>> very tan. >> i don't know if i'm on lie witness news to put me on television, more "fox & friends" just a moment. on dot-com. >> see you tomorrow, everybody. bill: thank you, guys. fox news alert right now on the trump transition. president-elect laying out vision for first 100 days in office. breaking last hour, brand new details on whether the trump white house will pursue criminal charges against hillary clinton. there is a lot to get to. it's a busy tuesday. i'm bill hemmer. welcome here to "america's newsroom." martha has time off. welcome back. heather: nice to be here i'm heather childers in for martha maccallum. mr. trump, making priorities clear on 2 1/2 video on youtube, strengthening the military, new infrastructure and getting rid of regulations for every new one introduced. >> i asked my team to restore

our jobs and it is about time. these include the following. on trade, i am going to issue a notification of intent to withdraw from the trans-pacific partnership, a potential disaster for our country. bill: that is part of that address that ran 2 minutes and 30 seconds. plus as we just mentioned, trump advisor kellyanne conway who ran his campaign saying earlier today that the president-elect will not pursue a criminal investigation against hillary clinton. heather: for a lot of folks that announcement. peter doocey live out tied of trump tower. begin with the breaking news on clinton. reporter: we're just finding out about that. kellyanne conway was on another network and she explained that the president-elect will not pursue new charges against hillary clinton for emails or against hillary clinton in the context of allegations for pay per play for clinton foundation because he says hillary clinton is coming to realize after losing the election that the

american people just did not want her as president because they did not find her as trustworthy. if the president-elect trump could help her heal he will do that. right now, talking about locking hillary clinton up, is more of a campaign pounding theme. that is not what they're trying to do. they're trying to put together a cabinet. that is what we're watching on fifth avenue outside of trump tower for the last few days. you talk about this decision not to pursue charges, that is a big change from the campaign not only the debate where donald trump said if he was president he would put hillary clinton in jail, but also i went to dozens of trump rallies over the last few months and big rallying cry at many of them was, when his supporters would chant, lock her up, lock her up. many different cities, swing states, not swing states, wherever he went. that was something really got his supporters excited and it is something now that it does not sound is going to happen, at least not for anything she did in the past.

heather: supporters looking for more explanation i'm sure on that. so you up next, trump's first 100 days what was in, what was out? reporter: so you heard a little bit of what was in there, in the intro, the highlights. but it is interesting the things that were not mentioned. mr. trump did not mention building a wall and he did not mention a muslim ban. that is not to say that neither of those things will not happen. they are major campaign promises he stuck by. he has not backed away from either of them, but they are two things that would likely require a lot more financial and logistical assistance from the congress to put in place. a big focus off the video was something trump really had been get his supporters behind, that is the idea of cleaning up washington, d.c. >> on ethics reform as part of our plan to drain the swamp we will impose a five-year ban on executive officials becoming lobbyists after they leave the administration, and a lifetime ban on executive officials lobbying on behalf of a foreign

government. reporter: mr. trump says he has more meetings set up with perspective staff today. he is looking way ahead. he tweeted these are people that will help him run the country for the next eight years. heather? heather: speaking after little help, the president-elect meeting with members of the media but not all of them. reporter: so, so yesterday his staff he want ad reset meeting and that is why he invited the bosses from five major networks over, but by all accounts, at that meeting at the sit-down mr. trump really dressed these executives down, criticizing a lot of coverage about him and telling these executives they were all wrong about trump's chances. that there was supposed to be another meeting with "the new york times" but it was off at the last minute by the president-elect. he explains, quote, i canceled today meeting with the ny times when the terms and conditions of the meeting were changed at the last minute, not nice. "the times" is saying now that that tweet is how they found out that they were no longer welcome

here at trump tower today. their response in part says, quote, we did not change the ground rules at all and made no attempt to. they tried to yesterday asking for only a private meeting and no on the record segment which we refused to agree to. this is going to be the last day of trump's meetings with potential staff or with maybe anybody from the media that he invites over, until next week because this afternoon he will head on down to his mar-a-lago estate in west palm beach, florida, for the holiday. heather: sounds is like breaking up with someone over twitter. thank you so much. bill: a lot to get to on this one. rich lowery, editor of "national review" and fox news contributor. good day to you. the video, what did you think about its release and effectiveness. start there. >> first of all on the release, this is clearly a way to go above and around of media. we'll see much more in the trump administration. it's a new age where youtube and social media makes it possible for you to do this. trump's unique abilities as

communicator makes him very well-suited to these -- bill: remember the instagram videos year-and-a-half ago from his office in trump tower. that was the beginning of that. you noticed clearly an emphasis on the economy. >> that is the theme that cuts through all these priorities. the economy, jobs, and the american worker, that is always top of mind for the american public. it was the biggest issue in the election. obviously it makes sense for him to emphasize that. bill: his quote, our transition team is working smoothly, efficiently and effectively. oh all what do you think? >> i think any transition will be rocky. there is rockiness here. the very public meetings or at least public entrances have really been genius as pr. it create as sense of movement. gives something, something for the media to fasten ons rather than kind of all the insiderry bickering you always get in any transition. bill: obamacare was not mentioned. neither was the wall. peter doocy just referred to it. what do you think about that? >> obama care repeal will happen

in the first couple months. this is something he is completely committed to, just as importantly the republican congress is utterly committed to. paul ryan is working as we speak. the wall, i don't think there will be a wall across the entire border, he kind of admitted that but the enforcement agenda will happen. bill: he said some areas are mountainous and will fire a fence. media meeting was off the record. i don't know what happened with the "new york times" but apparently a lot of folks attended yesterday's meeting took a lot of heat because it was off the record. they're reacting to that, "new york times" says we can do it but it has to be on the record. it is true, any administration cord meetings all the time. what do you make of this back and forth? >> there is nothing wrong with the media sitting down with newsmakers let alone the president-elect of united states on off the record business i don't get being any problem there. the media declared war on donald trump several months ago and took a shot at the king and it missed and it is now paying a

price and of course donald trump is going to point out to them that they were wrong. but this relationship has been hostile and testy from the fin beginning and probably will only get more so. bill: my suggestion, it will not simmer down. thank you for your time. >> thanks, bill. bill: rich lowery in the studio. eight past. heather: and it begins. fox news alert for you right now, the ntsb is heading to chattanooga, tennessee after a school bus crash that killed six people including five children. the bus driver, 24 john anthony walker is charged for vehicular homicide and reckless endangerment. 37 elementary schoolchildren were on the bus at the time of the accident. the community understandably just stunned. >> as bad as it is for police officers, firefighters, paramedics working that crash and investigation we can't even begin to imagine how much worse it is for the families, friends a loved ones of the victims.

all our hearts go out to them. our thoughts and our prayers. we are doing this for them and for their family. heather: the police believe that speed played a factor in that crash. we'll have much more on the story later in the hour. bill: another alert right now. nine past the hour. terror fears aimed at times square in new york city. the fbi arrested a suspect who wanted to hit the crossroads of the world. what we're learning about that story. details in a moment here. heather: once more on breaking news of the morning. what president-elect trump wants to do in the first 100 days. what can he do by himself. what does he need congress for? where are the gray areas? attorney general john ashcroft up next on that. bill: deciding to allow hillary clinton off the hook. team trump saying they will not pursue a criminal investigation about hillary clinton. what we're learning about that this morning. how will that square trump supporters and chants that were heard many times during this campaign.

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heather: welcome back. a new york uber driver now under arrest for attempting to join isis and planning an attack on times square. the fbi says that mohamed rafiq naji of brooklyn traveled to turkey and yemen to join isis last year.

last summer he told an informant he supported plans for an attack with a garbage truck in times square. that attack would be similar to the one in the south of france over the summer when a large truck plowed through crowds at bastille day celebration. 84 people were killed in that attack. seminole ♪. >> president-elect who is also the head of your party now, joe, tells you before he is even inaugurated he doesn't wish to pursue the charges it sends a strong message and tone and content to the members. he sy thissing of many different things as he prepares to become president of the united states and things that sound like the campaign aren't among them. bill: that from earlier today. if that is the case, that is news. kellyanne conway telling, saying that earlier today that the justice department will not pursue a criminal case against hillary clinton. what does that mean then? john ashcroft, former u.s. attorney general under president george w. bush with me now from his home in springfield,

missouri. thank you for coming back. your timing is perfect for this question. why not pursue and what is the effect of that? >> well the director of the fbi, james comey, hasn't indicated earlier that justice department made a decision that in spite of the fact that there were violations he didn't think this merited or would be appropriate for prosecution. apparently that is the conclusion that has been reached. i would hasten to mention though that it's pretty well-known that there are a number of other investigations regarding the clinton foundation and i don't think that what the president, president-elect has said would foreclose following those investigations to an appropriate conclusion. and if they found that there was some sort of a prosecution or legal action that was merited there, i don't think that what has been said today would foreclose action on those issues. bill: whatry hear you saying

though, a blanket interpretation of miss conway's comments this morning would be inaccurate if you consider all -- >> to foreclose things that might be discovered as a result of investigations which are ongoing in a variety of jurisdictions, that would probably be premature to make that kind of judgment. this probably refers to things that had been disclosed about the email problems with mrs. clinton's emails which were really admittedly illegal but didn't rise in comey's mind to the level of being prosecutable. bill: let me move to two other categories if i could quickly here. first 100 days. these are some of them now, that do not need congressional approval. they are, approve the keystone pipeline. limits federal regulations. leave the tpp, the trans-pacific partnership.

renegotiate or withdrawal from nafta. needs congressional approval 100 days. repeal and replace obamacare. build a wall. cut taxes and pass an infrastructure bill. now, those are just a few we selected from the list so far, that the president-elect has given out. on that list is there something that sticks out with you as perhaps more contentious or more difficult or flat-out impossible? >> well, i think there are, i think almost all of those things are possible in the categories that you have mentioned. president obama has made his presidency one of doing things by executive action, and things that can be done by executive action are usually undo youable or you can, make them over immediately by presidential action. the fact that watches done without the congress, by presidential executive order would mean that that could be

changed without the congress by presidential executive order the next president. bill: if jeff sessions is the attorney general, this is someone you know very well you go back 20 years of the at one point you campaigned for him in the state of alabama. to pick up on the point you were making, you believe one of the great tragedies of the past eight years, disrespect i have heard the word you used of rule of law. how does jeff sessions put that legal track back into a direction that you think is more appropriate for country? >> well he does it by enforcing the law equitiably and equally, for all citizens and he doesn't pick and choose between categories of law with which the administration might not be pleased. we accept the law as enacted by the congress, signed by previous presidents and if the law is to be changed it ought to be

changed by the congress in conjunction with the signature of a president or a veto override of the president. president obama in changing obamacare unilaterally on his own, suspending enforcement of drug laws and suspending enforcement of immigration laws as well as his wholesale pardons of thousands of individuals, maybe a thousand, i don't know, individuals, leading to individual cases all of these things indicate his suspension of the law based on his preferences. that is not, i believe, what jeff sessions stands for. i have known him for over 20 years. he is a person, it is his very dna, to support the rule of law and to do it equally for all citizens. bill: do you think he faces a lot of headwinds in the approval process, or does he go through? >> well i think he goes through. i think they have tried to ambush him with all kinds of

charges that were dredged from 20, 30 years ago. they were false then. they're false now. and the fact that they're doing that signals to me that they don't really have sub assistanttive things that -- substantive things that would impair his confirmation. he is a an outstanding public servant. i known him 20 years. i trust him completely and he will restore the rule of law. bill: thank you. i know we had a lot to go through and perhaps next time we more. took a few hits on the satellite but we got to hear everything from you. thank you, sir, for your time again. here is heather. heather: we'll hear more on both these topics when we talk with former presidential candidate and south carolina senator lindsey gram. bill: suspect in the ambush killing of a texas police officer shot and killed in midday during the line of duty. as a community remembers the a man who gave his life protecting and serving.

>> the people by far are the vast majority. their voices are not as loud as some. people that want to attack law enforcement or attack police officers.

bill: suspect in custody in the murder of a san antonio police officer. 31-year-old otis tyrone mccane charged with capital murder. benjamin marconi was writing a traffic ticket when he was killed outside in a squad car outside of police headquarters. a sergeant was shot twice in the face in st. louis while he sat in his squad police car. community members are united for the support of the nation's police officers. >> we want peace in our community and our neighborhood. >> it sends a very big i while.

i talked to a lot of spouses of police officers who say that could have been my husband or significant others. bill: officers in sanibel, florida, and gladstone, missouri, also shot sunday during traffic stops. heather: russia is deploying short-range ballistic missiles in an attempt to threaten europe. the move said to be retaliation against nato expansion. u.s. state department spokesman john kirby responding to the move, quote, we call on russia to refrain from words and deeds that are inconsistent with the goal of promoting security and stability. ambassador john bolton, former u.s. ambassador to the u.n., senior fellow at american enterprise institute and fox news contributor joins to us talk a little bit more about these moves. thank you for joining us. >> glad to be with you. heather: very busy day. so the warnings coming from vladmir putin, the actions that he claims he is taking, the real concern though or the question is the timing of all of this, correct?

>> i think it's been evident for a long time in the two months between where we are and the inauguration day on january the 20th, that vladmir putin and other leaders around the world would seek to take advantage of the outgoing obama administration. look, they have marked this man for almost eight years. they think he is a weak leader f they have an agenda they want to advance against the united states this would be the time to do it. maybe get short-range or medium range missiles in violation of the imf treaty. enclave where they are, without a response from the united states would be a big step forward for russia. honestly the kind of statement you heard from the state department, strong letter to follow, isn't going to stop putin at all. heather: the area that we're talking about specifically with this move is this enclave between poland and lithuania which are both nato nations. and we know that the president-elect trump has come out and he is not in favor of nato.

>> well, but he is in favor of nato. he just issued a joint statement with the secretary general of nato about its continuing utility. and this is a good example of it. the enclave is the geographical anomaly to be sure but it has always been largely a military facility in recent years and putin is taking advantage of it. so the question is, how do we react to this? which is obviously intended to try to push back at nato and split the alliance. i think there may well be more coming from the kremlin. heather: he has been critical of nato. what should the president-elect's response be to all of this? it is also following word that possibly secretary of state could be mitt romney. mitt romney has of course been very critical of moscow? >> well i think that it's very important for the president-elect to demonstrate a very resolute line here against the steps that putin has taken,

using military force in ukraine, to change boundaries on the continent of europe. that is exactly what we said in 1945 that we would never let happen again. i think if you look particularly at the vulnerability of estonia, latvia, and lithuania, remember the united states never acknowledged forceful incorporation of these countries into the soviet union over 80 years ago and i think this is potentially what worries me, this is laying the groundwork for putin to try to destablize these three baltic countries as he has done in ukraine. it would help if obama would speak up. i'm not holding my breath. heather: will be interesting to see how the president-elect responds as well. thank you for joining us today with your insight. >> glad to be with you. bill: 2past now. another fox news alert on deadly school bus crash in tennessee, six people dead including five children. how did this happen? president-elect donald trump

saying tpp will be doa on day one but what is exactly the trans-pacific partnership? if you scrap it, does that create more american jobs? we'll look at that next. >> my agenda will be based on a simple core principle, putting america first. whether it is producing steel, building cars, or curing disease, i want the next generation of production and innovation to happen right here your insurance company

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reporter: bill, chattanooga police obtained a warrant to obtain videos from cameras installed on school bus. hopefully the video will provide clues what caused crash. they say no other vehicleses were involved in the accident, but crash investigators believe speed was a factor when the school bus left the roadway and struck a tree. police confirmed five students died, two dozen taken to the hospital. six of the kids remain in intensive care. >> there is still some unanswered questions at this time but our priority remains with our students. we're doing everything that we can to help these students during this time. reporter: administrators say students are under no obligation to go to school today, however woodmore elementary is open to serve the students and greater community and they're providing counselors for those that need them. in addition to the vehicular homicide charges, school bus

driver johnthony walker faces charges of the reckless driving. ntsb sent a go team to the area to investigate the crash. >> we're looking at whether enforcement is warranted. we're looking at what caused the accident in order to try to prevent it. reporter: ntsb investigators expect to remain on the scene in chattanooga for seven to 10 days however their detailed investigation into the cause of the crash could take as long as a year. bill? bill: tough stuff. jonathan serrie, from atlanta on that, thank you, sir. ♪ >> on trade i am going to issue a notification of intent to withdraw from the trans-pacific partnership, a potential disaster for our country. instead, we will negotiate fair bilateral trade deals that bring jobs and industry back on to american shores. on energy, i will cancel job-killing restrictions on the

production of american energy. heather: dropping out of the tpp, what exactly is the trans-pacific partnership and how will this impact jobs? maria bartiromo is host of mornings with maria on fox business as well as "sunday morning futures" here on the fox news channel. she joins us here to talk a little bit more around explain it to us. thanks nor joining us. >> good to see you. heather: potential disaster is what the president-elect said it would be. >> right, that is what he is saying because he is focused on jobs in america and business in america. look the tpp is basically in a nutshell a deal which involves 12 countries that will trade goods and services with little or no tariffs. so taxes on goods coming into the country and goods going out. sort of like creating a free trade bloc the way that the european union has it where we can trade back and forth with these 12 with these 11 countries and not face any taxes or tariffs on that.

the problem is, is that this deal was done obviously with president obama and these other 11 countries and critics say this will impact jobs and goods from american companies. and that is what donald trump is trying to get in front of. he is saying look, this deal will not be advantageous for our goods because there are certain goods should be seeing a tariff. we don't necessarily want japanese cars come feeting with gm and ford at lower prices. we don't necessarily want singapore agriculture competing with our farms here in america. this is the case he is making. >> they just signed this agreement back in february of 2016. so it really hasn't been implemented correct, that correct? >> that is absolutely correct. it has not been implemented. initially hillary clinton was for this trade deal and she basically came out later, no,

no, i'm also against it because of it es impact on jobs. heather: yeah. >> that is his biggest issue, he keeps saying over and over again he wants america first and he doesn't think this trade deal puts america first. that's why. heather: what he wants to do is replace it with one-on-one deals with the countries. how would that be better? >> you see what is going on in the uk with the european union of the uk voted to leave the european union. now the uk had to redo its trade deals. it had all these deals in place with the european countries. the first country i want to deal with is america. uk-u.s. that is what the u.s. will have to do as well. look, i'm not sure if bilateral deals, u.s. and japan, the u.s. and singapore, is going to be that much better than doing this overall deal but probably will be somewhat better because donald trump will probably trying to get best terms possible for americans companies. heather: he is businessman. that is what people are counting on. >> even the unions are defense

the tpp deal. this is going to create cheap labor coming into america and it is going to replace american workers who are paid certain amounts that the unions have negotiated those deals. so it all has to do with putting america first. heather: job. >> and ensuring that jobs and good and services are productive in america. heather: one of the first responses to come from one of foreign country was the prime minister of japan. >> that's right. heather: he said it is worthless without america participating in it, the tpp. >> that is absolutely right because america is the most important market arguably. because we're the highest wealth effect. yes you have 300 million people in america versus 1.3 billion in china. not all of those consumers are actually active consumers. you have active 300 million consumers in america. everybody wants to sell with america. if america steps out of this deal that will probably collapse the deal. maybe you see some countries doing deals amongst themselves the other 11 countries but you will not see the kind of

business you would have seen. heather: this news impacting the dow, is up over what, 19,000 at this point? people seem to be reacting postively to this probable trump administration and moves economically. >> people are reacting to his overall economic plan. we've been talking about this throughout the election and on election night and beyond. because what he is putting forth is an economic growth plan. the fact he wants to roll back regulations and lower taxes for corporations that will immediately hit the bottom line. that is why companies stock prices have been rallying. at end of the day, what drives stock market? corporate earnings. if earnings are better off because they are not paying extra fees as a result of regulation or highest taxes in the industrialized world, that is going to help the earnings. that will help their stock prices. i'm not surprised that the market continues this major run. at some point we'll see a reversal. nothing goes up in a straight line but this economic plan is a growth plan. when the market finally realized

on election night it would be republican sweep, that the republicans would control the house and senate, then, that growth plan became even more tangible because it is a plan that is actually going to move the needle on economic growth but also a plan that is going to get through. we will see tax reform in 2017. that is a big positive. heather: what about businesses coming back to america? we had latest announcement with ford not moving planned production at the plant in kentucky and keeping it here. >> that's exactly right. heather: there are rumors apple is considering coming back. >> companies are now basically the ifing in line frankly saying look, donald trump is going to make it less expensive for us. for a long time, companies had to pay, they still do today, they pay money overseas they pay taxes on money and the business there and they bring back money to u.s. they pay taxes on that money. they claimed they are getting double taxed. donald trump is giving incentive so the companies bring that

money back and they don't have to pay the heavy tax. there are expectations that companies will get in line, start manufacturing in america and thus create more jobs in america. heather: all about the american worker. >> that is what it is about. thankthank you. bill: while you were talking, i watched the big board. we ticked over 19,000. came back a little bit. so we're going to see, could we close above it before thanksgiving break? entirely possible. >> it could be, bottom line bill, it's a round number. gets people excited when you see 19,000 you're passing another landmark. bill: have you seen it before? >> no, nobody has ever seen it. no one has ever seen it, this is all-time high we're at right now. you but frankly 18,900 doesn't mean much more than 19,000 does. it is a round number. because we haven't seen it before and it is exciting. right now investor are reacting to this phenomenal plan, this economic growth plan that seems to be resonating with investors. it will create growth for america. bill: good timing, maria.

in a moment here stunning new details on the depths of isis in iraq and syria. chemical weapons used on civilians forced to live under their rule. called a modern day george patton, retired general, "mad dog" mattis. while picking a military man to head the pentagon breaks with six decades of tradition and why that matters. >> all i can say is, he is the real deal. he is the real deal. thank you, general. >> will he have a place in your administration? >> we're going to see. >> what is the -- [inaudible]. >> just a brilliant, wonderful man. what a career.

heather: welcome back. alarm look at isis and use of chemical weapons. new analysis by ihs market finding that the terror group used them at least 52 times. that is just since 2014.

and there is also a high-risk that chemical weapons will be used as isis tries to turn away iraqi forces in mosul. that chlorine and mustard agents are the most likely chemicals to be used in mosul. ♪ >> when you have gone through the horrors of war like most senior military people have normally we want our policymakers to exhaust all the options short of war before the decision is made to go to war. that is where jim mattis is coming from. bill: that is our next guest there, talking about marine corps general james mattis, leading candidate for secretary of defense. mr. trump calling him a quote, general's general. so how then would a former general at the helm of the pentagon change things? general jack keane, retired four-star general, institute of study of war and fox news military analyst. sir, thank you for coming back today. i want to make it clear to our audience you were offered this

position and you, what is the right word, is it declined? >> i with drew from consideration is probably the right way to discuss it. you know, i mean the facts of the matter is, you know, i was honored to to have this discussion and not able to serve at this time. that is the reality of it even though you want to. bill: fully respect your decision there. now you have james mattis who you have known for a very long time. this would be a break in tradition to have military man head up the department of defense. is there a advantage or disadvantage? why have we gone the civilian route for so long? >> we started with the secretary of war back when the nation was formed. we kept that position with a few military leaders at times occupying that position. all the way to 191947 and we

disestablished the department of war and established the department of defense and then the secretary of the defense. and since 194, to the print, only one military person held the position of secretary of defense and that was the preeminent general george marshall who was also secretary of state, quite a remarkable career. the reason is, we strongly believe in this great democracy of ours, the first and longest democracy in the nation that civilians should control the military and i don't know a military person who doesn't believe that in his soul that that is what should be done and that is part of the strength of this democracy. all that said, there are exceptions and here is one where a president-elect is at least considering putting in a military leader as the secretary of defense.

will there being military control of the if he is secretary of defense? he is a military person? you will not separate jim mattis of 40 years being a united states marine and four-star general, but the military control largely resides and properly so in the commander-in-chief and that will be the president of the united states and he is there and he provides directions to the military to execute that the military can never execute anything in terms of troop deployments without the president of the united states authorizing that. bill: understand that entirely. does mattis get the job or not, yes or no? >> he is highly qualified for the job. i don't know if he has been offered it or what yet but i know this -- bill: go ahead. >> i know this. here is what we're talking about here. we got a, absolutely terrific choice, experienced wartime commander. a thoughtful, studious person

whose reputation for directness and straight talking is a pattern throughout his entire career and finally, he is got on his fingertips knowledge about all the global security challenges that the united states is facing and the major policy failures that we've had through these last eight years, that have helped create some of the instability and lack of security we have in the world. bill: it is an interesting thing how the president-elect has met with all the generals who have been at odds with the current commander-in-chief. quick quote, mattis, no war is over until the enemy says it is over. we may think it over, we may declare it over in fact the enemy gets a vote. you can say that about all wars in history. that definition fits the current war on terror to the word. general, thank you for your time. i'm out of time. jack keane in washington. >> good to talk to you, bill. heather: sanctuary city leaders are pushing back saying that

they will defy the white house. will the new attorney general prosecute? we'll talk about after this break. [ clock ticking ]

time. you only have so much. that's why we wanna make sure you won't have to wait on hold. and you won't have to guess when we'll turn up. because after all... we should fit into your life. [ laughing ] not the other way around. [ clock ticking ]

♪ heather: well, rapper kanye west hospitalized apparently after abruptly canceling the rest of his world tour. the singer was reportedly taken to a los angeles hospital due to stress and exhaustion. now the incident follows days of what has been described as erratic behavior. on friday you may remember he ignite ad twitter storm saying president-elect donald trump's communication style was quote, very futuristic and then on saturday he ended his concert

after four songs but not before a 10 minute tirade on beyonce, jay-z and hillary clinton. bill: tour's over. heather: yeah, all over, that is what he said. he is exhausted. bill: i hope he is okay. heather: kind of like lindsey lohan was. she checked herself in. she was exhausted. bill: you know all this. fantastic. this is from overseas. officials in japan warning earthquake could hit next few days after magnitude 7.4 quake hit near the infamous fukushima power plant trigger ad tsunami warning that was later canceled. war seen heading up rivers which can fuel tsunamis with more height. the japan meteorological agency says today's quake is actually an a aftershock from the devastating magnitude nine quake from 2011? heather: that is amazing. aftershock this long. bill: wow, five years ago. tsunami destroyed the power plant and trigger waves high as 40 feet high.

killed more than 20,000 people. a lot of anxiety when that crossed last night, so. heather: who knew you could have aftershocks five years later. bill: that long. you're exactly right. let's get to fox news alert here. we're awaiting more decisions from president-elect donald trump. watching lobby at trump tower. breaking glues on hillary clinton at this hour. we'll let you know what incoming administration will do or not do possibly about investigation into hillary clinton and we'll talk to republican lindsey graham about that and a lot more as we go rolling on right after this break. >> if i win, i am going to instruct my attorney general to get a special prosecutor to look into your situation, because there has never been so many lies, so much deception. see me. see me. don't stare at me. see me. see me. i'm not contagious. see me to know that... ...i won't stop

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bill: a fox news alert. is this a potential bombshell

coming from an aide to president-elect trump. will trump pursue charges against his former opponent hillary clinton. a moment ago we saw rudy giuliani walking inside there. welcome to "america's newsroom." heather: the trump campaign manager kellyanne conway saying the president-elect's decision not to pursue clinton's case. bill: now we parse the language with republican senator lyndsey graham. thank you for your time today. we were on with john ashe crafts and we asked about this, and he said i would be a little cautious that this did not cover

all the clinton matters. the department of justice has the authority to pursue whatever charges it choose. what do you think about this now? >> so much for lock her up, i guess. the bottom line is i think the clinton foundation, the whole mess needs to be looked at with an independent view, not a political agenda. i never believed this justice department under obama would seriously look at what she may have done. i can understand want to go put the election behind us and heal the nation. i believe all the things donald trump said about how crooked she was, that we don't let it go without some serious efforts to see if the slaw was violated. that would be a mistake. >> it's pretty well known there

are a number of other investigations regarding the clinton foundation if they found there was some sort of prosecution or legal action that was merited there. i don't think wham has been said today would foreclose -- i don't think what has been said today would preclude an investigation on those actions. >> we are investigating the idea that an aide to former president clinton monetized the clinton foundation in disregard. he reached out to foreign entities and said if you give to the foundation you will have access to the secretary of state. that's not right. politics is politics. people help you financially, you try to help them within the boundries of the law. did they man tights the clinton town -- did they monetize the

clinton foundation and turn it into something it wasn't before. bill: what do you think of the cab knel -- ofthe cabinet selec? >> i have known jeff for some years. i will have questions for him in the judiciary committee. these attacks on his character that he's a closet rapist and what he might have said 3 yearss ago is garbage. i'll be glad to challenge jeff when we disagree, but support him in terms of him being a good, decent man. to my democratic colleagues. watch what you do here. bill: how so. >> i have seen conservatives from the south, this equation of

being a conservative means you are a racist. i'm not going to put up with that. i come from south carolina. we have had our challenges in the past, we still have our challenges. but i'm not going to sit idly by and watch that. bill: is that a suggestion how the democrats are handling this nomination? >> i have a lot of concern about what elizabeth warren said. i have never seen her be an overly constructive member of the senate. but if you declare a war on jeff sessions. i don't know pompeo very well.

he's a smart man with an academic background. but the next cia director better have their a-game because we are under a lot of threats. bill: generally speaking what do you think about talk to somebody from the left. >> it's nice to cross the aisle. but her statement about what she would do in syria. i'm opposed to the idea that we should leave assad in power because you are giving syria to the iranians. the arabs are not going to accept a solution in syria that leaves assad in power who is a puppet of the iranians. her approach to syria i'm diametrically opposed.

i think it's the worst decision. bill: you mean gabbard. >> yes. bill: if you look at the list of things donald trump wants to do on day one. it's exhaustive. some of it he can do on his own. and some of it will need congressional approval. from your perch where you are today, what is the rate of speed this next congress will be asked to work at starting january 21. by the way, that's a saturday. this past weekend was a working weekend as mr. trump likes to say. >> i'm excited about working with president trump to do big things quickly. i don't mind work opening saturday. i grew up with my dad in a bar, and we had sunday off.

repealing the executive orders that impede our ability to produce energy at home is a great start. the rule obama placed that all employees making overtime over 30 hours. so let's hit the ground running. bill: wear your gym shoes. >> i need to lose some weight anyway. bill: happy thanksgiving to you. thank you for your time. heather: a meeting between the president-elect and the "new york times" is on again. mr. trump tweeted this i canceled the meeting with the "new york times" when the terms and conditions were changed at the last moment.

not nice. in trump said that he wanted the mole meeting of off the record. but in the meantime, the department of homeland security warning local police departments after an isis magazine called on followers to carry out mass casualty attacks at well-known holiday events. an american yemeni man was arrested for plotting to attack times square with a garbage truck. reporter: this homeland security intelligence note was sent out last week after the isis propaganda magazine came out. after the july attack in nice, france, where an isis-inspired

terrorist drove a rental truck through the crowd, the terror group called on its followers to really mimic the same game plan. fox news was told isis is learning from these episodes. >> one man killing scores of people. isis drew the necessary conclusion. if no investment you can get a lot of the return for your terrorist buck, if you will. reporter: the isis propaganda magazine does not mention a specific target bit does have images of the macy's thanksgiving day parade. heather: is there a tie to the new york arrest? >> we learned late yesterday his

american's family come from themmen. -- from yemen. it's alleged he told inform yarnlts work for the government that he was supporting isis. what's most alarming is it appears to be more than just isis-inspired terrorism. the doirmts read in part, this is naji speak. if there is a truck in times square and crushes them, it's times square day. they want an operation in times square. it will be simply more than isis-inspired which we have seen pretty consistently in the united states. bill: a major explosion rock an american city forcing people to

run from their homes. heather: president-elect trump pledging to rebuild america with struck spending. but wheris that money coming from? wouldn't a deal on car insurance involve two parties discussing something? why not give you some say? or let your driving do the talking. liberty mutual righttrack® finally puts you in control. with savings of up to 30%, with an initial discount just for signing up. take control of your rates.

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liberty stands with you™. and i finally found our big idaho potato truck. it's been touring the country telling folks about our heart healthy idaho potatoes, america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. heather: police are trying to figure out if an explosion in philadelphia was an accident or something else.

police say a 62-year-old man was trying to open a package continuing an inhaler when it blew up. >> they are going to look at every single piece of of debris to determine exactly what exploded. heather: the man was taken to the hospital with injuries to his head and chest. the bomb squad has cleared all other packages delivered to that area. >> there is a lot of ways to get to that trillion dollars. from our experience in the state of indiana utilizing public and private partnerships and bonding authority and enlisting private capital, there are ways you can do this that will be fiscally responsible and also give us the resources we need the rebuild america.

bill: that's vice president-elect mike pence talking about how the trump administration will pay to rebuild america's roads, bridges and airports. can you do this with private money? >> you can have public-private partnerships. sure. people want to make sure the money they are paying in gas taxes and the like are going to transportation programs. in some states they are not. they are going to everything but. that's why people are saying we are not paying any more in gas taxes. so the first thing you need to do is prioritize. then you need to look at the programs that haven't been started. some of them are 5, 10, 15 years. you claw back that money and reallocate it to specific

prioritized prongs. if we are going to repatriate any money. but to think you are going to have congress give you a trillion dollars which is our money, it's not going to happen. bill: not this congress. especially on the house side. if you go to trump's website during the campaign. he talked about $137 billion what you could use for federal tax credits and get private investors to jump on those. >> you are going to have to prioritize. this is over the term of a presidency. you get it started. flint, michigan, i think that water system is one of the top priorities. i would argue, let's start there. let's save lives and fix an infrastructure problem that can be beneficial to that city and

the entire state. bill: he clearly thinks private business can do the job better than government. >> i think it's a combination approach. i think there are opportunities for both to do it individually and collectively as well. i don't think they are mutually exclusive. bill: on the regulations. for every one you build, you take two away. >> there is a lack of tax and regulatory certainty with businesses. they don't want a 3 to 6 to 9 month plan. they want a 3 to 6 to 9 year plan. you know what the epa and other organizations are doing. they are adding more and more red tape which is a wet blanket on businesses. you need to look at every regulation and fix it. bill: you met with the

president-elect yesterday to talk about the va. that's a job you say you can done you will do it well. i assume you want to. will you get it? >> i'm not sure if i will get it. i know who the competition is and i believe i can do it better because i have the military and political experience. and the media experience. the ability to speak in front of a camera and be the face of the va and be the voice of congress and get everybody involved in the plan and the solutions. so we'll see. it's up to the president-elect to make those decisions. i was thankful to be considered. and other people being considered are wonderfully qualified as well. bill: when you are inside a meeting with donald trump, how

long did you meet? i assume he lead the conversation. but take our viewers inside that room for a moment. >> i'm not sure what it's like with other people. but i always had a very frank and open relationship with him. i tell him exactly what i feel. i don't hold back. i think that's why he likes me. i'm not trying to make him feel good. i'll tell him my thoughts on what works. he asked me about different potential appointedees. i give -- appointees. i know he appreciates it. i was encouraged when i walked in he looked rested. the guy doesn't sleep and he looked rests. he was calm and -- he looked rested. everyone was work and everyone was going. and we had an open and free flow

about the va but many, many other things. bill: thank you for your time. >> happy thanksgiving to you and everybody else. bill: much appreciated. thank you. heather: more leaders of so-called sanctuary cities saying they won't honor federal immigration laws. what will the new attorney general have to say about that? first here is mike pence. >> it's part of an overall agenda about reviving our economy, rebuilding our military, reaffirming the constitution and the rule of law and ending illegal immigration. roller derby. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income...

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bill: a federal judge to provide

clean beds and sleeping mats for illegals detained for more than a few hours. ed border patrol claims it will be impossible to enforce without releasing hundreds of people each day. heather: the city of l.a. pledging to keep los angeles' sanctuary city status. will the new administration have the ability to punish them for it? guy benson joins us. what is the cleanest way to deal with saik wary cities? >> each jurisdiction can do what

they want to do on a lot of different fronts under the federalist system. but the federal government does have a way of turning the screws by threatening to with hold federal funds. if you are not going to play ball on immigration you will see your sources of revenue dry up. heather: reince priebus said they tried to do that before and it hasn't worked. >> we'll see if the new attorney general and donald trump will make this an emphasis point. there has been a lot of talk about it. whether this comes from the top, i think is a question that remains to be seen. if it is that will touch off a fight but it will indicate it won't be just one court ruling and be over. they might take this several steps down the road.

there is a possibility. i'm not a legal expert. i don't play one on television. but my understanding is a couple months ago the non-partisan inspector general from the obama justice department said some of the sanctuary cities who decide to ignore requests and rulings from i.c.e. and the federal border enforcement agency, that is a violation of federal law. i would be surprise if they come right out of the gate saying they are going to prosecute these cities. and donald trump campaigned as the law and order candidate. i think in terms of putting the most pressure on these leaders in these cities involves dollars, federal dollars. that's why i think we'll see that being the first step. heather: the visa abuses. >> i think the media has fallen into this trap over and over

again. i read commentary, oh, my gosh, donald trump visas -- he simply said in the video he didn't expand into any detail. he said i want to look into visa abuses and how we can deal with that issue. that's not a proclamation or proposal. that's examining and studying the problem. we have seen these programs have been abused. heather: like the people on these visas coming over here and work. >> i want to with hold judgment until there is a plan he puts out and everyone rinds to everything and freaks out. >> he wants to put americans back to work. guy, thank you so much for joining us. bill: a common theme on the campaign trail, do you remember this?

>> we'll be reopening the investigation into crooked hillary clinton. crooked hillary. she is crooked. bill: now there are questions about where that goes. mr. trump is facing questions about how he handles his own business interests after taking office. how do you build an administration in a couple weeks' time. this is lightning speed. karl rove on that next. >> the world is not going to change just because we show up and say please. if that was going to work secretary kerry would have.

>> our transition team is working smoothly, efficiency and effectively. many talented men and women are bring brought in and will soon

be part of our government, helping to make america great again. bill: president-elect trump lays out his priorities for the beginning part of his time in office. mr. trump posted that video online explain weighing wants to do in the first 100 days, and it is ambitious. karl rove, former chief of staff to george h.w. bush. getting ready for the big turkey day i'm sure. but first we have matters to discuss. in 2000 when gore conceded to president bush it was september 12. so your situation is not apples to apples. but given that, it's lightning speed where you have to meet with people and make decisions and push your agenda forward. what is the biggest challenge you see so far? >> he's doing well.

he's off to a fast start. he named his attorney general and his white house chief of staff and co-chiefs of staff within and matter of days far ahead of the schedule of president clinton, presidential bush, president obama. he obviously is involved in a robust set of meetings. all presidents are. these are more high profile than previous presidents. he's off to a robust start. i thought the video was interesting from this perspective. he was talking about the things he was going to be able to do the first day with executive orders. withdraw from the trans-pacific partnership. order a review of visa fraud and abuse and immigration. order the military to develop a cyber protection plan for infrastructure. for every regulation put in place, withdraw two. get rid of a bunch of

regulations on the energy industry. and a 5-year ban on government workers slobbin -- lobbying the government after they leave office. bill: it's ambitious. what else the practical? can he do that? >> sure. he will probably withdraw some of the executive orders that president obama prom you will gate on immigration, on life and a whole bunch of issues. there will be rescissions of those on day one. why do people want him there? they want change. what do they want change most of all on. the economy. in the midst of the flurry of activity on immigration and visa fraud and cyber attacks and trade, he on the to keep focused on the fact that people are

going to judge him very quickly on whether they feel the economy is going and growing and the jobs are coming here and being created and people's paychecks are getting bigger. the stock market helps. we got a trump bump. but the headlines are nice, but it's something in your paycheck or being able to get a better job that will make a difference. four months, six months. nine months. they want to get rid of their affordable care act. they want to do stuff on immigration. if people thought the economy was excellent or good. they voted overwhelmingly for hoik. if they thought it was not so good, they voted overwhelmingly for trump. bill: hillary clinton said

perhaps president-elect trump will not pursue a criminal case against hillary clinton. john ashe crofjohn ashecroft sas soon as. >> if they think there is action that ought to be taken. jeff sessions ought to isolate the president and the administration as much as possible by turning the matter over to a special counsel and leaving it in their hands. the president of the united states should not be making decisions about who should and should not be held to account in the rule of law. he needs to stay as far away as possible. bill: there are a lot of stories being written about how trump divests of his own company.

>> this will be thorny for him. part of the argument he made about crooked hillary ways bill clinton was being paid money by foreign companies, pen receiving lavish birthday gifts. the constitution says the president cannot receive gifts from foreign countries. it's a blind trust. it has to be liquid assets and independent directors. if he takes his empire building and turns it over to his kids, that might not make the test and he could be embroiled for years in con bill: i'll see -- we shall she how it's managed. a lot to talk about there. happy thanksgiving to you.

heather: the united states issuing a travel warning for americans heading to europe this holiday season. the state department is telling them to be extra vigilant in public amidst a series of attacks from isis. kitty, what does the travel warning say? >> this is a new travel warning from the state department alleging american travel for war it calls the height of risk during the holiday season. markets are setting up around europe. like this market in extrasburg is where four people were arrested in connection with an alleged terror plot. the christmas market wasn't the target, but travelers are being urged to be careful in a large crowd.

there is credible information that isis is planning attacks in europe. they could be focusing on the upcoming holiday season. france remains in a state of emergency with 400 arrests there. in this advisory european authorities are trying to disrupt. there have been many arrests in germany and other european countries. but of course holiday celebrations will be going ahead across europe. bill: a man arrested in connection to a terror plot in new york city ashills gear up for travel over the holiday weekend. how are new york's finest preparing?

heather: after hitting hillary clinton hard for alleged conflicts of interest, president-elect trump is facing criticism over his own business dealings. >> the idea what you would normally do is you sell everything because you can't have a blind trust that's so visible. you have to sell everything. but that would impact the value. it would be a fire sale. you would never do that.

bill: the nfl investigating after someone points a laser pointer at brock osweiler. the beam reflects off his helmet. osweiler said that laser may

have affected the way he was playing. heather: it was right in his eyes. it was the laser, folks. but that did happen last night in mexico city. not cool. if you can find the person up there in the crowd. that was the big issue. the raiders won monday night. heather: president-elect trump spent his campaign slamming hillary clinton forewith accusations of conflict of interest. now mr. trump is facing growing criticism for his own business empire. >> we never had a president with holdings so widespread around the world. as as he himself has said in many depositions he has done over the years. the value of his company fluctuates according to perception. and the main element of the values of a lot of his

properties has to do with his name. heather: joe trippi and, thank you for joining us. when we talk about donald trump's business interests, we are talking about a lot. 111 who have done business in 18 different countries and territories in south africa, asia, the middle east. how in the world should he handle this as he enters the white house? >> i agree with charles. i don't know how he will be able to handle it. even if he liquidated his empire. let's say he did that. if a foreign company got one of the properties right now and paid top dollar for it, is it because they want to own the property or because they want to

curry favor? i'm not casting aspersions. i don't see how at this point it's inevitable he has a conflict issues and problems. he clearly depend on his children in a lot of these decisions. we all watched that. i think he has got to decide, are they in the business side of things or government side of things? that exacerbates the problem. heather: he said he will hand over control to his children. but then the question becomes is that a blind trust? will that work? >> that's why there was controversy when you had ivanka in the meeting with leaders from japan. right now the trump team, they were caught off guard that he wouldn't election. while the clinton folks had been popping the champagne and there were discussions about what

happens to the foundation if hillary clinton becomes president, those discussions were not as far down the road on the trump side because of the surprising nature of his election. he has two months to try to figure out how to make this work. there are certain things donald trump will do that will defy norms. he will tweet while's in office. he may continue to live for part of the time at trump tower. there is talk, people saying he will be impeached for this. it's a little premature. martha: people elected him as an outsider. this is territory we haven't gone down before, especially when you talk these these number of businesses. also his name itself which he uses as a brand. >> i think this will end up being more of a political problem than a legal problem. sow though there are legal and

constitutional issues. the reality the republicans control both the senate and the house. it's unlikely to see them holding hearings to investigate some problem that trump may have or could be applicant that may develop. so i think it's more likely to be political issue. the more it gets out of hand. it's very important that he does have the two months to figure out some way to separate business from the presidency. a key part of that is put his family on one side or the other. if we all watch this -- heather: we had a lot going on today. but we'll see what he does. kellyanne conway says they will handle it and it will be legal. thank you both for joining us. bill: onscouts up next. good morning. jon: house minority leader nancy pelosi facing a battle to save

her seat. her challenger says democrats are playing with fire. bill: five children killed when their school bus wraps around a tree. the dow reaching 19,000 for the first time ever. what's behind that surge? all ahead on "happening now." bill: a pretty stunning number. new york city police working overtime. tourists invading manhattan for the thanksgiving holiday. how to keep everyone safe. vo of manhattan. why not give you some say? or let your driving do the talking. liberty mutual righttrack® finally puts you in control. with savings of up to 30%, with an initial discount just for signing up. take control of your rates. visit a local office or call liberty mutual today at

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>> they are and will be working overtime in new york city to make sure everything stays safe over the thanksgiving holiday.

this amid concerns about the potential for a mass casualty terror attack. there has been an arrest. rick leventhal is running that down and more. nypd is on alert. >> it has to be with the millions of tourists making the pilgrimage to manhattan. the nypd said it has never been more prepared. the he let anti-terror squad was just forming a year ago, now they are fully trained with tactical gear and explosives sniffing dogs. a yemen citizen was arrested yesterday for plotting to use a truck against people in times square.

in nice, france, a truck mowed down hundreds in the crowd. >> this is not something new to us in new york city. we create a safe perimeter around events all the time. and we are going to use additional sand trucks. those trucks don't move. so if somebody hits them, they will not move. bill: what about the subways? reporter: new york city has close to 6 million riders every day on the subways. while police patrol the cars and the station, crimes do occur as simple as pick pockets or as dangerous as getting pushes on to the tracks as the train approaches.

>> we ask people to be aware, be alert. when trains are pulling in and out of the station, that's not a good time to be on your phone. reporter: keep your he on a swivel and stay alert. heather: the boss heading to the white house. why bruce springsteen was summoned by the president himself.

[♪]

bill: president obama awarding the presidential medal of freedom to bruce springsteen, diana ross, robert de niro and michael jordan. it's the highest civilian honor. of all the days to be at the white house, that's a cool day to be at the white house.

heather: michael jordan is an alum of chapel hill. you know who else? vin scully. bill: we gotta run. i hope you get a drumstick. happy turkey day. jon: president-elect trump rolling out plabs for what he and his administration want to get done. those remarks released in a video posted by a team on youtube. good morning, welcome to happening now. melissa: i'm melissa francis in today for jenna lee. potential cabinet members stream in and out of trump tower. most items on the president-elect's to-do list