train wreck is the federal reserve and central banks around the

world are raising rates again. they've been giving away free money to get out of the great recession 10 years ago doing it for 10 years. finally they're beginning to raise rates again and our federal reserve might be doing it too quickly. that's what president trump has been arguing and other economists are arguing the same thing. this wednesday the federal reserve decides to raise rates. they probably will. there was a fight between the president and federal reserve chairman how quickly they should raise rates. he will probably raise rates a little bit. not much. but he may say in addition to raising rates i'm unlikely to do in the future. the slow moving trains doesn't mean we'll have a recession but more likely. >> sandra: what is this on wall street looking at the stock market and the possibility of recession. these analyst notes have been sneaking in about the possibility for some time.

seems like it's becoming -- >> i don't think there is consensus. jerry baker was a former "wall street journal" letter has a great show on fox business network friday nights. she said it is likely. first of all there will be a recession. there always has been recessions, there always -- it is a question of when. the biggest gap between recessions was between 1991 and 2001. that was a 10-year gap. in june the next june, june 2019 it will be 10 years since our last recession. so a lot of people are saying since 10 years is the longest we've ever gone in terms of a gap between recessions we're hitting that point again. it has to happen >> sandra: she was talking to jerry baker there is 100% we'll get another recession in the next year i think trade holds the key. >> i think trade is the key but there are a lot of people that are thinking if -- we have a businessman as president.

he won't allow that to happen. he realizes that a recession prevented george w. bush from becoming, it happened right during his reelection campaign. he doesn't want the same thing to happen to him. >> bill: google announced a big deal here in new york, what amazon announced their big plans, apple has announced their plans and what is google up to in new york city? >> greenwich village is one of the most condensed places in the world. we live in manhattan. them owe put 1.7 million square feet, an extra 1.7 million square feet filled with 7,000 new employees in greenwich village. how will they squeeze all those folks in? they'll try to do it. if you have any real estate in new york it became more valuable. it says google is doing fine. it says two things. google has a lot of cash to spend and they will be spending

it in manhattan. good for people in new york. it also means that they care a lot more about talent because new york is a magnet for talent whether you talking theater, music or business. they care more about talent than they do about tax rates and regulations because new york is one of the most highly taxed, over-regulated cities in the world. and yet these -- the mayor of new york and the governor of new york are getting cut a huge break by google. there was pressure on them to pull back on taxes, to pull back on regulations. now google and amazon made it less likely they'll do so. >> bill: ain't it funny how that works. thank you, david. >> great to see you both. >> sandra: we'll have much more on the dow and its movement this week and the economy with one of the president's top economic advisors. joining us next hour kevin hassett will be here. >> bill: massive protests in france thousands hitting the streets again over the weekend.

live in paris to tell you what went down. >> sandra: as jim comey faces lawmakers at this moment, president trump is wondering why 19,000 texts between anti-trump agent peter strzok and lisa page were erased. >> you have to wonder. these are sophisticated operators. the fact they wouldn't turn these over is just another alarming fact in a disturbing set of facts that continues in this whole fiasco. 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. give us a call. call now: 1-855-376-1361. >> bill: another alert now watching the unrest in france from overseas this weekend. the five straight weekend they've had confrontations in paris. riot police firing tear gas at protestors rallying against tax hikes despite concessions by

the french president macron. greg palkot is back live in paris with more. >> it is exactly one month to the day since the so-called yellow vest anti-government protestors hit the streets and guess what? they are still out there. they are at traffic circles blocking them, along the highways. over the weekend some toll booths were torched. it's against proposed hikes in gas taxes to combat global warming. them warped into the broader protests in paris, here, other cities. the flashes on saturday were down significantly. a lot less violent than we saw the week before. one of those reasons as you noted, bill, the concessions being made by the government on taxes, on wages, by french president emmanuel macron. folks aren't satisfied. they want more and why they're still out. his poll numbers, by the way,

are way down. the latest survey puts job approval at 23%. one place finally, bill, they're trying to get back to normal. the french city of strasbourg in the eastern part of the country. overnight they got bad news, one more person died. the death toll now at five. that person was trying to stop somebody from coming into a cafe to kill more people. you have to believe the folks here in france are wishing the holiday season brings a little bit more joy to this place. back to you. >> bill: greg palkot. amen to that. >> sandra: the fallout continues after a federal judge in texas friday ruled obamacare was unconstitutional. bipartisan group of senators sunday saying they doubt that decision will stand up. white house aide stephen miller thinks otherwise. >> the more important question is whether democrats will work with republicans once obamacare

is struck down which we believe it will be to come up with a replacement plan that protects pre-existing conditions. helps the 28 million americans don't have access to health insurance and keeps prices low through robust competition. >> sandra: joining us now a former governor mike huckabee. stephen miller says that, you say what on the issue? >> well, i think the white house is right. it will be declared unconstitutional when it bubbles up to the supreme court because the only reason that it was held constitutional was when the supreme court reached out and declared that the individual mandate was, in fact, a tax. and that was the john roberts opinion that really salvaged obamacare. once that was taken out back in 2017, it pretty much was taking the ladder out from under the people standing on top of it. i don't see how in the world the supreme court can rule any other way any more than that federal judge could. i don't have any optimism that

washington is going to resolve this, sandra. they can't. there are too many special interests. you have 535 people all wanting to go to the kitchen with their own spoons and spices thinking that they can fix it. and that's why it was a disaster before. that's why they can't fix it now. i heard bill earlier allude to the fact you've got 50 states and half of them run by democrats, half by republicans. get a dozen states that are democrat and a dozen republicans and tell them to see that they can come up with. the governors and states will do a better job of coming up with some templates. some won't work, some will. but we won't make a 50-state mistake in the process of trying to deal with improving healthcare access to americans. >> bill: democrat was with us last hour. they want to make it better. he says they want to drive down costs and want to increase flexibility. they want to eliminate more of these regulations that have ham strung so many aspects of the law.

here is what he said last hour with us. >> we absolutely have to work together to improve it. it is not perfect. we need to drive down healthcare costs and drive down the cost of prescription drugs. democrats have real plans to do that. >> bill: there you go. democrats have plans to do that without a single republican. >> they really don't. i heard him say that and i thought he also said we've got to work together and then he turned around and said but the republicans don't want to make it better. it is one or the other. it can't be both. republicans have said they want to deal with pre-existing conditions. so do the democrats. they say a lot of the same things. the problem is you have so many special interests with hooks into these parties. big pharma, insurance companies. they aren't going to let something pass that is not good for them and sometimes what's good for them is not necessarily good for the consumer. so that's why it's never going to work in washington plus the politics of d.c. is so toxic they aren't willing to

work together. they can't even decide to build a wall or decide to do anything. they can't even have a christmas party together. so i think we're kidding ourselves to think that this very divided, partisan, toxic environment will produce something as complicated as healthcare reform. they are just not. don't pretend that you are. turn it over to the states. come up with some solutions. pick the items out of each of the programs that you see that you like, and that's how it can be done. >> sandra: james comey is behind closed doors moving to the next subject. the flynn sentencing tomorrow. a lot going on on capitol hill. a busy week heading into the holidays. start with james comey. republicans have more questions for him today. what do you expect to come from this session? >> not a whole lot. he won't remember anything. 250 times when he was with them before he just couldn't recall. i'm pretty sure he probably had to use a gps to know how to get to capitol hill because he forgot.

what's worse is when he does talk and he gets before some group that's paying him to speak and he can just remember everything. and one of the things he remembered was that they got away with it. that one statement will come back to haunt jim comey and it should. >> bill: on michael flynn tomorrow we'll see what happens. alan dershowitz said the following with us last hour. watch the professor's comment here. >> i think the judge has the authority to throw out the plea if he believes that the plea was not to a crime and i think he should find as a matter of law that when you tell an untruth to the f.b.i. about a matter that they already know the truth about. they already know the answer. when the only purpose of the question is to get you to lie, that's not a crime. >> bill: what do you think happens tomorrow? >> i hope the judge does throw this out because frankly this was entrapment. this was a political outrage, it was not prosecution, it is

persecution. i told alan dershowitz one time if i ever call him in the middle of the night two things. number one, take the call. number two, i'm guilty as heck and i really need your help. he is the smartest legal mind in the country and i think he is dead right on this. >> bill: another topic peter strzok. text messages. >> sandra: the latest on what we could learn from those text messages and that they weren't deleted. as we move to the subject matter we're dealing with in the week leading up to the holidays there are so many questions still, governor, over what occurred inside of the f.b.i. >> how come it is that democrats, whether it's hillary clinton erasing 33,000 emails, or whether it's peter strzok and having 17,000 of his text messages permanently just disappearing in the midst of an investigation, how come that's not the destruction of evidence?

how come that isn't? but yet the f.b.i. can bust into michael cohen's office and confiscate his computers and all of his records and squeeze him for a guilty plea. do we not see a double standard of justice going on? americans ought to be angry and frightened and demand it stop. >> sandra: the president said where are all the text messages between peter strzok and lisa page. just reported they have been erased and wiped clean. what an outrage. totally compromised and witch hunt slowly moves forward. >> bill: breaking news with general flynn now. i want to bring this to you. a business partner of michael flynn is before a judge today being charged with acting as an agent of a foreign government trying to work on behalf of getting a turkish clearic --

the turkish government blames the cleric living in pennsylvania that goes back to a coup. his business partner was working on behalf of turkey. i'm throwing this at you at the last moment. i don't know how much information you have about it or if you care to react to that news from washington >> it's again a reminder that they are going after not just the principals donald trump or somebody who is highly involved in the campaign, which they found nothing so far but they go after anyone associated with anyone who is associated with donald trump. again, this ought to be frightening. peter strzok was a very guy, he was the guy that went and did the interview with michael flynn and we know how biased he was. he could smell trump voters in a virginia wal-mart. why on earth this guy has any credibility, why on earth would the flynn plea be given any

consideration is beyond me. i hope the judge looks at the facts and said you went after him and it was not a prosecution, this was persecution. and our constitution forbids this kind of loss of life and liberty on the part of a person and law enforcement can't be goons, simple as that. they can't be. >> sandra: thank you. nice to see you. >> bill: talk to you real soon. thank you for being here today. federal prosecutors charged two men in michael flynn's turkish lobbying. where that goes we'll find out momentarily. saturday nightlife taking fresh aim at the white house. the president fired back in a big way. should the courts get involved in comedy skits? our a-team is back to take on that and more. come on back.

>> bill: president trump slam "saturday night live"

suggesting they should all be challenged in court after the show took dead aim at the white house. >> what seems to be the trouble, donald? >> stay back. >> relax, i mean you no harm. clarence, i was sent here from heaven. i heard you're in trouble. >> everything is falling apart. sometimes i wish i had never been president. >> a world where you were never president, hey? i think we can arrange that. >> bill: lisa boothe, mary anne marsh and tom bevan. a real scandal is the one-sided coverage hour by hour of networks like nbc and democratic spin machines like "saturday night live". unfair news coverage and dem commercials. should be tested in court. can't be legal question mark, only defame and belittle. collusion question mark? is that where the collusion is? >> i don't know about the court stuff.

but he is right about one-sided coverage and the bias in the media. we've known this for a long time. the mainstream media is skewed left. 80 to 90% of the coverage of the president is negative and against him. we've had egregious stories with brian ross, before it hit. it turned out it was after the fact along with the rest of america. we've seen a lot of wrongdoing on behalf of the mead ya. i don't blame president trump for calling that out. he has largely exposed a lot of the mainstream media as partisans and objectivity has died. >> what is the viewership of snl? are they doing better? >> i don't watch it. i watched the clips the next morning. >> bill: top democratic 2020 candidates joe biden at 32%.

bernie sanders 19%. beto o'rourke is 8%. des moines registered would caucus goers elect president trump? 67% say yes. 19% say someone else. 10% say definitely vote someone else. >> bill: republicans are behind trump. that someone will challenge trump it may happen but a suicide mission and won't go very far. the democrats that's the interesting story. they'll flesh out where they are going to be. will they move to the left or the center, young or old, female or male? mary anne is probably more of an expert than i am. >> nobody pulls iowa caucuses. it is political cat nip. a year from now on saturday night all of us will refresh our links to get those numbers. now it doesn't matter. but when you look at it. in 2008 obama was in third place at this time and ended up

winning. same thing with kerry in 2004. it doesn't matter much right now. >> i 100% agree with that. there is so much time between now and election day 2020. there is a level of unpredictability who will emerge. so many people are estimated to throw their hat in the ring. we saw it with republicans in 2016. the sheer amount of individuals in the race allowed for president trump a unique candidate to break through and emerge through that primary field. i think something similar could happen with democrats. if you have 20 candidates that there could be someone unexpected that could completely change the dynamic of the general election. >> sandra: real quick, mick mulvaney acting chief of staff. your thoughts before we let you go? >> i like mick mulvaney. he is a good person. i think he is perfectly capable of doing the job with probably tough to find someone, no offense with all due respect to

the president. i think it would be tough to be his chief of staff and you also have the other dynamics of the negative media attention and the media trying to -- >> he said he didn't want the job. he is smart enough to put acting in front of it. he can say he was acting. >> trump knows him and likes him. he has worked well with trump. a good choice. >> bill: mick mulvaney moves at 120 miles an hour every day. who else moves that way? donald trump. >> sandra: thank you very much a-team. meanwhile the desperate search continues for a mother missing since thanksgiving day. police concluding the search of kelsey berreth's fiance's home. what they were looking for and what they found? we'll have that next. >> this has been a very rough case for us to investigate. we're working tirelessly. as a fitness junkie, i customize everything - bike, wheels, saddle.

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>> sandra: the nationwide search for a missing colorado mom widening over the weekend with investigators turning their focus to kelsey berreth's fiance looking through his home and property. >> at this point we're considering every possibility and i'm not willing to jump to conclusions or label people involved in this highly complex

investigation. >> sandra: let's bring in steve rogers, retired lieutenant detective. people are baffled by this case, the length it took her family to even report that she was missing to authorities, to the fiance not talking initially. what do we know today? >> why did it take 10 days to report her missing? police have done a textbook investigation, very good. they started at ground zero, that's starting at home with the closest people, relatives that are next to you and a fiance is a person of interest because he was the last one who i understand had contact with her. >> sandra: she walked into a grocery store of thanksgiving day. surveillance of her walking in and pushing the cart but no surveillance of her leaving. >> they'll do an analysis of his computers, cell phones, text messages. the video you talked about.

somewhere somehow there is a piece of evidence that the police i believe have and they are not going to talk about that because they don't want to compromise their investigation. the fact of the matter is and the question i know the police are trying to answer is why did it take 10 days from november 22, thanksgiving, to december 5th? why did it take that period of time for somebody to report her missing? >> bill: what's the answer on that? >> they always get caught. >> bill: there was a ping 600 miles away. she was in colorado and a ping picked up in southeastern idaho. in your experience how often is that somebody could just run away as opposed to being abducted? >> not only that, the mystery, she has a child. mothers don't walk away from their kids and they don't disappear voluntarily away from their children. as far as that ping is concerned. that may have been 600 miles away doesn't mean she was 600 miles away. >> sandra: the fiance is not

considered a suspicious person in this case, correct? they aren't looking at him but they dug up his backyard over the weekend? >> police use the term person of interest because they don't want to lead anyone to believe they've concluded that this person is actually a suspect involved in something that is just simply not proper. >> bill: how are they doing so far do you think? >> i think they're doing good. they did dig up the property. they're interviewing close relatives and friends. they're doing a good job but they're being careful not to release too much information so that the case is not compromised. >> bill: we found that in the iowa case several months back. they were holding back a lot of information. publicly a lot of people thought give us more that we can go on here. ultimately they found the killer. >> keep in mind i'm sure as they speak to people, somebody knew something. this woman said something to somebody. maybe she had a relationship problem with the fiance.

maybe there was a problem with the family and financial pressures. >> sandra: that's known they had a contentious relationship. >> somebody knows something and i'm sure the police are on to that person and why they don't say too much. >> sandra: steve rogers, thank you very much. >> bill: james comey is back on the hill behind closed doors finishing up testimony from two house committees. why he is facing new questions about michael flynn. also rudy giuliani basically ruling out a presidential interview. what he says it would take for president trump to meet face-to-face with bob mueller. the judge andrew napolitano weighs in on that next hour coming up on "america's newsroom."

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>> sandra: fox news alert. round two for james comey back for another closed door session on capitol hill this morning. welcome back to "america's newsroom." i'm sandra smith. >> bill: i'm bill hemmer. comey facing questions about charges of bias in the f.b.i., his handling of the clinton email matter and russia election investigation. jim jordan among the lawmakers doing the questioning today said this a bit earlier. >> for him it's all about jim comey. and he thinks the rules don't apply to him. there is a host of other things he did that just weren't consistent with how you are supposed to do things. all the way back to when he took the decision away from

attorney general lynch. all those things plus i think specifics in the comey memos is where i think i'll focus. >> sandra: chief intelligence correspondent catherine herridge is live on capitol hill where the action is this morning. good morning. >> thank you, good morning. the expectation is that this closed-door session will last around six hours. we're just an hour into it. the same format. an hour for republicans to ask question, then an hour for democrats and committee staffer told us they do expect a transcript to be made public almost immediately within a 24-hour period. heading into the session comey didn't take any questions. >> will you take some questions? on the interview of national security advisor mike flynn, you said you did not follow standard procedure.

how was the handling of it consistent with the domestic investigations and operations done? >> republicans say they have a number of questions this morning for the former director and one relates to this memo that was declassified at the end of last week and posted to the f.b.i.'s website. the memo is part of the briefing that comey gave the incoming president about this anti-trump dossier. you see it's heavily redacted but it refers to the individuals behind the funding of the dossier as private clients, though it's well understood that was the dnc and clinton campaign. congressman mark meadows says he has questions for comey. that appears to conflict with his earlier testimony. >> i think the knowledge of when the f.b.i. and specifically director comey became aware of the involvement

of the dnc, fusion gps as it relates to their hiring of christopher steele. he indicated -- seemed to indicate the other day that he wasn't aware of that until he read reports long after he was gone. i find that very hard to substantiate based on other evidence. >> so far we have not heard from house committee democrats. they have not come to the stake-out to answer any of our questions or the focus of their questioning today. but they consistently said they believe these closed-door sessions are designed to undermine the special counsel robert mueller and the integrity of the russia probe. earlier today a senior senate democrat did address the president's tweets over the weekend targeting the michael cohen investigation. cohen is the president's former person attorney that has now pled guilty to a number of charges. chris kuhn says it's another example of why they have to move ahead and protect the

sanctity of the special counsel probe. >> there are a few, everytime there has been a tweet like this saying the mueller is executing an appropriate investigation. the vast majority say it is not a witch hunt. we'll take steps to protect it. >> there are a lot of moving targets this morning and in the last hour we've had an indictment unsealed in federal court in alexandria, virginia. this involves one of mike flynn's former business partners, the charges are conspiracy and acting as an agent of a foreign government. in this case turkey, as well as false statements about those business transactions. >> sandra: catherine herridge. thank you. >> bill: four minutes past. when it comes to a sit-down between president trump and bob mueller trump's lawyer giuliani says over my dead body. alan dershowitz said this earlier today. >> cooperation is now off the table. it was on the table early on in

the investigation. and then it became clear to the trump defense team that cooperation was getting them nowhere. they were determined to get trump by squeezing all the people around him. >> bill: chief white house correspondent john roberts from a north lawn. good morning, merry christmas. >> merry christmas. today is monday number one and goes on until what should be friday but actual monday number five. as we know, recently the president submitted a number of written answers to questions that robert mueller had for him. those questions dealt solely with the idea of russian collusion between the trump campaign and russian officials and had nothing to do with obstruction of justice. the president's attorneys told me mueller was also asking for a possible in-person follow-up interview if more questions were prompted by those written answers. mueller is not giving up on the idea of an in-person interview on the possible obstruction of

justice issue. rudy giuliani told chris wallace yesterday the idea of the president sitting down with mueller is now completely off the table. listen here. >> does he want to interview the president? >> good luck. good luck. after what they did to flynn the way they trapped him into perjury and no sentence for him? 14 days for papadopoulos? i did better on traffic violations than they did with papadopoulos. >> when you say good luck. no interview. >> they're a joke. over my dead body. >> this morning the president taking aim at the mueller investigation saying it looks here as though general flynn's defenses are incidental to something larger for the prosecution to figure out if it can find a path to donald trump without quite knowing what the crime might be. it looks more like a persecution of the president. the "wall street journal." thank you, people are starting to see and understand what this witch hunt is all about. jeff sessions should be ashamed of himself for allowing this total hoax to get started in

the first place. rudy giuliani, whose job is to protect the president, says the special counsel's office and the southern district of new york and the way that they are operating is reprehensible and there should be repercussions. listen here. >> what they did to general flynn should result in discipline. they are the ones who are violating the law. they are looking at a non-crime collusion and they are the ones who are violating the law, the rules, the ethics, and nobody wants to look at them. >> it will be interesting to see tomorrow what the judge does tomorrow in terms of general flynn's sentencingment robert mueller's office asked for no jail time. sullivan asked and received documents from the f.b.i. and office of special counsel that show that initially the two f.b.i. agents who interviewed flynn, one of those was peter strzok, did not believe he was

intentionally lying to them about the russian ambassador to the united states kislyak. sullivan was noted to have come down hard on what he thought was prosecutorial misconduct. we'll see if it factors in tomorrow. >> bill: john roberts setting the table for us at the white house. >> sandra: still no deal on how to secure our border and that is standing in the way of green lighting the federal budget making the possibility of a shutdown a reality. senior white house advisor stephen miller saying democrats need to play ball. >> at stake is the question of whether or not the united states remains a sovereign country. whether or not we can establish and enforce rules for entrance into our country. the democrat party has a simple choice. they can either choose to fight for america's working class or to promote illegal immigration. you can't do both. >> sandra: bill mcgurn is a former speech writer for george w. bush. good to see you. a lot going on. those won't be quiet days to

close out the year. stephen miller making the case that democrats have a big decision to make. the ball is in their court. >> look, he is right about that. i think the white house has to make a decision. we're in a very polarized time. the obvious deal that they could make is daca. regularizing the kids who were people brought here as kids. giving them a path to citizenship. the president was open to that in exchange for the wall. these are reasonable things each side could give. the problem is politically it looks like a democrats don't want to hand president trump a victory. as we saw in the oval office meeting this was a signature campaign issue. he will building something with some money. it won't go away for him. i think democrats could reasonably say we got it for our constituency. that's important for us. we make tradeoffs. >> sandra: the national border

patrol council was on and made the same case it's all political. >> the democrats have recognized that physical barriers are absolutely necessary. they voted for it in recent history. so if you look at it, you have to ask yourself why are they not going for it now? this is about securing the votes for their base. it is not about the american public and that's got to stop and we're hoping that again the democrats do in fact blink. >> sandra: any time you hear democrats saying you can have border security without a wall write them off as a politician following the party line. we need far greater safety and control. so will either side budge on this issue? >> i don't know. we'll find out. i think he is right about in theory you can have border security without the wall. we have security on the canadian side. lots of places where there aren't walls. the danger the democrats have

after the caravan -- the caravan changed the political dynamic. it doesn't look like they are for any security. they are talking about abolishing ice, sanctuary cities to not cooperate with the federal government. i think that's a dangerous game that they played that their view becomes not just that we're against donald trump's wall but we're against any idea of any reasonable border security. >> sandra: fascinating stuff. it will be an interesting -- >> they're in full resist mode for 2020. they aren't in the mood to cooperate. >> sandra: do you think the president eventually gets the wall? >> he will get something. he will find ways to build something and declare it as wall. he may not get the continuous gleaming uniform wall he wants but the point is he can't give it up politically because it was his signature issue. >> sandra: thank you, bill. >> bill: war of words between the u.s. and china. both sides accusing each other of violating trade practices. reaction from the man who chairs the white house council

of economic advisors kevin hassett is our guest and will join us in a moment here. >> sandra: james comey is back on capitol hill for another round of questioning at this moment amid new concerns about his handling of the michael flynn case. former governor and white house chief of staff john sununu will weigh in next. >> tomorrow is a big day to at least ask some very specific questions on new revelations and things that we didn't get to because comey very carefully put a hard stop in that allowed him to get out and take a breather. a home, and need cash? you should know about the newday va home loan for veterans. it lets you borrow up to 100 percent of your home's value. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank, and lower your payments over 600 dollars a month. call today. and get the financial peace of mind every veteran deserves. go to newdayusa.com, or call 1-877-806-8332.

>> bill: 15 past. fox news alert. the news we broke to you about 45 minutes ago. two men including one of michael flynn's business partners are being charged with illegal lobbying for the country of turkey facing charges of conspiracy and agents of a foreign government. the other is a turkish national accused of lying to the f.b.i. it is related to flynn's efforts to help turkey extradite a cleric living in the united states. the u.s. says it has seen no evidence to conclude that the cleric had anything to do with attempted coup in turkey. >> sandra: a twitter war with the president over the weekend and how the f.b.i. handled the

michael flynn interview. joining us now is john sununu, chief of staff to george h.w. bush. great to have you on the program. as we speak james comey is behind closed doors being questioned. if you were in that room what would you want to know? >> let's just touch on the closed door thing first. i think the republicans made a mistake. i think they should have let it be open and let america see how much this guy thinks he is captain america and how big his head is and the hubris behind all his answers. if i were a republican, one of the questions i would be asking him relates to his leak of the memo which in itself was improper, which everyone says triggered the mueller appointment. my point is it triggered the mueller appointment almost too quickly. i would be asking him about the collusion between comey and

rosenstein on setting up that process of a leakage and then rosenstein going and putting mueller in place. as i have thought about this over the last few weeks, it smells too much. it happened too cleanly. it was all too clean cut. it all seems now to have been pre-prepared and that certainly would undermine the credibility of the mueller investigation. >> sandra: he walked in smiling this morning. there he is walking the hallways as he went into that meeting behind closed doors. he said he is willing to keep testifying. this was after his last meeting two fridays ago and here he is again. this will likely be hours long of questioning from both committees, governor. do you expect anything different to come from this today. >> well, it depends on whether comey recognizes the big mistake he made last time saying i don't know or i don't

recall or evading. i think it was 245 times. that number of evasions is making it clear to the american public that this is a man with something to hide. and i think the more he talks about these things, the deeper into the quicksand he goes. you played the clip earlier or talked about the clip earlier on his book tour where he acknowledges being improper about the way he went -- sent the folks over to flynn when he took advantage of the disorganization in the early days of the trump administration. that clearly smells of somebody trying to set somebody up. >> sandra: real quick i want to get to rudy giuliani this week talking about all of it. >> look what they did with flynn after the direction of comey saying he wouldn't have gotten away with it if it wasn't an experienced administration. don't tell him he should have a lawyer. >> sandra: what did you think of that?

>> well, i think he is underscoring the point i made. comey has acted slimy and he is so full of himself that he thinks he is entitled to do things improperly because as i said, he thinks he is captain america. >> sandra: his initial reaction after the first line of questioning was that republicans are acting out of desperation. he said the last line of questioning wasn't a search for truth but a desperate attempt to find anything to attack the institutions of justice investigating this president. the other big news that the president has chosen mick mulvaney as his acting chief of staff. your thoughts on that? >> i think it's a good choice. i think he has the political experience. he has run for office. he has been involved in the executive branch. he has been involved in the legislative branch and he seems to have a pretty cool personality. i think he is going to do well. >> sandra: all right. we'll leave it at that. former governor john sununu thank you as always. great to have you on.

>> bill: merry christmas. saudi royals firing back at u.s. lawmakers after the senate passes a stinging rebuke of the kingdom. how rising tensions are affecting diplomatic ties. >> sandra: plus a green beret goes from a military hero to accused murderer. now president trump says he may intervene in his case. reaction from capitol hill next. >> he willingly offered up these details at the c.i.a., right? >> that's correct. >> that's where it all started. >> pretty much. alright, i brought in ensure max protein...

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>> what is it like going from war hero to accused war criminal?

are you angry? >> no. it has been incredibly painful and very difficult over the last years, everyone who served with me stood by me. and so it's over and -- >> bill: that's decorated green marine army major goldstein. he killed a suspected taliban bomb maker in 2010. the president tweeting says at the request of many i'll review the case of matt goldstein who is charged with murder after he admitted to killing a terrorist bomb maker while overseas. indiana republican congressman jim banks be serves on the armed services committee and recently deployed member of congress serving in afghanistan in 2014-2015. thank you for your time today. i killed the bomb maker. gave the details to the c.i.a. what happens now do you think?

>> what we know is that the -- article 32 hearing will probably occur sometime next year. at that hearing they will determine whether or not a general court-martial will occur sometime in the future after that. so this process is just in the very beginning. the president took a special interest because some of the details of this situation, there has already been an investigation that occurred before. the details are complex and conflicting. so i understand why the president has taken a special interest. but we have a long ways to go before major goldstein might be prosecuted for these crimes if they did occur. >> bill: this was by definition in the field of battle. this was a detainee in custody, is that correct? >> my understanding of the case is that is true. there was already an investigation several years ago that took years in and of itself. so now that it's being

reopened, an article 32 hearing scheduled for unclear when but probably sometime in 2019. at that hearing major goldstein will have an opportunity to defend himself, will be provided with a military attorney, a jag to help him make that case. almost always that process works and i think it's important at this point to not make any judgments or intervene at this point. allow the process to work its way through. the article 32 hearing will be an opportunity for that to occur. >> bill: the wife of goldstein said this. >> my message is matt was cleared of wrongdoing in 2015. we have moved on with our lives. we have moved, we have had a new baby, we have moved on. we are waiting for someone to do the right thing. it is time for someone in army leadership to crawl out from

the blanket of an imtee under which they hide and take responsibility for this and step in and do the right thing. >> bill: you can tell where she is coming from. here is the pentagon's statement. the allegations against major goldstein are a law enforcement matter. we'll respect the integrity of the process and provide updates when appropriate. general jack keane was with us today. he came back to the question why now? the military had already taken action. how would you answer that why now? >> it is difficult to answer that. that's why the president has taken a special interest in this case because it was investigated before. now being investigated again. the article 32 hearing will give major goldstein an opportunity to defend himself before they move forward in that process, the process works. we need to allow it to work and i believe it will here in the near future. >> bill: jim banks, thank you for your time. when do you think it's resolved, then? >> well the article 32 hearing

will likely occur sometime next year. it is hard to say. hasn't been scheduled. it could be months from now. that's why i understand the emotions of this wife and others who are involved. >> bill: thank you, sir. from indiana the republican jim banks. thanks for coming on. >> sandra: knocks fuss alert. more chaos in the streets of paris as more anti-government protests erupt over the weekend. >> bill: rudy giuliani saying a sit down with the president and bob mueller won't happen. could mueller seek a subpoena instead? is that on the table? judge andrew napolitano weighs in on that next. >> the agreement contemplates our having discussions. if there are any further follow-ups or questions and no change in that agreement. when it's concluded, we'll tell you. i forgot. chevy also won a j.d. power dependability award

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the way they trapped him into perjury and no sentence for him, no way. they're a joke. over my dead body. but, you know, i could be dead. >> bill: president trump's attorney rudy giuliani making himself crystal clear when it comes to a sit-down with bob mueller. judge andrew napolitano. hope you had a great weekend. he talked to weekend and stephanopoulos on abc. looks like a sit-down isn't going to happen? >> i have a different view. much of what rudy says on television is aimed at the public. trying to establish an atmosphere in which, should the president be indicted, or should the house of representatives vote articles of impeachment it would be perceived as intolerable. he has done a great job doing that. what he said to chris wallace yesterday was aimed to bob mueller saying you can negotiate hardball and we can negotiate hardball as well.

rudy knows one way or another mueller gets to question the president. is it going to be one-on-one with rudy there? >> bill: it happened with written answers. >> will it be one-on-one with rudy whispering answers or before a grand jury without rudy there and the president has no control? >> bill: you would take a former i would imagine. dershowitz on this very topic earlier today. his reaction. >> i have think he has made it very clear the president is finished cooperating. this investigation as far as trump is concerned is over. unless they try to subpoena him and then we have a constitutional conflict because trump asserts article 2 and other constitutional rights. we go to court and don't have a mueller report for a long, long time. >> bill: we go to court. the u.s. supreme court. >> last time the court was clear. i think trump would lose that confrontation.

i don't think the court would suppress the subpoena. >> bill: can't indict a sitting president, >> two opinions say no, one says yes. all three say if you are running into the expiration of a statute of limitations the maximum time between the alleged commission of the crime and when the person has to be charged you indict in secret and prosecute after he leaves. is that going to happen? i don't know. but the michael flynn allegations, those things have a five year statute of limitations and that would expire in 2021. >> bill: will we hear from flynn tomorrow? >> yes, we will hear from him. the defendant has an opportunity to speak in the federal system and he should speak. but if he attacks the prosecution, that's the wrong thing to do. it is almost unheard of for someone to plead guilty to a felony in federal courts and the feds to say zero jail time. when they say that best thing for the defendant to do is stay

silent. >> bill: at least one of his business associates, maybe two have been indicted for lobbying on behalf of the turkish government, the foreign agent registration act. this is coming up a lot lately. i imagine a lot of americans never heard of it. what is this all about? >> these indictments are a month old and released today. why released today? to remind general flynn that he was given a break. they could have indicted him for violating that and they didn't and remind the sentencing judge of the same thing. not a coincidence. >> bill: isn't this happening all the time? >> yes, and it's unfair that the government decides who to prosecute because there are many, many people who are agents of foreign governments who are doing their job well and innocently and they fail to register. they don't get prosecuted. >> bill: they are making the choice to who prosecute and who not to. >> they may be doing it in

order to squeeze information out of others. general flynn, just to remind you, we could have indicted you for this as well. is it fair? no it's not. >> bill: one more thing daryl issa on what happens with flynn. >> he made a comment not long ago they never would have gotten flynn in a more organized administration and now that judge sullivan has made it pretty clear that they in laymen's terms violated his miranda rights and tricked him into not having a lawyer when in fact he was not only a suspect but a target and they had transcripts, i would not be surprised a bit that the conviction of flynn is overturned. >> bill: is that a possibility? >> it is not entrapment. no basis to overturn the conviction. it's a guilty plea given under oath. if he wants to say he didn't tell the truth under oath he admits to perjury. entrapment requires the

government push, push u push and plant the seed in a defendant's mind. >> bill: it was within his rights to talk to the russian ambassador. >> all he should have said was, i'm a ex-spy. just say yes. i don't know why he lied to them? i guess is he thought he was protecting the administration and doing what one would expect of the incoming national security advisor. taking the pulse of the russian ambassador. >> bill: it is hard to know. do you think we figure this out? >> i think in 24 hours there will be zero jail time. minimal probation and the conviction will stand. >> bill: will flynn explain why he answered it the way he did? >> i hope not. that's just going to open up another can of worms. >> bill: maybe he admits to it and there is no big deal after all. >> interesting to watch.

we have eyes and ears there. >> sandra: saudi arabia lashing out in washington with the resolutions passed by the u.s. senate. one calling for an end to u.s. military support for the war in yemen. another blaming crown prince bin salman for the murder of jamal khashoggi. amy kellogg is live in london with the latest. >> through all this the president has been unwavering in his support for the saudis so it's clear that the senate motions really got under the saudi's skin. they did what the russians have done before in the face of condemnation and that is to suggest that that condemnation was really more about u.s. domestic politics and posturing. now, the saudi foreign ministry statement said the kingdom of saudi arabia rejects the position expressed recently by the united states senate which was based on unsubstantiated claims and allegations and contained blatant interferences in the kingdom's internal

affairs undermining the kingdom's regional and international role. they called the murder of khashoggi a rogue operation and have denied that the crown prince had any knowledge of it. the senate voted to hold saudi's crown prince responsible for it and voted to withdraw support of saudi and the war in yemen. they are backing yemen's elected government and iran is backing the hoourty rebels. aid supplies are blocked. the trump administration placed great hopes in crown prince bin salman to do business with and stability in the region. some of the senators have called him a human rights abuser. now sandra, as we have said it is no smoking gun evidence in the case of jamal khashoggi, the c.i.a. has reportedly said that they feel quite strongly that he would have been or was behind the murder but trump has

been adamant in saying that at this point and still we simply don't know, sandra. >> sandra: amy kellogg. thank you. >> bill: u.s. and china getting more heated over trade. what the trade ambassador is now vowing to do. kevin hassett chairs the council of economic advisors and he is next. >> we have to invest in the research and invest into new growing areas economy. we need to dominate them economically and that takes a plan.

ultimate feast time it'sat red lobster.r own pick four of ten favorites to create the ultimate feast you've been dreaming of. like lobster mac & cheese. or tender snow crab. so hurry in before new create your own ultimate feast ends. the u.s. slamming chain ra trade policies and vowing to lead reform efforts at the world trade organization. the market reacting this morning kicking off another wild week for the markets. the dow opened up triple digits. it is down 100 points and the dow s&p and nasdaq have all

turned negative for the year. joining us now is kevin hassett chair of the council of economic advisors. first off, can't ignore the markets. it has been a wild ride in recent weeks and looks like another one this week. what does the president have to say when he had so much to say on the markets all year. we saw so many records and now those gains are gone. is he concerned about what the markets are telling us? >> right, well i think the markets have fluctuated a loot this year. i can tell you what we talk about what it all means. basically what's going on is the u.s. economy is booming. we got data on friday that jacked up our growth estimate for fourth quarter all the way above 3%. we're rocketing along at 3% growth and the markets haven't reflected the good news. if you dig into it the big reason is the chinese economy is in deep trouble. chinese markets are down 30% last i checked. european markets are also

having trouble. the european economy is really close to recession. in part because of insertty of brexit. there are uncertainties in europe and asia. u.s. multi-nationals make half their profits outside of the united states. that's what is really behind the fluctuations we've seen. >> sandra: you can't ignore the fact the r word is getting thrown around quite a bit. recession. people are talking about it. when it comes to the markets it spooks people to see on any given day you walk in 500 or 600 point loss on the dow and wonder what it's telling us. then folks like liz sanders from charles schwab talking to the "wall street journal" and she is predicting a 100% chance of a recession in the next year. >> i will take that bet.

within governments ethics rules it has to be less than 20 bucks. the economic data is really strong, we have another 3% quarter. we have enough data so we're highly confident this quarter is around 3% and massive amount of momentum in the next year. the growing incomes will feed through to consumption and spending on cars and capital formation for the firms to make more cars. there is little chance -- one of the best indicators of the probability of recession that we use is something that you can get at the st. louis fed that's done by this economist at u.c. riverside. the latest read is the probability of recession over the next 12 months is zero. that's the right read given the amount of momentum we have in the economy. i think it's close to zero. the 100% i will totally take that bet. >> sandra: she says trade is

the key. that's their biggest concern. from the white house perspective what is the biggest risk to economic growth in this country today? >> i think the biggest risk to economic growth in this country today is that the turmoil we see in the chinese economy, the stresses that we see in the european economy, those start to spin out of control and then people start to worry about how secure are the financial institutions and so on. panics do happen. you can remember the asian crisis in the 90s. these things can happen. when the rest of the world is weak it is something to be concerned about. don't forget the u.s. is disconnected from that. we're growing at a very high rate because we fixed a bunch of bad policies. i think the idea of it spreading here is unlikely which is why i think the estimate that i mentioned of 0% probability of recession over the next 12 months is the best bet right now.

>> sandra: peter navarro is doubling down as is the president singling out the federal reserve as the biggest risk to economic growth. the president tweeted this. incredible with a strong dollar and no inflation the outside world blowing up around us paris is burning and china weighed down the fed is even considering another interest rate hike. take the victory. what is the president's message there? and the president is taking on the federal reserve in a very public way. >> look, the president's brand is he says what he thinks. you can look at that tweet and there is no question in your mind what the president thinks and that's what his supporters expect of him. i have think what is expected of ceh there is i respect the independence of the fed and don't try to give them advice before a meeting. i won't step into that. the president says what he thinks is often very interesting and accurate in the long run if you look at the history of tweets. the fact is that's his brand. he says what he thinks.

i wouldn't advise him to do anything else. >> sandra: fair to point out that the economic data as you mentioned earlier industrial production continues to come in pretty strong. industrial production was the strongest in three months just reported, up 6/10% in november. retail sales stronger than expected, .6% in november. revised the last month up. the numbers continue to come in strong. finally your forecast. >> it will be an absolutely great christmas. there is all this income growth and so people will go out. you are going to enjoy going to look what's under the tree this christmas. all the people buying you presents and they're buying stuff like hot cakes. >> sandra: looks like a strong holiday. kevin hassett, a lot to get to. thank you for coming on this morning. thank you. thousands filing the streets of

france for the fifth weekend of violent protests despite concessions from president macron. we'll go live to paris with the latest. and if i'd been caring for tom's dad, i would have noticed some dizziness that could lead to balance issues. that's because i'm trained to report any changes in behavior, no matter how small, so tom could have peace of mind. we'll be right there. we have to go. hey, tom. you should try right at home. they're great for us. the right care. right at home. it's not what champions do. it's what champions don't do. they don't back down. they don't settle. and they don't quit... except for cable. cable? oh you can quit cable. because we are cougars and we don't quit!! unless what?!?!?! [team in unison] unless it's cable! quit cable and switch to directv

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>> it's almost noon in the east. "outnumbered" at the top of the hour. lawmakers right now questioning james comey again and likely want answers how the f.b.i. handled the interview of former trump national security advisor michael flynn. he is scheduled to be sentenced tomorrow. also some questions on prior statements comey made on when he knew about that anti-trump dossier. >> a huge blow to obamacare as a federal judge rules the law unconstitutional. repealing obamacare was a big push for the president and republicans last year but now questions over what it could mean politically if the supreme court agrees. >> all that plus our guest in

the middle. "outnumbered" top of the hour. >> bill: see you then. fox news alert. more anti-government protests in france. thousands of yellow vests hitting the street for the fifth straight weekend. blocking roads, clashing with police. greg palkot is there to tell us what's happening now. >> first let's give you an update on the unrest over the weekend that we saw firsthand. some 66,000 so-called yellow vest protestors, anti-government protestors out on the streets across the nation. 150 were arrested in paris. we saw tear gas, water cannons, the violence we witnessed was way down from the week before probably in part because of some aggressive police action which we saw. what remained strong is that grassroots movement outside of paris, protestors at traffic circles, highways, sunday there were toll booths set on fire. it began as a protest against a hike in gas tax to combat

global warming. macron gave up on that. if there was an election held today he would lose according to surveys. another shock in the government and the nation was that terror attack last week in the eastern french city of strasbourg. especially sad, the death toll has risen to five. another injured -- french president macron meets in special session tomorrow with his cabinet to try to figure out a way out of this mess. >> bill: greg palkot, thank you in paris. >> sandra: james comey back on capitol hill. the former f.b.i. director being questioned for the second time this month. will lawmakers learn anything new? "outnumbered" will take that on next. (chime)

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around the tree with the kids? >> sandra: i know you enjoy that. what is your favorite christmas -- >> bill: how much time do you have? [laughter] >> sandra: a pretty rock center tree here in new york city. go see it. >> bill: beautiful. maybe the best thing about living here. >> sandra: that's a big statement. >> bill: it's a great tree. >> sandra: i hope you're having a wonderful start to your holiday season. that's it for us. we will see you tomorrow morning. "outnumbered" starts now. >> melissa: fox news alert, former fbi director james comey is back on capitol hill for round two of closed-door testimony more than one week after he told lawmakers some version of "i don't know," or "i don't recall," at least 245 times regarding the russia probe. this is "outnumbered," i'm melissa francis. here today's harris faulkner. former ohio state democratic minority leader, capri cafaro. host of "kennedy" on the fox business network, kennedy.