jillian: bizarre story of the day. thanks for watching, "fox & friends first." todd: tomorrow is going to be a pep rally for the philadelphia eagles with this one. i may do some news. "fox & friends" starts right now. have a great one, everybody. >> investigators on the scene of a deadly train derailment carrying republican lawmakers when it slammed into a garbage truck. >> train accident was a tough one. tremendous jolt. we'll have a full report as to what it looks like the driver of the truck was killed. >> we have massive developments regarding the release of the four page memo moment. >> john kelly implied its release was potentially imnegligent. >> did you see it. >> i did. >> what do you think? >> it will be released here pretty quick i think and the whole world will see it. >> the fbi is fighting back against the release claiming omissions attack the memo's accuracy. >> one speech cannot and does not make donald trump

presidential. he is a dangerous, unprincipled, divisive, and shameful racist. >> been talking about reaping the rewards of the big tax cut bill because february 1st was going to be the big date when you are also going to have more money in your paycheck. ♪ ♪ who says you can't go home ♪ there's only one place ♪ to call it one of their own. steve: look, we're home after a couple days on the roof at 101 constitution where it was really cold. welcome to us back home. we are chapsd. chapped. brian: think about our workers who work outdoors every day. i sat with too many thermals on that squeezed me too

much. i instead of going thermal i went insular which is beyond armor it squeezes you tight. ainsley: you wore a onesie. steve: you wore a girdle. brian: wearing the tight version of underarmor almost the first version from 1982. together i think i actually got warm ban hour ago. ainsley: some people call them spanx. brian: i do the no wear spanx. steve: i took two pairs of shoes yesterday. every 20 minutes i could put the shoes next to the big furnace we had up in the tent. here is the problem 7:45 yesterday i picked up the shoes. they had melted. whatever keeps the sole to the shoe melted. brian: that's why we should have a shoe maker on staff or a black smith. ainsley: grateful to our staff. we sat there for three hours. they had to be there for hours before to set all of

that up and hours after. brian: unlike our staff, we had to be sober. [laughter] steve: will we see that fisa memo later today? there is a possibility there is a reuters story out. apparently they talked to somebody at the white house. the memo released regarding fisa abuses at the department of justice and the fbi could be released today. although it sounds like the white house chief council and the national security also are reviewing -- i bet we don't see it until monday. ainsley: the house voted on monday night. and then the president has five days. so that means saturday night or is it five working days, which would be monday. i would think -- i was thinking with this last night he might not release it until monday so the sunday shows can focus on his speech. brian: still focus on the memo though that would be great. the speech was already off almost off the headline us the fbi's push back on devin nunes' memo.

devin nunes chairman of oversight. he sees this material he thinks should go public. he can't believe it next thing you know he is under a ethics investigation. the oversight intelligence committee asked the fbi can you give me some of this information in the fbi ignores, ignores, ignores. took a subpoena to get this information to come forward in front of the intelligence committee which, to me, is inexcusable. when it does come forward devin nunes says you know what? i'm going to write up a summary. i'm going to give it to the president to let the people know what went into the investigation of the trump organization leading up to the election and afterwards. at which time the memo arrives at the white house. where the fbi director on sunday takes a look at it on monday, we didn't think he had a problem with it. yesterday, five fbi agents show up. they look at it and they shed hey, chief kelly, we have got a problem with this. he goes what's your problem he? makes some changes. they make some grammatical changes defensive nunes. makes some changes.

thinks it's for the better. the fbi still not happy. guess who else isn't happy. adam schiff. he said you changed the memo that i okayed. steve: right. is he suggesting, look, he has done all he can adam schiff, to keep it from coming out. nonetheless, the fbi and the department of justice are hitting the panic button because they don't want it out. here is what the department of justice released. they said with regard to the house intelligence committee's memorandum, the fbi was provided a limited opportunity to review this memo the day before the committee voted to release it was that on sunday. that's when chris wray went over to the capitol. as expressed during our initial review we gave grave concerns about material omissions of fact that fundamentally impact the accuracy. five guys went over. they looked at it next thing you know they have got some suggestions. they made it and adam schiff is saying oh, they changed everything. they actually made some changes the democrats asked for. ainsley: nunes is saying the fbi doesn't want this

released because it shows the abuse of power in this agency. he also said. this having stonewalled congress' demands for information for nearly a year it's no surprise to see the fbi and doj issue spurious objections abuses at these eggs. not surprised stonewalled everything for a year. brian: is the fbi concerned about the relationship of intelligence as it relates to the intelligence committee and methods and practices or are they worried it's going to make them look terrible and individuals in particular look awful. and is that what they are here to stop? when devin nunes says yeah, i think it's the latter why else would they be stopping us as the intelligence committee for getting this information for months. why did i have to go through the courts to get this information to begin with. steve: they did make some changes. there are some on the left that said okay, we didn't vote for that version. of course they all voted against it anyway. you are going to have to a revote. if they do have a revote,

50/50 chance right now on what would be released to the public, the earliest they could have it is on monday. remember, half of congress is out in west virginia. ainsley: that's right. brian: democrats continue to have a melt down about the president's first state of the union address. you saw their faces. you saw the grim looks. you saw they didn't stand up when the parents of a family who lost their child to ms-13 was given recognition for the courage to come forward and the need to push back on this international gang operation. but, again, it's a little confusing. we thought joe kennedy gave their official response to the state of the union as tradition. but it turns out a lot of people gave a response to the state of the union. unlike tradition. ainsley: nancy pelosi said it was insulting to call it chain migration. she prefers family reunification. maxine waters is using the race card. she says the president is a racist. she is the one who kept calling for impeachment. listen to this. this is from last night. >> one speech cannot and does not make donald trump presidential. he's not presidential.

and he never will be presidential. he claims that he is bringing people together, but make no mistake, he is a dangerous, unprincipled, divisive and shameful racist. trump often works to convince diseaferred elements in our society that all of their problems are caused by people of color. steve: so there have you got maxine waters issuing her rebuttal on bet. regarding the actual state of the union i think 45 million watched it on all the television channels. i think barack obama's final one was seen by about 15 million less than that. but, keep in mind, the longer you are in office, the more the fewer people watch. the number one cable outfit was fox news channel. it was also the number one outfit that americans turned to. we had over 11 million. it is the highest rating in cable history when it comes to the state of the unions and we have to thank you for tuning us on.

brian: 21 million interactions across facebook, instagram and twitter. 41% occurred on facebook. 7% on instagram. 52% of the president's favorite vehicle and that is twitter. steve: it was the most tweeted state of the union ever. ainsley: the reason we tell you this is because it's obvious that many people arranged the country, millions of people around the country want to hear what this president has to say. many people are on board with him, despite what you might hear from maxine waters or from nancy pelosi. not everyone agrees with him but he does have a lot of support. they need to keep that in mind because they have big elections coming up in november. steve: the thing about the elections is keep in mind yesterday we had lee carter on. she tested some of the sound bites from the president. and the republicans gave him good grades. but the independents, the people who actually move elections and determine who our president would be, more closely aligned to the prick now than the democrats and that is not good for the democrats who are saying it's a slam dunk.

it's over. show's over. paul ryan, give us your hammer. ainsley: yesterday you had a biggest on radio. brian: and fox news.com. frank luntz apologized to the president. he was anti-trumper he listened to this speech and thought he hit it out of the park. this is the story our producer able to uncover. high school teacher talking to a bunch of 17-year-olds at one which time he noticed one of the students wearing a marine shirt. and he commented about the lack of intellect among those who serve in america's military. here is now suspended teacher with pay greg sal saisalcido. >> steve: big question what's going to happen to him out

in his school district. 150 people showed up demanding answers. the school board is in a pickle because currently they don't have an attorney. the main thing the school board did last night is okay, we need an attorney and we need one fast. ainsley: thethey put him on administrative leave until they can figure out what to do. brian: yesterday i played this for general kelly who had a chance to bring radio show to the white house. he heard it the first time. i read it to him because he couldn't make out some of the audio. this is the response that we can play on television. >> what is your reaction to that knowing that he is teaching a bunch of 17-year-olds? >> yeah. well i think the guy ought to go to hell. i just hope he enjoys the liberties and the lifestyle that we have fought for. brian: he got angrier and angrier. we had to dump some of his response. ainsley: he lost his own son fighting for our country. he said he has gone down to arlington and walked through

all the graves and said i, because of my decisions, a lot of these people are here. he takes this very seriously. as most of us do. and most of us -- all of us should. but, he is saying this guy has the freedom to teach in the classroom because of what these men and women have done. steve: the guy is a government and history teacher. what form of government and history is he teaching. ainsley: is he teaching 17-year-olds. steve: we have one of the kids from that class. victor cuevas who taped that teacher. he will be joining us 8:30 on "fox & friends." we will hear fro how he felt when the teacher went off. ainsley: that's exclusive. he hasn't talked to anyone yet. steve: 6:12 in new york city. president obama wanted shut gitmo down, president trump just made good on one of his promises is he going to keep it open. ainsley: you saw it during the state of the union. children who lost their

children to ms-13. msnbc doesn't think of that problem. >> speech tonight makes it sound like the biggest threat is ms-13. a gang nobody that doesn't watch fox news has ever heard of. ainsley: the mom of one of those murdered children is firing back. ♪ for the first time ♪ (whispering) with the capital one venture card, you'll earn unlimited double miles on every purchase, every day. not just airline purchases. think about all the double miles you could be earning. (yelling) holy moly, that's a lot of miles! shh-h-h-h! ( ♪ )

shh! what's in your wallet? man: shh-h-h! shh! advil liqui-gels minis. our first concentrated pill that rushes powerful relief. a small size... that's fast, 'cause it's liquid. you'll ask... "what pain?" advil liqui-gels minis. you or joints. something for your heart... 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. this is the story of green mountain coffee roasters dark magic told in the time it takes to brew your cup. first, we head to vermont. and go to our coffee shop. and meet dave. hey. why is dark magic so spell-bindingly good, he asks? let me show you. let's go. so we climb. hike. see a bear. woah. reach the top. dave says dark magic is a bold blend of coffee with rich flavors of uganda, sumatra, colombia and other parts of south america. like these mountains, each amazing on their own. but together?

magical. all, for a smoother tasting cup of coffee. green mountain coffee roasters packed with goodness.

brian: president trump announcing during his state of the union address to the surprise of many that he fulfilled another one of his campaign pledges. listen. >> so today i am keeping another promise, to re-examine our military detention policy and to keep open the detention facilities in guantanamo bay half the room applauded. why is keeping gitmo open keeping america safe? joining us now is dr. james mitchell who interrogated some of the worst terrorists in the world some still at gitmo. dr. mitchell, what was your reaction when you heard that?

>> i was pleased. i was afraid we would unlawful act of the war or civilian criminal enterprise. i don't think we should do that i think that would make us less safe. and there were two things that he said about that. keeping keeping get 340e open and treating these terror attacks outside our country unlawful acts of war. those are important policies. brian: you know the counter argument and why half the room sat because they say it's a symbol for terrorists to mobilize. have you gitmo. that's where they put us. now we have to really hate america. >> my reaction is, you know, i talked to a lot of terrorists. i doubt that anybody sitting in that room other than maybe some of the military and. so intelligence community actually has talked to a terrorist. i haven't talked to a single terrorist who told me that they were attacking us because of gitmo. they are attacking us because they find our way of life repulsive and they want to story it and their

religious ideology. in fact, khalid sheikh mohammed the mastermind of 9/11 says gitmo is just used as a recruiting tool. if it wasn't gitmo it would be something else. brian: wow, he told you that. >> right. brian: president bush 500 out. 58g 7 by president obama. five released by the previous administration. the question is when do we get them and how do we effectively interrogate them. is your way the right way we should be using now? >> i don't know. it's hard to say. here's my honest reaction to that i don't think enhanced interrogation is necessary for 9.5% of the people the terrorists we capture. one half of 1% that has information that could stop a catastrophic attack smiled of the united states that involves nuclear chemical or biological weapons? i think we ought to leave everything on the table.

and i don't think that we're doing that now. and my concern about the army field manual is that it's on the internet. it describes the techniques. it tells people how they are taught to work. it emphasizes the need to get voluntary admissions. voluntary information. and what i would ask people is, do you really want to wager the safety of your family on the bit that a terrorist whose god sent him there to kill is you willing to provide voluntarily information to stop those attacks? i don't think we should. brian: nope. thanks so much, dr. mitchell. very important things to bring up. also when we talk about immigration and the visa lottery system. a couple of those guys came to the visa lottery system. straight ahead. republican lawmakers bring into action after train slams into garbage truck. all were stunned by. this senator bill cassidy a doctor helping out.

he ran to help. what he did and more in a moment. is up to four times greater. but there are steps you can take to lower your cardiovascular risk. talk to your health care provider today about diabetic heart disease. and find out more at heartoftype2.com. your heart and type 2 diabetes. make the connection. ( ♪ ) with 33 individual vertebrae and 640 muscles in the human body, no two of us are alike. life made more effortless through adaptability. the perfect position seat in the lincoln continental. ( ♪ )

in the lincoln continental. if yor crohn's symptoms are holding you back, and your current treatment hasn't worked well enough, it may be time for a change. ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works at the site of inflammation in the gi tract and is clinically proven to help many patients achieve both symptom relief and remission. infusion and serious allergic reactions can happen during or after treatment. entyvio may increase risk of infection, which can be serious. pml, a rare, serious, potentially fatal brain infection caused by a virus may be possible. this condition has not been reported with entyvio. tell your doctor if you have an infection, experience frequent infections or have flu-like symptoms or sores. liver problems can occur with entyvio. if your uc or crohn's treatment isn't working for you, ask your gastroenterologist about entyvio. entyvio. relief and remission within reach.

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. steve: 6:24 in new york city and in west virginia. a fox news alert. we now know the identity of that person killed with the traidump truck slammed into amtrak train. ainsley: ntsb is taking over that investigation trying to figure out what went wrong. brian: griff jenkins is at the scene. behind shut wreckage. >> that's right. the identity of that fatality christopher folly. 28 years old. look at this debris field behind me. you see the trash truck, the trash strewn all along the embankment as you work your

way up to that rail crossing. the cab of that truck smashed with mr. folly along with two others were in there. one critically injured. one with minor injuries. and the ntsb working hard on this seen as they have all night. we went to the press conference last night and spoke with the spokesman earl wanier. here is what he had to say about the investigation. >> we expect which to take several days of unseen work followed by months back at headquarters. if we find anything that indicates that this was intentional, we will turn that over to the fbi. >> amtrak says, guys, far too common wrecks and crashes and railways just like this. the real remarkable story those g.o.p. congressman turned first responders when the impact happened. guys? steve: exactly right. all right. griff, thank you. ainsley: lots of good samaritans. griff, thank you. next guest among a handful of physicians on the train who rushed to the victims to

rescue the victim inside the truck pulling the injured to safety. brian: senator bill cassidy joins us now, dr. bill cassidy. i know it's still fresh, but for our viewers can you still go through what goes through your mind as duke tore when you feel the contact of your train slamming into something? >> you're not sure what's happened. you first look to see that those people who are stand hog fell are okay. you hear we hit a truck. i'm thinking to myself we have doctors on board but there is no doctor in that truck. that truck got slammed harder than we. so i start to work to the back of the train, looking for an open door. did you go out and see two people on the ground. and you start to work. steve: absolutely. ainsley: dr. cassidy, senator cassidy your wife was a retired trauma surgeon. both of you jumped off the train and went to help. what did you see when you got to the truck. we are understanding that one of the passengers was killed.

>> yes. i went down and i saw mike burgess and brad wenstrup trying to maintain an airway. he had facial trauma trying to keep his tongue out and again maintain airway. and i picked up his feet to try to get his blood going his feet to his heart and brain. i looked to the right and there is a body there that looked like he was dead. my wife approached and others there san attempt to revive but he was dead. i mean, that was pretty clear. then we turned our attention back to -- i never left my attention, but you kind of say he is dead, focus here. steve: congressman wenstrup is one of the guys who attended to steve scalise at that baseball practice not so many months ago. between that and this, how do you feel? this has been a heck of a year for you, republicans in congress. >> it has been. i hate to say this but all of us live as if our lives are going to be within two standard deviations of what

it is normally. most times it's that way out in the distance that happens to us. and i have been a doctor long enough that it's not a surprise. it's not what you expect. but all of us can point to wow, who would have thought that, but it changed a life or lost a life. that was one of these instances. brian: senator, there is a reporter on cnn, a political commentator that tweeted this out. a train carrying republican members of congress hits a truck near charlottesville or is this a met for for american politics today? what's your reaction to that? >> it is we have gotten to the point in our society where you can't even be civil and understand there is a tragedy and a potentially worse tragedy and feel for that as part of the human condition, something has died. and hopefully can be reawakened. but whoever tim kaine sent out something very nice. democratic senator sent a very nice tweet. that's good, if somebody is

sending something like that they have to rerevaluate their spiritual state. something is wrong. ainsley: parents are grieving. guy driving the truck is upset this morning. quickly, what happened in the situation? do we know? was the guy trying to beat the train? >> i'm told, yes. i'm told that most commonly there's long coal trains and folks get kind of impatient so they are slow so they try to get in front of them and here comes an amtrak which is going faster. not too fast but faster. that's what i'm telling you about not what i directly observed. steve: senator, before you go, you were headed to and now you are at this republican retreat in west virginia. are the activities that were scheduled yesterday still on tap? is the vice president, the president still scheduled to speak to you later? >> yes. vice president spoke yesterday. the president will speak today. i'm told secretaries mattis and tillerson will speak. and so it's an important

conference. we will speak of infrastructure packages. so, we don't want to be diverted from that i think it's important to what we do in the senate and the house. but we have a constant remembrance of what happened yesterday. brian: you are going to a legislative clip on february 6th and something to do by march 5th. there is no time even to look back have you got so much on your plate. dr. cassidy, always great talking to you. >> thank you, all. steve: 6:30 in new york city. people left dangling upside down on a roller coaster 70 feet in the air. how did that happen and how did they get them off coming up? brian: plus, today is the day you will start to see more money in your paycheck. thanks to president trump's tax cuts. maxine waters wants to give president obama a lot of the credit. >> he attempts to take credit for economic growth. but refuses to acknowledge that he inherited our nation's thriving economy from our nation's first black president.

brian: president obama's tax cut. where was i? was i off that day? ♪ we danced all night ♪ to the best song ever ♪ and we danced all night all night ♪ to the best song ever ♪ we know every line ♪ now i can't remember ♪ how about a discount for long lists? gold. mara, you save our customers hundreds for switching almost effortlessly. it's a gift. and jamie. -present. -together we are unstoppable. so, what are we gonna do? ♪ insurance. that's kind of what we do here. ♪ bp is taking safety glasses to a whole new level. using augmented reality so engineers in the field can share data and get expert backup in the blink of an eye. because safety is never being satisfied

and always working to be better. on the only bed that adjusts on both sides to your ideal comfort, your sleep number setting. does your bed do that? right now, save 50% on the ultimate limited edition bed. ends soon. visit sleepnumber.com fora store near you.

♪ nothing but a good time ♪ how can i resist. ainsley: this is your shot of the morning behind the scenes moment from two days of covering the state of the union live from d.c. check out the all star selfie. david bossie posing with corey lewandowski, sarah huckabee sanders and dan bongino as well as tucker carlson. steve: smile. here i am behind the set getting ready. here we go. getting ready with jason chaffetz. he joined us both days as well. great guests. brian: this was our set this

ways reading scripts cold. we keep photographers way back. ainsley: speaking of cold. here we are wrapping up two jampacked days with a fantastic group of great guests. steve: there we are as well at the conclusion of the first day. brian: see trey gowdy pushing back there? is he signaling to us is he leaving the congress. i didn't realize that. steve: stepping away. brian: like a krueger film. steve: not exactly. with us is stuart varny. >> i was not with you in washington, d.c. i don't travel well. i'm on wall street. i handle money. brian: it was all about money on capitol hill. it was talking about the economy. because you are in a business wins and losses, ups and downs. we have numbers. why is it that some democrats are having trouble realizing that the economy is going up, g.d.p. is going up. and paychecks may be going up? >> paychecks are going up as

of this month. as of today. because tax rates have come down. paychecks will go up. so the federal government is going to be taking out less money? >> yes. taking out less money. let's be very clear about this. paychecks are going um because tax rates are going down. that's shall i repeat it? no. let me repeat what nancy pelosi has said three times. brian: do you know what we did? we recorded it on our vcr. >> what's that mean you are going to run a sound bite. brian: push the play button. ainsley: this is the reaction from the vice president because nancy pelosi called it crumbs and our president said these aren't crumbs. people have paying for their weddings. they are paying for their retirements. this is what the vice president had to say yesterday. >> just amazing to me that after this tax cut passes 3 million americans get another $1,000 in their pockets in many cases she actually described that as crumbs. well, let me just remind you

all, i come from the joseph a. bank wing of the west wing. [laughter] seriously, people stop me and say is that a new suit? i say two for one. [laughter] back when our kids were little, another thousand pockets at the end of my year i would have term for that, christmas. or maybe a new refrigerator. a down payment on a car. any leader in america that would say a thousand dollars in the pockets of working families is crumbs is out of touch with the american people. [applause] >> that will be true. that will be very true. ainsley: it is true. >> bonuses to 3 million americans already paid largely, that is not crumbs. a thousand dollars or 500 bucks to an ordinary every day american is not a crumb. and nancy pelosi is dead wrong when she says that 86 million middle class american families will see a pay -- will see a tax increase because of this tax bill. dead wrong.

deliberately misleading the american people. ainsley: the only thing i don't agree with him on i think joseph a. banks is buy one get three free. >> it's a good line. ainsley: it's a great line. steve: the crumbs don't even take into consideration with the tax cuts a lot of corporations have more money in their pockets and so what they are doing is they are buying new equipment. they are expanding. they are hiring more people. but there are a number of democrats though who and brian kind of touched on this a moment ago who are crediting president obama for the roaring economy. >> wait a second. let's look at the record for 2017. it was the best year for pay gains since 2008. best year for pay gains in 10 years. and look at the job situation. 2017, compared to the last year of president obama. there were 2.2 million more full-time jobs in 2017. under president trump. and 300,000 fewer part-time

jobs. steve: how do you explain that? >> what does that tell you about the quality of job creation in america? 2017 trump vs. 2016 mr. obama. it tells you that the quality of job creation has improved enormously and pay is going up. that is president trump. and it's president trump because he reversed the policies of president obama. it's a direct reversal. steve: right. >> this is the trump economy. not the obama economy. case closed. brian: and president obama could have had that corporate tax cut. he knew it would fuel the economy. he also wanted to rise the you were bracket and that's where the republican congress stood tall. >> his entire approach to economy was radically different than president trump. president obama wanted to reign it in, tax it, plan it, organize it, top down. didn't work slow growth. entrepreneurship tarik the regulations away, lower

taxes. unleash the animal spirits of capitalism. brian: i never heard that term animal spirits spirits i like it. stuart, we are going to watch 9 to noon on. if bn. >> promise. steve: while we were on down in washington, d.c. jillian was keeping the lights on for us. jillian: i'm very happy to have you back. welcome home. an msnbc host slamming president trump for highlighting the dangerous ms-13 gang at the state of the union. >> he makes it sound like the biggest issue in the united states, the biggest threat is ms-13, a gang nobody that doesn't watch fox news has ever heard of. so they sound like they're the biggest threat. ainsley: parents of two teens killed by the gang invited to the address one of them now firing back at that host. >> i have no words. these are gang members that just decided to be a judge and a jury to take my

daughter out like that it's unacceptable. jillian: many ms-13 members are also illegal immigrants. three and a half minutes of complete panic insane video showing terrified passengers dangling upside down nearly 70 feet in the air crying and screaming for help after a ride suddenly stops working. officials at australian theme park say the safety operating system automatically engaged on the doomsday destroyer it was back up and running within minutes and no one was hurt. a hero's homecoming coming as a complete shock to his family army specialist tyler surprising mom and two brothers at school in missouri and never saw this one coming. >> oh. >> oh my god. oh my god. >> what the -- >> tyler! [applause]

jillian: that's adorable. he spent the last year stationed in south korea. a look at your headlines, guys. back to you. steve: there is no place like home. ainsley: is there a reality show about that? making a show where it continuously does these home combings. steve: we do a little episode every day. ainsley: true. we thank them for their service. thanks, jillian. the phish doesn't want that fisa memo released obviously. but president trump says it's going to be. >> release the memo? >> oh, yeah. don't worry. i will release it. brian: judge andrew napolitano is on the deck. we made him go on the stairs. he said he got a right to see it. steve: all rise ♪ i want it all ♪ i want it all ♪ i want it all ♪ and i want it now [ keyboard clacking ]

[ click, keyboard clacking ] ♪ good questions lead to good answers. our advisors can help you find both. talk to one today and see why we're bullish on the future. yours.

talk to one today and see why we're bullish on the future. if you spit blood you may have gum problems,s and could be on the journey to much worse. try parodontax toothpaste. it's clinically proven to remove plaque, the main cause of bleeding gums. for healthy gums and strong teeth. leave bleeding gums behind with parodontax toothpaste. from the world's number one conditioner brand... new pantene light-as-air foam conditioner, full of rich pro-v nutrients... ...and infused with air. for 100% conditioning, with 0% weight. strong is beautiful. new pantene. foam conditioner. i cannot imagine managing my diabetes without my dexcom. this is the dexcom g5 mobile continuous glucose monitoring system. a small, wearable sensor measures your glucose every 5 minutes and sends the data to a dexcom receiver.

i feel like, oh my gosh, i'm in control now. with the dexcom g5 mobile, you always know the direction and speed your glucose is heading. something a fingerstick can't tell you. and it's easy to see your trend line. with dexcom, i know where i'm heading and i can take action without pricking my finger. dexcom, it's just really easy to use, and i have the confidence that i have all kinds of customer support. dexcom helps lower a1c and improves quality of life. if you're over 65 and you have diabetes, you should have a dexcom. the dexcom g5 mobile is the only cgm covered by medicare. if you get a dexcom, you're going to be very glad that you did. visit dexcomnow.com to learn more and ask your doctor for a prescription for a dexcom g5 mobile. steve: that classified fisa memo could be made public as early as 10:00 this morning.

we heard tuesday night how the president felt about that as he left the podium. >> release the memo? >> oh, yeah. don't worry. 100 percent. ains 80's the fbi has quote grave concerns about the nunes memo. brian: this is getting intriguing. judge andrew napolitano all over this here to react. judge, this has twist, turns, twist and turns. >> when we went to bed last night there was one memo. and the white house national security team headed by general mcmaster was reviewing it the fbi was over there saying here is why it shouldn't come out. here is what is bad. here is what is misleading. >> we wake up this morning and find out there is three memos. there is one congressman nunes wrote and congressman schiff wrote and there is a white house version which apparently has language tweaked in there to accommodate the fbi and political concerns. steve: is that what adam schiff is talking about nunes changed the memo. >> yes. now, congressman nunes says i improved the grammar. i didn't change anything

substantively, the fbi and the people in the white house are not telling us what they changed. but i have to say this. this is about very serious material. this is about raw intelligence data and interpreting it. if you are going to shade the interpretation of raw intelligence data to please political needs that is very wrong and highly misleading and innocent people will suffer because of that. ainsley: judge, the house intel committee voted on monday night to release a certain memo. isn't that the memo that has to be released and they are not allowed to make changes? >> theoretically yes but the chair has decided to change it and now apparently, we don't know yet, apparently our people are reporting this, john roberts and his team at the white house. the white house after dealing with the fbi is tweaking it so the fbi team goes back to the fbi building and the white house thinks it's an agreement and the fbi releases a statement to the press saying you can't release this. it's too many national security secrets in it. everybody is scratching their heads.

brian: judge, you said if they shade it, if devin nunes is shading it. what makes you think he is or do you think is he shading raw intelligence. >> i do not know that criticism of congressman nunes is they have known this for a year. and they sat on this while the congress voted to expand fisa. the rest of the congress should have been informed of this before they voted yes or no on expanding fisa. when did this come out? the day. brian: this is a separate issue. >> the day after president trump signed it we have heard two versions. when we went to bed last night 6:00 tomorrow. i got up this morning. the stuff i'm reading is saying 10:00 this morning. so we don't know. we are sitting on pins and needles. this better be as advertised. if this is being advertised as more than it, is, we are wasting our time. steve: have to vote on it if they change the language. >> that's a good question. democrats on the committee are saying because the republican also have voted on something that's different than would have came out. brian: judge, the whole question is did the fbi not

want it out because it makes them look bad or are they really worried about it misleading? >> brian, that's the $64,000 question and we don't know. my argument is when you have raw data. raw intelligence data and there are several different interpretations. we are adults. release the data. let us decide who abused spying authority? who knew about it? who looked the other way? who is not doing what they are paid to do? we have a right to know that in a democracy. ainsley: all the national intelligence stuff we are not allowed to see all the secrets. take that out if it's going to compromise someone judge judge this is filled with secrets. you might want to take names out because you don't want to harm sources. why are you smirking kilmeade? brian: so much. judge: i know you would another segment to do. but we could do this until 9:00 this morning when it comes out. ainsley: security tighter than ever for sunday's super bowl. gosh, that's a few days away. next step being taken to watch fan's every move. steve: democrats want to call it crumbs.

next guest has more money in her pocket thanks to the president's tax cut. she just met with him. what was it like inside the oval office? she is coming up next. ♪ i do it for the money ♪

ainsley: president trump taking a post victory state of the union lap workers benefiting from his tax reform. >> these are people who have the -- they have worked hard. they have businesses. some cases they're making tremendous percentage amounts more than they were going to before, before the plan. steve: one of those workers in the oval office was

jessica tha malindez who works for jerr jergens. >> good morning. steve: how is your company being impacted by the president's tax cuts. >> well, effective april 1st, our raises are going to increase 2% and then they're going increase additional 2% due to the tax reform. ainsley: has to be great news for you and your family. law planning for your family. >> we are taking a vacation this summer and saving for the children's college fund. steve: so, initially, you didn't realize you were going to wind up in this oval office meeting with the president of the united states when you realized hey, wait a minute, he wants to hear these stories of me and everybody else. what went through your mind? >> oh, i was ecstatic. it was an amazing

opportunity and experience i'll never forget it. steve: did you vote for donald trump for president? >> i did not vote unfortunately. ainsley: you didn't vote. steve: you didn't vote for him. ainsley: you are in the oval office with him. if he runs again, are you going to vote for him? >> i don't really want to discuss that. ainsley: what was it like to be in there with him? >> it was amazing. he is a very nice guy. i was intimidated at first but he was inviting and i was comfortable and he helped the situation. steve: jessica, you know there are certain politicians who have referred to 2% plus 2% that you are going to shortly be getting and the bonuses 3 million americans are getting as well as crumbs. are they crumbs or is that substantial really money adding up. >> i don't really feel like any dollar is a crumb.

ainsley: yeah. ainsley: how many kids do you have. >> i don't want dollars and crumbs in the same category. ainsley: how many children do you have? >> i have two. > ainsley: this isn't the hand lotion jergens is it? >> manufacturing company. me personally i work for asg which is a division of jergens and we build a controlled precision fastening system called the x pack. steve: that's cool. >> we build and repair that system in-house. ainsley: that's awesome. good for you. steve: jessica melendez from jergens inc. ainsley: have a fantastic time on your vacation this summer. >> thank you so much. ainsley: coming up dana loesch, ben shapiro and rand paul coming up on the show. steve: busy, busy. ♪

running a business is not for the faint of heart. luckily, office depot® officemax® is here to take care of you. ♪ taking care of business with print services done right. on time. guaranteed! expert tech support. and this week all dell pcs are up to twenty five percent off! save even more when you purchase a dell monitor. and make sure you protect your investment. office depot® officemax. officedepot.com ♪ taking care of business

a trip back to the dthe doctor's office, mean just for a shot. but why go back there, when you can stay home with neulasta onpro? strong chemo can put you at risk of serious infection. neulasta helps reduce infection risk by boosting your white blood cell count, which strengthens your immune system. in a key study, neulasta reduced the risk of infection from 17% to 1%, a 94% decrease. applied the day of chemo, neulasta onpro is designed to deliver neulasta the next day. neulasta is for certain cancer patients receiving strong chemotherapy. do not take neulasta if you're allergic to neulasta or neupogen (filgrastim). ruptured spleen,

sometimes fatal as well as serious lung problems, allergic reactions, kidney injuries, and capillary leak syndrome have occurred. report abdominal or shoulder tip pain, trouble breathing or allergic reactions to your doctor right away. in patients with sickle cell disorders, serious, sometimes fatal crises can occur. the most common side effect is bone and muscle ache. so why go back there? if you'd rather be home, ask your doctor about neulasta onpro.

jillian: the feds descending on a deadly train crash. collided with a truck. >> jarring sound and feeling, almost like an explosion but then the train kept going normally. >> train accident was a tough one, a tremendous jolt. we'll have a full report as to what it looks like the driver of the truck was killed. steve: will we see that fisa memo later today? nonetheless the fbi and the department of justice are hitting the panic button because they don't want it out. >> did you see it. >> did i. brian: what do you think? >> it will be released here pretty quick, i think and the whole world can see it. brian: democrats continue to have a meltdown about the president's first state of the union address. >> one speech cannot and does not make donald trump presidential. is he a dangerous, unprincipled, divisive, and shameful racist. >> talking about reaping the rewards of the big tax cut bill. thought february 1st was going to be the big date

when you are going to have more money in your paycheck. ♪ >> let's get it started. let's get it started in here ♪ let's get it started ♪ let's get it started in here. ainsley: let's get it started. lindsey best childhood friend. happy birthday. more money in your paycheck. tomorrow the groundhog may or may not see his shadow. steve: saved a $5 hallmark card by giving a shoutout on tv. ainsley: did i send her a card and gift certificate. brian: we learn a lot about lindsey. ainsley: she has been on the set a lot. she comes to watch the show and comes to stay with me in new york. steve: she is in the chicken salad business. ainsley: chicken salad chicks. steve: is today the day be able to see super secret fight a is a memo according

to republicans makes the fbi and the department of justice look bad. the department of justice and fbi have made 11th hour plays to the white house and to republicans don't let it out there. is a lot of secret stuff in there people can't handle it is essentially what they are saying. >> the democrats wanted to get their memo out. i imagine eventually it will be. i think it's probably as speaker ryan said we will put it out in the process. steve: to a rebuttal. you wonder what that's about. we don't know what the original memo says only rumors from people who shouldn't be talking about a memo. the memo goes up to the fbi. the fbi director sees it sunday. five more agents see it yesterday. they decide we would rather you not release this memo. then adam schiff, committee, devin nunes makes some changes and adam schiff is prompted to rebut by saying this discovered late tonight that chairman nunes made material changes to the memo he sent to the white house. changes not approved by the committee. white house therefore reviewing a document the committee has not approved

for release. steve: okay, so that sets this up. if and devin nunes apparently had said that he did make some little tweaks. some were grammar. some were clarifying statements. nonetheless, keep in mind. fbi, christopher wray said could you change this mr. nunes? and then you got the five agents. can you change this? it has since gone to the white house. the white house chief of staff, chief counsel rather is reviewing it and apparently so is the nsa. big question is if there are changes, will they have to vote on it again? can't vote on it today or tomorrow because half of congress, all the republicans are out in west virginia. ainsley: do deserve to know. in order to clean up agencies we need to know how to fix them. what the problems are americans want to see this. most americans do. judge napolitano was on with us earlier. he said you as the taxpayer. you have the right to know. listen. >> my argument is when you have raw data, raw intelligence data and there are several different interpretations we are adults. release the data. let us decide.

who abused spying authority? who knew about it? who looked the other way? who is not doing what they're paid to do? we have a right to know that in a democracy. brian: the whole statement with adam schiff coming out saying what he said, says the white house is left -- the white house officials, they are scratching their heads as to what the fbi and doj are up to. and john roberts does say the memo could be released as early as today. this morning. during our show. ainsley: five days which would be technically if you count work days he would have to make up his mind by monday. steve: sure. look. if there were bad actors at the department of justice or at the fbi, we ought to know. you know, there are so many democrats in congress who are talking we got to get to the bottom of the russia collusion. did russia help donald trump get elected president? the big question is, did the fbi -- was somebody at the fbi or the department of justice trying to put their thumb on the scale to get hillary clinton elected? or at least to make donald trump look bad?

perhaps we will see the document and then we will be able to draw our own conclusions later today. ainsley: sources in the fbi have said there are a few bad apples. if there are, we want to know. steve: yeah. ainsley: even people within the own agency say if this is happening we deserve the right to know so our agency can clean itself up and get back to having a good reputation. brian: "the washington post" of all places yesterday said oh, yeah, andy mccabe, the guy that just left, he had all of anthony weiner's laptop emails with hillary clinton's name on them from huma abedin. oh, weeks before we actually saw them. really? and guess who voted to put them forward? peter strzok three weeks later. they could have been out as early as maybe if the new york field office had their way. andy mccabe sat on it for a while before telling james comey who made the october announcement that hillary clinton still despises. ainsley: we just got back from washington because the president was there with his first state of the union address. you saw it. 11 million people watch fox news channel. thank you so much. those were really high

ratings. highest rated cable channel. shows you people in america wanted to hear this. the president is in touch with what the american people care about. and that is putting food on their table, making sure the borders are safe. nancy pelosi disagreed with a lot of what the president said and here she is. listen to this. >> people in congress want to know some of them, what will the president sign? without any basis on evidence data and the rest to make statements about newcomers to our country and equating it in a criminal way? what was that about? what was that about last night? so it was -- i wouldn't say confusing. it was worse than that it was dangerous what he said last night. and it has instilled fear as i say over and over. what he is doing brings tears to the eyes of the statue of liberty and instills fear in the hearts of people who are concerned. steve: i'm a little confused because the statue of liberty sits not too far

from ellis island. so many of our forefathers came through ellis island to immigrate to the united states legally. so why is lady liberty crying over that? brian: doing it the right way who could barely afford to get over here. steve: they came in and signed the guest book just as the rules are. brian: here is the thing. listen, it was an hour and 15 minutes. in the speech was the worry about bad people and drugs coming across the border. in the speech was a pathway to citizenship for daca. they were separate sentences and separate thoughts. and that's why there were illustrations of people actually suffered because of fentanyl abuse, obviously, and as well as what was happening with ms-13. those were illustrations. she likes to speak like we are all reading a children's book, no offense, ainsley. let's help her. it was a period, change of thought. ainsley: wolf tweeted he said i agree the statue of liberty hasn't heard such patriotic truths in a long time. she shed tears of joy.

steve: christensen emailed us the dems are carrying this complete hatred way too far. brian: i think it's separate when you see the polls show that most people like the speech. janet says never in all my years i have heard such hate come from the opposition party except for a few like joe manchin who we interviewed yesterday. stoop to new lows every day with the trash talk against our great country. i'm the one with tears in my eyes. at love people throw up their hands and say i'm not watching this anymore. i'm not watching the anger because it is starting to get to them. steve: meanwhile, you know what's starlighting to get to you if yoget -- starting to o you if you have a paycheck. starting today the withholding tables are changing which means less money will be taken out of your paycheck going to washington, d.c., which means more money is going to be kept in your pocket. stuart varney is a happy man today, obviously. and he says while the democrats are talking about crumbs and it's not really helping you, he says that

party is actually misleading as many americans as they can. >> paychecks are going up because tax rates are going down. nancy pelosi is dead wrong when she says that 86 million middle class american families will see a pay -- will see a tax increase because of this tax bill. dead wrong. deliberately misleading the american people. brian: wages are up fastest pace since 2008. stock market market went up fastest winning streak since 1959. we know that the average wages are increasing. the democrats have to decide. are they going to continue to deny the impact of the tax reform or are they going to just take credit for it? it seems they are going for the latter. they are taking credit for it. steve: that's all they have got. that's their only play. so many pundits said look, the republicans are going to lose the house and now they are looking at had no idea this thing was actually going to work. ainsley: the best president had the best lines when it

came to this because he didn't grow up a wealthy man. and he said what do we call $1,000 as a bonus? we call that christmas. i go to joseph a. banks can i buy one, get one free suits. that's where my dad and my brother shopped. that's how we all grew up. you have to turn the lights off when you leave the room to save a few extra bucks. that's how most people live. have you nancy pelosi worth $40 million one of our guests said and she is calling it crumbs. it's insulting. they are out of touch with the american people. steve: email us to what you will do with the money you will be able to keep in your pocket. friends@foxnews.com. tweet us or on facebook 24/7. brian: what's jillian going to do with all other extra money. jillian: some options, guys. ainsley: vacation. jillian: i need one of those. get you caught up on headlines. virginia tech student under arrest for having illegal assault rifle and trying to buy 5,000 rounds of ammo. he also went to target practice, researched bullet

proof vests and bought an old cop car. is he from china and not allowed to possess firearms under his student visa. the arrest comes more than a decade after a gunman killed 32 people at virginia tech. it walls the deadliest school shooting in u.s. history. after five years the justice department officially closingth case against senator bob mends. mendez. he is accused of abusing power. lavish hotel suites and free rides on private jets. minneapolis tightening security ahead of super bowl sound sunday. not only thousands of, thousands of cameras and drones watching every move. the head of homeland security reassuring fans about their safety. >> obviously due to its size, its scope, it is and can be an are a attractive target. we don't have any credible or specific threat intel but we will continue to actively monitor channels with our international partners.

jillian: law enforcement has been preparing for two years. that's a look at your headlines. steve: have you been preparing for this super bowl your whole life. jillian: my whole life. the eagles don't have a super bowl title. ainsley: i was watching one of the titles his name fletcher. wearing a wrestling mask. jillian: is he amazing. arguably the best defensive player in the league. ainsley: he did the whole press conference wearing the mask. deadly train crash involving republican lawmakers, obviously that is a tragedy, right? not for some liberal authors. one calling it god working hard. dana loesch is going to react to that live. brian: plus, dot, dot, dot, that controversial fisa memo could be released today but should it be? senator rand paul in studio has a warning about government surveillance. he has a lot to say about it that he didn't sty stephen colbert last night. steve: good morning. ainsley: good morning, senator. ♪ work it out ♪ life is very short

♪ ♪ upbeat music you wouldn't feel good not knowing the price here. don't let it happen when you buy your diabetes test strips. with the accu-chek guide simplepay program, you pay the same low price. all without having to go through insurance. plus, they come in a spill-resistant vial along with a free meter.

skip the guessing game and focus on your health. not the cost. make saving simple today at simplepaysaves.com. patients they ask me all of the time. i tell them the thickness of your enamel determines essentially how white your teeth are going to be. the strength of your teeth needs to be there in order for that whiteness to last. i would definitely recommend pronamel strong and bright to my patients to keep their enamel strong, help to keep stains away, and polish their enamel. they're going to get whiter, brighter teeth.

this is a really great product for my patients. ♪

♪ ainsley: that bombshell fisa

abuse memo could be made public as soon as today much to the outrage of the democrats and the fbi. steve: republican senator rand paul has been warning about the dangers of government surveillance. he joins us live right now. you actually wrote a letter to the director of the fbi, christopher wray saying what? >> well, you know, peter strzok and his miss trets truss lisa page have shown they were very biased against president trump. at work they were talking about an insurance policy if he was elected. some way to obstruct or destroy his presidency. one, you shouldn't be talking about that at work if you are supposed to be in law enforcement. but, two. my question is now to the fbi director do they have access to the databases. steve: love birds. >> databases journalists in there politicians, businessmen and women. and really maybe just somebody who has a relative in lebanon. you are in the database. americans, no one should be searching that, i don't think, without a judge's permission. but now we know that like what madison around with us

about. men are not angels, neither are women. the thing is people have the potential to be biased on either side. we know strzok and page had it in for president trump. they shouldn't be allowed to search any database that has americans information in it. ainsley: what's in that database, social security, text messages? steve: all your electronic history. >> potentially anything in discussion with foreigners. it was intended an the speaker was right when he said it's intended for foreigners in phone lands. i have no problem with that what happens is there is interaction. if you send something to a correspondent in fox in the middle east and you say we're doing a story on isis. well, isis is a term. so now you have been maybe collected because it's about information. so you didn't communicate with isis. but because you have communicated about a subject they are searching, i get scooped up. but they have the ability to scoop up everything. so, what i have told people like flynn's conversation we record flynn because we are spying on the rusts. use that information to see if he contradicts himself in an interview. think of your own personal

lives and think if i'm the government i come to you and i record a thousand of your private phone calls, then i bring new proximate result before the fbi what about that phone call you made two years ago and describe, you know, and if you don't describe it consistently, i'm going to put new jail. that would be a terrible world to live in. i think that's whether flynn was right or wrong. it's not the details. but we shouldn't do that in america where we record people's phone calls and then ask them about their details of their private phone calls. brian: i think a lot of it is if you have a master mind with hijackers in america and they are going back and forth with bin laden's plane to take down planes and kill 3,000 people. they will want to go find all the tentacles and rip all these people out like a plantar's wart. >> i'm fine with it but when american people get caught up in it. that information is supposed to be masked but shouldn't be used for domestic crime. let's say have you international businessman. go back 30 years of his conversations and find out he didn't cross his t's and

dot his i's that information was gathered on foreigners for terrorism and there is no constitutional protection for them overseas. but donald trump should get those protections or anybody else. brian: killer who has had contact overseas he becomes a killer in one day. we have him in prison. do you want to know who he talked to. >> yes. and i have no problem with that and everything i have ever proposed has an emergency exception in it that if you think something is ongoing or active. same way with warrants. if i come to your house, and the lights are off and it's quiet, i can't come in without a warrant. if there is screaming going on and someone is saying i'm going to kill you. i don't have to call a judge. guy in. there is always exigent circumstances that all of us agree to. brian: unless you record it all you will never be able to grab it. steve: unfortunately a lot of americans kept swept up in it and that's just wrong. senator, thank you very much. ainsley: thank you, senator. steve: remember when a disgraced teacher said this about the military?

steve: army general david perkins has a message for that teacher, you will hear it next. brian: he is in charge of recruiting. heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?

♪ brian: a story we first brought to you a week ago. california high school teacher now suspended going on antimilitary rant about the quality of education of those who served. even enraged white house chief of staff general john kelly yesterday. >> the lowest of the low. they are not talented people. what is your reaction to that, knowing that he is teaching a bunch of 17-year-olds? >> yeah. well, i think the guy ought to go to hell. i just hope he enjoys the liberties and the lifestyle

that we have fought for. brian: obviously we talked to him on radio yesterday. we had the facebook live up. he went on to say some exlettives we had to dump. is he really angry. here to weigh in u.s. army four star general david perkins. commanding general of the u.s. training indoctrine and oversaw transition portion forces in iraq. lieutenant colonel. i was lucky to be with you in before the invasion of iraq in kuwait. you contacted me because you said listen, i want to address this. this is your gig. you are in charge of telling those 17-year-olds the army and the military is an option. what's your reaction? >> let me just tell you president soldiers and recruits that come into the united states army. the commands that i have an honor to be part of, recruits to the united states army, last year we recruited about 135,000 total army soldiers across the board. 96% of high school graduates compared to 82% for our country. 14% high hire high school graduates. of those 10,000 are already college graduates. when they came in the army,

we spent over $160 million in tuition assistance and another 7,000 got a college education. they are extremely highly educated. rotc which produces the majority of our officer corps is the largest scholarship granting organization in the united states. last year $367 million to 15,000 rotc cadets coast to coast from harvard to berkeley. tufts to ohio state have become a part of that organization. brian: this ticked you off even though you have a different personality you simmer below. you keep your emotions maybe in check. joe montana like. but you still wanted this to -- this really got to you. let's listen to this teacher go after the quality of the people who serve. >> think about the people who you know over there. stupid uncle louie

brian: the data is in? >> that is just not an accurate description of the soldiers in the u.s. military and specifically in the u.s. army. the u.s. military for very good reason is the most highly respected institution in our nation because, not only the education level but of the character and commitment of those that serve. i have to tell you, and you have been around them, the passion that these people come in to the army with. and the skills they bring to the army. we have doctors, lawyers, combat infantry men. cyber specialists. 17 presidents are former soldiers. more than any educational, civic, or civilian institution have come out of the army. >> 450 olympic athletes over 100 gold, silver, bronze metals. in fact, next week we have nine soldiers in the winter olympic games. so next week we have soldiers korea bronze and

afghanistan earning bronze medals of honor. brian: you know the quality of people who serve. you have a bunch of teachers who feel like that and feel free enough to blast you the men and women who serve. that goes right against what you are trying to do and that's recruit the best and brightest for the best country on the planet. >> i will just echo general kelly's comment. the reason i and my family serve. both my family. general kelly's family has served is so that people have the right to express their feelings. and obviously he is taking full advantage of that liberty that we fight hard and afford him. i would offer to him as somebody who is also involved in training and education. i'm sure he standards the mark of an educated person as an open-minded person who wants to learn as much as he can. so i invite him personally to come to my headquarters. i will introduce him to our army, his army. i will let him see his soldiers. i will take him down to the army cyber security of excellence. i will take him to footer fort

leavengood. see the quality of people. take him to walter reed and talk to wounded warriors. in their own words let them describe why they put sacrifice above their own personal safety to serve their nation and then i will take them with me the next time i have the honor to represent our leadership at arlington for a funeral and let him talk to the family members and let them tell him how proud they are of their sons and daughters that serve our nation. brian: wow. extremely well said. have to keep it from general kelly if you don't mind on that tour because i don't think he will be as diplomatic. very well said. first time we met it was prior to your thunder run. the legendary run third infantry second division took to take baghdad. and there's the flag that you guys flew. you were just lieutenant. you were a kid then. >> we haven't aged to date, brian. brian: i have aged. have you not. >> it's the tv camera. brian: have you an excuse. you have been in the desert and have you been fighting for our wars. i have no idea why i have age sod poorly.

just been an honor to know you. congratulations on your incredible career. we couldn't have a better person in charge of recruiting. >> thanks for your continual personal and professional support for those that wear the uniform of our nation. they appreciate it. and i know you are very sincere about it. it means a lot to them and our nation. brian: i feel that way but does so does everyone feel in this building. >> thanks so much. brian: coming up next, we will talk to the student who taped that teacher's antimilitary rant and his lawyer right here on "fox & friends." don't move. oh yeah, i have something else to say. i hope you didn't mind the dramatic pause. deputy hailed a hero after pushing three others out of the way of a speeding car. the whole thing is caught on camera. i won't stop here. i will just forge ahead. plus, most americans loved the president's state of the union address. some democrats disgusted. what's the disconnect? dana loesch weighs in ♪ this is the part where the ♪

[mascot] hey-oooo! whoop, whoop! [crowd 1] hey, you're on fire! [mascot] you bet i am! [crowd 2] dude, you're on fire! [mascot] oh, yeah! [crowd 3] no, you're on fire! look behind you. [mascot] i'm cool. i'm cool. [burke] that's one way to fire up the crowd. but we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ america's #1 detergent? why did we re-engineer because performance clothes have changed, but the challenge remains the same. and the olympic stage demands the brightest colors and the toughest stains come with their own rewards we've re-engineered tide because no matter what life brings, our commitment to clean remains the same now with 10x the cleaning power, tide, america's #1 detergent

on the only bed that adjusts on both sides to your ideal comfort, your sleep number setting. and snoring? does your bed do that? right now during the ultimate sleep number event, save 50% on the ultimate limited edition bed with adjustable comfort on both sides. ends soon. visit sleepnumber.com for a store near you.

achings ains we are back with a fox news alert. we now know the identity of the person that was killed when a garbage truck collided with amtrak train that was packed with g.o.p. lawmakers in virginia. brian: trying to figure out what went wrong. steve: griff jenkins is live at the screen in crozet, virginia with the details. as the sun comes up, trying to figure out why that truck was on the track. >> that's right, steve. now that the sun is coming up, we are getting a much better look. i want you to see this debris field, just massive, with the back just crushed and mangled. as you work your way up along that rail, the cab where that one fatality christopher folly 28 years old was in with two other passengers, one of them critical, the other walking away with minor injuries. and the ntsb working hard. senator bill cassidy one of the members on that train joined us last hour.

take a listen. >> i'm thinking to myself we have doctors on board but there is no doctor in that truck. that truck got slammed harder than we. i start to work to the back of the train, looking for an open door. you go out and see two people on the ground and you start to work. >> the collision happening just a little before noon and they were obviously able to pull the members out and continue down to the retreat where they are today. house speaker paul ryan talking about the remarkable story of congress member turned first responder, here is what he said. i'm just so thankful to be the people who sprung into action today. [applause] i'm so thank will for the capitol police and physician members of congress who sprang into action. thank you so much for what you guys did today. it reminds you sometimes how fragile life can be. >> ntsb says they will be here for a few days and could be months before we

get a full report. one of the things they are going to be looking at railway cross signs you see up behind me. they were down yesterday. they are looking at whether those were properly working and other elements like blind spots and the speed of the train. a lot of factors happening here. but, again, the good part of this story, these members of congress treating people right away. one member of congress, by the way, congressman jason lewis suffered a concussion. the only member that was hurt guys? steve: griff jenkins live in virginia. thank you very much. meanwhile let's welcome in dana loesch. good morning to you. >> good morning, everyone. steve: so, after that train crash there was a liberal author who tweeted this out and then deleted it. before he deleted it somebody got a frame graph writes wow, between train full of g.o.p.ers hitting truck and this, god is working hard today to clean up the stink.

thank her, #trey gowdy #g.o.p. train wreck. perhaps mr. tasini didn't realize somebody died in that accident. >> you are right, steve. the sad thing is this individual wasn't the only person making remarks like this. i certain hollywood celebrities, michael ian black was one of them who thought it's okay to ridicule a fatal train crash because it involved republicans. is this really honestly the state of political discourse? aren't these the same people, by the way, who are constantly complaining about the state of political discourse? they have the audacity probably before this family member was notified of this tragedy. how about saying some kind words for those involved in this crash or maybe, heaven forbid, saying a prayer for the individuals who were involved in this and for the family of the individual who was killed this is awful.

steve: at least he did delete it. ainsley: let's talk about the state of the union address. president the mentioned in his speech, talked about the families though lost the 16-year-old girls killed by ms-13, the gang members. that's why we need the wall and legal immigration is so important. he says they were talking about daca. here is representative or congresswoman maxine waters. listen to what she said. speech cannot and does not make president trump presidential. he is not presidential and never will be presidential. he claims he is bringing people together. but, make no mistake, is he a dangerous, unprincipled, divisive, and shameful racist trump often works to convince dissatisfied elements in our society is that all of their problems are caused by people of color. ainsley: dana, when some

democrats say the bone 234usbonusesare crumbs. that doesn't resonate. will this help them in november. >> no, absolutely not, ainsley. i think it's shameful that these identity politics and the race card, using this argument this is the last refuge for individuals who have no other argument. they are terrified because the economy is doing well and the president hit hard on that in his state of the union address i thought it was a great address. it started off strong. i spoke with listeners all across the country yesterday. i took callers all three hours on my radio program yesterday. every single personal. even people really critical of the president during his first year in office really liked this address. one poll showed 72% of independents actually approved of this address and that's the demo that put him over the top in november 2016. that's the demo that democrats need to continue to be relevant. so they don't have the product they don't have the

messaging anymore. they have to fall back on the race card. as far as them talking about ms-13. and i know a lot of progressive pundits have been trying to down play ms-13 it's shameful the ignorance they have on display. they do not know that the massachusetts u.s. attorneys office considers this one of the largest criminal organizations in the united states with over 6,000 members in over 46 states responsible for many, many deaths. that they would down play this and that they would try to down play how illegal entry plays into ms-13 how it's important to secure our borders. it's shameful and displays an ignorance that they feel proud to parade on television with. the president was spot on about this. and these families, how could anyone sit here and say and talk about how entering the country illegally is somehow racist? particularly when you have minority communities that are negatively disproportionately negatively impacted by illegal entry? i don't know how anyone could look. brian: right. >> at the grieving parents of those women, the two

girls murdered by ms-13 sitting there in the box with the first lady and they are grieving silently. this is affecting middle class americans. it's affecting all americans. it's affecting our families. something needs to be done about it. brian: brentwood is mostly hispanic, black and hispanic, and they have been the victims of ms-13. that's where both of those families are from. one of those girls was probably looking at a basketball scholarship had she just not been walking home from school. what were a lot of the democratic lawmakers doing? well looking glum in many respects and doing something else on their phones. look at this. one of these enterprising reporters in the gallery was able to shoot over the shoulders of some of the lawmakers. and they are checking their email and maybe even playing candy crush. >> i'm surprised they have thinking to criticize brian state of the union addressing as half of them weren't paying attention or sitting on their hands which floored me. the president is talking about unity and talking

about record low unemployment across every demographic, how are you not allowing that? is that so bad jobs are bad. unity is bad? you can't applaud for those things? beyond this defeatist attitude that democrats have. either they want to go forward and they want prosperity or they don't. steve: well, maybe the reason they didn't stand up and clap is because they were on level 9 of candy crush. [laughter] steve: dana loesch, thank you very much. i can't stand up i'm on level 9. ainsley: you seem to know a lot about it thanks, dana. steve: 18 minutes before the top of the hour. jillian: i'm proud to say i have never played candy crush. ainsley: me either. my mom, however. brian: i'm guessing there is a level 9. jillian: get you caught up on headlines starting with this not just the flu virus. now medication is being blamed for at least one death. an indiana family says tamiflu caused a 16-year-old to take his own life. charlie harp killing himself less than 24 hours after taking tamiflu. his aunt blaming the

medication's severe side effects which warns of abnormal behavior in young patients. we are now learning a 15-year-old girl carol molina has died with the flu five days after being diagnosed. a quick-thinking deputy hailed a hero for quick thinkinthink thinking. shoving them to the side of the road just as a car came speeding towards them. they were out on the street conducting a traffic stop. driver who nearly hit the cops later arrested and charged with dui. high school students could soon be forced to apply for college. even if they have no intention of going. state lawmakers in new mexico considering a proposal that would make those applications a requirement for graduation. students enlisting in the military vocational schools or internship would be excused. a look at your headlines. steve: forced to college. brian: man's best friend really bringing home the

bacon. how did this dog just get approved for unemployment benefits. congratulations. can't we find him a job? ♪ new generation ♪ my healthy routine helps me feel my best. so i add activia yogurt to my day. with its billions of live and active probiotics, activia may help support my digestive health, so i can take on my day. activia. now in probiotic dailies.

almost $800 when we switched our auto and home insurance. with liberty, we could afford a real babysitter instead of your brother. >>hey. oh, that's my robe. >>is it? when you switch to liberty mutual, you could save $782 on auto and home insurance and still get great coverage for you and your family. call

for a free quote today. you could save $782 when liberty stands with you. liberty mutual insurance. feel better. tommie copper's ultra comfortable over the calf compression socks are engineered to relieve tired, achy feet and legs. designed to perform all day every day with arch and achilles support, comfortable calf compression, and proprietary anti-odor technology that won't wash out. go to tommiecopper.com to save 25%.

try any tommie copper sock today and if they aren't your most comfortable pair get your money back guaranteed. life hurts, feel better. ♪ ainsley: president trump vowing to help end the opioid crisis gripping our nation during his state of the union speech. watch this. >> my administration is committed to fighting the drug epidemic and helping get treatment for those in need. for those who have been so terribly hurt. the struggle will be long and it will be difficult. but as americans always do, in the end, we will succeed, we will prevail. ainsley: but a new congressional report suggests medicaid fraud might actually be driving the opioid crisis by making it easier for the enrollees to abuse and then resell the highly addictive

painkillers. here to weigh in on this is dr. kevin sebet a former white house drug policy advisor and affiliated fellow at yale university and went to oxford. very informed. worked for three administrations. thank you for being with us. >> thanks for having me. ainsley: what's the probable here. >> there is multiple things going into the opioid epidemic. there is plenty of blame to share. medicaid expansion. some issues with fraud. that's also been a way for people to get treatment, too. i wouldn't throw the baby out with the bath water. there is plenty of blame on all sides of this. even private insurers are to blame. many won't cover quality addiction treatment. we need quality dixson treatment in this country. we need funding for it for the president's opioid commission. bipartisan commission. put out a very good report. now we need to see congress and the administration fund those recommendations. that's how we are going to get out of this crisis. ainsley: some people need painkillers for whatever they are going through and not abusing it. but so many are. and unfortunately something has to be done. and those folks who really need the medication, we don't want them to have to

experience pain. >> absolutely. the vast majority of people prescribed pain killers actually don't have a problem with them. it's a small minority. that small minority consumes over 90% of the pills. there have been a lot of opioid manufacturers who have been encouraging, overprescribing and in fact many attorneys general from mike dewine in ohio to mr. sneiderman here in new york. they have actually taken suits against the opioid manufacturers because of their false claims. so there is a lot of blame here. i wouldn't put all the blame on medicaid. we don't want to throw the baby out with the bath water. that can be a way to get people to treatment. the issue is we need high quality treatment in this country and we don't have it. ainsley: the numbers are just staggering. 170,000 recipients of medicaid are going -- are doctor shopping. they are going to five or more doctors. that is insane. how do you prevent that? >> dr. shopping is a huge issue. we need states to get on board with prescription monitoring programs. again, it's not. ainsley: like a database. >> a database. which we have begun but we need to have teeth behind that database. we need to do much better dr. prescribing. some states limit prescribe

for those who have a history of addiction. doctors should be asking when you go to the doctor. they should be looking at your history. that's how we see addiction as a health issue. we need to mainstream it into regular healthcare so it's not just in the church basements only. if we continue to do that, and we continue to do things like legalize marijuana and these other very harmful policies, we're going to make the opioid crisis much worse. this is an addiction crisis. ainsley: you hear that, california. >> and many other states. this is an addiction crisis. not just opioid crisis. these are people using opioid, mixing them with alcohol, benz zoe i do as benz i do as philippines. we have to fund the recommendations. ainsley: good deal. thank you for being with us. >> thanks, ainsley. ainsley: the democrats are trashing the four point immigration plans. they are labeling it a hate speech. >> these four pillars represent a down the middle compromise and one that will create a safe, modern, and lawful immigration system. ainsley: our next guest has seen the dangers firsthand

along the border. vice president of national border council is going to weigh in on that next. ooh, ooh hot - just gonna stay home on the farm, eat a beautiful idaho potato, and watch tv with my dog... tv anncr: the big idaho potato truck pulled into town today and it's really a sight to see. oh man...let's go.... (distant) you comin', boy? sfx: (dog) gulp! woof.

steve: president trump four point immigration plan during his state of the union address. >> these four pillars represent a down the middle compromise and one that will create a safe, modern, and lawful immigration system. steve: key there lawful. but it didn't take democrats long to come out against it trashing the president's message and calling it hate speech. so what are those protecting our borders think? let's talk to the vice president of the national border council art. good morning to you. >> good morning. how are you doing today?

steve: good. thank you very much. what did you think of the president's 4 point plan. >> nowadays everyone wants to push the race issue. i'm hispanic. i'm on the president's border patrol council. people need to understand illegal is not a race. illegal is not a race. steve: cory booker the senator from the great state of new jersey where i live. he said this regarding the framework. he said, president trump, is laying out pillars ha are not going to get him a deal from democrats. a lot of empty rhetoric. but ultimately, art, democrats don't want this president to get the credit for fixing the daca deal because they have got an election coming up midterm. and the president in three years. they don't want him reelected. >> well, if you look at the entire speech and you look at the plan that's going forward, we have -- finally we have a president that is understanding the mistakes that we have made in the past, especially during '86.

he is trying to correct those mistakes with this new plan. is he putting security of the border and security of our entire country at the forefront and that's what we need done. steve: art, real quick, what do the guys on the line say about this 4-point plan. >> the bottom line i is that. finally getting security at the forefront and that's what we have always been asking for. that's important. we need to understand we need to secure our borders. secure america and move forward with a better path than what we have in in the past. we finally have a president that understands it and knows what needs to be done. steve: it's time to let's make a deal on capitol hill. let's see what they come up with. art de l cueto, thank you for joining us from san antonio. >> thank you. steve: coming up on thursday very controversial fisa memo could be released today but should it be mark meadows has read it he joins us in 15 minutes. he has a lot to say about that. you're going to want to see it.

. . . .

♪ >> the feds descending on scene of a deadly train crash in virginia. that train carrying gop lawmakers and their families collided with truck. >> you hear we hit a truck. we have doctors on board but no doctors in the truck. steve: fbi and department of justice are hitting panic button because. >> release the data. let us decide. who abused spying authority. brian: california high school teacher now suspended that went on military rant. it enraged white house chief of staff general john kelly. >> the guy ought to go to hell. >> talk about reaping rewards of the big tax cut bill. we thought february fist would be the big date when you will have more money in your paycheck. ♪

["we built this city" on rock 'n' roll ♪ brian: i always said we built the city on rock 'n' roll. steve: welcome to, cleveland is the home of rock 'n' roll hall of fame. brian: which we never went to because we worked whole time. >> i went to. you were only one that didn't go. steve: we were there a whole week. how didn't you go? brian: i guess i was only one. steve: peter doocy and i went, we invited you, you said you were busy. brian: what about you? ainsley: i went to do a story on it when i was there on the rock 'n' roll hall of fame. i've been back twice. steve: we built this channel on the news of the day. here is the headline. fbi and department of justice do not want you to see whatever is in that four-page republican written memo.

they say it could be damaging to national security. adam schiff, republican from great state of california, essentially threw down the last thing, you know that thing the republicans wrote, they changed it, you can't show it to them now. ainsley: this is what he tweeted out. discovered late tonight, chairman nunez made changes to the white house, changes not approved by the committee. the white house approved the document committee has not approved for release. steve: what were the changes? >> changes that the fbi recommended to chief of staff john kelly before they released. they looked at it, it wasn't enough because the fbi still does not think the president should okay the release of this memo. steve: catherine herridge reported that they looked at the memo initially. they had no problems with it. brian: sunday. steve: then came out. five more guys went in and looked at it in the scif in the

house of representatives. they said you know what? you could change some stuff. so nunez did that. so the big question is whether or not they will have to revote on it now. can't vote on it now, all the republicans are in west virginia at the retreat. ainsley: they had problems with what they thought the fbi or doj was doing behind the scenes and what individuals working for the age were doing behind the scenes. they put the memo together. they voted monday night to release it. if they did changes, does it need another vote to be released? what are the changes we're talking about. this is the republican memo. this story changed so many times. i wonderedder if they added a few things. brian: does the fbi embarrassing to them or mischaracterization of the data we gave them. ainsley: what we heard it shows abuse of power at the fbi. steve: changes is grammar and to

clarify, one of the changes requested by adam schiff. judge napolitano, says release it. we should all see it. >> my argument is, when you have raw data, raw intelligence data, there are several different interpretations we're adults. release the data. let us decide who abused spying authority? who knew about it? who looked the other way? who is not doing what they're paid to do? we have a right to know that in a democracy. brian: chief of staff kelly said yesterday, this thing is coming out quickly, which is president trump word, quickly. we'll do it quickly, as in tax reform. it was done and believe it or not it was done quickly. how will you feel the impact? the corporations let you feel the impact in many cases. over 150 given out bonus, hired or increased wages. so what about the next phase, which is personal income tax? when are we going to feel that. steve: heard in the sound montage at the beginning the president of the united states was talking about february 1st, which is

today. the withholding tables are changing this month. which means the government is taking less money out of your pocket. we get to keep more money. ainsley: if you had the direct deposit, come in midnight tonight. check if it is changed, maybe you get more money. steve: if they changed the tax rates, it might be a couple bucks, but over the long haul could add up to thousands per american taxpayer. stuart varney says a good thing what happen with taxes. but opposing party, republicans are misleading what it means to them. >> paychecks are going up because tax rates are going down. nancy pelosi is dead wrong when she says 86 middle class american families will see a tax increase because of this tax bill. dead wrong. deliberately misleading the american people. brian: other major companies went to see the president yesterday, they're giving

employees a big boost and doing some hiring. aflac. >> aflac. brian: i personally believe the president loves meeting business leaders on any level in any industry to find out how they feel about it, what they plan on doing about it. this has been a pleasant surprise. ainsley: the vice president was talking about what it means for his family. 1000 bucks in his pocket that would meant christmas for his kids. many are writing. robert says, get one thing correct, when you work for a company you agreed to a paycheck. they don't owe you anything. when you get a bonus, $100 it is still a big deal. $1000 is a really big deal. steve: ben emailed, my pay increased $140 due to tax cuts. i love crumbs. ben, you put all the crumbs together you have a let of dough. brian: i should run to

entemanns. i get 53% per week, that comes to $212 per month and 5 that means $2756 per year. it may not mean much to the leaders of left but it means food on the table and clothes on the backs of those sus. steve: you didn't knee the 2500 bucks. that is drop in the bucket. people want to keep more of our money. now that we are able to, which party will you vote for? brian: dan heninger talked about, what does it mean for the republicans november from "the wall street journal" editorial page which i borrowed from jillian. jillian: remember the crumb doughnuts? i hadn't had them for years. they are a little messy but still delicious. so good. okay. let's talk about more important

things, guys, including this. virginia tech student under arrest for having illegal assault rifle and trying to buy 5000 round of ammo. police say he also went to target practice, researched bulletproof vests and bought old cop car. he is from china and is not allowed to possess firearms under his student visa. this is decade after the 32 people were killed at virginia tech. it was deadliest shooting in school history. the case closed against senator bob menendez. the seven week trial ended in a hung jury. the new jersey democrat was accused abusing power, accept be bribes for political favors including lavish hotel suites and private rides on jets. at only thousands of officers are working the big game but thousand of cameras and drones watching every move. the head of homeland security reassuring fans about their safety.

>> obviously due to its size, its scope, it is and can be an attractive target. we don't have any credible or specific threat intel but we will continue to actively monitor channels with our international partners. jillian: law enforcement has been preparing for two years. in april the draft knows who she will be rooting for. animal had millions tracking her pregnancy, predicting a super bowl winner. april believes the patriots. giraffe eating lettuce near new england banner. i have done research. a camel named walter at cape pay county zoo who chose the eagles. will you believe a giraffe or camel? brian: can we get back to you. steve: april, the giraffe was obviously sticking her neck out to pick the patriots. ainsley: just informed by our

amazing producers, tomorrow national wear red today. jillian: i am very torn about this. ainsley: if you wear red you think that looks like patriots. jillian: i need to wear green but i'm trying -- ainsley: wear red dress with patriots lapel pin. jillian: patriots? eagles. where do i find one in new york? if anyone has any ideas, let me know. brian: thanks, jillian. steve: controversial fisa memo could be released today. republican kong mark meadows has seen it. he thinks every american has the right to see it. he is live from west virginia. ainsley: a teacher under fire for slamming our amazing military. brian: the student who recorded it is just ahead. >> they're not high level thinkers. they're not academic people. they're not intellectual people. they're the lowest of our low.

that extends the shelf life of foods and infrastructure upgrades that help us share our produce with the world. 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 this is the story of green mountain coffee roasters dark magic told in the time it takes to brew your cup. first, we head to vermont.

and go to our coffee shop. and meet dave. hey. why is dark magic so spell-bindingly good, he asks? let me show you. let's go. so we climb. hike. see a bear. woah. reach the top. dave says dark magic is a bold blend of coffee with rich flavors of uganda, sumatra, colombia and other parts of south america. like these mountains, each amazing on their own. but together? magical. all, for a smoother tasting cup of coffee. green mountain coffee roasters packed with goodness. ( ♪ ) with 33 individual vertebrae and 640 muscles in the human body, no two of us are alike. life made more effortless through adaptability. the perfect position seat in the lincoln continental. ( ♪ )

♪ steve: that bombshell fisa abuse memo could be made public as early as this morning, much to the outrage of democrats and the fbi and the department of justice. republican congressman mark meadows has read the memo.

he says every american has the right to see it. he joins us from west virginia with the latest. congressman, good morning to you. >> good morning, steve, to you. it may be a disappointment for democrats and the fbi but i believe it will be a good day for the american people as we start to see the rest of the story and why indeed fisa, potential fisa abuses and what that means is, the spying of americans took place. so hopefully we'll see that later today. stove steve i know that the democrats have a problem with it. they have issued a 10-page rebuttal not seen by the public but in your version in the four-page memo that you have read, are actual people who did wrong in your estimation, are they named by name? >> well you know, we can't really comment until it is unclassified in terms of what is in this document but i can say this. a memo without specifics,

without names and the like would not be real meaningful to the american people. so i am hopeful if it is released today, not only will we start to see the rest of the picture, but i'm won of the few that have actually read the democrat memo. if they will correct some of the factual errors and sourcing issues there, i'm all for releasing that. nothing in their memo contradicts what was in the original republican memo and that's important if this is released. even the fbi did not find any factual inaccuracies in the memo when they reviewed it. steve: then why did adam schiff make some changeses? a bunch of of fbi guys looked at it. it is at the white house right now. adam schiff says substantial changes were made to the memo? >> well, substantial changes, you have to consider the source. adam schiff has been saying do not let the american people know what is going on. let's keep everything secret because indeed, the story that

is out there really is talking about abuses. and so substantial changes, does it mean a grammatical change or does it mean one word here or there? i can tell you, i had a lengthy conversation with chairman nuon needs -- nunez last night. he stands bit memo. i stand by him in his constitutional duty to actually inform the american people. you know has a constitutional obligation to notify members of congress if there has been fisa abuses. so i applaud him in that effort. american people need to see this and judge it for themselves,. steve: steve congressman, democrats say you and other republicans and this memo are trying to discredit robert mueller and his probe. >> i heard that challenge. the interesting thing is, i have not talked any about the special counsel and the work that he is doing. this is all about what was

leading up to the 2016 election, november 8th. what was done and more importantly what was not done. as we looked at that, i call on us appointing a special counsel, a second one to investigate the investigators. i think that the american people want to make sure that lady justice has a blindfold. it is not with us the well-connected that get off because they wouldn't, if they were under the same set of circumstances. steve: of course the circumstances regarding your republican retreat there in greenbrier, west virginia, many members of congress took the train out that hit that trash truck that killed the driver. you weren't on. you were driving by your own car out to west virginia. are things still going to go according to schedule or have you modified what is on your itinerary? >> we did modify our schedule last night. obviously we were praying for the families that have lost

loved ones. even for those in harm's way, it was a very, very somber mood last night. a lot of people were shaken by that event. we had doctors, gop doctors that got out and actually tried to help some of those that were on the truck and i got a first-hand description of that last night from dr. cassidy. and so i think it just shows that each day is a gift that we have and a blessing. you shouldn't take it for granted but today it is pretty much business back to normal. we've got secretary mattis and secretary tillerson briefing us this morning and the president coming later. steve: congressman a year ago when the president was first elected, no surprise, there were a number of members of the republican party in congress who weren't all on board the trump train. fast forward after we heard the president of the united states give the state of the union

address. are more members of your caucus behind this president now? >> well i can tell you there were more standing ovations and truly more appreciation for this president and the fact that he is getting things done on behalf of the american people than i have ever heard. not only was the state of the union address truss a tremendous success, a-plus, but yes we're behind him. we worked not only hand-in-glove on tax reform but we'll be working hand-in-glove on infrastructure an regulatory roleback in 2018. accomplish what we set out to do, drain the swamp and change washington, d.c. for the american people. steve: president of the united states will address your group later today. mark meadows, from the great state of north carolina. thank you so much. >> great to be with you, steve. thanks. steve: pleasure. remember when the disgraced teacher on unpaid leave said

this about our military. steve: that student who recorded it joins us live coming up next. you will want to hear this.

jillian: time now for news by the numbers. $1.7 billion, that is how much veterans affairs wasted on failed projects to modernize the electronic health records. a recent audit bit government accountability office finding over one billion dollars in wasted spending on go va projects from 2011 to 2016. another 600 million was spent on a third program that got canceled. next, $25,000, how much the fbi spent on dinner at italian

restaurant in a plot to catch more than a dozen mobsters. they set up reportedly going down in new york city back in 2014. it was just revealed in court this week. finally number one, fox news's ranking for state of the union coverage with 11.5 million people tuning in according to nielsen. it was the highest-rated state of the union in the history of cable news and it's all thanks to you, our viewers. steve: indeed. meanwhile a california high school teacher reportedly placed on administrative leave after going on an anti-military rant in the classroom. outraged student heard the rant, then turned on the phone and recorded the whole thing. listen.

ainsley: joining us now for exclusive interview the high school senior who recorded that rant. his name is victor quinonez, he along with his attorney trevor join us now. thanks for being with us. victor, tell us what happened. recount what happened that day when you recorded. >> well, pretty much that day was another student wearing a marine corps shirt and i was wearing my marine corps sweater. the teacher noticed he was wearing a shirt. i looked down, remember i had my marine sweater on. i tried my best to hide it, why he shouldn't go and why he shouldn't wear it. but as i went up to turn in my assignment, pretty much he looked at my sweater, really, not you too? he made me explain myself in front of the whole entire class. why did i want to join the military. i wanted to tell him that it's a family tradition. it is something i've been wanting to do as kid.

he told me if it was testimonily tradition to beat women would you continue it? i stood quiet. pretty much trying to put word in my mouth. sat down. stood quiet. had respect for him, when he didn't deserve it. that is what my family told them, respect those that don't respect you. as i heard him start ranting about the military, i ended up taking out my phone, he allowed us to have phones out, i began to record it. steve: the rest is history. let me ask you, victor, mr. salcido, the teacher, in your history has he gone on rants like this before about all sorts of things or was it just once in a lifetime, suddenly snapped starts talking about bad-mouthing the military? >> no, he is known for ranting about many things like religion, the military and other things. steve: okay. brian: just to be clear, you said, if he equated you joining the military to if your family

beat their, beat their women would be the same thing? he equated joining the military to that? >> yes. brian: unbelievable. when you started recording, is it your understanding he did not know you were recording and, what did he do? >> you know, he didn't know that i was recording but since he lets us have our phone out, i took that as advantage to record him. brian: what has been the response since? >> you know, i have a lot of people supporting me and a lot of students who don't support me. people who are my friend. i still respect them, even if they don't support me. you can still be my friend. ainsley: victor, how does that make you feel when your teacher is saying this about the military and your family? >> you know, i felt really hurt and because, you know, they're not all dumb sh-as he said.

my family has done a lot of great things. steve: why does victor have an attorney? >> we want to make sure we don't fail to take advantage of any opportunities to protect victor's family. as you guys probably know, since this started, this family has been getting death threats. they have some legitimate concerns. i work with an organization that provides services to vets and i was happy to volunteer my services, to help the family out because, i'm, i'm appalled by the way that victor was treated by his teacher and they're going to need help. so, we are still reviewing our legal options at this point, and we haven't committed to any particular path to solve, we haven't committed to any particular path resolving the problems but, we do think that it's appropriate for him to have legal counsel. that is why my friend asked me to be here.

i'm happy to do it. brian: do you think the teacher is going to sue victor? >> i, i couldn't man what for? ainsley: i can't imagine, i can't believe you're getting death threats. that is appalling to me. how does that make you feel? >> you know, makes me feel unsafe for my family. i'm not so worried about myself. just more worried about my siblings, my parents. steve: right. ainsley: you may have a few that don't support you, victor, majority of our viewers, the majority of this country support what is you do and what your family has done so we can have our freedom. we want to thank you. steve: victor, the teacher is on unpaid, i don't know whether it is unpaid. ainsley: on administrative leave. steve: do you want him fired? >> from the stories i hear now, ever since i stood up and you know went against him, other students are coming up, telling their stories of what

mr. salcido has done to them, what he said to them. i believe he should be fired, yes. brian: by the way your dad served in the marines, two tours, two other family members served in the military also. you're wearing marine shirt. >> yes. brian: victor, what are you doing about your military career? >> you know, right now, i'm just on track to graduate from high school and go to maps. we'll see from there. steve: victor, trevor thank you very much for joining us, telling us your story in the exclusive interview. ainsley: victor, you're courageous. you did the right thing. you didn't do anything wrong. now the story out there. maybe this teacher won't be able to brainwash more teenagers and tell them how much he hates our military. because we love you all. we appreciate what your family and some others have done to sacrifice for this great country. >> thank you. brian: trevor, great job volunteering your services. you are doing great thing. >> i appreciate you guys gives us a platform. brian: thanks, guys.

you saw them at the state of the union. parents who lost children with ms-13. but msnbc doesn't think that is a problem. we'll discuss that next. >> give a speech tonight makes it sound like the biggest issue in the united states, biggest threat is ms-13, a gang that nobody doesn't watch fox news has ever heard of.

you know, i used to be good at this. then you turn 40 and everything goes. tell me about it. you know, it's made me think, i'm closer to my retirement days than i am my college days. hm. i'm thinking... will i have enough? should i change something? well, you're asking the right questions. i just want to know, am i gonna be okay? i know people who specialize in "am i going to be okay." i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade.

♪ brian: ben shapiro, editor-in-chief of the daily wire. he did night pick the bump in music but i'm sure he approves. he has outstanding podcast. ben, welcome back. >> how are you? brian: number one story in america should be about the state. union the intrigue beyond the

devin nunez release. he revised at request of the fbi some portions of the memo causing adam schiff, the ranking member on the intelligence committee saying we have to revote on this it should not be released at all. i double down on that. what is interesting to you about this debate? >> only thing interesting to me of the debate obsfucation of underlying material. i've been calling declassification as much as possible. we don't know who to trust. somebody is lying or everybody is lying. nunez is exaggerating malfeasance or everybody is exaggerating everywhere. we'll not know that until we see the underlying memo but the underlying classified information as much available for release because we don't know who to trust. i lay a lot of this at the hands of the obama administration. it is pretty clear at this point the obama administration was impeding the hillary clinton investigation with the help of the fbi or at least players within the fbi and we don't know to what extent the fbi was involved in some sort of

nefarious activity with the trump campaign or we're doing their job. we will not know any of that until we see the stuff. right now a lot of speculation and innuendo about stuff the american people haven't seen. that is forcing people to choose between narrative story lines lines which they have no evidence to support. steve: sound like possibility we actually could see later on today. the republican was like to get it out. so would the president of the united states. john kelly told brian yesterday it will be out very, he shortly. let me ask you this, why is the department of justice and fbi, they're both going to the white house, you can't run this thing. they're hitting the panic button on it. do you buy into the whole deep state thing or is it something else? >> i mean i don't know the answer to that. again i don't think we're going to know the answer until this stuff is declassified. sure it is possible there is some sort of national security risk in revealing how fisa memos were gathered or how fisa warrants were gathered, rather, but we don't know that noll we actually know that fbi is basically saying trust us. doj is saying trust us, you

can't see this stuff. the trust is the entire question. the question is whether we can trust them. we're being told by both members of the trump administration and devin nunez they're obviously not trustworthy. until the american people get to see this we'll not know whether this is republican overplay or attempt to shut down the mueller investigation or attempt to smear the fbi or whether this is the fbi attempting to protect itself from its own malfeasance. brian: only thing i would say, mueller is here, this is here, as speaker ryan said, we're not looking, trey gowdy, said we're not looking to stop the mueller investigation. this is something different. >> yep. i mean, and i think that is the key distinction that republicans ought to be making. listen, it is our job, we're an oversight body. it is our job to oversee an institution we created. it is our job to look into what the fbi did with regard to the hillary investigation. we're not trying to shut down the mueller investigation. if they make that clear it looks a lot less politically motivated i think. ainsley: ben, most republicans

according to polls, most independents, they like the president's state of the union address a few nights ago. we were there covering that. you were there too, or you watch the speech. joy reid, a host over at msnbc, this is what she tweeted about it. she said church, family, police, military, the national anthem, trump trying to call on all the tropes of 1950s era nationalism. the goal of this speech is to appear to be force normalization of trump on the terms of the buy gone era his supporters are nostalgic for, #sotu. what is your opinion? >> politics used to get your politics to oppose motherhood, apple pie and american flag. democrats are embracing that. joy reid is saying motherhood terrible, apple pie, terrible, american flag terrible. this is not about 1950s america. this is gap created by the hard left in the united states which opposes all of these unifying institutions. that is what was truly amazing about the state. union is that the president i

thought did a good job, why the polls reflected how popular the state of the union was. he did a good job mentioning a lot of things that unify americans, among them, police, military, national anthem. the flag. democrats were sitting for those things deer riding that. good luck in 2018 if that is your strategy. steve: what unites america, is the word america. aclu complained that the president used america, a gigantic number. said this tonight the president trump said this word, america more than 80 times in his speech. after divisive first year we hear and feel how exclusionary that america is with policies harmed so many vulnerable american communities. they're using it. the aclu actually, americans, first letter in their acronym, stand ready to protect these communities both in the courts and at the polls. do they have a point? >> no. this is astonishing. the american civil liberties union, call them the

international civil liberties union? they only exist in the united states because of american liberties, american freedoms, the american constitution. steve: stop doing that. you're as bad as trump. >> this is totally nuts. if you are so anti-the word america because it is so exclusive, give up the title american, right? you should not be considering yourself an american. too exclusionary. maybe be a world citizen with all the privileges that entails. brian: lastly, ben, to sum up, year one in the books. the president laid out what he wants for year two. in november how will this thing play out? how will it affected midterms. >> a lot will depend if the president we saw during the state of the union is the president we see for the rest of the year. i thought he did excellent job in the state of the union. he laid forth a story he wanted to tell. we'll see what his agenda is. he talked a lot about what he did in 2017 and what he will be doing in 2018. democrats will be highly intransgent. president's greatest ally in republican victory are chuck

schumer and democrats who incompetent in everything. you stake your hope as a republican, the democrats will blow this thing like they have blown everything else this year. steve: all politics are local. thethe greatest thing that impas your people is the money. where holing charts and -- withholding charts and changing today, people will have more money in their pocket. brian: especially ben. >> absolutely, i'm in california. i may not see more money in my pocket. california is a terrible state. there is no question if the impact of the tax cut continues to be felt this year, generic ballot is closing. monmouth poll closing yesterday, the generic ballot gap was d plus 2. it was plus 15 couple months ago. brian: every answer you give makes me want to ask for more questions but unfortunately we're out of time. ainsley: thanks, ben. >> thanks a lot. steve: 17 minutes before the top of the hour. the president touting many economic success the country is

experiencing during the state of the union address but democrats could not bring themselves to stand. our next guest calls that move disrespectful. brian: plus, we're days away from the super bowl. it will be on sunday where the philadelphia eagles face off against the new england patriots. one winning quarterback, eli manning shares his game predictions live from minneapolis. maybe he will pledge to be in the super bowl next year. maybe he will guarranty it? i sure hope so. ♪ ♪ when you have a cold, stuff happens. [ dog groans ] [ coughs and sneezes ] nothing relieves more symptoms than alka seltzer plus maximum strength liquid gels.

kayak compares hundreds of travel and airline sites so you can be confident you're getting the right flight at the best price. cheers! kayak. search one and done.

♪ ainsley: the president touting the many economic successes the country is experiencing right now during his state of the union address but democrats just couldn't bring themselves to stand up. watch. >> something i'm very proud of, african-american unemployment stand at the lowest rate ever recorded. [cheers and applause]

ainsley: many of the democrats seated in that shot are members of the congressional black caucus. our next guest calls that move, he says it is disrespectful. joining me bishop leon benjamin of new life harvest church joining from us virginia. good to see you again, bishop. >> so good to be back with you ainsley. to god be the glory. ainsley: to god be the glory. we talked to you when you went to the white house how tax reform would affect you and your community. you wanted to come on what your response was when we saw some democrats sitting down, talking about black unemployment, being lowest it has ever been since it was record back in the '70s. was your response to them sitting down? >> totally disrespectful t gave a clear mark what the black

congressional congress represents which is not us, the black families and black people of america. they have lost their ear to our voice. what they did during the state of the union address, clearly showed they have lost touch with the average family, especially black families who are now enjoying more jobs, more money, in their pocketbooks and wallets. and it is just amazing to see the disdain and the faces, while the president was clearly giving ideas that were bipartisan, that anyone, whether republican or democrat, should have stood up. ainsley: senator cory booker, democrat from new jersey, he said president was using religion and using god and faith to divide our country. he watches how he treats other people. he doesn't live like he should, if he will talk about god. he said it is putting a wedge

between people in our country. what are your thoughts. >> senator cory booker needs to understand without god this nation is nowhere. god bless our lord and savior jesus christ. the president standing with the march for life. no sitting president has done that believing in traditional family values. saying that we don't worship government but we worship god, i'm kind of thinking that senator cory booker is off with his messaging. this president obviously knows that without god this nation is nothing. ainsley: thank you so much, bishop, for being with us. god bless you. >> god bless you. ainsley: thank you. we are just days away from super bowl sunday and quarterback eli manning sharing his gameday predictions with us live next. first we check in with bill hemmer, to find out what is coming up on the show. what are you pulling for? >> i'm, oh, come on. i will wait until tomorrow.

good question, ainsley. thank you, ainsley. battle over the memo, folks. what gives today? talk to sarah sanders live from the white house. new polling numbers tell a changing story about the midterms next november. tell you about that today. also the first of february. today is the day tax cuts start to kick in for millions of americans. so what is the effect of that law? big morning. ari fleischer, corey lewandoski join us. ten minutes away. see you at the top of the hour.

♪ ainsley: we are days away from super bowl sunday where the philadelphia eagles will face off against the new england patriots. brian: eli manning joins us right now.

coring to reports he has won two super bowls. he is going as civilian but a professional. why is there a bed behind you at u.s. bank stadium? i thought those were suites? >> exactly. that is what courtyard has done. i'm hire in u.s. bank stadium where courtyard transformed this suite into courtyard guest rooms, the winners of the courtyard super bowl sleep over, wake up here sunday morning to enjoy the festivities of the super bowl. brian: two winners are cory marshall and cory's wife chelsea. your brother surprised them in san diego, right? >> yes. so, cory is just a huge, huge, peyton manning fan. and huge football fan. so he entered into this contest, this sleepover and, you know, contest, and he got to meet peyton and obviously courtyard is bringing them here. get to sleep here, saturday night, wake up in the stadium. and, kind of see what happens

behind the scenes of super bowl. watch the game with his wife. just a great trip for cory and a great job by courtyard putting this on. get to sleep in the super bowl stadium before the fame. pretty awesome. ainsley: we got to talk about the game here. i am an eagles fan, a lifelong eagles fan from philadelphia. you have played the patriots in the super bowl before. you come out successful. what does it take, dot eagles have it? >> well, i think, i think, you know, on paper the eagles, yeah they definitely have it. they have a great, an offense that score as the love points a quarterback playing well with confidence. a defensive line disruptive and causes problems, gets pressure on the quarterback. so they have played well all year. they're kind of coming in as the underdog role which i think they have embraced. only problem they don't have tom brady. jillian: come on. >> don't have tom brady on the

other side. he is a difference-maker. he is incredible this year. bringing his team back and winning tight football games. who knows. i have been the underdog a few times and come out victorious. so, that is the great part about football. you can predict all you want but it comes down to a few place and who, they if eagles get a lead and stop tom brady in the fourth quarter. brian: thanks, for joining us. we have 4 how nor questions. jillian: i know. brian: it looks like a cool promotion. >> thanks a lot, i appreciate it. jillian: think he said the eagles will win. that is what i heard. how i interpret that. brian: he didn't say that he thinks he can win. more "fox & friends" in a moment nice job.

>> tomorrow on our program we'll have a cook-off between boston and philadelphia, cheese

steak versus chowder. it will be great. >> keep in mind if you have to run from the television run to the radio. brian kilmeade show.com. >> tomorrow is friday. have a good day. >> see you then. >> bill: minus 2 in minneapolis this weekend. bundle up. the f.b.i. and white house on a collision course today over the release of a secret surveillance memo that might go public now. all this as multiple forces across washington try to stop the president from making that move. so again it may happen today. we await for news on that as we say good morning on thursday. bill hemmer, inside "america's newsroom," how are you doing? >> sandra: i'm doing well. good morning. end of the show i want a super bowl pick out of you. two hours to get one. i'm sandra smith, good morning. the president was overheard saying he would remember say 100% he said release that memo which allegedly reveals government surveillance abuses against the trump campaign during the 2016 campaign. top f.b.i. officials spent hour