America are crossing the southern border, stand by for the stunning images. Senate intelligence committee, topping Donald Trumps former attorney with a subpoena, a seasoned analysis, he has serious doubts those in washington show up to the hearing. We have fox team coverage, chad program has insights into what is happening after the implosion of two government funding bills on the senate floor but first Kristin Fisher is tracking why theres reason for optimism even if it is just a little bit. Two bills that would reopen the government failed to pass the senate today but theres a slight glimmer of hope, Mitch Mcconnell and the minority leader Chuck Schumer are now finally talking and donald trump indicated is open to considering whatever compromise they come up with. If they come to a reasonable agreement i would support it. Shannon theres a catch, the same catch that started the shutdown, 34 days ago. Funding for the border barrier. One idea suggested is they pay a prorated down payment for the wall which people would agree you need. Minutes later House Speaker nancy pelosi called bad idea not reasonable agreement. When asked how much of a down payment the president meant. Some people think shes worthy of the title, very disappointing to keep hearing the word no instead of know, but what about this, just know all the time, you cant just stomp your feet and cross your arms. Reporter the president back republican plan failed to pass the senate. Joe manchin was the only one to vote in favor, the democratic proposal said 6 the republicans defecting including mitt romney but not enough. John kennedy called voting for a bill the president would veto a waste of time. You can teach a goat to climb a tree but youre better off hiring a squirrel in the first place. The trump proposal will secure the border and get government open and the schumer proposal would do neither. Opposition on the side is simple, they should not be held hostage. They should not say we wont pay you unless we get our way on the wall. We have a lot of alternatives, we have a lot of alternatives. The stalemate on capitol hill is fueling speculation donald trump is inching toward those other alternatives, declaring a National Emergency to free up funds for the wall without congressional approval. The president always said he has that as an option. He is not executed that option because he would like to work through the legislative process. House democrats discussing a new proposal expected to include 5 billion for a smart wall, things like drones and fences but not a traditional wall which is what donald trump wants. Shannon thank you for keeping us updated. Lets go to the halls of congress where chad program is following latebreaking developments and they have to do with nancy pelosi. What can you tell us . Nancy pelosi might have a press conference tomorrow. That hasnt been scheduled yet even though i was told it is coming down the pike. That could be where they roll out the plan kristin was talking about. On the other side of the capital the senate is scheduled to be in tomorrow afternoon. Im told by a senior republican source the democrats are not negotiating. Im asking if they have votes, theyve not ruled that out. We will see if things come together they might start to move something tomorrow. At the end of the day we never had a conversation in the past 35 days about an interim spending build up. That conversation got real this afternoon after those failed votes here. Mitch mcconnell called Chuck Schumer to his office. They talked for a halfhour. When schumer left i chased him down the hall and 13 times his answer to every question was we are talking, we are talking. At the end of is a lot people think those two failed votes had to happen. Everybody knew it was a fait accompli but it created a reset to have negotiations and try to move an interim spending bill to reopen the government. The alternative of not talking, that is what they have been doing, so there is at least some chatter. Beginning with the state of the Union Dispute that helped. That was taking up all the news oxygen here. If they were ever going to reopen the government how can they forge an agreement on that and Border Security if they couldnt agree on when and how the state of the union so that was important. Even donald trump said late last night that he thought Nancy Pelosis decision to postpone things was reasonable. The big question, if you interview win the nobel peace prize, how do they end this . How long does this go on before they reach an agreement . I dont know if realer is a word that i will use it. Government workers are going to miss their second paycheck tomorrow. We had all these markers, people said it would get real after the first weekend when the Government Shutdown, then they said after christmas, then they said after new years, then after nancy pelosi was named speaker. It went through this machinations and finally took those two failed senate votes to have a real conversation about trying to reopen the government. You had a coalition of bipartisan senators say we are going to support an interim continuing resolution to open the government. Shannon as things twist and turn, great to have you. Democratic 2020 contender liz warren says republicans are scared of donald trump. More Senate Republicans will break ranks and defied the president when it comes to the border barrier. Mitch mcconnell says the two sides are talking despite the two failed votes today. Rick scott is a republican from florida. This place is messed up. Shannon you are used to being an executive in private business and chief executive of the state of florida. What it like to come here and face this . It is dysfunctional. Almost everybody wants to open up government, they all say they want Border Security, why dont they do it . Nothing is happening. I hope with these votes today the majority leader and Chuck Schumer get something done. We have to get it for the american public, 8000 people not working, we had a bill thursday i thought would pass. They cannot quit their jobs. We are not paying them. Other people can stop and get another job. They are part of the military. Chuck schumer stopped it. Shannon why isnt that breaking through . Real people are impacted. You talk about people serving in dangerous capacities all over the country. There are a group of bipartisan senators meeting and talking, Mitch Mcconnell said at least we are talking, 16 of them. Are you one of them . Do you know about the conversations they are having . There are conversations going on. Hopefully we will see a breakthrough tonight or tomorrow. Weve got to open up government. Weve got heres my frustration. We know we have to secure the border, while redoing it one year at a time . Lets do a permanent fix, do it now so we are not doing it in 3 months or next year. Democrats said they wanted too but when the president put that to the forefront vote the package didnt make it. Seems like it is all politics and who wins, to save space, this is about the american public, doing the right thing, keeping people safe. As governor, give people a job, get get a good education and make sure everybody is in a safe community. The borders, we cant have drugs coming across or other things happening. I got a briefing from Homeland Security and talked to secretary Kirstjen Neilsen today. What do we need to do permanently . Lets not wait. Shannon did you vote for one of the standards of having a large down payment for the wall . Democrats did not seem to be for that either. How can you do that when nancy pelosi says i wont provide any funding . That is not a real negotiation. Democrats are saying no funding so why was would help you to do it 2 or 3 week continuing solution of their not going to negotiate. Donna brazil said nancy pelosi may be working on something to present all that we heard thats not coming, it will be interesting to see. Not even in town. Some of them are but shes not going to be. I want to ask you, youve been a very outspoken voice on this. A map of the number of countries who are supporting and those supporting maduro and those supporting the new Opposition Leader, the interim president. A lot of lives of them lost. Where do we go from here . I want to thank the president. We had the opportunity with president of the National Assembly to declare him president and we did. We need to declare a state of terrorism, stop all shipments, paying the military. We need to put maximum pressure on. If we want to save peoples lives, we need to do everything we can. I want to thank every country that is stepping up like america did, saying we will recognize the new leader who needs to follow the constitution and call elections. Shannon your message to the diplomats, not emergency personnel, your message to him regarding the safety of diplomats and the Opposition Leader. We need to keep everybody safe and America Needs to be part of that. We need to keep diplomats safe but they need to stay there. They are recognized by the new leader. Think about this for a second. These democrats talk about socialism. It is fair, everybody is broke in socialism. You see that in venezuela. This is a thriving country, these democrats need to do a factfinding mission, go down and spend a while and see what has happened to people. Shannon they have great natural resources. Thanks for coming in. And breaking tonight at the border the Trump Administration starting a new asylum process and dramatic new video that may shed light on how migrants are getting across in such big numbers, Trace Gallagher is on the case. The reporting on the border focused mainly on migrants innocent american caravans most of whom are hold up in tijuana waiting for a chance to enter the us but while news cameras are trained on mexicos border with california the rest of the southern border is seeing record levels of activity. Us customs and Border Protection sent video of 100 plus Central American migrants scaling a barrier near yuma, arizona with the help of the smuggler using a ladder. The existing barrier is 18 feet, trumps barrier would be 31 feet. For those who say smugglers would need a 32 foot ladder they forget what would be a dangerous jump to the us side of the border. This videogame days after hundreds of migrant families crossed into arizona using tunnels, the Largest Group of migrant families and children to ever tunnel into the us. Border agents say they are taking advantage of the political standoff in dc. Right now they are trying to take advantage of the situation and get as many people through as they can before this gets resolved. Border patrol says those who cross are easy to get caught because they likely applied for asylum, got a case number and were set free. Beginning tomorrow those in tijuana who applied for asylum in the us would be immediately returned to mexico. It is not a huge change because most asylumseekers have been kept in mexico but as of tomorrow the policy is the official. Along the rio grande sector of the border, since the partial Government Shutdown began Border Patrol agents in texas have arrested 14,000 Illegal Immigrants confiscated 14,000 pounds of marijuana and 800 pounds of cocaine and since october, 100 salvadoran gang members like ms 13 have been apprehended. Here is the president. This is a virtual invasion of our country, from drugs, human traffickers, so many different things, criminals. It is an invasion of our country. James clyburn says walls are primitive and we need a technological approach like scanners, xray equipment etc. The president is technology would be built into the wall. Shannon thank you. The left weighs in on the venezuelan political crisis, we will tell you which side theyre on tonight. The socialist tyrant for the opposition freedom fighters. Here firsthand what the maduro regime from an american who experienced the worst of it. They want me as a guarantee. Two years jailed in the country without a trial, joshua holt made his way home to the us, live next to discuss what is really going on inside venezuela. From capital one. I earn unlimited 2 cash back on everything i buy. And last year, i earned 36,000 in cash back. Which i used to offer Health Insurance to my employees. Whats in your wallet . Now audible members get free fitness and Wellness Programs to transform your mind and body. Download the audible app and start listening today. danny let me get this straight. After a long day of hard work. You have to do more work . vo automatically sort your expenses and save over 40 hours a month. danny every day youre nearly fried to a crisp, professionally vo you earned it, were here to make sure you get it. Quickbooks. Backing you. And the army taught me a lot about commitment. Which i apply to my life and my work. At comcast were commited to delivering the best experience possible, by being on time everytime. And if we are ever late, well give you a automatic twenty dollar credit. My name is antonio and im a technician at comcast. Were working to make things simple, easy and awesome. Shannon americas top diplomat heading to the shannon americas top diplomat heading to the United Nations this weekend as the state Department Issues a level iii travel advisory urging americans to reconsider travel to venezuela, the president ial crisis going on with chaos in caracas, some late breaking news on this front. Just checking twitter chatter, Opposition Leader juan guaido is asking help from diplomats in the United States but authorities and officials in venezuela do not know his specific location tonight. 7 people are dead after thousands protested in the venezuelan capital of caracas. Juan guaido says hes in charge, ousting nicholas madero, amanda Venezuelan Military continues to support. A very sad situation. Donald trump reacting to the crisis in venezuela earlier this evening from the white house. One of the poorest places in the world, that is what socialism gets you. The us is sending 20 million in humanitarian aid in support of juan guaido, maduro seen as a dictator by the Trump Administration took the range in 2013 after the death of hugo chavez. And wednesday, juan guaido said hes in control. I assume the powers of the National Executive in charge of venezuela. But maduro doesnt seem to be phased. He is ordering allamerican diplomats to leave venezuela by the weekend and says hes closing the Venezuelan Embassy and consulate to the United Nations. He has the full support of russian president Vladimir Putin who is urging the United States to back off supporting juan guaido. 20 the Vladimir Putin lectures anyone on not interfering. Heat mister their elections, to crimea, invaded ukraine. The us isnt alone. Canada and other countries are supporting juan guaido lose possible 2028 president ial candidates of not been vocal in venezuela except for Bernie Sanders who on twitter criticized maduro, tweeting we must learn the lessons of the past and not be in the business of regime change or supporting coups as we having chile, guatemala and brazil, that sentiment echoed by protesters in washington as mike pompeo met with some of those countries and brushed off maduros orders for diplomats to leave. The regime of former president maduro is a legitimate. We consider all his declarations and actions illegitimate and invalid. Reporter the Un Security Council meeting on venezuela as soon as possible. Shannon nobody knows the venezuelan government like our next guest, free last may after two years in the countrys most notorious prison. American joshua holt travel to the south American Country to marry a venezuelan woman he met online but the police accused the public of stockpiling weapons and they were house for two years after tens negotiations, they were finally freed. Joshua and tammy holes, great to have you. I know tammy grew up in venezuela. Not sure if she wants to speak but i want to hear from one for both of you, what it is like to see what is happening to the country now and what they are risking. It is very very difficult. Every night she is showing the different news articles she is hearing from families and friends, it is very difficult. People are dying. When we were there the corruption was so great, you dont know what to do, what is the right way, if youre going to be safe, like a sleeping in her room. Shannon senator orrin hatch from utah talked about how he negotiated with many people but he ended up having personal conversations with interpreters and was able to get your freedom through that. Is there any good in maduro or is he completely oppressive and corrupt, basely the beginning and end of the story . You have a lot of people in the government fighting over power. You have maduro who wants to have his own power and you have the one that is doing the worst damage in the country. And the way he kills people, and unjustly goes after people. If he watches programs, he talked multiple times, still the cia boston to venezuela. 70 scholars, it is on a progressive website, actions by the Trump Administration and its allies almost certain to make the situation worse reading to suffering, violence and instability. They encourage violence by pushing violent extralegal regime change. And the reckless course in venezuela, bloodshed, chaos and instability. The way the Trump Administration and many joining this is different than they see it recognizing the Opposition Leader. What do you make of that . They have a lot of knowledge. One of the most important things the government needs to do is to say something, do what they say. And a legitimate people from the government and people come to me and say if marco rubio keeps talking the way hes talking, orrin hatch told him, putting this mans life in jeopardy if you continue speaking and helping the situation. The country and venezuela have a hard time, two separate groups in utah fighting when against the other. They want the publicity. They want to be in politics. The opposition fight against each other. Now finally they come together as one and asking, pleading for help and the rest of the country. Senator marco rubio has been a critic of the regime down there. The two of you are safely here in the us. Wish you the best. Fox news at night tracking down possible 2020 president ial candidates. What they told our producers still ahead on camera and Michael Cohen summoned to testify but they should be facing the heat. Will show. 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Shannon Michael Cohens attorney firing back tonight and for the president s former Michael Cohens attorney firing back after the president s former fixer blasted a subpoena to appear before the Senate Intelligence committee. Lanny davis says donald trump should be censures because hes intimidating cohen and accuses the president s lawyer of witness tampering. city can show up for scheduled testimony before hospital because of threats against him and his family. Now a subpoena on the other side of the hill. Assistant us attorney andrew mccarthy, great to have you with us. What do you make of this . You point out things people dont understand. Cohen may have a lot more to say. The senate says here is your subpoena. I never thought that subpoena would get honored and i understand he would like to spin it that he is being intimidated and im the first person to say it is full of for donald trump and his camp to be making statements about this case. It can we hurt them in the long run but all that said, cohen is not a cooperating witness. The Southern District of new york in the sentencing memorandum they filed with the court made very clear he is not a cooperator as that term is understood in federal practice in the Southern District. What that means, to be a cooperator, you have to agree to tell the government everything and the idea is if you make full disclosure, pleads guilty to the serious stuff and at the end of the process make a motion which allows the judge to sentence you to as little as 0 or time served, they wanted cohen to do that, he declined. The only sense that makes to me is there are things he knows that he didnt want to disclose and they may not necessarily have anything at all to do with donald trump. The point is if he wouldnt be fully disclosing to the prosecutors who could help them get out from under a jail sentence, why would he cooperate with lawmakers . Shannon hes facing 3 years in prison. The special counsels office says he has been really helpful but the Southern District of new york, federal prosecutors have a different take on where he is. I want to ask about breaking news alleging a couple Top White House security staffers who did not think Jared Kushner should have a very elevated security clearance, they said we recommend no, a supervisor over them said yes, hes going to get it. Congressman elijah cummings, chair of the House OversightCommittee Says he asked information about the security clearances. He says tonight the system is supposed to be a nonpartisan determination of an individual fitness for clearance, not an ad hoc approach that overrules experts to give the president family members access to the most sensitive secrets in the nation. How does the system work . He wents the answers in a specific case but i would imagine theres a pretty uniform process for this. There is. The security people do a Background Investigation and make recommendation and their superiors can accept the recommendation which is what happens in the vast majority of cases, or they can over it and agree to give the person security clearance. That can also be ordered by top officials in the administration and in particular the president because the president runs the executive branch, classified information is the property of the executive branch and the president can overrule anyone and give access to classified information to anyone he wishes. With due respect to the congressman i think this comes up in probably every administration, certainly it comes up, this is not the First Administration is happened in. There was a pretty big to do during the Obama Administration about a number of officials who had security clearances, alleged to have connections to islamist organizations and other troubling connections to people overseas and for whatever reason they were given security clearances and the mere questioning of why they were given security clearances was met with a good deal of horror by the media but things are different. Shannon we are not talking a president ial override but someone named in this report. We will keep digging on that. Always great to have your legal expertise, thanks for joining us. For a Vice President joe biden responds to a report he helps them for a republican after the real news roundup, making light of the New York Times report that he was paid 200,000 to praise congressman fred upton when locked in a tight midterm race. Biden had this to say at the us conference of mayors. One of my problems if i were to run for president , i like republicans. Bless me father, for i have sinned. Shannon Elizabeth Warren is proposing what she called an ultra millionaire tax. In addition to paying income tax, 50 million in assets taxed at another 2 and those with more than 1 billion would see another 3 in taxation. According to a brandnew fox news paul most favor raising tax rates on millionaires. 7 in 10 says they are concerned about the amount they pay in taxes. What to do with a lifetime supply of Peanut Butter. During the Government Shutdown, illegal immigrant makes his First Court Appearance facing new charges in connection with four murders in nevada. The president said this bolstered his argument for border wall. The power panel next. Shannon and Illegal Immigrants suspected of killing four people in reno, nevada, making his First Court Appearance tonight facing more charges. The summit dorian ponte property he stole from his victims. In california and Illegal Immigrants sentenced to 401 years to life after being found guilty of multiple violent sex crimes, gang rape, kidnapping to commit rape and blue acts upon children. Donald trump looking for a down payment on his border wall. Democratic strategists jessica karloff, former Border Patrol chief under president obama mark organ. Welcome to all of you. An interesting article in Rolling Stone has a number of historians and professors, the headline is 6 historians on why the border wall wont work. They quote the university of quebec professor saying the more you build walls or the other side becomes foreign and you fear it. If you look at more recent walls, none of them worked the way they were meant to. People go around or under, the wall will be overwhelmed in one way or another. A false narrative. If you go back in history, how many more examples do we need to learn to know this is a crisis, walls work in this is what we mean by walls work, they are part of a multilayer strategy of infrastructure, technology and personnel. Experts never said they could be defeated, 9 effective is pretty good odds. What it does do is reduce is drastically that avenue and increases cases of Border Patrols operational capacity so they can respond and apprehend. They are going to come over and under but it would happen if they didnt have the wall. It is a common sense argument. Shannon a lot of folks admitted even the administration admit they dont want a wall from border to border, they know that is ineffective and in places it wont work. Number of democrats saying part of the solution can be a number of things but there could be physical barrier in some places. Despite the controversy, polling shows over the last few months support for the border wall is increased among us voters. What do you make of it . Jim clyburn came out and said we are working on a compromise bill that would be a smart wall with some barriers that would be extended, add more personnel and infrastructure and address the asylum process in a more productive way than donald trump outlined in his, quote, compromise bill which wasnt much of a compromise. Im hopeful for that based out of the reporting, Senate Republicans are getting angry and fed up with this, how do you get into this mess . We need to get out of it as soon as possible. There is no doubt democrats are set on denying donald trump the wall and he has evolved but the initial request was clearly a wall from sea to shining sea and that is what he ran on the democrats continue to use that. Heather i havent heard of the theory of gop senators but heres a lot of backandforth. Everybody seems frustrated. There is a lot of frustration. Even the gop senators are talked is a lot of Democratic Senators are frustrated with the way nancy pelosi has been handling this. Many of them would support a down payment on the wall at least privately and in backwards conversations but nancy pelosi said that is an absolute nonstarter. The most absolute position of the democrats is quite something. The white house, their fourth or fifth offer, made additional concession after concession after concession and the response has been the same the entire time which is no. Shannon we will see. Chad program was talking about the fact that theres going to be, there were reports there was going to be a rollout from nancy pelosi tomorrow. Donna brazile said the same thing, saying she is putting something together. Do you think there will be anything with commonality . No one will get everything they want. I have nieces who have done a better job compromising. Our elected officials cant do their job. What im disheartened about is youve got nancy pelosi that says no wall. She has laid down the gauntlet. I dont know how anyone at this point can say no wall, go back to 2006, the secure fence act, where bipartisan bill is passed, 700 miles of wall, it is disingenuous. Shannon a number of people on the hill voted know who voted yes back then. A lot are members of the gang of 6 and the gang of 8, we heard from senator bennett that afternoon on the floor and he was a member of both of those groups. Democrats are on record including joe biden, obama, hillary clinton. The issue for democrats is the false premise that this crisis is predicated on. If you look at Border Patrol day come apprehensions at the border are down 90 since 2000. We know drugs are not streaming over, they are coming through ports of entry and being stopped. Sarah sanders got fact checked by Chris Wallace and it was embarrassing. Shannon we know the makeup of his incoming is different and that is a different problem than people get here. The characteristic of the family units coming here make it the same for 21 days but catch and release into the interior of the country is a totally different type of illegal immigration and now we are seeing illnesses at historic rates and theres a humanitarian element to this which is underdiscussed. Shannon we hope folks on the hill can solve it. A kentucky mother of newborn twins, she has been missing for three weeks. We have news when we return. Memories. What we deliver by delivering. And our shirts from custom ink help bring us together. We order custom ink to welcome new employees, personalize team shirts, and even for company events. The design lab is so easy to use. We just upload out logo and if we have any questions, Customer Service is there to help. Seeing our Team Together in custom ink gear is an amazing reminder of how far weve come as a business. [narrator] custom ink has hundreds of products to help you look and feel like a team. Upload your logo or start your design today at customink. Com shannon back to the top story tonight, they shut down, partial Government Shutdown heather the shutdown continues, 800,000 federal workers are about to hit a second week without a paycheck thanks to the senate failing to pass two build designed to reopen the government today. An autistic boy in virginia giving out Peanut Butter to furloughed government employees. He has a lot of it to hand out. He bought a lifetime supply of Peanut Butter during a social media challenge and he wants to put it to use helping others. The case of a missing mother of 4 who vanished after leaving a kentucky bar three weeks ago, police launched a new search to provide answers. Matt finn has details. 7weekold twins, the father those twin souls fox news he thinks the two men savanna was seen with on Surveillance Video knows what happened. Two men leaving a pub in lexington call the other bar the morning of january 4th, police questioned these men but so far no arrests. The van and her mother tell us, this is an active highpriority investigation but so far have not said what they might have discovered in the search of that house or car they seized. In lexington news station says one of the men lives at this location. Her daughter seldom goes out to bars and that night just wanted to have a drink or two with friends. The man is described as the goodhearted reliable young mother who always stayed in touch. Something happened to her. She is being held against her will somewhere. I hold onto a glimmer of hope and say shes okay. Reporter her mother has been sending off what she calls fraudsters claiming they know where savanna is and demanded all types of money. Shannon thank you very much. It is a fan favorite. Our midnight hero is next. A knockout punch, a boxing gym getting kudos for helping those most in need this winter. That is for someone. Pretty good. Could listening to audible inspire you to start something new . Download audible and listen for a change. Lookin better than a body has a right to and shakin me up so applebees all you can eat is back. Now with shrimp. Now thats eatin good in the neighborhood. Whoooo. Did you know the exact same hotel room. Can have many different prices . Thats why tripadvisor searches over 200 booking sites to find the lowest price on the hotel you want. Your Perfect Hotel room for the perfect price from capital one. Nd i switched to the spark cash card i earn unlimited 2 cash back on everything i buy. And last year, i earned 36,000 in cash back. Which i used to offer Health Insurance to my employees. Whats in your wallet . Shannon our midnight the euro tonight is the rock heather our next guest is the Rock Ministry of philadelphia, the rock, as it is called, accommodation church and boxing club that has become a lifesaver these cold winter months. Bible studies help innercity kids insert the breathing, they open the doors to anyone if you need a warm place to sleep. You are tonights midnight hero. The mostwatched, most trusted, most grateful you spent the evening with us, good night from washington. I am shannon bream. Heather is january 25th. This is fox and friends first. Happening at 4 00 am on the east coast, the standoff continues on capitol hill. After two more spending bills fall short, nancy pelosi makes it clear democrats are not ready to reopen the government, still refusing to renegotiate with the president. Live in washington the lights remain off for the 35th straight day. He is good, he is good, hes up and talking and watching netflix. Heather and emotional end to the days long search for missing 3yearold boy