in oklahoma i'll be in barns and nobles. then wichita falls and waco. find out more on my website. lynyrd skynyrd after the show. >> bill: breaking news at this hour. impeachment front we're learning all four witnesses expected not to show up today as the battle over the whistleblower intensifies. a lot of news as we work through it on monday. i'm bill hemmer. we're kicking off a brand-new week. >> sandra: good morning, i'm sandra smith. two of four witnesses were supposed to be on capitol hill now. our reporters on the ground are telling us they aren't showing. meanwhile the whistleblower's attorney saying his client has agreed to answer written questions but republicans are still not happy. >> president trump: the whistleblower should be revealed because the whistleblower gave false stories. some people would call it a

fraud. >> when you are talking about the removal of the president of the united states, undoing democracy, undoing what the american public had voted for, i think that individual should come before the committee. >> we're looking at abuse of power and a level of corruption here that makes the nixon impeachment look like child's play. >> serious questions and concerns being raised. the american people deserve to get some answers to those questions so we can bring out into broad daylight what exactly happened. >> sandra: jillian turner is live with more. >> fox news is learning two of the officials summoned to be on capitol hill today have been subpoenaed over the weekend by the committee investigators, national security lawyer john ice enburg and advisor to mick mulvaney robert blair. none of the four have yet pitched up yet.

we aren't expecting them to come at all. eisenberg and others -- to a super secure intelligence server they moved them. democrats really want to drill down on the details of this transcript and how it was handled. they believe it will be central to their case. they also want to talk to robert blair about what they allege was a quid pro quo. president trump offered zelensky in the phone call. the fourth witness brian mccormack from the office of management and budget expected to shed light on the decision to withhold hundreds of millions of dollars in military aid from ukraine. all eyes on capitol hill now on intelligence chairman adam schiff to see what he is going to do to try to compel testimony from these witnesses. there is also a major time

crunch. jim hime said over the weekend, public hearings in two or three weeks. schiff will have to get these done before then. >> sandra: a lot happening on capitol hill this morning. >> bill: let's go through. tom dupree, former assistant a.g. under george w. bush. no shows, no problem. what does it mean? >> no surprise to me. the fact is these are white house lawyers, people who are very close to the president who are giving the president legal advice on a daily basis. so i think from the white house's perspective this is the case where you invoke executive privilege and the case where you draw the line and don't allow these people to testify. the fact that there are four no shows today, no surprise whatsoever to my mind. >> bill: what does it do for public hearings? would you expect them next week or not? >> i think the democrats could get started on public hearings

if they have willing participants. i think right now adam schiff faces a choice. he has to make a decision whether he wants to battle it out issuing subpoenas to these people and trying to enforce them in the courts or if they want to move more quickly and say look, we think we have enough to go on based on the transcript and evidence we've already collected and try to move this thing forward more quickly. >> bill: you heard the question about the written answers from the whistleblower. would you expect that? >> well, i think from the republicans' perspective it is not going to be sufficient. i totally understand why the democrats or whistleblower's lawyer would make him available for written questions. when you answer written questions you can manage the process, look at the question, think about it, sculpt your answer. live testimony you don't know what you'll be asked, caught off guard and most important it gives people a chance to assess the credibility.

live testimony is why lawyers love it. you can get someone on the stand see how he looks. whether he seems to be truthful and credible. >> bill: what republicans seem to say based on the interviews behind closed doors, what they'll show in public hearings a clear disagreement on public policy but not a crime. are you hearing the same line of potential story coming from this? >> i am. look, i think that from the republicans' perspective i think one possible theme here defense them is basically to say that look, the president took an unorthodox approach. what he did some people might disagree whether it crossed a line or not. that's not the issue here. the issue is not what the was best policy or approach but whether we have a constitutionally offense to remove a duly elected president of the united states. a higher standard and the line the republicans will try to draw in the public hearings and push hard. >> bill: jim jordan. when the hearing becomes public

he described it the following way. >> when they go to the open hearings it is just the intelligence committee. adam schiff gets 45 minutes under the resolution that passed on thursday to ask questions. the rest of the members get five minutes. adam schiff gets to call the witnesses he wants but republicans have to first submit a list to adam schiff to get his approval for what we want. it doesn't make it less of a sham. >> bill: adam schiff calls the rules here with the majority in that committee. >> i think there is a lot of truth to that. schiff is calling the rules. it's a mother may i situation. even though the democrats will be running this procedure, it is what the american people see playing out is a soviet show trial they'll recoil. if they don't see the republicans getting a chance to make their case and ask questions they'll treat it negatively. >> bill: steny hoyer said this

on sunday >> time is not constraining us. we're going the move as soon as the facts and the truth dictate we have. this is a very serious matter and i think all the american people understand we did not rush to this judgment. >> bill: i heard your answer on that. byron york writes this. part of the position of claiming a crime is democrats have had a difficult time coming up with the -- some have said it was extortion or finance. the 73-year-old statute calls the hobs lace. do you agree or disagree with that? >> the democrats are hard pressed to find a specific law the president violated and what we'll see from the democrats is arguments more along the lines of it's an abuse of power, abuse of executive authority. from their perspective they'll say we don't need to actually

open the law books and point to a specific statute that was violated. we'll say it amounts to an abuse of presidential authority. >> bill: first guest. week. thank you so much in washington, d.c. >> sandra: on to texas now where the state is launching a crackdown on homeless camps in its capital will cleanup efforts underway to address the growing crisis in austin. people being told to find new housing. one man living beneath an overpass says he will set up camp elsewhere. >> this is a famous place to live on the streets. you want to live on the streets, go to austin. everybody feeds you, they give you money, you can party. >> sandra: we're live in austin with more. good morning. >> good morning, sandra. we have already some cleaning crews arrive to the emotion campment earlier this morning and now we're waiting for the

crews to come and remove the tents from the area underneath the overpass as the state steps in. frustration in the city is mounting. >> i think our city council and mayor are a bunch of idiots. >> they need to help themselves. >> we're spending money to deal with it but it's not affecting the problem. >> it is a problem. a closer look at it. homelessness in austin is up 5% from last year. the governor here warned city leaders to straighten things out. now he is stepping in and said he won't allow austin to turn into san francisco or the likes of l.a. crews will clear away homeless encampments under overpasses across town. there are plenty of them. one man who has been living under the same overpass for three years told me he has seen the city tried this tactic

before. it doesn't work. he has never seen the state step in like this. >> we're not -- it's always been at a city level. the mayor and the chief of police and clean it up. tired of hearing the complaints. they do it and we come back the next day like nothing ever happened. >> meantime mayor adler in austin has said he is finding a place for the people to actually live permanently as the shelters in town are full. >> sandra: thank you. >> bill: we've been following these stories not just in austin. check out willie brown the former mayor of san francisco trying to work his way through oakland, california. sandra, the way he describes these homeless villages that have been set up it will blow your mind. they have working televisions inside. a policy approved by the local leaders and why it's able to continue. >> sandra: we'll continue to cover the story.

>> bill: fox news alert. urgent manhunt underway. two murder suspects escaped from jail. >> sandra: the latest on the feud between president trump and california's democratic governor. we'll tell you what sparked the latest war of words between those two. >> bill: big rally ilhan omar and bernie sanders saying he'll start a movement. can the squad help bernie beat joe biden? >> we're building a multi-generational. multi-racial working class movement. memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. the best of pressure cooking and air frying

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for a president who will fight against western imperialism. >> bill: that quote got a lot of attention. ilhan omar back in minnesota stumping for bernie sanders. she is in for sanders, byron york is here to analyze. good morning. the quote from your last segment. that's why i'm honored and excited who will fight against person imperialism. what is she talking about? >> the scene of the rally in minneapolis is precisely what a number of centrist democrats do not want to see in the 2020 election. you have a couple of politicians, sanders and omar who occupy the left-most position in american politics repeating phrases most associated with the far left as you just saw ilhan omar said bernie sanders will help fight western imperialism. all the while some of the supporters are shouting lock him up about president trump.

if you remember in 2016, democrats were very critical of trump rallies in which some supporters shouted lock her up. >> bill: trump is a racist, sexist, bigoted homophobe and deserves to be impeached and will be impeached. red meat for the far left. now you have three of the four squad members who support bernie sanders. what does that say where the party is today or where it might go. >> sanders is not leading the race like this. one interesting thing about sanders mentioning impeachment is we have so many reports from the campaign trail that is simply not a big concern of a lot of democrats. these are active democrats coming to candidate events asked what the most important issue or second or third most

important issue is to them. they don't mention impeachment much. interesting to see sanders talking about that on stage. of course, members of the squad are associated with zealously supporting impeachment. >> bill: the other thing she said. here in minnesota we don't just welcome refugees, we send them to congress. achieving that universal dream feels more out of reach than it ever has in my lifetime. she just won and went to congress. so at this point in her life she would be closer than ever to that dream, would she not? >> i think she did, in fact, achieve that dream. i think there is no doubt about it. she will have to run for he reelection every two years for the house of representatives. look, i think this is -- the accusation that president trump has cut off all opportunities for immigrants in the country and stuff like that is a staple

on the democratic campaign trail. >> bill: few more things. bernie sanders hitting joe biden and the super pacs from over the weekend. >> joe biden once said i'm paraphrasing, you have to be careful about people who have super pacs. in his campaign joe has not done particularly well in getting a lot of donations from working class people. he is now forced to go to billionaires and multi-millionaires to get his funding. >> bill: what we find in our polling that joe biden leads donald trump in a national poll. in iowa you have a four-way race. warren with a slight edge. the battle for second place is wide open three months before a ballot or caucus is arrived at there, byron. >> bernie sanders sounded so concerned that joe biden has had trouble fundraising. yes, the race in iowa is different from the national

democratic race. the real clear politics average of polls warren is leading the race in iowa with the five-point lead over buttigieg and sanders and biden are close behind. warren and buttigieg are in the lead. if you look at the national numbers, however, joe biden still has a significant lead. pete buttigieg is a distant fourth. i mean he is 22 points behind joe biden in the national polls. so iowa is looking different than the national race right now. >> bill: one more thing. we have time for it. mayor pete on show time. watch this? >> i think this is getting to be a two-way. i think -- >> you see that. >> you and warren? >> a world where we're getting somewhere is where it's coming down to the two of us. >> he is taking some heat for that from other candidates who as i said he is 22 points

behind joe biden in this race. but pete buttigieg is trying more and more i think to try to occupy this centrist lane in the democratic party where joe biden, which joe biden has had almost to himself this whole time. but with voter concerns about biden's age, his ability to fight donald trump toe-to-toe it could be something that does benefit a much, much younger pete buttigieg in the future. >> bill: nice to see you. good job in washington, d.c. >> sandra: senator elizabeth warren catching a lot of heat from 2020 opponents over her $52 trillion price tag for her medicare for all plan. so can she really sell that to the american people? it is mondays with maria and she'll be here later this hour. plus an antifa activist gets up to six years behind bars for

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>> sandra: two dangerous murder suspects on the run after escaping from a california jail. an urgent manhunt is now underway. robert gray is live with more on that in los angeles. >> good morning, authorities are searching central california the two men escaping from the adult detention facility in monterey county on sunday. missing during a routine head count. no further details about the jail break have been released.

51-year-old and 20-year-old have been in custody since 2018. the monterey county sheriff's office said they were awaiting trial on unrelated murder counts and also numerous other felony charges. residents should use extreme caution if they see them. media reports say the murders both men are charged with are gang related. >> they were in jail for murder so we have to consider them dangerous people. during the search we found some of their inmate clothing just outside of the perimeter. we know that they did make it outside of the jail. >> the sheriffs office says their focus and resources are dedicated to finding and capturing the two men. the law enforcement office is offering a $5,000 reward for information that leads to their arrest. the investigation is focusing on how the pair managed to escape the high security facility. another inmate climbed his way out of a ventilation duct at the jail rehabilitation center five years ago.

he was later captured and arrested. sandra, back to you. >> sandra: robert gray, thank you. >> bill: a horrific crash. a man and four daughters dead. growing outrage after the driver responsible is sentenced to one year probation. how and why he avoided prison. >> sandra: wild fires in california reigniting a feud between president trump and governor newsom. >> bill: four witnesses called to testify in the impeachment matter today. all four expected to be no shows as the president wants the whistleblower's identity revealed. reaction from ken starr coming up live on that next. >> the american people have a right to know who the individual is who started this whole thing. 63 million people voted for donald trump in 2016 and they have a right to know what it's all based on and what the democrats are doing. billions of mouths.

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read it closely, i probably would. they're hanging their hat on this one phone call and you know what? the republican party has never been so unified. i think nancy pelosi has lost her mind. >> sandra: president trump calling out democrats while denying any wrongdoing as we learn none of those four witnesses called to testify today are expected to show up. let's bring in ken starr former independent counsel and fox news contributor. good to see you. so the latest this morning with these witnesses two already saying they aren't showing up. all four expected not to show. what does this mean for democrats moving forward with impeachment of this president? >> right. it means the drama will move down the street to the federal courthouse. judges will probably become involved now in terms of the enforcement. a process. we'll see what the judges see.

the house has enormous power. let's never forget that. the witnesses are saying we have questions, the president has questions. let's take it to the judge. that's our system here in our separated powers form of government. >> sandra: what are the implications for the white house blocking this testimony? a democratic congresswoman on "meet the press" over the weekend making the case referencing back to the president saying that phone call was perfect, why not just let these witnesses come forward and hear them out? here she is over the weekend. >> i think the fact of the mueller report did outline obstruction of justice and we see in plain view this administration is making sure that witnesses don't come and be heard. why are they hiding it? if they have firm grounds the stand on why are they afraid to let witnesses come before us? >> sandra: how do you answer that, ken? >> that comes with such ill grace, my word. to go into secret proceedings, at least closed proceedings. one of the good things about courts the public comes in.

you clear security you can go in. it is open to the public. what we're dealing with here are questions about the legitimacy, appropriateness of this resolution passed last week that continues the process, at least this week and looks as if it will continue, for these to be closed-door hearings. that's the fundamental problem. the closed-door nature of an impeachment inquiry is, i think, unprecedented that's undisputed but i think it's also quite wrong and unfair to the american people. we need to see these witnesses. >> sandra: i'm sure you saw some of the latest polling on public support for impeachment of the president. this is our own fox news poll when asked the question should the president be impeached and removed from office that number has grown to 49% saying yes, he should be impeached and removed. just 4% say impeach, not remove and 41% say not impeach.

what is that growing public support for the impeachment of this president and removal from office mean for the overall impeachment process, ken? >> it gives it fuel to the fire, right, to use that metaphor with the california situation. but it does. because ultimately impeachment is a judgment entrusted to the american people. speaking through their representatives. if the american people rise up in righteous indignation, they haven't yet. i would be concerned if i were the white house. so that means hey, let's perhaps have a different kind of tone. i would certainly recommend that. and to say -- here is my specific thing. i would urge the president not to say everything was perfect but i would urge the supporters of the president to say we have legitimate questions about the appropriateness of the call but it is not rising to an impeachable offense when we look back to the clinton case

of clear crimes including read the starr report abuse of power. he was impeached but not removed from office. i think history teaches us be careful, be cautious, house of representatives what you do. we're less than one year from the presidential election. >> sandra: that makes all of this even more interesting and timely. ken, of course, now with the news that republicans are responding to the whistleblower through his or her lawyer. we still don't know the identity of the whistleblower, has said that whistleblower answer will answer written questions as part of the impeachment inquiry but republicans are saying that's not good enough. >> it's helpful to say that yes, whistleblower whoever she or he is that they'll answer written questions. you get written questions, i'm not sure they'll be that helpful now. this is coming down to issues of credibility and bias.

that requires a live, perhaps not entirely public. maybe that should be closed doors, that can be argued. let's have the witness face cross examination. the greatest engine for the discovery of truth in the legal system over these centuries. i think the republicans will say here are some written questions but we have to have you in some sort of forum where we get to ask you questions and take the measure of your truthfulness. >> sandra: do you agree with the president in his continued calls and demands for the whistleblower's identify to be revealed? >> not necessarily, no. i don't necessarily agree with that. however, i have taken the position that the whistleblower may have waived with an i, may have given up his or her identity, secrecy approach if that person he or she did went to adam schiff's staff.

i think that blows the cover. if that happened. and i don't know. i'm behind the veil of ignorance. i've seen reports it did happen. i think you've just lost your argument whistleblower quite apart from the legal issue of the whistleblower identity and anonymity goes to that person's ability to go within the organization. within the organization to complain about wrongdoing. >> sandra: a brand-new week, ken starr, thank you for kicking it off with us. appreciate your analysis and perspective. >> bill: 36 past the hour from california the wildfires sparking the latest feud between president trump and the governor there. the president ripping the state's forest management and the governor slamming the president for not believing in climate change. good morning. >> the debate about thinning forests to reduce wildfire goes back decades. there is substance to the

president's argument. but there is also politics. governor newsom has gone out of his way to criticize president trump suing the administration more than 50 times. now the president is taking his shot. linking the state's record on reducing fuel to recent fires. >> president trump: you got fires eating away at california every year because management is so bad. the governor doesn't know, he is like a child. he doesn't know what he is doing. i've been telling him this for two years. they have to take care of it. >> sunday trump tweeted every year as the fires rage in california burns it is the same thing. and then he, newsom comes to the federal government for help, no more. newsom fired back. you don't believe in climate change, you are excused from this conversation. this as the end of fire season approaches, the state battles nine fires all about 70% contained or better and the

electricity is back on. anger at the state utilities and the state continues. >> do a better job. >> it is devastating. like the whole world is upside down right now. trying to figure out how we make it through the day. >> compared to the last two years believe it or not this fire season wasn't that bad but it is always as you know, bill, kind of a crap shoot and gamble. we're about to the rainy season. >> bill: thanks in california. >> sandra: new england patriots undefeated no more. baltimore ravens scoring on new england's defense with quarterback lemarch jackson delivering three touchdowns including two he ran in himself. new england made a crucial error with a third quarter fumble and the ravens ran it back for a touchdown. >> bill: patriots are no longer undefeated.

ravens looked good last night i'm telling you, especially at home. >> sandra: how does it feel? >> bill: not bad. i'm 6-3 still in the game. i can beat my nieces and nephews. there is hope, america. senator elizabeth warren's $52 trillion medicare for all plan getting attacked for her own party. maria bartiromo was here next on that. stay tuned. also. >> sandra: 450 inmates released from prison in the largest ever mass commutation in a single day and we'll tell you why. >> these are real lives, real people with real families and with real friends. and they get to go home. exclusi, you get a strong repair that you can trust. plus, with most insurance a safelite repair is no cost to you. >> customer: really?! >> singers: safelite repair, safelite replace.

>> sandra: mcdonalds firing their ceo after a consensual relationship with an employee, a violation of company policy. the fast food giant's board saying he demonstrated poor judgment with his actions.

easter brook wrote an email saying the relationship was a mistake. >> the math is certainly controversial. there are variations in the estimates in the trillions and trillions and trillions of dollars. >> every single person in america is entitled to healthcare but i am able to provide that healthcare. i know how to get it done. to go out and pass it. >> the difference between my medicare for all plan and others, i won't take away your choice. if you want a private plan sgl. the cover is coming off of the argument. fellow democrats taking aim. an article entitled warren has a fantasy plan. let's get to it. mondays with maria. mariah bartiromo with me now. why you say no taxes move on the middle class, you hold that ground for a long time until

finally you come out with details and it is getting -- is ripped too much of -- too strong? >> it is getting ripped for two reasons. not just the cost. the cost is a big part of this because obviously it will cost $52 trillion and there is no way you can get $52 trillion by just raising taxes on the rich. it will raise taxes on the middle class. the second reason it's getting ripped because of the process of it. another huge government program which is putting the bureaucrats in washington in control of your healthcare where you want to get that mri, that scan, whatever it is, you've got to get the okay from the bureaucrats in washington another reason it's getting ripped. the cost of it is not only going to mean higher taxes but it is also going to mean declining spending on things like defense. make no mistake, the defense industry right now is already reeling from sequestration and everything else. i had the secretary of the army on this morning and asked him a

question, what is readiness looking like because admiral davies when he took over the job said if we were in a war with china now our army wouldn't be ready. that's a sobering comment. >> bill: back to the "wall street journal" wanted to share this quote here, okay? despite criticism from fellow democrats they write she is sticking to her plan for a takeover of american healthcare and continues to claim it will not cost one penny of middle class tax increases. she walks on water, too. >> sandra: here is a list of some of the taxes that elizabeth warren has proposed. partly to pay for the medicare for all program. ultramillionaire tax, wealth tax. excessive lobbying tax. increase in social security contributions for the top 2%. roll back of the tax cut from the jobs act. increase tax rate for gun manufacturers, increasing account biltmore private equity

first. moving military contracts. all of this to pay for medicare for all and the -- the end of all of that will mean a forced decline in spending elsewhere. >> bill: she will make the argument she thinks this is where the party is going and that's why sthe is doing it. >> you're right. most of the candidates in the 2020 hopefuls have adopted some form of this but don't forget rom emmanuel said about warren's plan. it is not going the happen. it's a pipe dream. it will be forever associated with the detriment. >> bill: snl saturday night had fun with this. the skit went on for nine minutes. here is part of it. >> here is my plan. look at this, okay. first off, right, we're going to cut military spending so immediately dead in the water. we're talking trillions. when the numbers are this big

they're just pretend. you want to see the math? i'll show you. look at this here, yeah. do you understand this? i do. i could explain it to you but you would die. >> sandra: she nailed it. >> bill: quickly steve bannon on the show on sunday. he still believes hillary clinton or michael bloomberg could enter this race. i will ask you is that a pipe dream? >> i think it's a pipe dream to see hillary clinton emerge. you have all these investigations going into the origins of the russia probe. she is in the middle of it because she paid for the dossier. will she really come out now and try to run for president with all the investigations around her and the clinton foundation? i can't see it. steve bannon says -- >> bill: what was that based on, his logic? >> the lineup they have now, none of them can touch donald trump and they won't take down donald trump what we have today.

at some point he feels the democratic party, tom perez head of the dnc will realize they need somebody knew. once bloomberg gets comfortable with the fact joe biden is out and sliding and going lower and lower and makes the gaffe. once bloomberg feels comfortable he will say i'm the only other moderate. i better enter the race. >> bill: he has a lot of money. i don't know how much recognition he has outside of the northeast. >> i agree with you on all that. nice to see you. >> bill: maria bartiromo as she is. thank you. >> sandra: nearly six-year sentence for one antifa activist after he brutally beat a conservative demonstrator over the head in june. journalist andy ngo was also beaten at that rally and will join us next. liberty mutual customizes your car insurance so you only pay for what you need. i love you! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> bill: word from iran, tehran backing away from its nuclear deal and doubling centrifuge operation and working on a prototype 50 times faster than the deal allows. the country marks 40 years since the iran hostage crisis. e.u. doubling down on the commitment to the nuclear deal despite president trump withdrawing from the agreement on the table. >> sandra: antifa activist sentenced to nearly six years in jail for cracking a man's skull during violent protests in portland earlier this year. eight people were injured. journalist andy ngo was also targeted during the attacks. wanted to get your reaction to this activist receiving six years. >> well, i wanted to point out this is only the second violent antifa criminal across the united states to face actual prison time.

the first one was a militant in new york city just last month who was sentenced to 18 months. so i hope that this marks a new trend in prosecutors pushing for actual convictions and sentencing. people may remember eric, the bike lock in california. police say he had bashed seven people in the head with his bike lock and in the end he only had a misdemeanor conviction and probation time. >> sandra: our understanding that your attacker hasn't been identified, and see. >> that's correct. so now we're over four months what happened in june. not a single person has been arrested for beating and robbing me. >> sandra: this particular man 24 years old oregon city, six years 70 months after pleading guilty to second degree assault.

the district attorney described an expandible bat on. 25 staples. gashes to his head, concussion. his lawyer is arguing this sentence is excessive. to that you say what? >> well, there is actually graphic shocking video of the attack on this victim. this group of people after beating me moved to another part of downtown and began rioting and it was there they struck this man on the back of the heads and you could hear the sound of the impact. i am thankful this victim survived. i know his attorney is saying -- the attorney of the militant is saying the sentencing is too severe. my response is it's not severe enough. >> sandra: meanwhile, you have taken to your twitter account to release video that you said

is -- was taken outside of your home on halloween night. images, video of these six different men who you claim were print-out masks of your own face pounding on the windows of your home and were looking at some of the recorded video footage that you posted. what can you tell us about what happened that night? >> it was a surreal moment. it looked like something out of the purge. i was home when this happened and terrified. i was home alone. this is my family's home. one of the things antifa does is release people's addresses online and give a wink to the comrades to come and do something. so they came with these printed masks of my face and pounding on the door trying to open the door. fortunately i had security footage. by the time the police arrived they were all gone. but i released it so the public can be aware of the

intimidation tactics of this violent extremist movement. >> sandra: we appreciate you coming on the program this morning. thank you. >> my pleasure. >> bill: we have new reaction from the joe biden campaign after a new poll showed him slipping in iowa. why the campaign says the former v.p. doesn't need the hawkeye state to win the nomination? are they right? our a-team is in the greenroom. left to right stirewalt, mary anne marsh and david avella. they're on deck next live. at bp, we're working every day to make energy that's cleaner and better. and we see possibilities everywhere.

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>> sandra: warren's medicare for all plan coming under attack from her 2020 rivals and even within her own party. welcome to a new hour of "america's newsroom." >> bill: how was the weekend? was it a thumbs-up? >> sandra: two thumbs-up. >> bill: how is monday? >> sandra: we're back. >> bill: i'm bill hemmer good morning, everybody. warren $52 trillion proposal. her plan under attack from just about every side including 2020 primary rivals. >> i am insisting that we deliver medicare for all who want it and at the same time in the name of freedom, let you decide when and whether you want it. that's how you get healthcare to every american. >> she is a good person. i just think getting that plan through in a democratic congress will be difficult. we can get it done immediately.

>> this is still a free country and when it comes to your healthcare and your family's healthcare and your life, i think americans should be allowed to make the choice for themselves about what is the best option. >> sandra: brand-new fox news poll putting joe biden back on top nationally. fox team coverage this morning. peter doocy tracking the campaign in iowa. a busy monday jam-packed hour with the a-team straight ahead. >> bill: first here is peter doocy live in mason city, iowa. getting chilly out there. that means one thing. it's on the way. how are you doing, peter? >> doing well. elizabeth warren is taking her $52 trillion medicare for all pitch on the road to iowa trying to explain how it is possible that middle class taxes would not go up with medicare for all even though the most prominent supporter of medicare for all bernie sanders says they would.

>> well, i think we start with the fact that we can have medicare for all without raising taxes by one penny on middle class families. that in fact what we can do is take 11 trillion dollars going forward in healthcare costs that families would have to pay out-of-pocket and bring that down to zero. that's the equivalent of the biggest tax break in american history. >> biden campaign says it's not possible. communications director saying about warren her plan would create a new tax on employers of almost $9 trillion that would come out of worker's pockets. and impact investments and capital gains tax that would affect far more people than she stated tonight. pete buttigieg is just as skeptical of warren's math. >> it is one thing when stl a different around the margins.

but different when multiple trillions of dollars of daylight. i think the biggest issue i'm hearing from voters above and beyond how to pay for this is am i going to lose my private plan? >> for the people that do not want to give up their private health insurance which is what would happen if the sanders or warren plans were put in place mayor pete buttigieg is asking them to give him a look in the early states. >> bill: peter doocy live in mass on city, iowa. want to bring in america's a-team. david avella. mary anne marsh and chris stirewalt. hello to all three of you. you guys have enough to talk about out there in the greenroom? you guys gabbing away. go ahead. chris, start. >> you know, the rap on elizabeth warren. too liberal. too far out of the mainstream, blah blah blah. that misses the point. i don't think she is a very

good politician. i think she is a rather poor politician, in fact. when i look at the mistakes that she made on this. joe biden was weak, he was tetering. he had the hunter biden debacle, was hanging by the thread. bernie sanders had a heart attack. elizabeth warren was prime to drive the lane. she didn't do it and couldn't do it. in fact, the thing that she did was roll out this just absolute whopper of a plan that nobody likes except for her own campaign and she squandered her opportunity. i see a person with terrible political instincts and a bad politician. >> sandra: she couldn't sell it to nancy pelosi. over the weekend she said this. >> i'm not a big fan of medicare for all. i welcome the debate. i think that we should have healthcare for all but it is expensive. who pays is very important. what are the benefits that come in there? >> the politics of the primary

this helps elizabeth warren trying to scoop up progressives and taken a lot of support from sanders and why she has rids en in the polls. her bet is she can take more and makes it easier for the sanders people to come over. >> bill: is she a good politician? >> she went from last january when people were attacking her over the native american issue to basically being the frontrunner. that makes her a dangerous politician. when you've gone in the barrel and come out stronger that's impressive. the bet she is making in the general election saying i'll give you the biggest tax cut, bigger than donald trumps. he gave it to 1% of the people. i'll make them pay for your healthcare now. >> bill: do you believe she is a good politician? >> yes, can she get independents to support it is the trick. >> bill: summing her plan up. >> every government that has followed a plan similar to elizabeth warren has gone to one thing, rationing care.

more importantly as you start looking towards the general election it is a tax you hear and a primary that you hear again in a general election. no that the trump campaign is collecting every one of these attacks that warren's primary opponents are using against her and you can expect to see them again if she becomes the nominee. >> sandra: dangerous politician. the "wall street journal" warns what would happen with a plan like this. u.s. corporations would relocate overseas. the headline. warren has a fantasy plan. financing and savings idea for medicare for all no relation to reality. it goes in and digs into the fact she wants to raise the corporate tax rate to 35% from the recently lowered 21%. companies will relocate. if that's what you do to pay for it they'll go somewhere else. >> two arguments, one against her opponents in the next debate. professor will show me your work. nobody else has a plan. show me what you'll done.

>> bill: the plan is a whopper. >> she did something with nothing. the republicans have done nothing. >> bill: $52 trillion over 10 years. $20 trillion in new government spending. new corporations taxes. get your arms around that. >> all have benefited from donald trump's tax cuts but none of the people returning $11 trillion to people so they don't have to pay premiums benefit middle class tax cut. >> sandra: elizabeth warren defends herself doing that in iowa yesterday. >> we are currently on a path that is going to cost americans $11 trillion over the next 10 years. if we do nothing, the squeeze on america's middle class will just keep getting worse and worse and worse. >> sandra: this is after she took 17, 18 times to dodge the question whether or not taxes will go up for the middle class. >> bernie sanders has a plan

and here is the sentence you did not expect to hear. bernie sanders has a much more realistic plan for addressing these concerns. he has been honest and said yeah, taxes will go up. when the taxes go up it will be offset by decreases in cost. i think it is worth it. liz warren a month ago was so close to being in the lead and the frontrunner, tantalizingly close, a couple points out. she was right there and guess what has happened in the month since? she has lost ground, bernie sanders has come back. joe biden is back up. i don't think she can get it done. i don't frankly think so. >> sandra: interesting. >> bill: we got this done. this was "saturday night live", nbc and you got part of this. >> we're talking trillions. you know, when the numbers are this big they're just pretend. it is a promise from a computer. you might as well say it's

costs $13 nun gillian. >> that's what the transcription says. we'll see what they have coming up next. joe biden's campaign manager don't believe they need to win iowa to get the nomination. technically they're right. >> we don't have to win iowa. we have a broad and diverse coalition. when you go through the numbers, iowa, warren has an edge now of 22%. seems to be -- they're all bunched up for second place, buttigieg, biden, sanders and klobuchar down the list. they're all within a point of each other. >> right now you have a rock them race in iowa. back and forth, up and down and close together. biden has to be worried about the giuliani factor, we'll win later, right? that doesn't work. however, i think you can lose iowa. donald trump lost iowa to ted

cruz and the world will little note nor long remember. here if buttigieg were to win in iowa that's a real danger for joe biden. a real danger is pete buttigieg sling shots out of iowa. picks up speed going into super tuesday. he is a candidate that can beat him. the expected outcome sanders or warren will win in new hampshire and iowa. if buttigieg takes off biden has real trouble. >> biden will not only lose iowa. he probably loses new hampshire and nevada. south carolina is fourth. he is not the nominee if that happens. the only way that works is if a different candidate wins each one of the first three contests and he wins the fourth. i don't expect that to happen. the more likely scenario is if warren wins iowa she slig shots to new hampshire and picks up nevada and you run the table. a lot of waiting in the poll.

nobody polls the iowa caucuses better than iowa newspapers. >> bill: you have your horses in the slot? >> for biden his challenge is he doesn't have the money. the others do. in these now it's when voters are thinking about their choice. the money that gets spent advertising will matter. this is an important factor and starting to hear about it. elizabeth warren now is courting the local elected officials and those who will ultimately be super delegates. let's keep in mind the democratic convention is still 16% of the democrats in 2020 who go to the convention will be super automatic delegates, new fancy word the democrats are using. that after the first ballot they all get to vote. so to mary anne's point about is she a smart politician? her campaign is certainly gearing themselves up for the long run.

>> sandra: the latest on impeachment. mary anne your piece foxnews.com. when pelosi sets her sights on something she will not be denied. trump should be worried. >> when nancy pelosi reluctant to pursue impeachment and trufm gave her no choice and she said she doesn't have the votes. nancy pelosi made her speech, presided over the vote and the vote for impeachment inquiry prevailed. so every time that trump has tried to stand up to her, she instead has stood up to him and called his bluff every single time. donald trump is playing a dangerous game with nancy pelosi. because she has artfully mastered this entire process to make sure that public opinion, including the fox news poll which you showed earlier, 49% of voters now support impeachment and removal in the fox news poll. she made sure public opinion has grown with it as they gathered the evidence to go forward. >> sandra: considering adam schiff is heading up that inquiry, chris.

>> schiff is not -- he is not an asset for pelosi. but he is in charge of the committee. the goal for democrats is to move it off of -- to get it out of behind closed doors, get these hearings going that we'll see here in the next couple of weeks. biggest advantage that pelosi has going for her, the republicans can't get a talking point of their own. mick mulvaney was closest to having one for them get over it. it is not impeachable. moving on they are still fighting over it is it perfect or not. what's the definition of perfection? the republicans need to figure out what they're going to say. >> bill: ken starr was with sandra 45 minutes ago. the witnesses today won't show up. here is ken starr. >> the drama will move down the street to the federal courthouse. judges will probably become involved now in terms of the enforcement.

the house has enormous power, let's never forget that but what the witnesses are saying is we have questions, the president has questions, let's take it to the judge. >> bill: watching all the back and forth over the weekend. now the focus firmly on the whistleblower whether he, she is ever identified or comes we can't determine. starr described the questions about the call he believes does not reach an impeachment crime. now you go to the question of credibility and bias on behalf of the whistleblower. let's have the witness face a cross examination in his view that's what is fair in america. you can do it behind closed doors but you can't move forward unless you have at least that. suggesting written answers will not fly. that is starr's position. will it happen? >> it cannot be said enough it's a political inquiry leading to a political trial by politicians, not a legal trial. that can't be said enough. and it's also interesting that you can have two things occur.

one, there can be a significant number of americans who would like to see impeachment not surprising given the last election results and the number of democrats in the country, the base of who wants the president impeached. and at the same time people prefer congress focus on what they care about. as you think about the 2020 elections, it is democrats who are putting themselves in a position particularly in the swing states that voters will say you spent way too much time on impeachment and not on things that we cared about. >> bill: i don't see adam schiff moving much on this position. do you see the whistleblower going behind closed doors? >> no. >> bill: taking questions from republican lawmakers? >> here is what we'll expect. three weeks from now the discussions will be substantially obviateed. it won't matter that much because it's in the transcript, right? trump is right, the transcript is there. he did it, right? republicans say it doesn't rise to the removal from office or impeachment but he did it. it's not like this is not an

impeachment question where people are living in doubt about whether or not the president did it. he did what he is accused of doing. the question is do you think it merits impeachment and removal? for most certainly a majority in the senate they'll say no. that's just as you say a political process and that's the political reality. >> whistleblower law is a law and protects the anonymity of the person who brings the charge. >> he didn't make the case this person is identify, just to face questions. >> you tell me if you go into a closed-door hearing with democrats and republicans someone is not going to come out and say who it is? that's a fact, number one. not only did trump confess to it even though he hasn't released the entire transcript which other people who have testified under oath including vindman that there are passages missing from that and inserted things that were never said

attributed to zelensky. we have to see that. >> sandra: the greenroom warmed you up a little bit. >> bill: a father and four daughters killed in a car crash a year ago after a driver in pickup jumped a highway median and slams into them. new outrage after the man behind the wheel got a year probation. is that here? >> sandra: homelessness in austin, texas, reaching alarming levels. the governor is taking big action. charles payne will be on deck. >> this is a famous place to live on the streets. everybody knows that. you want to live on the streets, go to austin. you don't have to buy food. they give you food, they give you money. you can party. when did you see the sign? when i needed to jumpstart sales.

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>> sandra: breaking news on other big stories we're following this monday morning. american, united and southwest airlines planning flight demonstrations for the boeing 737 max. they want to boost confidence in passengers once the max is cleared to fly. the aircraft has been grounded since march after two deadly crashes within six months. anti-government protests at a hong kong mall turned violent when a man with a knife slashes several people during clashes with police and today marks 40

years since the beginning of the iran hostage crisis. islamist protestors storming the u.s. embassy in tehran seizing 52 american hostages and setting off what would be a 444 day stand-off. >> bill: difficult story. tough to talk about. the case of a horrific crash in maryland that nearly killed an entire family. a new jersey man and four daughters are dead. the wife, mother survived. a man jumped the median and hit their car could have gotten 14 years behind bars. the judge sentenced him to one year probation. trial attorney heather hanssen with us in studio. tough story to read about. did the judge get it right or not? >> i think judge got it right. a terrible story. you feel terrible for the mother left without her family and with severe physical injuries of her own. you feel terrible for this man who has to live with the fact he killed four people.

there is no proof that he was drinking, no proof he was texting. no proof he was negligence. prosecutors did a four month investigation and he pled guilty to the charges of killing those people. the reality of it is this was just a terrible accident. could have been due to a coughing fit. the defense was he had copd and had a coughing fit and what caused him. >> bill: no texting or alcohol? >> they have investigators look at the size of the tire marks and phone and all those things to try to bring the biggest charges that they can. in this case prosecutors did that and ultimately they only recommended six months. what the judge did here is give the full sentence put him on probation. as long as he maintains probation he won't have jail time. >> sandra: the mother who survived it all says his one life will never be enough for the five people he killed. she is asking that he receive the maximum sentence 14 years.

it's understandable people hear a story about someone killing four people -- five people, the four daughters and husband, and only gets probation. >> totally understandable. we want to punish people when things go wrong. it is hard for us to believe some things can be accidents. but in this particular case the way that it seemed to have gone down is he had a copd attack, a coughing fit. jumped the median. a terrible accident he will live with for the rest of his life but you can understand the mother. >> bill: they took four months toin to investigate. enough time? >> yes. they can tell how fast he was going measuring the tire marks and say if it goes beyond regular negligence. they couldn't find evidence of any of the things we think about when we think about this type of tragic accident. >> sandra: it was amazing to me reading through that, that he chose not to say anything.

when his sentencing was read he wept, we are told. he was asked if he wanted to say anything, he said nothing. these girls were 20, 17, twin girls 13. >> that's difficult. i do a lot of mediation. one of the important things is to say something, to be able to turn to the family and say how sorry you are and how much it impacted you. the other thing is these things take time. i hope in time there can be some conversation between that poor mother and the man who will be responsible for the rest of his life. >> bill: you think the judge got it right? >> there is no proof he did anything other than cough. he had a coughing fit. >> sandra: wow. >> bill: thank you. heather hansen here in new york. >> sandra: called the largest single day prisoner commutation in u.s. history today in oklahoma. 450 inmates will be released. we are live on the ground with that next. >> bill: first however

tennessee republican senator marsha blackburn joins us to talk about a lot of things. the impeachment matter, the whistleblower and hearings. what she thinks of the president's defense so far and whether or not the process has been fair. >> the republicans have been able to focus on process. that's because they can't really defend the truth of the evidence that is being presented in these investigations. i have huge money saving news for veterans.

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and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, no appraisal, and no out of pocket costs. activate your va streamline benefit now. >> president trump: i call them the do-nothing democrats. they are doing nothing. they aren't getting usmca done. everybody wants it. even the democrats want it. they aren't getting anything done. even guns, they don't talk about guns. all they can do is talk about one phone call made to the president of ukraine that was perfect. it was perfect. >> sandra: president trump calling out house democrats saying they're obsessed with impeachment. this has the white house continues to block witnesses

from appearing on capitol hill. all four witnesses today not expected to show up for their depositions. we have marsha blackburn a member of the judiciary committee. what do you see as next with all of this impeachment stuff? where does it go? >> i think what we have to do is go back and look at what we do know. we do know that the whistleblower had contact with adam schiff and his staff. that he is a partisan democrat. that he is -- has worked for one of the presidential candidates. we do know he got some things wrong in the whistleblower report. whether he wrote it or adam schiff's staff wrote it. basically this guy is the front man for the whistleblower band. and they have created this narrative and they are going to stick with it. what we will see going forward is they are going to try to get people to come in.

we will see if they produce a report in the house and we'll see if they send it to us in the senate. >> sandra: is it smart for the white house to block these witnesses? some democrats say if the call was perfect just let them go forward and give their story. would you object to that? >> i will tell you this if i were one of the witnesses i would not agree to come forward until i had the same rights and protections are a afforded to every american citizen. >> bill: michael mccaul was with us at the end of last week and he wasn't messing around. he said adam schiff is complicit with the whistleblower. is there evidence do you believe that will come forward that can support such a charge? >> well, we do know that adam schiff lied about contact with the whistleblower. so as we move forward and i agree with representative doug collins that you should bring the whistleblower before the judiciary committee and adam schiff before the judiciary

committee and ask adam schiff did you talk to him? put him under oath. find out. we're finding out adam schiff had contact. he lied about that. so bring him forward. let us find out what that contact was and the participation of his staff. >> bill: the interviews today scheduled will not happen. we'll see how far that goes. at some point you see public hearings maybe next week. job performance here is what the fox news polling show. 42% approve. 57% disapprove of the president's performance. how do you stack that number up when you are looking at a campaign that is arguably already underway? is this administration -- does it have problems? >> what i do know is the "new york times" poll this morning in the battleground states i found to be very interesting. one of the things i always look at with polls is who are they

polling? and are they polling registered voters and likely voters? what we do know is that americans are very satisfied with the job numbers, the economic growth. we also know that americans are not buying the socialist agenda that is coming from the democrats. my goodness, elizabeth warren's $50 trillion medicare for all plan? 170 million americans would lose their employer-provided health insurance. people don't want this socialist agenda. they like the economic growth that is coming from the trump administration. they like the fact that there is regulatory relief coming from this administration. so i think they are in pretty good shape. >> sandra: interesting when you look into the polling, senator. when asked the question which democrat running for president can beat president trump according to the democratic primary voters, joe biden tops the list at 68%. elizabeth warren second.

should president trump and his team fear joe biden as the frontrunner the most? >> president trump is going to be on solid footing. i fully expect president trump and vice president pence to be reelected because americans are doing well. tennesseans talk all the time about how they have benefited from the trump economy. and they know that during the obama years they couldn't get a raise, couldn't get a job. kids couldn't get jobs coming out of college. they're satisfied where it is and fearful of what a democrat administration headed by elizabeth warren would bring their way. >> bill: one more question, too. going back to what ken starr had to say last hour. he said what the republicans in the senate should do is approach it the following way. we have questions about the phone call but none of this rises to an impeachable crime. have you had conversations with your republican colleagues about that particular defense

going public? >> there has been a little bit of conversation back and forth among members, as you would expect there to be. i will tell you this, what i have seen so far, what i've heard so far, what i've read so far there is nothing that arises to an impeachable offense. what we have to remember also is that bill clinton was impeached for lying under oath. and he had committed an offense and then he lied about it under oath. and the senate still did not convict him. >> bill: understood on that. within your conversations could you characterize what your republican colleagues are talking about, the way you answered that question. >> when i talk with individuals about this, whether they're house members or senate members, people realize there is nothing impeachable that is in that. and also we realize, bill, the democrats from day one have said they were going to impeach donald trump. that has been a goal.

now, they are so focused on they lost the election, they are filled with hate toward donald trump. it is their goal -- they see it as their job number one to impeach him. and the american people just don't see it that way. >> bill: what i'm driving at here. an important question. have you reached a consensus that the call was improper. could you characterize it that way? >> i wouldn't characterize it as improper. there is nothing there that is an impeachable offense. >> bill: thank you so much. hope you come back. marsha blackburn there in tennessee. to oklahoma now releasing hundreds of prisoners, the state is today in what officials will be the largest single day commutation in u.s. history. the parole board improved the measure for 450 inmates serving time for low-level offenses. we're live in oklahoma with more from there.

>> we are right outside of the gates of the correctional center where this location alone will see 70 women walk free today. not only a big day for the hundreds of inmates who are being released early around the state but also for the state which after today will no longer be number one in the nation for incarceration. >> matthew addison. >> those are just a few of the 460 people whose sentences are being commuted all for cases involve low-level drug offenses and property crimes. in 2016 voters in oklahoma approved a pair of ballot measures that reclassified certain felonies making them misdemeanors now. lawmakers voted to make the laws go into effect retroactively. the governor says they have more work to do in terms of prison reform it's a huge first step with more to come. >> this group of non-violent offenders are just a part of

this story. by the end of this year we are anticipating we'll have 2,000 empty beds in our system. >> now of the 462 inmates who are being released today, a total of 1,931 years are being commuted. there is also a money factor in this move as well. the governor's office estimates the state will save nearly $12 million by releasing these inmates early. now the state has also held a reentry fair of sorts for the inmates being released early getting them state i.d.s and driver's licenses, help with housing as well as jobs. so when they do get out they get back on their feet. >> bill: jeff paul live in oklahoma. thank you, sir. >> sandra: it is a record-setting day for the stock market but joe biden says president trump has squandered the obama economy. is that a fair claim? >> bill: also state of texas grabbing a problem by the horns before it gets worse.

launching a major crackdown on homeless encampments in one major city. charles payne here next. >> our city and council and mayor are a bunch of idiots. >> they need to help themselves as afp as we help them. >> we are spending money to deal with it but it is not affecting the problem.

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>> the cleanup begins. the questions are now how to address these situations? what really occurs you get these big tech hubs. you think about all the stories, california, los angeles, silicon valley, san diego, san francisco, seattle and interesting enough on the same day this is going down we have apple saying they'll provide $2 1/2 billion to address the homeless situation. so they acknowledge that maybe in some of these cities where they are, they drive prices to the point where people cannot afford to live there who might have been living there. an example. in austin, the cost of living in texas 20% higher than use ton. housing 50% higher, healthcare and utilities are higher in austin. if you don't happen to have tech skills but fifth generation in austin you could find yourself without a home. >> sandra: a civic responsibility to do that. >> right. i think listen, you can't have it where you put what they call

hostile architecture. you put the bench with four arms so no one can sleep on it at night or the big boulders on sidewalks. that's a dumb thing that has been tried in seattle and san francisco. >> bill: i was telling smitty read willie brown, the former democratic mayor of san francisco. read his column. getting out of a traffic jam in oakland, california and describing the homeless camps set up there and the camps have televisions on inside. revealing. >> l.a. they're small towns within a town. >> sandra: all right. meanwhile we're looking at another record high for the u.s. stock market. dow, s&p, nasdaq hitting all-time highs. dow up 143 points. steve moore is taking on joe biden for talking about the fact that he says that the president has squandered the obama economy. no, joe biden, trump hasn't done that.

here is the truth. steve moore writes the biggest threat to the economy now is we may repeal the trump growth policies. if it comes to pass we'll learn the bitter lesson that the good old days under obama really weren't so good at all. >> let's go to the numbers. january 2017 trump comes in. where we are right now. if we squandered it the numbers would say it. now the unemployment rate is 3.6%. the smallest ratio gap between black and white unemployment ever. less than high school unemployment, it's 4.7%. all of the critics who say why are these people with no high school education going for donald trump? they tried to dis trump and the votes who voted for him. labor force went from 159

million to 164 million. homeownership on the rise from 63.7% to 64.8%. even federal prison population has declined. so you could argue the better argument that biden used to make he inherited our economy. but you can't say president trump squandered anything. >> bill: look at the numbers. well done. >> it's what i do for fun. >> bill: see you at 2:00 on fox business. >> sandra: president trump stopping by the big fight at madison square garden over the weekend. so the ongoing question is are you hearing cheers or jeers? a lot of media outlets saying the latter and now the trump family is firing right back. carley shimkus is on deck on that.

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>> bill: breaking news on the fight over the president's tax returns. a federal appeals court will not block a subpoena from new york prosecutors seeking trump's accounting records. the court rejecting the argument that trump has

presidential immunity from state grand jury investigations. now, if trump's attorneys appeal, the case could be headed to the u.s. supreme court. we're waiting for more information on this. it's just crossing right now. stay tuned and we'll bring it to you as we get here. >> sandra: meanwhile president trump's appearance at a ufc fight at madison square garden over the weekend sparked a big debate. was the crowd cheering or booing? listen together. all right, so what did you hear? carley shimkus is here with fox news headlines. hello. >> this reminds me of that viral audio clip where everybody is disputing what they heard in the same exact clip. face-to-face a mix of cheers and boos, i spoke to somebody who was at the fight and said the exact same thing. you wouldn't know that if you read a majority of the headlines which were very

negative. got some right here, cbs news says trump booed at ufc event in new york city. cnn writes trump met with loud boos, some cheers. the president donald trump junior hit back by posting another clip. you can see people cheering and what not. the president's relationship with the media one for the history books. it wouldn't be hard for media outlets to report it was a mixed reaction. >> bill: was the dress blue or gold? >> it's one of those things. >> sandra: here we go. >> bill: stand by. you make a call. trump junior tweets this. here is another one from higher up. nice try, fake news, fakers

going to fake but you drive home the fact you guys are biased beyond repair. >> betting booed isn't uncommon. president obama received boos as well. >> sandra: it's new york. >> a crowd of potentially drunk sporting fans is not a litmus test for how the nation feels about the president. >> do you see the expressions on the fans? they're like oh. >> it was a big night. >> bill: gladiator material. you can see the expressions of those sitting there. >> he is a big ufc fan. i didn't know that. he has a history with the ufc. now i do know. >> sandra: one former ufc fighter spoke out kennedy spoke out about the whole thing. do we have time? >> you're looking for an accurate swath, population of the country, manhattan is not it.

77% democratic. it is not like you are in texas or kentucky. it is primarily a blue state especially that city. and even there he is being cheered. huge applause. there were boos but they are pumped he was there. >> there you have it. >> bill: thank you, yellow dress? >> white and gold. >> bill: you are down for white and gold. a manhunt underway in california for two escaped murder suspects. both considered dangerous. details on how they got out coming up in a moment. veterans can refinance their va loans with no income verification, no appraisal, and no out of pocket costs. newday has extended our call center hours so that every veteran in america can take advantage of this unexpected drop in interest rates. one call can save you $2000 every year. to start saving on your next mortgage payment go to

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>> sandra: fox news alert. defeat for president trump in court as new york prosecutors fight to get their hands on his tax returns. welcome to a brand in your how of "america's newsroom" monday morning here i'm sandra smith. >> bill: good morning. i'm bill hemmer. federal appeals court ruling moments ago the president does not have presidential immunity from grand jury investigations. the battle now may be heading to the u.s. supreme court. we have live team fox coverage in a moment and we'll get to the justice department live. we'll begin now at the white house with chief white house correspondent john roberts on the north lawn. good morning. >> good morning. a case that's been going on for some time now. a federal district judge in new york city who ruled that the president had to hand over at least not the president but the president's accounting company had to hand over eight years of tax returns to the manhattan

district attorney cyrus vans junior. the president's attorneys appealed it to the second court of appeals handling manhattan. the second circuit has now come down with a ruling upholding the district court judge's decision that the president's accounting firm has to turn over those tax returns. in the opinion the judges make a distinct between a criminal proceeding and a grand jury investigation. don't forget, this was a subpoena that was issued by a grand jury that was impaneled by the manhattan district attorney. the panel saying we hold however that any presidential immunity from state criminal process does not extend to investigative steps like the grand jury subpoena at issue here. we accordingly affirm the district court's decision on the immunity question. that means the president is not immune from this which we

construe has an order and remand for further proceedings. it doesn't mean the white house and president have lost the final battle here. again, this was decided by a three-judge panel which included the chief judge and two circuit judges. the president has a couple of options. his attorneys can appeal to the second circuit for what is called a hearing where all the judges in the second circuit would rehear this case and decide the case, or they could take it to the supreme court. we're still awaiting a decision on what they'll do about a similar ruling in the washington, d.c. circuit court of appeals, a three-judge panel determined the president did have to hand over his tax returns. we don't know if they are going with that or the supreme court. they may be gathering all of this together and take it right to the supreme court. i expect to hear from the

president's attorney jay sekulow in a few minutes after he goes through the rather lengthy decision. the bottom line here. the second circuit court of appeals upholding a federal district court judge in manhattan's opinion that the president's accounting firm has to turn over those eight years of tax returns to the manhattan district attorney for investigative purposes. we should point out this means that those tax returns could be used to develop investigations. they can't make them public at least not yet. maybe if they do develop some sort of investigative material that leads to a subpoena or indictment then some of that information may come out. we're still a long way from that. >> bill: all right. news when we get it. thank you, john roberts running it down for us today. >> i am beyond honored and excited for a president who

will fight against western imperialism and fight for a just -- >> sandra: congresswoman ilhan omar telling the crowd why she is backing him and calling for a mass movement of working class americans to beat donald trump. joining us now katie pavlich and richard fowler, both fox news contributors. good morning to both of you. richard, what did you think of her message there? >> i understand what she was saying. sort of the same thing you hear from donald trump. we need to end some foreign wars. we need to bring our troops back home. we need to do everything possible to insure america works on rebuilding america and insure we work on middle class issues, decreasing the price of prescription drugs and i agree with that and i think most americans do. >> sandra: she not only said, katie, this mass movement of the working class the needed to take down the president. she called for an end of

western imperialism. that's how she put it. >> it's no surprise that congresswoman omar would say something anti-american and anti-person. she has been very clear how she feels about western values unless they benefit her. on the political side of things she makes the argument that american workers should take out president trump in 2020 and replace him with a democrat in the white house. well, the news is and the facts are the president is the one who has got a lock on american workers and democrats while they continue to focus on impeachment democrats in places like iowa are getting a lot of pressure from their constituents who are not republicans or conservatives asking the question why aren't you passing the usmca? it's something that nancy pelosi has admitted will pass in the house. she hasn't put it up for a vote. it would pass in the senate. something that would help american workers, farmers and one of the democrats' crucial voting blocks labor. so if they really want to use american workers to get at president trump they have a lot of work to do and it doesn't seem they're willing to put

those things on the table for a vote because they don't want to give president trump another win on that issue. >> sandra: in this bloomberg interview over the weekend she made a lot of news. she very specifically issued a warning to her fellow democrats about the upcoming election. here is nancy pelosi. >> hopefully as we emerge into the election year the mantra will be more healthcare for all americans. there is a comfort level some people have with their current private insurance. remember november, this is a time when we have to win the electoral college. >> can you win it with medicare for all sf >> it would increase the vote in my own district but that is not what we need to do in order to win the electoral college. >> sandra: we have to win the electoral college. >> pelosi is right we have to

win the electoral college. we either make the affordable care act or number two, democrats have to do a better job explaining why medicare care for all is okay. there is a lot of republicans and working class families that voted for donald trump in this past election and the question they ask today are they better off than they were four years ago? coal miners have shut down under donald trump than in all eight years of barack obama. the truth of the matter is iowa farmers who once had a great bustling farm with lots of business are losing business because of donald trump's unfair and reckless trade war with china. >> if you talk to a lot of those farmers in the middle of the country they're happy that the president has finally taken on china because they've been getting the short end of the stick when it comes to trade deals for a very long time. and while democrats continue to criticize the president for his dealings with china which seem to be moving in a forward direction for america as

china's economy starts to collapse, they refuse to pass the new trade deal usmca to replace nafta which chuck schumer and nancy pelosi are on the record saying needs to be replaced. democrats can focus on impeachment which their constituents aren't interested in or focus on substance and go back to their constituents and districts that president trump won in 2016 and make the case they should keep that seat and democratic hands. nancy pelosi i'm glad to see has not jumped on the band wagon of throwing the electoral college under the bus because they couldn't win it last time. >> sandra: she said more in that interview. what works in san francisco does not necessarily work in michigan. remember november. you must win the electoral college. liz peek takes on what she said in her piece. two pelosi errors that could cost democrats the election in 2020. she made two errors that could cost democrats the elect sthun in 2020. the first was putting adam schiff in charge of the

impeachment inquiry. the second is not reining in a squad whose extreme progressive voices have pushed the democratic party to the left alienating much of the country. >> i don't share in that concern. if rotting soybeans on the shelves and farmers who take bail-outs from washington republicans can have that argument. two to liz peek's two arguments. the truth of the matter is when you think about where the party is and where our country is based on a call made on july 25th where donald trump engaged in a call with the ukrainian prime minister after withholding money to ukraine to fight russian aggression. that's what it's about. if republicans want to talk about process -- >> sandra: will it be a problem to have adam schiff running that impeachment inquiry? that's the question. i want to get katie to respond. >> of course it's a problem. adam schiff's credibility has been completely destroyed since the russia investigation. he has told the american people

lies repeatedly about evidence hiding in plain sight. now there are serious questions about his involvement with the whistleblower and whether he actually helped the process along and kept his fellow committee members in the dark when it came to the complaint that was filed and the issues that were raised. if you want to talk about phone calls that a president of the united states is having with foreign leaders, i guarantee if you went back to any president, republican or democrat and picked through their phone calls you could find something that would arise to this bogus allegation of impeachment offense by the president. democrats are using this because they have a weak political field going into 2020. they aren't argue on substance and this is what they're focused on. nancy pelosi, it is true she has had a real problem reining in the squad. bernie sanders having someone like congresswoman omar is not serious about winning. the squad is toxic when it comes to winning swing states

democrats need to win an electoral college. >> when it comes down to credibility and lies we can point our finger at the white house. >> donald trump beats schiff. >> donald trump lies and not credible. >> sandra: whether it was an impeachment offense. you heard ken starr saying he wishes the president wouldn't call it a perfect phone call. the country needs to ask if they think it's impeachable. i move to kamala harris, the news over the weekend is laying down staff and shutting down offices in new hampshire. are her days coming to an end? >> we'll have to wait to see the next debate. i think she has run a strong campaign. it is all about money and burn rate on the campaign. iowa they're reshifting focus to iowa. a smart idea. she has to do very well in iowa. the polls show her slipping there. she will put her focus there and see if she can win support. a tight democratic field. 90 days out from the iowa

caucus. all candidates will be focused what are they saying to iowa voters to get the voters to vote for them in the upcoming iowa caucus? >> sandra: you tweeted the news over the weekend kamala harris it's over. >> it's over. new hampshire is after iowa and her campaign collapse here. she was never sincere or secure with her own positions. tulsi gabbard completely took her out in the debate when she called her out on her record and harris couldn't defend it. she has never been capable of defending the reason why she was a prosecutor in california. other people have been able to do that. amy klobuchar was also a prosecutor and making the case without getting nailed for it during the primary and changed her position a number of times based on what other candidates were saying. you had bernie sanders saying he wanted fellons to vote from prison. she jumped on that and changed her mind.

take away private health insurance and then changed her mind on that. it comes down to she was never secure in her own policy positions. when you run against a field of this many people you have to know what you're talking about. >> sandra: we'll leave it there unless you have final thoughts. >> some points katie is making are true. she had some issues. the democratic field there is not an appetite for a prosecutor's voice. the harris campaign struggled with abandoning some of that prosecutor tone and voice and why she is in the situation she is in right now. >> sandra: appreciate both your time this morning. thank you. >> bill: fox news alert on a manhunt heating up for two escaped murder suspects after they broke out of a california jail. authorities warn the two men are dangerous. both were behind bars awaiting trial on multiple charges including murder. robert gray is on the story live in l.a. what do we know? >> the two inmates are on the

run after escaping from the adult detention facility in the early morning hours yesterday. missing during a routine head count but no further details about the jail break have been released. 21-year-old and a 20-year-old had been in custody since 2018. the monterey county sheriffs office says the two men were awaiting trial on unrelated murder counts and also numerous other felony charges. media reports say the murders both men are charged with were gang related. residents should use extreme caution if they see them. >> these guys were in jail for murder so we have to consider them dangerous people. during the search we found some of their inmate clothing just outside of the perimeter. we know that they did make it outside of the jail. >> the sheriffs office says their focus and resources are dedicated to finding and capturing the two men. law enforcement office is

offering a $5,000 reward for information that leads to their arrest. investigation is also focusing on how the pair managed to escape this high security facility. another inmate climbed his way out of a ventilation duct at the jail rehabilitation center five years ago and was later captured and arrested. >> bill: wow. thank you, robert gray in los angeles on that. thank you, sir. >> sandra: fox news alert on the breaking news that we got a few moments ago. the trump legal team is responding to the appeals court ruling regarding the president's tax returns. this is a statement from president trump's -- one of his personal attorneys saying the decision of the second circuit will be taken to the supreme court. the issue raised in this case goes to the heart of our republic. the constitutional issues are significant. so that is reading directly from the statement of jay sekulow, counsel to the president on this breaking news a few moments ago. >> bill: it or iginates in new

york state. the judge is coming up in a moment and get him on deck to explain how it could unfold. breaking news on that. elizabeth warren getting the snl treatment over her medicare for all plan. how do you pay for it? we shall go beyond the headlines with former snl star joe pis ---investigating the investigators. the scope of the i.g.'s russia probe expanding. how wide will it go? >> i hope mr. durham's report comes and investigation gets done as quickly as possible. i have confidence in mr. barr. he is doing the job we expect from the united states attorney general and he has tasked mr. durham to get to the bottom of

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say nba league pass into your voice remote to upgrade for a great low price - or go online today. >> sandra: southern california crews saying the maria fire north of los angeles is 70% contained as president trump sparks an online firestorm telling california's governor to get his act together on forest management threatening to withhold federal wildfire

aid. the governor firing back at the president for not believing in climate change. >> bill: mcdonald stock is slipping after they announced the ceo was leaving the company after a consensual relationship with an employee. we're live outside mcdonald headquarters in chicago, illinois. >> the company says that the ceo had poor judgment by having the relationship and cost him his job. we reached out to his attorney and about the relationship and how it came to light. neither would comment. the attorney provided the statement saying he acknowledges his error in judgment and supports the company's decision. he will not be commenting further at this time. mcdonald's didn't say exactly which rule he broke but website outlines its dating policy which says employees who have a direct or indirect reporting

relationship to each other are prohibited from dating or having a sexual relationship. if any employee feels they're in violation of this policy they are supposed to report it to h.r. mcdonald's quickly moved to name his replacement. his is overseeing u.s. operations for mcdonald's for the past several years and with the company even before that. we should point out mcdonald's says the firing is not related to the companies financial performance. while easter brooke was at the head of the company the stock doubled. >> bill: how did the severance package come down? >> we just learned of an fcc filing that outlines the package. he will get six months of severance in a lump sum. as far as the dollar amount on that it's unclear. a lot of his pay is based on stock performance of the company. his salary in the past few years has ranged from $8 million to almost $22 million.

>> bill: we're live in chicago. nice to see you, grady. >> sandra: record breaking day for the stock market. the dow hitting an all time high. mcdonald's is down 2 1/2%. not getting in the way from the rally continuing in wall street. >> bill: did you read the letter on sunday? matter of fact. i'm out of here. get behind chris the new guy in charge and off we go. >> sandra: he was responsible for a major turnaround at that restaurant chain and severance package. he can't go work for another restaurant chain for two years. quite a story there. >> bill: big changes at the mcdonald's. 23 past is hour. >> sandra: iran announces a new violation of the 2015 nuclear deal on the 40th anniversary of the takeover of the u.s. embassy in tehran. what needs to be done on iran? former senator joe lieberman joins us live next. >> bill: the russia probe is expanding. what we're learning and where it stands in a moment shortly.

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aetna medicare advantage plans call today. we'll send you a $10 visa reward card with no obligation to enroll. or visit us online at aetnamedicare.com/tv. >> sandra: u.s. attorney john durham expanding the scope of his investigations into the origins of the russia probe. william barr says he is willing to see the chips fall where they may as gop lawmakers sound off. >> it was really a sad day what the democrats have subjected the nation to in the last 3 1/2, four years. i hope mr. durham's and investigation gets done as quickly as possible. >> sandra: we're live from the justice department on that. >> president trump has repeatedly asked to investigate the investigators. this is exactly what the john durham probe does. it is an investigation into the origins of the russia probe and

we know now sandra as of a few weeks ago it is criminal. u.s. attorney john durham out of connecticut started as an administrative review if may and now it has changed. he can now impanel a grand jury and file criminal charges. on the south lawn yesterday of the white house we asked president trump about the progress of this investigation. listen. >> president trump: we'll see what happens. i do not get involved with it. that's up to them. by the way, i would be allowed to get involved with it if i wanted to but i chose not to. it is up to bill barr. the john durham investigation is a very important -- i feel one of the most important investigations in the history of our country. >> attorney general bill barr in an interview with fox news just last week said he has handed the investigation completely over the durham. barr did meet with durham in italy to introduce him to

members of the italian government to assist mr. durham. >> i initially discussed these matters with those countries, then introduced them to john durham and established a channel by which mr. durham can obtain assistance from those countries but he is in charge of the investigation. i'm not doing the investigation. >> he mentions countries it's not just italy. we're talking about the u.k. and officials from the australian government. also the i.g. inspector general report will come out at some point soon and give us an idea into surveillance into the trump campaign and see how that plays into the durham investigation. president trump happy about the durham investigation. attorney general bill barr says he has handed the investigation completely over to john durham. >> sandra: we await that. thank you. david. >> bill: news out of tehran. iran violating the nuclear deal

again saying it will double the sen try faoujs to enrich uranium. joe lieberman, nice to see you again. welcome back to "america's newsroom." so apparently they mean business. what are you to make of this news here before we talk specifics? >> well, they've decided that notwithstanding what they said earlier about continuing to follow the iran nuclear agreement, that they will break out of it. i think in some sense the announcement they made in the last 24 hours indicate that they had already broken out of it earlier. i want to say how significant this is on the 40th anniversary of the seizure of the u.s. embassy in tehran. holding more than 50 americans hostage for 444 days. that was the beginning of our

understanding of how evil and anti-american and lawless this new government in iran was going to be. it has only gotten worse every day, every year since then. to me they represent the biggest threat to america in the world and that's why united against nuclear iran is convening on capitol hill a commemoration of the 40th anniversary. three of the hostage survivors who will talk to us about what they went through. it should stiffen our backs and make us focus on the campaign of maximum economic pressure that president trump has initiated and carried out against this government. >> bill: i look at some of the details. i.r.6 advance centrifuge. they have 60 operating. ir6 centrifuge can produce uranium 10 times as fast as those allowed under the accord. isn't it just a question of time?

>> yeah, it is. the ir6 which they have been employing in the iran nuclear agreement for some period of time is way beyond what they have been allowed to do and announced to go to a higher level of the ir and 50 times more powerful. to me the iran nuclear agreement was a bad agreement for two reasons. one it gave the iranians for nothing over $100 billion which they distributed to terrorist groups around the middle east and the world. but the second is it didn't achieve what the economic sanctions that i and many others in congress and both parties imposed over the years which was the end of the iranian nuclear program. it put the brakes on for a short period of time. in some ways legitimized them to developing nuclear weapons after 10 or 12 years. well, i'm glad the president trump broke out of that agreement and now we see what

they're doing. i think we have to continue to really give economically strangle iran but also be prepared if necessary with our allies in the middle east in the arab world and israel to take military action against them. nothing else will stop them. >> bill: would you encourage that military action against iran? >> it's always a last option. everything else seems to fail with them. i don't want them to be fearless. i was fascinated incidentally, bill, in the traditional demonstrations that they have on every anniversary of the hostage taking of americans in 1979, yesterday they had their typical anti-american, anti-israel slogans and posters but they also had anti-macron, the president of france, and even though he was the one that was trying to come up with some sort of compromise agreement to get them back.

so that's failed. >> bill: can i just get to another thing here? it's just not the nuclear deal. the state department is leveling an allegation that iran spends a billion dollars a year supporting terrorism. this u.s. state department says iran remains the world's worst state sponsor of terrorism. the regime has spent nearly a billion per year to support terrorist groups that serve as its proxies and expand its influence across the globe. in the last three minutes we've talked about two significant issues that work against american policy. what are we prepared to do about that or what can we do about that? you just touched on a military response. that -- >> i think that's something that the people who run iran which comes right up to their supreme leader have to think --

have to be fearful of that every time they wake up in the morning or go to sleep at night. because they are really a second-rate power. we're much more powerful than they are. but again, think of what you said. the state department said just recently in its annual report that iran is the largest sponsor of terrorism in the world. they fostered aggression and death throughout the region. i can make the case on the facts that the iranian government has been responsible for the deaths of hundreds of americans in lebanon, in iraq, and frankly elsewhere in the world. so these are our unreconciled enemies and we have to treat them that way. >> bill: you wonder if you can turn it back at this moment? doesn't really seem possible. >> it doesn't seem possible. >> bill: i look at all the

options on the table, none of which are good, senator. >> i absolutely agree. the military option is not a good option but it always has to be on the table and has to be in the mind of the supreme leader. president obama tried to negotiation and negotiated a deal that didn't make the region more secure at all and gave them more money to support terrorism. any time one of their -- the foreign minister seems to say something peaceful the supreme leader overrules him and it's one person's power in that country. they hold elections but they aren't real elections. >> bill: i'm almost out of time but looking at the democrats for the nomination here and seeing medicare for all and i'm seeing a lot of slings and arrows going back and forth. we're into that season. in the meantime you are on the hill looking at impeachment proceedings going forward full stop. what are you to make of where we are at the moment?

>> well, we are today, america is more divided politically than any time i remember in my adult life. it is not good for the country. i'm co-chair of a group called no labels which tries to elect to congress people who will work across party lines to get things done. it is not all moderates. could be liberal or conservative but you have to be willing to come and have a discussion, compromise and get something done. we have more than 1,000 people up in a hall in manchester, new hampshire yesterday plain angry. they're angry at everybody in office. they want people to focus on getting things done for the country. solving our problems. and it's not happening now. i think that may be a kind of growing issue in this presidential and congressional campaign year. i hope so. >> bill: senator, good to see you as always.

joe lieberman there on the hill. thank you, sir. >> if this was a fight that i will fight through every single moment. it's just like the fight that i teach my children. we don't fold, we don't quit, we don't back down. we keep going. we might have been dealt a bad hand but it doesn't mean that will stop us. >> sandra: that was lisa tuozzolo as she was preparing to run her first new york city marathon in honor of her sergeant paul. he was killed in the line of duty. she completed the grueling 26.2 miles surrounded by her husband's brothers in blue. her time was just over 5:30. well done. the nypd tweeting their congratulations to her. being strong and being an inspiration to us all. we're so proud of you. we are proud of her. >> bill: she is awesome. we met her last week. good energy and enthusiasm toward life and a good cause.

>> sandra: watching the marathon runners. >> bill: you are a runner, right? >> sandra: not marathon. >> bill: i don't think i'm going to. if i do i'll ask you for a contribution and raise money for charity. >> sandra: you were on the racecourse. >> bill: there are hundreds and thousands of inspirations that run by you every step. what they are able to do over 3 hours or 4 hours or however long it takes you, hats off to the effort that you put forward on the streets of new york city over the weekend. >> sandra: every person walks away with a great -- >> bill: great spirit. well done. >> sandra: a lot of fox newsers on the course. >> bill: senator warren rolls out medicare for all with a takedown from "saturday night live". >> sandra: stunning numbers on how many americans are burned out at their jobs. we'll go beyond the headlines with comedian joe piscopo next.

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>> we're talking trillions. when the numbers are this big they're just pretend. >> sorry, senator, i'll need to see the math on that. >> you want to see the math? i'll show you. look at this here, yeah. do you understand this? i do. i can explain it to you but you would die. >> sandra: "saturday night live" taking aim at elizabeth warren. let's go to joe piscopo. "saturday night live" with you, joe. that skit you are a big fan. >> she is brilliant. to go in and do a cold opening like that with all that dialogue. it had to be a five-minute cold

opening. i know from the experience and heat of the battle you have cards. i didn't see her look at the cards once. the performance was brilliant. i always joke around with neil and then with maria this morning. elizabeth warren looks like she is so excited all the time. jerry lewis, the female. like she will take off. kate nailed it. it was brilliant and fun to watch. >> sandra: so versatile thinking back to the hillary clinton skits. >> right. she was great. the whole show was good. the snl show was great. it gets criticized getting too political. if you watched this week it was funny. you don't cut funny. i always say that. they stayed funny and did the conan the dog press conference. hysterical. >> sandra: say goodbye to beto o'rourke. in the middle of this moment to be able to laugh. it is so important. you feel it's sort of lost.

>> i have to say that's the mantra of the radio show if i may. hi, bill hemmer. we're on the radio every morning 6:00 to 10:00 and some gal said you are like sunshine. she called, what? keep it positive. we have to put aside the divide. we can all laugh at each other. that's the mantra. i did a show saturday night. a live show with all the radio listeners. we were all together and love the country and patriotic. america is the greatest country on earth. put aside the divide. we can laugh at each other. >> sandra: it is okay to laugh. we need it. >> nice to see snl nail it and crush it this weekend. >> sandra: the world health organization says that burn-out at work is a real thing. they are now calling this a legitimate illness. legitimate health syndrome they

call it. >> reminds me of the whiners. we used to do the whiners. i don't want to work. it's too much. i'm burning out. i can't do it anymore. oh, stop whining, come on. if you are working you are lucky that you are working. the economy and the country is great. embrace it, live it. i think everybody is a little too sensitive. you go into snl sunday night and you think about it. writing monday and tuesday. read-through wednesday and i appreciate what they do. what they said, i quote the godfather. when you take a job and in a job you have to say to yourself this is the business we chose. they said that and you should embrace it i think. >> sandra: you won't always love it. >> sometimes there are tough days. when something happens in politics on the radio show and

god forbid a terrible thing that happens in the news that's a great point. that's where i get upset. i have to report the bad news. there are times when i see this impeachment ridiculous impeachment hoax. we know what it is. we're tired of it. we went through the mueller probe. >> sandra: you are getting political now. >> when i'm on the show i bypass it. see what's going on. we know it's a hoax and we go for the fun and the laughs and i think we need that in this country. >> sandra: the moral of this story get some sleep. if you're burning out get sleep. it helps everybody. great to have you here this morning. >> bill: how about a line from sinatra, joe, come on? ♪ fly me to the moon, let me swing among the stars ♪ >> bill: come on back any time. joe, nice to see you. in a moment breaking news on the fight over the president's tax returns heading to the u.s. supreme court. a statement from the white house and we'll bring it to you. the president's lawyer is jay sekulow. that statement is coming up

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itreat them all as if, they are hot and energized. stay away from any downed wire, call 911 and call pg&e right after so we can both respond out and keep the public safe. >> bill: want to get to breaking news. figure what it means. federal appeals court will not block a subpoena from new york prosecutors seeking president trump's tax records. a u.s. supreme court appeal is in the works.

the judge andrew napolitano here on set. hello to you, sir. what happens next? >> well, the united states court of appeals for the second circuit is right below the supreme court. they ruled there is no broad immunity for the president for behavior that he engaged in before he was in the white house. this subpoena is for his tax returns and the trump organization corporate records from 2015 and 2016. it also ruled that since the subpoena is not to him but to his accountants it doesn't require him to do anything that might be disruptive of his job as president. it is consistent with what a trial judge ruled when the president sought to throw out the subpoena. what happens next will probably be an application to a single justice of the supreme court to stay, to stop the effect of this decision until the court can decide on whether or not they want to hear the case. justice ginsburg because she is

assigned by geography to hear appeals from federal courts coming from this circuit. >> bill: why if i'm a u.s. sitting president am i not immune from prosecution? >> this addresses investigation, not prosecution. no one is immune from the government investigating their behavior. in this case the behavior being investigated occurred before he was president and what caused the court to say there is no immunity. the court expressly did not rule -- did not rule on whether or not a sitting president can be prosecuted by a state court. the answer to that is he probably cannot. that's a guess from me. >> bill: the request for the accountant, ginsburg does what and then what happens after that? >> if she stays the effect of this decision then the court has all the time it wants to decide whether or not to hear the appeal. if she doesn't stay the effect of the decision, i would imagine the president would then appeal to the entire court asking for a stay. if no stay is issued, then the

subpoena will be complied with. it is not a subpoena to him. >> bill: november 2019. how does this play out timetable-wise? >> if a supreme court were to hear this i think they would hear it in an emergency basis, before christmas. >> bill: wow. >> they know how important it is. there is a companion case in washington, d.c. this went against the president whether he has to furnish his tax returns to the congress. >> bill: thank you, buddy. >> sandra: fox news alert now. getting word the committees running impeachment inquiries getting set to release transcripts. details on that next. when their windshield got chipped. so they scheduled at safelite.com. they didn't have to change their plans or worry about a thing. i'll see you all in a little bit. and i fixed it right away with a strong repair they can trust. plus, with most insurance

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>> see you back here tomorrow. "outnumbered" starts now. >> harris: we begin with a fox news alert, we are waiting remarks from the house intelligence community chairman adam schiff. democrats release the very first transcript from closed-door depositions. this is "outnumbered," i'm harris faulkner. here today, melissa francis, host of "kennedy" on the fox business network, kennedy. marie harf, and in the center seat, host of "the next revolution," steve hilton is here. "outnumbered." we will get to all of you in