memorandum. our special guest, congressman mark meadows. he says the american people deserve to see the memo. and scary moments for republican lawmakers, 200 of them. a chartered train carrying them to a retreat in west virginia, collided with a trash truck. the driver of the truck was killed, a passenger critically injured. none of the lawmakers were injured. but president obama says they are shaken. president trump: they are doing pretty good. the train accident was a tough one. a tremendous jolt. and they are proceeding to their conference. we don't have a full understanding yet as to what happened. but it was a train hitting a truck going at a pretty good speed. lou: tonight it's unclear why that truck was on the tracks. the presidential himself will be addressing lawmakers at that retreat tomorrow. it will be something of a victory lap for the president who delivered a powerful, impressive, state of the union address. we'll discuss what's next for this president who seems unstoppable. ed rollins, former deputy assistant to the president and sebastian gorka. our top story, the countdown to the house intelligence memo release. president trump has three more days to decide whether to make the fisa abuse memo public. all independentcation he will do so as soon as tomorrow morning. but it has caused a deep rift with the new director of the fbi who decided he's worried about omissions in the document. we are learning the fbi has concerns, despite viewing a white house version of that memorandum. the product of a review of that memorandum. kacatherine:memorandum.her cathe herridge has the latest for us. catherine: the discussion on whether to release the memo was acrimonious. quigley asked if he cord tbhaitd the white house. nunes, would i just answer as far as i know, no. and i would say we are well awear it minority has not wanted to conduct this investigation by the public opposition to the subpoenas we issued in august. the committee's ranging democrat adam schiff highlighted the passage. the feud between the fbi, justice department and capitol hill took a new turn with the bureau issuing a rare public statement saying the four-page memo is misleading and incompleted. it read in part the fbi was offered an opportunities to review the memo. we have grave concerns about material issues of fact. nunes disputed the claim and focused on how long it took the fbi and doj to comply. and he called them spurious objections to allowing the american people to see the information. he continues, it's clear top officials used unverified information during a an american political campaign. christopher wray and rod rosenstein were at the white house earlier this week. the president made his position known after the state of the union. ed the committee is not saying if they have any sense of when the memo will be released. but are getting a better sense of how long the fbi director had to review the memo. we understand that he had 90 minutes along with congressman anyone's and congressman gowdy to read that four-page memo. lou: wouldn't fbi director had taken a look at that memorandum. there was time a plenty to respond. he did not. as you reported, there was no revelation of any concern about a misstatement in that memorandum. and suddenly today we are talking about a director who is concerned about omissions. this is a strange rupture between the fbi, which after all is an executive agency, and the president of the united states. catherine: the bottom line for me is if the fbi director have all had a chance to independently review the memo and voice their concerns. our contact says they did not point to any inaccuracies. today that turned into a statement about omissions creating a document that is misleading. the clock will run out and the memo will be released and the parties can fight anew over what it says. lou: catherine herridge thanks so much. outstanding reporting on events critically important to the nation. devin nunes also putting forward this statement saying the memo contains all of the relevant facts on fisa abuse. saying, if we have this up on full screen, please, after fighting our demand if for these documents for months, the fbi and the department of justice now seem to be going through a series of increasingly ridiculous, increasingly desperate excuses to avoid transparency. this an extraordinary moment. we are look at house oversight committee, the intelligence committee being treated disrespect any by the agency over which it has oversight responsibility. this is stunning, stunning stuff this evening, and it's headed toward taken outright collision. our next guest here tonight has viewed what he says is the disturbing document that the american people deserve to see, and he wants that memorandum released straightaway. joining us from the republican retreat in west virginia, congressman mark meadows, a member of a number of key committees. and he's chairman of the house freedom caucus. these latest developments here, this is getting uglier by the moment when we thought we were on the way to transparency, the release of the memorandum straightforwardly. >> well, it is getting you lire. but the other part -- it is getting uglier. i have been calling on it along with a number of my colleagues. jim gordon has an obligation to inform congress when there has been fisa abuses. he is following his constitutional duty to advise us of that. the fbi had to come under subpoena and threat of contempt to produce the document. now all of a sudden they are saying they are concerned about omissions? let's put all the documents out there. if they are concerned about this four-page memo which truly is revealing and the american people should be concerned about, let them judge for themselves. let's put all documents out there. i don't think they want that either. when we are talking about this tonight, they have grave concerns? i have grave concerns that the kinds of things i have read about cannot continue. and now is the time for transparency, lou. lou: i think nearly every american would agree with you certainly. i would say all americans would, but we don't live in that time and age in which we'll have unanimity of view. it strikes me that this is president trump's director of the fbi now. we are talking about a man put in that job by this president, and he has the effrontery to go against his president, our president? there is in this government as you well know, a head of state and a head government. in our system of government, he's the same fella. i'm stunned what we are witness from the justice department, the ignorance of its as and the ignorance of the words from the head of the fbi. there this is stung, stunning stuff. >> as crafts relationship was -- at catherine was just reporting, they had 90 minutes to go over and say are there any factual continue accuracies in this memo? my understanding is they could not find any factual inacross a is. so now they want to tell the rest of the story so they can spent there way. we even couraged our colleagues to supports -- we eve encourager colleagues. this is not a partisan document. this is a document that truly elevates concerns that all americans should be concerned about. lou: we are just receiving word from our chief correspondent at the white house telling us the new version of the memorandum as it has been in some ways altered by the white house review, by professional members of the fbi, were at the white house to meet with the chief of staff john kelly and to go through that. despite kelly's efforts, john roberts reports, to allay the concerns from the fbi, the fbi released that statement today saying there were omissions and they opposed the memo's release. the statement roberts reports has left the white house scratching their heads as to what the fbi and the department of justice are up to. i can make an interjection and say what they are up to. they are trying to cover themselves and their actions from the view of the american people. >> well, one could draw that conclusion, lou. when you see what this actually is all about is not about divulging any times of sources. this is about transparency and what went on and should have gone on. i can tell you i have been calling for a special prosecutor to investigate this. if they are concerned about anybody putting their hands on the scale or lady justice people from behind that blind fold. let's get a special prosecutor. but they haven't been forthcoming. we have been requesting documents on the over$sight and government reform committee for many many weeks. and we have gotten less than 2,000 documents of 1.2 million documents. if they are concerned about omissions, they have part of that responsibility. lou: a substantial part whenner in telling the committee with oversight, aing long with judiciary and the senate and the house, they are telling congressional oversight to go to hell. and there is in other way to construct this. that is precisely what they are doing. >> that's what they are doing. but, you know, lou, this is not my first rodeo. we'll be tenacious and we'll make sure your viewers and the american people have the right to see this. lou: congressman mark meadows, thank you for being with us. we appreciate everything you are doing for the american public's right to know. we are coming right back with much, much more. the deep state trying to hide the truth and obstruct the release of the house intelligence committee memorandum. but president obama says he's 100% for the release. we take up the fbi and the department of justice web of obstruction and deceit here next. president trump reiterates his firm stance on national security and border security. president trump: my duty and the sacred duty of every elected official in this chamber toys defend americans, to protect their safety, their families, their communities, and their right to the american dream because americans are dreamers too. 237. loulou: much more on the let's get started. show of hands. who wants customizable options chains? ones that make it fast and easy to analyze and take action? how about some of the lowest options fees? are you raising your hand? good then it's time for power e*trade the platform, price and service that gives you the edge you need. alright one quick game of rock, paper, scissors. 1, 2, 3, go. e*trade. the original place to invest online. he gets the best deal on the perfect hotel by using. tripadvisor! that's because tripadvisor lets you start your trip on the right foot... by comparing prices from over 200 booking sites to find the right hotel for you at the lowest price. saving you up to 30%! you'll be bathing in savings! tripadvisor. check the latest reviews and lowest prices. my "business" was going nowhere... so i built this kickin' new website with godaddy. building a website in under an hour is easy! 68% of people... ...who have built their website using 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there is no subject or line of inquiry that hasn't already been answered. staff interviews and 20,000 pages of records have been provide to the special counsel office. joining us now to assess all of that, all of the developments with the house intel memo release and more is fox news legal analyst, gregg jarrett. the reasoning of the president's attorneys is to say to the special counsel, wait a minute, you should have answered all the questions you might have for the president. gregg: it's a smart leg maneuver. it's been used by prior presidents and it's meant to gain some leverage to try to convince the special counsel to limit the scope of the questioning. that's exactly what bill clinton did when was questioned by ken starr. so it was a smart move. it did work out pretty well. they were able to limit the scope. but then the president lied. as president bill clinton and his wife are prone to do, and that led to the impeachment. lou: i am thinking the attorneys must have said that damn president. this -- the effectiveness of this on the part of the trump attorneys to keep the special counsel the hell away from the president. >> when push comes to shove, the special counsel can slap the president with a grand jury subpoena. and the president would have to appear before the grand jury. the best way to deal with it is to negotiate and get a better deal on a legitimate basis the lawyers are alleging. if it's obstruction of justice that requires a corrupt act, only the president knows the motives behind his actions. lou: the president it seems to me there is no potential for corroborating contradiction from any quarter if he's the only one who understands the contradiction. gregg: you don't want to set a perjury trap. lou: i don't want to set a precedent by having anything to do with a special counsel who is conflict as his special counsel is who has a mandate that's so ridiculous to be farcical. why perpetuate if you will, fraud, even upon the concept of special counsel. gregg: as long as the president sticks to what he said earlier, i fired comey, my constitutional right for a legitimate reason that was laid out by rod rosenstein. lou: couldn't the president of the united states say to robert mueller face to face, nose to nose. your buddy, rod rosenstein, the one you have so much association and great conflict sitting here in front of me is the guy who said these are the reasons we should fire him. greg: exactly what i predict the president will do. my only worry is rosenstein might try to contradict the president which is why rosenstein -- lou: he has to contradict his own memorandum first. first. lou: a memorandum that's been sent through the department of justice and the white house? gregg: i would never trust rod rosenstein. ed the fact that he refused to recuse himself when the law demand it tells me he's not a guy to be trusted. lou: so the american people are finding that snakes like rosenstein, robert mueller, james comey, they have set the course of history for this presidency than is no altering the course of events? gregg: my friends at the doj say that rod rosenstein had a nickname. it was frank burns. if you are a fan of the "mash" television show, you know what that means. lou: was he the colonel? gregg: he was one of the doctors everybody despised except for hot lips. lou: gregg, thanks so much. be sure to vote in our poll tonight. do you believe we are about to learn the full extent of fbi leaders' corruption? on wall treat stocks closed higher. no suffering another dave losses. the dow gaining 73 points, the s & p up 8 points. the nasdaq up 9. stocks closing out the month of january with strong gains. the dow and s & p gaining 5% and the nasdaq 7%. that's what we call a good report. up next, dimms want to be known as the party petulance and scowling. stay with us. you may be at increased risk for pneumococcal pneumonia, that can take you out of the game for weeks, even if you're healthy. pneumococcal 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political director for president ronald reagan, fox business contributor, much, much more, good to see you, start with the white house. trying to appease fbi, they recast memorandum, make changes they think will go over with the fbi and the fbi director that this president appointed. outcomes today's fbi response saying there are emissions and oppose the release of the memorandum. i thought that the president of the united states ran th the government, head of state, people had to get in line. >> he is. lou: why is he putting up with this bull. >> he shouldn't. if they alter that document, they have damaged all credibility they might have on this issue. house -- this committee has oversight, in our lifetime we had fbis under first director hoover, corrupt. we had an fbi deputy director who fed all stuff to boob bob woodward, top the that agency from time it time, you get bad people, i think that reality most of them. lou: clear we have very good people, doj, and in fbi. >> and on after 8 years of obama people, it is no doubt, that key thing is that this president has turned everything el that obama did, he needs to turn it and have full, full compliance with what he wants. he wants to release this document as circumstance he should do it -- as is, he should do it quickly. lou: i don't know the nonsense, why is the chief of staff the one working this with fbi. shouldn't it be president's counsel. >> it should be. lou: what the hell is going on? >> it should be, and with all respect to kelly, he is not a lawyer, there is a good lawyer, mcmahon is a good lawyer, and look at it, and put stamp on it, put it out the door. they are not going to rewrite it. if they do rewrite it they damage the credibility they have. there document was prepared by the committee, passed by a majority, and by congress, and president needs to release it period. lou: we're told, whatever it is, whatever shape it is, it will come out as early as late tomorrow morning. i hope that is correct. because now this is working against the president because of the clumsy nonsense in his white house, that has got to stop. comes off the most billion states of the union, and deal with idiots in his own white house. >> he needs to put a choke collar on director of fbi. on all of them, say you work for me, do you understand, this is what i want to do, he gave a great speech with a clear message. now he needs to make people follow through and implement it. lou: starting to appear there are several policies, the president, the chief of staff, homeland security secretary, who will hell knows what is going on in department of justice. >> only one person who got votes. he gets to make the decisions that is president. lou: you would think that would be clear to all, it is not. ed, let's turn very quickly to that speech. your thoughts how it come -- let's go to your old boss, president reagan how does it compare. >> i turned to my mutua wife mii said this a suburb speech, this is a reaganesque speech, the best speech trump has given, it is one of the best speeches clarity, every single member of congress, senator can run on this message it was a reinforcement. you see by approval ratings, 75%, 70%, two polls 95% of republicans and independents approve the speech, it was great. lou: independents over 70% approval, and that is a number that you need to remember come over in in midterm election. >> that is the deciding the election. lou: that will. ed rollins thank you. >> thank you my pleasure. lou: appreciate it. >> thank you. lou: we're coming right back, a lot more straight ahead, stay with us. mounting pressure on fbi leadership, ousted deputy director andrew mccabe under scrutiny hear his handling of hillary e-mail scandal, and christopher wray seems contempt to try to stonewall the release of the memo. we take it up with chris fair ill of judicial watch. -- farrell of judicial watch. and this dare devil, we have the amazing video for you coming up next. stay with us. 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something or from something, make sense. the white house the chief of staff met with 5 professional staff from fbi, thought they worked out a deal where the president, white house had massaged that memorandum from house intel committee, then despite that, outcomes fbi opposing the release. >> let me boil it down, the fbi is threatening the president of united states. lou: how so. >> you know, they will come out, first of all they tried to put him in a corner, say we really don't want you revealing all criminality that is going on in the organization. so they are in a very reactive sort of posture. so they broker a meeting with chief of staff, who is wrong person to meet with, first of all. lou: i would think. >> then. even after this supposed negotiation with white house gave up its power, the position of authority, they act weested -weested -- to a meeting which never some have happened, with 5 so-called expert, warning and oh, you know general kelly this will be a grave problem. they try to intimidate to cover-up for their criminality. then when they are done, they still come out with a statement, when is last time that fbi came out with a statement on anything? >> a great point. they have not -- i still have not seen the benghazi report. i still have -- we could go through the list. >> yeah. >> fbi is a place where truth goes to die, they are used to cover-up under fbi investigation. we wencan't answer your questio. >> political operators, are threatening the president of the united states, they are betraying their oath to the constitution, they are so defensive and so reactionive reg to cover-up for the big fbi machine. and when american public learns about what is going on at headquarter headquarter, let me tell you, fbi agents or agents, feel officers all over the country where shi shimon peres r -lar -- similar shenanigans goig on. i point my finger to el paso, texas. this -- unfortunately. lou: u.s. citizens. lou: >> correct. things that i have reported to the flthe inspector general, thw this stuff, this is worst kept secret in country. they are terrified, they are embarrassed and frantic, that is why you see them issues the statement, that attempts to under cut the actions of chief executive of usa. lou: it might be morer persuasie if they had credibility with american people or congress. we have's full screen from befordevinnunes. this is what nunes said. the memo, referring to house intelligence committee memo, contains all relevant fact ossifiesa abuse, the -- facts on the fisa abuse. -- referring to the 5 professional who met with john kelly, this is getting to be so ignore apignorant and disrespecf lawful authority, namely the head of government, president trump. i can't believe it being tolerated. where the hell is the attorney general, why are they letting this happen? >> the chief of staff, when he go the a call from the fbi, however th communication was, te response should have been, how dare you. what you are doing? what you are so afraid of that you are trying to swing the pendulum the other way? the president of the united states has signatures authority, to release anything he wants to. if he believes in in document. why play these watere weird pate games with 5 so-called expert, they are afraid or concerned that fbi will push back hard or further clap rate with people like -- collaborate with people like mueller to fr try to attack legitimacy of this presidency, this is a grave threat, not just on mr. trump but on the constitution. >> what should the president do, do now? >> release the original memo, as drafted by mr. nunes. and get it out tomorrow morning at about 7:00. let everyone pick it up and run with it. lou: and there is also a loud message to his chief of staff. get the hell out of the way, this is now a matter of the president's authority. of this government. >> his pregtive. >> yep. >> all right, chris ferrel thank you, there a lot more to conservative, we'll have to talk more in days ahead. >> thank you, lou. >> thank you. >> chris farrell, judicial watch, please. role video. >> i used to do this all of time. i couldn't imagine. rooftops in hong kong, playground, watch they turn rooftops to a obstacle course. and personal playground. they were also on the win from security we're told. but we didn't find out about that until later, the video had been made, we thought we would use it go way, up next, battle over our broken borders, dreamers, dreamers, dreamers. they had a different dream, they raved trying to smuggle more illegal immigrants into united states. as president trump demanding congress demand security border with the wall, we have a respect with you next, stay with us. lou: president trump promised to build a wall in our southern border, a work at best in progress, mostly in concept right now, fox news. correspondent william on the southern border with our report. >> building a great wall. reporter: tuesday night, president offered no specifics on cost or length. >> keeping cartels out, narcotics out, terrorists out, gang managingers, and ms-13 out there is a good thing. >> border patrol union is standing by the president. >> a real compromise is something where nobody is happen, that might be where we have to go on immigration reform. >> open borders allowed drugs and gangs to pour into our most vulnerable communities. reporter: uses term open borders is controversial, considering president bush doubled size of border control, and -- patrol, and president obama deported two million immigrants. >> more i.c.e. agents and more border patrol, look for me, my community not secure. >> this captures a dreamer helping smuggle a load of immigrants who arrived by boat in san diego, agents arrested him and 7 others, president's plan recognize the number of mexicans apprehended is out numbered by those from central america, a third caught are children. >> pending a hearing for some many never show. >> ends dangerous practice of catch and release. reporter: two issues that president did not address. 40% of those here illegally, and everify, that program that employers use to verify a worker's immigration status before hiring them. without it, critics say, u.s. still encourages illegal immigration. lou. lou: william thank you, you are right. without everify, it note a comprehensive program for border security. >> up next. rush to defense of deep state while whining of release of house intelligence committee memo that will show highway howt the department of justice has become, stay with us. you might take something for your heart... or joints. but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. the great emperor trekking a hundred miles inland to their breeding grounds. except for these two fellows. this time next year, we're gonna be sitting on an egg. i think we're getting 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they object to it being unclassified. not to change it. lou: not to bow to the agency that is under the oversight of the committee that wrote this. devin nunes has shown more concern for the rights of the american public including jim jordan and matt gaetz. but this has to be taken soberly and righteously to the american people. >> god willing the president will say release it unredacted. and then we'll owe devin nunes a deep debt of gratitude. the fact that the agency that is under investigation is balance canning at it release? what do we expect? lou: we have a chief of staff willing to change the memorandum to serve five professionals from the fbi sitting in the chief of staff office to negotiate it? he said this is an attempt to threaten the president of the united states. how dare them! >> we have a few hours for the president to do the right thing. i know he watches certain show on this channel. the american people need to seat whole memo. please release unredacted memo. lou: unredacted and unchanged by the white house makes all the sense in the world. let's turn quickly with a minute left. the president on immigration extending a hand across the aisle. your judgment on his cushion of border security and immigration. we have about a minute. >> it was classic trump yesterday. but again there was one real issue yesterday, this amnesty. you don't get amnesty for breaking the law, even if you are a minor. i'm an immigrant to this country. i have to get in line. you get to the back of the line no matter what age you got here. a work permit, and that's all you get. lou:razy guy there. here is lou dobbs. lou: good evening. tensions betwee between presidep and the corrupt leadership of the fbi are exploding into open warfare. the fbi issuing a rare public statement saying the agency has quote grave concerns about the expected release of the classified memorandum from the house intelligence committee that exposes how the obama-era department of justice and fbi abused their surveillance powers. this an extraordinary break with the president who says he's 100% behind releasing