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 hours at the white house going

over that memo which left the trump team scratching their heads when the agency put out the following statement. we have grave concerns about material omissions of fact that fundamentally impact the memo's accuracy. >> bill: it happens as president trump gets ready to take off for a republican retreat. peter doocy is at the retreat. let's beginning with kevin corke live from the white house. what gives on this memo? >> listen, my friend, you and i have been talking about it so when will they release it? we don't know. a short answer. i can tell you this i've talked to white house sources already this morning and they say it will come out barring some dramatic change of heart by the president which my source added is highly unlikely. he said ain't gonna happen. the president could authorize the release an hour from now. we've heard 10:00, 4:00 p.m. or anywhere if between. we do know he remains committed to its release. as you also know not everyone

wants it out. adam schiff says material changes were made to the version sent to the white house. here is a statement by adam schiff. he says this is deeply troubling. it means with committee majority transmitted to the white house an altered version of its classified document that is materially different than the version on which the committee voted. he added this. the white house has been reviewing a document since monday night that the committee never approved for public release. congressman devin nunes says it's a lie, false. only minor ed its. here is what he said. now as sandra pointed out in a hot mic moment tuesday night at the capitol the president was asked will you release the memo? he said 100%.

and speaking of the president, he has been up on twitter this morning. tweeting the following. heading to beautiful west virginia and it is beautiful to be with the great members of the republican party. we'll be planning infrastructure and discussing immigration and daca. not easy when we have no support from the democrats. he adds in bold, not one dem voted for our tax cut bill. need more republicans in 2018. it is going to be an interesting day to say the least in the nation's capitol. the president will be speaking at 12:30 and we'll have live fox coverage. >> bill: kevin corke, thank you. >> sandra: as we mentioned the president will be speaking at the gop retreat in just a few hours. last night mike pence the vice president striking the same tone the president did in the state of the union address on tuesday evening. >> america is back. i'm not just talking about the progress here at home and the progress in jobs and the economy. i hear it around the world.

from leaders around the world. they see it. once again under president donald trump america is once again leading on the world stage. >> sandra: peter doocy is live from the retreat in white sulfur springs, west virginia. this morning. how close did lawmakers come to calling off this retreat because of the train crash yesterday? >> it sounds like some of them came pretty close, sandra. we were told last night once they all arrived that some of the shaken up republican lawmakers were considering heading back to their districts or to the district of columbia but ultimately decided that turning back toward washington or going home was not going to be the best way to deal with this deadly accident that they all experienced. >> we had family and other members that were already here. and we wanted to stay together as a family. >> so the show went on. the vip speaker last night was vice president mike pence.

he started not so subtly hinting at the party's mid-term strategy and heavy on hammering nancy pelosi. she describes the $1,000 that many families will get from the tax reform bill as crumbs. >> $1,000, back when our kids were little another $1,000 pockets at the end of the year. i had a term for that, christmas. there may be a little something extra for mrs. pence under the tree. >> there is more where that came from. the president is going to be here over lunch today. sandra. >> sandra: as we await that, peter, is there anything from the state of the union that republicans there are trying to expand on? >> yes. it sounds like an infrastructure package is starting to finally take shape. >> we do want to spend time on infrastructure. that's a priority of the president. we have a long list of

infrastructure needs in this country. if we could find a way to pay for it, i believe that the republicans and the democrats would love to be able to move forward and deliver a major infrastructure package for the country. >> some of the other panels that republican lawmakers in west virginia can attend today involve finding out what citizens think about the government and talking about ways to reform the government once they get back to d.c. >> sandra: thanks. >> bill: a lot to discuss now from washington to west virginia. here is chris stirewalt our politics editor. good morning to you. >> i went from west virginia to washington this is in reverse. >> bill: nice to see you. i know you like to chew over these numbers on the trump legislative agenda. back in december he was down 11 points. now he is up 14. that's got to be a lot to do

with the tax plan, chris? >> it is the tax plan. there was very good reason in november for people to doubt that the republicans could do anything. the serial failures on obamacare overshadowed judicial appointment confirmations and other things and it looked like a mess. trump figured out a way to let congress work and he could work with congress. they passed that tax cut and guess what? not just republicans like tax cuts. a lot of independents are happy to join that scrum and it starts to look like you can get things done. >> bill: another thing, i think this is fascinating now and in your newsletter from yesterday. generic ballot two months ago in december republicans were down 15 points. they've cut that number to two. today the first of february a lot of those tax cuts will kick in for millions of americans. watch that number. >> that number is reflective of how do americans want congress

run? democrats in charge or republicans in charge? that number had been out in our halftime report average in double digits. it had been huge democrats were looking at basically a wave, set it and forget it. they would win. they convinced themselves they could not lose. republicans passed a tax cut and that number tightens. it is now down to about 5 points. that means republicans have a shot to hold the house and it means if they dig in hard and don't commit a bunch of unforced errors they can get this done. nancy pelosi is still the democratic leader. that has to be worth 5 to 10 seats for republicans alone. >> bill: have interesting stuff. the f.b.i. battle continues. apparently there were five career f.b.i. officials at the white house yesterday and they said what we read and understand are urging the white house not to allow the release of this memo. what do you think happens? >> you know, the counter attack on the f.b.i. which is sort of the penalty phase for the

mueller investigation. it looks a lot like the payback for the mueller investigation. however it got started, the net effect now is that the house intelligence committee has lost its credibility to talk about serious issues. no longer are they -- no longer can we take them quite seriously especially given the seriousness of their task because of all of the partisan back and forth. because of all the bickering and all these things. all this stuff will come out eventually. this memo, the democratic memo and another memo. that committee has been plagued with leaks, a rotten run as it has dealt with all this mueller stuff. this is a fitting capstone for a bad year for that committee. >> bill: do you have a guess as to when we'll see it? if you think we'll see it at all? >> carnac says 4:00 p.m. >> bill: what did i tell sandra smith 10 minutes ago? thank you, chris, nice to see you.

>> sandra: we have a jam-packed show for you on this busy thursday morning. we are talking to former house speaker newt gingrich, corey lewandowski joins us and sarah sanders. february 1, welcome to a new month. >> bill: we'll see the president around 12:30 from west virginia. more on our top story in a moment. the growing battle over the secret surveillance memo and the implications it might have. >> sandra: a war of words between senator joe manchin and vice president mike pence as republicans defend on the mountain state. we'll talk to senator shelley moore capito and get her reaction. remember this comment from nancy pelosi? >> in terms of the bonus that corporate america received versus the crumbs that they are giving to workers to kind of put the schmooze on is so

pathetic. >> bill: now as february begins the crumbs start to roll out. many americans starting to see a bigger paycheck starting today. and president trump says the democrats like nancy pelosi are just flat out wrong. >> president trump: we have some companies that have announced 3,000 bonuses and some cases more. it is not crumbs. heart... or joints. 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. going somewhere? whoooo. here's some advice. tripadvisor now searches more... ...than 200 booking sites - to find the hotel you want and save you up to 30%. trust this bird's words. tripadvisor.

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>> 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. >> bill: house minority leader nancy pelosi not mincing word when addressing the state of the union address from tuesday night. she did attend the speech as you know. made her disapproval quite clear throughout the night. jessica tarlov and charlie hurt. fox news contributors. she is all in on this whether it comes to immigration, it is dangerous and instills fear. on the tax cuts it's armageddon. nothing but crumbs for the american people. do you see her winning this argument? >> no i don't. a big part of the problem for her is the exaggeration. she sounds like marie antoinette with her hands saying crumbs for the little people. $1,000 is not crumbs to most

people as mike pence said last night. some people call that christmas. but i think that there is a real problem here for her. i'll be interested to see if she remains as leader of the democratic party for this main reason. she has become so consumed with her disapproval and even i would say hatred of donald trump that she has kind of lost sight of any mission or any vision for what her party stands for. you can't win by -- without some sort of vision, without some sort of message. >> bill: sarah sanders talked about the level of hatred toward president trump. i don't know how it will work out. february 1, tax cuts are kicking in. does her rhetoric win? >> i'm concerned, i will give you that. i don't think it's particularly useful. crumbs aren't quite deplorable but not a useful comment as the gop tax reform bill is gaining

in popularity. it was one thing when it was well underwater last month but people have been starting to see the effects. the economy continues to improve and has been improving for a long time. you can't message an election on that. for the mid-terms the congressional is sinking the lead for democrats which is concerning for us. >> bill: you saw the numbers we shared. do you share charlie's concern he doesn't think nancy pelosi's leadership survives? >> there is one thing that she does really well and that's fundraise. and that's incredibly important for the apparatus. there are young democrats across the country speaking out against her. tim ryan challenged her. connor lamb said he wouldn't support your leadership. there will be a fissure between older and younger democrats on this issue. >> bill: the tweet from the

president. one of the few we have seen all week earlier today. march 5 is rapidly approaching and the democrats are doing nothing about daca. they resist, blame, complain, obstruct, do nothing. start pushing nancy pelosi and the dems to work out a daca fix now. daca may be march but a week from today, charlie. prosperity is short lived in washington, isn't it? you're right back into the budget battle a week from today when the deadline hits. >> it is a problem and when you kick the can down the road you will come back up on the can again very quickly. but i think the big difference here from previous years is you finally have a republican who is not afraid to play chicken with democrats. usually republicans almost always lose these face-offs but donald trump has managed to string together either some ties and a victory in the stand-off over the government shutdown. so it's a different dynamic now.

i wonder if republicans actually manage to win a couple of these or -- >> bill: they seem to be on a hot streak, jessica. i don't know if it continues or not. >> hotter than before. >> bill: do you think #45 can apply to pressure to get some doms to move on what he is talking about? >> there is space for that when you look at what is going on for 2018. we have 10 democrats in red states that need to get things done who like president trump a lot. as his numbers continue to increase. i don't know how far they'll go for the approval rating but people are taking more of a liking to him as there are more deliverables. what would really be a big success for the american people if we wouldn't continue to have the stopgap solutions. americans want a solution for the dreamers, over 80% that want that. we also have democrats on record talking up the fact they

are for increased border security. hillary clinton, joe biden, president obama, bill clinton. there are things we can give on, go back to the gang of eight bill. gang of six bill. there is a lot we can do without building that wall and not having to give up the high ground on the harsh rhetoric from donald trump and the republicans about immigrants. >> bill: they will still build the wall though. >> i'm not going to that wall. >> bill: metaphorically speaking. >> the clear wall. >> bill: call it what you like. thanks. bye-bye. >> sandra: he is the congressman who has led some of the most high-profile and controversial investigations in washington but now congressman trey gowdy will not be running for reelection. what his departure as well as the departure of several other top republicans means for the party. plus a deadly train crash on the way to west virginia sends lawmakers springing into action to help the injured. the latest from that crash site next. >> at first it looked like an

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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. >> bill: a bit of a surprise move from the hill yesterday. trey gowdy announcing he won't be running for reelection and plans to leave politics. the latest high profile committee chair to retire. he is joining eight other top house republican lawmakers on that list. a lot of folks are running for the door in washington gowdy said two years ago he was get pg out of politics and going back to law. that didn't come to pass. this time he is going through on his word. >> sandra: he will be missed, according to his colleagues. a fox news alert for you, several republican lawmakers jumping into action after their amtrak train plowed into a garbage truck yesterday. one person in the truck was

killed. two others were injured and this morning federal investigators are still trying to figure out what happened. >> we'll focus on the operators involved, look at their backgrounds, licensing, experience, and level of training. we will also determine if any operator had a condition which may have contributed to the crash. >> sandra: we are from crozet, virginia. >> you are getting a great look here at the rail crossing. look behind me, this mangled trash truck. we've seen all morning long and been here since 3:00 a.m. these teams trying to get the scene mapped. this is actually f.b.i. agents you see walking around here. you see the main cab there in the center where they are taking photos but they are also mapping things.

that cab, of course, had three individuals in it, sandra. one fatality. christopher foley, 28 years old. another individual in critical condition and the third with minor injuries. but this tripod over here to my right i just want to show is actually called a total station. it is what the f.b.i. and law enforcement uses to digitally map this entire scene so that they can take all of this information and determine what this scene tells us. a lot of things the ntsb is looking at is the grade crossing. whether those railway crossing arms were up or down. the speed of the train. whether or not the station was operating properly. the ntsb telling us that they will be here possibly for a few days but we won't have full results and a report for a few months. >> sandra: griff, a big part of this story members of congress coming in to the rescue of those injured. we were sitting in rand paul on

the couch yesterday. unbelievable to hear about first of all how many doctors were actually present in members of congress and how many actually sprung into action. >> that's right. it is the unbelievable part of this story. more than eight members of congress turned first responder immediately leaping out. guys like congressman mike burgeis starting to tend to those injured. he told fox news he attended to the individual that lost his life but perhaps the one that is in critical condition, should he survive, it may have been the quick response of these members of congress that saved his life, sandra. >> so thankful for the people who sprung into action today. i'm so thankful for the capitol police. first responders and physician members of congress. thank you for what you did today. it reminds you sometimes how

fragile life can be. >> speaker ryan very proud of his members of congress that jumped into action, others that helped out. senator cassidy. it is just a remarkable part of this story. we'll find out soon what happened. the working operating theory, by the way, sandra, is that perhaps the train had what is a fairly all too common accident at a rail crossing in a place, a rural area like this in virginia. >> sandra: put things in perspective for a lot of those lawmakers making their way to that retreat yesterday as paul ryan was telling us. thanks, griff. >> bill: top story of the day. drama over the f.b.i. surveillance memo. both the f.b.i. and a top ranking democrat trying to stop the white house from making that public. but will it go public today? former house speaker newt gingrich with his reaction and the larger implications at play.

>> sandra: new backlash facing isis latest effort to crack down -- ice's effort to crack down on illegal immigration. >> president trump: support our ice and border patrol agents so that this can never happen again. [applause]

>> sandra: a showdown between the f.b.i. and the white house over the potentially imminent release of the secret memo out of the house intelligence committee that reportedly -- both the f.b.i. and democrats warning against making it public but white house chief of staff john kelly telling brian kilmeade yesterday the president's team is not backing down on this. >> the unique thing about all of this, frankly, in every other case i can remember in my lifetime where a president was in some kind of trouble, the

president, the white house attempted to not release things. we've got our folks in the national security lawyers in the white house that work for me, work for the president, they are slicing and dicing it looking at it so we know what it means and what it understands. >> did you see it? >> i did. >> what do you think? >> it will be released soon and the whole world can see it. >> sandra: newt gingrich, thank you for being here this morning, mr. speaker. what is your thinking on this this morning? >> well look, i think it's extraordinary and if you want an example of the deep state you apparently had the head of the f.b.i. go to the white house with the deputy attorney general, make his case to the white house, his superiors in the executive branch and get turned down. he goes back and puts out a release -- in effect it's an open rebellion. you have the director of the

f.b.i. putting out a release attacking the president for what the president apparently has decided to do because he didn't listen to the head of the f.b.i. this is a level of bureaucratic deep state resistance that should be educational for every american and when you're dealing with the f.b.i. and justice department, it is a threat to the civil liberty of every american if they go rogue. if they think they're on their own and unaccountable. this is what was wrong with j. edgar hoover. one of the things that president trump ought to consider is renaming the j. edgar hoover building. he was the personification of spying on americans including martin luther king junior and using secret information for political power and rename the building for a civil libertarian and they ought to send a signal to the f.b.i. look, you are under the law. you aren't above the law. you can't go out here, have the

president of the united states make a decision and you decide you'll fight him in public? that breaks up the whole concept of an executive branch and is clearly a violation of the constitution. >> sandra: clearly you are pointing out the f.b.i. and white house are at odds over this. judge andrew napolitano, mr. speaker, penned an op-ed this morning making the case, as he has been, to make this memo public. we're adults, he says, we should be able to decide. he writes if it is as advertised, we will see the deep state at its most frightening. what is going on here, speaker? >> well like to point out also there is a very big movie out right now about the "washington post" and the release of the pentagon papers which is a slight slap at the "new york times," the paper that actually released them. the pentagon papers were thousands of pages of secrets in the middle of a war. the news media felt like it had a moral obligation to public

american secrets during a war. now we turn around, where is the demand from the "washington post" and "the new york times"? why aren't they insisting the american people have the right to know. the case is simple. did the f.b.i. use tainted campaign material apparently paid for by the clinton campaign as an excuse to a federal judge to have wiretaps on americans during a campaign? now that is a very chilling concept that they would lie to the judge, use material that we now know is totally phony, and use that to be wiretapping on the presidential candidate in a way that i think threatens the entire process. we started looking for did the russians collude in the american election? what we're discovering that the real collusion was in the

federal bureaucracy and not in the kremlin and i think why they're trying to cover it up. >> sandra: john kelly said the president will release it pretty quickly were his exact words. here we are thursday morning. why not just put it out there for the public to see now? >> i think in the next day or two it will come out. may come out sometime today. frankly speaking on behalf of people who think that president trump did a great job tuesday night having an extra day or two to focus on how brilliant the state of the union was and the issues he raised before this smothers it. the minute this comes out the elite media will quit covering everything else and fixated on this. it comes out unless the president stops it. it is pretty clear he is not going to stop it. i think that he doesn't have to say much about it. it will speak for itself. and i think that we are going

to find out based on everything we've heard so far, we're going to find some very sobering things about how illegal the practices were during the 2016 campaign. i want to repeat, we started out with this question of did the russians interfere. in the course of a year we've come to the fact it may well have been the justice department and f.b.i. that was interfering, not the russians. that's a pretty amazing turn of events. >> sandra: nationally as americans our next question is and then what? once we see this memo and let's say everything that it sounds like you are predicting is in that memo is made public and we all read it, paul ryan has said the purpose of releasing this is transparency so that we can see accountability. what happens next? >> well, i think there are three things that ought to happen next. symbolic level a minute ago ought to rename the j. edgar hoover building to admit there is a long pattern at the top

level of the f.b.i. of doing things that were illegal. second, i think specific individuals are probably legally liable. and i would hope that the attorney general would insist that the law be applied impartially for people who clearly broke the law, they need to face legal consequences. third, i think congress may want to revisit the foreign investigation act works and may want to actually modify it in some ways to make sure there is a clearer method of watching the watchers. this goes all the way back to the federalist papers where they said if men were angels you wouldn't need government. since men aren't angels you'll have people in government who aren't angels. who then watches the government? and i think that's exactly where we're at. you have three layers. symbolically, personal accountability appeared and reforming the system. >> sandra: perhaps the white house is waiting a minute to enjoy the response to the

president's successful state of the union address the other night. sean spicer suggested the same thing when we spoke to him yesterday. will the president be able to push the message that he put out there tuesday night? will he be able to push that forward? >> i think so. i think that he has really learned a lot and he has really moved a great distance in a year as president. he is much more effective now than he was 12 months ago. i think that he is going to stay focused in a positive way. he had something like 23 different reform ideas in that state of the union. they put it together beautifully. i've never seen anyone do a better job than he did of taking great personal stories and linking them back to american culture and american history the way america works. and i think he is going to stay on that. i have think he is going to have a lot of help from speaker ryan and from majority leader in the senate and i think that you are going to see a really

great desire. i know mitch mcconnell wants to get more appointments done, for example. there will be constant pressure to be positive all spring and it will be the democrats who look weirder and weirder as they did the other night when they couldn't even applaud the lowest black unemployment in history. it was a strange moment for the democratic party. >> sandra: we're expected the hear from the president shortly at that retreat. speaker gingrich, thank you for joining us this morning. always good to see you. >> bill: we're three days away from super bowl sunday. minneapolis says they're ready from bomb sniffing dogs and both government and nfl security officials say they aren't taking nothing for granted in minnesota. it will be cold, too. >> sandra: they can't protect you from the cold. >> bill: i shall be there. you have been on my back for a week. >> sandra: do you have a pick? >> bill: you have been on my back. this morning you went with. >> sandra: the eagles. >> bill: so i shall go with the

new england patriots to win super bowl lii. and yet another super bowl ring in the hand of tom brady. >> sandra: i might predict a double digit victory. >> bill: let's save it for friday. >> sandra: bundle up. mike pence squaring off against west virginia senator joe manchin in a war of words on twitter. we'll get at what that is all about with manchin's republican colleague senator shelley moore capito. that's next. >> bill: larry nassar back in court facing new accusers as one of the women sits down with martha maccallum and tells this story. >> i think it was important to see him for me face-to-face and not -- because it was about him, but it was about all of us

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liberty mutual insurance. >> we've worked shoulder to shoulder with these great leaders and each and every one of you to advance policies that are really turning this country around. >> bill: the vice president mike pence at the republican retreat in west virginia. president trump leaves for there in about an hour and a big speech at 12:30. republican senator shelley capito is in west virginia. i have an interesting exchange from the vice president yesterday with your colleague, the democrat joe manchin sent out this tweet. he said i looked him in the eye and i told him joe, meaning manchin, that people of the mountain state are counting on you. let's get this tax cut done

together but joe voted no with a #there, all right? joe manchin responds in a rather direct response last night. the vice president's comments are exactly why washington sucks. what do you think of that? >> well, i think -- the vice president was disappointed. we were sitting in expanding businesses, giving bonuses to west virginia workers and i think that senator manchin may have intimated to the vice president that he was on board with tax cuts and i think the vice president was disappointed with that. you could see that in his speech. at the same time, i reject the premise that washington sucks. we volunteer to come here, we ask people to send us to washington and we're serving in the greatest deliberative body in the most powerful nation. i wouldn't use that terminology to see the honor i have to be a united states senator. >> bill: it appears to me we're seeing the republican playbook for the mid-term vote. you'll call out democrats every time because they did not vote

on the tax cut, right? >> well, when you see what is going on across the country, the optimism, the economic boost that we had. here in west virginia we're seeing it everywhere with bonuses and expansions. you can't deny this is a great thing and when people get their checks and they have more on the bottom line of their checks, the american people are going to realize this was something that was long waited for and the democrats will be held accountable for the way they voted. >> bill: manchin said he was the one who helped worked with susan collins to end the shutdown and part of the case he is making now. the vice president, we just heard from him is telling you that republicans have a good story to tell. i want to know what that story is. he said you have a lot of work to do. just give us a sense of what you hope comes out of this meeting in west virginia. >> well, i think first of all we've got to look at what we did do. that is change the face of the economic forecasting and the

economic -- our standing globally in terms of the tax reform bill. so we are going to talk about that. what are the next steps? we'll look at bipartisan issues such as infrastructure and trying to combat this opioid addiction that is cascading across the country here in west virginia, very devastating. these are areas where we can work across the aisle. we just heard from secretary mattis and secretary tillerson about the need for strong military and stop the continuing resolution way of funding the government. we have a lot of work ahead of us. but we have a good story to tell. >> bill: what is that story in one line? can you give it to us? >> sure. let's keep the momentum going of making america stronger, better and working for everybody, not just certain segments of the population. >> bill: we'll see the president with you in about three hours. thank you for your time at the greenbriar. >> sandra: the latest efforts by ice to crack down on illegal immigration meeting pushback in one sanctuary state. the latest on that battle

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>> bill: larry nassar facing more powerful victim statements at his third sentencing hearing. while more testify in court, others continues to speak out in hopes of promoting change. three of those ladies talking exclusively with martha just last night. >> mattie, what do you hope for your future? >> i hope that this will never happen to any other child again. no child deserves how we were being treated. it is still upsetting to me that this had to happen after 156 women had to testify for it. it should take one.

i'm angry but i'm also very grateful and happy that actual laws are being enacted to help change the system. >> bill: there are 65 more victims expected to give impact statements at this latest hearing. >> sandra: another effort to crack down on illegal immigration met with backlash. ice's acting director signing a directive that continues the agency's practice of going into federal, state and local courthouses to arrest criminal aliens. >> where is the safest place? sanctuary cities took the jail option away prohibiting ice from going to local jails. now the agencies is saying they can arrest gang members and serious fell ons in the

courthouse and other illegal family members while there, they too can be deported. >> they've forced my officers to arrest dangerous criminals on their turf in their homes and place of business rather than arresting them in the safety and security of a county jail. it is ridiculous to intentionally put law enforcement as risk. >> they wanted courthouses to be off limits to ice. he said no, if ice learns of a court date of a criminal alien federal agents will arrest them there. another concern is the surge of unaccompanied minors from central america at the border. he blames a ninth circuit court opinion mandating the release of minors so parents again are smuggling their kids north, turning themselves over to the border patrol knowing that most immigration judges will not deport kids and some of those parents i'm told believe their kids will get amnesty under daca.

last year the border patrol apprehended 80 thousand from central america, a third of all arrests. stats show 40% increase year-to-date. back to you. >> sandra: william, thank you. >> bill: there is a growing battle over what could be the imminent release of a secret surveillance memo. will we see it today? corey lewandowski is here to react in just minutes. [beep] [beep] [beep] our members shop a little differently. so we reward every purchase. let's see what kate sent. for you. for all of us. that's for me. navy federal credit union open to the armed forces, the dod, veterans, and their families.

>> sandra: a fox news alert on a growing showdown over that controversial obama surveillance memo. the f.b.i. taking its feud with president trump public. as the white house decision to release this memo could come at any moment today possibly. welcome to a new hour of "america's newsroom." i'm sandra smith. >> bill: nice to see you. will today be the day? i'm bill hemmer. republicans saying the memo will show evidence of the trump campaign being unfairly

targeted throughout 2016. the white house has said they are open to going public. the f.b.i. pushing back hard trying to keep it under wraps. newt gingrich telling us 30 minutes ago there is a lot more at play than meets the eye. >> if you want an example of the deep state you had the head of the f.b.i. go to the white house with the deputy attorney general, make his case to the white house, his superiors in the executive branch and get turned down. he then goes back and apparently puts out a release -- in effect an open rebellion. >> bill: team fox coverage now. former trump campaign manager corey lewandowski standing by for reaction. we begin this hour with chief intelligence correspondent catherine herridge working her story in washington >> good morning. late last night senior democrats escalated the feud with house republicans. senate minority leading calling out the house intelligence

committee's republican chairman alleging edits were made to the memo and can't be released. it seems like nunes will stop at nothing to interfere with the russia probe. attack law enforcement and intelligence officials and mislead his house colleague. devin nunes and the importance of shining a light of alleged surveillance abuses at the f.b.i. and justice department said democrats are on the losing end of the argument. congressman meadows went even further. >> substantial changes, does it mean a grammatical change or one word here or there? i can tell you i had a lengthy conversation with chairman nunes last night. he stands by the memo. i stand by him in his constitutional duty to actually inform the american people. >> christopher wray and deputy attorney general rod rosenstein were at the white house earlier this week. a source told fox news both men

voiced concerns about the memo with rosenstein pushing back hard. based on my contacts they keep emphasizing the five day waiting period doesn't expire until monday. >> bill: we await on that. it could be a different story, right? what are we learning this morning about the deputy f.b.i. director removed on monday of this week? >> new reporting this morning suggests former deb tee director andrew mccabe knew about the clinton emails discovered on the computer of anthony wiener a month before they opened the investigation. text message reviewed showed peter strzok told lisa page, with whom he had an affair, about thousands of new emails and mccabe's direct role handling the matter. strzok writes got called up to andy, reference we believe to andrew mccabe earlier, hundreds of thousands of emails turned

over by wiener's attorney to the southern district of new york includes a ton of material from spouse sending team up tomorrow to review. this will never end. fox can confirm the justice department's inspector general is investigating the handling of the clinton email probe with a focus on the final weeks before the 2016 election and whether it was slow rolled or standard procedures were followed. questions remain about mccabe and whether there was a conflict of interest because his wife took more than $600,000 from democrats for the 2015 state senate race. >> bill: more to come. catherine herridge in washington >> sandra: more with corey lewandowski. president trump's former campaign manager, chief strategist for america first action and co-author of the booklet trump be trump. good morning to you. the president has a big decision to make. if trump were to be trump what will his next move be? >> i think the president has already made the decision and i think that what we've seen is

exactly what speaker gingrich alluded to was the number two person at the justice department and the director of the f.b.i. went to the white house. it is reported they had a conversation presumably with the chief of staff john kelly, and asked for them not to release this information. and i think the president has been very clear that it's in the interest of the american people to understand what is in this memorandum and let the american people see it. because if it is true that the f.b.i. took information from the false russian dossier, which was paid for by the clinton campaign and used that as potential information to obtain a fisa warrant on an american citizen on us soil there needs to be accountable and quickly. >> sandra: i heard you heaping praise on the president for his state of the union address the other evening. the president is doing so himself as well in the form of a tweet saying thank you for all the lovely compliments talking about the ratings. highest in history. talking about all the wonderful reviews that he received.

nancy pelosi leading democrat, she is not offering that type of praise. listen. >> it i would 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 bring tears to the eyes of the statue of liberty. >> sandra: your thoughts on that. >> what the president did was said let's stand up for our country. let's celebrate the fact that african-american unemployment is the lowest in recorded history and celebrate the fact our economy is growing. celebrate the fact that we're continuing to be the greatest country in the world and we'll have fair trade practices and we are going to crack down on the animals of ms-13 and let's celebrate the people who he brought to the state of the union. if that brings tears to the eyes of the statue of liberty or nancy pelosi we have to question the fabric of what we do every day. what president trump outlined in the state of the union is

not only the success that he had in the first year but the continued problems we have, ms-13, illegal immigration, those people in the audience that he brought there and told their story. if nancy pelosi has tears in her eyes because a 12-year-old boy is taking the american flag and putting it on the flags of american soldiers that don't have them shame on her. >> sandra: charl rove called it a good speech but said it is only a start. he wrote this in the "wall street journal" this morning. to avoid appearing stale the white house should put out new actions that compliment the state of the union and keep with its spirit. free advice. stop blind-siding natural allies as the president did in september when he cut a budget deal with democrats without informing gob leaders beforehand. can his message from the other evening, which you sound like you are very complimentary of, can he translate that going

forward? >> he can translate it going forward because it is a vision for america that he outlined on the campaign. what that means is we need to have some bipartisan support. what in the proposed on the immigration reform side is exactly what the democrats have asked for, for a long time. instead of joining this president and embracing what he has proposed they are obstacles. the president said we need to have a wall on the southern border. end chain migration, get rid of sanctuary cities, get rid of the lottery program. if you get those things done and we build that wall, we will have a path to citizenship which is more than what barack obama was willing to do, which is what the democrats have asked for and now they've said absolutely not, we don't want that. there is nothing this president can do that they will agree to cooperate with and that is why washington has been broken for 30 years. >> sandra: there has to be a strategy. that was an attempt to really unify a broken, divided

congress the other night, corey. i know you are -- there is nothing you can do to get nancy pelosi and chuck schumer to come around. if you were sitting next to the president and talking to him today, what would you say? how else can he reach out to democrats as we move forward in 2018, we just saw his first state of the union address, how does he carry that positive message forward? >> if you look at what the president has done, he halls had members of the senior leadership team of the democratic party to the white house on many occasions. talked to them on many occasions. worked with them specifically to remove the debt ceiling vote to later in the year. one piece of legislation republicans and democrats can agree on is the infrastructure spending bill. a lot of money will go to the inner cities where democrats represent. roads and bridges and airports falling apart. it is not a republican or democrat idea. it is an america idea. let's take the $1.5 trillion

the president has proposed in infrastructure spending. get bipartisan support so we can drive on our roads and bridges and land our airports in safety. if the democrats can't support that issue they have to question what they are doing in congress anymore. because they have no plans, they have no ideas, and they have nothing that they can campaign on other than being against the president's ideas. >> sandra: we're running a banner underneath on the screen now. 12:30 p.m. eastern time today the president will be addressing the gop retreat in west virginia. the topic of the moment not only state of the union address from two nights ago but also this memo. i want to end where we began. does the president release that memo today? what is his strategy going to be? >> if the president asked my, he hasn't. we need to release the memo as soon as possible. there is a school of thought he has had such a positive day coming off the state of the union he should wait a few more days.

there has been so much hype on this memo and the american people deserve the right to see what's inside it. if that means there was a fisa warrant application signed off on by rod rosenstein or other seniors of the f.b.i. built on a fake dossier paid for by hillary clinton's campaign there needs to be accountability immediately and the american people deserve the right to see that. >> sandra: when was the last time you talked to the president? >> well look, i had the privilege of spending time with him on monday before the state of the union. he was in a great move. very excited. talked about his accomplishments. i spent time with him on monday and a privilege to be over at the white house. >> sandra: always good to see you. thanks for coming on. >> bill: 10 past the hour. deadly train crash giving many, including hundreds of lawmakers, a major scare. >> it's the scene you don't ever want to see. you are riding along in a vehicle and there is a loud bang and things stop.

the lights went out, there was a smell of electrical smoke in the car that i was in. >> bill: everybody on board feeling the impact. we'll talk to one of the lawmakers who was on board in a moment. >> sandra: we're awaiting a big speech from president trump two hours from now. he will be heading to the republican retreat on this very big news day. so what will the president say? congressman mark walker is there and he will join us live. >> bill: also republicans looking ahead to mid-term elections in november. can the president translate that state of the union address into victory in november? president mike pence thinks so. ari fleischer has his own take. >> we made history in 2016 and we'll make history again in 2018 when we reelect republican majorities in the house and senate. whoooo.

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>> bill: u.s. officials telling us at fox news -- the same type of interceptor the pentagon relies on for defense against north korea. officials shot at a target dropped from a cargo plane. the second failure since june. the pentagon declining to comment, however, on that. >> kind of reminds you sometimes how fragile life can be and it is why we all have to serve with all of our hearts and all of our energy to give

this everything we have. which brings us here tonight. which brings us here to why we are doing what we're doing to improve people's lives, to make our country a better place. >> sandra: paul ryan discussing yesterday's deadly train crash on the way to a republican policy retreat in west virginia. our next guest was on that train, north carolina congressman mark walker chairman of the republican study committee. thank you for being here this morning. a chilly morning there and you are expecting the president just a few minutes from now. how are you and your colleagues and their families doing this morning particularly those on the train yesterday? >> sure. i think we're doing very well. there are a few minor bumps and bruises, a concussion or two. but pales in comparison to the christopher foley family who tragically lost his life in the train accident. certainly our thoughts and hearts and prayers go out to that family. >> sandra: what was it like for

you yesterday? >> pretty jarring. going at a moderate speed and you have this collision, lights go down and you know immediately -- i was sitting across from ted cruz and one car behind paul ryan. the first thing that goes through your mind, was it a security breach? something we need to look into if we travel anymore by train at some of the crossings in the rural areas. it could have been worse. as far as on our side as members we're moving forward with it and looking for a great day this afternoon and then tomorrow as well. >> sandra: eventually you all made your way to the retreat where paul ryan delivered a message. what was his message to all of you once you arrived? >> his message was first of all we had a time of prayer, a little bit of a devotion praying for those involved in the train accident. but we spent a little bit of time talking about the past, accomplishments, the tax reform. looked at some of the polling data where we've seen the tax

reform, the jobs cuts act have gone from 38% to 57% approval. people are getting more and more in their paychecks. in the words of the great yogi berra this is like real money. we don't think it's crumbs. we want to move forward and talk about what needs to be accomplished this year as well. >> sandra: what is that? the president is expected to speak in the noon hour eastern time today. what will he say as far as the strategy going forward fresh off of his first state of the union address the other night? >> i will tell you there is a buzz and momentum that came out of that speech that really propelled us to be able to look at this calendar year. 2017, regardless of your political affiliation there are great indicators. the consumer confidence index is 69%. we want to talk about -- i believe he will talk about the daca recipients and how we need to resolve that. infrastructure is something very important to him.

but i want to hear as a conservative some of the spending components we have to be concerned with. we need some of those reforms to make sure as well as things are going we want to make sure that after eight years of talking about the abundant spending under the obama administration that we're also having some attention paid to keeping our fiscal house in order as well. >> sandra: it's a big news day. i imagine a lot of you and your colleagues are talking about this surveillance memo potentially about to be released by the president. what is everyone talking about? >> i believe my friend john radcliffe will talk on that later on today as well. most of us have read it by now. i've been on record of saying i want to make sure we aren't building this out as the greatest scandal in american history. however, there is some damaging information in there. it lists names and people -- the american people will have to ask the question did it draw a line from abuse of the fisa

when the dossier paid for by the democratic national committee. was it influenced by some of the people that made the decision. people have said is this -- should we be releasing the classified information? constitutional wise, congress has jurisdiction when we feel like there is potential wrongdoing even if it's relegated to a few people under a good department. we need to make sure the american people are not being hoodwinked. >> sandra: you've read and seen that memo. should it be released to the public? >> i believe it should. obviously we have to be very careful when we are dealing with national security and top secret information. i don't believe there is any kind of violation in this 3 1/2 page memo and i believe it's important. congress historically has had a problem with the reputation of not being transparent. any time that we can deliver that information back to the american public, the american public usually doesn't fail coming up with a correct response. >> sandra: congressman mark

walker, we are so glad you and your colleagues are okay after the train accident yesterday. you have a big day today with the president arriving just a few moments from now. thank you for coming on "america's newsroom" this morning. >> thanks, sandra. >> bill: republicans, democrats locking horns. so is the f.b.i. everyone has a stake in this, folks. what will the white house and president do? deputy press secretary raj shah is on deck to answer that next. r is helping build the new new york. starting with advanced manufacturing that brings big ideas to life. and cutting-edge transportation development to connect those ideas to the world. along with urban redevelopment projects worthy of the world's top talent. 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.

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>> bill: we know the f.b.i. strongly objects to the possibility of a release of a classified memo on alleged surveillance abuses. the ranking democrat on the house intel committee adam schiff accusing chairman devin nunes, the republican, of making unapproved changes on

this document. nunes said it was just a few edits. raj shah has information on all this now. thank you for your time and good morning to you at the white house. >> good morning. thank you for having me on. >> bill: a number of questions. let's see how many we get through now. will you release the memo today, raj? >> right now the document that we received on monday is going through a process led by the white house counsel's office. it will get review from all relevant stakeholders, including intelligence folks and folks in law enforcement community. they will be advising the president and he will make a decision at the appropriate time. >> bill: that's not today? >> when we have a decision we'll make it publicly available. we don't have one yet. >> bill: my sense is the speech of the greenbriar is important for the party and he likely does not want to get in the way of that. is that sound logic meaning it would not be today? >> the meeting today is very important not just for the party but for the country.

the president will talk about what we've done as a party and government to help this country over the last year and what we'll be doing in the year going forward. you saw a lot of this during the state of the union address on tuesday night. the president is going to be talking about our achievements on the economy, where we've hit record lows in unemployment including for african-americans and hispanic americans. talking about our deregulation agenda, issues like trade. issues that we can reach across the aisle and work with democrats like infrastructure where we have a $1.5 trillion infrastructure plan to rebuild our roads, bridges, airports and also talk about the issue of immigration. >> bill: we will see him in two hours on that. i know you won't give me a day when it will be released. what is the white house understanding when that five-day clock expires? is it saturday at 5:00 or more like monday? >> this is fundamentally a legislative document. the house intelligence committee voted out of its

committee. the white house will consider everything the committee were to vote out. we're engaged in a national security and legal review. >> bill: when is the deadline? >> it will be reviewed and released at the appropriate time. i don't have a deadline or stop date for you. the president wants transparency and wants the public to see things. but we just want to make sure that all national security and legal equities are protected in the process. >> bill: based on that answer he wants it to go out, correct? >> he has made his inclination pretty clear. we want transparency. we've seen, frankly, a world in which leaks from folks in the intelligence or other communities are selective. they don't provide context. and they frankly don't tell the full picture. we want more information out there. we do want transparency and want the public to have the right to see things. >> bill: is that a lawn mower or helicopter? >> i think it's a helicopter, i don't know. >> bill: what is the white house position on the

disagreements from the five f.b.i. officials who came to the west wing yesterday? >> well, the president has been taking and the white house has taken input from a variety of stakeholders, law enforcement and intelligence agencies. i don't want to get too deep into the process. but some of those have been conveyed privately and the feedback has been conveyed privately. some conveyed publicly. we hear them and understand them. ultimately this is the president's decision. he has the constitutional authority to declassify information and he will take that very seriously. take the inputs in but then ultimately make his own decision. >> bill: if there is a sense if you put it out it mudies the waters? >> i don't think politics is going into this process. we're concerned about national security and transparency. we want the public to understand and know what's going on and make sure it doesn't trip wire on anything

that were to reveal sources, methods or other national security issues. >> bill: is the white house actively negotiating with bob mueller's team for an interview or is it your position that the president will not concede to an interview with bob mueller's team? >> the white house doesn't have a position. it's the president's personal legal team in talks with the special counsel and they're working through all the details and they would be the ones that can speak more clearly about exactly -- >> bill: when do they make that call? >> i think there are ongoing discussions and they'll continue until decisions and agreement is made. >> bill: one last thought here. you watch these stories and how they leak from one source or another. it really seems like a tit for a tat for every one of these stories. if you've given consideration how deliberate that might be in the nation's capital today? >> we think leaking of confidential or classified information is wrong, full stop.

we don't think it is right when folks in the intelligence community or law enforcement community or if anybody in the building behind us did it, it wouldn't be tolerated. the public has a right to know. these materials must go through a process that has to be declassified through the presidential authorities that exist. national security personnel and other equities need to be able to review these things before they're made public. >> bill: you will admit there is a battle underway for public opinion, correct? >> i think this president has been the victim, frankly, of a lot of illegal and unethical leaking. i think it has to stop. we believe it has to stop. we know the attorney general has taken these issues into consideration and has launched more investigations into illegal leaks. it is a problem and it is ongoing. >> bill: thank you for your time. raj shah from the white house today. we'll see what comes next. >> sandra: moments from now president trump will leave to the white house and head to the republican retreat.

mid-terms a topic of conversation in west virginia and mike pence making a bold prediction saying republicans will again turn conventional wisdom on its head when it comes to 2018. ari fleischer on deck. he joins us next. >> the president laid out a blueprint for american success last night. and it is about how we need to tell our story this year. and it is about the progress we need to continue to make. not for our party but for the american people. if you, like many people,

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>> conventional wisdom holds that the upcoming mid-terms will be a challenge, right? but i think you all know what president trump thinks about conventional wisdom. am i right? i mean, the conventional wisdom said in 2016 that hillary clinton was going to be elected president of the united states of america, right? the truth of the matter is we

made history in 2016 and we are going to make history again in 2018 when we reelect republican majorities in the house and senate. >> bill: that was his message to kick things off in west virginia. he was rallying republicans there looking ahead to november. president trump will be there in about two hours. the president tweeting this earlier today heading to beautiful west virginia to be with great members of the republican party. will be planning infrastructure and discussing immigration and daca. not easy when we have no support from the democrats. not one dem voted for our tax cut bill. need more republicans in 2018. ari fleischer knows a thing or two about elections. a fox news contributor. how are you doing and welcome back here to "america's newsroom." >> good morning. >> bill: a couple things on my mind. chew on this. this came out yesterday. the generic ballot two years ago had republicans down 15.

now it's down to 2. why is this changing so quickly? is it the tax bill, the speech the other night? characterize it for us. >> monmouth was a favorable poll but they're all moving in the last month. they have moved up since tax reform in september. an eight-point improvement in one month. he has a long way to go. make no mistake the president's numbers are on the move. equally important the right track/wrong track. the clear politics average. the right track/wrong track improved 13 points. on election day 2016 americans felt this nation is on the wrong track and a 13-point improvement since trump took over. he has a lot to work with and these numbers are all pre-state of the union. so i anticipate a smaller additional bounce from the state of the union. >> bill: a lot of contrast in the speech. i was alerted to a tweet from

sarah sanders yesterday. i won't say the whole thing but the key line that i took from it. she said this, ari. now we'll see if democrats love america more than they hate the president. wow. what a statement that is. i'm a big image guy and i think about the images from tuesday night and wondering what the majority in america think. just 51% of americans think when you have half the room applauding for the country and the other half sitting on their hands, ari, what do you think of that? >> you know, when i watched the democrats not stand when the president said in god we trust and when he talked about standing for the pledge of allegiance it reminded me when barack obama said small town people cling to guns and religion. they won't stand for some of the most fundamental basic values because the democrats question the values and think they're quaint and don't apply to life in america today. boy, does that put them out of

sync with the overwhelming majority of people in the country. the non-coastal, non-elite people are the base of the modern day democratic party. big mistake by the democrats. >> bill: give me another observation how you think the west wing is operating. it is my feeling over the past week and a half it has become more traditional. everybody talks about the tweets. daily discussion. very few of them this entire week. two earlier today. i'm wondering now if they are starting to find a schedule and groove they did not have before. it is kind of like you get to work at 8:00 and get your coffee at 8:30. meetings start at 9:00 and the day resumes in a more normal, traditional manner. do you feel that is the case now? and if so, is that a better way to operate? >> great question. i think time will tell. certainly is a better way to operate. i go back to last february when the president gave a very well-received address to the joint session of congress just

one month after being sworn in and people really liked it. four days later the president himself issued that tweet saying barack obama was guilty of something worse than watergate by wiretapping trump tower. what is important now is for the president and all the people around it to have the discipline, focus on the things the president talked about in the state of the union. not get into these distractions. the reason for that, bill, is the american people elected a disruptor to get things done. in year two of the presidency now he needs to be a disruptor with results. it is not disruption for disruption's sake but be the businessman who can bring people together to get things done. if he can do that his numbers will be on the move and be a successful president. >> bill: you think about the lunch he had with the tv anchors the other day. he said when you are a business guy it's all numbers. when you are the president you put a lot of heart into it. i took away a lot more thought into it as well.

final comment on that, ari, as you grow into the job as a person. >> heart and compassion an important part of getting people to believe in you and listen to you because they think you like them. that's one of the biggest issues he had to deal with. the foot football. he gets penalty flags for unnecessary roughness. he will drive the ball down field. he will be on the winning team without penalties. that's the way to do it. >> bill: we'll see him in two hours. ari fleischer, come on back. thanks. >> sandra: breaking news as we learn more about congressman trey gowdy's decision to leave politics. sources telling fox news he turned down a nomination for a federal judgeship on the fourth circuit court of appeals. we're told gowdy was originally approached by tim scott and lindsey graham. fellow republicans from his home state of south carolina and courted by white house

counsel. he turned down the nomination after talking to his wife. all indications are he will practice law and teach after leaving congress. trey gowdy. >> bill: a lot of rumors going around it would be the next job. apparently not. top democrats ramping up their rhetoric and slamming president trump's immigration comments from tuesday night. will the white house and republicans ever get real immigration reform if they don't get democrats on board? and can they break the gridlock for house conservatives? to great questions for our panel taking that up right after this. >> they have no plans, they have no ideas and they have nothing they can campaign on other than being against the president's ideas. there is nothing this president can do that they will agree to cooperate with and that is why washington has been broken for 30 years.

>> sandra: this is a fox news alert. we're just learning, fox news

confirming that the president is expected to declassify that fisa memo transmitted to the white house by devin nunes. this is the version that included some technical edits at the request of the f.b.i. this just coming into our newsroom right now so the president expected to declassify that fisa memo. let's bring in our panel on this. chris bedford editor of the daily caller news foundation and doug schoen fox news contributor. according to sources the edited version is the version that was shown to fisa f.b.i. officials on tuesday afternoon. chris, your thoughts. >> looks like there is another roadblock coming up right now to nunes releasing this memo. senator john thune saying hold on one second. i would like to senate intelligence committee to look at that. members of the gop and democrats in the u.s. senate

haven't had a chance to review the document. nunes and the white house want to get it out. one of the things which may be somewhat misconstrued in a lot of this coverage donald trump doesn't need to do anything now to release this memo. all he has to do is wait because after the committee, the house intelligence committee already approved it after a five-day waiting period it comes out and goes public and at that point you will have to let the american people decide what they think. >> sandra: i want to bring you in here, doug, as we learn more about the president's plan. the f.b.i. officials were satisfied that the edited documents addressed concerns that they had about the earlier version that reviewed on monday regarding sources and methods. this as more details continue to come in. your thoughts. >> i'm reassured frankly. my concern as i think a lot of democrats was that they would be revealing in an inappropriate and maybe even harmful way classified information. but we have a clear right to

know. there are allegations that are very credible about malfees answer at the f.b.i. going well beyond the issues in this document. i think it should be released. the fact that five f.b.i. agents have signed off on it i think is good news and i think given where we stand politically we need this document to see the light of day and adam schiff's rebuttal should also see the light of day. >> sandra: i just want to continue to give the information that we are getting here, chris. the reporting reflects back to that f.b.i. statement, of course, from wednesday that surprised everybody when they were taking issue with pieces missing from the memo. the reporting reveals the edits were made at the request of the f.b.i. and now the f.b.i. is complaining that certain information is missing. >> the f.b.i., the reason why they said hold on a second, guy. we don't want to reveal sources and we don't want to reveal methods of surveillance. that's the problem with the big intelligence leaks with edward

snow den, it showed some of the methods of intelligence gathering. they want to make sure that used poorly and badly against presidential candidates doesn't get released. it was the f.b.i.'s contention there. again i agree with a couple of the people we've had on for today newt gingrich. he said newspapers were clamoring to get the pentagon papers out during a time of war or judge napolitano said the memo should come out. >> sandra: we're looking at marine landing at joint base andrews as we speak. the president is en route to that gop retreat in west virginia where he will be speaking in the noon hour eastern time. marine one landing at joint base andrews continuing on with this conversation. as this is obviously a big topic as we heard from congressman mark walker at the retreat. will the president be releasing that memo? we have just confirmed the president does intend to

declassify the fisa memo that was given to the white house by devin nunes. which leads me to ask doug, what happens next? what will we see the memo? >> i think we'll see it in the next day or so. as to what happens next, goodness gracious, who knows? what i want to know is did the fisa court rely all or in part on the steele dossier as a means of surveilling carter page and potentially others. if that's the case, this is a huge new development. now that's an if, not a definitely so. but that is one of the major issues that has been before us that we do not know because if the fisa court has been influenced by a paid partisan document that is arguably -- then we have an even larger question about law enforcement and we have that plus all the issues with hillary's emails, comey's testimony, peter strzok's role.

there is a lot we have to get to that goes to the integrity of law enforcement. >> sandra: i'll wrap it up there. thank you for joining us on that. to move this forward the reporting also revealed the way it is likely to unfold is that the president will transmit the letter back to hpsci. the house permanent select committee on intelligence with a declaration it has been declassified. they would then release the memo. that news just breaking from fox right now as the president lands, bill hemmer, at joint base andrews on his way to the gop retreat. >> bill: the speech is scheduled for 12:30 eastern time. if the guidance from john roberts and the white house unit is accurate or stuck to we probably get a release on friday possibly once the retreat breaks up and everybody is back in washington, d.c. regardless, the f.b.i. was at the white house yesterday five leading officials from the f.b.i. apparently they had issues with parts of that memo. the white house is saying now that they made the changes the

f.b.i. was looking for and still yet there is no satisfactory sign-off from officials at the f.b.i. that's what we're trying to piece together right now. the timing is important now. you don't want to step on your speech. you don't want to step on things from tuesday night state of the union. the president has the wind at his back on so many things at the moment and how this news is digested and how it goes out to the public and how the f.b.i. responds, if they do respond, and how democrats then pick up the baton. what we've watched for a year now is the constant tit for tat. one report comes out from one side and another report comes to stuff snuff out that story several hours later and the pattern we've watched for a year. >> sandra: how important the timing is. john roberts chief white house correspondent is now reporting it looks like it will be tomorrow morning that this fisa memo will be made public. >> bill: it makes sense if you want to make the speech today

and talk about your strategy for the mid-terms which has turned into a very interesting story when you look at some of the numbers, sandra, that they've talked about from the polling that has come out from monmouth and others just in the past 24 hours. that's this, on the legislative agenda of the president you see him getting off marine one. back in december success or not? he was down 11 points whether or not it was successful. now he is up 14 in two months. in addition, generic ballot mid-terms coming up in november and subject to change. we don't know what the health of the economy. so many things can change between now and november. but in december republicans were down 15 points. in this poll they are now down 2 and that's before the state of the union address on tuesday night. >> sandra: the president is on the ground now joint base andrews just got off marine one en route to the greenbriar in west virginia where members of the gop await his arrival to

speak just a short time from now. the president now boarding air force one just before the 11:00 eastern time hour and also this reporting. white house sources are telling fox news the president may transmit that memo back to nunes after this speech at the greenbriar as we are learning now as likely tomorrow morning it will be released. but congressional sources say it may be held until tomorrow morning so everyone can get back to d.c. the members of congress at the resort. >> bill: stephen miller getting on board as well. i want to emphasize yet again, the new pattern for this white house. that pattern is falling into a much more traditional west wing and how it operates. if you think about the president leaving on marine one, so often he will stop and talk with reporters. that habit is changing, sandra. he did the audio interview with reporters at the white house before he went off the davos a

week ago. he chose not to speak today. you just wonder with the fewer tweets over the past four days we had two earlier today. it seems like they are finding a different rhythm than what we've watched for the past 12 months and whether or not it's a permanent change we do not know. i think it is a fundamental difference for this white house and how it wants to communicate its message and be clear on what it wants to get out to the american people and how general kelly is running the schedule in the west wing. >> sandra: who maybe while you were talking maybe you noticed john kelly just a short step behind stephen miller just boarded that plane with the president on his way to the retreat. we'll hear from the president a short time from now. the main topic at the retreat, the memo and the 2018 mid-terms. and the state of the republican party. >> bill: you will see that live when it begins. quick break here, back in a moment on "america's newsroom." , so he got home safe.

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>> fox news confirming that president donald trump leaving for west virginia a short time ago has made a decision to declassify the surveillance memo according to white house sources. should come of no surprise if you were watching the end of the state of the union the other night caught on the hot mic saying 100% he'll put it out. how does the f.b.i. and democrats react? does the memo say the u.s. government used an unverified force to use the surveillance law to spy on a member or members of donald trump's campaign and team during the election of 2016? >> fox is standing by the fact there are several options for the actual release and the publication of the memo. one, the administration can publish the memo on its own. we're told that's the preference of the committee.

or the committee can publish the memo on its own if given a formal sign-off by the administration. the memo comes from the add min, the committee may potentially send a formal letter to the white house giving the administration the green light. but right now reporting is this is tomorrow morning. as far as how that falls on the five-day deadline. >> different opinions whether it's 5:00 to 6:00 on friday afternoon and catherine herridge suggesting within the last hour it might even be monday. we talked to the white house 30 minutes ago and asked the question repeatedly and weren't given a solid answer. >> the decision could have been made moments ago. >> possible. we await on that. when we see the memo, sandra, will we understand it? will it be so confusing that we will need lawyers to help dissect this or members of the intelligence community to tell us what's important? that's all to be revealed as we build up to the moment when it

goes public. when it happens we don't know. there goes air force one down the runway and off to a short line. 25 minutes flying time to the greenbriar? >> speech in the noon hour. we'll see you on "outnumbered". "happening now" starts right now. >> jon: and we start with a fox news alert. the president is on the move just now ready to take off for west virginia. he will speak to the congressional republicans at their annual retreat at the greenbriar hotel there. good morning to you on this thursday. i'm jon scott. >> melissa: i'm melissa francis. the president is set to speak at the greenbriar resort less than an hour and a half from now amid new drama over that house committee's classified memo on the russia investigation. as the f.b.i. says it has grave concerns about its accuracy. >> jon: john roberts is live with more on this ever-changing story. john.