have a great weekend. this is advent season. see you on monday. thanks for watching and shannon bream and the fox news @ night will take it from here. >> ♪ >> shannon: welcome to fox news @ night. i am shannon bream in washington. breaking tonight another showdown in washington that will land in the middle of the 2020 election. a landmark supreme court decision. a major test of the separation of powers between the executive branch, congress and the state. the justices will decide if house democrats can get their hand on years worth of the president's financial records. and house democrats working over time to deliver a christmas impeachment vote against

president trump. what about the democratic lawmakers at a white house holiday event at the same time their colleagues were debating the articles of impeachment. the latest on all of the house democrats efforts to oust president trump with david. >> a busy week in washington. reaction about the supreme court ruling from both sides of the aisle. democrats writing while we are disappointing that congress will have to wait months to get a final ruling, we look forward to present our case to the supreme court. we are hopeful that the court will agree with these well reasoned decisions. the president's senator wrote: the supreme court arguments are set for march with a likely

ruleing to come in june. first up impeachment set to take place next week. -- >> ♪ >> making an entrance to hail to the chief, president trump greeted members of congress at the white house. >> we are having a very exciting month in washington, d.c. there have not been too many like it. >> the president's holiday cheer contrasted with the judiciary hearing. >> we must impeach donald trump donald trump. >> this has to stop. >> the house judiciary committee voted along party lines friday morning to move impeachment to the full house of representatives. >> for the third time in a century and a half the house judiciary committee voted articles of impeachment against the president. >> house speaker nancy pelosi remains confidence she has the votes to reach impeachment but

there are several democrats who haven't announced their intentions. a handful of democrats attended aid white house holiday party thursday night perhaps indicating how some might vote. these six house democrats and senator tammy baldwin attended. and the independent congresspan from michigan who left the republican party earlier this year. it looks like wednesday and thursday for votes on impeachment. impeachment is just one slice. pie. usmca will head to the committee and the government runs out of fu funding in december. >> shannon: holiday breaks are motivating for them to get things done on capitol hill. the fate of the president's

financial records in the hand of the supreme court. let's bring in former discipline attorney general harry litman and former federal prosecutor robert ray. the headline the supreme court is about to tell us how willing it is to protect donald trump. a decision for trump could give the president broad new immunities from oversight that extend far beyond this one case. and: robert, i will start with you, the lower courts have not been with the president. he is hoping all of this will head to the supreme court and hand him a decision in the middle of a presidential election year that will block his records. how do you think the justices will tackle this? >> it will be a significant decision and probably the most

significant decision on presidential power since jones versus clinton in connection with the matters that led to bill clinton's impeachment. it raises issues involving the president's tax returns and other financial documents. there are two different subpoenas and the 3rd case involves the district attorney in manhattan using a grand jury subpoena to obtain information from the president with regard to hes personal financial information. all of those questions raise a constitutional argument about protecting the power of the president of the united states. >> shannon: and matt said this: this is a fishing expedition. democrats just don't like trump.

yes, the white house should have blocked this tooth and nail. it's part of the aggressive campaign to get the president, period. we would probably say we have confidence in the supreme court. they are serious jurorists. how do you think it shakes out next year? >> a slow new days. a couple of things we can predict. what you read won't be where the supreme court is. they won't second guess congress. another place they won't be is adopting trump's arguments which are absolutist. they may give him a victory in a tempered way something congress needs to make a better showing before it can get the records. i think the cyrus vance case is different because that's a subpoena of a 3rd party.

monumental however you slice it. the absolutist arguments will be off the table probably the united states won't even take those positions. >> shannon: this court is nuanced. chief justice roberts is narrow and not looking to throw out the constitution and start fresh. obviously we are going to the next step in impeachment. this was the house judiciary chairman nadler back in 1998. >> there must never be a narrowly voted impeachment or an impeachment supported by one major political party and largely opposed by the other. this will go down in infamy in the history november nation. >> shannon: this is what adam schiff said campaigning back in 1998. i think impeachment for most people in this district is the most graphic illustration of an

incumbent who put the national fight ahead of winning his district. are impeachments partisan? >> no, during the nixon impeachment the vote in the house judiciary committee on the first two articles was 27-11. if you do the math, that's over 70%. this was bipartisan and there were republican votes in impeachment of a republican president richard nixon. that's anticipating to what has to happen in the senate if there is going to be the removal of a president. the framers of the constitution designed this to require bipartisan support to overturn the results of an election. that's what jerry nadler was

arguing 20 years ago and the opposite of what he argues now. >> shannon: the votes have been along party lines. it is partisan so far. >> completely and it will stay that way. look, facts matter. yes, he was arguing that before. there is always a tweet of people saying the other thing. what matters is the difference between clinton and the fact here. i would ask robert something that a representative said in the hearing. take trump out. would you agree that the conduct alleged is impeachable? you have zero republicans willing to say that much and it seems obvious. bipartisanship is better. but if one party says we won't play, period. there is no way to get there. >> shannon: robert yes or no? a number of people said i don't love it. it's creepy behavior but not

impeachable. >> i don't think it's something the democrats would consider but it will be censure. an impeachment without any ability to remove a president is censure. i hope we get out of the business of impeaching president because the opposite party has control of the house of representatives. i don't think that's what the constitution intended. >> shannon: i don't think anybody wants to set that precedent. thank you very much. tonight how the media is portraying house impeachment efforts in contrast to the general report about the fbi's omissions and errors to surveil a trump campaign advisor. here's howard. >> the coverage of impeachment has been as partisan as the house judiciary debate before

this morning's vote. >> this is the death rattle of the republican party. this will be first impeachment that goes this far that is political. >> cable news covered the hearings live with speeches. >> the only thing worse than a partisan impeachment is letting impeachable conduct go unchecked. >> democrats have not accepted the defeat of 2016. >> when lindsey graham opened the center hearing horowitz's report on the russia probe, cnn skipped his 42 minute statement and 8 minutes by feinstein. conservatives focussed on the

fbi misconduct. >> this was a total lie. >> we were right. prot bret was right. -- president trump was right. attorney general barr was right spying occurred. >> the trump campaign was spied on. >> based on a bogus narrative hyped by a partisan press. >> the president had harsh words for the press. >> not all of it but much of the media is corrupt. these are bad people. they are sick people and corrupt. >> and the latest media together? mitch mcconnell for telling fox he will work closely with the white house on staging the senate trial. media partisanship is now predictable. the next question whether the tone of the coverage shifts and senate republicans control the

process. >> shannon: good question. tonight a federal appeals court ruled mississippi's 15 week abortion ban is unconstitutional. a clinic sued. lawmakers have passed similar measures in hopes of sparking legal battles that will challenge roe v.wade all the way to the united states u.s. supreme court. president trump picked up a key democratic supporter for the new trade agreement with mexico and canada. but he said he will vote for usmca after the negotiations with house speaker nancy pelosi. said this will be the first trade agreement i ever voted for. what is driving the democrats impeachment push? rush limbaugh weighs in next. it's the holiday sale at petsmart!

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>> i wonder how they are going to explain what you did when that unethical man, the terrible man putting people in cages dividing our country, please tell me what you did to stand up to that man. >> what is really all about, they hate the guy! they bought into a bunch of lies. it was the obama administration that built cages to put the children of people seeking asylum in. >> shannon: new debate over what is realizing driving the democrats impeachment effort. kevin wally and vince. good to have you with us. vince they say the president left them no option. pushed all of the boundaries and

they are acting in the interest of preserving the constitution. >> for all of the trump presidency. democrats and the people who advanced their interest in the press have been jonesing for impeachment since donald trump was elected into office. this is a weird feeling that this impeachment doesn't feel exceptional. this feels like the level of hysteria we experienced for every minute of the trump presidency. >> shannon: people have scandal fatigue. they don't understand the difference between mueller and russia. maybe it's like crying wolf. >> there has been a lost scandal with the last 2.5 years. >> shannon: or allegations of scandal. >> and the american people are

exhausted. they tuned out of the democratic debates and they're exhausted when the president tweets. they don't understand why the government is not going to be funded next saturday. why we can't get passage of the trade deal before january 1st. as democrats have said and the speaker said they are reluctant to do this. but they believe the president has given them no choice. >> shannon: how does this change in the senate? >> that's a great question. i think the key is really whether or not the white house wins the fight of having the long-drawn-out impeachment where they bring in people like hunter biden and joe biden and color in the lines explaining why the president thinks this is a legitimate question to ask about corruption and the ukraine with the bidens or whether mitch mcconnell and lindsey graham win out. the republicans in the senate want this over quickly.

they think this is nonsense. >> shannon: we talked to trey gowdy last night. a long established prosecutor. he said if you think you know what the vote is going to be, you don't waste a lot of times on the argument. you don't want to lose the case. that's what the leadership wants to do in the senate. vote and move on. >> yes. i don't think there is a willingsness to call hunter biden and joe biden. the president is pushing for a longer impeachment hearing. i don't think it's a winning strategy for this president. i don't think he wants adam schiff testifying. >> shannon: oh, i don't know. the president might that want. >> chairman schiff has been effective compared to nadler making the case to the american people. >> shannon: he wants to ask about the contact with the whistleblower. >> of course. because adam schiff lied about

his relationship with the whistleblower during this process. that made him a fact in this. there is no reason to be deceptive if you are the fact finder. adam schiff was deceptive. >> there is no indication that he knew the whistleblower. i take his word. >> shannon: the "washington post" doesn't. the other scandal. tweeting about gretta tuneburg being named the "times" person of the year. he tweeted this: chill, gretta, chill. this is what a female reporter said. >> this is a president who just yesterday called a teenager on

the autism spectrum a person with the anger problem. >> shannon: i statement saying that the first lady will continue with her be best initiative. spouses don't always speak for each other. >> yes. this is invoking autism -- this is manufacturing a scandal. gretta made herself a public figure in this process said of herself she is angry. she used that phrase. the president ribbing her is a lowerer offense than the many adults around the world who have chosen to turn this girl into a hero and worship her. >> shannon: i thought it was smart of her to make her twitter description now. i am working on anger

management. >> she plays on this president's insecurities and handed it right back to him. >> shannon: thanks. breaking tonight police confirming a second support is in custody in the brutal stabbing death of an 18-year-old stabbing death in a park. the other suspect is still on the run next. man: sneezes skip to the good part with alka-seltzer plus. now with 25% more concentrated power. nothing works faster for powerful cold relief. oh, what a relief it is! so fast! when we were looking he wanted someone super quiet. yeah, and he wanted someone to help out with chores. so, we got jean-pierre.

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college one of the country's most prestigeous schools. stabbed to death just off camps in a park considered to be the most dangerous in all of new york city but had an improved reputation. she was stabbed multiple times. despite massive injuries she climbed a flight of stairs where she collapsed. a security guard call 9-11 and she died in a local hospital. the nypd beefed up security at the school but the finger pointing has already begun. some critics plame city hall for an uptick of assaults. mayor bill de blasio said there would not be a return of the high crime rate new york experienced decades ago.

her family mourns her loss. her brother posted online: rest in peace. the best sister and friend someone could ask for. >> shannon: david, thank you. new tonight. the virginia national guard responding to calls from a democrat democrat democratic lawmaker to enforce gun legislation. the governor may have to bring in the guard to rein in second attempt sanctuary city across the commonwealth. tweeting we understand and respect the passion the people feel for second amendment rights. a man on death row was supposed be to the first executed by the federal government in more than a decade. his punishment is on hold. matt explains why. >> inside the death chamber in this federal prison in indiana,

the first federal inmate in 16 years was schedule to be executed this week. 72 hours before the supreme court blocked the trump administration's plan to execute the inmate by upholding a lowery court's stay. the prison is one of five death row inmates set to be put to death under the return to capital punishment. >> the decision is how the execution will take place. three drugs versus one drug. >> at the heart of the legal battle is the lethal injection substance. barr approved a single drug. >> every time the government comes up with a method of killing people, they say there is a better method. >> the supreme court denied the trump administration emergency

request to live the hold but he thinks the government will prevail in the executions explaining it will be preferable for the district court's decision to be reviewed on the merits by the court of appeals for the district of columbia circuit before the executions are carried out. the prisoner spared this week. a 50-year-old who killed a family of 3 including an 8-year-old girl by tying rocks to their bodies and dumping in a bayou. the supreme court thinks the lower court can make a decision in 60 days. >> shannon: could conservative's big election blow out in the u.k. be a harbinger for the u.s.? what is means for our 2020 rbiss next. outback is making your holidays even better!

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win. in london the conservative win was met with protests with police. a report on the message this election is sending to american voters. >> angry protestors took to london streets upset with the british election results. they are only a vocal minority. voters in northern england gave conservative the majority with 365 seats. labor its worst defeat since before world war ii with just 203. working class voters rejected the promises of free stuff by the labor leader. >> it's a huge defeat for corbin's form of socialism. a lot of these people are not national conservative voters. they are doing it over brexit. people said no, it's brexit.

>> getting the united kingdom out. of the eu, is popular in northern england. it's been 3.5 years since u.k. voters said they wanted out of the eu and president trump backed brexit. they ran a spoof with signing reading saying we will have brexit done. >> i want to congratulate boris johnson on a terrific victory. that might be a harbinger what have is to come in our country. >> joe biden said look what happens when the labor party moves so, so far to the left. michael bloomberg was more blunt. >> maybe this is the canary in the coal mine. it's a warning to the democratic

party that you have to somebody who can beat president trump. >> both elizabeth warren and joe biden seem to be as popular as him on twitter but twitter is not the real world. consider this week's news of president trump's new trade deal with china and a renegotiated nafta. those are designed to help white working class voters in manufacturing jobs. the same voters that gave the world brexit and president trump. >> shannon: thank you. problems tonight for the democratic presidential debate. candidates threatening to boycott the event in california and one candidate not in the debate is plotting a different path. >> 24 hours the dnc announced 4

new debates in january and february. one on the books for weeks in jeopardy. next week democrats are supposed to debate in los angeles, california but workers at the university hosting the debate are on strike. every major candidate say they won't process the picket line even it means missing the debate. elizabeth warren calling to the dnc to find a solution that lives up to our party's commit to fight for working people. michael bloomberg won't be in the los angeles debate and is unlikely to qualify for any other debates because his campaign is self-funded. there is only one former new york city mayor with name recognition. one is julian epstein.

-- rudy giuliani. one works for president trump and the other wants president trump to lose his campaign. rudy giuliani didn't spend a lot of money building his ground base in new hampshire and it proved to be a mistake. >> president obama told h3 went.99 times to there.me he went.99 times to there. >> his strategy is not happening in isolation. it's happening after 4 other critical contests in the month of february. they will have created internal

momentum. >> a spokesperson with the dnc said their party chair would not process the picket line. they working with all parties to try to reach a resolution. mayor bloomberg was here in virginia to unveil a climate proposal which he says would cut omissions in half by 2030. >> shannon: president trump and china look to be making a deal. phase 1 in the trade dispute. how do the foreign leaders view negotiating with the president in the middle of an impeachment. michael, good to you have back. bill mitchell tweets that no one cares about impeachment. major media outlets are not polling on it and stocks and china are ignoring it.

what do you think is their view of the president under attack by the opposing party in the middle of negotiating major trade deals? >> 10 or 20 years ago, the chinese would have thought impeachment is a really good thing. tell weaken the president. -- it will. they have gotten sophisticated. a lot of their top people have american college degrees. their president's daughter graduated from harvard. they are very sophisticated. when i visited china they all made comments about do you think a single republican will defect in the senate or will he be acquited in 2 weeks? they don't take this seriously. they made a quick deal because they had enough of the tariffs and punishment and president trump held other-worldly experience things could be done on put more pressure on china.

they want 3 trillion dollars over the next few years. that's a lot of money. the president has the power without anything from congress to cancel a waiver that president obama gave back in 2013 that let's chinese companies who are one trillion dollars worth of stock now in new york, this waiver allows them not to give their accounting results if there is somebody problem. the only country in the world that gets this treatment is china. it's a huge favor. >> shannon: the president can take it away? >> just like that. >> shannon: a democrat said the china trade deal is a total capitulation. it cost america 300,000 jobs and china made 0 hard commitments to reform. what a disaster. what do you make of that tack? >> it's similar to chuck

schumer's tweet this morning. >> shannon: not happy. >> before the impeachment atmosphere was so poisonous, a lot of democrats supported president trump. nancy pelosi and chuck schumer sent several tweets and chuck schumer criticized the president for being too soft on chine today schumer called it a sellout. they don't know what the deal is. it's 86 pages and 9 chapterers. very, very daled. -- detailed. if impeachment were not going on, we have congratulations from speaker pelosi and senator schumers. this is a historic break through. it will again fit -- benefit

democratic voters. the democrats are making a mistake. instead of saying congratulations, we all wanted this. some of the democrats are bitter. this used to be a democratic party issue a labor union worker's issue. china is bad. trump stole the issue is what the democrats say from them. he gets a big break through. instead of saying congratulations, they say this is a sellout. >> shannon: this is not the time on the hill where will be a lot of bipartisan congratulations of the president. here we are. have a great weekend. night court next. wal-mart facing threats of a lawsuit over a sweater depict a santa snow man with cocaine? stick around. frequent heartburn waking him up. now that dream is a reality.

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>> ♪ >> shannon: time for night court. check this out. columbia says wal-mart should pay for associating the countiry with cocaine. causing a stir when a christmas sweater depicting a santa snow man and what appears to be in front of white lines that could be an illegal substance.

but it's the product description that got them in trouble. grade-a columbian snow. the foreign government is threatening a lawsuit. let's bring in our legal eagles. gentlemen, welcome. in advance of all of the ugly christmas sweater parties this is a great night court. thanks for joining us. let's start with exhibit-a. this is the product description that went with it. we all know how snow works. it's white, powdery and the best snow comes from south america. that's bad news for st. nick who lives in the north pole. he gets his hand on grade-a columbia snow. what was wal-mart thinking? >> wal-mart said this was from a 3rd party seller and only featured on their website in canada. they took it down. wal-mart have hundreds of

thousands of products sold by 3rd party retailers. they can't control every product. it was not an initial licensed wal-mart party. i don't think columbia has a claim but they are trying to change their image to be more tourism related. they are trying to get publicity. >> shannon: exhibit-b, wal-mart's apology says: brian, they said we should not have done it. it's gone. >> wow. let's change wal-mart's name to scrooge! instead of santa claus and columbia delivering toys in the stockings, delivering razor

blades and powered. this is liable. that sweater is a statement. it's a know where statement and it's false. accusing columbia of running drug cartels with cocaine throughout the country. i believe they have a claim. wal-mart ratified the selling of the sweatshirt is on its website. this is caused liable per se. they are calling columbia crooks and there are presumed damages. it's a serious matter. >> shannon: it is. the agency for the legal defense of the state said the wal-mart sweater is an offense to the country. the damage was done. >> yes, the damage is done. the reason there is a connection between columbia and cocaine is

because of the history of columbia. there is an exception to liable for something that has a basis in fact. columbia has been known for trafficking cocaine is why people get the joke. the idea you would have a legal claim from a 3rd party sold on a website in another country which is based on a quote, that won't hold up in any courtroom. no court will say there is no connection between columbia and cocaine. that's what columbia is known for. that doesn't give them a legal claim in this case. >> shannon: brian, your final argument in response to robert. >> the bigger issue is i don't know what they are drinking in their egg nog at wal-mart but a bunch of ding bats are running the marking program. 2 years ago they above a fire arm, they had a sign back to school. last year they were selling on the website impeach 45 for the 45th president.

somebody needs to have heads turning over at wal-mart to clear this up. >> shannon: all right. we will watch and see if this ends in a full on lawsuit. there are threats flying back and forth. next friday, ugly sweater christmas on fox news @ night. check this out. a houston native mathis noticed a cute dog stepping out of the elevator in his apartment complex. then he realized his neighbor was on the elevator but the dog was left outside and the doors closed. johnny started a rescue and freed the dog just before the leash snapped. the dog's owner was already in the elevator was in tears thinking the worst happened. because johnny jumped in to save him everything was safe. happy ending. saved the dog.

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night at 7:00 ♪bo >> welcome to "tucker carlson tonight." as you may have figured out, i'm not tucker carlson, but i'm filling in. he will be back soon. in a matter of days, impeachment will be a reality. an open vote on the open floor of the house. this morning, the house judiciary committee approved two articles of impeachment against the president of the united states. >> the question now is on article one of the resolution, impeaching donald j. trump for abuse of powers. the clerk will call the role. >> mr. chairman there are 23 "aye" and 17 "no." >> the question is on article two of the resolution, impeaching donald j. trump for obstructing congress.