guests for enduring the chilly temperatures and the producers that booked them. watch tucker tonight. will you play yourself? have a great day. we'll see you back on the roof. >> bill: that lineup. president trump set to take his place in history today delivering his first state of the union address in prime time. promising a unifying message, set to cover a lot of territory as we say on this tuesday good morning, big show for you today. i'm bill hemmer live inside of "america's newsroom." how are you doing? >> sandra: an important day for this president and the country. i'm sandra smith. final touches are being put on the president's speech. a speech president trump hopes will strike a bipartisan unifying tone on critical issues. >> president trump: it will be good. we worked on it hard. covered a lot of territory including our great success with the markets and with the

tax cut and it's a big speech, important speech. we cover immigration and for many years, for many, many years they've been talking immigration and never got anything done. we'll get something done. >> sandra: the big speech tonight comes amid a whirlwind in washington as the house intel committee votes to make that classified memo on alleged obama era surveillance abuses public. >> bill: peter doocy is live on the hill. byron york and chris stirewalt standing by. we begin with kevin corke to kick off the hour. >> you are right on the money. final preparations underway for this evening's address right here at the white house. now you may have heard yesterday during the afternoon at some point the president did rehearse over in the map room and we're told he will once again rehearse here at the white house. even as speech writers continue to tweak some of the finer points of this evening's address. the president will focus on five major points, jobs and the

economy, immigration, infrastructure, national security and, of course, trade. also attending tonight's speech as guests of the first lady are the parents of a pair of girls who were chased down and unfortunately victims of the vicious gang ms-13. these folks are elizabeth alvarado and evelyn rodriguez and the parents of nisa and kayla, the girls killed by the gang. the speech will not only talk about the effort to protect americans and promote our values, it will focus on the idea that america is back. >> people will be very uplifted tonight, a positive speech. the first lady put together a wonderful group of guests tonight and many of them will be mentioned as part of the president's address. >> as you understand how these things go here at the white house we're always looking for excerpts. what can you tell me? what will the president say?

we suspect we'll get those during the day. as soon as i get a line or two i'll pass them along to you. >> bill: kevin corke leading our coverage this hour at the white house. thank you, sir. >> sandra: the controversial obama surveillance memo sits on the president's desk. the president has five days to make that decision and congressman trey gowdy says if it were up to democrats we wouldn't know half of what we have been learning about, about the f.b.i. >> if it were up to adam schiff you wouldn't know about hillary clinton's email, the server or who paid for the dossier. i find it ironic he has his own memo now. if it were up to him we wouldn't know any of it. >> sandra: peter doocy is live on capitol hill with the latest. good morning. >> good morning. tonight's state of the union will not be a big reveal of this memo that republicans believe will spotlight obama-era abuses of law

enforcement tools. it may be a few days before anybody has any idea what's in it. >> he has up to five days. i think the process we have to introduce it on the house floor. if the house is out of session we'd need to wait until we're back in session to make that happen. >> with that comes a new warning from the democratic leader nancy pelosi out with this statement. chairman nunes's memo contains significant inaccuracies and omissions that misrepresent the intelligence and jeopardize the law enforcement and intelligence communities. republican colleagues are pointing out democrats have been calling for the release of a controversial document, too. >> it's about transparency and the truth. a lot of americans have a question how was the dossier used, if at all? >> democrats aren't sure the nunes memo will make sense unless it's released with all of the classified intelligence that was used to compile it.

now illinois democrat congressman mike quigly describes the document like this. it's a book report by a high school kid at 1:00 a.m. on two red bulls who haven't read the book. democrats are trying very hard to cast this memo as insignificant because they think it is a republican attempt to undermine russia investigations. sandra. >> sandra: good stuff. thank you. >> bill: nothing against red bull, right? joke. byron york, and chris stirewalt. good day to both of you. if you are a republican are you ready for the money bite? this is dana perino with mitch mcconnell from yesterday and how he characterized the last year for republicans. watch. >> 2017 was the best year for conservatives in the 30 years that i've been here. the best year. on all fronts. and a lot of people are shocked because we didn't know what we were getting the donald trump.

he was doing fundraisers for chuck schumer three or four years ago. this has turned out to be a very solid, conservative, right of center, pro-business administration and we're seeing the results of it. >> bill: he was doing fundraisers for chuck schumer a few years ago. he characterized 2017 as the best year for him in his congressional history. >> why not? if you think about it this way the concern that republicans had about even still a year ago, would he be true, would he stick with them, would he govern as a conservative as president? and after something of a rocky start at the beginning of last year he definitely came to understand or came to see that leader mcconnell, house speaker paul ryan had a blueprint and a way to get through and get him to some successes and get some wins. now tonight we'll find out whether he is going to try to broaden that out and be bipartisan and do that other stuff, or is he going to stay

with his home boys? >> bill: in a manner of speaking. byron, draft off of that. >> first of all, a lot of what the president did that republicans liked in 2017 was using his own executive powers. he not only used congress, which helped on a number of things. obviously passed the big tax cut, but he used his executive powers to do the kind of things in terms of deregulation and judicial appointments that republicans wanted a republican president to do. as far as tonight is concerned, i think they've sent plenty of signals what they will talk about. i think if you look at the guest list, the people that are included sitting with the first lady tonight, you'll see what he is going to talk about. you'll see couples -- working class couples going to use their tax cut benefits to try to send their children to school or expand their business. you'll see the victims -- families of victims of ms-13 and families of members of the

military. immigration, the military and his tax cuts and economy. >> bill: patriotism is what i'm starting to pick up based on the excerpts. sarah sanders said this about the four-page memo. >> any specifics i can tell you none of the decision was made by that of the white house and any specifics i would refer you to the f.b.i. >> bill: andrew mccabe is out of a job. when do we see this, or do we? >> the division within the administration is -- relates to how much harm the release of the memo might do to the government's ability to protect us basically. are there dangers here that in order to make their point nunes and company could expose the intelligence gathering process? this isn't about the politics of it so much as legitimate concerns from the national security community about is this going to do more harm than good? >> bill: where are we?

>> this is the president's decision, not the justice department's decision, the president's decision himself. look, if it were not for the state of the union i think we would see it right now. i think they're holding on a little bit to not step on the president's big message tonight. i think by the end of the week we'll definitely see this and if you talk to republicans who actually drafted this memo they say they were very careful to not include information that they believe would be damaging to national security. talk to the republicans and they'll say no, releasing this will not hurt the united states. >> bill: my guess is thursday, would you agree with that? >> that would be a good bet for you. >> bill: is this an earthquake? >> which one? >> bill: the memo. >> no. maybe, who knows, i haven't seen it. this is part of what's going on right now as mueller reaches the terminal phase of his investigation, the inspector general who is looking into -- that's the real investigation here is the inspector general looking into what went on

inside the justice department and the hillary clinton investigation. those are all hot questions and all real. i think we're reaching the point now that whatever they come up with in congress each side is going to dismiss what the other side said. i don't think anybody will listen. we have to wait for the pros to come in with answers. >> i think we'll see dueling memos. this republican memo is going to be made public. i think that some version of the democratic counter memo is also going to be made public. i think the public deserves this. they deserve to see the best case that devin nunes can make and the best case that adam schiff can make. i think it's important for everybody to see both memos. >> bill: thank you so much. chris, thanks to you as well. enjoy the day and evening there in washington, d.c. >> sandra: keep it here for live team coverage leading up to tonight's state of the union address. we'll have coverage and

analysis all day and evening leading up to the big event at 9:00 p.m. eastern time. it's safe to assume the president is working on his speech as we speak. he has already done a run-through. we've been told. probably making some last-minute tweets. >> bill: i love watching tv on a night like tonight. i watch every channel, i see all the analysis. i encourage our viewers at home check us out in prime time later tonight. i think it's very interesting. >> sandra: big moment. >> bill: entertaining and important tonight. big focus tonight will be the immigration reform matter. the president will make it clear he is willing to work with democrats. will they work with him? senator bob corker about where things stand today on that, plus this. >> this committee voted to put the president's personal interests perhaps their own political interests above the national interest. >> sandra: democrats blasting the house intel committee vote to make public a classified fisa memo. republican congressman brad

wenstrup sits on that committee and will respond. >> bill: the president getting ready for the state of the union tonight following a year of strong economic growth and record numbers on wall street. ronna mccannall and mercedes schlapp will both be here. >> democrats made a mistake voting against the tax cut. the president said in davos and carry the theme tonight we're open for business. the four in one cleaning system kills 99.99% of odor causing bacteria, cleans where brushing may miss. helps remove stains and prevent stain build up. use polident daily.

>> president trump: for many, many years they've been talking immigration and never got anything done. we'll get something done. we hope. it has to be bipartisan. the republicans really don't have the votes to get it done in any other way. it has to be bipartisan. hopefully the democrats will join us, or enough of them will join us so we can really do something great for daca and for immigration generally. >> bill: where are we now? president trump isn't giving up on the deal making it clear tonight he is willing to compromise on issues like the dreamers but will the president get a buy-in from democrats? will he get a buy-in from conservative republicans in the house? bob corker, chairman of the foreign relations committee with me now. senator, welcome back and good morning to you. a big day and a big night here. thank you for your time. >> it is going to be a big day. thanks for having me. >> bill: you bet. take us behind the curtain.

where are things now? what should we understand about negotiations between your democratic colleagues and republicans? >> what's happened, bill, in order to keep 30 people from trying to negotiate a deal, john cornyn and dick durbin have been assigned to sensitize all the things people are bringing forward. i sat in on a meeting with 20 legislators on both sides of the aisle. my sense is people are starting with the lowest common denominator, could we at least deal with daca and security? as a baseline and then expand out to deal with some of the other issues. as you know, mitch mcconnell will put a bill on the floor and it is going to be amendable and i think that probably the best way to start again would be with that lowest common denominator and see what can pass from that point on. i do think -- >> bill: what's the lowest common denominator? define that first. >> dealing with the daca, plus

all of the border security. >> bill: it's chain migration, visa lottery, border security, funding for the wall, and it is the 1.8 million dreamers, right? that's your baseline? >> actually, the baseline is even narrower. i think the president has put out a very good proposal, okay? and i think that dealing with chain migration that is something that's very important for us to do or we end up back in this situation. the question is, what is it that we can get 60 votes on? so again, what i've heard is a huge move on the left willingness to accept $25 billion worth of border security, which is a significant move from where they have been. i say on the left. i say the more moderate members of the democratic caucus. and then a willingness on the republican side to deal with the daca recipients in a way that's appropriate. and then can you build out from

there, bill, to make it more comprehensive than that? i see good progress. >> bill: you think you get what? >> how many votes? >> bill: no, i stepped on your last line. you think you will get what, you were going to appoint there. >> again, i think the lowest common denominator is $25 billion in security, which i think the more moderate members of the democratic caucus are willing to accept. and then dealing specifically with the daca population. then building out from there so that we can hopefully deal with chain migration, deal with the diversity lottery. all of those things would be enhancements that would make the bill far, far better. the question is, what can we get 60 votes on? >> absolutely. the tweet from the president on screen. i've offered daca a wonderful deal including a doubling of

the number of recipients and a -- do they want to get to yes or not? >> it's interesting. i think the -- it's a great article this morning, bill, in one of the publications. i think those people that are running for president in 2020, those people would like to have this as an issue. those people are running for reelection in 2018, they want to solve this issue. and so i think what you've got is a split in the democratic caucus. and my guess is those who want to get something done are going to be the ones that will be successful in this effort. >> bill: that's wow. that's washington for you, huh? a place you are leaving in 10 months. thank you for your time. >> i hope we resolve this. >> bill: thank you, sir, i hope you come back as well. enjoy the evening. >> sandra: president trump has made it clear that america is

open for business. and now a bombshell announcement from one of the largest companies in the world. exxonmobile, the company saying it plans to invest $50 billion right here in the usa and they are just the latest company to do that. all thanks to the tax cut plan. rnc chair woman ronna mcdaniel and why the economy has republicans feeling strong ahead of tonight's big speech.

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you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> i think you'll hear the kind of speech most president wish they could give. we're doing well. a lot of things we've accomplished in 2017. unemployment 17 year old, economic confidence at a

17-year high. we overhauled the entire tax system for the first time in 31 years. a great justice on the supreme court. the president will be able to talk about a lot of great things he got done. >> sandra: paul ryan saying this state of the union address will be one of the most important for republican presidents only dream about delivering. joining me now is ronna mcdaniel, chairwoman of the rnc. the president will tell us how well things are going one year into his presidency? what do you expect? >> it's a report card. he reports back to the american people what is the state of our nation the year into my presidency. he said the state of our union is strong. jobs coming to this country. wages are up. unemployment 17 year low. hispanic and african-american unemployment is at an all time low. such great things to talk about. and he wants to keep that going.

he gets to talk about what he has accomplished, the record, the achievements and then what will we do going forward and reach across to democrats and think about how much better we could be together if you would work with me? >> sandra: that's no simple task. the white house is being very specific as to saying this president is going to make an attempt tonight to reach across the aisle, unify what is still a very divided congress. how can he do that tonight? >> he has had chuck schumer and nancy pelosi at the white house when he was trying to sell tax reform and champion that around the country. he went with joe donnelly and heidi heitkamp to their states and included democrats in every part of the conversation, even now with these immigration talks. democrats have rebuffed every attempt to work with this president. i think it's time for them to set aside their partisanship and put the american people first. the president is going to

continually reach out to them because he knows how much better we could do if we're working together. >> sandra: it's hard to believe we're about to flip the month on the calendar to february. here we are in an election year. how would you describe the current state of your party today? >> the state of the republican party is strong. first of all for all the reasons i just mentioned, our leader and the state of the economy and the accomplishments we can run on. we raised record money and 22 states and getting ready for the mid-terms. we know how important it is to keep the majorities so we continue down the path of prosperity president trump has put us on. it is that vital we keep these mid-terms and we're fighting as hard as we can at the rnc and across the nation to keep those majorities. >> sandra: you have made it very clear you expect the president to take a bit of a victory lap tonight, specifically citing the tax cuts and tax reform he has imposed that has caused companies to hand out bonuses,

give raises, and invest more here at home, including exxonmobile the latest very large company to announce plans to invest $50 billion back in the united states, the ceo saying it's a direct result of this administration's tax cuts. corporate rate coming down to 21%. what do you say at this point to democrats? you are hearing this a lot from nancy pelosi even heading into this address from the president tonight that this plan favors the wealthy, adds to the deficit, they are still coming down hard on these tax cuts and the tax reform plan by this president. >> it shows how out of touch the democratic party is. nancy pelosi is calling these $2,000 and $3,000 bonuses crumbs. to an average family in this country $2,000 bonuses aren't crumbs. it's blessing and gifts helping them pay their bills. it shows how far the democratic party has gone to the elite side.

they champion the wealthy. the republican party is now championing the working class in the middle of this country. they will have to answer for why no democrat, not one democrat voted for these tax cuts. in fact, they are so upset about it they are rooting against them and can't say one kind word about the bonuses, the higher wages, the 401ks benefiting or the bigger paychecks people will see in february. we'll go to the battleground states and talk about the democrats like joe manchin, heidi heitkamp and on and on and why did you vote against tax cuts for the middle class of this country? >> sandra: lastly, ronna, will the rnc be giving back those donations made by steve wynn? we're talking hundreds of thousands of dollars of donations to the rnc and resigned as the finance chair of the rnc due to the sexual harassment and sexual misconduct claims. he is denying all of those, but he has stepped down from the rnc. will you give them back? sean spicer said absolutely the rnc should give those back.

>> the allegations in the "wall street journal" were deeply troubling. they were so troubling that within 24 hours steve was no longer our finance chair. but steve has denied these allegations, unlike harvey weinstein and al franken and others, steve has denied them. there is an investigation that will take place. he should be allowed due process. if he is found of any wrongdoing we'll return 100% of that money. but we'll let due process take place. >> sandra: fair to say no plans now to give those donations back? >> we'll let the investigation take place. we removed him as finance chair and now we are moving forward. >> sandra: a big night tonight. thank you for being here with us. >> bill: when will the president make a decision on that surveillance memo? white house communications advisor mercedes schlapp here to answer this. did you catch this last night?

>> will we hear from this young woman? >> she told her -- we were in no way holding her back. if she wanted to -- >> if she wants to cam -- complaining about hillary clinton. >> she can say whatever she wants. >> a former clinton advisor talking about a former staffer who kept his job on her 2008 campaign despite accusations of sexual harassment. we'll hear from clinton soon. when is that and what will she say? on people! lobsterfest is back at red lobster... with the most lobster dishes of the year. new dueling lobster tails has two tails that'll fight to be your favorite. one topped with creamy shrimp and scallops, the other... steamed with lemon and herbs. and no, you're not dreaming, classics like lobster lover's dream are back too, along with decadent new lobster truffle mac & cheese. but enough talking about lobster- let's get to eating! - because lobsterfest won't last.

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>> bill: 9:34. we haven't seen this move in some time. the dow with the open four minutes into trading and we're off 200 points. coming back a little bit. concerns from overseas about global growth. europe turned in a pretty good number, right? gdp is europe was 2.5%. first time they've seen that -- europe had good news.

here at home apple did not have great news about the production for the new iphone x. they cut the production in half. that weighed yesterday. now you're seeing pressure today. >> sandra: sometimes it's healthy for the stock market to take a little breather every day. perspective is everything. president trump preparing to deliver his first state of the union address tonight at 9:00 p.m. eastern time. what can we expect to hear? joining me now mercedes schlapp white house advisor for communications. good to see you. >> i don't think there is enough hairspray to keep my hair down. pretty windy here today. >> sandra: breezy washington, d.c. morning. what is the president doing to prepare for this big night? >> the president has been very involved in drafting the state of the union and making sure that you will see him speaking directly from the heart. the president is going to be

focusing on building a safe, strong and proud america. he wants to address all americans and talk about how we are going to be lifting up all americans and ensuring they have expanded opportunities, economic opportunities, also investing in our american workers. this is going to be a very strong and powerful message where he wants to be forward-looking, bipartisan and calling congress to take action on so much of the priorities that the president is focusing on. he will also take the opportunity to talk about his accomplishments. last year was a very historic year in terms of passing a tax cut law and the benefits that we've already seen in our economy from over 250 companies providing bonuses or increasing their wages for their employees. having companies saying they will bring back business to america and as the president says we're open for business. so this is the renewed optimism we've been looking for for so long in american that benefits

all americans. the message of hope and strength that we'll see coming out tonight from the state of the union. >> sandra: we expect it to be a big moment for this president and you and other members of the president's team have said he plans to unify particularly members of congress there that are still so divided. how specifically can you tell us that the president plans to do that tonight? >> first of all i want to say one of the biggest components always in the state of the union is the gallery of guests. what the president will hone in on is the everyday american hero and what they're giving back to their communities. those are the people that we work for. we work for the forgotten men and women and so i think it's a reminder to both democrats and republicans that this is not about politics or party, this is about the american agenda. and so the president is working for the american people. and what he is presenting in so many cases -- when you talk about infrastructure and investing in our roads and bridges and in our workers. when you talk about immigration

reform, he is reaching across the aisle. he wants to work with the democrats to get the results done. and at the same time, he is going to talk about the fact that it's important that because of what he has pushed forward in terms of his economic vision for america, that is deregulation and job creation, that we're seeing the benefits and we want to make sure that we deliver that message to the american people. >> sandra: he will be able to deliver that message. but not to some democrats, mercedes, who say they are not going to show up. there is a lengthy list now including maxine waters, a democrats who says the president doesn't deserve her attention. frederica wilson, another rep says that it would be an embarrassment for her to be seen there. john lewis from georgia citing trump's recent comments about haiti and other african nations, barbara lee. we have pictures of the democrats planning to boycott the president's first state of the union address. what does the president think about that? >> we call it political theater.

political stunts by these congressmen who want a sound bite in the media. what the president is focused on is about that single mom in middle america or that hard-working construction worker who is now going to get a paycheck increase and be able to save for their child's education. this is about real stories. this is about talking about the progress we're making in america. this is about defending our homeland and national security. rebuilding america. rebuilding our military which, as we know, should be very much of a bipartisan issue. >> sandra: you would think they would want to show up. i have to move on to a couple other things. it's a busy morning for you, andrew mccabe is out. that making huge news yesterday. we later saw a video of the d.o.j.'s rod rosenstein and christopher wray leaving the white house after the announcement of andrew mccabe's departure from the f.b.i. was

made public. what were they doing at the white house? >> i'm not aware of that in particular what happened in that meeting. what i can tell you the president was not involved in the decision-making process of mccabe. this was something that i would refer you to the f.b.i. >> sandra: the president, what was his reaction when he did find out if he was not involved in his removal from the f.b.i.? what did he think when he found that out? >> the president has full confidence in his f.b.i. director christopher wray, a man of integrity. the president has been vocal and concerned about political interference of some in the f.b.i. who have made certain announcements and made certain suggestions. so again, there has been concern about the political interference. when it comes to mccabe that obviously was a decision made by the f.b.i. >> sandra: mercedes, lastly, the house committee last night had a debate and a vote. they decided to release and make public this very

controversial memo. it now sits on the president's desk. does he intend to make that memo public? >> the president is consulting with his national security team, with his legal team to decide the next steps and the next course of action. >> sandra: do you know which way he is leaning on that? >> the president has been consulting with his team. he has five days to make the defmgts -- -- he has been concerned with the abuses of fisa in terms of infringing in the civil liberties of our law-abiding citizens. the president has five days to make the decision. >> sandra: a huge day for you, the president, and the white house and this country. thank you for your time this morning. we'll all be watching tonight. >> bill: as we await a decision on that answer, trey gowdy says the democrats have been stonewalling this operation. >> my democrat colleagues didn't want us to find this information. they did everything they could to keep us from finding that information. it will be embarrassing to adam schiff once people realize the

extent he went to keep them from learning any of this. >> bill: what is in it and will you be able to see it? brad wenstrup has seen it and voted in favor to make it public and will explain his decision next live. brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs... you're like nothing can replace brad. then liberty mutual calls... and you break into your happy dance. if you sign up for better car replacement™, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. liberty stands with you™. liberty mutual insurance.

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to create even more opportunities. all across new york state, we're building the new new york. to grow your business with us in new york state, visit esd.ny.gov. >> today this committee voted to put the president's personal interest, perhaps their own political interest above the national interest in denying themselves even the ability to hear from the department and the f.b.i. when you have a deeply flawed person in the oval office, that flaw can infect the whole of government and today tragically it infected our committee. >> bill: the ranking democrat adam schiff slamming the panel's vote last night to release a classified memo to the public which reportedly details surveillance abuses by the f.b.i. ohio republican brad wenstrup member of that committee with me now and good morning to you and thanks for coming back here. what's in the memo?

>> well, let's start with process first of all. you just played a clip from mr. schiff. and the fact of the matter is that the f.b.i. director wray has seen the memo before we had the vote. we also had two people from the f.b.i. go through it, one an analyst and one very familiar with the fisa court. the memo is about the fisa court process. it's a process you can look up. it is free information to see how the process should carry out. we put forth a memo because we thought it was time for the american people and at least our colleagues to start with to see what has been going on in the government. we are the representative of the people. >> bill: do you think, congressman, that this program has been abused? >> well, i think that we certainly have some eye-raising things we've seen take place. i think the process hasn't been carried out to the intent it was supposed to. and i think that it's made for

some bad decisions along the way. sometimes there may be the possibility of information that has been withheld as the process goes forward. and so this is what we want to clarify. we want the american people to have eyes on this so they have some idea of what we've been dealing with. i will say this, bill, we voted unanimously. the democrats voted against us releasing this memo to our colleagues, we voted unanimously to let their memo go to our colleagues. we're trying to be fair, professional, informative, transparent and get to the truth. >> bill: do you think once the memo goes public, assuming it does. you voted in favor. let's see what the white house does with it. does this clarify the russia matter or does it further cloud all matters russia? >> i don't think it clarifies it completely. i think it is one component of it. it has to do with the court process. and that's one of the things we want to bring forward. we will continue with our investigation on all other

matters. but this is an important component as to how things took place. how accusations were ultimately made and the process taken by f.b.i. and d.o.j. who, by way, ignored sub aoen yas and stonewalled us every step of the way. having them engaged in the process even though we got the f.b.i. involved is a little bit tricky. they're the ones we're talking about and the ones that made it more difficult for us to conduct our investigation. >> bill: adam schiff said you have a deeply flawed person in the oval office. and that can infect the whole of government. justice department official warning devin nunes the chair of that committee it would be extraordinarily reckless to make this public. how do you react on that front? knowing the position is such 180 degrees away from the case you're making. >> they have not necessarily seen the memo and also i think

that it's disingenuous or wrong to be making personal attacks when we talk about putting facts in front of the american people. >> bill: do you think it's reckless or not? >> i don't think it's reckless whatsoever. >> bill: how will our minds change when we see this summary? >> i think it will give you an opportunity, especially where you sit, bill, as you watch these things and talk about them, to see what the process should be like and what the process was that actually took place. you can form your own opinion. i have a feeling the opinion you will form will agree with where i am. >> bill: i'm assuming you expect the president to make this public later in the week. he has a five-day deadline. what do you think he does? >> i can't speak for the president. i can tell you we have followed all the rules in this process and at the same time we're allowing the democrats to do the same thing and follow the same rules that we did. >> bill: sir, thank you for your time. that's the republican from ohio, brad wenstrup. we'll see in time. thank you, sir, for sharing

that with us today. >> sandra: strong new reaction out of the pentagon after a california teacher insulted the brave men and women who serve in our military. >> we don't have a good military. you think about the people you know. uncle louie or whatever -- oints. but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember.

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>> they're not high-level thinkers. >> bill: the defense department firing back insulting the intelligence of our military members and talking about recruiters as pimps. they call the comments uninformed and not an accurate picture of those serving and why they serve.

school officials saying they're investigating. >> sandra: breaking news from the u.s. border patrol. two young men arrested near the u.s./mexico border both with daca status here in the united states. both accused of human smuggling. jonathan hunt is live in los angeles for us this morning. jonathan, what does border patrol think these men were up to? >> we have two separate cases that we're looking at here. one east of san diego close to the border. one north of san diego on the coast. now in the first case in the border area east of san diego, border patrol agents arrested two illegal aliens and in the process noticed two suspicious vehicles. they pulled over one of those vehicles and the 22-year-old driver admitted he was working as a scout for a human smuggling crew working with another driver to relay information about border patrol movements. >> under daca this being involved in a human smuggling event is a violation and they

will be held in removal proceedings in dhs custody and ultimately removed from the country. >> agents also discovered this was far from the first time that man had successfully participated in human smuggling operations. so they've got him on several charges, sandra. >> sandra: the other incident? >> this is the one along the coast about 30 miles north of the border. it happened as a result of a tip from a citizen who saw a smuggling operation near torrey pines state beach. agents moved in on a vehicle to conduct an immigration check and found three men inside, among them the driver who is a 20-year-old daca recipient. immigration attorneys argue, though, that these are isolated cases. >> daca recipients are usually 99% of the cases the ideal

immigrants. it's not these events are possible but it seems more inflammatory than it needs to be. >> we should point out these are indeed just two daca-related arrests amid some 700,000 daca recipients in the country. clearly worth noting today with president trump preparing for his state of the union he will no doubt have to say about immigration, daca and any possible path to citizenship. sandra. >> sandra: you can count on that. jonathan hunt, thank you. >> bill: busy day on the hill ahead of the state of the union address. we'll see house republicans hold their weekly news conference. right now leaders are calling for the surveillance memo to be released to the public to, quote, let it all out there. we'll see what they say about that in moments. as our live team coverage leading up to tonight's prime time speech continues, and fox news sunday host chris wallace joins us live next.

>> sandra: president trump heading to capitol hill tonight to deliver his first state of the union address as house republican leaders are holding a news conference, as you can see on the left-hand side of your screen at this hour. we expect them to address the speech and the controversial obama surveillance memo. it's on the president's desk. will it be released to the public? welcome to a brand-new hour of "america's newsroom." i'm sandra smith. a big day. >> bill: i'm bill hemmer, the president address a joint session of congress shining a spotlight on his first year in office. offering to work with democrats in the year ahead. white house communications advisor mercedes schlapp giving us a preview 30 minutes ago here on "america's newsroom." >> the president is going to be focusing on building a safe, strong and proud america. he wants to address all americans and talk about how we're going to be lifting up all americans ensuring they have expanded opportunities. he wants to be forward-looking, bipartisan and calling congress

to take action on so much of the priorities the president is focusing on. >> bill: team fox coverage. chris wallace standing by in d.c. first john roberts from the north lawn of the white house and what he is picking up so far today. >> the president did a run-through yesterday in the map room of the full state of the union speech getting ready for the big moment tonight. he starts by listing thinks accomplishments in his first year. tax and regulatory reform first and foremost among them. the president believing he is laying the ground work for a playing field on which american businesses can thrive. of course, there likely may not be much mention of the big legislative failure last year, the failure to repeal and replace obamacare but the president holding that in reserve for 2018 or beyond. the first year of his presidency was really all about getting some of the tougher legislation through. legislation that could be considered to be partisan.

now the second year agenda will look toward bigger picture items that he can attract a fair amount of bipartisanship, the president is hoping. and on his laundry list are furtherering the creation of jobs, growing the economy, big infrastructure package, immigration, trade, national security. on infrastructure the president believes he can get bipartisan sports on they tout a plan between 1 trillion and 1.8 trillion depending who you listen to. the president said the other day 1.7 trillion. and republicans up in congress are thinking you probably have to break it into a number of different pieces. you can't do it all at once. maybe do roads and bridges in one, do faa and something -- some other items in another one. the democrats, though, already critical of the president's efforts to rebuild america's infrastructure. chuck schumer in an op-ed in the "washington post" saying the president promised a

trillion dollar investment in infrastructure. what we've heard isn't promising. democrats will hope the president will change course by emphasizing the need for a federal investment in infrastructure. what we understand so far it will be something along the lines of a public/private partnership to repair roads and bridges at the very least. the white house and press secretary talking about a big night tonight. >> he is yet to have a big moment that hasn't gone well. this is a person who rises to the occasion. i think you'll see a lot of that tonight. again, he has a great story to tell. there has been a lot of things that the media has tried to distract from the successes of the president. but tonight this is his stage and his time to talk directly to the american people and i think you are going to see a lot of the president himself come through in his words at

the state of the union tonight. >> bill: historically presidents have used the state of the union as a booster rocket for their agenda for the year. last year he was basking in the afterglow and got momentum for a day and jeff sessions recused himself from the russia investigation. bill and sandra, what remains to be seen, can the president use this to create some momentum or is the next shoe going to drop in the russia investigation or something else that will take it off the front page? >> bill: we continue to watch. thank you, john roberts from the north lawn. >> sandra: we'll see if chris wallace can answer that question and he joins us now. a big evening tonight. and john roberts brings up a very good point. while we've had the white house this morning setting up that high expectations for the first state of the union address from this president, that is a big question whether or not that momentum can carry on. all of a sudden it will be all about immigration and funding the government and nine days away from another deadline. if it is a spectacular evening

does that carry over? >> well, look, i don't have any doubt the president is going to do very well tonight. he does well in these big speeches. he did well last year. it wasn't officially a state of the union but it was a speech to a joint session of congress last february. a lot of people, including me, thought it was terrific. he has given a lot of great speeches in afghanistan, the davos speech, a variety of others that have been great. oftentimes he steps on his own story and gets into a controversy. he reacted badly last year when jeff sessions recused himself. a lot of the momentum from the speech disappeared. so to me it's less a question of how he does tonight as how he does tomorrow and thursday and can he continue the momentum? infrastructure is a good example. a trillion half dollar infrastructure program. a lot of the money democrats

were counting on for that went to pay for the tax cuts. and as a result, he is talking really about only $200 billion. only in washington would you say only $200 billion to try to leverage into a trillion dollars in state, local, and private money. and what's interesting about this is that generally speaking without getting too far into the weeds it's an 80/20 split. the white house is talking about a 20-80 split. 80% local or private money. that will be hard for a lot of localities can be able to afford. >> sandra: can the president deliver the message that the white house is setting it up to be? >> another example. immigration. i'm sure he will talk about the fact he wants -- he made a huge concession by saying that he wants to give 1.8 million people either dreamers or

people eligible for dreamer protection who haven't signed up to give them a pathway to citizenship. there are a lot of hard line conservatives on immigration issues who are very upset about that. gives them heartburn. on the other hand he is demanding a lot in return and the democrats say too much in return. so he can deliver what he says is a unifying message, whether it will unify republicans and democrats to be able to get a deal is very much to be determined. >> sandra: what do you make of this growing list of democrats who say they are going to sit this one out? when i say growing, we've had to update the graphics. frederica wilson, maxine waters, barbara lee, gregory meeks, a bunch from illinois. danny davis. all say they won't be attending, some of them say, maxine waters says the president doesn't deserve her attention. some say they would be embarrassed to be there. what do you make of that? >> they have the right to do it.

i'm sure some republicans boycotted barack obama when he spoke. i personally think it's a mistake. i think to a certain degree you go to the state of the union not to honor the particular president but honor the institution of the presidency to at least hear what the man has to say. i suspect that he and the standing room only crowd in the house will proceed just fine without them. that's their decision and i guess as we say it's a free country. >> sandra: i expect we will see a bit of you tonight for state of the union coverage into the wee hours of the night. >> i love it. i've been doing it since 1981 with ronald reagan. sometimes the speeches don't last very long in terms of their impact but there is a pomp and circumstance to the president coming down the aisle and being greeted and the diplomatic corp and some

members of the supreme court. the whole government is there. regardless of whether you like the president or not, it's one of the things we celebrate in this demz. >> sandra: a patriotic moment for sure. see you tonight. thanks for being on this morning. >> bill: it is now in the president's hands to declassify the fisa memo. the house committee voted to make it public. mr. trump has five days to review it and make a decision. surveillance abuse memo by the obama-era f.b.i. and justice department. trey gowdy says it looks like the president will go forward and make it public this week. >> indications are he won't exercise that. if you're interested in whether or not the dossier was used in court proceedings and interested in whether or not it was funded by a political opponent you'll want to see the memo. >> bill: catherine herridge live in washington on what we know today. >> the committee's republican

chairman and ranking democrat met behind closed doors for five hours yesterday about the memo. the democrat's version will be there for people to review. a transcript should be as early as today to allow folks to make a judgment on claims by the ranking democrat that communication between members has broken down. >> i think we have crossed a deeply regrettable line in this committee where for the first time in the 10 years or so i've been on the committee there was a vote to politicize the declassification process of intelligence and potentially compromise sources and methods. >> democrats also claim the republican oversight investigation into the f.b.i. and justice department during the 2016 campaign was news to them. back in december you will remember the republican chairman devin nunes told fox it started eight months ago.

>> we have had an ongoing investigation into d.o.j. and f.b.i. since mid-summer for fisa abuse and other matters we can't get into too much. >> committee members aren't discussing the memo's contents but we understand it covers the identification of american citizens who were swept up in foreign intelligence gathering operations known as unmasking as well as the trump dossier. to what extent it was used to get -- "the new york times" report a surveillance warrant for a policy advisor carter page was extended in mid 2017 by rod rosenstein. for important context the removal of the deputy f.b.i. director takes it to a half dozen senior executives part of comey's inner circle who are let go, retired, or reassigned. >> bill: a lot there. >> sandra: the republican

leaders are holding their weekly news conference right now. you can see speaker of the house paul ryan. this is a big day for republicans with the state of the union address coming up. let's listen. >> it's because of these filibusters of the vital appropriation bills. as we saw last week the consequences are real. men and women in uniform depend upon these resource efs to keep themselves and us safe. i urge senate democrats to do the right thing. drop the filibuster. process the legislation. we want to find a daca solution. don't hold up our military funding hostage for this. let's move forward. on a positive note i'm excited to hear president trump's state of the union address. it is looking up. it is encouraging to be able to come and hear an upbeat tone at a state of the union. this was my 20th of these that i've sat in. i have to tell you to be able to hear a state of the union as bright as it is right now is

something that's very encouraging. wages are rising, economic confidence is coming back to america, tax reform is now the law of the land and playing a huge role in this transformation. as steve mentioned just yesterday we heard from another major employer about investing another $50 billion into this economy because of tax reform. just a couple weeks from now 90% of american workers, 90% of american wage earners will see their paychecks get bigger as the i.r.s. new withholding tables are put into effect in february. this is a big deal. we were working the concession stand at our parish on sunday for kids' basketball games. a friend of mine could not wait to come up and tell me about the bonus that he had gotten and the wage increase he had gotten and what it will do for his life. wherever you can you have people saying this is a new car payment for me. it's working. those of us who worked on this issue for so many years thought and suspected if we do tax

reform in america the right way it will unlock a lot of economic potential. it is unlocking so much more economic potential than we even imagined. so we're very excited. economic confidence in america is at a 17-year high. unemployment in american is at a 17-year low. a big deal for americans across the country. a lot more work to do. i look forward to president trump's speech tonight to find a way forward and get more done for american people in 2018. questions. >> regarding the nunes memo. why is it okay for republicans in the house to release a republican memo and not at the same time the democratic memo give the american public a full picture, both sides of the argument? >> it's following the process as the process is laid out and that's what is happening. i would remind you that the democrats tried blocking the rest of the members of congress from even having access to the memo that the majority wrote. yesterday the majority voted to

provide access to the democrats' memo. the process is this. an 11g process which is a memo gets released to the broader members, they read it. then you go and scrub to make sure that no sources and methods are compromised. the majority's memo went through that process. this memo that we got popped on us yesterday is going through that process. i will just tell you unlike the democrats on the intelligence committee who voted to deny access to this memo the republicans voted for the democrat's memo. as kevin was mentioning, the chairman went to the f.b.i. to go through the memo to make sure that we were protecting any sources and methods and we're confident that we are. none of that work has been done on this new memo that no one

has yet read. the republicans voted to allow the rest of the members to read it. >> why not ask the republicans to wait and release theirs at the same time as democrats release theirs? >> we'll go through the process as the process is laid out and it's ironic that the majority voted to give access to the memos and the minority voted to deny it. >> [inaudible question]. >> let me make four points. i wrote some of this point. first, there are legitimate questions about whether an american civil liberties were violated by the fisa process. we are the legislative branch of government. it is our job to conduct oversight on behalf of the american people of the executive branch in case any powers were abused and civil

liberties abused by the executive branch. there is a legitimate issue as to whether or not an american civil liberties were violated in the fisa process. point two. this is a completely separate matter from bob mueller's investigation. his investigation should be allowed to take its course. point number three. there may have been malfeasance by people at the f.b.i. and let me finish my points. there may have been malfeasance at the f.b.i. by certain individuals. so it is our job in conducting transparent oversight of the executive branch to get to the bottom of that. sun shine is the best disinfect ant. we want information to come out to transparency can reign supreme and accountability can occur. a fourth point. the institution of the d.o.j. and f.b.i. is very important institution for american life. it is a very important institution for keeping the rule of law intact. the men and women -- the vast

number of men and women there are professionals doing their jobs and doing them well. the people over in the field office in milwaukee at the f.b.i. office are helping keep heroin and opioids out of our schools. we want the people of the f.b.i. to know we respect their job and respect who they are and what they do. and all the more reason why we need to have transparency and accountability to hold people accountable if they violated the rules. if they acted in a wrong, improper way. that's what we're doing here. >> all the other conclusions that are to be drawn by this investigation in the house are being held until the end. why is it important to get this conclusion -- >> it would have been great to have all the document we requested months ago but we did no. congress has been asking for all these documents to do the executive branch oversight. the inspector general who just

told us a couple of days ago all of a sudden they found the 5,000 text messages that were lost. it would be nice if all of this information that congress had requested would have been delivered when we asked for this stuff last august. so we have not been getting the information until fairly recently. that is why this is taking so long. >> there has been some reporting of the president wanting to fire deputy a.g. rod rosenstein. do you think it would be a wise decision? >> i think rod rosenstein will be doing a fine job. he was hired after this last election. i think the people at the f.b.i., at the d.o.j. need to clean their own house if there are problems in their own house and that's important. he came in after this last election. >> are we going to see action on the bills -- >> that's paul ryan speaker of the house wrapping up the gop house members' weekly news conference. this is a big one because of the state of the union address. the president's first of his presidency happening tonight.

bill, i'll bring you in on this. a lot of news being made there. paul ryan saying he and other gop members excited to hear the president's address tonight and the immigration deal and that deadline quickly approaching. he said we want to find a solution for daca. we will find a solution for daca. but then he got asked all those questions about the controversial memo. >> bill: he was ready for it. i have four points and i wrote them down. were civil liberties violated? point number three was there malfeasance by some members of the f.b.i. and number four the institution of the department of justice and f.b.i. it's important to keep intact. he has thought carefully about this. they have voted to make it public. my guess is we see this before the week runs out. >> sandra: he said we are going about the process. he didn't give an estimate on time. that would have been helpful but we don't know that yet. over and over again you heard the word transparency and accountability. the speaker saying we want transparency so there can be accountability.

>> bill: more coming up on that clearly. >> sandra: all right. as we await a decision on that surveillance memo a speedy exit for the f.b.i.'s second in command. what was behind his sudden departure? >> bill: also this ambitious idea to -- you won't believe who is teaming up to try to make a better plan on healthcare. >> sandra: a bombshell report hillary clinton helped protect a senior advisor accused of sexually harassing a female subordinate. >> will we hear from this young woman? >> we were in no way holding her back.

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>> sandra: speaker of the house paul ryan wrapping up the

weekly gop news conference. house gop leaders weighing in on whether or not we are going to see the controversial memo. he was asked several questions about it. were american civil liberties violated? he wants to see transparency. we're going about the process. thomas dupree, you were listening to the gop news conference. what did you learn there? >> i did listen and liked a lot of what the speaker said. what i particularly appreciated he put the spotlight where it deserves to be put. number one, congress has an important oversight role in insuring no american civil liberties were violated and emphasized the importance of the f.b.i. as an institution. i think one danger of all the discussions we've been having in the last few months is people might start losing faith in the f.b.i. overall. i thought the speaker did a great job in emphasizing that the rank and file f.b.i. agents are out there on the front

lines protecting america. a message that often can get lost in the back and fort. >> sandra: we spoke with the white house this morning and the president has that decision on his desk right now after the house intel passed and said let's move forward with this. we don't know yet whether or not it will be made public. your thoughts on whether or not we'll see this? >> i'm 99.9% sure we'll see it. in fact, the president has a few days to make the decision and has a national stage tonight. he has a flair for the dramatic. it wouldn't surprise me he would announce he would release it. >> sandra: now moving to andrew mccabe's departure. it came as a bit of a shock midday yesterday. his ouster from the f.b.i. what can you tell us today about all this and andrew mccabe's sudden exit from the f.b.i.? >> to me the fact that he is leaving is not at all a surprise. the precise timing of it we didn't know.

he was approaching retirement and come under fire from a variety of quarters for what happened in the run-up in the election. the fact he is leaving does not surprise me. what's significant. it was a decision made by director chris wray himself. he didn't want to be pressured into making personnel decision and wanted to review whatever evidence he had. >> sandra: the timing is what stuck out. we know that the f.b.i. director had just been given a look at that memo and then all of a sudden we heard andrew mccabe's departure. by the way, christopher wray from the f.b.i. and rod rosenstein from the d.o.j. were seen leaving the white house shortly, the video here, shortly after the announcement of become cabe's departure yesterday. this is about noon or 1:00 p.m. hour yesterday. i asked the white house this morning about that. they couldn't give us any details on that maoengt. what do you think was going on there? we were told he was meeting with the chief of staff john kelly purportedly.

>> they could have been discussion of making the change. the president installed chris wray in this job in large part to restore a sense of independence and apolitical nature of the f.b.i. i think the director is responsibly moving forward deciding who he wants to put in the senior leadership posts. he made clear he won't be pushed or pressured into making decisions but he wants to look at the evidence which might include the memo, it might include reports he has gotten from the inspector general and make personnel decisions himself on an independent apolitical basis, which is how it should be done. >> sandra: i only have a few seconds left. does the release of this memo put the white house at odds with the d.o.j.? >> at the moment yes but the d.o.j. will take a look at it and maybe they can reach a come promise. i hope they'll work it all out. >> bill: president trump now expected to extend the hand across the aisle tonight in the

state of the union address. >> this president is going to continually reach out to them because he knows how much better we could do if we're working together. >> bill: so he is ready to reach out, he says. are democrats willing to reach back? our panel will take that up coming up >> sandra: you can expect president trump to call in $25 billion of funding for the wall tonight. we'll head down to the border and check on how that process is going. the winter of '77. i first met james in 5th grade. we got married after college. and had twin boys. but then one night, a truck didn't stop. but thanks to our forester, neither did our story. and that's why we'll always drive a subaru. but when we brought our daughter home,

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>> bill: right now the president's first state of the union address. his team saying the president will shoot for the future with optimism and a bipartisan message. keep an eye on that word. some of what we've heard over the past 90 minutes. >> he gets to say the state of our union is strong. we have jobs coming to this country, wages are going up, unemployment is at a 17-year low. >> as the president says we're open for business.

this is the renewed optimism that we've been looking for for so long in america where it benefits all americans. that is going to be the message of hope and strength that we'll see coming out tonight from the state of the union. >> bill: with me now marie harf former state department spokesperson. how are you doing? and josh holmes, former chief of staff to mitch mcconnell who had some very interesting things to say with dana perino yesterday. josh, welcome back and good morning to you. if the message is bipartisan, josh, what do you look to see democrats do? >> i think this is actually the most interesting part of tonight's speech. there is a lot of talk about how it's the president's opportunity to get around the media filter, talk directly to the american people. particularly important because of the skeptical eye this media provides this president. but equally important here he has a democratic party that has been absolutely dug in on president trump no matter what it is he proposes. we're two weeks removed from a

government shutdown over an issue that basically president trump and democrats should be able to agree on. he has extended a hand here. i think he will reiterate that again tonight. if you see democrats sit back on their hands and have frown faces and look like they are disgusted as they have up to this point i think they'll start losing some of the electorate as they look at what party is actually working to try to get something done here. >> bill: interesting. you are keeping an eye on whether or not there is a level of bipartisan cooperation. that's what i hear in that answer. marie, what do you think? are they going to reach out their hand in return? >> well, i think we'll see, bill. one speech is important, the state of the union is certainly important. but the proof will be in the pudding. donald trump is good at giving a speech that is prepared in these kinds of settings. we saw last year when he did his address to congress, he can do this fairly well. that bipartisan tone will only last until the next tweet where

he goes after democrats or until they put policies on the table that aren't bipartisan. so i think the question will be how long that tone is kept and maintained by the white house after tonight? and yes the economic news has been good and people are feeling optimistic but the country is feeling a sense of division. i want to see him talk about that. >> bill: paul ryan said this about the memo and more. >> there may have been malfeasance at the f.b.i. by certain individuals. so it is our job in conducting transparent oversight of the executive branch to get to the bottom of that. sunshine is the best disinfect ant. what we want is all of this information to come out so that transparency can reign supreme and accountability can occur. we want the people of the f.b.i. to know we respect their job and who they are and what they do. and all the more reason why we

need to have transparency and accountability to hold people accountable if they violated the rules. >> bill: i thought it was a very impactful at -- statement. he was ready for the question and knew what he wanted to say. no matter what comes of this, the integrity of the institution of the f.b.i. and the department of justice must remain intact. go ahead and react. >> that's right. a lot of conservatives are expressing a ton of exasperation with this investigation and we haven't gotten anywhere with the investigation. there is no smoke, fire, nothing. we've gotten to a point where people are openly and rightly questioning the integrity of a couple of f.b.i. agents who were in charge of not only the trump investigation but the clinton investigation. a very important aspect to the

american national security and law enforcement with the f.b.i. has come into open question by some conservatives. the speaker has it right. his point should be the one that takes hold here and we should hopefully help protect the institution as well. >> bill: i'll summarize it for both of you. what he was saying this marie is handle this with care and made a point of that. >> absolutely. when paul ryan said we need to get the facts out there, the american people deserve to know. i would argue that should also apply to the memo prepared by the democrats on the committee. that if you want to take a look at the fisa process which this memo does, let's do it in an complete way. the republicans prepared an incomplete memo that cherry picks information to make a partisan point. let's see both. let's get the democratic memo out there, too. >> bill: they've explained they are going through the process. i want to get one more comment. you used to work for mitch mcconnell. he told dana perino he said

there has never been a better year than 2017 for conservatives in washington and this is from a president doing fundraising two or three years ago with chuck schumer. >> republicans didn't know what to expect from the administration and ended 2017 in a spot we only could have imagined in our wildest dreams. you talk about 12 circuit court judges, supreme court justice that's out of this world. the first tax reform in a generation. you repealed the individual mandate. i mean, the list goes on and on and they just keep going, right? i think the regulatory roll backs have been equally important. this has really been a home run. >> bill: they keep going on, don't they, marie? i think you're tired of winning. i can see it in your face. >> you also have a president at record low approval ratings. you didn't get obamacare repeal and replace done and republicans are rightly very concerned about the mid-terms

where it looks like there could be a democratic wave. yes, the economic news has been good, the judges certainly have been good for conservatives. it is a toss-up with the mid-terms, bill. >> bill: thank you guys, see you later. >> sandra: the panel there. special mission testing the vulnerability of the eight border wall prototypes. they found those models almost impossible to breach and scale. we're live from the border in san diego. >> you want any fence to be more a speed bump to illegal immigrants. the prototypes represent the next generation in fencing either os a secondary fence or to replace the old rusting steel fence that takes 90 seconds to cut through. these were pretty much impassable during testing. san diego before a fence.

>> 60 or 70 heading for the parking lot. >> apprehensions down 95%. >> yuma before a fence and after. illegal traffic down 90%. that's mexico. on the other side you have a secondary fence. those who work here say fences work. >> they reduced the amount of traffic, the flow of migration and drugs that was coming across the border. >> the evidence shows that barriers work. homeland security teams took jack hammers, saws and torchers to the prototypes. >> you see a 25 to 30 foot wall it is daunting. >> they climbed the walls and all failed but one. will they scale it and tunnel under it, yes, if you discourage as much as you can on the onset you are dealing with a smaller portion. >> each border sector will

extend an existing fence, replace an old fence or add a secondary wall allowing agents to apprehend immigrants. >> they won't say a wall across the entire border. >> as for the prototypes. each sector has the freedom to modify the design. it will look different in san diego and tucson. >> bill: a former hillary clinton advisor trying to explain why hillary clinton has been silent after reports surfaced she kept a former staffer on her team despite sexual harassment accusations. >> no one is stopping her except herself. that should be respected. she told secretary clinton she was happy with her sharing their conversation if it helped. >> bill: now we're hearing she will respond imminently. howie kurtz is here to analyze all that next. okay, i never thought i'd say this, but i found bladder leak

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>> are we going to hear from this young woman? >> we were in no way holding her back. >> bill: will we hear more from hillary clinton on this? >> sandra: accused of harassment by multiple women but clinton herself reportedly kept him on the campaign. joining me for more on this the author of media madness and the war over the truth. howie kurtz is a fox new media analyst and host of media buzz and joins us now. good to see you, sir.

before we get to this book, this lovely book, can you please weigh in on potentially hearing from hillary clinton imminently as you just heard described what you may hear? >> what this tells us hillary's strategy of just brushing it off did not work. what she did 10 years ago doesn't look good and it looked bad when her former campaign manager went on the air and said i tried to fire this guy and hillary clinton overruled me. >> sandra: she has responded in the form of tweets at a minimum. we've heard she is dismayed by the allegations, heartened that the women came forward. >> these aren't going to cut it. we saw it with the campaign. she is slow and cautious to react until a controversy builds. >> sandra: can we please move onto this book, donald trump, the press and the war over the truth, what did you write about, howie? >> i tried to get inside with

exclusive reporting about this hostile relationship between the president and press going into its second year. i believe that the mainstream media -- i come out of there and i love the news business. i think it has fallen into the president's trap because what many of our colleagues fail to understand is that negative coverage even tsunami of negative coverage helps president trump. it means he dominates the news agenda day after day and hits back at the press. we love to talk about ourselves and we cover that and secondly it shows how too many journalists in this business are out of touch with the people who support donald trump to this day and they feel like the elite media look down on them and view them with disdain and they root for trump when he is tackling our business. >> sandra: i thought it was interesting in davos he was asked about what his -- what happened in his life before being president that prepared him for this role? and one of the ways he answered

that was he has always been covered like this by the press. the press has always been fascinated with donald trump. he dealt with it then and now. >> it was different when he was a new york real estate developer and a celebrity apprentice guy. he is good at manipulating the media. kellyanne conway says i'm usually a gracious person but your networks are a hot mess and the president said msnbc is run separately and kellyanne it's your stepchild. at the same time the president wants to win over the press even though he is constantly attacking us. sometimes he goes too far. >> sandra: he talks to the press all the time. >> amazing amount of access. we aren't the enemy of the american people. we're sometimes our own worst enemy. they have had a number of off the record meetings and it starts out with the president yelling at chuck todd and he

yells back and they have a civil conversation. he is working it at the same time. there has never been a president who has attacked journal lifts so -- >> sandra: do you think he will talk about the media tonight in the state of the union address. >> i tend not. he wants to send a bipartisan message. tomorrow or thursday, particularly if he doesn't like some of the coverage, then i think we're a great foil for this president but i think our credibility is being hurt by the way we have covered this president far different standard than any other modern president. >> sandra: go out and buy the book. >> bill: congratulations, well done. jon scott is coming up next. a quick preview with jon. >> president trump gearing up for his first state of the union address. surely preparing to take a victory lap on the u.s. economy and republicans on the house intel committee voting to release a classified memo detailing alleged surveillance abuses during the obama administration. now the final decision is in

the president's hands. will he release that memo with democrats saying it could jeopardize national security? and two young daca recipients picked up for human smuggling. what happens to them. "happening now" top of the hour. >> bill: for years some had considered a major league baseball team's logo racist and now that team is changing course. what this is all about coming up next. n together in simulator, n together in simulator, to know exactly what to do before they have to do it. because safety is never being satisfied. and always working to be better.

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>> bill: the team announceings it will take away and remove its logo from jerseys and caps starting in 2019. chief wahoo we're talking about. this is fox news radio. this has long been debated. why now? where is it coming from? >> they finally caved.

1947 we've been seeing chief wahoo as a logo. he was seen in major league logo. in recent times and political correctness times changed. >> bill: to whom did they cave? >> i think they caved to folks on the far, far left because the people who were most outraged by this are not native americans. the people who show the most outrage are those who identify as very liberal. in 2016 the "washington post" took a poll of native americans and asked them to what degree are you offended? 9 out of 10 said they aren't offended by the name redskins or imagery of native americans with sports team names. >> bill: the native americans did not express their displeasure for the logo. >> public policy voting asked ohio voters do you approve of the indians chief wahoo.

66% approved. even hillary clinton clinton voters. 52% approved. again, who is making the uproar and when we look back in 50 years. >> bill: it comes off in a year and a half. 2019. >> they will continue to sell merchandise with chief wahoo in the stadium shops so they can keep the trademark. >> bill: they'll make a lot of money on merchandise before they make that transition. who is next? is it the kansas city chiefs, the washington redskins? who is it? >> commissioner goodell says he doesn't believe the redskins owner is going to change the name. keep in mind the cost of branding. it's easy to say it's not nice, people don't want to hear that anymore. the cost to rebrand a team we're talking $15, 20, 30 million and for whom?

generally we think in terms of when a minority has to fight for its rights. it's that minority fighting for its own rights. i wish the native americans were jumping up and down and say change the name only the satisfy the story. >> bill: goodell works for the owners. >> yeah. and the redskins has been a longstanding fight and the same with the indians. i was surprised to see the baseball commissioner thinks its time. >> bill: see you in minnesota. enjoy the super bowl. >> bring your mittens. minus 2. thank you. >> sandra: lots of layers it will take. president trump returning to prime time delivering his first state of the union address tonight before congress. keep it right here for all-day coverage. when i received the diagnosis,

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bill hemmer is our one lucky guy on "outnumbered". >> got to be ready. wear your kevlar. they come from all angles, right? >> continuing coverage of the state of the union. an awesome day to have you. i just got serious. >> you shall have my back. >> we'll see you at noon. "happening now" starts now. >> jon: we start with a fox news alert on the ceremonial kickoff to president trump's second year in office with his state of the union address just hours away. good morning on this tuesday. i'm jon scott. >> i'm julie banderas. major progress on the cone me and push for bipartisanship among the themes for tonight's speech as the president addresses the congress and the nation live the prime time and set to pitch his immigration plan as the clock ticks down to another government shutdown. we have team fox coverage for you with kevin corke live at the white house. but