waco and out stepped harry patterson, a decorated vietnam veteran and he said you're going to need my playing. it's fantastic. >> bill: thank you, everybody. a breaking news from the middle east, the violence now escalating there. militants firing dozens of rockets into israel after a senior islamic jihad commander was killed in an israeli air strike. the israeli prime minister benjamin netanyahu said the targeted militant leader was planning a new attack. he called a ticking time bomb, a barrage of rockets fired into israel in retaliation. a breaking story developing at this hour, a live report coming up here. first, the u.s. supreme court set to hear arguments in the landmark immigration case. the trump administration trying to make the case that daca should be dropped entirely. good morning, everybody.

i am bill hemmer live here in new york city. nice to see you again. a rocking three hours. >> julie: i am julie banderas in for sandra smith. the fate of undocumented immigrants who came to the u.s. has children will be in the hands of the justices in just one hour from now. >> bill: hundreds leading up to watch it and whether or not the trump administration can end the obama era executive order that shields the dreamers from deportation. >> julie: chief justice john roberts may be the key vote. we have shannon bream live at the supreme court with the very latest. >> so much at stake today, the estimates are 7,800,000 who were brought here illegally as children, this is a program that was instituted under the obama administration. this administration has argued that it was unlawful and unconstitutional, so they wait in limbo while we wait to see what happens.

the government has argued any brief by the solicitor general says this, ending daca would send a strong message that children who are sent or taken on this perilous and illegal journey will not be afforded preferential treatment. this gives them a work permit and protection against deportation. the government says it's not unsympathetic but it's established that encourages people to bring children here illegally and i thought to be stopped. one of the judges who rule because the trump administration tried to say listen, the letter that this administration put out saying the program is over just wasn't good enough. district judge john bates saying this. the administration scanned legal reasoning was insufficient to satisfy the obligation to explain its departure from its prior stated view that daca was lawful because under the last administration, the department of justice was supportive of daca and wanted it upheld. people have been lined up here on this terrible weather because

they are trying to get a glimpse into this case that kicks off at 10:00 a.m. this morning, it is extended, the arguments that they go beyond the normal 60 minute window. bounce across the street to capitol hill because daca is thrown out by the court, now congress will actually get an action. hundreds of thousands of people that could be impacted. the president reading about it this morning saying this, many of the people in daca no longer very young are far from angels, some are very tough hardened criminals. president obama said he had no legal right to sign the order but would anyway. the supreme court remedies would overturn a deal will be made with them for them to stay. so again, legal political implications and of course this decision is expected in june of 2020 next year right in the middle of a presidential election. >> julie: shannon bream, thank you so much. >> bill: he plans to release

the transcript of another phone call with ukraine's president. meanwhile, fox news obtains a republican memo laying out their strategy for defending the president when hearings begin in about 24 hours from now. from the start, republicans argue the process is not fair. >> why on earth would he not be there? he was the special envoy to ukraine. we have the top people at the state department who handle ukraine and the acting ambassador coming in on wednesday. why would you do not have him on the same panel? why would you not give the republicans a witness? as of right now, we have no witnesses and we have no knowledge of the foundation of this case and of these accusations. >> bill: we will be full on this tomorrow. for now, kellyanne conway joins me. welcome back to "america's newsroom" and good morning. how concerned is the president over these hearings? >> the president is not concerned at all.

the business of the people of this country is not being done. the capital behind me is not a movie set, it is not a cardboard cutout. it's where your representatives work for you, wasting your money and their time, there is no vote on legislative resolution on daca. there is no vote on the infrastructure, health care, and look up at the president is doing. yesterday he and the vice president in new york and washington respectively reminding people why we are here in the first place to make sure our veterans that are active military have the resources and the respect they deserve. ukraine got more aided from this president than the previous president, ukraine gets more aid from the u.s. than any other country, some of the witnesses testified as much under oath so our concern is that the business of the people is not being done. where is the trade deal? where is the drug pricing reduction? the president today in new york city over three years after first promising on what he would do with the economy is going to deliver a progress

report, the growth is up, the job production. in he produced more than 4 million jobs then the congressional budget office projected he would. the wages are up for blue-collar workers, the deregulatory agenda is robust and growing. the energy explosion in this country. literally, we are now a net exporter of oil and natural gas so the president continues to be the president of everybody in this country. that's what we are concerned about. >> bill: just a come back to this, i am told that adam schiff delivers the opening statement tomorrow. he will construct. >> i think he should be under oath. >> bill: he is going to approach it like a prosecutor from his previous life in los angeles. he will make claims of abuse of power. he will make claims of obstruction of justice. how will the white house respond in real time and with the president be watching this himself? >> adam schiff has no credibility pair the last time he delivered an opening statement to the public the entire world to see, it was a

parody of the conversation between ukrainian and american president that simply did not exist. he has zero credibility. i called for his resignation on your network in march, may be on your show. the president called for his resignation last week because he can't be trusted to be honest and credible as he oversees these hearings and this is a serious point. he has been a partisan hen he has been growing mushrooms having witnesses testify in the dark outside of the view of the public. a contrast that with the most transparent president in history. he tells you every day what he thinks on any number of topics through social media. near the helicopter, on live tv interviews. >> bill: on the topic of transparency. >> adam schiff is going to make people raise their right hand and be under oath when they speak, i would politely suggest what does he have to hide? why doesn't he go under oath before he delivers another opening statement to the

country? i want to say something else. >> bill: i want to ask a question. i want to find out what the news is here for the president said he's going to release the first transcript of a phone call that took place back in april. when will that happen and what will that show? >> it could happen as soon as tomorrow. the has said definitely by weeks end. he doesn't need to do this. these calls by their very nature are classified. he has to declassify these calls for them to become public. the democrats and their pals in the mainstream media never thought the president would release the first transcript. lets review for everybody, the transcript that's been released from july 25th call was a call between ukrainian and american president to congratulate ukrainian president on the parliamentary legislative election. the one in april was to congratulate him on his election. and he ran on draining the swamp on an anticorruption agenda. that's the entire point of these calls. >> bill: described as

innocuous, is it a harmless phone call back in april, yes or no. >> the president would describe it as perfect and benign, the way he describes it from july 25th. and every witness up there so far has said i assumed, i interpreted, it is conjecture. i heard it from somebody, herded some from somebody and here is my interpretation. so that is not how we impeach and remove presidents who are democratically elected. and they find out which one of them is going to be asked of the pond by the quarterback. he said and she said, he thinks, i interpreted. cia does not stand for conjecture interpretation and assumptions. we are going to impeach and remove a president who is democratically elected handily in the electoral college and close to being reelected less than a year away because people on capitol hill don't like him and the 2020 crowd has no idea how to beat him at the ballot box? this is america, this is a democracy. >> bill: two more minutes. nikki haley has a new book out

making the rounds, strong accusations leveled against rex tillerson and general kelly appears what you settlement today show earlier today and how she handled their complaints with her. >> they do tell the president? >> if this is what the president wanted an especially the issue of palestinian aid that we needed to do that. >> you've got two guys working against you. >> the president was aware, yes. >> bill: yes as her final answer they are. you remember that? did that happen? >> i wasn't part of the conversation between ambassador haley and president trump but i have talked to president trump about this. the bigger point is one of the major things people get wrong about this president is somehow he wants a bunch of yes men and yes women around him. they would be no point of me being in the white house if they were true at no point in him being president. he aborts obsequious this time he wants people to be obvious about the policy prescriptions

they are laying out, the consequences, what he has promised, when he has said he will do and that's why today in new york, he is delivering a progress report and the economy promising he would do xyz on taxes and regulation. at the same thing here. >> bill: despite the fact that rex tillerson denied the claims. >> that is between them. what i'm saying is, all three of them have had their say now. general kelly, rex tillerson, and ambassador haley. so i will leave that they are. what i want to reflect a somebody who has been there from day one and is still there that this president appreciates dissenting opinions, differing backgrounds. he has people in meetings on any number of issues like trade my like life, the second amendment. he has people on taxes, regulation, he has people who have differing opinions and are

giving him different inputs and insight, impressions, ideas, backgrounds, and he makes the decision, you know why? he was elected president knowing two people were elected to anything, donald trump and mike pence so the president makes the decisions in the end. >> bill: watching a big speech later at the 11:00 a.m. hour, president from turkey makes a white house visit tomorrow while they are underway on capitol hill. a lot to follow, which we had more time, hope you come back. kellyanne conway from washington. we will get reaction from the other side, our headliner next hour is dan kildee, he joins us at ten: 30. >> bill: looking forward to hearing from him. joe biden firing back at claims that he is in the wrong primary saying he has more of a democrat than anyone in the race as the former candidates blast the potential newcomers, state of

play coming up momentarily, juan williams will talk about that in a moment, looking forward to hearing from one. do mock terror when an airplane and slides off a snowy runway in chicago as millions across the country braced for an icy blast. >> bill: also, a prominent city newspaper facing critiques for ignoring basic journalistic principles and caving to reader demands. we will tell you what they gave into this time. prior to going to aspen dental i've had nineteen surgeries. i'm 100% permanently disabled from the military and after i went in to aspen dental it was just like night and day. they told me they were gonna take some x-rays, she said "and it's gonna be no charge to you". i'm not used to getting that type of service. my name is robert chackley and my rank for the military was retired sergeant major. at aspen dental we're all about yes. like yes to payments on your timeline not ours. yes to free exam and x-rays

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>> bill: the former vice president joe biden defending his son hunter as republican lawmakers ramp up the calls for him to testify in the impeachment hearings. check it out from last night. >> there is zero rationale for that to happen. no one has suggested anything was done that was inappropriate. this is all a diversion, classic trump. focus on the problem. >> bill: juan williams, fox news analyst and cohost of "the five." i was watching that end seem to come back to that same thing every time, it's a diversion. do you want to hear from hunter biden? >> i think hunter biden has come forward, he made an interview which is that he did nothing

wrong and that no investigation by any one has turned up any dirt. the larger point is you approach the impeachment hearings tomorrow, is it relevant to the idea of impeaching and possibly in the senate removing president trump and i don't think it does. >> bill: that whole line of corruption and what was going on. during the cross-examination, it will be the more intriguing aspect of this. we will see what the republican aspects is. the primary argument they will make us hunter biden starting tomorrow. >> it's not a question of whether or not we are impeaching either hunter biden or joe biden. the question on the table is president trump and his call with the ukraine. so i think when you hear vice president biden say this is a diversion, disruption, , and effort to shift the focus identifying what is the strategy of republicans in the house at this point. >> bill: did you watch last night?

that was your homework assignment. >> i forgot, teacher. >> bill: here's a clip of this this. >> i am more of a democrat from my shoe soul to my ears than anybody running in this party. >> bill: it seems like this is a four-person race already. the same force atop a new hampshire, what do you think? >> i think you're right, it's also the same nationally so when you get is elizabeth warren rising, she seems to be the hot ticket at the moment, a great concern to wall street, the idea that elizabeth warren and her taxing plan and medicare for all would come in and secondly, you come to joe biden who was and still is the national front runner but has been fading in some of these states specifically and then you come to bernie sanders on the screen and bernie has been slipping as well about some endorsements, your favorite aoc has endorsed

bernie. >> taken the biggest criticism so far when on the debate stage. >> on the debate stage as opposed to this, it's a much more controlled environment. looks like he is faltering and loses his train of thought. but on the town hall meetings in the interviews, he has seemed very steady. why are you pausing? >> bill: i was just waiting if you had something else there. >> the question is, this is the problem for joe biden's age and the fact that people like bloomberg and now that you see the former governor of massachusetts looking to get in, that's a direct shot at joe biden. >> bill: at that point, bill de blasio on bloomberg. bill de blasio succeeded michael bloomberg in new york. >> should he be the democratic

nominee? no. there is no way in the world we should nominate for a who epitomizes the status quo. >> bill: i call this blue on blue hits. one after the other. aoc and bernie sanders over the weekend were hitting bloomberg as well. i don't see people coming in late winning anything. really has not happened in modern presidential elections. >> and people like wesley clark thinking back, rudy giuliani on the republican side. here's the thing, what it does indicate is not anxiety on the democratic side about the current crop of candidates. can they beat donald trump? that's the bottom line for the democrats, give me a candidate that can beat donald trump but here's the thing, trump is quite a showman, quite a campaigner, a better campaigner than a governing president so they feel we need somebody with some punch. >> bill: nice to see you, we will catch you later. on "the five" today.

there he is, juan williams. back to julie. to mark the white house ramping up its fight to find a former fbi agent robert levinson who disappeared more than ten years ago. his daughter will join us just ahead. the big idaho potato truck is touring america telling folks about idaho potatoes. and i want it back. what is it with you and that truck?

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to make a terrifying moment for travelers as an american airlines white skids off of an icy chicago runway. i love the woman. i think we landed, i think you are right. passengers breathing a sigh of relief as the spinning plane came to a stop. the faa is now investigating saying the aircraft landing gear apparently malfunctioned. a spokeswoman said no one on board was injured. >> bill: came and hot. and hot. any time you landed icy snowy weather, you are also bracing for a skater. >> bill: back in ohio, it was rolling in and it's coming our way too. >> julie: i would've rather as the snow than the rain outside right now. >> bill: yesterday was our last good day of the year. >> julie: thanks, really

positive to look forward to. the windy city also bracing for record-breaking cold, more than 200 million americans are in the path of an arctic blast. in chicago where it is about 11 degrees right now. we love to watch you suffer, mike. >> 11 degrees and windy. a couple of things make this interesting. one, the cold air is coming all the way from siberia which is interesting. you mentioned about 240 million people are in the path of the super cold air and since we are breaking about 300 records today, you can tell the tale of woe to the next generation about commuting to cold -- commuting to work and record-breaking cold temperatures. we were expected to break the record again, they broke the record for cold and for snow and when we get into the windchill that temperature is expected to drive way down into negative temperatures.

the wind is a very real factor right now. it was whipping up a wave as high as 11 feet yesterday, something unique to chicago's lake shore drive, very close to lake michigan and it was driving up onto the drive causing a bunch of chicago people to close the roadways for a while because there is so much ice on the roadways and just to prove that people in chicago are tough or crazy, some guys put on their dry suits and were out surfing. the water in the great lakes is warm relative to all this cold air when the wind passes over and it picks up a lot of moisture, that's going to result in snow. some people in the path of that wind and the moisture will be looking at as much of a foot of snow right now at least in the chicago area what we are dealing with right now is just a lot of cold air and what was left over from yesterday. as a result, the flight cancellations aren't that bad. talking about 16,000 delays yesterday down to about 5,000 delays at the moment. you see a lot of old people

going back and forth to work, looks like they never put away their cold weather gear from the polar vortex in january. >> julie: considering the mountain climbing you do, this is nothing, 10 degrees for you. nice work, thank you so much. >> bill: came early. top white house economic advisor making a bold prediction. by the end of this year, plus, there is this. >> maybe you've heard of there were some billionaires who don't like this. yes, they've been interviewed on tv i've noticed lately. >> julie: senator elizabeth warren poking fun at some billionaires complaining about her tax the rich proposal. the money man charles payne will break it down. >> bill: looking forward to hearing from charles, laying out their strategy for defending the president starting tomorrow when hearings get underway. congressman andy biggs telling us about that coming up life in a moment.

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welcome to fowler, indiana. home to three of bp's wind farms. which, every day, generate enough electricity to power over 150,000 homes. and of course, fowler. at bp, we see possibilities everywhere. >> bill: new video showing american ices fighter stuck between the border of turkey and greece. had been denied entry, some captured members of vice is now heading back to their home countries. he apparently is one of them. meanwhile, three high-ranking taliban members have been swapped for an american and australian professors kidnapped more than three years ago. saying that he hopes the trade will pave the way to peace talks with the taliban. >> julie: public hearing was

set to go tomorrow and the impeachment inquiry, outlining key points of evidence in defense of president trump. this is the battle over witnesses continues on capitol hill. let's bring in congressman andy biggs, house judiciary committee and chairman of the house freedom caucus. . thank you so much for talking to us this morning, maybe you could lay it out for us. what is the g.o.p. playbook for tomorrow? >> you want to deal with the witnesses where they sit. are they biased, what is their credibility, things that we have seen in the transcripts from the previous hearings. second thing you want to do is you want to attack the allegations that they are making, the specifics because there are problems with everything they are saying and they are not credible witnesses so that leads you to the third thing, do they have biases against this president or against this administration and all of those will be on display wednesday and friday as these witnesses come in.

>> julie: when you mention bias, one has to think of the whistle-blower because they are known to be a democrat so there you have the bias you were talking about. i want to talk about this memo the republicans have issued laying out the strategy to defend president trump ahead of the start of impeachment hearings to the public. the fact-finding is all unclassified's of the closed-door process is purely for information control. this arrangement has allowed chairman schiff who has already publicly fabricated evidence about his interactions with the anonymous whistle-blower to selectively leak cherry picked information to help paint misleading public narratives. what is the strategy have the democrats don't allow republicans and their witnesses? >> we are going to continue with that narrative. the reality is that he has already said he is not going to let the witnesses on devin nunes' list come in and we

have put together a list of witnesses that we think it should come in. he is not going to let these witnesses come into defend the president. he is going to continue to try to control everything and that is the major problem with the process here. it is not a fair process, it is not due process, it is adam schiff's process and nancy pelosi's process and if you do it that way, i think they are in a dangerous situation by opening this thing up because the whole world will now see adam schiff try to control everything and that is not good for the democrats. >> julie: i want to talk about the closed-door process, three committees leading the interviews, 432 total members of the house, sitting on the house intelligence warden affairs and oversight committees, 47 members are republicans. so there are republicans in these meetings. the question is what do you believe those republicans have access to, have they been given a share fair shake at transpary even behind closed doors. doors. >> the answer is no and we know

that from the transcripts. they had to be one or two specially anointed people and they had to have a democrat sitting next to them was transcripts were delayed, the testimony if you read some of it you will find actually objecting to the question and he is the finder of lost so he says i sustain my objection, you don't get to ask that and other times has actually interjected and clarified witness testimony that he found objectionable. >> julie: speaking of transparency, here's with the president tweeted about that as far as his transparency. in order to continue being the most transparent president in history, i will be releasing sometime this week the transcript of the first and therefore the most important phone call i had with the president of ukraine. i am sure you will find it tantalizing. do you want to hear that first phone call and do you think it will clear up any loose ends? >> i would like to hear that

phone call, see that transcript, it would tie up some loose ends for the public but not for the democrats. i don't think anything is going to derail them from the impeachment effort that they are on. >> julie: congressman andy biggs, great to see you as always, thank you. >> bill: monday night football action, a good one between seattle and san francisco. niners kicker taking the game into overtime when he hit that 47-yarder. we are tied at 24. but seattle's russell wilson throwing an interception on the very next possession. we've got a game, a short field goal. so hang on, bring back the kicker, went from hero to zero, showing to the game-winner. san francisco loses, seahawks take the victory winning 27-20 for the final. san francisco undefeated, first loss of the year for them. a great football game on a

monday night. >> julie: i hate when they do that. just gets me so boiled up. can you tell? i'll be all right. >> bill: a fox news alert, there was also hope for the family of robert levinson, the former fbi agent vanished 12 years ago in iran, could he finally be coming home with his daughter will be joining live in a moment. talking now about the murder of their loved ones in mexico as they leave their homes there for the united states across the border. >> is horrible as it is against our community, there were a lot of heroes that night that risked their lives and put their life on the line to rescue my children. with va mortgage rates suddenly

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as of 12pm today, i am debt free ♪ we have no debt, we don't owe anybody anything, and it's fantastic ♪ >> julie: the husband and son speaking out to fox news after a drug cartel ambushed and murdered donna any other family members. a 13-year-old devin langford survived the horrific attack. >> i was just thinking of my mom and my siblings and we hid behind a tree right there and then started walking. >> this was active terrorism against our community. has placed a lot of fear in the residence there and most of them have left with no intention of

returning. >> julie: david langford uncertain if or when they will move back to the mormon community in mexico saying the family never experienced anything like this. >> bill: president trump now calling on iran to release robert levinson, former fbi agent disappearing back in 2007. publicly acknowledging out for the first time that there was an ongoing case. his daughter is with me and good morning to you, we were speaking during the commercial break here, you believe there is more hope now than there has been in years. tell us why. >> good morning and thank you for having me. we are extremely hopeful. president trump has offered $25 million for my father's return and this shows his commitment and that this is a priority for his administration. robert o'brien has been amazing and continues to be amazing for our family and we know that bob

levinson is not going to be left behind. he is the longest held hostage in american history and the american people should be outraged and demand that iran sent him home. >> bill: just reading this earlier today, they characterized as a missing person case. a tough question here. are you convinced that your father is still alive? >> let me just start with saying iran is a police state. there are no missing people there and i am convinced my father is still alive, my father wants to get home to see his family. he has the resolve and the strength to see us and it's been 12 and a half years, but we know that he can come home to us and that's what's keeping him going and to see all of his children who are married now and his nine grandchildren. i am convinced he's alive and i think iran just needs to send him home so he can spend the rest of his life with his soulmate, my mom and his children and grandchildren. >> bill: that is really

powerful answer. what has life been like? you had weddings and kids and he hasn't been there for any of that. >> it's been extremely difficul difficult. there is a hole at the center of our table for my dad. he is a master presence, 6'4" gentleman to begin with i and he is the center of our family. my mom is a pillar of strength and has kept us together and we rely on each other, there are seven of us and we all have extended families but we pick each other up and times that are difficult and we just have the resolve and we know that he can come home to us. >> bill: you sound like a great group of folks. here's a tweet from two days ago, the president said if iran is able to turn over to the u.s. kidnapped former fbi agent who has been missing and i ran for 12 years, it would be a very positive step. at the same time, upon information and belief iran has been enriching uranium would be

a very bad step. can you put those two together for us knowing that your father is caught in the middle of that? >> what i would say is our family is not political, but we think that president trump is demonstrating his leadership and showing his commitment to bringing hostages home and again with silver board and with the tweets, it just shows that this is a top priority for his administration and that he is not going to stop until he comes home and iran needs to release them and send him home. >> bill: see you are getting help that's what i hear in your answer, is there something else you want to communicate to them now? >> we would love to meet with president trump and personally thank him for all he is doing to help bring my father home. it'll never be enough until he is home with us but president trump is showing leadership, the resolve, the

strength that bob levinson is a priority and we do not leave in american behind us we would love to thank him personally. >> bill: our prayers are with you, don't lose hope, you don't sound like you have it all. get the message overseas as well, thank you for pushing it today and coming on with us. stephanie, we will be in contact. >> julie: a student newspaper at a prestigious journalism school ends up apologizing for its coverage of a jeff sessions event. my many in the national media are now criticizing the editorial board this

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the amount of student loan debt i have, i'm embarrassed to even say. we just decided we didn't want debt any longer. ♪ i didn't realize how easy investing could be. i'm picking companies that i believe in. ♪ i think sofi money is amazing. ♪ thank you sofi. sofi thank you, we love you. ♪ itreat them all as if, they are hot and energized. sofi thank you, we love you. 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: emotional moment last night on jeopardy when a contestant gave alex trebek a message of support during final jeopardy. >> let's come look at this res.

what is we love you alex. that's very kind. cost you 1995, left with five bucks. >> bill: alex trebek clearly moved by that come a long time host battling pancreatic cancer. all three contestants wearing purple ribbons to promote key pancreatic cancer awareness and research. hang in there, alex. >> julie: a student newspaper at northwestern university now apologizing after covering a campus visit after it triggered negative reaction from some student activists. editor in chief or campusreform.org and joins me here now. so first of all, the newspaper should be doing what it's doing, covering the news. jeff sessions was on the campus of this journalism school, why wouldn't they cover it? sessions obviously sparked protest, no surprise there. why are they apologizing? >> they reached out for comment,

they use the university's direct read to get a hold of students texting them saying can you, and also published a few pictures of the public protest of the event. students now coming out saying they are traumatized by this and that the fact of the university paper would request a comment from them on their activism and publish photos of them is victimizing them and getting mad at a journalist for requesting a comment is like going to the doctor and getting mad at them and saying you are victimized when they asked to take your blood pressure. they are just doing their job. >> julie: there is political play here obviously and they are supposed to cover the news and certainly by calling up students, that is not making them feel unsafe, just trying to get a story. he was what the school newspaper said regarding student safety and the newspaper's coverage of sessions protests. we feel that covering traumatic events requires a different response than many other stories. while our goal is to document history and spread information, nothing is more important than

ensuring that our fellow students feel safe. how is it that this coverage has made the students feel unsafe? >> when they can come out and say our feelings are more important of your freedom of press, it's a dangerous precedent they are setting. this is one of the nation's top universities were journalists and we are teaching the next generation they should ignore controversial topics were not cover them the same way as people might have their feelings hurt. sadly, this is not an isolated incident. we covered something like this just last month at harvard. the student paper there had to issue a public apology because they dared to reach out to eyes for a comment on a story about detention centers at the border. this is something journalists are now under attack simply for trying to do their job and request comment on the other ironic thing here is that if these had not been covered, than the students would be accusing the paper of doing them a disservice and when they are covered and give them a chance

to respond, when they publish photos of these public protests, then they say we don't like the way it's being covered, this is wrong. is the height of hypocrisy. >> julie: the daily northwestern newspaper is separate from the journalism school so there are people there that work there that don't necessarily go to the school. but here's what it says about its coverage. some of our staff members use their directory to obtain phone numbers for students beforehand and texted them to ask if they would be willing to be interviewed. we recognize being contacted like this is an invasion of privacy. so is the issue that they used northwestern's roster, access their telephone list of its students, is that the issue? >> the main issue is that they are being reached out to in the first place and they are using this as an excuse. >> julie: if you are at a protest and you are a student at a school, you're going to be reached out to you that just by your school's newspaper but by

any journalist. >> they were going into the event trying to shut it down, shutting down speech and now trying to shut down press. >> julie: you cannot shut down speech. thank you. >> bill: in the immigration showdown at the u.s. supreme court at this hour, trump administration making its case to end the dreamers program, full arguments begin in moments. plus, israeli air strikes killing a senior commander. we will get a live report on the ground in gaza city coming up at the top of the hour. as a struggling actor, i need all the breaks that i can get. at liberty butchumal- cut. liberty biberty- cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need.

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>> bill: 10:00 here in new york. old arguments about the bill again this hour and a landmark immigration battle being billed as one of the more important cases before the justices. at stake is the fate of daca, the obama era program that shields deportation for hundreds of thousands of young people brought to this country illegally as children. the high courts had to decide whether or not the trump administration acted properly when it tried to terminate the program. more coming up in moments. a powder keg in the middle east now, israeli military senior commander big hour straight ahead, welcome back to you.

>> julie: we are rolling, two more hours to go. i am julie banderas in for sandra smith this morning. israel says that air strike killed a senior commander of islamic jihad in gaza. this coming and made a warning that the jihadist was planning an imminent attack under orders from iran. the timber group is striking right back launching a barrage of rockets reaching as far as tel aviv. >> bill: picks up the story from there, almost nightfall, what is happening? >> good morning. today, more than 170 rockets were fired from the gaza strip into southern israel after the israeli military overnight assassinated a senior military commander, a commander in islamic jihad who is responsible for planning a number of rocket attacks in the future that are

going to be launched towards israel. also saying he is responsible for an attack that took place just last week. i do want to show you we saw what happened last night when the israelis lodge that air strike and then we saw the funeral as protesters and palestinians march through the streets of gaza. take a look. behind me, the house of islamic jihad commander. he was killed overnight in an israeli air strike. you can hear rockets exploding in the distance. now firing back at israel who they say has now sparked a new war between the two sides. the funeral is underway in gaza city. emotions are high. has thousands of palestinians are demanding a response from the factions inside gaza. >> rockets are being fired as we speak right now from this trip into southern israel just in the past minute, seen a couple of interceptions here in gaza city

is important and that we've also got some video from the israeli side showing where some of these rockets hit in israel. hitting a very busy road near the border. some of those rockets were intercepted by israel's missile defense system. but according to the factions here, they plan to continue these attacks into israel because they think they are at war. >> bill: trey yingst watching all of that for us in the middle east. >> julie: gearing up for a busy week on capitol hill. you can say that again as weeks of closed-door impeach home to s starting tomorrow at 10:00 a.m. eastern. republicans leaving out a stratr defending president trump. he was kellyanne conway blasting the process just last hour. >> every witness up there so far has said i assumed, i interpreted. is conjecture. i heard it from somebody in here

is my interpretation so that is not how we impeach and remove residents who are democratically elected. that's how they find out which one of them is going to be asked the prom by the quarterback. >> julie: chief congressional correspondent mike emanuel is live on capitol hill. >> at this critical stage, house republicans have put out a memo countering the democrats allegations. in it, they argue the july 25 call summary the best evidence of the conversation shows no conditionality or evidence of pressure. number two, they have both said there was no pressure on the call. number three, the ukrainian government was not aware of a hold on u.s. security assistance at the time of the july 25th call in number four, president trump met with president zelensky and they flew to ukraine in september 2019 both of which occurred without ukraine investigating president trump's political rivals.

the 18 page draft memo also notes president trump's deep-seated genuine and reasonable skepticism of ukraine and u.s. taxpayer funded foreign aid due to its history of pervasive corruption. also notes the president skepticism overall about u.s. foreign aid and the need for american allies to do more. the memo has been distributed to republican members on the three house committees ahead of the start of public hearings tomorrow, this morning a key democrat senator offered this reaction. >> of course you go into a relationship with a country with your eyes wide open but that doesn't give you permission to then try to use taxpayer dollars in order to destroy your political opponents. >> leading republicans still pushing for what they have requested including kurt volker who was the special envoy to ukraine. >> why would you not have him on the same panel? why would you not give the republicans a witness? as of right now, we have no

witnesses and we have no knowledge of the foundation of this case and of these accusations. >> much of the focus today is preparing for tomorrow's first public hearing. >> julie: thank you so much. >> bill: professor at the university american, former deputy assistant to george w. bush and host of bulls and bears on the fox business network, hello to you. let's go at it for come together or do whatever we need to do at that moment. mike just read parts of that memo, we have an idea now during the cross-examination which direction republicans will go, what do you expect on that? >> what i expect as we should use the best evidence. is the transcript itself that was released. at the transcript was prepared in the regular course of business which makes it more reliable by a disinterested party, not a political person, the principles to the call, there can only be 2 agree that

the transcript is correct and they say there was no quid pro quo. and most important is that the president of the ukraine. all these other witnesses are extraneous because they would have the transcript on the principles. based on the transcript alone, there is no reason for this process of impeachment to go forward. there is no high crime or misdemeanor. >> i'm going to disagree, that is not a direct transcript, it's been said by many of the people in the room that it is not a direct transcript and it looks very clearly like we have unimpeachable witnesses right here, lieutenant colonel and bill taylor, saying this was problematic. >> they gave opinions, not fact facts. the whistle-blower is one step removed hat best from the

conversation. >> he was in the room, he is the ukrainian specialist. he is a member of our military. he is not a partisan. he is somebody who said that this call was problematic. we at least need to hear the evidence and have all of these witnesses in a criminal trial. >> the evidence of stuff we know about and the point is that i think you can get caught in the weeds and that's going to be a lot of weed searching this week, the bottom line is the american people are going to have a chance to decide next november what extortion is, the new word that democrats use for quid pro quo and that's fine if they want to use that word, the evidence is still what it is but the american people will decide what is extortion whether a vice president biden who was threatening to cut off billion dollars of aid to ukraine unless they stopped the prosecutor who was looking into his son's business, there may have been other issues there but that is a fact what i just said or

president trump asking ukrainians to look into corruption including corruption involving somebody he's going to be running against. that is also a fact. american people are going to be the best judges of what extortion is or whether either one doesn't qualify as extortion. >> bill: i want to move to the next topic, joe biden the town hall last night was asked about a hundred biden and whether or not his case is relevant to what is "happening now." you guys brought it up, here is the former vice president last night. >> there is zero rationale for that to happen. no one has suggested anything was done that was inappropriate. this was all the diversion, classic trump. focus on the problem. we have a president who is one of the most corrupt people to serve in that office. >> bill: a expect to hear the word corrupt a lot. you will hear in the cross-examination questions

about hunter biters connection . >> one of the witnesses republicans want because they want to establish a connection between the obama administration and the ukraine asking them to look into the trump campaign corruption in the ukraine cedar going to hear that as well. >> bill: my feeling is if democrats do a good job and republicans do a good job we are just running in a circle. >> julie: i want to get to nikki haley, she is doubling down saying the former secretary of state was after the president. rex tillerson is speaking, in fact he spoke to "the washington post" and here's what he said. "at no time did i or to my direct knowledge did anyone serving along with me to take any actions to undermine the president. ambassador haley was really a participant in my many meetings and is not in a position to know what i may or may not have said to the president. does he have a point there?

since she was not in those meetings, how would she have the wherewithal to judge whether or not he had it out for the president? >> nikki haley's reports were from first-hand interactions. he may have had many other meetings where she was in a part of her allegations are this is first-hand information that she has reported. she didn't like the way these cabinet officers and other high officials were talking about the president and her advice to them was if you have a problem with the president and his policies, go to the president. >> julie: we know that rex tillerson did not have nice words to say. when he was still in office, he tried to deny it and shove it under the rug. nonetheless, we know these two had very different opinions when it came to with that then make it clear that he clearly was against the president and he was out for the president? >> something we were talking about earlier that rex tillerson is used to being the boss has well.

it's interesting that all of a sudden now it's first-hand information of where earlier when we talked about the other case, you didn't want to hear that. >> the whistle-blower was not first-hand. >> colonel was in the room. at any rate, i do think that rex tillerson had an idea of what our foreign policy should look like and we do know the president is mercurial, he is capricious. >> her claim is not just hanging out there, was asked about it two hours ago on "fox & friends "fox & friends." >> that is so rex. is typical and i'm not going to fight over it. you notice, neither one of them denied sitting me down and saying that. what you have are two unelected people who thought they knew more than the president. i will say they both love america but they were undermining a president and undermining our constitution. >> bill: she was asked about impressed about it and she did not back down. >> i believe nikki haley, i

believe what she's saying is correct and i believe that rex tillerson and general kelly both had the best interest of the country at heart. >> but they can't all be correct. what rex tillerson said is a tough sell. he said no one else serving along with may take any actions to undermine the president. nobody serving under him at the department of state did anything to undermine the president, i think we at least know from the people that have been talking leaking stuff to the press that there were plenty of people under his charge either he is lying here or he really didn't know what was going on in the state department. a lot of people say that. >> bill: one last topic here, quinnipiac late yesterday, for dems leading in iowa, the same who are leading new hampshire. there it is, biden, warren, pete buttigieg, and sanders.

you watch the town hall in iowa? >> i think joe biden's treading water. i don't think he has the stamina, i don't think he has the chops to make it through the primary. i don't think he is where democrats are today. his party is long past him by. the fact is they are going to select somebody who is totally unelectable. >> i have to agree with brad on part of that and that is that he is trying to limp across the finish line and i don't think he is going to make it, the energy of the party is behind someone who is a little farther to the left. >> this plays right into the hands of the trump campaign. and they are more hoping for somebody on the left because their strategy seems to involve this classic matchup between capitalism and socialism between the free market and one controlled by the government. do you agree what's happened in the past, are you better off now than you were four years ago?

it is going to be that simple. >> julie: thank you, gentlemen. back to the showdown over immigration and the highest court of the land. nine supreme court justices weighing whether the trump administration was legally allowed to terminate the obama era dreamers program. judge napolitano is here to tell us what is at stake. >> bill: also, senator warren taking on america's billionaires had making a linchpin of her entire campaign but is she misleading the public about how high taxes would rise for the middle class? question for the money man making dollars and dollars andf that, charles payne is on deck. >> maybe you've heard, there are some billionaires who don't like this. yes, they've been interviewed on tv i've noticed lately. with va mortgage rates near record lows,

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>> julie: some big headlines we are following this hour, jimmy carter now recovering from surgery at a hospital in atlanta today to relieve pressure on his brain caused by bleeding due to recent falls. another day of violence in hong kong, protesters lighting fires outside of the university, one day after a pro-democracy activist was shot at close range and in afghanistan releasing three taliban leaders in a prisoner swap with the militant group. the conditional release is in exchange for two hostages and american and australian who were teachers at the university. both were abducted at gunpoint outside the campus in 2016 and have been prisoners ever since. >> bill: moment of truth now for the cornerstone trump administration immigration policy, all arguments now underway at the u.s. supreme court over the fate of the so-called dreamer program.

all eyes said to be on chief justice john roberts. judge andrew napolitano, fox news senior judicial analyst, good day to you. let's go ahead and examine the arguments on both sides. those who believe his executive order that protected daca recipients, enabled them to stay here in the u.s. legally without fear of deportation. >> while he was president, he said if they complied with the terms of the executive order which was easy to comply with, stay out of jail, get a social security number, pay taxes, graduate from high school, he would exercise his discretion not to deport them. the problem is, he asked congress to enact that as a statue and congress said no and he then did it on his own in the form of an executive order. so the issue before the court today is not one of compassion towards daca recipients and there is tremendous compassion towards them, 74% of americans

want the daca folks to be able to stay here. the issue is one of separation of powers. can the president of the united states to legally what congress has decided not to do? under our system, congress writes the laws and not the president. >> bill: how do you come down on that? >> i'm torn but i will tell you how i think the chief justice will come down for it he looks at the supreme court in terms of centuries, not in terms of weeks or months and is concerned with the legacy of the court and the legacy of the court will protect the separation of powers. congress writes the laws, the president and forces them. the president can't enforce a law that he made up on his own, that's what i think chief justice roberts will come down with for the more conservative members. >> julie: this is what many saw as a loophole, 700,000 dreamers that we know of. under the obama policy, they are supposed to apply and renew every two years but under this

administration, many may not have been reapplying so for all we know, that number could be much greater. how do you know our designated group of dreamers if you don't know who was in the group? >> very complex question. that will be the job of president trump's administration. here is another issue, executive orders are only as valid for as long as the president who signs them is in office or they are renewed or followed by a subsequent president. so president trump is arguing wait a minute, i'm the president, i can't be bound by an executive order that's against what i believe in. he signs an executive order nullifying it and the courts nullify his nullification. >> julie: the president tweeted this on daca and deals with democrats. many of the people no longer very young are far from angels. some are very tough hardened criminals. president obama said he had no legal right to sign the order but would anyway. the supreme court would overturn, a deal will be made with dems. >> the most important part of

that statement is the last one and that is the president if he prevails in this argument does not intend to deport 700,000 people. that would be catastrophic economically to them, to their families, to their society but he intends to use the power to deport and the threat to deport to negotiate with democrats who won't come to the table. >> julie: that was part of the deal, don't commit a crime. you are a criminal, you are out. >> the other interesting thing is when is this decision going to come down? at the end of june. three weeks before the democratic national convention. >> bill: 660,000 active recipients of daca breaks down to 82% under the age of 30, 80% from mexico, 45% live in the states of california. you just said something to this argument, what is executive power? how can it be applied fairly under the constitution?

but you said the president is not threatening to deport the 700,000. >> he said right there in the tweet he is going to use it as a negotiating tool with democrats. whatever you think of the president, his heart is big enough not to deport 700,000 people. that would be almost unimaginable. >> bill: were his lawyers will argue is it is his call. not the previous president. >> correct. every president has the right to direct his administration to repudiate an executive direction from the previous administratio administration. >> julie: the previous administration itself once again deems that these daca recipients had to abide by the rules and by not reapplying, is that not breaking the rules? is in that part of the rule? >> yes, it is but there is a history, a 30-year history were republicans and democrats back

to ronald reagan of not deporting daca people. do they have the right to rely on this? we work with daca recipients. they are as fully americanized as the rest of us. >> bill: you laid it out very well and in the end, 5-4 decision. you do not know. >> i don't. i had to guess, it would be the chief justice will side with the separation of powers which is that president obama did not have the authority to do it. >> julie: dozens of wild fire is burning furlough viciously in one nation, harsh weather conditions posing major challenges for firefighters there, going to tell you. >> bill: how will the move to add jim jordan to the house intelligence committee play out on the hill when the hearings begin a? dan kildee as our guest next, we will talk to him live right after this. >> some of the witnesses testified as much under oath, so our concern is that the business

of the people his not being done

>> bill: democrats moving to bring the impeachment probe in the open at this hour tomorrow. the first hearing will be underway. chairman adam schiff moments ago releasing a memo that outlines the rules and procedures, the white house firing back. he was kellyanne conway from earlier today on on "america's newsroom." >> we are going to impeach and remove a president that was

democratically elected and close to being reelected less than a year away because people on capitol hill don't like him and the 2020 crowd has no idea how to be him at the ballot box. as america, this is a democracy. >> bill: democrat from michigan, how are you doing? good day to you and thank you for coming back to our program here. i will get to kellyanne conway's comment in a moment here. here's what the g.o.p. memo outlined late last night says. the phone call shows no conditionality or evidence of pressure. they both said there was no pressure on the call. the ukrainian government not aware of a hold on eight at the time of call. met them in the u.s. flowed to ukraine in september. september 11th and 3rd week of september here in new york city. what you make of that? >> they were a couple problems with it. they keep moving the explanation. first, there was no indication that the president asked for any favor, than when they finally

had to release the synopsis of the call, that was acknowledged. there were discussions that took place that indicated that. they were aware of it. according to some of the testimony and the other testimony is the eighth did flow, but it flowed after all of this became known. it's important that there is going to be an effort for the republicans to get into some of the minutia and the weeds. is important to step back and realize that in no real world was that's okay that a president would ask a foreign power to investigate a political rival grade you can have a lot of debate about who, what, and when

but if it is intended for that to obfuscate the basic facts that there was a concerted effort by this administration through various sources to persuade ukraine to get involved in investigating one of the president's political rivals if we missed that point, i think that would be a mistake and i think it would be bad for the country. >> julie: the president has said he wants to release the transcript of the first phone call and he believes that first phone call will set up the second phone call as there was no quid pro quo. we will give you military aid in exchange for an investigation. here is what he tweeted on releasing the second transcript of the call. i will be releasing the transcript of the first and therefore more important phone call with the ukrainian president before weeks end. what do you make of the first phone call, what do you expect to hear from the first phone call and is there anything in it that you could possibly hear that would somewhat may be light and things a bit when it comes to this quid pro quo accusation?

>> of the president wants to release the transcript of the phone call, he should just release the transcript of the phone call but it's a pretty thin defense to say on one particular phone call, i did not try to bribe a foreign government even if i might have another one. if that is really his defense, he needs to consult another attorney. >> bill: are you saying that as an impeachable defense? >> it is certainly an impeachable offense. >> bill: so you would vote to impeach president trump. >> if there is not any factual information that comes forward that contradicts what the president himself has already admitted and what these patriotic career professionals are testifying to, we can go by what is being testified to them we have to take that as part of the factual basis for this but let's face it, the president started this with a question. would you do me a favor? and in that case, it was very clear that this is a government that was facing a threat from

russia and that congress had decided to provide military support to beat back that fred and the president was looking for a favor in the context of the provision of that. >> bill: doesn't matter to you that this administration gave the ukrainian military the type of weaponry that can knock out a russian tank? when they asked for the same type of weaponry under the obama administration and what they got were mru's and blankets, do you have a problem with that? >> what they got is what congress voted to provide to them. and the democrats have been in control since january, i can only defend that. we stand with the ukrainian people against russian aggression. >> it appears they did but they were only willing to. >> bill: a lot of people will be judging the fairness of the process, they will be millions of people who tune in starting tomorrow and a lot of this deep in the weeds on this.

questioning that process itself. >> he can't be trusted to be honest and credible as he oversees these hearings and this is a serious point, he has been a partisan and he has been growing mushrooms having witnesses testify. >> bill: the american people will make up their own mind as to how they feel about the process. how important is it for you to know that the american people know you're doing this in a fair way? >> it is fair but it's more important the american people judge not what adam schiff says or what kellyanne conway says but what they say or what ambassador taylor says. these are people that dedicated their lives protecting this country and factual information that they are providing really

ought to be the basis for the decision that we make. not the opinions of any of bring to the conversation with the facts of the conversation ultimately reveals. >> julie: which of the american people take on the president's comments giving more aid to ukraine than any other country in the world? >> that may be true. the fact he was willing to condition that very necessary aid on a political favor is a point that we can't ignore. when i think you for your time, dan kildee from michigan, hope you come on back. >> julie: fox news alert now, wildfires raging out of control in australia, firefighters struggling to contain the fast-moving flames and hot dry and windy conditions. three people have died since friday in the country's most populous region now under a weeklong state of emergency. benjamin hall following the story from our london bureau for us.

>> in fact, there are more than 100 fire is raging across eastern australia now. the areas they have burned is over three and a half thousand square miles. over half of those have not yet been contained and they have been burning for weeks. the first time ever, a catastrophic fire warning has been put in place in sydney, australia,'s largest city. they have threatened homes just in a suburb 11 miles away from the downtown area. these are now the most dangerous bushfire conditions of the country has ever seen. as a result, the army is now expected to be deployed in one of australia's largest peacetime military mobilizations and is including an unprecedented compulsory call up of reserve soldiers. they're going to assist in the firefighting, the clean up and it's because of major heat waves recently in large parts of the country are now like a tinderbo tinderbox. so lightning, accidental sparks or in one case believed is what set them off. three people have now died, two of them apparently trying to

flee from the fires in their cars, at least 170 houses have been raised, when's not reaching 50 miles an hour in some areas and they are expected to gather pace has the day and the week progresses. this is one of the most dangerous fires australia has seen and it will come down to the wind in the next few days, how strong that gets more crucially which direction it blows whether or not sydney itself is put at further risk. >> julie: thank you so much. >> bill: big and bold prediction from a top white house economic advisor peter navarro says the dow could hit 30,000 by new year's eve. how about it? the moneyman charles payne making dollars and cents of that coming up next.

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30,000 between or before 2020 if a few items on the wishlist become reality. >> if we could just get a couple of things like usmca past, a german fiscal stimulus, we could get down on the 30,000 them. >> julie: charles payne host of making money over on fbn, you are always an optimist so can you see this happening? >> i am not a big fan of timelines per se but i do think 30,000 will feel like a long time ago at some point in the not-too-distant future but it was funny to me that he didn't mention a china trade deal because he is the main obstacle within the white house saving for the ultimate deal but many believe he is one of the main reasons we have not had one yet so he is talking about german stimulus and all these other things, that is good and usmca is phenomenal if the democrats get it through but this would assume that we get at least phase one. >> bill: that is above 12,000 points in three years.

you could wait a generation for a move like that. 18,000 on the election, he is saying by new year's eve at 30,000. >> you're right, this is a remarkable market. i've been coming on the show saying people should invest and i really believe it. i think the next driver for the u.s. economy is going to be household formation, one of the out noters today is just in cities but in suburban areas forming households. that is going to be the foundation for the next leg up in this rally domestically. >> bill: did you hear her, elizabeth warren in new hampshire mocking the billionaires. watch and listen. >> you have heard there were some billionaires who don't like this. yes, they've been interviewed on tv i've noticed lately.

so sad. so sad. might have to pay to sense out of their bazillion dollars. >> bill: crocodile tears, what do you think? >> she is good with that kind of stuff but here is the thing going through the two guys who put together the white paper for her economic foundation and there are some questions even that jamie dimon admitted on "60 minutes" that there is something wrong so there are three brackets, three economic brackets. 1929 to 1986 and then more recently, what struck me was private savings. apparently saying right now in the air that we are in, private savings for the bottom 90% is zero. in with the top 1% is 36%. in 1929 and 1986, it was more equitable to say there was private savings among the middle class and i think this is what resonates with a lot of people, more than the math on how the program's work, the fact they

are saying something has happened around 1978 an inflection point and from there on outcome of the ultra-wealthy got so much more richer than everyone else. you hit part of it, that stock market, it has been a miracle and you know it the beautiful thing is, the most democratic wealth machine in the world, anyone can participate so i get a lot of people who complained to me and say why don't you own shares of nike, you love the product. every year you are showing me your new nike sneakers, buy some stocks. believe me, over time, the wealth creation comes, it happens. >> julie: back to the worn comments because there's something i would like to flag some of the fact that she said to sense. she said to sense, but is actually $0.06 total on each dollar for billion-dollar earners. >> 2% on anything over share?

>> let's say your you sell partf that company to generate this money so now over a period of time as a private business owner, you have a new partner in your business because the government has forced you to sell shares so they can get their pound of flesh. is a disastrous idea. disney has already tweeted saying we are kicking it already. the stock is up to bucks, that's why the market is rallying. >> bill: project nightingale, a stunningly report saying google has secretly gather the private health information of millions. brett larson will make it down, andra what you need to know comg up next. ç)áà 8@dhç÷l$4ud64 have you ever worked with dr. francis? oh yeah, he's ok. just ok? guess who just got reinstated!

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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. >> julie: there is a shocking

new report raising privacy concerns, reporting exclusively google has been gathering health information from millions of americans without their knowledge. brett larson is here now, you are disturbed. >> this is a slightly disturbing story. what's interesting, we talk a lot about hacks and data breaches and all of these sorts of things that make consumers very nervous about using technology and now we hear this has been happening for the past several months. a project nightingale is what they are calling it, google is working with ascension, second largest health care company in health surveys, all this information plugging it into their software using artificial intelligence does then spit out what kind of help you might need. there is a medication that works well for people who are diagnosed x, y, or z. is troubling because what they are doing is perfectly legal but we have it both where you can take your health records wherever you want to go but they

are very well protected. >> julie: you are not giving consent, how was this not breaking hippo laws? >> google is considered a partner to ascension so they are working with them on bettering your health care so it does fall under. >> bill: this privacy debate is really interesting. have you seen the response from apple when they started up moving up in the bedroom of a young woman who was on her phone, the tagline is your computer shouldn't know how many heartbeats you have a minute. >> bill: and this will change. last week, google bought fitbit which will literally know your heart beat and are they going to match all of this information together? when we talk about data privacy, we don't talk about what we want out of our data privacy and what we expect as consumers. you will want to keep it to yourself. >> julie: you can't keep anything to yourself these days. >> bill: the fate of nearly

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800-630-8900. that's 800-630-8900. >> bill: fox news alert here, brand-new numbers in the race for the white house shows joe biden leading the democratic packet in the primaries, welcome back here. i am bill hemmer. >> julie: i am julie in for sandra today. a new quinnipiac poll shows biden leading in new hampshire with warren, pete buttigieg, and sanders. he suggested he should run a different primary. >> she said biden is a coward, biden is in fact in the pocket of. if you went down the list of saying i should be in a republican primary.

what do you call that? imagine you should be in a socialist primary. you don't say that. you know that. >> julie: complete coverage of the 2020 race analysis, first to peter doocy live in concord, new hampshire, . >> good morning. the front runner here in new hampshire is still only the favorite of one out of every five democrats. 20% and that new quinnipiac poll rarely leaves the field leaving them in double digits and tulsi gabbard all the way up to 6%. the landscape looks attractive enough for democrats like patrick to reconsider running. "the new york times" reports that the former massachusetts governor phone joe biden to let him know he was thinking about getting in soon and patrick is also the person another democrat

from massachusetts elizabeth warren recently said she'd like in her cabinet. >> you are making me cut off all the politicians but if i could talk about people who aren't politicians, i will talk about my former governor who is a pretty terrific guy. >> michael bloomberg has democratic party leaders in iowa and new hampshire upset since he said he skipped the early states and started competing on super tuesday which isn't how things should work according to joe biden. >> i just think the way the system has set up now, for to get through to get to super tuesday and on. iowa caucus, new hampshire primary, nevada caucus, and south carolina primary. so i just think we will see what happens. it's a judgment he has to make.

>> bloomberg or anybody else who wants to compete in the new hampshire primary and be on the ballot are running out of time because they are due at the statehouse behind me in the secretary of state has to have it in his hand by friday afternoon. >> julie: thank you. >> bill: former hillary clinton advisor, good day to you, i'm going to start with you. how did joe biden fair last night and that town hall? >> what's shocking is that he is hanging on as well as he is, had a lot of incoming both from other democrats and also the president made it clear that he thinks he is the biggest foe which is what gave rise to his conversation. keep in mind of the ten last competitive democratic nominations going back to 1972, the person in the first in

december in the polls won a grand total of three times. so i know everybody loves this horse race stuff, who was up by a point or two or whatnot but i think we have to keep some perspective and it is sometimes, he is hanging on an bernie sanders who got 60% of new hampshire four years ago is now in 14th. >> bill: that is not a huge endorsement, that is not the tone i hear from you about that. >> let's face it, joe biden has been flailing and floundering in this race. he was the clear front runner when he got in which is why people like hillary clinton didn't get in the race because joe biden was the establishment pick, and his performance has been to put it charitably unsteady in these polls actually show you that in these initial early states as he calls them, you can find as many polls that show sanders or warren that lead for pete buttigieg right behind as you can buy it and being the lead. he is no longer a front runner,

he is in a horse race and i don't think he is going to get this nomination. >> bill: i think the polling that came out of iowa a week ago and new hampshire really is the story. the story is it's a four-way race and it is warren and sanders or biden. with regard to elizabeth warren, her two cents, at your expense. they raise interest rate and confiscate far more than she admits. can she weigh in that idea? >> he raised a good point and i think if he went back a month ago, elizabeth warren was skyrocketing. seemed like she was almost unstoppable because she was ahead in iowa ahead at the time and new hampshire now somehow the bloom is off that rose a little bit and it's not just to sense, it is medicare for all. democrats had a huge edge among the public on who was better on health care and she might be willing to squander that for

reasons that frankly i think she's going to have to go back to the drawing board a little bit. so i just think that going after wealthy people is not a winning method. that just completely belies all the polling. the democratic party isn't so much a democrat party as it is a socialist party. a majority of democrats now are comfortable with this term socialism so elizabeth warren has a 2% wealth tax so while your viewers understand, that means he has nothing to do with your income, the government just goes on top of all the other taxes and takes 2% of everything you save your whole life every year. doesn't take too many years and they can go after billionaires all they want in the end and the government wants to raise money in the middle class better hold on tight. >> bill: i think the tepid answer on behalf of richard opens the door for people like patrick who is now putting his

line in the water about possibly getting in and michael bloomberg from two days prior. you can go back in history not too long ago and you can't win unless you are in these early states. i don't know what ultimately the strategy is to win if you are not showing up in iowa and new hampshire but those people take their job seriously in these caucus and primary states and they want you to be there and if they are not, they notice and they punish you for it. quickly, there was a dust up between nikki haley and rex tillerson and general kelley. kellyanne conway talked about it a short time ago on our program. >> what i'm saying is all three of them have had their say now. general kelly, rex tillerson, former secretary of state and ambassador haley. so i believe that they are. he has people who have differing opinions and are giving him different inputs, insights, impressions, ideas, background, and he makes the decision. >> bill: what nikki haley says is that if you've got a problem with the boss, you tell him, don't complain to me.

she also said on "the today show" that she did go to the president and let him know that rex tillerson and general kelly were speaking this way. what do you make of that based on your time at the white house and did you see any of this? >> i think there was a lot of dynamics and i think an unhealthy dynamic. and there's a lot of blame to go around from these people who were in high ranking positions who are pushing their own agenda for the establishment foreign policy agenda instead of drum policies and i think that was a big mistake and as far as nikki haley is concerned, i don't think she was much different from the other people mentioned and i think this is all about her run for the presidency in 2,024. let the race begin. >> bill: i didn't expect that answer. thank you, stand by. we will come back to me a couple of minutes. in the meantime, more. >> julie: house intel chairman adam schiff releasing procedures for the public impeachment hearings which start tomorrow

making it clear that protecting the whistle-blowers identity will be paramount. a chief white house correspondent john roberts' life from the north lawn for us. >> just a little while ago, adam schiff released a six page memo detailing how things will unfold tomorrow, let's put it up on the screen for you so you can follow along. first of all, there will be opening statements but only by the chairman and the ranking member devin nunes. the witness is of course will be under oath. 90 minutes of initial questioning by the chairman and the ranking member that will be split evenly. those people can yield time to the committee councils to ask questions but they cannot yield time to other members so for example, could not yield time to jim jordan and after all of that is done mother and the remaining members will get 5 minutes of questioning each. adam schiff also made it clear as you pointed out at the top that he intends to intervene in any line of questioning that may go to the identity of the

whistle-blower and will not tolerate any inquiries that seek to shed light on who filed the complaint against the president and the first place. another issue going on here, another transcript that should be coming out sometime later on this week, a transcript of call with the ukrainian president. this took place on april the 21st right after president zelensky had been elected president. we thought this was going to come out today, the white house plan initially seem to be to put it out as a counterweight to the first public impeachment hearing and now looking like later on this week, the president first talked about this nearly two months ago saying he would be glad to make it available if anybody asked weeks ago. the democrats said they wanted to see it but this week is when the president will put it out. listen what he said on saturday. >> they asked for it and i gladly give it. he will tell me if you think there is anything wrong with it. but never in history has anybody gone through this, the witch hunt and it should never

happen to another president. >> that call has been described to be by multiple white house officials as innocuous. even though tennille carl and alexander said there was nothing concerning about it and his testimonies to the house committee saying april 21st was complementary, positive. the president repeatedly praised president zelensky for the landslide victory. and there was humor or exchange. as you know, he is a comedian so he tries to put in a couple of lighter lines in their to help him build rapport. is unclear whether releasing the transcript could change the narrative at all. arizona congressman andy biggs thinks the democrats have already made up their minds. listen here. >> i would like to hear that phone call to that transcript. i think for me, it would clear up some loose ends for the public but not for the democrats. i don't think anything is going to try to derail them from the impeachment effort they are on.

>> just because every second here at the white house something new was coming along, mick mulvaney the acting chief of staff filed a motion with the federal district court hearing in washington, d.c., saying he will not seek a court opinion on the enforceability of the subpoena that the house committee sent him. he said he will simply rely on the guidance of the president for his no-show not complying with the subpoena because yesterday, he was going to join the lawsuit, that he was going to file his own suit. but there's always the chance that you could lose. maybe that factored into it. >> julie: great report. >> bill: are you able to see the risk of getting ahead of ourselves, are you able to see where we are on the weekend after two days of hearings wednesday and friday this week? >> i happen to have been somebody who attended the watergate hearing as a young intern and i recall that there was a clarity to seeing life people testify. all you had to do was put

transcript in front of people, you wouldn't need to have hearings. you wouldn't have had the watergate hearings. i think there will be a clarity in people's mind. all the stuff about the whistle-blower is an utter misdirection, red herring the likes of which we have rarely seen. doesn't matter anymore who was the whistle-blower or what they said. we have testimony from people. >> bill: it may matter if you can prove to the nation among people. >> you know, it doesn't. what matters is what people like mick mulvaney, he said don't sell them javelins because the russians will eject, how incriminating is that about what he thought? we know that mick mulvaney said do not sell them javelins some time ago. >> bill: the question is simple, sore audience can watch this, we are in the weeds.

where do you think we are in the weekend after two days of hearings wednesday and friday? >> it is the same place we have always been and unless they fid some dramatic evidence of a crime, the american people will view this impeachment as overtly political and they will be consequences for the democrats pelosi and adam schiff. talking about ukraine not getting aid when they've got all the aid, not selling them javelins when they sold them javelins. did more for the government of ukraine then obama ever did over eight years so there is nothing here, there was no hold up. there was no inappropriate behavior and the democrats are trying to weaken donald trump so they can beat donald trump. this is the only way they can win and i don't think it's going to work. >> what matt said it utterly inconsistent with what fiona hill and all of these people who are either in the call, it is

utterly inconsistent with that. >> that is wrong. there were other people, the republicans would like to subpoena who contradict that testimony. we should hear from everyone. >> bill: for the whole story, watch and listen to the cross examination and find out if they can poke holes in the story of the whistle-blowers. my guess is that resumes are thick and long and there affected men and women and they may appear to be very good witnesses but when you get the opportunity to do a cross examination sometimes the story changes. we will see whether or not it does. thank you for your time this morning. fox news alert now, and exclusive reporting from our digital team at foxnews.com. a new complaint has been filed against the ukraine whistle-blower. the intelligence community inspector general saying that complaint about a week ago alleges the whistle-blower may have violated federal law by indirectly soliciting donations online. the complaint says those donations were funneled through

a gofundme page from roughly 6,000 individuals totaling just under a quarter million dollars. it also asked the ig to investigate whether or not some of the donations may have come from prohibited sources such as a foreign agent from overseas. fox news has reached out for comment of the whistle-blower's attorney, he is reviewing that complaint some more on that story as we could hear at the fox news channel. >> julie: the president of afghanistan to reaching an agreement with attala banter free to hostages. one of america. >> bill: right now at the moment, will the trump administration be allowed to pull the plug on the obama era immigration program? that is next. >> there is broad consensus, democrats, independents, republicans that daca ought to pass and i hope the courts uphold that.

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>> julie: attala ben prisoner swap underway. announcing plans to release three high profile taliban prisoners held by the group since 2016. kevin king an american and australian. kidnapped at gunpoint while teaching. let's bring a retired four-star general jack keane, german for the institute of the study of war and a fox news senior strategic analyst. always great to see you. the afghan president says that the government has released three prominent taliban prisoners to get them to free an american and an australian end. does this come with disadvantages with the taliban nonetheless?

>> they were always disadvantages because they take americans and others so they can negotiate the release of their prisoners, that is their motivation. but getting back cover americans and getting the australians back is very important to our people into their families and certainly our government has played a role in this negotiation. what is key here and what the taliban is so concerned about is one of the three that have been in detention since 2014. his brother is the head of the network and his father founded the network and in that structure, his brother's number two. so that's why they want this back. the good news here is the afghan government hasn't been involved in this negotiation with attala been with the united states having a light touch on it. could that possibly lead to further negotiations between the afghan government and the

taliban? i totally agree with president trump pulling the plug on the negotiations the united states was having with the taliban. that was absolutely going nowhere because at the end of the day, you have to negotiate with the government of afghanistan which is running the country, not with the united states. united states can be a player. >> julie: all three of these prisoners are members of the deadly hook on a network allied with attala ban. you have to wonder, can we trust if they are going to be kept under close watch behind closed bars? >> we got to recognize that when we released taliban prisoners, they are going back into leadership roles that they've had, some of the top leaders have been negotiation with the united states who were released out of guantanamo bay. a year and a half ago. so we have to understand that and any resolutions we may have with them are going to stay in qatar is rubbish.

they will get back into the fight and we just have to understand that going in, that is the price we are going to pay for getting our people home. but as i said before, you are not going to be able to trust the taliban. a peace settlement in the future has got to be between that government and the taliban and the fact that they are talking here is a good thing. >> julie: that is a good thing and maybe there is room for further negotiations down the road. i have a quote from the american university of afghanistan which reads while they are not part of these discussions, we continue to urge the immediate and safe return of our faculty members who have been held in captivity away from their friends and family for more than three years. it does say a lot about negotiations being made. what is it say about afghanista afghanistan? >> afghanistan has been a challenge for years. we have 300,000 afghans who have taken the fight to the taliban, i says, and al qaeda.

we have americans who assist them but are not directly involved in that fight. why we are still there is to ensure that al qaeda and isis do not rise to a point because they have aspirations to attack america and we have to make certain that doesn't happen. i think the president understands that and is committed to moving forward. it is frustrating it is taking this long but we are talking about the security of the american people. my judgment is a modest price to pay to protect the american people. >> julie: thank you very much. >> bill: awaiting remarks from the president about to address the new york economic club here in manhattan new york, been here for two days now. we will have that for you when it begins so standby on the state of the economy. house republicans now laying out a defense strategy for the hearings that begin tomorrow. what is that strategy? you will find out about it coming up in a moment.

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george w. bush, thank you very much for talking to us. let's just remind the american public this is all based on a phone call, a phone call in which its transcript was released and does not necessarily prove quid pro quo. the democrats think they've got it in the bag and that's why we are onto impeachment proceedings. what is the strategy if the democrats don't allow republicans there witnesses, isn't that how this is supposed to work? >> it's a good question. the democrats i think are kind of rushing the process through and because of that, they are not giving republicans the opportunity to call witnesses that might tend to disprove either the quid pro quo or be justifying the investigation into hunter biden so you might have noticed over the weekend republicans asked that hunter biden himself be a witness during the public hearings which apparently the house democrats have refused to do. i think this is a mistake on the part of the house and the constitution doesn't require any

particular procedures but i think they have a constitutional obligation or a political obligation at least to make the investigation as public and transparent and fair as possible to the american people have confidence at the house is really doing its constitutional duty and not engaging in a partisan attack. >> julie: they republicans do not feel this has been fair from the very get go. even before impeachment talks began. what do you make of the memo now laying out the strategy to defend president trump ahead of the start of the public impeachment hearing? >> i think they've got a good case because this impeachment proceeding has not followed the practices of those in the past. they haven't allowed republicans to call the witnesses and put on the defenses they would like and most importantly, they haven't given the white house a chance to cross-examine or to explore alternative defenses. that is extremely important. i think the american people would be disappointed if they had the feeling that house democrats he was essentially an accelerated close process to in

effect carry out what the constitution makes its most important responsibility which is decide whether to undo an election. >> julie: there are three committees leading the interviews with current and former trump administration officials, it includes 47 republicans but my guest earlier who has not sat in on the deposition says that this is a due process. i want you to react to this. >> mr. schiff has already said he is not going to let the witnesses on their list come in and we put together a list of witnesses that we think should come in and he is not going to let these witnesses come in to defend the president. he is going to continue to try to control everything and that is the major problem with the process here. is not a fair process, it is not due process. is adam schiff's process. >> julie: and what court of law does the prosecution get to say no, we are not going to take any of your witnesses to the defense.

we are going to be inside a court room right now and the defenses donald trump and his lawyers, they are not allowed to bring in their own witnesses? that doesn't make any sense. that's the whole point is a process. how is it they could prevent republicans from coming in with their own witnesses because they need to have the ability to tell them to do that. you need witnesses. >> i think the point you're making is an important one but it shows a difference between a normal criminal trial and impeachment. the prosecution doesn't normally give the defense the opportunity to participate the problem here is that the senate trial is not like a courtroom trial. there is not a presentation of evidence or witnesses. bill clinton and monica lewinsky never testified the impeachment trial because the senate is just an argument and speeches so all of that has to shift into the house. all those important functions

have to be carried out of the house and they are not under congressman schiff's rules right now. >> julie: i want to come back to the daca program, some 700,000 dreamers in the country. the supreme court now makes a decision, to make a very tough decision here whether or not to move forward on this policy that was enacted by obama. what is going to happen, do you believe? >> i expect the supreme court will uphold the trump administration if you go by what the court said in the earlier travel ban case which also involved the president's discretion on how to enforce immigration laws. i think we all sympathize with the plight of the dreamers. i think it is congress' job to decide whether to allow them to stay in the country and change the immigration laws. right now, they require them to be removed. president to enforce the immigration laws, so what president trump did was actually just restored the status quo to the way it was.

i think the court will probably uphold the trump administration >> julie: just to be clear, that doesn't mean 700,000 dreamers get deported, that's not what this is about, is just about extending the policy which is granted to these the 11 recipients. thank you very much, great to see you. >> bill: the economy, wall street certainly listening with president trump's speech to the economic club here in manhattan likely to call attention to the strong numbers and the stock market gains since his election. rick leventhal is watching in new york, good morning. >> good morning, it is a cold bitter morning here in new york city with flurries possible, but the president expected to deliver a much brighter forecast inside the hilton behind me when he addresses the members only economic club of new york between 131400 senior executives and business leaders will be attending today's remarks according to our own

blake burman from fbn, president trump will highlight how his policies have lower taxes, deregulation and fair and reciprocal trade and support of the longest economic recovery in u.s. history with record low unemployment rising, wages and soaring consumer confidence. of course, the market has been hitting record highs times since july after hitting a possible trade deal with china. the president spoke about that on his way to alabama on saturday. >> we will soon have literally hundreds of billions of dollars coming in from china. we never got anything from china so a lot of very positive things are happening. i think people will be amazed. just to say again, i'd like to make a deal, but it's got to be the right deal. >> the president stayed on topic on twitter this morning tweeting the economy is booming, seems to have another record day. we expect the president to speak

for roughly 30 minutes or so starting just after noon today and he will take some q&a from the audience. >> bill: thank you, rick. we are watching from here, rick leventhal from new york city. we are on standby. >> julie: a cable news anchor dismissing thanksgiving calling it a problematic food holiday. and wait until you hear her advice for dinnertable discussions. >> bill: also, a waiter accused of spilling a drink getting sued by his country club bosses for 30 grand. the story behind that, and expensive cocktail. without my medication, my small tremors would be extreme. without it, i cannot write my name. i was diagnosed with parkinson's. i had to retire from law enforcement. it was devastating. one of my medications is three thousand dollars per month. prescription drugs do not work if you cannot afford them.

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away from one of the most beloved american food holidays, thanksgiving where the

problematic actual history meets delicious cuisine. many of you will soon be heading home to spend time with family and friends, eat a little too much and perhaps engage in a dreaded contentious political debate with your cranky uncle when he start between bites of turkey and pumpkin pie. >> bill: msnbc taking aim at thanksgiving, throwing a bit of mok of trump supporter's. fox news contributor and fox news radio host, quiz host extraordinaire, fox nation. how long does your resume run? do you find some joy in the comments. >> she seems to have it in for roscoe and she is giving all the wrong advice. at thanksgiving we are supposed to tone down the rhetoric. that's the advice we give

people. she wants to tone it up, saying i want you to bark my talking points that your relatives over dinner. that's not going to go well. she wants to fight. she took a crack at auntie caro carol. what you do is you give thanks, she seems to have a problem with american history, it is a troubling food holiday mutt has problems with the food, problems with the history, i don't know what she's getting out there. why is it problematic? we thank the lord above for the bounty of food, it's a wonderful holiday. >> bill: we leave it at joy. so from the u.k. apparently the students over there are not so much into free speech. what's the story? >> i want to give them the benefit of the doubt because just like students in the united states, they want to ban speakers from campuses. so what happens in these surveys, they found a majority

of students would favor banning controversial speakers. here's where i want to give them the benefit of the doubt. a lot of them don't really want to ban the speakers. they are just tired of their friends who were always whining and complaining and they say if it shuts up my dumb roommate, maybe just keep them away. most people just don't want to ban speakers. most people don't need the safe spaces but the students want them there because they think my crazy roommate annoying me. want the speaker on campus. >> bill: don't conform with the majority of students who support brexit feel silenced. have of those questions failed has consistently supporting academic freedom. >> sometimes it is voluntary silence. when i walk the streets of new york as a conservative, sometimes i don't always err my views and is not because i'm afraid or silenced, it's because i don't want to get in any

fights because the other side is so loud. >> bill: from london to new jersey where a country club is suing one of its employees were spilling a drink on a handbag. >> the country club is suing the waiter because the customer, the member of the club had her bag and red wine was spilled on the back. you have that bag, maybe go with the white line. but i'm not going to blame her. i was fortunate enough when i was a waiter breaking into the business, worked waiting tables in new york city at a great restaurant, i will name him complaint, if you spill something on it, buy it, give them the money, you don't need approval from me, you don't need my signature and that's the way you run a business. this country club is full of rich people. >> bill: your kind of people. this is your crowd. >> they pick up the check.

but paper and a bag. what was it, $30,000? it is steep, but pay it because all of her rich friends are going to make the money back from these people. >> bill: i don't know if we will. >> they are going to run and hide because now they are embarrassed and then they sued the waiter, spills happen. that is a nonprofane way to put it. >> bill: to be seen on a t-shirt too. good to see you. lighting things up here, julie. >> julie: what if it was a fake bag? >> pay for it! >> julie: what if it was worth $20 $20 and not 3600? >> lessons learned. >> julie: some good news on jimmy carter, former president recovering after a procedure that doctors say went well. we are live outside the hospital in atlanta with the very latest next.

>> bill: san diego state university suspending over a dozen fraternities after a freshman dies at an event at the phi gamma delta house. the student was hospitalized after police were called to a dorm room. an investigation revealed a fraternity was involved in possible misconduct. >> julie: former president jimmy carter is recovering from surgery this morning, relieved pressure on his brain is due to bleeding from some recent falls. outside of emory hospital in atlanta with more. >> good morning. a former president carter is out of surgery and reportedly doing well. his press secretary issued a statement saying there are no complications from the surgery. president carter will remain in the hospital as long as advisable for observation. performed the surgery early this

morning here at emory university to relieve pressure on mr. carter's brain from blood that had been building up from recent falls. one back in the spring required hip replacement surgery. he suffered two separate injuries in october. one required stitches and another for a fractured pelvis. nevertheless, he continued his public service work helping to build a habitat for humanity home in nashville and teaching sunday school at the baptist church back in his small hometown of plains georgia. even while undergoing cancer treatment back in 2015, mr. carter continued to teach and ultimately beat the disease eventually being declared cancer free. the former president was scheduled to teach sunday school this weekend. unfortunately, that had to be postponed because he is indeed remaining in the hospital. the pastor is urging americans to pray for mr. carter and his family. >> julie: thank you very much. >> bill: our very best to him.

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>> bill: before we say goodbye on this tuesday morning, the "newsroom news vault" takes us back in time and out of this world with the first media shower on record happening on this date in 1799. that's cool. an american astronomer witnessing the leonids meteor shower it from a ship off the florida keys road about it in his journal, describing it as "the whole heaven appeared as if illuminated with skyrockets flying in an infinity of directions." check out what just happened in st. louis, meteor lighting up the sky as we commemorate the 220th anniversary of the first meteor shower ever recorded in north america. how about that? we have come full circle. >> julie: a very cool. by the way, before you go, i

have a happy birthday shout out to a little pip-squeak. she is seven. she's a bird don't like big girl now. she's no longer a little girl, she's a big girl. my daughter, avery, is turning seven years old today. i wanted to wish her a very happy birthday. her nickname is one of her teachers called her little chili pepper. the >> bill: does she take after you are after dad? >> julie: i think she might take after me, and i'm not sure i like that. [laughs] >> bill: happy birthday, avery! have a great day and a great party. this time tomorrow we will be in the first of hearings that could go on, you could make the case, for couple weeks. bill taylor is the first outcome is the top diplomat from ukraine. he will be in the hot seat at 10:00 a.m. eastern time. our coverage will begin at 9:00 a.m. george kent in the afternoon, and on friday we get the former u.s. ambassador in ukraine, marie yovanovitch, was recalled in the month of may. we'll have it for you. 45 minutes on one side, julie, 45 minutes on the other. happy birthday to avery. >> bill: happy birthday, avery!

"newsroom news vault" five starts now. have a great rest of your week. >> harris: to begin with this fox news alert. president trump is set to make remarks one day before public hearings begin and house democrats and petro degree. this, some of the top house republicans are writing a memo to g.o.p. members outlining their strategy out of the public hearings. in that memo, it's argued that democrats failed to present evidence of a quid pro quo in the president's july call with ukraine's president. and that he had "reasonable skepticism of ukraine's history of corruption." g.o.p. congressman andy biggs says republicans also plan to aim at democrats star witnesses. >> they want to deal with the witnesses where they sit. are they biased? what is their credibility? things