Needs to be a top priority and playing politics with these issues is a dangerous game. The president doesnt want a shutdown. If one happens i think you have one place to look. The democrats. The republicans and the president seem intent on pursuing a policy of intransigence. Weve been right down the middle when it comes to immigration. There is no doubt in my mind there will be a deal so long as men and women on both sides are willing to talk. Bill team fox coverage starting the day on this important issue. Peter doocy on the hill. Chris stirewalt and begin with john roberts from the north lawn. Good morning there. Good morning to you. Got a dealing download from white house sources this morning. Here is where we are. The clock is ticking getting a spending deal before tomorrow night. The white house optimistic that it can get it done and throwing its full support behind a house measure which would keep the government funded through february 16th. Also provide six years of funding for the state Childrens HealthInsurance Program and delay obamacare taxes on health insurers, medical devices and cadillac plans. They believe its something they can sell to democrats. However, there is opposition on the republican side. The House Freedom caucus throwing up a roadblock with a twoyear budget deal, not a temporary spending measure. Lindsey graham also saying he wants a real budget that funds the military. The white house saying that it is having, quote, good conversations with the House Freedom caucus. They believe that Lindsey Graham will fall in line as well. Many democrats saying that they will not vote for a continuing resolution that does not include a fix for the deferred action for childhood arrivals plan but there is no way the white house is going to allow daca to be attached to this cr. Last night speaking with special reports bret baier john kelly said thinks they can get a deal. Listen here. I spent a fair amount of time on the hill today speaking to members of congress both sides of the aisle and both sides of the hill and it would seem they have the votes to continue funding the military, take care of the child healthcare issue, and perhaps some other things. As i understand it, they have the votes and im fairly confident. In the meetings on capitol hill yesterday kelly raised a few eyebrows when he told democrats the president s statements about the wall werent fully informed. The u. S. Was not going to get the money to build a wall from the mexican government. Kelly said the president s views have evolved but the president clarifying his position on the wall on twitter this morning saying the wall is the wall, it has never changed or evolved from the first day i conceived of it. Parts will be of necessity seethrough and never intended to be built in areas with natural protection such as mountains, waist land, rivers or water. The wall will be paid for by mexico with a trade surplus with the u. S. The 20 billion wall is peanuts compared to what mexico makes from the u. S. Nafta is a bad joke. Out of breath just going through that. But the president clearly did not articulate that during the campaign. It was much more simple language. Well have a border wall across the southern border and mexico will pay for it. On daca, no deal this week im told. The white house says there is an understanding among the people negotiating on capitol hill the four things that the president laid out have to be on the table and bill, youve been running it at the bottom of the screen now the president tweeting if there is no wall, there is no deal. Bill thats a mouthful. Im here for you, john. The president goes to the pentagon today. What time and whats that all about . He will be going to the pentagon at 10 when 45 this morning on the new Nuclear Posture review. We wont find out the content until february. Leaked drafts of the Nuclear Posture review suggest the United States is looking at increase its number of low yield Nuclear Weapons. There is a belief that the Current Nuclear arsenal is too powerful and deadly to be used, which was the idea of having a nuclear arsenal. Some people in the defense segment who believe that having more lower yield nukes that could be used on the battlefield would increase deterrents. We wont find out the final content until february. The president yesterday in an interview with reuters was asked about a potential preemptive strike on north korea if kim jongun doesnt give up his nuclear program. The president saying again, i dont want to say what options i want to consider. I dont think we should be talking about options to the media. In the next couple weeks youll hear a lot of talk about Nuclear Weapons and where the United States plans to go on that. Bill john roberts leading us off today. Thank you much there on the north lawn. Sandra a lot going on. Speaker paul ryan speaking about military readiness. His speech coming as fox news is learning gop leadership will vote this afternoon on a short term spending bill. Will it pass . Peter doocy is live on capitol hill with the latest on that. Peter, good morning. Good morning. Democratic lawmakers are really laying the pressure on the republican colleagues with a reminder that they control both houses of the congress so they should be able to keep the government open if they want to. Late last night at the rules Committee Democratic congresswoman from new york said if there is a shutdown, our fingerprints arent on it. Now as of right this second it looks like every single democrat is going to vote no as a way to protest the absence of a deal on daca. But because the gop added that sixyear extension of the Childrens HealthInsurance Program to the short term budget, they are adding a lot of weight to all those no votes. By voting against this continuing resolution, not only are they voting to shut down the government, they are voting to deny children access to Critical Healthcare when they need it. Its time for republicans and democrats across the board to stop obstruction, stop the games, lets join together to get this done. If the short term budget makes it to the senate Lindsey Graham says he will vote no because his colleagues arent seriously considering a plan to help Daca Recipients or to strengthen the military for more than a month. To my republican colleagues, this are we going to continue to be the party that cant get to yes . Are we going to continue to be the party that always has a reason not to do daca . Are we going to be the party that finally realizes these young men and women senators tom cotton, Chuck Grassley and david perdue are fighting back at their republican colleague graham with a joint statement that says this. Its inconceivable anyone would shut down the government over this plan, the Graham Durbin plan. Come back to the negotiating table and get a serious solution to the daca situation that protects all americans and our National Security. Right now the plan is to get the bill out of the house today so the senate can consider it before the government shuts down tomorrow night. Thats not a sure thing sending it to the senate because republicans today can only lose 23 of their own members. Sandra setting up to be an exciting finish to this week. Bill check out the scoreboard now. Chris stirewalt, how are you doing, sir, good day to you. Well see whether we get a dilly dilly at the end of this week here. Where do you believe it stands right now on the votes . Well, it depends on how many times republicans want to shoot themselves in the foot on this one. And they have a lot of bullets in their gun. Lets be very clear and very simple about this. Which is republicans in the house have a majority. They can they should be able to pass whatever they want. If they cant pass this thing. The president is attacking it on twitter today. Attacking the plan that paul ryan has to keep the government from shutting down for 30 days because president says the funding for Childrens Health insurance shouldnt be included in the short term fix. It should be in a long term fix. If they cant pass that today or tomorrow, the government will shut down. They will do it to themselves. Bill there is this idea you get a vote in the house. Peter was referring to it. A clean vote on the budget. The military spending is out of there. The immigration debate is out of there. Is that something that would fly in both chambers . It would be very hard for all of the Senate Democrats. Remember, when you get to the senate side you need nine votes by democrats to vote for whatever they are going to pass. If House Republicans pass something. If they can pass something to keep the lights on for another month. If they can do that it would be very hard for all the Senate Democrats to refuse to come to the negotiating table and say one more month. Now look, this is a bad way to run a government. Weve been running the government badly for a decade. We havent had a normal, clean, healthy budget process in the United States for about a decade. So one more month of not keeping the new years resolutions for one more month isnt the end of the world. Bill here is my sense from afar. I dont think anybody wants a Government Shutdown. Do you hear from either side or factions on either side that would say this would be good for us to shut things down . I dont know. The president may want one, i am not sure. He seems to be remember, once he said a good shutdown. He said this last year when the first threats were coming as we these deadlines started in september. So weve been doing this since september that weve been kicking the can on this stuff. I think the president , who has never been in washington, never worked in washington before, maybe he wants to try it out. By the way, he has considerable power as president to try to mitigate the effects of a shutdown in terms of ordering the governments obligations and what gets paid first. Maybe he wants to try it out. I dont know. Bill give it a test drive. Thank you, chris stirewalt. Nice to see you, there he is dilly dilly. And sandra where does that leave us . Bill keep watching. Thats where it leads us. Sandra a lot of big guests coming on well ask of that. President trumps relationship with the media has been contentious fair to say at times. Since you are attacking our News Organization can you give us a chance. Not you. Can you give us a question . Can you give us a question . I wont give you a question. You are fake news. Sandra well, the president is now out with his longpromised fake news awards. Howie kurtz is on deck with all that plus theres this. There is no evidence of collusion between donald trump and the russians, between the Trump Campaign and the russians, even between frankly between hangers on and wanna bes on the campaign. Bill trey gowdys position is quite clear. No evidence of collusion saying no evidence has surfaced at this point. Well talk about that and a lot more with Alan Dershowitz to answer the tough legal questions next. Sandra also it has been a scary flu season and continues to be so. 49 deaths so far connected to the virus. What you should know and what you can do to protect your family. But do you take something for your brain. With an ingredient originally found in jellyfish, prevagen is the number one selling brainhealth supplement in drug stores nationwide. Prevagen. The name to remember. Exwith a classleading8 31 mpg combined estimate. D lease the 2018 nx 300 for 339 month for 36 months. Experience amazing at your lexus dealer. Bill fox news alert. Steve bannon expected back on the hill testifying for a longer period of time before the house Intelligence Committee. He was there for 12 hours this week. Trey gowdy said this when asked about collusion on our program just yesterday. I have seen no evidence of collusion between the president and the russians, the president s campaign and the russians, but we still have more interviews to do. Bill with me now Alan Dershowitz harvard law professor a emeritus. Thank you for coming back here. We want to get your reaction to what gowdy called a tortured version of executive privilege. Bannon said ill answer some questions but i wont talk about transition, thats off limits. I think he is legally within his rights to do that. Do you have a problem with that . There is no legal issue here, its a political issue. When you testifying in front of congress, basically its congress who determines whether or not you have to answer questions and if they think youre in contempt they can seek to have you held in contempt but a Republicancontrolled Congress wont hold bannon in contempt. Legally he is obliged to answer these questions. Executive privilege doesnt apply to the campaign, it applies only to what happened in the oval office. So what were seeing is kind of political shuffling back and forth with no clear legal determination. Its very different than the grand jury where he has the legal determination to answer all questions subject to privilege. Bill apparently bannons lawyer is consulting with the white house lawyer during his appearance. I dont know how many phone calls were made or what contact was had. Does that strike you as unusual . No, it seems perfectly reasonable in light of the fact he is claiming executive privilege. It doesnt belong to bannon, it belongs to the executive, the president of the United States. And so it seems entirely reasonable for bannon or his lawyer to be checking with the white House Counsel as to the scope of executive privilege and getting advice as to what the white house will defend. If the white house wont defend his claims of executive privilege he shouldnt be raising it in front of congress. Coordination there seems entirely reasonable. Bill interesting. Gowdy told us yesterday that adam schiff got ahead of his skis when he talked about collusion. Representative gowdy believes there is no evidence there has been collusion. I dont know whether or not that changes but in the background of all this, steve bannon has been subpoenaed by Robert Mueller and sit down for an interview not before the grand jury but an interview. Whats the difference . Well, the difference is that if youre in front of a grand jury, you dont have your lawyer present. There are no restrictions on what you can be asked. There are no time limits. And the only privilege you can really invoke in front of a grand jury is your privilege against selfincrimination. Nobody wants to do that if theyre in public life. In the interview it is less formal. You have your lawyer there. Negotiate what the subject matter will be and negotiate times. That is the way it will end up with the president as well. He will have an interview with his counsel present but in the end mueller has the ultimate authority to subpoena anybody including the president of the United States in front of the grand jury and everybody must comply with a grand jury subpoena and you can only refuse to answer questions that might tend to incriminate. Bill last question for you today, counselor. Do you see any evidence of collusion or do you agree with trey gowdy . First of all, collusion is not a crime so we shouldnt be seeing investigations by prosecutors of collusion. It might be a political sin but nothing in the federal law that prohibits collusion unless it includes a crime. If anybody in the campaign hypothetically said to the russians please we want you to get information from the Democratic National committee illegally. There is no allegation of that. I dont have access to all the information. Ive seen nothing in public that would qualify in any way as criminal collusion, criminal conduct relating to collusion. Collusion is not a good thing between a campaign and a foreign power, but you have to point to criminal statutes before you can have a basis for a grand jury investigation. Bill understood. You come back. Thank you, sir. Alan dershowitz in probably a very warm climate. Thank you, sir, for your time today. Sandra we are awaiting a big meeting happening at the pentagon today. President trump will be sitting down with top military brass to discuss the ongoing threat coming from north korea. Senator marco rubio will be joining us live at the top of the next hour to discuss all of it. Plus the couple accused of starving and torturing their 13 children preparing to make their First Court Appearance this morning. Details on that. Trusted battery for your sons favorite toy . T maybe not. Maybe, you could trust he wouldnt leave the upstairs water running. woman screams or, you could just trust duracell. Bill quite a tribute to bob dole yesterday. Both republicans and democrats there to recognize bob dole serving our country as a sole and legislator and statesman. He was critically injured on a mission in italy during the second world war. Im extremely honored to accept this great honor. And i thank you for presenting it to me. Bill he is 94 years young and holds the record as the longest serving republican leader in the u. S. Senate. I saw him at the convention in cleveland. How do you feel . He said i might run again. Sandra lovely moment, though. Bill congratulations. Sandra well, President Trump unveiling the socalled winners of his fake news awards. Howie kurtz is a Fox News Media analyst host of media buzz and author of the book media madness. Donald trump, press and the war over the truth. Howard kurtz, good to see you this morning. All right. So where do we begin . Abc n