wonderful time, happy hanukkah, a wonderful, happy, blessed new year. focus on family time if you can and i will see you in 2020. shannon bream and the fox news at night team, take it from here. shannon: welcome to fox news at night, we begin with a fox news alert. a rare public order from the fisa court, the judge demanding information about the fbi lawyer linked to the surveillance warrant of carter page following the inspector general report, and later fox news at night investigates pete buttigieg's wine cave fundraiser, the biggest moment from the

democratic debate. it has connections to the clintons and the notorious quid pro quo. stick around. let's kick things off with leland with breaking news from the fisa court. >> we will get to that. >> we are seeing in full force what a federal court who feels they have this been misled and manipulated can do. the fisa court was given incredible power to prevent national security and now they are turning those powers on one fbi lawyer the inspector general named for fisa application against carter page. the fisa court wants and answer to the following questions, it involved the participation, describe any steps taken to verify submissions in those matters, advise whether the contact of the attorney can be up referred to the bar

association for disciplinary action. those orders are rare for sure. calls for accountability, failures in the russia probe have continued, it was identified as the same attorney who said and i trump text messages including the villa resistance in the wake of the 2016 election gives the president and his supporters more ammunition as they gear up for the impeachment in the senate but will there be a trial and is the president impeached yet, professor feldman of harvard university passionately argued for impeachment in front of the house judiciary committee but yesterday, if the house does not communicate impeachment to the senate it hasn't impeached the president. of the articles are not transmitted trump could legitimately say he wasn't impeached at all. nancy pelosi refusing to send the articles of impeachment

until mitch mcconnell agrees to the rules for an impeachment trial. here's one of the house members who wants to be an impeachment manager. >> was we believe is the speaker and the american people should have assurance that this is a fair trial in the outcome is not going to be rigged. >> reporter: alan dershowitz of harvard university says the democrats, hard to imagine a worse idea put forward by good people and calling what democrats are doing an american, not give him the opportunity for trial is unfair and as you might imagine the president had a few things to say on twitter. shannon: he is always there. another big win for the trump administration with the creation of a sixth branch of the military, for 70 years and defending a whole lot more.

we will have more on that bloogeforce will be a reality. it will not be a headquarters until next year. $2 billion allocated for the next 5 years and 16,000 and personnel mostly pulled from the air force which has a space command of its own. we will get more updates on that story but let's get to our top story, let's bring in senator marsha blackburn a member of the senate judiciary committee among other things and there's something she has to say on some of our top stories, great to have you with us. let's get to this judge, the second order that has been revealed on december 5th, referenced in the findings what was expected for that report and it said we expect you to do all these things. to verify materials in those cases that are good and complete and accurate and also when this attorney was referred for

investigation of possible discipline what do you make of the latest rebuke of what the fbi handled the surveillance situation. >> what this tells us is that the fisa court is not going to stand for the fbi trying to play tricks on them and what they found out is that there was a pattern and this pattern seemed to play out through the entire process we have seen with trump and with the surveillance and the fisa court warrant. those surveillance warrants. here is the thing i think people are going to be really wanting to see. you don't have just one person that carries out this and we know that there were case agents and some sources and there was this attorney.

i think what the court is going to do and say if you established this pattern and process of giving up false information in order to politicize this process then we are going to get in here and unravel this and find out what you have been doing and what this involved. this is the kind of thing that yes indeed, there is going to be some accountability and there is probably going to be actions that will be taken not only by the court itself but by other organizations that are involved. shannon: some people say this is the first bite of the apple, us attorney john durum has powers so in looking forward and i had to that do you think there's a danger in overselling the durum report? it might show up and not be as scathing as folks might hope it would be cute you >> what we will find from the

durum report is in the misdeeds and the sense of omission and commission that have taken place, what in this is an actual criminal act, that is what you will find from the durum report. we don't know what that will be but i think everyone looks forward to getting it and more important is we look forward to the fbi returning to be an organization that is trustworthy. right now that institution has lost the ability for the american people to look at them and say we know we can count on you. there are a lot of good people at the fbi. we had some rotten apples. beginning to figure out how big this web is the tried to carry out these actions against the president should be job number one and i know attorney general

william barr is probably hard at work on this. shannon: christopher ray has outlined a number of numerous things they will work on, the fisa application process is part of that. i want to ask about impeachment. nancy pelosi was right about trump's impeachment and democrats were wrong so this is a victory for her calling it a sweet victory for nancy pelosi who has been second-guessed and criticized at every step, pelosi's killed as speaker and her ability to stand her ground has paid dividends and she was right about everything. they can't go over to the senate to get started where you will be a juror, this is what mitch mcconnell has to say about that. >> i admit i am not sure what leverage there is in refraining from sending us something we do

not want. shannon: what is the next move in this chess game? >> i agree with donald trump when he said pelosi is trying to execute a quid pro quo. she has no leverage at all. mitch mcconnell is right on this. we will wait to see if she sends it. if she does not then the president innocence, the functionality of this is he is not impeached. if we don't get it we go back to confirming judges and working on high-speed internet, broadband, closing the digital divide, continuing to work on building out space force, that was an exciting announcement, working on a transportation bill. we have a whole list of things we want to get done and we have a full plate. it is interesting to hear some people say they think she wants to hold this and not send it until we get to the general

election. shannon: do you think if she doesn't than the articles that amounts to the president not being impeached? >> the constitutionality of that is something that would be a legal debate, the functionality of it is he is not impeached, she has to send the articles to us. it is as you heard many people say today similar to a grand jury when they vote to invite and the paperwork never makes it to the court. shannon: we will see what the plan is for sending it over. merry christmas. a precedent-setting impeachment unfolding, congress delay in the senate trial. the host of fox media buzz howard kurtz reports that move is dividing the media. >> article 1 is adopted. >> reporter: after round-the-clock coverage of the near partyline house vote to impeach donald trump a reporter asked him how he felt.

>> i don't feel like i am being impeached because it is a hoax. it is a set up. it is a horrible thing they did. >> reporter: much of the media calls of a crucial in historic and question the personal impact on the president. >> it is an indelible mark on donald trump's legacy and he knows it and that is why -- >> wait until he is the first president impeached by house democrats, important distinction to then be reelected. >> reporter: the press pounced on trump's blistering letter calling nancy pelosi a selfish partisan whose process is worse than the salem witch trials. >> like a letter kim jong-il wrote. >> reporter: donald trump rebuked the democrats in their efforts to subvert his presidency, the new york times says he is angry and a little shellshocked. >> i just left donald trump. he is mad at held. >> reporter: pelosi trying to pressure mitch mcconnell over the senate trial is refusing to send over the impeachment articles and deflecting

reporters questions. >> i said this is it. >> hard to see what the benefits necessarily are to dragging it out. >> reporter: nancy pelosi is dragging her feet by waiting to send articles of impeachment to the senate. nancy pelosi melting down to one poll shows 62% of the public closely following these events compared with 82% for the clinton impeachment. pelosi's slowdown added a surreal element. donald trump telling reporters he wants a speedy trial. shannon: the space force story is big news for the white house, the president announcing a 6 the branch of the military, the first in 70 years but this includes more spending so let's listen. >> with my signature today, you will witness the birth of the space force. this bill authorizes nearly 100 new at 35s.

i honor my commitment, paid parental leave. we are giving every soldier, sailor, airman, coast guardsman and marine a well-earned payraise. shannon: its head quarters won't be announced until next year but $2 million allocated for five years and $6000 in personnel mostly from the air force, the air force space command in colorado. critics say the bureaucracy is just expanding. donald trump signing $1.4 trillion government funding bill before midnight's deadline. a day before house democrats impeach the president. include spending on border securities and obamacare funding and it will lead $500 billion to deficits over the next decade. a major christian publication says the president has to go. will evangelical support waiver? ! for a limited time, get a 4-course meal starting at $15.99. treat yourself to the perfect gift today,

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♪ >> when christians of any stripe support a cause that strike >> to support a cause that strikes me as manifestly immoral. >> my father knew donald trump, believed in donald trump and voted for donald trump and if he were here today i'm sure he would tell you that himself. shannon: donald trump firing back after christian publication founded by billy graham called for his removal from office, graham's and franklin responding so let's bring in the family research council. before i ask any question, are human agreement or do you disagree?

>> christianity like nancy pelosi made sweeping allegations and the only difference is christianity pushed the send button, nancy pelosi has not sent articles of impeachment. they cannot bring themselves to recognize donald trump although he does not fit the mold of republicans are independents or whatever has been a president who has delivered on the promises he made it done more to advance religious freedom, the sanctity of life than any president in my lifetime. shannon: talking about cons outweigh the pro-plaps, trump's evangelical supporters pointed his supreme court nominees, stewardship of the economy among other things, achievements to justify their support of the president. none of the president's positives can balance the moral and political danger we face

under such immoral character. >> there is no evidence. is tweets? what he did before he was president? like nancy pelosi there is no evidence, just sweeping allegations. the evidence says judge the fruit you can determine the root and what we have seen from this president is more to advance religious freedom, persecuted people around the world finding not just -- literally help, we are seeing religious freedom restored in this country, the sanctity of life restored but my question, where were they during the barack obama administration when barack obama had an attorney general who would not release information to congress on the illegal actions of fast and furious and was held in contempt of congress? where river editorials when barack obama refused to uphold

and enforce the law, the defense of marriage act, the editorials when his policies, his administrations forced christian businesses like hobby lobby to violate their faith by having to fund abortion drugs in their healthcare plans. this is very selective and disingenuous and dishonest. shannon: they have written to president clinton, don't know about each of those issues but clearly drawn a line in the sand with respect to this. the transactional cast to trump's rage is particularly constructive once you understand the trump and his top advisers constantly and listed the evangelicals as an army of from defenders in a war against impeachment which is in the evangelical movement as a kind of epic persecution of trump carried out by the godless and the damned. the headline that he is scamming evangelicals. how do you feel as one of the top supporters?

>> for three years he has been systematically doing what he said he was going to do. my question to christianity to those that would echo what they say what is the option? do they want us to support hillary clinton? to support one of the other democratic candidates who will run against him who are for opening the floodgates of abortion in the country through taxpayer funding of abortion all the way to the day of birth? is that what they want? i have been in politics for 25 years in office is working on the outside. the world is like the island of misfit toys. none of us are perfect. we make mistakes. i made mistakes in 25 years but i will tell you this. it was not a mistake to support donald trump in the general election against hillary clinton. shannon: we will see if she gets into the race. you never know. could be interesting. some fox news polling on donald trump's job performance among white evangelicals.

in march earlier this year 81%, now 67%. what is your sense about how they feel about this president going to the ballot box in 2020? >> very strong. i talk to the president about this. i think his actions in syria heard him with evangelicals. he is doing more to try to restore that in the middle east. they don't think this is a persecution of donald trump but an attack on his policies. this president is going back and dismantling the left's infrastructure all the way back to fdr. that has the left incensed. conservatives, evangelicals see that, used to attack their freedom of religion, they have been marginalized by the elite and the courts. this president is restoring the constitution and the freedoms which are found in it. yes, they support him and i believe they will turn out to support him in the 2020 election. as long as he keeps his promises and stays on the straight and narrow i think he will have their support.

shannon: 180 federal judges to his credit. i'm sure they will be supportive of that. merry christmas. >> merry christmas to you. >> west point investigative cleared two benjamin and cadets from any wrongdoing from use of hand gestures broadcast during the football match next week. there were groups cried foul over the gesture calling a symbol of white power. today the military academy so the men were playing the circle game and there was no racist intent behind it. prosecutors announce the largest ms 13 crackdown in state history. officials charging 100 gang members with crimes ranging from conspiracy to commit murder drug trafficking. law-enforcement officials said this renders the gang in operable. fox news investigates whiny caves. we take you inside some serious extravagance.

♪ >> shannon:

shannon: the road to the white house is paved through wine country or specifically through wine caves because that's what 2020 democrats were arguing about at the debate, pete buttigieg hosted that. what we know about mayor pete's event, this is all new to me. >> reporter: $900 bottles of cabernet have progressive sour on pete, big-money donors that have mayor pete's opponents fuming. mayor pete clinked glasses beneath napa valley and one of the region's wine caves filled with top dollar donors who were thirsty to hear directly from the democratic field's newest star. the hosts, katherine and craig

hall, well-known in the california wine industry. katherine spoke to fox 2 news's greg lee and told him 35-40 guests were at the fundraiser and while they sipped red wine, it was the green mayor pete's campaign was after, all of the guests donated the maximum $2800 allowed by campaign contribution laws. >> today money matters in a campaign. if you have a message that is important you want to get it out. >> reporter: the halls are no stranger to helping fill the wineglasses and more importantly campaign coffers of those seeking the oval office. hillary clinton in 2016 and big donations during bill clinton's second term that helps katherine make the move from dallas to us ambassador to austria in 1997, a little piece of austria followed them home, the wine cave is constructed of repurposed austrian breaks. as for craig hall he was known in the political world before the halls moved overseas. in the 80s he was the child or

-- each chairman and founder of the group that needed a $300 million federal bailout after risky investments. gym right, a texas democrat to get loan collectors to back off. to give struggling industry, a billion-dollar lifeline, they had a choice. this was removed and legislation went through. congressional ethics investigation took out of office in the 80s, by paying $100 million. i went on the website for the whole wine cave because i wanted to see what a wine cave was, you don't need to be a presidential candidate. shannon: you need to capitalize on viral moments when they come,

check it out. and investigative journalist. the online search for wine caves trending and what they are all about. >> greeks and romans fermented wine in caves thousands of years ago because of temperatures and humidity but only so many caves near vineyard. a man-made tunnel built into the hillside, with angels perfect conditions. and in sonoma and napa valley, a promotional video by condor earth, and costly caves. >> humidity control, temperature control. >> this is owned by silicon valley magnet, a 45,000

square-foot wine cave consistently 62 °, a natural stream and waterfall. and elizabeth warren introduced much of the world to the concept of the wine cave. >> billionaires in wine caves should not pick the next president of the united states. >> reporter: he was referring to the rutherford wine cave in the hills of california in napa valley. it took place at a banquet table position to reflect the luminescence of a chandelier with 1500 crystals. >> i am literally the only person on the stage who is not a millionaire or billionaire. >> reporter: the website seems to be poking fun at the controversy. wine caves trending for thousands of years on the main page. shannon: i understand they are

not fancy but -- the choice americans have, socialism versus trump is him. our panel debates that next but the real news roundup, a teenager sentenced to 16 years in prison for burning and lgbt q pride flag. martinez admits stealing the flag from an iowa church and setting it on fire two blocks away, he was convicted of a hate crime, third-degree harassment and reckless use of fire. hunter biden refusing to disclose personal finances in his paternity suit. the mother of his child claims hunter has not provided child support for more than a year. robert will be the question biden under oath at an upcoming hearing in january. this author, this tweet from the author jk rowling under controversy questioning forcing women out of their jobs for stating that sex is real. she is referring to the firing of a woman who said person

cannot change their biological gender. the human rights campaign responded to and women are women, trams men are men, non-binary people are non-binary. nobody likes a tight squeeze.

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>> shannon: how do you change how do you answer top economists who say taxes of this magnitude would stifle growth and investment? >> they are just wrong. >> would you be willing to sacrifice some of that growth even knowing it could displace thousands, maybe hundreds of thousands of blue-collar workers in the interest of transitioning to the greener economy. >> the answer is yes. >> you said last month the us as compensation to children separated from their families at the southern border. are you committing as president to financial compensation for those thousands of children? >> yes, and they should have a fast track to citizenship.

>> record military investment, our country has rejected -- embrace the destiny of american dominance. shannon: what will americans choose? progressivism or trumpism. campaign pollster chris wilson, i want to put up the fox news poll on whether people have a favor opinion of capitalism versus socialism. capitalism was a 57% in february and now but look at this, sick points additional positive opinion of socialism since then. is the democrats message working? >> it is not. what this is, the american public puts on their jerseys and continue to hear from the democratic party that socialism is okay and those people who call themselves democrats i must have to believe it is okay if i want to be a democrat or i dislike trump. it is synonymous. it is insane when you hear those

answers. tim alberta asked about putting people out of work and joe biden is okay with it, my guy whose main argument is eligibility. i am almost dumbfounded by the debate, the best debate, i think it was his worst. last night he may have been more articulate, had more to say but gave donald trump the most issues to come after him with because he put himself in the same category with the alexandria ocasio cortez saying we are willing to pass regulations, raise taxes and put half of america out of work. shannon: the washington examiner says is joe biden trying to lose the rust belt? threats to kill jobs, cycle economic growth are not the way to win blue-collar workers. the rest of the presidency. you think biden would have learned that by now. he has been the guy, i am with you, manufacturing factory

workers, might scare those folks a little bit. >> joe biden is telling the truth. the economy of the future will not be burning coal and oil. in 50 years and 100 years we will have a green energy economy. the growth will create millions of new jobs over the next decade will be in green energy and clean energy. just like 100 years ago people were saying automobiles put horse and buggy drivers out of business or kerosene was going to put out of business by edison, we have to transition to the economy of the future and the rust belt understand that. shannon: the right is using the word socialism to scare people, the daily beast, socialism made america great, the specter of socialism served as a convenient bugaboo, one of my favorite words, to invoke whenever its

interests are threatened by progressive legislation liberal advocacy adding conservative credit for correct labeling certain initiatives and socialist but few of their followers would be willing to do away with social security, medicare, even though they were decried as socialism when first introduced. >> i have to correct something robert said. the question is not about doing away with call mining jobs, the simple question with blue-collar jobs is an important distinction. if you want to hang your hat on call mining hillary clinton said she would put a lot of call miners out of work you saw how that worked out. the way socialism is defined, the daily beast definition, it is trying to be redefined, almost categorical with democrat positions today. as we move into an election campaign you will see socialism faceup to capitalism and donald trump reminding the american

people what happened in venezuela, the soviet union, cuba under socialism advanced forms of socialism and hasn't worked out that will, socialism belongs on the a sheep of history. anyone who wants to be a success in america to socialism doesn't understand economic history. shannon: and some folks think it is not a winning strategy for democrats, peggy noonan writing an opinion piece under the headline crazy won't be to trump, from their first debate in june major candidates announce themselves to be for higher taxes, banning private health insurance, the green new deal, free student loan forgiveness, free health insurance for illegal aliens and socially open borders, makes the 2020 raise not trump versus democrats a race you can lose but trump versus lefty madness which he can win. >> we have two candidates, bernie sanders that was before and generally they split 30-35%

of the electorate throughout the polls. 60%-70% of the democratic party believes in traditional american values, hard work, unions, fairness but they understand the need to rebalance the playing field half of america, 1% of america in wine caves, fundraisers and crystals and have to work hard every day, there has to be balance and fairness. shannon: i'm interested in checking out the wine gave for myself. if they have discount days we will go there. thank you very much. night court convenes next. neighborhood showdown over christmas decorations. find out what happened next. [music playing]

♪ ♪ ♪

♪ >> shannon: time now for "night court" on the dock at the lawsuit literally straight out of a christmas story. if family a bb gun shannon: time for night court, a lawsuit out of a christmas story, a family suing a bb gun company over their synapse eye injury, the supreme court overturning a ruling ever homeowners association successfully sued a family after christmas lights were left on their house. let's bring in washington times legal affairs reporter. in the first story of the supreme court decided to send it to the lower court to straighten it out but we are talking about a family with decorations up,

300 days out of the year. let's go to exhibit a, homeowner guidelines say the intention is to promote harmony in the community, to avoid discourteous and unsafe conditions affecting property values and avoid religious issues in the community. what is the problem? >> the court said the problem was seasonal guidelines were not properly incorporated into the ho's official bylaws. part of the problem was you had bylaws which said certain rights couldn't be put on a lot, didn't dictate the wattage location. one of the arguments is these lights were on the door, not necessarily land. they got in the weeds. it is important these bylaws are very clear so property owners know what they can or cannot do on their land and are not using it in a discriminatory way. we have seen lawsuits across the country over this especially with some sort of religious

waves during the christmas season, nativity scenes for example. shannon: this happens all the time. there was a lot of reaction about people who do not love it when people leave of their lights past new year's. this family almost all the time, they were celebrating other holidays because of seek religion, hindus and others and it was important to them. virginia supreme court decisions that we find the seasonal guidelines imposed against these exceed the scope of the restricted covenants and are not reasonably related to any of them. what say you to exhibit the? >> the legal definition of hokey pokey turn yourself around. these guidelines were very clear what they could do. these people were gaming the system, multiple religions, 24/7 past the time period they want these lights off. this association has a right to have certain guidelines. they were not trying to

discriminate. they had an opportunity to ask for additional time to put lights up. on top of that they never once went to one hearing, never apply for an application, just trying to cause a problem here in the only ones in the group that decides the ruling was inappropriate. heather: the second case reminds of this famous movie in this clip you hear a lot this time of year, take a look. >> you will shoot your eye out, kid. merry christmas. ho ho ho. shannon: i love that movie. unfortunately in this case is 17-year-old can, somebody brought the bb gun and he lost his eye because of the gun firing. exhibit c, in the lawsuit in

2018 the family says the gun uses the bonfire malfunction and misfired and the guy's i. what do you say to that? >> the interesting thing, they settled lawsuits in the past, one was due to their labeling issues and the other was a similar case in 99 with a boy who was shot and suffered brain damage and subsequent passed away. they had to settle in the past due to the fact that this is something the boy has to argue there was a design defect or air in the manufacturing the cause the gun to jam and therefore now he lost sight in his eye. shannon: we know the manufacturer, the us product and safety commission had sued them. 7.5 million air guns, they have a settlement but the gun company was supposed to spend money on

publicity with dangers of the bb gun and these accidents happen, accidents, malfunctions, what say you? >> they are unsafe and that suit dealt with making better warnings but in this case a big factual dispute because gun manufacturers said there is no evidence there was a manufacture or design problem. rather the company argues when a bunch of teenagers are hanging around a bonfire drinking and smoking weed and having a bb gun but that is the reason this occurred. if it is not a manufacturing defect that is all on the people that had the weapon. we are always going after gun manufacturers. every time somebody gets injured. guns create danger, cars can create danger. that doesn't give you the right to sue just because you did something negligent. shannon: you have made your arguments. we will see what folks think, you can use the hashtag night court, let us know. merry christmas, good to see

you. now for a special midnight hero. a single mother of 3 lost -- she had all her christmas shopping for her family. the broward sheriff's office stepped up when they heard about this, they started to drive after seeing what happened. in less then a week several tables covered. and 11-year-old had one big wish this christmas season, santa delivered her forever family, she was adopted by her foster parents, an awesome life-changing event. christmas came early for homeless pets in phoenix, the santa paz project, holiday cheer in the form of donations, fit food, toys, to this animal shelter for six years, he credits his partners with the

outpouring of donations. to all of those demonstrating holiday heroics this season, you are our midnight heroes and there are a lot more of you out there. most-watched, most trusted, most grateful you spent the evening with us, merry christmas, happy holidays, happy new year. stand with his people israel

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♪ >> jason: welcome to this special edition of "hannity." the democrats and the deep state. i am raymond arroyo and for sean. president trump searching and the polls, impeachment is turning into a major political disaster for the left. according to a new survey, two-thirds of voters believe democrats are more interested in the impeachment charade than actually passing legislation. meanwhile in the 48 hours after wednesday's vote, the trump campaign raised a whopping