rules resolution passed along party lines. before it was over things got heated between house democrats and the president's defense team. chief justice john roberts even had to step in to scold both sides. >> i think it is appropriate at this point for me to admonish both of the house managers and the president's counsel in equal terms to remember that they are addressing the world's greatest deliberative body. one reason it has earned that title is because its members avoid speaking in a manner and using language that is not conducive to civil discourse. those addressing the senate should remember where they are. >> sandra: complete fox coverage in a moment. republican senator mike lee will join us with reaction. chief white house correspondent john roberts is in dumb davos we the president wrapped up there. we begin of mike emanuel on capitol hill this morning. hey, mike. >> sander, ed, good morning to you. it adjourned at one 50:00 a.m. adam schiff expressed some frustration about the late-night work. >> a lot of people are asleep right now, all over the country. because it's midnight! maybe in my state of california people are still awake and watching. but is this really what we should be doing and we are deciding the fate of a presidency? we should be doing this in the midnight hour? >> it was a big night for majority leader mitch mcconnell who had his rules for the senate trial approved on a party line 53-47 vote before the senate adjourned. mcconnell also went 11-0 on amendments offered by senate democratic leader chuck schumer. frustration bit late-night when chairman jerry nadler urge senators to do their duty and permit a fair trial. he went on to say, "either you want truth and must permit witnesses, or you want the shameful cover of." the white house counsel then stepped up and blasted nadler. >> he made false allegations against all of you. he accused you of a cover-up. he has been making false allegations against the president. the only one who should be embarrassed, mr. nadler, is you. for the way you've addressed this body. this is the united states senate. you are not in charge here. >> today's opening arguments for house democrats should feature a whole lot of adam schiff, the lead impeachment manager. this morning a congressional member of the president's impeachment team ripped schiff. >> republicans were not able to call our requested witnesses. so adam schiff is being completely hypocritical. the only thing he has said that is accurate is that this is an unfair trial. >> today's session is do to get underway in four hours once chief justice john roberts wraps up his real job. sandra, ed? >> sandra: what a night and what a morning. thank you very much, mike emanuel. >> ed: buckle up, we've got more coming, too. president trump speaking out about the long economy and the impeachment. he held a news conference in switzerland before heading back to washington. that's where we find white house chief correspondent john roberts still live there and davos. good morning to you. >> ed, good afternoon to you here from switzerland where the president just almost called an audible in his meeting with the iraqi prime minister, the iraqi president, to say, "i'm going to have a press convicted a few minutes, i hope you will join us." we scrambled over there. the president wanted to talk about the successes economically he is achieved here at davos and how he talked to a lot of people he said are going to invest heavily in the united states. of course, because this is the big day of arguments in the impeachment trial, that was front and center. asked the president about that dustup late last night between the chairman of the house judiciary committee, jerrold nadler, and the presidents white house counsel, pat cipollone. here's what he said. >> jerrold nadler, i've known him a long time. he's a sleazebag, everybody knows that. pat cipollone is a high-quality being. he knows this is a hoax. >> the president there with a strong defense of his white house counsel. the way that whole dustup happened was over a motion to issue a subpoena for john bolton to testify. also, democrats all day have been accusing republicans of trying to speed up this trial as opposed to hearing all the evidence. i asked the president about both bolton and whether or not he would like to see a swift end to this trial, or if you would like to see a thorough examination of all of the evidence presented by the house. here's what he told me. >> i would rather go the long way. i would rather interview bolton. i would rather interview a lot of people. the problem with john is that it's a national security problem. he knows some of my thoughts, he knows what i think about the leaders. what happens if he reveals what i think about a certain leader, and it's not very positive? and then i have to deal on behalf of the country. it will be very hard, it'll make the job very hard. i don't know if we left on the best return. i would say probably not you don't like people testifying when they didn't leave on good terms, and that was due to me, not do to him. >> when it came to the subject of broader witnesses and other people besides john bolton, the president said he would leave it up to the senate to make that decision. you saw, ed, at the top, the president saying he'd love to be there for the trial, would love to be there in the front room. when he asked his attorneys, jay sekulow and pat cipollone would like to see that, the president said, "probably not." >> john roberts, no relation to the chief justice that i'm aware of. speeds let's bring senator mike lee who sits on the judiciary committee and will be present when the impeachment proceedings resume this afternoon. i'm sure you didn't get much sleep last night. we appreciate your time this morning and coming in for us. >> happy to be with you. >> sandra: thank you. how did it go? >> well, it went well. i thought the president's attorneys did an exceptionally good job of defending the president and his procedural and also substantive rights. the fact that we have here an impeachment proceeding held for 33 days. it came up a number of times yesterday, and with very good reason. these people are pushing forward as if this were world war iii, as if this were some immediate, urgent thing that had to be addressed. and that they held it up for 33 days. it was inconsistent with many of the arguments they were making before the senate yesterday, which kind of fell flat. >> sandra: i have to read this to you from axios this morning. "senator mike lee of utah was particularly ferocious at times. he was almost always scribbling in a big notebook." what was happening there, senator? >> i was taking notes. look, i was taking count, number one, of the number of times they mispronounce pat cipollone's name. it's not that hard, people. i don't think i heard a member of that team pronounce his name once correctly the entire day. i took notes of the number of times they were personally insulting. at one point the chief justice had to step in and remind them not to do that. this is the senate. have they been operating as -- >> sandra: he didn't direct that any one party, by the way. >> he didn't. with respect, he should have. i'm grateful to the chief justice, he did a good job, his demeanor was great, he maintained his patients. i thought it was unfair of him to direct that both sets of counsel. it felt like collective punishment for isolated guilds. this was the fault of the house management prosecution team. they were rude came on they were insulting, demeaning. not just of the president but their opposing counsel and indeed to the senate itself. >> sandra: for us watching, it followed the words of jerry nadler. i want to go to this battle over witnesses because this is obviously the crux of the debate. here is adam schiff last night. >> this isn't like fantasy football here, we are not making trades, or we shouldn't be. we will trade you one completely irrelevant from a material witness that allows us to smear the presidents opponent in exchange for ones that are really relevant that you should hear? is not a fair trial >> sandra: there are no reports, however, emerging, senator, that some democrats in the senate are considering privately a witness swap. potentially, if they get the testimony of john bolton, that they would call republicans' bluff and say, "we will give you hunter biden." over that mean for the president's defense? >> first of all, i don't think will happen. or that rumor swirling for a while. average mothers that is bunk. that that's not going happen. >> sandra: let me read you some of the words. chris coons, democrat from delaware, says if you want to give joe biden an opportunity, do you think the president acted improperly, go right ahead. he can hold his own. dick durbin. "i assume there will be a negotiation that follows." so some democrats have gone on the record considering that. >> that's great in some ways if they are considering that. i still don't think it's necessary. i still think the impeachment charges themselves are sufficiently flawed and sufficiently baseless. there's not a genuine issue of material fact here. meaning, we don't have any facts that are in dispute that are sufficiently critical to the charges and to their success. i'm not seeing any need for witnesses at all. in any event, between hunter biden then john bolton, you got a privilege issue with john bolton that would make things a lot more complicated. i don't think we need to mire this an impeachment trial in months of litigation that would inevitably ensue from that. >> sandra: is hunter biden irrelevant witness? >> yes. if we are going to open the door to witnesses, you bet hunter biden not to be first on the list. >> sandra: let me ask about those four republicans. mitt romney, lisa murkowski, susan collins, lamar alexander. which way do you see them going on this battle over witnesses? >> i've got a pretty hard policy for not speaking for a colleague. those four you mention can speak for themselves. i won't try to predict which way they are going. i will say this -- i think the senate as a whole, and definitely among senate republicans yesterday, were not impressed, were not drawn and closer to the house managers, by the words of the house managers themselves. there's an old adage, an adage that doesn't even really need to be repeated most of the time period that you don't go in and insult you or jerry or your judge here they did both. >> sandra: before we leave go, as this will resume at 1:00 today, your predictions at how things play out the next few hours? >> in the next few hours i think we will go back in, there will be more wrangling, and i think in the next few days you will hear arguments, opening arguments from prosecution and from defense. i think at the end of this process we are going to see an acquittal of the president. i think you will be found not guilty, and he will not be removed. >> sandra: senator mike lee, late night for you and your colleagues. we appreciate you coming on this morning. thank you. >> ed: big show still had. robert ray, member of the white house legal team, joins us live moments from now. you also get reaction from a key democrat, senator ben cardin is our headliner this morning. he will join us next hour. interesting, because mitch mcconnell largely got the senate trial he wanted. at least the start of it. he made tweaks to the resolution but they batted down the amendments. the question will be after the opening statements, do they eventually get witnesses and do things change? >> sandra: we could learn a lot more today. we'll see what happens is the hours unfold. meanwhile, president trump slamming this impeachment as a hoax yet again, saying voters see right through it. >> because of the impeachment hoax, my poll numbers are the highest they've ever been because it's a phony deal. we are doing very well. look, i always say, very simple -- read the transcripts. >> sandra: the president also taking up the booming economy and a brand-new sit down with our very own maria bartiromo. she will join us live from davos next. >> ed: also, a big leap for bernie sanders, passing joe biden for the first time in a new national poll. we are on the ground in iowa with a potential shake-up at the top of the democratic field. >> sandra: plus, the cdc confirming the first case of that potentially deadly virus in the u.s. the new warning. >> this is something we consider to be of low risk to the public at large, but we want to be vigilant. i wish i had gone into aspen dental much sooner. when you're not able to smile, you become closed off. having to live with bad teeth for so long was extremely depressing. now, i know how happy i am. there was all the feeling good about myself that i missed and all of the feeling bad about myself that was unnecessary. at aspen dental, we're all about yes. like yes to free exams and x-rays for new patients without insurance. yes to flexible hours and payment options. and yes, whenever you're ready to get started, we are too. don't wait, book at aspendental.com or call today. a general dentistry office. {tires screeching} {truck honking} [alarm beeping] (avo) life doesn't give you many second chances. but a subaru can. 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(avo) eyesight with pre-collision braking. standard on the subaru ascent. the three-row subaru ascent. love. it's what makes a subaru a subaru. >> is the best outcome a quick dismissal, or is the best outcome to get the witnesses, get the vote for witnesses, and be acquitted by the american people? >> acquittal, fairly quickly. i'm going to leave that to the senators. i have a lot of respect for them. i can say this, the republican party has never been so unified. >> sandra: president trump they're speaking with our very own maria bartiromo about impeachment this morning as he wrapped his trip to the world economic forum in davos, switzerland. maria joins us now from davos with the sunday morning futures and fbn's "mornings with maria." amazing stuff out there. the scenes are beautiful there in switzerland. that interview from the president made a lot of news. what did he say when it comes to this, especially day 2 starting, of his impeachment trial? >> you know, sandra, i think with the president is trying to do was put forth all of his economic successes. to make sure to remind the country what he's been doing for the last three years. make sure people understand what has gone on with jobs, what's going on with wages. income inequality narrowing. at the same time that nancy pelosi and the critics of the president, adam schiff, et cetera are putting this impeachment trial front and center. there is no doubt the president is not happy, upset that he was impeached in the house, but at the same time he is looking at this and saying, "there is no crime here." i think his best defense, according to him i and his aides come he continues to talk about what he's getting done, what he's doing. so the american people can decide. at this point you got the senators in there that are "the jury." it's hard to believe that's a fair "jury," because four of those senators want his job. they are running for president. two others wanted his job and have dropped out. of course, we know that the rules changed a lot as they went along in the house. so there's definitely some reason to be skeptical about the process, sandra. >> sandra: and of course he held that suppress news conference this morning where he took a lot of questions from reporters, maria. he also made news on a big middle-class tax cut. what did we hear on that? this is the president with you this morning. >> we are going to be doing a middle-class tax cut, a very big one. >> a tax cut for the middle class? would you want to make that permanent? >> i'm going to make a tax cut, and we will probably make the other per minute. it's got a long way to go, in fairness, but we will make a cut. we'll be announcing it over the next 90 days. that is, to make him a very important. >> sandra: not just big, but a very big middle-class tax cut coming, he says. >> at this point, if you are making between $30,000.100000 you are in the tax range of about 24% to 28% paid he's talking about cutting that to 1. he didn't go into specific numbers. i don't know if it'll be 15%, but he definitely has been talking about that range. so that would be a pretty significant cut for the middle class, and he needs the house to do that. he needs to actually -- he needs the republicans to reclaim the house in order to get something like that through. so he said it's only going to be done if we have the house in the senate. they are not going to allow him to do much, if, in fact, he isn't a second term. you see the way they are fighting them at every turn now. >> sandra: watching that interview you really got a sense he's trying to get things done. he's over there in davos, switzerland. nac said, touting the booming u.s. economy at home. while he's being impeached. there's a trail happening in the senate. what sense did you get of his mood when he spoke to him this morning? >> you know, he was in a really good move, actually he seemed very easy going to talk about it. he was not shying away from any questions. there is no doubt i would expect he wants us to be over as quickly as possible. but at the same time, remember how nancy pelosi has been trolling him and saying, "you are impeached forever." senator ted cruz said on my show this weekend that if he's acquitted, he's acquitted forever. so i think even though he would like us to go away as soon as possible, get a dismissal and put this on the review mirror, if he is acquitted and you actually do go through subpoenas of documents, then he is acquitted by the american people and maybe that's a better outcome overall. >> sandra: great stuff from davos. maria bartiromo, thanks. >> thanks, sandra. >> ed: meanwhile, hillary clinton walking back some of her stunning criticism of bernie sanders. will all that democratic infighting help the president come november? and two major league baseball legends heading to the hall of fame. how one slugger nearly got a unanimous vote, the other just made it in. ♪ if you have moderate to severe psoriasis, little things can be a big deal. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea, or vomiting. jeter or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. upper respiratory tract infection and headache may occur. tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. when you look at the world, ♪ what do you see? ♪ where others see chaos, we see patterns. ♪ connections. relationships. ♪ when you use location technology, you can see where things happen, before they happen. ♪ with esri location technology, you can see what others can't. ♪ i need all the breaks as athat i can get.or, at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ ♪ >> sandra: i mean, he's a baseball guy! i like are likable baseball. derek jeter and larry walker heading to cooperstown. elect to the baseball thing. the yankees legend following just one short of a unanimous vote, receiving 99.7% of the ballots. walker, who played for the expos, rockies, and cardinals joining the class of 2020 with 76%. it would have been his last year on the ballot. good for him and good for them! congratulations. >> ed: a lot of people were upset derek jeter is not unanimous. suitable of all cultures, all time. he was amazing. he's close unanimous, good enough for me. way to go. >> sandra: i think of the song he stepped out to you. mariano rivera. good stuff. big baseball fan, right? >> ed: absolutely, love it. meanwhile, hillary clinton walking back some stinging criticism of bernie sanders, call your 2016 rival a career politician who nobody likes. in a brand-new documentary. she later tweeted she would support sanders if he wins the democratic nomination. our man on the ground, peter doocy, is in iowa where several candidates are holding events city. he. he joins us live from waterloo. good morning, peter. >> good morning, ed. bernie sanders ended up being one of the top surrogates for hillary clinton toward the end of the last cycle but apparently they are still some hard feelings. the way she remembers things with bernie and a new hulu documentary, "nobody likes him, nobody wants to work with him, he got nothing done, he was a career politician. it's all just baloney and i feel so bad that people got sucked into it." clinton added, "it's as online bernie burroughs and the relentless attacks on lots of his competitors, particularly the women." sanders already heard about this on capitol hill. >> i'm a good day, my wife likes me. let's clear the air on that one. right now today i am dealing with impeachment. >> clinton walked back a little bit on twitter riding "i thought everybody wanted my unscented, unvarnished views. the number one priority for our country and world is retiring trump, and as i always have, i do whatever i can to support our nominee." it follows recent unpleasantness with elizabeth warren who accused sanders of not believing a woman can win, and joe biden, who accuse the sanders team of doctoring a video to misrepresent his record on social security cuts. but none of it is hurting sanders in the polls, because for the first time this cycle joe biden has been dethroned from his spot as the solo leader of the cnn national poll by bernie, who has 27%. that's three ad of biden. there followed by warren, buttigieg, than bloomberg. according to this poll, sanders is now the national polling leader in addition t being last quarter's fund-raising leader. the last time he had alexandria ocasio-cortez here in iowa he had the largest crowd of anybody in iowa this cycle. she is coming back here for him on friday night. ed? >> ed: peter doocy live in iowa, thank you, peter. >> sandra: "america's newsroom" will be in iowa for the caucuses. right, ed? ed will be kicking off our coverage in des moines next friday and i will be roughing it down in miami for the super bowl. >> ed: seriously, you're going to miami? oh, man. >> sandra: indeed! i will add to iowa after the game for the other big game. >> ed: will be together that monday. that we've got the state of the you did, then new hampshire. you've got a lot going. >> sandra: we will backup the frequent flyer miles. >> mini mike has spent a fortune. he used to like me a lot before he ran for office. he has said great things about me and i felt them in the past, but he seems to have a problem, and that's okay. >> sandra: bloomberg planning to open his wallet to launch new attack ads against the president. what he is targeting now, and will bloomberg's new ad campaign have a big impact? we will hear from his senior advisor. >> ed: meantime, the president taking aim at the house impeachment managers. brand-new reaction from a member of the president's defense team. that is straight-ahead. >> and they live. and lie and lie and lie >> he's been making false allegations against the president. the only one who should be embarrassed, mr. nadler, is you. uhh, excuse me, is there a problem here? 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(glass shattering) (frustrated yell) (car horn blast) (yelp) >> i think they've done a really good job, and i think the other side has so lied to. but this has happened to me with the russian hoax. this is happened to me. i call that the witch hunt, the greatest witch hunt in american history. and the mueller report, which exonerated totally. there was no collusion, after all that. two years, there was no collusion. >> ed: president trump talking impeachment as we await opening arguments to begin this afternoon. the president saying he would rather have a long try with some witnesses, but it's up to the senate to handle it. let's bring in robert ray, he's one of the president's advisors on the legal team. he's also for whitewater independent counsel, and formal federal prosecutor. fix for commune. how did how did they want go for your side? >> by the time it will be overcome and be long forgotten. there's been some focus on the acrimony and the personal invective. yesterday was about simply to arrive at a senate resolution the ground rules, the procedural rules for the trial. this is really more about pretrial skirmishing than anything else. the trial begins in earnest at 1:00 this afternoon. >> ed: no doubt about it. you mentioned invective. let's hear some of that from the democrats and let you react. >> and they lie. and lie, and lie, and live. for example, for months, president trump has repeatedly complained that the house denied into i've witnesses. >> ed: jerry nadler, the chairman of the judiciary committee considers that the structures and what you're doing and repeatedly said you are lying. >> i prefer to focus on the merits. that's what a trial is about. both sides will have more than sufficient time to present that case. that'll be up to the senate to decide. i'm not about bein trying to tee senate what to do. i'm about trying to persuade the senate what they should do in the national interest. our hope is that for the good interest of the country our position is that the senate doesn't need to hear from witnesses. but of course, if they do, it has to be fair and it has to be done fairly to both sides. >> ed: real quick, do think it was a miscue for the democrats say, among other things, that the center always dominic is on trial? with us on the senators and almost lecture them? >> my experience is colored by the fact that i've been a federal prosecutor as well as a defense lawyer. i never have thought it's a good argument in connection with a criminal case, somewhat of a because i criminal case, to be suggesting that the government or the court system is on trial. the fact is that the impeachment managers in the house of representatives have impeach the president and i placed the defendant on trial. only the defendant is on trial. the defendant is donald trump. >> ed: we were pressing them and what mistakes they have made. let's get to the mistakes of "the washington post" editorial page you said your side is maki. "the defense was designed to destroy guardrails on presidential power. on the defense brief they filed monday argues the president did absolutely nothing wrong. he further contends mr. trump was entirely within his rights when he refused all cooperation with the house impeachment inquiry. it says he cannot be impeached because he violated no law, by asking senators to ratify those positions mr. trump in this lawyers are in effect seeking consent for an extra near expansion of his powers." your reaction? >> the principal guardrail with regard to the exercise of presidential power is called an election. guess what? we have one just nine months away. so i disagree with the foundational premise of the editorial. second, this is what we have a trial to determine. it is also true that the president has, as all presidents have, going all the way back to george washington, asserted from time to time executive privilege. ultimately it is for courts to decide whether or not that is a proper assertion of executive privilege, and it doesn't get to be determined as legitimate until such time as the court says so. our position has been that the house of representatives jumped the gun on an early termination of that legal process in the house, and how they are seeking essentially to turn that around on the president by charging him with obstruction of congress when the president did what he is lawfully entitled to do until such time, if and when a court decides otherwise. >> ed: fair enough. last point, they specifically say that your side kept saying the president did absolutely nothing wrong. even jonathan turley, who is pretty friendly to your side during those house hearings way back, is saying this morning that it's a mistake to keep saying he was a perfect phone call. "nothing here was done wrong." shouldn't there be some middle ground even though you don't think you should be impeached or removed from office over it? just keep saying he did absolutely nothing wrong, is that a mistake? >> it's always wise in any trial proceeding to give credit to the best of the arguments that come from the other side or to try to persuade the decision-making. in this case, the united state senators, why it's correct. whatever your views are about whether the call was perfect or not, our position is quite simple that these impeachment offenses, the articles of impeachment, are not sustainable as legitimate under the constitution, under historical practice, and with the framers' intent in mind. that's not an expansion of presidential power. that is a recognition of how our system of constitutional government performs. i look forward to getting to tht argument to the united states senate for their consideration and deliberation. >> ed: busy man right now, we appreciate you spending some time with us this morning. >> look forward to seeing you soon. >> sandra: that is the washington state health secretary there -- >> his actions gave us a head start. >> sandra: okay, that was the washington state health secretary. we'll hear more coming up as the cdc is now confirming the first case of the potentially deadly coronavirus in the u.s. jonathan serrie's live in atlanta with those details. hey, jonathan. >> good morning, center. also announcing some additional enhanced airport screenings. those are not just to look for incoming passengers showing symptoms, but also educating passengers who appear to be healthy what to do if they become ill after their arrival into the u.s. the first u.s. patient to contract this coronavirus apparently fell into that latter category. no symptoms when he first returned from china, but then he contacted his health provider right away when he got sick. the man in his 30s is said to be in satisfactory condition at providence regional medical center in everett, washington. >> the risk of human to human transmission is believed to be relatively low, but out of an abundance of caution, we have the patient being monitored in a special isolation unit. speak of the patient said he did not visit the market in wuhan, china where chinese health officials believe live animals sold for meat initially passed the virus to humans. but he had been traveling that general area. u.s. health officials say the threat to the american public remains low, but they are tracing the patient's travel history. >> the system is working. we are now tracing the close contacts of that individual to ensure that none of them are showing those symptoms, and they would of course be isolated and treated if necessary. >> sandra, as we speak, the world health organization is holding an emergency committee meeting to evaluate the international response to this outbreak. >> sandra: certainly caption the attention of the world thank you. >> ed: michael bloomberg switching of his campaign strategy. specifically targeting the president and vulnerable republicans, as well. a senior advisor to his presidential campaign joins us live, next. hey frank, our worker's comp insurance is expiring, should we just renew it? 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>> this isn't a change in strategy. i think mike bloomberg's strategy out of the gate was to posit what's in front of every americans face right now, that donald trump is incompetent and irrational, and he has his hands on the nuclear trigger. and that's not safe for the country. speech and this is bloomberg's take? >> of the ad he just ran referso donald trump as a dangerous demagogue. if someone puts their self-interest out of the public interest and national security, and that makes them dangerous. if someone speaks routinely to the american people, invoking -- >> sandra: but what's the strategy? >> and division, it makes them a demagogue. buso he's a dangerous demagogue pay the ad speaks to what's in front of every americans face right now. the strategy is to make a broad message the american people about why mike bloomberg is the most competent, with the most capable, and has the best character of any candidate in the field right now to take this battle to donald trump's doorstep. that's been the strategy from the very beginning. >> sandra: he didn't get the endorsement not from "the new york times," of course they broke precedent and dublin endorsed, klobuchar and warren, and when not giving it to bloomberg they said he has circumvented the actual campaigning process and has avoided the hard questions. how have the respondent that? >> they also said he hasn't done the hard work of campaigning, which is simply untrue. this campaign will rise or fall on "the new york times" endorsement. there were a lot of errors and how they described his campaign. mike has been on the ground and dozens of states and scores of cities. we have a thousand people on the ground right now, we are up and running in 30 states. i've been in several swing states already. we have people blanketing the country. this is not just the campaign. >> sandra: what are you hearing? >> what we are hearing, actually, is what people really care about is getting problems solved they see in front of them every day. they want better health care, access to high-quality education. they want to get access to jobs that really provide them transit into the middle class, and a better future for their children. they want better infrastructure. donald trump campaigned on a $1 trillion infrastructure package that he never delivered. mike bloomberg just unveiled a package that is built on rapid transit, rebuilding roads and bridges, for about -- it's not just a campaign promise. everything mike bloomberg is campaigning on is something he has already delivered as a public servant and the philanthropist. >> sandra: and perhaps why deadlines are he is shifting his strategy, he starting the president more than he has so far in his campaign. the president was asked about bloomberg's willingness to spend a lot of money to beat him, and in these campaign ads this morning, this is how he responded. >> he's wasting his money. he's not going to win because he is not a charismatic guy. he's got money. he will spend as much money as he can, and he's got a real thing. he's got some kind of a deal going. and he wants to spend. >> sandra: final thoughts? there are multiple reports out there he's willing to spend $1 billion, $2 billion or more to be the president. put a number on it, what is he willing to spend? >> he's willing to do whatever it takes to make this election something that gets a result for the american people, that culminates in donald trump leaving office. if donald trump thought these ads weren't effective, he wouldn't be sitting in every interview he's in and taking to his twitter feed talking about how much he's thinking about donald trump. >> sandra: who would he support if he's not the nominee? >> we will support whoever the nominee's. the work he's doing now, he sees it as the culmination of his life work, the machinery we are building. at the seat of the democratic party and the ultimate nominee. we believe mike is the best candidate out there right now. the fact that donald trump is constantly invoking his name these days, mike's name these days, it's just recognition that trump realizes mike stands on a stack of accomplishments that is about 10 feet taller than trump, and he's worried. >> sandra: we appreciate coming on this one, tim o'brien. >> ed: opening statements today in another trial, this one in new york city. the trial of disgraced movie mogul, harvey weinstein. outside the courthouse, coming up. pagas lo que necesitas. only pay for what you need... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> ed: opening statements set for today in the harvey orenstein sexual assault trial. our correspondent bryan llenas' leflive outside. >> day one of what is expected to be a five week trial against movie mogul harvey weinstein. the 67-year-old faces five felony charges, including two counts of predatory sexual assaults, to come counts of rape, and one account of a criminal act. 80 plus women have accused him of sexual harassment, misconduct, abuse, or rape. but these charges in this trial are based on the allegations coming from just two cowomen. the first is anonymous. she accuses weinstein of raping her in 2018 in the new york city hotel. the next one, she says that weinstein forcibly performed oral sex on her in 2006 at his manhattan apartment. prosecutors portray weinstein as a powerful producer who used his position to force women to have sex with him. for their accusers will take the stand as witnesses to show weinstein had a pattern of sexual abuse. one scene's defense team is led by a woman, former chicago prosecutor donna rowe tuna. she says the women used harvey and all the other way around. she was showcasing us and text messages, and of the same time cuba gooding jr. is in the same courtroom facing allegations of groping women in new york city. >> ed: we will stay on top of it, thank you. speed almost 10:00 on the east coast. hours from now the impeachment trial loose opening arguments. house democrats get their say today. we'll hear from democratic senator ben cardin. here's our guest, hard-liner, next. a former army medic, made of the flexibility to handle whatever monday has in store and tackle four things at once. so when her car got hit, she didn't worry. she simply filed a claim on her usaa app and said... i got this. usaa insurance is made the way kate needs it - easy. she can even pick her payment plan so it's easy on her budget and her life. usaa. what you're made of, we're made for. usaa these people did, thanks to somnapure. somnapure from force factor helps you fall asleep faster, stay asleep longer, and wake up feeling refreshed. don't be a zombie - get somnapure. available at retailers nationwide. the better question would be where do i not listen to it. while i'm eating my breakfast... on the edges of cliffs... on a ski lift... everywhere. for a limited time, go to audible.com to save $50 on your first year of membership. >> sandra: fox news alert, it stayed two of just the third presidential impeachment trial in u.s. history. opening arguments from house democrats set to begin at about 1:00 p.m. eastern time today. it was a late night. welcome to a brand-new hour of "america's newsroom." i'm sandra smith. >> ed: get another cup of coffee, write? i'm at henry the inpatient managers will take the floor. it comes after both sides squared off and we would call a marathon session that stretched well past midnight. >> i would ask consent to as the democratic leader, have certain similarities to all these amendments, whether he might be willing to enter into a consent agreement to stack these votes. >> the bottom line is very simple. as has been clear to every senator, and the country. we believe witnesses and documents are extremely important. a compelling case has been made to them. we have votes on all of those. >> sandra: griff jenkins following it for us on capitol hill. griff, good morning. >> sandra, ed, how are you? what a marathon day, ending when chief justice roberts had to admonish both sides, citing a 1905 precedent. but it was ultimately around 3:00 a.m. that they doctor the rules down party lines, 53-47, defeating 11 amendments introduced by minority leader schumer, calling for witnesses and documents. only one , was this is the first time we got to see the president's defense team in action, arguing against witnesses with the house managers. watch. >> to do something they refused to do for themselves, and accuse you of a cover up when you don't do it. it's ridiculous. >> i have with me the letter i sent this chairman of the house judiciary committee last november 26, inviting the president and his counsel to attend our hearings, to cross-examine the witnesses, to call witnesses of his own, and so forth. >> meanwhile, in davos, president trump leaving it up to the senate on whether they should call witnesses ultimately in the trial. he was weighing in on the impeachment in this trial, and what he sees it as it will benefit him and house republicans. listen. >> have to enact the house and i think we will win the house. i think it really helps us in terms of the house. >> we start at 1:00 and it will be the house managers' day. eight hours uninterrupted on the senate floor to begin making their case. first we will hear it at 11:00, schumer has called a press conference. we'll find out what that's all about. lastly, rumors that there may be caffeine shortages in the coffee kiosks around here because they can't have it on the floor. not sure yet but we've got a long way to go. >> sandra: on capitol hill, thanks. brad blakeman is here, former deputy assistant to george w. bush. josh cross hour , from the national journal, and leslie marshall, dominic. good morning, welcome. first, you know what i was going to do. so it to this moment. chief justice john roberts, you just heard griff jenkins recognize it. he took a moment to admonish both sides for what he was hearing throughout the evening. >> i think it's appropriate at this point for me to admonish both the house managers and the president's council in equal terms to remember that they are addressing the world's greatest deliberative body. one reason it has earned that title is because its members avoid speaking in a manner and using language that is not conducive to civil discourse. >> sandra: the chief justice is sitting there, reminding everyone where exactly you are sitting. >> it's about ten hours too late. i should dominic think he should have jumped in earlier and set the tone. after all, what happen yesterday would have never been permitted before him in his court or any court. if you want to call this a trial, it should have all the indicia of a trial. not only decorum, but the fact that it wasn't germane to the motions that were being made. they weren't speaking to the motions. they were speaking to the camera. >> to brad's point, leslie, for your side, chief justice is presumably trying to be fair and evenhanded. as sandra said, he was referring to both sides, perhaps. but it was your side, and jerry nadler in particular, saying the president team lies, lies, lies. how to get away with that? >> obviously they didn't. >> but they did it for hours i guess is my point. >> the chief justice has control and he should have done earlier. but this reminded me of almost a father schooled in children, saying, "this isn't a playground, take this seriously, remember your oath." i think he did the right thing, quite frankly. i don't think from either side -- my side, especially -- that that is proper. there is a certain decorum and the american people, those who stayed up, are watching this and need to be see this process in play. this is very serious and it's not time to be name-calling. i would say that for both sides. >> good for john roberts, this was such a partisan affair yesterday. these were procedural votes. pretty much all of them along partisan lines. that comment by roberts happen in almost 1:00 in the morning. i think he was kind of sick of the tribalism, the partisanship, and it was interesting because mcconnell offered schumer to bunch all the amendments in one fell swoop to move things along. which is what i think democrats want to do at the beginning of the day. but schumer decided to kind of make the fight and all night affair. i think everyone was tired and everyone is kind of just stuck in their partisan corners. >> ed: andy mccarthy has a sharp legal mind. here's what he said about both legal teams. >> i'm struck by the juxtaposition between the positions that the lawyers on the computing sides are taking, and the way their rhetoric interestingly, at times, undermines the position they want to take. >> i raise the question about the democrats frederick and natalie. if your side, the president's legal team repeatedly saying that nothing was wrong. andy mccarthy says that may undermine them because it leads to what skipped back to witnesses. if there's nothing done wrong, maybe we need to hear more fac facts. as the president's team undermining its case? >> i don't think so, but we will hear more of it as now the case begins. i think they need to stick to the facts that the underlying arguments of impeachment as voted on by the house are not sufficient as a matter of law. i think that's a fundamental argument they need to stick to. not that the call was perfect, but that the articles of impeachment are defective as a matter of law. at the end of the day when both sides present their case, there will be a motion to dismiss. ain my opinion there are no nees for witnesses and the case will be dismissed. >> sandra: there are some democratic senators considering a witness swap. basically calling republicans' bluff. saying, "okay, we'll give you a hunter or possibly joe biden if we hear from john bolton." >> absolutely. they know and everyone knows that joe biden testifying as a witness were under biden testifying as a witness will not help the republicans and the white house in their case in defense of the president. but john bolton -- john bolton's testimony is so crucial that the defense team for president trump yesterday started emergency preparations to further try and prevent that. why are you trying so hard to prevent that individual testimony? >> executive privilege. >> i'm sorry, if summer dominic someone were going to exonerate me, and i'm the president of united states, put them on there. he said he would prefer witnesses. the president himself this morning said he would prefer a longer try was i to trial with witnesses. >> what the president said when asked about that this morning is it could be national security concern. he said he would want to for witnesses, that would be fine, but when it comes to john bolton, his fear he says is that he could go on the stand and possibly talk about what the president has said about world leaders, and the president would then have to do without. >> there are political risks on both sides. if you look at the polling, almost 70% of americans do want to see witnesses. they want to see bolton, some of them even want to see biden. you have blue and purple state senators up for reelection. they will be under a lot of political pressure to defect from leadership. on the other side, the big picture is a lot of voters are just sort of taking the president side. they've gotten sick of the whole impeachment. they have seen reruns from what we saw in the house. they are not seeing a lot of new evidence. there was a poll out from the morning consult showing support for the impeachment overall is at an all-time low. at least in last few months. there are risks on both sides. you do have the public wanting to see witnesses, but they don't want to see a charade. >> ed: what about joe biden? in to a moment ago, it was adjusted he didn't do anything wrong. did they want their presumptive front-runner on the stand, basically? or his son on the stand? or maybe both, talking about how he got over $80,000 a month without any experience in the energy industry? >> no, i don't think it's an republicans' interest to have hundred biden or joe biden appear before the senate and be careful what you wish for. >> you are saying the democrats? >> and republicans. i don't think they should have witnesses, period. i think the worst thing you can do is have joe biden or hunter biden there. because you don't know how it's going to turn out. you don't know what questions will be asked, that will solicit answers that you don't necessarily want heard. that goes for witnesses like john bolton, as well. he would be a disaster for democrats if he were able to testify. we don't know how it will turn out and that's why you don't want it. >> sandra: let me read this from jonathan turley. he testified, as we all know. before the house judiciary committee, a law professor. he writes this. "where the term defense goes too far. he makes the case there are number of democrats who might be willing to vote for acquittal, particularly on the obstruction of progress article. if the definition of what is impeachable could very well push them back into the democratic fold while further pulling away a couple of moderate republica n senators." he is making the case they are adopting too narrow an understanding of what is an impeachable offense. is that a risk republicans are taking? >> no, because the article stand on their own. i don't think the republicans are narrowing their argument. from what i think to have heard from republicans on the president's team, they are on the right track. the articles are defective. that's the argument that is the best argument. when you start going beyond what the house has delivered to the senate, you are doing it at your peril. >> ed: meanwhile, leslie, as this playing out in washington, some of the centers on the campaign trail are in the trial. this fighting between hillary clinton and bernie sanders, hillary clinton now backpedaling on twitter about saying nobody likes bernie sanders and clarifying that if he gets the nomination she would support him. here's what bernie sanders said about hillary comments. >> on a good day, my wife likes me. so let's clear that one up. center content is entitled to her point of view. >> on a good day, he says, his wife likes and pre[laughter] >> have to say, when it first popped up on my phone, i thought she was talking about trump. when i opened it i said, "please, play nice. can you remember what happened in 2016?" my party doesn't need any more division. we have enough fighting, with its between bernie and warren, bernie and clinton now, we don't need that division. we need to take a page from the republican lay book. people held their noses and waited for donald trump because they are going to unite. >> for the first time national in the cnn poll, sanders is a 27%. you see there biden at 24% prehe's been leading the poll nationally the whole time. what does this mean? >> bernie has momentum and support from an unyielding base. that can be the most important factor in winning primaries and caucuses. i do think this hillary clinton spat came at the worst time. what went overlooked is the fact that she wouldn't even commit to supporting bernie over trump until she cleaned it up later last night. that is the divide in the democratic party. if they aren't going to get behind one democrat to take on trump, you can imagine there are a lot of problems to come. >> sandra: to be clear, that is still within the margin of error, the lead sanders is taking there. meanwhile, we should finish on this moment. buttigieg. >> i will look to you to spread that sense of hope to those that you know. come on! [laughs] [applause] >> sandra: "please clap." [laughter] >> ed: that was like a big flashback to jeb bush's campaign. i was just in iowa and buttigieg is getting among the largest crowds. he does get a lot of energy. if you're campaigning a long time and the crowd is a little tired, you can see those moments that makes for a little bit of humor and humanity. >> sandra: leslie? >> i have to say it's interesting because you don't always get, when you see the end of the spiel, i moderated the teamsters democratic foreman i would. and pete buttigieg was the only one of all democrats got a standing ovation when he did his closing remarks. he is very well-liked, but he was begging for applause there. >> absence doesn't make the heart grow fonder. [laughter] when senders are stuck in the senate and not on the campaign trail, you are seeing more attention being given to those who are able to campaign. and the fact is that hillary is cold and calculate them. there's a reason why she did this while bernie was stuck in the senate and on the eve of iowa. just to give a little dig into bernie. so i don't think it plays well in iowa. i think they don't like mean-spirited campaigning. as long as they are fighting amongst themselves, i think they do damage. >> sandra: on the eve of iowa, your thoughts? "the new york times" endorsing double candidates, klobuchar and warren. >> like i said before, i don't buy the reason they are doing it. trying to appease the centrist faction in the moderate faction of the democrats. i think this was a slant to bernie sanders. this is two women they have supported after bernie is accused of saying a woman could not beat donald trump. "the new york times" goes, "we are going to support two broad's." >> it's not really an endorsement. >> exactly. i love i would. it's over 90% white. this matters. why does it matter? it's not a proper reflection of the democrati demographics of t, the voter base. it certainly not representative of democrats. a lot of people, who is going to win iowa doesn't necessarily men don't like me and it was when when the nomination. biden has been coming up. we've seen people rise and fall. buttigieg is an example. as a nail-biter. >> if you are some now malcolm opening argument in the senate between trail. coming up, we'll talk to her headliner. democratic senator ben cardin. get his take. >> sandra: president trump touting the u.s. economy in davos. how was he received by other world leaders while they are? moneyman charles payne will join us next. ♪ >> you look of a number some the bottom 50% had a 40 pe 4047% ine in their net wealth. so ours is an optimistic message. i think the president really carried the day in his speech yesterday. i have huge money saving news for veterans. mortgage rates just dropped to near 50-year lows. one call to newday usa can save you $2,000 every year. and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, no appraisal, and no out of pocket costs. activate your va streamline benefit now. ♪ ♪ country roads, take me home there's a booking for every resolution. book yours at any price, at booking.com our mission is to provide complete, balanced nutrition... for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-seven vitamins and minerals. ensure, for strength and energy. >> sandra: a quick look at other stories we are following for you at this hour. the london guardian newspaper of reporting jeff bezos' phone was hacked back in 2018 after receiving a whatsapp message from the saudi crown prince. the princes calling to report "absurd." california considering declaring a sediment offended a carcinogen. it's the basic ingredient in more than 300 perception drugs and over-the-counter medicines. in the general motors subsidiary debuting its first fully driverless car. that has no steering wheel or pedals. the origin will be used with the company's ridesharing service. not sure if i'm getting in yet. >> these companies are really going to expand, and it was a request of mine. we've been very good to them. we are all doing very well. we have companies from europe, companies from asia now coming to the united states. that's where the action is, as one of them said pay that's where the action is. it's really been great. >> ed: president trump touting how much businesses are thriving here in america as he pushed his america first agenda in davos this morning prayed let's bring in charles payne. host of making money over at fox business. you are very excited about what the president would be presenting. how did he do? >> i think he did ask her nearly well. i got up at 3:00 this morning to watch some of the gatherings, and he had one where one of the richest men in africa stood up and said, "no allude do we admire you, but africa is rooting for america." then have the president of fisa, the world cup, singh is their goal to create a million jobs in america when they bring the world cup to north america. the represent her from the world trade organization admitted there were flaws in the world trade organization and they would like to address them. it was absolutely remarkable to say don't exceed these global leaders, whether they were billionaires of the top business leaders in their countries, one after another saying their commitment to come to america and bring jobs to america. speech the president was asked this morning with maria bartiromo about terroris n carbs in the e.u. here's how he responded. >> we'll be very easy. if we can't make a deal, we will put a terror on the cars they have no choice. i say this not as a wise guy or anything else. they treated us very badly. we lost $150 billion over a period of many years. we've lost $150 billion within the year in terms of deficits. they have to do it. it's the right thing to do. >> sandra: how is that going? >> they don't want to use tariffs, but the president has already said he is more than willing to do it. and he has had success doing it. we do have a new usmca to deal with china, canada, and mexico. a phase one with china, a deal with japan, a deal with korea. we just had emmanuel macron backed down saying that we will go unilaterally and taxed digital companies. we will try and do something within the european union. it's an effective method. listen, we are the world's largest economy. it is so crazy that have allowed ourselves to be abused to the degree we have, for so long. by the way, if we wait too long, we won't have that leverage anymore. so i think ultimately the idea is to have real free trade around the world, which would mean very minimal tariffs and punishment. but we've got to write the skills right now. we are an amazing market for these companies. whether you are mercedes-benz or whoever. let us sell some trucks in your country, too. make it okay so maybe when you're walking down the streets of berlin you see a ram or something like this. >> ed: there is something going on, of course, as well. the president wants that split screen. he's an davos and now headed home. when bill clinton was impeached, he said "i'm still pushing the policies, during the nation's business." is that working for this president? >> it's absolutely working. as of yesterday there were 11 11 commercials mentioning the impeachment, all run by republicans. they have seized on this. they've got the momentum, the polls are going their way. i will tell you something else about doing the people's business. if you go back and look at history with nixon, he became a popular not because of the impeachment, but when the american public thought he was too fixated on impeachment and wasn't doing his job. that's when his poll numbers went down. so it's good to see that president trump is out there fighting impeachment on one hand but doing the job we elected him to do on the other. >> sandra: it to a point, you're saying yesterday was almost quiet. not taking questions after bilateral meetings, but then he had this last-minute press conference this morning we took a lot of questions. finally markets, if we can put the big board up, inching ever so close to 30,000 now. the dow up 111 this morning. >> second week of earnings, a lot of numbers cannot last night. pretty good, united airlines among them. banks did very well last week. as long as underlying fundamentals continue to improve, you will see the stock market continued to go higher. >> ed: charles payne, the moneyman. >> check me out today, by the way. town hall, live audience. >> sandra: 2:00, fbn. mommy mean while accusing democrats of going overboard in the debate over impeachment rules. when does the word "outrage" loosing meaning? today's headliner, senator from maryland, ben cardin, will join us live next. >> every vote has been 53-47. i think the house managers should begin to realize we will not do their job for them. you leave it to me. i'll get your taxes in an ok place. what? just as soon as my audit's over, this gets my undivided attention. you take a lot of trips to the islands, phil? pretty great, right? oh phil's legally dead. fell off a boat. going by denis now. celery. long story. what do we got here. oh. not going to want to see this. i don't think this is going to work. just ok is not ok. at&t has america's best network, now with our best plans, at our best prices, starting at $35 a line for 4 lines. new from at&t. i need all the breaks as athat i can get.or, at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> i think the senate as a whole, definitely among senate republicans yesterday, were not impressed and were not drawn and closer to the house managers by the words of the house managers themselves. you don't go in and insult your jury or your judge. here they did both. >> sandra: republican senator mike lee slamming democratic impeachment managers following the heated back and series of party line votes to establish ground rules for president trump's trial. senate minority leader chuck schumer is expected to address those rules out a press conference, expected about 30 minutes from now, top of the 11:00 hour on the east coast. and then at 1:00 eastern time, house impeachment managers will be making their opening arguments, among the 100 jurors hearing the case is today's headliner. democratic senator from maryland, ben cardin. good morning to you and welcome. >> it's good to be with you. >> sandra: great to have you here. first up, how do you counter that? mike lee this morning made the case that house managers did not effectively won over any republicans with the way they presented their side yesterday. >> yesterday was a day on what process the senate will use. we have sole jurisdiction on how to conduct an impeachment trial. and every previous impeachment inquiry in the senate, every one of those trials, the senate has said they will not be bound by the house evidence that allows additional information to be made available. what i found disappointing was that we should have had the documents in advance of the beginning of the trial. not just for the house managers, but for the president's team and for the senate so that we know the factual basis. there are some disagreements among the president's lawyers on key facts. when did the ukrainians first hear about the hold command we should be able to see the documents and listen to the witnesses for depositions before we start the trial don't like itself. i thought it was disappointing. >> ed: you are "the washington post" suggesting some of your colleagues on the democratic side may be willing to do a swap of some kind. that you would allow him to commit or some sort of testimony in exchange for getting a top white house official like john bolton. is that true and would you support such a measure? >> i supported him when he said it was not fantasy football, were not doing trades. but i do think a president's lawyers should have the opportunity to suggest witnesses that they believe are important for the president's defense. they should be able to make the argument of relevancy. if they can, we should hear those witnesses. clearly the witnesses that were brought forward by senator schumer had relevant information and should be called before the united states senate. we are open, i'm open to listen to the president's lawyers on any witness they believe is helpful to present the president's case. >> sandra: are there more than just you? to hear this from your other democratic colleagues, their willingness for a so-called swap? >> i don't want to do a swap because i think that's not the way we conduct a trial. you don't do that type of trading. we want to hear from witnesses that either the managers think are important, or the president's lawyers think are important for their defense. they must be relevant to the matters before us. they should be able to make that argument to the united states senate. >> sandra: mike lee told us this morning he thinks hunter biden is relevant to making the president's case and defending the president. would you support that? >> it's not up to senator lee. it's actually up to the president's lawyers to make that case. we don't argue. we are silent on the floor of the united states senate, under pains of being in prison. it's up to the president's lawyers. do they want to call hunter biden, and have a connect the dots to his testimony to the president's defense? they should make that argument. ultimately it will be up to the senators to determine whether you want to call that witness or not. >> ed: 's editor, one of those members of the legal team was on with us just last hour. here's what robert ray said about the tone in the opening hours. watch. >> i'm not about trying to tell the senate what to do. i'm about trying to persuade the senate what they should do in the national interest. our position is that the senate doesn't need to hear from witnesses, but of course if they do it has to be fair and it has to be done fairly to both sides. >> ed: senator, he was reacting specifically to the fact that some of your colleagues in the house, the managers, democrats like adam schiff and jerry nadler, were saying that you and other senators were on trial. does that sit well with you for members of the house to tell the senate that you are on trial? >> of the key thing for the united states senate is to conduct a fair trial. we are conducting a trial. a fair trial. the witnesses that we wanted to call where all the presidents team. they were all people who were working for the president of the united states. they will have relevant information. we are open to calling additional witnesses, but the key thing for the senate is to conduct a fair trial. it is our responsibility to make sure that happens. >> ed: senator come on that point, when jerry nadler is saying on the senate floor that there are lies coming from the president's legal team, is not going to help? is going to be conducive to a fair trial when some of the managers are accusing them right at the outset of lies? >> let me be clear, i thought comments made by the president's attorneys in the beginning against congressman nadler and against congressman schiff, and comments made by some of -- at least one of the house managers about the president's lawyers and the senate, i thought it was inappropriate and i thought the chief judge's comments were appropriate. that doesn't relieve us. members of the state senate, to make sure we can conduct a fair trial. how do conduct a try without document that would assist? they say we will not be bound by the house. we will make sure we get the information we need because we are conducting a trial. >> sandra: senator, to be clear to her audience, you are talking about lee last night when the justice said he was going to take a moment to admonish both sides for what he was hearing and advise them to remember where they were sitting. i want to move on now to the president this morning. fresh reaction from him at a news conference in davos when he was asked if he would be willing to allow john bolton to testify. here's the president. >> i would rather interview bolton. i would rather interview a lot of people. the problem with john is that it's a national security problem. i don't know if he left under the best of terms. i would say probably not. you don't like people testifying when they didn't leave on good terms, and that was due to me, not do to him. >> sandra: he and his team have not ruled out that he would use executive privilege. >> i don't think it's up to the president initially as to who the senate wants to call as far as relevant witnesses. as we get to his testimony, if there are issues we have to resolve, we will resolve this issue pearl s. as was pointed out in yesterday's discussion, the executive immunity is not absolute. the courts upheld that it cannot be used to prevent the carrying out of our responsibilities, including the oversight and impeachment proceedings. so there are limits to the use, believe it have to consider those matters. it doesn't mean we shouldn't call mr. bolton. he has critical information. there was a conversation that took place that has been quoted frequently about how mr. bolton thought there was a quid pro quo, it would be good to hear from him in that regard. >> ed: senator, last question, we mention a moment ago that chuck schumer will be talking of the top of the are once again. yesterday at about the same time he went out and expressed all kinds of outrage, said it was one of the saddest days in the senate, before the argument even opened. republican mitt romney had to don't like this to say. he said, "i think the democrats make a mistake when they cry outrage time and time again. if everything is an outrage, nothing is not rage." this is one of the more moderate folks you want to win over. he says if you keep saying outrage over everything, it becomes meaningless. >> quite frankly, to me, this is i think the first impeachment where we don't have a consensus on how we should proceed. there's a lot of frustration here because leader mcconnell is controlling the total way in which this case is being brought forward. they should have been more input. so i think there is frustration that is out there. but we must make sure that as senators we carry out our responsibility. that is to conduct a fair trial. i hope we will get the senators we need to join us in getting the witnesses and documents that are necessary. speed predictions, senator, about how the rest of the day plays out? >> i think today will hear some motions, but i think most of the day will be for the house manager starting to present their case based upon the fact that they cannot at this stage review additional documents or call additional witnesses. >> you will get to do with a glass of milk or water. you will have that choice, make it a good choice. >> i will try to eat healthy. it didn't last night. [laughter] >> sandra: we surely will be. tempers flare and meanwhile on both sides during day one of the impeachment trial. can we expect any fireworks today? guess who is about to join us? our old friend, bill hemmer! he's been watching it all from a nation's capital. he is going to joan don't join us live next. come on over, bill! as a struggling actor, i need all the breaks that i can get. at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ it's important to have a reliable network. we all use it in different ways. (vo) everyone in your family is different. someone is streaming sports, someone is video chatting her friend. hi, gianna! (vo) so verizon has plans to mix and match starting at $35. and up to $700 toward our best phones. the network more people rely on, gives you more. >> man: what's my my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me. >> tech: hi, i'm adrian. >> man: thanks for coming. ...with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪ >> sandra: day two of the senate impeachment trial, it set to be under way in just a few hours with a look back at some of yesterday's dustup's and a look at it what to expect today. >> let's bring in the anchor of "bill hemmer reports excellent" readings rock star, live from capitol hill. good morning, welcome back. >> i miss you guys already! i got an idea, we can start a new segment called "breakfast with bill." >> sandra: love it! >> ed: we will consider and get back to you. [laughter] >> sandra: what are you hearing out there in washington? >> here's my feeling, just to give our viewers a sense at home about what to expect. we will gather together at 1:00. the house i'd get to a new 4 hours. how will they allow that time? they use a lot of time. they did not a 1999. neither did 24 years ago. if they go an eight hour chunks, wednesday, thursday, friday, i can wrap their case by friday evening. i'm told that the white house attorneys do not want to present their case on a weekend. so they would likely delay until monday to get a bigger audience when the american people are a little more in tune. if that happens, the way that plays out, it's possible the white house could make the presentation in one day. that may be all the time they need. that's the case, by tuesday or wednesday, questions. and maybe if you're looking for a fast track to get to the question as to whether or not there witnesses, you might have that vote a week from tomorrow. is that all makes sense? >> it certainly does. getting a better picture, may become of the schedule. how it may play out. in a newsmaker in view moment ago with ben cardin, the democrat, you probably sign right there in the russell building. the bottom line is he was open to the idea of the s.w.a.t. he said he doesn't like the idea of a direct swap, but he was open to the idea that "the washington post" is saying maybe democrats would bring an under button as a witness if they can get john bolton or someone else. what are you hearing about that? >> i could see it and i could also seeing it be a no vote, ed. my feeling is that's where the real drama is in this case. are they going to do witnesses or not? if they do, we will open up a can of worms. who knows where that goes. if they don't, by the end of next week they could move to vote on the articles, and that way you would have it wrapped up, perhaps, before the super bowl. before the iowa caucus. and before the state of the union address. it's possible if you go along that titan line that it happens. again, the audience in many ways comes at three or four senators i could go either way in the middle of the republican party, what white house attorneys tell me is they are not playing to them. they are playing to the american electorate because they are well aware there's an election to sign and a half months away. >> sandra: i was thinking of you last night watching the coverage, and that moment when the chief justice came in to admonish both sides for some of the tone, tenor, language he heard being used by both sides. what did you think of that? >> my feeling was it's a third time we've been down this route. i've been here for two of the three, based on american history. there was the book written about the impeachment of 1868. the writer, brenda line apple, said no one knew what to do. it's in a book called "the impeachers." rehnquist offered one opinion, and that is not to call the senators jurors -- that the senate is not simply a jury, they should refrain from referring to the senators as jurors. outside of that, rehnquist was pretty absent from 1999, 21 years ago. chief roberts, however, at 1:50 a.m., thought it was his obligation to put both teams back in their corner a bit. we will see whether that happens today. but i've always wanted to be with you guys. i've always wanted to be in that big monitor across the room there. my dream has come true. >> sandra: bill hemmer, you made it! [laughter] >> ed: you are through newsmaker of the morning. "breakfast with bill." >> great to be bot with both of. >> sandra: bill hemmer from "bill hemmer reports " ed thanks for coming back, bill speeds go for it, ed! >> ed: i'm catching my breath, that was fun. following the iranian missile attack on basis, housing american troops. a live report from the pentagon. that's next. saving news for veterans. mortgage rates just dropped to near 50-year lows. one call to newday usa can save you $2,000 every year. and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, $12.99 all you can eat ♪ now with boneless wings. only at applebee's. >> ed: fox news alert, an update on that iranian missile attack on theses housing american troops. we are learning the u.s. has plans to keep that from happening again as more american troops are being moved out of the region for medical evaluation. our correspondent lucas tomlinson is live at the pentagon. good morning. >> good morning, ed and center. in the wake of the ballistic missile attack on that base in iraq housing american troops, as you mentioned, the pentagon wants to make sure that doesn't happen again and is deploying an antiair defense systems that base. they've been sent to a medical center in germany. earlier in speech and the president downplayed these injuries. >> i heard they had headaches and a couple of other things, but i would say -- and i can report, it's not very serious. >> it's been two weeks since iran fired those missiles at all assigned area's in iraq in a brazen attack were over a thousand u.s. troops are based. after president trump awarded the assassination of a top iranian general. the roughly 5,000 u.s. troops deployed to iraq. before his press conference, president trump it with iraq's president. >> we are obviously working on a lot of things together. we are working on military, we are working on isis. we have a whole most of very difficult things to discuss, and some very positive things, also. we've been friends, and the relationship is very good. i just want to thank you very much. >> fox news first reported the u.s. military didn't try to shoot down any of iran's ballistic missiles because there was no missile defense system in position. senior pentagon officials say they thought a missile attack in iraq was unlikely. u.s. officials say to protect those u.s. troops, patriot air defense system will now likely be deployed. there is a worldwide shortage of the antimissile system, many units are bogged down protecting saudi basis, ed and sandra. >> ed: important story. lucas tomlinson all over it for us. >> sandra: capitol hill, we expect to hear soon from senate minority leader chuck schumer. we are told he will be speaking about 11:00 eastern time, moments from now. you will have it for you live that of the impeachment trial day two. >> ed: those rules approved will be ours. how will they shape the trail? haus minority whip steve scalise just ahead. art bed. can it help keep me asleep? art bed. absolutely, it senses your movements and automatically adjusts to keep you both comfortable. it's the final days to save $1,000 on the sleep number 360 special edition smart bed. plus, 0% interest for 36-months. ends saturday. well, here's to first dates! you look amazing. and you look amazingly comfortable. when your v-neck looks more like a u-neck... that's when you know, it's half-washed. try downy fabric conditioner. unlike detergent alone, downy helps prevent stretching by conditioning and smoothing fibers, so clothes look newer, longer. downy and it's done. this round's on me.eat. hey, can you spot me? come on in. find your place today, with silversneakers. included in most medicare advantage plans. enroll today by calling the number on your screen or visit getsilversneakers.com >> sandra: fox news alert, as we await to hear from the top senate democrat with opening statements in the impeachment trial starting hours from now. welcome back to "america's newsroom." >> ed: i'm ed henry with sandra smith. >> sandra: [laughs] >> ed: you're trying to catch up, that's all right! it's a good week. >> sandra: hysterical. ou>> ed: president trump is on his way back to washington, with house impeachment managers about to make their case against him. it follows a marathon session lasting into the wee hours of the morning. sparked some fireworks and even a warning about decorah mentone from the chief justice. >> sandra: senators mike lee and ben cardin weighing in on all the action on "america's newsroom" earlier. >> this was the fault of the house management prosecution team. they were rude, they were insulting, they were demeaning. not just to the present but their opposing counsel and indeed to the senate itself. >> i think there's a lot of frustration here because leader mcconnell is controlling the total way in which this case is being brought forward. there should have been more input. >> sandra: chief congressional correspondent mike emanuel has the latest from capitol hill. while we work out the kinks here in "america's newsroom" this morning, to you. it was a late night for everybody, right? good morning. >> center, ed, good morning to you. day two of the trial starts in a few hours. it was a very late-night. the senate adjourning at 1:50 a.m. today president trump was asked about one of the main things democrats want to, testimony from his former national security advisor john bolton. >> i don't know if he left on the best of terms. i would say probably not. you don't like people testifying when they didn't leave on good terms, and that was do to me, not do to him so we will see what happens. when you have national security, you can call it presidential prerogative. you can just call it -- the way i look at it, i call it national security for national security reasons. executive privilege, they say. >> i understand senate democratic leader chuck schumer is speaking. he will send it back to you. >> a long and crucial debate over the rules of the trial last night. it lasted into the early hours of the morning. the american people expect a fair trial. our oaths, our solemn oaths to the impeachment trial and to our senate office, demand it. before we proceed to opening arguments, it was nonnegotiable for us that the senate at least consider the question of evidence, witnesses, and documents, and the rules of a fair trial. i've publicly offered to delay some of the votes until today to spare everyone from staying late, but leader mcconnell was so unwilling to let the trial of president trump go on for one session longer than he had planned, he declined to delay any votes. it seems the only reason senator mcconnell refused to move votes back a day is because it would interfere with the timeline he promised the president. not what is a fair trial, not what is leading the american people hear what they have to here, but just what president trump, the defendant here, wanted. now, if there is one thing we learned from the series of votes on the senate floor, it's that leader mcconnell and senate republicans don't want a fair trial that considers all the evidence. on four separate votes, every senate republican voted against requesting relevant documents for the trial. on three of their votes, every senate republican voted against calling relevant witnesses before the senate. republican senators even voted against amendments that made basic, fair procedural success. one that prohibited the white house from selectively leaking documents, and another giving both parties a reasonable time to respond to motions. even those, they opposed. at the very end of the night, every senate republican rejected senator van hollan's amendment to place the question of witness relevancy in the hands of the chief justice. they voted down an amendment to guarantee you the consideration of witnesses and documents later in the trial. that particular amendment, the one that would guarantee votes on witnesses and documents, revealed the charade that the republicans are participating in here. all along republicans of said it's not that we don't want witnesses and documents, we just want to vote on them later. we explained why that made no sense for me trial perspective. it meant that presentations could not rely on this important evidence. that they could not ask questions about that evidence and can only decide on this crucial question once the trial is basically over. we've been calling it the "alice in wonderland" trial. even then, leader mcconnell's resolution allows only one vote on whether motions to subpoena witnesses or documents are in order. different from the clinton situation, the clinton impeachment. only one vote of whether to have witnesses and documents. not a vote on witnesses and documents come mainly vote on whether to have a debate on having a vote on witnesses and documents. when we offered an amendment to guarantee votes on witnesses and documents, after the question period, after the presentations, and set of one vague procedural motion every single republican said no. when they say, "oh, they want to make sure we will vote on witnesses and documents later?" their votes belie that. the very first thing the american people saw when they to do into the impeachment trial of president trump was republican g against having a fair trial with relevant evidence. it's clear that the american people overwhelmingly support a fair trial, and overwhelmingly support witnesses and documents. so, it was a dark day and a dark night for the senate. as a consequence, the impeachment trial of president trump begins with a cloud hanging over it. a cloud of unfairness. democrats will seek additional votes on witnesses and documents online. yesterday we put the spotlight on the number one issue in having a fair trial. witnesses and documents. that's just where the spotlight belonged. and i predict that, as a result, that spotlight will continue to focus on witnesses and documents and the pressure will continue to build on republican senators. as we saw yesterday, leader mcconnell was forced to tweak his organizing resolution before it was even offered, with modification scrawled in the margins, after several senate republicans agreed with democratic objections. i am glad a few of leader mcconnell's most egregious proposals were expunged, but let me point out that the fact that mcconnell had to change his resolution showed that republicans can make this trial more fair if they want to. it's not a question of ability. they can, if they want. it's a question of conscience. senate republicans have the power in their hands to make it a fair trial. will they use it when it matte matters? the next real test will come after cumin day when we revisit the issue of witnesses and documents. i want to wake don might make one final point. the house managers made it very clear and compelling case. not only on the glaring need for evidence, but also on the gravity of the presidents offenses. in stark contrast, the white house defense were unprepared, confused, and totally unconvincing. white house counsel resorted to the kind of histrionics you see on fox news evening broadcasts rather than any sober minded arguments that could persuade thoughtful senators. on multiple occasions, they made discrete and demonstrable factual errors. the president is always loose with the truth, and it seems his lawyers are the same way. most telling of all, white house counsel were far more preoccupied with making inflammatory and inaccurate statements about house managers than providing an actual defense of the president's conduct. this does not bode well for the presidents case if this pattern continues over the course of the trial. senator murray? >> well, thank you, senator schumer. look, the difference between what we saw from senate republicans and democrats last night couldn't have been more stark. democrats made very simple, straightforward requests for documents and testimony directly related to the charges against the president. information that so far has been hidden from the public. each time this republican-controlled senate said no. they said no to allowing the president's key aides to testify. no to allowing documents that could shed light on the president's actions to be subpoenaed. they said no to each and every attempt on our part to ensure a fair and honest trial. if the president is truly as innocent as he claims, republicans should want his aides to testify. he should want his administration's documents to be considered. clearly, they don't. the charges brought against this president, that he demanded a foreign government interfering in our elections to help his campaign, that he abused his power as president and obstructed congress, could not be more serious. this is about our democracy, and our future. and we are going to keep doing everything we can to push for a fair and honest trial like americans deserve, not a cover-up. >> senator white house? >> thank you, chuck. good morning. it is clear from last night that we are now on a partisan forced march toward a predetermined outcome. i fully agree with leader schumer's remarks in that respect. i want to add an additional point. i've been an assistant attorney general and entering general in my state. i've been a united states attorney -- >> lisa: you been listening to democratic leadership on capitol hill ahead of day two of the impeachment trial, to resume around 1:00 eastern time. we just heard from chuck schumer, the majority leader in the senate, senators are not interested in a fair trial. that was his take away, he said, from yesterday. he called the process a charade and said this is a dark day and it was a dark night for the senate. more on all of that coming up. >> ed: let's go to the house minority whip, the republican congressman steve scalise. good morning, congressman. >> could morning, ed. can gretchen resolutions to you. >> ed: i appreciate it, look forward to seeing you in the days ahead. what's your reaction to chuck schumer singh there is a glowered >> i wonder where he was when he sawr impeachment trial happened in the house, where speaker pelosi ran this thing through, they literally broke house rules that require that the minority get a day of hearings so we could have actually brought the witnesses we asked for and were denied by speaker pelosi and adam schiff. so they didn't run a fair trial. i think what you saw chuck schumer say, too, he was acknowledging the house did not have a fair trial. the fact that they need to do something differently in the senate. by the way, it's not the senate's rule to mop up the mess the house made when speaker pelosi ran this thing through. they did not have a fair trial in the house. they are having a fair trial in the senate. they are actually following the rules that they have. they are using the precedent set by previous impeachments. that did not happen in the house. they didn't make a case because the president did not commit a crime. the crime they alleged never happened, yet they impeached him anyway to for their base. the voters will decide the presidency in november. >> ed: one of those democrats running for the presidency is joe biden, he was on msnbc this morning. here's what he said about your republican colleagues. >> i think it's one of the things they will regret when their grandchildren read in the history books but they did. i have a great respect and reverence to the senate, for real. i was embarrassed for the institution. >> ed: he was talking about the senate but he seems to suggest by extension that you and other republican leaders are going to be embarrassed in the next generation. >> i think the real embarrassment is the fact that he has admitted already, publicly. you can see it on tv, he admitted he went to ukraine and did the quid pro quo. here's one who said, "hey, i'm leaving with the billion dollars." by the way, ed, the billion dollars of our taxpayer money -- "the less you for the prosecutor," who was missing and his son. lo and behold, they did fire the prosecutor, and he bragged about that. he has to answer to that. i know he gets a free pass running in the democratic primary, but voters won't forget the fact that he literally said, "if you don't fire the guy investigating my son, i will take taxpayer money." they did not help ukraine. oh biden and bono did not help ukraine stand up to russia. president trump has, he sold them javelin missiles to stand up to russia. to give them the eight in question. they got the money, they didn't the fact that you saw schiff and his democratic colleagues get chided by the supreme court justice, that the embarrassment. they went on the senate floor and embarrass themselves. >> ed: you said a moment to go after biden should not get a free press from his role in ukraine, the money got from marie smith ben cardin told sandra and i that he's open to the idea of hundred biden coming for testimony. would you be willing to see republican colleagues do that in some sort of a swap, we are in exchange for john bolton or mick mulvaney inside the white house testifying at this trial, you would finally get to hear from hundred biden and make sure he doesn't get the free pass? >> that's ultimately up to the senate to figure out if they want to bring in more witnesses and if they need to. in the house we tried to do that. we try to do that. the democrats are to bring other witnesses. they did try outs, in fact. schiff, behind closed doors, you saw it for months. he had the secret meetings where they had tryouts and see who would be the best are witnesses to bring out on tv. every one of them, by the way, flopped. every one of them was asked under oath, "can you name an impeachable offense?" not one of them could name anything. it was a weak case. now they want to try and mop up that mess in the senate, but it's not the senate's job. the senate's job is to take with the house did come as bad as it was, and vote on it. they are having the trial. >> ed: house minority whip steve scalise, we wanted to make sure he got equal time to you after chuck schumer had to say. i want to give equal time to sandra smith. i would be remiss not to say, graduations to the lsu title tigers. >> sandra: what he went back, still celebrating! yes, indeed. thank you, commitment. we saw every minute of it! the supreme court rejecting an appeal for a fast track ruling on obamacare, meaning the high court would likely not decide the case for the 202020 election. as health care becomes a big issue in the presidential race. our panel will weigh in on that next. >> we have great health care initiatives coming up. movewe got rid of the individual mandate. that was a big thing with obamacare, that was the end of obamacare. i have huge money saving news for veterans. mortgage rates just dropped to near 50-year lows. one call to newday usa can save you $2,000 every year. and once you refinance, the savings are automatic. thanks to your va streamline refi benefit, at newday there's no income verification, no appraisal, and no out of pocket costs. activate your va streamline benefit now. including best director...d for 10come on! awards, best original screenplay... there's only one way this war ends. and best picture of the year. last man standing. doprevagen is the number oneild mempharmacist-recommendeding? memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life. >> ed: more setbacks for boeing. the 737 max plane, the company announcing the production will be halted indefinitely. the president did not hold back on criticism of boeing's announcement in davos. >> it had a tremendous impact. when he talked about growth, it is so big that some people say it's more than half a point of gdp. the so boeing, big disappointment to me. >> ed: he added he's confident in their current leadership team, new group that just came in. the 737 next jets were grouted following the crash as of two new planes within five months. those crashes killed 346 people in ethiopia and indonesia. >> we had a washington state resident, a man in his 30s, who was in wuhan, china. very happy to say he's in satisfactory condition. as of this moment, he is very helpful in us identifying particular people he may have been in contact with. >> sandra: washington governor jay inslee they are on the first case of the coronavirus confirmed in the u.s., in a patient who traveled recently to china. now health officials are expanding screenings from airline passengers coming from or through china. the flu-like illness is blamed for at least 17 deaths now. dr. robert siegel is a professor of microbiology and immunology at stanford university, and he joins us now. doctor, good morning. thank you for being here. what do we need to know this morning about the spreading of this virus? >> well, we were following the news, as you are. i think what we need to do is think about how we can assist in stopping the epidemic at its source. that's the most important thing we can do now. >> sandra: how do we do that, what's the strategy? >> i think the most useful thing will be to make sure all lines of communication and cooperation are open, and that we know what's going on, that we provide assistance to try and stop the epidemic at its source. the epidemic will continue to increase, as we've seen by the day, by the hour, new cases are emerging in new areas. >> sandra: these are the countries where cases have been reported, we can put that map up on the screen. so far, of course, the u.s., china, japan, south korea, taiwan, and thailand. the president was asked about this on various interview this morning. he said it's under control, that this was one person coming in from china. is it under control, dr. siegel? >> i think there is very little evidence that this is under control. if you just watch the numbers unfolding by the hour. it is likely that we have seen -- we will see several more waves of infection, particularly throughout china. >> sandra: what do we need to know about the symptoms that these patients experience when they contract the virus? >> i think from what i've hrd this presents in ways that are similar to, for instance, the sars coronavirus. where it's presenting with respiratory distress and symptoms involving difficulty breathing. we have heard a little bit about screening people with symptoms of colds. i haven't heard any evidence that cold symptoms are actually associated with this particular syndrome. >> it's hard to imagine what a task like that would be. cold symptoms this time of year, of course, so many people going for the airports, dr. siegel. how can you do that? we do know the cdc has expanded their program to screen people coming from china through airports in chicago and atlanta. what do you look for? >> well, i think the screening program is worth looking at, because i think the most important thing you can do when you are screening individuals is actually provided information. one problem with looking for people who might be ill or have a temperature coming through the airports is the question of false positives and false negatives. by that i mean that, since this is flu season and virus season, is going to be a lot of people who have symptoms who really do not have the wuhan coronavirus. there's also going to be calm even more importantly, the possibility of missing lots of people who are incubating the virus i don't have any symptoms yet. who will pass the screen but they may develop symptoms later on when they get to their houses or whatever they are going. >> sandra: very worrisome for a lot of people. final thoughts, dr. siegel? go ahead. >> i think the idea of thinking that just screening everybody at the airport is going to be the end of the epidemic is not adequate. we need to think about stopping the spread of infection of the source, particularly in china. >> sandra: we know we want to do whatever we can. dr. siegel, thank you very much. >> my pleasure. >> ed: mexico meanwhile halting a group of migrants, deporting hundreds of central americans to honduras. >> sandra: plus, democrats considering a witness stealing the impeachment trial. so, are they ready to make a swap, treating hunter biden for john bolton? >> no, the president does not want to hear from investor bolton, because the president de american people to hear firsthand testimony about the misconduct of the heart of this trial. ♪ take your bad days with your good ♪ ♪ walk through this storm i would i'd do it all ♪ ♪ because i love you, ♪ i love you unconditional, ♪ unconditionally i will love you unconditionally ♪ there's a booking for every resolution. book yours, and cancel if you need to. at booking.com >> sandra: to mexico now flying and busting migrants back to honduras after thousands rushed the mexican border over the weekend. william la jeunesse has more from her west coast bureau on that this morning. william? >> sandra, this is a radically new approach and it shows how president trump's foreign policy is really changing central america. what mexico is doing is twofold. departing migrants as far from the border as possible makes it less likely they will try again. secondly, it sends a message. if people back home see the migrants being sent back, not just from the u.s. but mexico, what's the point of leaving? it's more likely they will stay in central america and then make the expensive and dangerous trek north. here are some maps. here's what's happening. micros arrived in guatemala over the weekend, intending to cross into mexico and then to the u.s. checkpoints stop them. instead of making it to guatemala, mexico was sending them back to honduras. >> translator: what can i say? it's damn tough to cross the border right now. i think it's better to return home. >> roughly 700 honduran sent home after clashes near the guatemalan border. those crossing legally get food and water. others who are captured don't. critics call it inhumane, mexico says otherwise. >> translator: migration must be organized, must be safe, and must be legal. what does legal mean? to abide by the rules of each country. >> dhs says monitoring the situation, and should any members of the caravan reach of the u.s. border, they'll be removed. mexico and the u.s. are trying to unwind or undo what's been happening for generations, and now president obrador has adopted the same language as president trump, saying that "we are sending the migrants back for their own good because it's too dangerous to continue on the trek north." sandra? >> sandra: william la jeunesse, thank you. >> nadler, i've known him a long time. he's a sleazebag, everybody knows that. pat cipollone is a high-quality human being. i was very impressed with pat, he had great emotion yesterday. pat is a brilliant guy, but it never seen that emotion. that is real emotion. that's because he knows this is a hoax. i was very proud of the job he did. >> president trump a blessing some of the house impeachment managers, praising his own defense team, of course. joining us now come in prior, for me to be director of public affairs and the term justice department. the fixer coming in. >> thanks for having me. >> i wonder, the president praising his own defense team, not unexpected. but then chuck schumer a few moments ago saying he thought the president's legal defense team was not fully aware of the facts. give back some time, didn't want to engage on some points. where'd you come down on how they did? >> i think the term defense team did fantastic. i said this earlier about a week ago on this show, the democrats were they made a mistake in who they picked as impeachment managers. we all know, we've seen jerry nadler, we see in adam schiff. leasing them on cable news, we seen them being incredibly part of some of the house floor. what they should have done was pick more businesslike house managers that aren't necessarily out there on the partisan side that could have matched the more measured tone of pat cipollone and some of the president defense team. instead it essentially became partisan bickering with characters we've seen doing this over the course of the past three years. >> the president clearly had choice words, as you had a moment ago, from jerry nadler. i won't repeat it, everyone heard it. but nadler was out there accusing trump's defense team of lies. he got admonished there by the chief justice over that. then you had adam schiff kind of lecturing the senate on the idea of a fair trial after what we saw play out in the house. how do you think that works out? >> again, we are talking about a fair trial. first of all, the idea of impeachment, impeachment was created obviously before there was a two-party system. it's not going to be fair trial, especially when you have two parties as divided as they are. so you either have democrats using this as a political hit job against the president with guys like schiff and nadler, or you will have senators trying to curtail the rules, dragging out for months. the idea this is some kind of fair trial or a fair procedure, it's just not reality anymore when it comes to impeachment and trials to remove the president. >> ed: we had been carting on a short time ago. he didn't want to call it a swap in terms of this "washington post" report about maybe hunter biden coming in as a witness in exchange for john bolton or mick mulvaney. but he did seem open to the idea, no matter what you call it, about bringing in hunter biden. let's listen. >> we aren't doing trades. but i do think the president's lawyers should have the opportunity to suggest witnesses they believe are important for the president's defense. they should be able to make the argument of relevancy, if they can. we should hear those witnesses. the witnesses brought forward by senator schumer have relevant information, and should be called before the united states senate. we are open, i'm open. >> ed: 's was the door, in fact, open to hunter biden coming in? public is difficult for that for a long time. the competing interest, as the president's lawyers made clear, given executive privilege and important privilege there, they don't want bolton or mulvaney in there. speak of the is it sets the precedent where you are waiving executive privilege in exchanger witness. i think there are concerns there. on a democratic side, i think this is a terrible idea. the after member can be put hunter biden in that well and you haven't being interrogated n the senate, is not only going to have president trump every day talking about it, you will have biden's rivals in the democratic side. you know, off the record, on background, the elizabeth warrens, the bernie sanderses, they will use this against biden, which would then serve to take down the front runner to a degree. and elevate sanders and warren. so i think this is a bad idea for democrats, but i also think on the republican side you need to weigh what precedent this would have when you are waiving executive privileges in exchange for witnesses. >> ed: and the prospect of a juror like bernie sanders. that would make a very interesting day in this trial, if it ever happens. ian prior, appreciate you coming in. >> thanks for having me. >> sandra: are you ready for another royal controversy? if so, check out this picture of meghan markle holding baby archie. what is all the fuss about? we are going to take that one beyond the headlines next. ♪ with va mortgage rates near record lows, i want to tell as many veterans as possible about newday's va streamline refi. it's the closest thing to automatic savings that we've ever offered. at newday, veterans can refinance their mortgage with no income verification, no appraisal and no out of pocket expenses. and we've extended our call center hours so that every veteran can take advantage of these near record low rates. >q"kpp at liberty butchemel... cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> sandra: it's that time where we go beyond the headlines, where we take a break from this fast-moving new cycle every day. today we are spotlighting the controversy. i should say, new controversy, surrounding this photo of meghan markle with her son, archie, on a walk in vancouver. there is some social media criticism that has followed about how she is carrying her baby. joining us now is kat timpf, reporter and a fox news contributor. she's a new mother, you've got to leave her alone! she's going to do the best thing for a baby. what are they saying? 's people don't like the mexican people are going nuts because it looks like one of the straps is hanging off a little bit. people are saying it's scary. the baby appears to be sleeping soundly. i don't think i've slept soundly in like 15 years, so i think the baby is probably fine. you have to keep in mind, this is just a photo. so there's a chance the strap literally slipped down for two seconds it improper if he was, "a-ha, gotcha!" people are going after her, trying to make her look bad. probably somebody waiting for that strap to fall. "the baby is going to die!" speech there are some -- many, in fact -- on team meghan staying with her through all of this. some people say it looks like the baby is falling out. she's embracing her child by walking a dog. >> i also don't know how to hold the baby. [laughter] speech they are tricky. >> i have friends with kids and they are like, "do you want to hold her?" and i'm like, "do you see the cracks in my iphone screen? absolutely not!" [laughter] speech noted, kat! now to florida where the national weather service is talking about the iguanas falling from the trees. this isn't something usually forecast, but don't be surprised if you see iguanas falling from trees. as the lows drop into the 30s and 40s, iguanas slow down or become immobile when temps drop. they may fall from trees, but they are not dead, is the warning. >> this is my dream. i love lizards. i know some little girls dream of buying purchases dumb acting princesses, at their wedding from having kids. i've always wanted to be a lizard. i'm serious! [laughter] my parents never let me get a lizard. it's all ever wanted. they're like modern dinosaurs, there's nothing cooler than a lizard. i want little lizard buddies falling out of the sky. that's my dream. >> sandra: full disclosure, something nobody knows about me. my first pet was a lizard. >> you are allowed to get an iguana? c, dad? sandra got one! [laughter] >> sandra: it was a horrible idea! >> my aunt tried to get me one for my birthday and my parents shut it down. i'm not over it, if you. >> sandra: kat, you are the best. for years old. >> he's three years old. he probably wants to watch "the wiggles" and eat his boogers. the >> ed: so much to unwrap their prey democrats pushing for the supreme court to fast-track his obama appeal. the justices have decided against it. what this could mean for the 2020 elections. that is next. hi! we're glad you came in, what's on your mind? can you help keep these guys protected online? easy, connect to the xfi gateway. what about internet speeds that keep up with my gaming? let's hook you up with the fastest internet from xfinity. what about wireless data options for the family? of course, you can customize and save. can you save me from this conversation? that we can't do, but come in and see what we can do. we're here to make life simple. easy. awesome. ask. shop. discover. at your local xfinity store today. >> ed: the supreme court denying democratic efforts to fast-track an appeal of the lower court ruling against obamacare's individual mandate. that means the high court will not take up the case before the november elections. matt gorman is a former commune negations director for the national republican congressional committee. jonathan caught is good to have you both end. jonathan, i wonder what you think of democrats not getting their chance to litigate the future of obamacare before the election. >> i think they are upset they are not getting to litigate it, i think they are very happy that millions of americans are going to lose their health care coverage before the election. i think it's going to be very difficult challenge for republicans to explain why they started a lawsuit to get rid of coverage for pre-existing conditions and probably overall health care coverage for millions of americans -- >> ed: pardon me one sack, democratic groups were pushing to get this on the docket before the election. they wanted it out there. >> yes, they would like to get it resolved so people know they have their health care coverage. i think you will also see health care companies would like to get it resolved so they know what to set their premium prices at. come september, you will have a lot of premiums going up. if republicans are to blame for that, that's not going to be a good thing for them going into the 2020 elections. >> ed: matt, are republicans believing they will take the blame for this? >> i think it's a good thing for republicans. it neutralizes the issue in advance of the election. i know firsthand the potency of health care when it's in the top of the voters' minds. look, let's litigate medicare for all during the election season. jonathan knows very well, if we start going down the obamacare repeal route, that's where democrats go on offense and the very real way. really come the first mover on health care usually tends to bear the brunt of the public frustration. let's neutralize this issue for now and fight after they elect a president one way or another. >> ed: on the question of medicare for all, the guy who likes to say "i rode the damn bill," bernie sanders, is upset about elizabeth warren copping what he started. he seems to be surging in the polls. cnn's new national poll puts him in the lead position for the margin of error is a couple points, so joe biden is still at the top with him. but you can see from december until now, sanders has gone up seven points, and biden has gone down two. again, a small amount. but this is the first time looking at the 2020 race that sanders has been on top. >> yeah, i think bernice urges sometimes but he has a ceiling on the floor. he's never going to go higher or lower than a certain amount. that is a national poll, we have to look at the state-by-state polls. i think vice president biden will do very well in iowa and new hampshire. he's clearly going to do well in south carolina. i think voters will -- i think democratic voters specifically look at bernie. if you like bernie's plan, i would suggest you take a look at senator warren. she actually is willing to work with people to get things done and she seems to have an actual plan for a lot of the policy proposals that bernie has. >> ed: elizabeth warren has been trying to just that medicare for all plan. is that a sign she wants to work with people or a sign that she got panned when she came out with a plan that would cost $52 trillion? >> i think it's a sign she doesn't know what the heck her plan is. she's been all over the place on it. it reminds me in a way of ted cruz and donald trump back in 2015, 2016. warren and bernie had this essentially nonaggression pact. she was hugging bernie and his campaign for a long time. then it gets to crunch time and they really split apart in a very vicious way. i would say bernie is surging at the right time. i worked from it wrongly back in 2012. we got called into meeting two weeks before the iowa caucus. "rick santorum is surging, we need to stop them and stop them now." he won the caucuses by less than a hundred votes. joe biden has been slow and steady but bernie is coming at the right time. >> ed: the also often say in iowa it's about peeking at the right time. john kerry did we back when. we will see who does it. i appreciate you both coming end. >> thanks, ed. >> sandra: opening arguments in the president trump impeachment trial set to begin an hour from now. we'll take you there live when it all happens.r their mortgage at these near record low rates. one call can save you $2000 every year. that's ensure max protein, t0jl0505qd with high protein and 1 gram sugar. it's a sit-up, banana! bend at the waist! i'm tryin'! keep it up. you'll get there. whoa-hoa-hoa! 30 grams of protein, and one gram of sugar. ensure max protein. nexthi. oh, susan what a surprise, you're here early! you know life line screening assesses your risk of stroke and cardiovascular disease. looks like somebody should have gotten screened. life line screening is the easy and affordable way to make you aware of undetected health problems before they hurt you. we use ultrasound technology to literally look inside your arteries for plaque that builds up as you age. after all, 4 out of 5 people who have a stroke, their first symptom is a stroke. so if you're over 40, call to schedule an appointment for five painless screenings that go beyond annual checkups. and if you call us today, you'll only pay $149 an over 50% savings. it's affordable and painless and they have convenient locations, like everywhere. everywhere, i know! so avoidable! i didn't know! life line screening. the power of prevention. car vending machines and buying a car 100% online.vented now we've created a brand new way for you to sell your car. whether it's a year old or a few years old, we want to buy your car. so go to carvana and enter your license plate, answer a few questions, and our techno-wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot, and pick up your car. that's it. so ditch the old way of selling your car, and say hello to the new way-- at carvana. >> a lot happening, the supreme court is hearing arguments in a case that could make it easier to use public money to pay for religious schooling. >> sandra, this case, really one of the most hotly anticipated cases on the docket this january session because ultimately, the justices ruling here could make it a whole lot easier for americans across the nature nation to use public money to pay for religious schooling in states nationwide. oral arguments revolving around a scholarship program allowing for private k-12 education in montana. montana being 1 of 37 states with prohibitions in their constitutions barring religious schools from receiving state aid. i montana mother says she wants to use the tax credit program to keep her two daughters in attendance at religious schools in the state. >> if the programmer to continue and we were to be excluded because we are going to a religious school, that would definitely be discrimination. it's blatant discrimination. >> state governments, teachers unions, and school boards say this could ultimately drain funding from public schools while opening the floodgates for religious education. take a listen. >> first, these programs are scholarship programs. they aid families, they don't age schools. they were prevented from getting and using the scholarships because of the schools they chose under the state's no eta clause or what we call the blaine amendment. >> president trump has made his administration's position on religious liberty clear from day one. >> the government must never stand between the people and g god. >> both sides here are really trying to influence of ruling that could be a game changer for the hot-button issue of the future of school choice. >> we will watch that altogether. gillian turner, thank you. busy day in washington, busy day on wall street. >> some new records for the s&p and nasdaq. >> the u.s. stock market hitting record highs. >> interesting, can i take tomorrow off? >> no you cannot. our coverage continues tomorrow. now, "outnumbered." >> harris: we are less than an hour away from the opening statements of the president's impeachment trial. tempers were hot just after midnight. house impeachment manager jerry nadler clash with president trump's legal team after nadler demanded senators support an amendment to immediately subpoena former national security advisor john bolton. watch. >> the president sometimes relies on a theory of absolute

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