more short conversations that occur over the next few days as the president makes his final decision. but that he has wrapped up the formal interview process interviewing six judges monday and tuesday of this week. he spoke with one of them twice which accounts for the seven conversations that the white house was talking about earlier in the week. it was throwing us off a little bit. we didn't know if he had seven candidates or conversations. he had six candidates and seven conversations. i'm told that judge raymond kethledge's stock is rising, an appellate judge appointed by president bush in 2000 , 51 years old. he could sit on the bench for three decades, a district constitutionalist. got his law degree at the university of michigan. not the typical harvard or yale pedigree. i'm told by some there is a bit of concern his judicial record is a little light but he does appear to be a reliable conservative judge. also still in the running is bret kavanaugh from the d.c. circuit court of appeals. most in the mold of neil gorsuch appointed last year. some conservative groups have been engaged in a whispering campaign to try to torpedo him because of an opinion he wrote on an obamacare case. some conservatives say the criticism a unfair. judge amy coney barrett still in the running. her stock is falling a little bit drawing a tremendous amount of fire from democrats who fear she would overturn roe versus wade. i'm told the president would like to appoint a woman and that nominating her would likely put democrats like joe manchin, joe donnelly and heidi heitkamp in a box that they would find it difficult to vote against a woman. she is still a possibility. now a word about senator mike lee of utah. he is on the president's list of 25 and the president did speak to him on monday. lee described that conversation as a quote interview. sources tell fox news the president called lee to ask who he thought he should put on the bench and i'm told by multiple sources that lee is not in the running to replace kennedy. strongest horses in the race at this point kavanaugh, kethledge and barrett. we expect an announcement on monday. if it follows the gorsuch model we should hear who the next -- we're hopefully going to hear before then but introduced to the nominee to replace justice anthony kennedy at 8:00 p.m. or so on monday night. leland. >> we have that domestically going on. a lot of coverage of that. you have the white house now also looking forward for secretary pompeo's trip. he is overseas heading to north korea. what is the white house saying about objectives and expectations? >> this really is a very important meeting and could determine how the conversation goes forward with north korea if it goes forward at all. secretary pompeo left andrews air force base early this morning before 2:00 a.m. he will meet with kim jong-un and top deputies over two days. there are intelligence reports that they're making improvements on three locations. last weekend the national security advisor john bolton says no one in the administration is overburdened by naive tay when it comes to north korea and the spokeswoman for the state department saying when he gets there secretary pompeo is going to make it clear what north korea is expected to do to live up to its side of the deal. listen here. >> the u.s. government keeping a close eye on north korea. the secretary has been very clear and very blunt with the north koreans about what he expects and i'll leave it at that. >> he will stay overnight for the very first time in pyongyang and also have a stop in japan on the way back to brief abe on the talks. the president is optimistic about all this but north korea making moves that have caused people to doubt their sincerity. >> john, thank you. sandra has a lot more. >> sandra: we go to steve hayes, editor in chief for "the weekly standard" and fox news contributor. good morning to you. all right, so monday night will be a big night, we're learning, as john roberts reported at 8:00 p.m. monday, july 9th we expect the president to name his pick to fill the vacant seat. expectations are rising. he has narrowed it down here. judge raymond kethledge's stock is rising, kavanaugh, barrett. what are your expectations? >> i think conservatives think kethledge is a fantastic writer. high on the list of a lot of outside conservative groups. people that i've spoken with. i think the three that john roberts mentioned as finalists if we put them in that category would please all manner of conservatives notwithstanding the criticism of brett kavanaugh we've seen from some conservative groups. >> sandra: it will be a big decision for the president and completed the six interviews with six judges. that process is over. we're all kind of wondering here we are thursday, the day after the holiday, if the president knows yet who he will pick. just a few days left, steve. this is going to have a lasting impact on this white house and this president's legacy. >> it will. you know, what's most interesting about this is the president's inclination to make judgments and decisions on a visceral basis. this is a president who trusts his gut and makes gut decisions and you wonder after the rounds of interviews whether the president doesn't have in his own mind who he wants to pick. that said, the president doesn't sit on those decisions very often. when he makes a decision we usually learn about it shortly after he makes the decision. so it could be that he is still doing some final consultations as we head into the weekend. >> sandra: what does the fight look like as far as democrats jumping in after his pick is named monday night? >> i think to a certain extent it depends who the pick is exactly what contours the fight will take. but we know that it will be a big bloody fight. i just think we're looking -- as we look forward what is about to unfoerld we're looking at a fight that will be unmoored from facts. critics and democrats of the administration will use the records however extensive they might be for whoever is chosen as a jumping off point to make attacks on the candidate. but that won't be limited. the attacks won't be limited to those actual factual records. you'll see spin. you'll see misleading arguments. you've already seen some in the case of amy coney barrett with the naacp and others going after her for something she didn't actually do. we're likely to see a lot more of the same. >> sandra: it feels so fast. the president had his list two years ago so it was coming down to the interviews which he has completed. we'll await that big announcement happening monday night, a big one indeed. meanwhile the day after the holiday, july 5, mike pompeo on his way to north korea. what do you think he hopes to accomplish there? >> that's a good question. he has two days of meetings which was longer than he had spent before. i hope that we hear more about complete verifiable, irreversible denuclearization. something the administration hasn't spent a lot of time on since the president tweeted north korea was no longer a nuclear threat. this president's public statements make it more difficult for pompeo. mike pompeo charge's charge is to sit down across the table with north korea leaders, despite what the president said we do still see you as a threat. your promises aren't good enough. we need a regime of verification so we can understand that the promises that you've made are actually being kept. it is a very difficult decision in any ways because of the 30 years of history with north korea that we have. especially difficult now with the public rhetoric coming out of the administration. >> sandra: see if he comes back with any tangible evidence of their efforts to denuclearize. steven hayes, thank you. we have much more on the supreme court pick and secretary mike pompeo's trip to north korea with ari fletcher who is joining us live at 10:30. >> the race against time continues in thailand. rescue teams fighting to save a soccer team trapped inside a cave. they are draining water from inside the cave but those efforts may be washed away as another storm is headed to the cave area. one of the other rescue possibilities having these young soccer players swim out. >> zero visibility. so it's a challenge. >> the children are aware of the cave, they know the cave and been in the cave very often. >> greg palkot live in london. when we talked yesterday we were trying to figure out what they were going to do, what the rescue plan was. do they have one yet? >> they are still trying to figure that out. it is a race against time. it is a race against water. efforts made to save the young soccer team and their coach stuck in that cave in northern thailand. the latest forecast from the weather service in the area is that heavy rain is predicted as early as saturday. there is more thinking about getting these kids out soon. that would mean them swimming possibly using scuba gear for portions of the extrications and that is very, very tricky. it seems like more and more officials are willing to take a little bit more of a risk. the water is being pumped out of the flooded cave. so far 34 million gallons have been drained. the water level in the cave is going down by a half inch an hour. but all that could be basically washed away if those new rains come in. again, the other options are drilling a tunnel to reach them or waiting until the rains and the water subside. either of those options could take months and the folks look like they don't want to do that, leland. >> so much of the decision process is based on the health of these young men inside the cave. we saw the video of them. what do we know about their condition? >> so far so good. another day of hearing about them and seeing them and it seems like they are, in fact, in good shape. they are getting a lot of attention now. seven rescue workers, navy seals and others are with them all the time at any given time being swapped out. there is food, medicine and other things they need. they are said to be chatting, joking. they want the latest news about the world cup soccer tournament and the feeling is emergency teams could get more food and supplies to them if there is the possibility they could be in there for the long haul. the real worries are the psychological effect as well. they've been down there now for 12 days in the dark. also if those waters start rising then literally their breathing space could be cut off. again, all the while the fam laoels up top waiting, hoping, praying like the rest of the world. back to you, leland. >> greg palkot in london. thanks. you think about the parents outside the cave seeing that video of their kids inside and knowing there is nothing they can do. >> sandra: efforts are ongoing to get them out and they're asking about the world cup. they are in a situation where they can be discussing that. >> i wish i had that presence of mind. >> sandra: hope for the best to them and we'll keep monitoring that situation. two people being exposed to the same nerve agent that put an ex-russian spy and his daughter in the hospital. what both incidents have in common. >> bill: a republican congregation visiting moscow before the trump/putin summit. the senator will talk about how it went and whether the upcoming summit will help improve relations. >> sandra: a climber in court. find out what happened to the woman who scaled the statue of liberty yesterday. >> turning point was we had a good rapport with her and she couldn't go any further she realized that her time was up. ♪ motorcycle revving ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected. are you in good hands? you always get the lowest price on our rooms, guaranteed? let's say it in a really low voice. carl? lowest price, guaranteed. just stick with badda book. badda boom. book now at choicehotels.com >> president trump: we could all get along that would be great. the world has to start getting along. we'll be talking about syria and ukraine and talking about many other subjects and we'll see what happens. >> sandra: that's president trump speaking about the upcoming summit with vladimir putin happening later this month. a republican delegation traveling to moscow this week ahead of the trip discussing relation with the russian foreign minister. montana senator steve daines was on that trip and joins us now. senator, thank you for coming on the program this morning. how did everything go over there? >> well, it was a productive visit. i think we have to step back and remember that there has not been a congressional delegation of the u.s. congress visiting russia in three years. this is probably the largest delegation of senators to visit russia in anybody's memory. it's the lowest it's been post cold war. we sent a strong message and direct message to the russian government. first of all, don't interfere in u.s. elections. second, respect the sovereignty of ukraine and exit crimea. work with us to bring about peace in syria instead of working against us, fourth and very importantly, russians are in violation of many parts of the nuclear arms treaty. remember that the united states and russia comprise over 80% of the nuclear weapons on the planet. that is why this relationship is important. that is why dialogue is important. we want to send that direct message to the russian leadership this past week in moscow. >> sandra: setting up a preview of possibly what is to come for the trump-putin summit. do you think this meeting set the phone -- tone for that? >> president trump knows it is important to have dialogue. president trump is going to go to helsinki a week from monday beginning a dialogue with president putin. i wouldn't set expectations too high what will come out of it but moving to reasonable dialogue. getting back to conversation, it's important. at the presidential level and congressional level and military level. >> sandra: what are your expectations for that summit? what do you want to see the president accomplish there? >> first of foremost establishing the dialogue again. important these two presidents, it's been said that the u.s./russia relationship is too big to fail as relates to the nuclear weapons. we need to put that back on the table. the russians have been violating nuclear arms treaties in terms of short and medium-range nuclear weapons. the important thing is talking. you go back to the history of helsinki. president trump is reaching out to these world leaders and having dialogue. that's good for the world and good for the united states. >> sandra: sounds like your expectations this could possibly improve relations between the two. >> there is nowhere to go but up right now in that relationship and i applaud president trump recognizing the importance of that relationship and needs to be direct as we were in confronting the russian government on so many issues that are of great importance to us and i'm certain that president trump will have a good meeting and we'll wait to see what comes out of helsinki. >> are you expecting a visit from the president in montana at a rally at 6:00 p.m. eastern time. >> yes. i'll fly from washington, d.c. out to montana. we're thrilled to have president trump to montana. the people of montana are huge fans of president trump. he will get a great welcome in great falls, montana this afternoon. >> sandra: he will be out there trying to encourage voter enthusiasm and turnout. >> montana wants to see somebody who will work with president trump. case in point this upcoming supreme court nomination. that's one of the most important votes a u.s. senator ever casts. this is a lifetime appointment on a court so important to our country. president trump is looking for another senator to work with him and i think you'll hear a strong message from the president in great falls. >> sandra: good to have you on the program this morning, sir. thank you. >> thanks for having me. >> leland: mass confusion continues at the border. volunteers and staffers together working around the clock to try and reunite families. will they meet the deadline? >> sandra: a couple in the u.k. fighting for their lives. police say they were exposed to a toxic nerve agent. is this incident linked to another one involving a russian spy? >> we see two more people exposed to the poison in the u.k. is deeply disturbing and the police i know will be leaving no stone unturned in their investigation. et in my wa? watch me. 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>> the government is working on the assumption it was connected and possibly from the same batch of nerve agent used to attempted to kill the spy and his daughter. the proximity is highly suspicious and sit a rare toxin manufactured in the soviet union and you wouldn't find it in this area. today in england and salisbury the place is being searched. six other sites the victims visited have been cordoned off including a park. the couple both in their mid-40s fell ill at a house on saturday and remain in critical condition. there was nothing in their background to suggest that they would have been targeted by the russians. initially police thought they had taken a contaminated batch of heroin or crack cocaine and released a warning to the public urging them to take precautions. now we know it's the nerve agent and a hunt to find out if any more of this toxin is out there. >> leland: terrifying to think there could be some floating around in the united kingdom. any idea how this couple came in contact with the nerve agent that made them so sick? >> we haven't heard that. they've warned people to avoid suspicious containers. they say the agent washes off quickly in the rain. four months anything exposed to the elements have disappeared. they're working on the assumption it was a container that had the poison inside it. the former russian spy and his daughter have been kept under protection by the british government since their poisoning. they are recovering well and in good condition now. this new poison will only serve as a reminder to the international community of the aggressive action of the russians just less than two weeks until president trump meets vladimir putin and no doubt that will be on the agenda. the u.s. expelled 60 russian diplomats. >> sandra: protestor getting international attention. >> leland: a source telling fox news that president trump has completed supreme court candidate interviews and we'll look at who the frontrunners are. >> president trump: i think it will go quickly. i think we'll have support from democrats frankly. i think if it's the right person, i'll pick the right person. i will pick somebody that's outstanding. my digestive system used to make me feel sluggish but now, i take metamucil every day. it traps and removes the waste that weighs me down, so i feel lighter. try metamucil, and begin to feel what lighter feels like. >> sandra: fox news alert. the protestor who scaled the statue of liberty will head to court today after an active holiday as the iconic landmark. an activist group first unfurling the abolish ice banner, and minutes later the woman started to climb the statue. refusing to come down. >> police brought us up to the location at the base where she was and that's when we started engaging in conversation. at first she wasn't friendly with us but we took our time to get a dialogue with her. she mentioned the kids in texas. i guess the whole debate that's going on right now about that. she didn't elaborate too much into it. >> sandra: julie banderas joins us in new york this morning. who is this woman? >> well, basically police have identified her as 44-year-old patricia acumu. she lives in stanton island. she is scheduled to be arraigned in federal court later this afternoon accused of being responsible for the fourth of july protest which turned out to be quite an event. a lot of people turning out for that. she told investigators she climbed up to the feet of lady liberty as you see there to protest president trump's zero tolerance policy on immigration and the separation specifically of families at the border. now once up there, getting her down was not easy after a stand-off with police it took officers three hours to convince her to turn herself in. >> first we grabbed her. she was being combative and we got her to calm down and told her we're looking to get you down safely at that point and willing to cooperate with us. >> her arraignment is scheduled for sometime after 2:00 today. >> sandra: this is not her first run-in with the law, is it? >> no. she made headlines in 2011 when she was hit for illegally posting ads for her services as a personal trainer and $4500 in fines that year after she spent five hours one sunday posting the flyers on manhattan utility poles. apparently it's illegal. in 2017 she was arrested and charged with obstruction and trespassing for her role at a demonstration. she refused to respond to police demands during that arrest and yesterday she told investigators she was part of a group protest organized by resist in new york city when they unturld the banner on liberty island less than an hour before her climb which as you mentioned earlier read abolish ice. >> sandra: unfortunate for all those just trying to enjoy their july 4th holiday yesterday and celebrate. julie, thank you. >> president trump: we're going to give you a great one. we'll announce it on monday and i think you will be very impressed. these are very talented people, brilliant people, and i think you'll really love it like justice gorsuch. we hit a home run there, and we'll hit a home run here. >> leland: president trump continuing his search for a new supreme court justice as john roberts reported one candidate on the list and getting a lot of attention is amy coney barrett. coney barrett a judge less than a year on the u.s. court of appeals. seventh circuit. has conservative credentials and written and spoken publicly about her belief that life begins at conception which could play a role in the debate over her possible confirmation hearing. next guest, the media is already touting barrett as the president's pick. howard kurtz, host of media buzz and author of media madness, trump, the press and the war over the truth. the president will cover the rumor mill and the lead-up to a scotus pick. are they trying to put their thumb on the scale or playing along with the whisper campaign? >> kind of like waiting for the white smoke when a pope is picked. the press will cover who are perceived to be the leading candidates. in the case of amy coney barrett maybe a little bit of a thumb on the scale. we have a lot of things being written about how this judge is a devout catholic, she belongs to a little-known christian group. would that affect her rulings? in fact, when she was confirmed by the senate for the appeals court in chicago there was a bit of a dust-up between senator feinstein and judge barrett about this very question would she -- who there be some sort of spillover of her personal religious beliefs and many conservative writers saying it is not fair, the press is setting up a religion test. we see the skirmish playing out before the president announced his choice. >> leland: when does the coverage flip from honest coverage about somebody's background. what they've written about for and their personal life, all things that are fair game onto what you are saying is some sort of bias or unfair picking on? >> it's a fine line. we want to know a lot about a potential next justice of the supreme court and, you know, if that person has written controversial things or been involved. we want to know their records. where have they worked and how they think. it makes sense. but the degree of coverage again even before any selection is made of amy coney barrett strikes me as the press trying to pick a fight or a fight already going on in legal circles. >> leland: a lot of discussion on democrats about the same issues you brought up and mimicking the press view of this. understandable that who the president's supreme court pick would be would be front page news and also front page stories yesterday in the "new york times" among other papers about alan dershowitz social calendar on martha's vineyard. slow news day or have we become too much obsessed with ourselves? >> a story about martha's vineyard and alan dershowitz. it's the fourth of july weekend to a degree but i think actually dershowitz, who describes himself as a liberal democrat who voted for hillary clinton but repeatedly defended president trump in the russia investigation on cable news, getting a lot of mockery for writing a column in the hill newspaper saying he is being shunned by liberals on this island and this is where he has had a home for 25 years. i think this is an important thing here. i don't think it's mccarthyism as he says but the idea that it is a microcosm of the people who so despise this president that they wouldn't even want to talk to or be at a dinner party with somebody who is an established legal titan because he happens to take a different view. >> leland: or do business with him. james wood the famed actor of conservative laention tweeting out his long-time agent emailed him and by my patriotism, the agent talking, i don't want to represent you anymore. woods took that because of how he felt politically. we're in uncharted territory if that's the way this is going. >> you kind of wonder why that wouldn't be discussed in a phone call as opposed to email made public. if the agent is, in fact, dumping his long-time client because he doesn't like he is a conservative or trump supporter, it is telling because woods is sort of retired a few months ago from acting saying as a conservative in hollywood he is having a hard time finding work. the agent not giving up much business if he is trying to score political points. >> leland: you wonder whether the agents will give up the residuals based on his conscious or not. we'll see if mr. woods lets us know about that. howie kurtz, good to see you and we'll see you on sunday on media buzz. >> sandra: breaking news this morning -- not really. joey chestnut is adjusting 74 hot dogs. he ate that number in 10 minutes yesterday at coney islands nathan's hot dog eating contest. his 11th win. tough to watch that so early in the morning. sudo ate a whopping 37 franks. i don't know, leland. >> leland: i feel every time i do these stories. we need one of those disclaimers beforehand. if you haven't had breakfast turn away. >> sandra: i want to just choke. it's a lot. >> leland: please, no, we're sorry, the video goes back up. i can't watch. >> sandra: one hot dog is good. >> leland: not for a while. moving on embattled f.b.i. agent peter strzok. the house judiciary committee wants him to testify. will he comply? plus. >> sandra: democrats take back the house -- if they take back the house in november could there be a new progressive movement in america? ari fleischer is on deck. he is today's headliner. that's coming up. during the chevy 4th of july sales event. now through july 9, get 10 to 20 percent below msrp on your favorite chevy models when you finance with gm financial. that's over ten thousand dollars on this silverado ltz. this 4th of july, discover why chevy is the most awarded and fastest growing brand the last four years overall. find new roads at your local chevy dealer. whenshe was pregnant,ter failed, in-laws were coming, a little bit of water, it really- it rocked our world. i had no idea the amount of damage that water could do. we called usaa. and they greeted me as they always do. sergeant baker, how are you? they were on it. it was unbelievable. having insurance is something everyone needs, but having usaa- now that's a privilege. we're the baker's and we're usaa members for life. usaa. get your insurance quote today. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember. >> sandra: peter strzok is in the hot seat again. house judiciary committee has subpoenaed him to testify in an open hearing in a few days. his attorney says he may not comply. >> this is not a search for truth. it is a chance for republican members of the house to praoen and posture before their most radical conspiracy-minded constituents. >> joining us andy mccarthy former u.s. attorney joins us now. what do you think? are we going to hear from him next week? >> i think probably not, sandra. this is, i think, posturing about taking the fifth amendment. he probably wants to assert his right not to testify against himself. i imagine he didn't like the way the hearing went or at least parts of it last week. it was very lengthy, 11 hours of testimony. and what i think is going on is probably the decision has been made -- i'm sure the f.b.i. is supportive of this because if he were to testify they would ask him about a number of things that he would not want to answer. he will say for investigative reasons or intelligence reasons, which will cause a lot of controversy to the f.b.i. because they will be in the position of being seen as impeding his testimony. so they are trying to lay the ground work for who to blame when he takes the fifth. some will -- his detractors will say he is worried about criminal liability and he wants to say the hearing is a bunch of political theater. >> sandra: interesting. you reference back to the 11 hours closed-door not testimony, it wasn't a hearing, conversation. but 11 hours of questioning. sounds like you are saying that's what changed everything here. he didn't like the way it was handled and he didn't like the leaks. his lawyers made that clear and they requested the transcript -- the full transcript be released and made public. maybe that's a condition for which he is saying he will sit down and testify next week. >> yeah. well, i'll believe it when i see it. he played a game since the beginning. he said he was delighted to come in and testify. voluntarily tell them all he knows and they couldn't agree on a date he would be available, right? he only came in on the threat of a subpoena in the first place. so a lot of this has been projecting a public view of cooperation while actually not cooperating and, of course, he wants to put the transcript out because the transcript as it now exists is the version of events that he wanted to give while not answering the questions he didn't want to answer. and giving all kinds of excuses why he couldn't answer them. so it's not like the story will ever get better for him. i understand completely why he wants to get the transcript out. >> sandra: what happens if he doesn't comply with the subpoena request? >> oh, he will comply. he will be held in contempt if he doesn't show up. so -- i'm sure there are people at the justice department who would be delighted to enforce that subpoena if he did not show up. so i don't think he will be so brazen as not to show up. the question is what happens when he shows up. and i think he is trying to lay the ground work to not testify and he doesn't want for his own reasons to just say i have to assert my right against self-incrimination. because then it looks like he has admitted guilt in front of the country. they're trying to spin this in a way that he doesn't want to participate in a political fraud. >> sandra: his lawyer still says he is eager to share his side of the story with the american people. we don't yet know if that will happen. but ultimately bottom line what is it that these republicans want to know from peter strzok? >> i think for sure they want to know what got this investigation started and when. one thing i think we can pretty much be confident about at this point is the investigation did not start july 31 when they formally opened it. they want to know when did it actually start, what precipitated it and what help did they get from foreign intelligence services who may have been in a position not only to help political monitoring but to do things that they're not supposed to do like monitor americans if they are in an agreement with us like the five countries are. >> sandra: we'll see where it goes. we're getting close to that date. the date is july 10th. we'll see if he complies with the subpoena. if he does and if he sits down and pleads the fifth. >> leland: the u.s. military coming up with a plan to house illegal immigrants. live to the border next with what it means for kids separated from their parents. >> sandra: also in texas heavy rains lead to some flash flooding even putting a damper on the fourth of july festivities in one part of the state. >> you hope your city doesn't flood again. i get nervous because it brings memories back from harvey. with tripadvisor, finding your perfect hotel at the lowest price... is as easy as dates, deals, done! simply enter your destination and dates... and see all the hotels for your stay! tripadvisor searches over 200 booking sites... to show you the lowest prices... so you can get the best deal on the right hotel for you. dates, deals, done! tripadvisor. visit tripadvisor.com >> sandra: houston, texas, it was heavy flooding. drivers stranded after a downpour. the city had to cancel the fourth of july celebrations. some folks needed to be rescued. others pushed their cars through the deep waters. >> rolled down their windows and get out. it was very scary, i have to admit. you yourself are concerned for your own safety, you are concerned for the safety of the children and everybody involved. and you don't know what else could be in that water, too. >> sandra: always the case. this bus was also no match for the flooding. luckily the rain is expected to taper off a bit later today. >> leland: the trump administration says they're keeping up their efforts to reunite families that were separated on our southern border. this as we learn about preparations for two military facilities to take in more migrants that are arrested. casey stiegel live from the texas border. casey, good morning. >> good to see you. we're learning new information about this, in fact. over at fort bliss, a major army post in el paso not far from us, according to an aide, construction has now begun on temporary tents, structures similar to what we have at the facility in torneo where more than 200 children are being kept. fort bliss has been identified as one of the military installations for undocumented families, we're told that about 12,000 beds will be available at fort bliss. now then in st. angelo texas there is an air force base there, that temporary shelter will be for kids. the one at fort bliss will house families. as many as 20,000 kids could be taken in at good fellow. the max capacity hhs asked the d.o.d. to be equipped for. but officials say as of right now they are expecting about 7500 kids at good fellow by the end of this month. a max capacity again, leland, of 20,000 at that air force base. >> leland: conceivably a lot of those kids are kids not reunited with their families. the trump administration says they're doing everything they can to comply with the court order. how much progress has been made? >> we should point out that not all of these kids have been separated. this facility back here, for example, 13 to 17-year-olds again more than 200 of them here and at one point only 22 of them were classified as separations. you also have children that are wandering by themselves and they are apprehended without a family unit. they are typically referred to as unaccompanied minors. the numbers are difficult to pinpoint. hhs says more than 500 kids have been reunited with their parents or a family member and that is out of the roughly 2,000 or so that were separated from their parents or family units at the border. so again, it's a little confusing. it is not all black and white. but the headline really here is the reunification process is happening and preparations are being made to house even more, leland. >> leland: casey, thanks. >> sandra: president trump working on his list of supreme court nominees. the big announcement will be coming monday night. we'll have the latest. call one today. are you in good hands? take prilosec otc and take control of heartburn. so you don't have to stash antacids here... here... or, here. kick your antacid habit with prilosec otc. one pill a day, 24 hours, zero heartburn. you always get the lowest price on our rooms, guaranteed? let's say it in a really low voice. carl? lowest price, guaranteed. just stick with badda book. badda boom. book now at choicehotels.com >> sandra: fox news alert. president trump heading into the homestretch on finding a nominee for the supreme court. welcome to a brand-new hour of "america's newsroom." i'm sandra smith on this thursday morning after the holiday. >> leland: after the holiday president trump working through the holiday on his pick. i'm leland vittert. bill has the day off. the president is four days away to name his choice to replace retiring justice anthony kennedy and he is focusing on a trio of federal judges we're told. you see them there. >> sandra: let's open it up with the a-team on "america's newsroom." alexandra smith, mary kissell, and judy miller. mary and judy also fox news contributors. i always joke you aren't the a-team if you don't have a lengthy resume to read. you're looking chipper after the holiday. this is a big moment for this presidency and country. monday night the expectation is 8:00 p.m. the announcement. expectations are building, mary. >> i don't really think the president can go wrong here. we're nitpicking over the details with the three circuit court judges but you do have three judges here that really want to adhere to the text of the constitution. some have more experience on the bench than others, amy coney barrett was just confirmed a few months ago to the federal circuit. i think that the president can't really make a mistake on this one. >> sandra: pluses and minuses to his top picks so far. >> he is building interest. he is building drama. but i think that there is a lot of pressure on him to pick a woman. and that's why even though she is the least experienced of the three top contenders, the idea that he would be tutoring the #metoo movement by picking a woman and a catholic. a woman seven children. that's very, very impressive to the president but it will be personality over pedigree. >> leland: we've seen that in other picks. the personality and how they get along. alexandra you'll be responsible for supporting whoever this pick is, whoever it is. in the same way it seems it doesn't matter who the pick is, the democrats will oppose it. >> true. like mary said we have an embarrassment of riches as conservatives looking at this list. it makes my heart very happy to see people on this list. all of them importantly follow the gorsuch model where we have people that have a confirmed record. a lot of judicial writings. a lot of people who follow in the same style as justice kennedy and that what we can see is the president is going to have a smooth sailing among republicans. in the last confirmation he was able to bring over three democrats and in the instance of judge barrett, she comes from indiana. it will put a lot of pressure on senator joe donnelly up for reelection in indiana and in a state the president won in 2016. so i think there will be more pressure this time on senators like claire mccaskill and bill nelson who voted against justice gorsuch. i don't know how many get out of jail free cards they have with their constituents this cycle. >> sandra: what could paint the picture of what's to come after the battle after the president names his pick. this is senator feinstein to amy barrett. this is in 2017. watch this. >> when you read your speeches, the conclusion one draws is that the dogma lives loudly within you. and that is of concern. >> i should disclose my prejudice here as mary elizabeth obviously -- i think democrats risk overstepping their anti-catholicism is the only acceptable discrimination in the country after asian-americans and college admissions. we have to worry about susan collins of maine where president trump has to convince her to come over the line. so much for standing on principle and sticking with the sisterhood. susan collins seems to be more worried about her reelection prospects than the idea of putting the first truly conservative woman on the high court. >> leland: we already heard out of maine a liberal group has committed to spending $5 million to counter whoever the president's pick is. it doesn't matter. and put pressure on susan collins and murcowski. how do republicans counter that? >> i think they have to talk about why it's originalism matters. why we're thankful that hillary clinton is not president. we don't want justices making up the law based on their own personal whims and preferences. again, i agree with the panelists, it is an embarrassment of riches here. i would love to see a woman on the court personally but it is susan collins he will have to focus on. he will never win over the dems. >> i think the democrats understand they won't block the nomination of anybody on this top six on the list. they can't do it. but they will use it to score political points. that's what this is all going to be about, the mid-terms. >> sandra: final thought before we move on. >> completely incoherent #resist strategy on the part of democrats. it is easy for elizabeth warren to say we'll stand against this president and any pick he chooses. someone like cory booker we have to wait until the mueller investigation is over. easy for those guys to say we'll oppose the president. it is hard for those red state senators. >> sandra: mike pompeo heading to north korea today, the day after the holiday. the effort here is going to be to somehow come back and show some sort of tangible evidence that they are working their way towards denuclearization over there. what are your expectations as mike pompeo makes this trip and what does he need to come back with to put our concerns at ease? >> i see no evidence that north korea wants to denuclearize. we've given them tangible concessions. the u.s. president meeting with kim jong-un. the guy didn't come to the table with an accounting of his wmd. there was no timeline that came out of that. there was no serious threat reduction. he didn't take troops back from the dmz. so really what have they done? the cooling tower hasn't been blown up. we have more activity there. we have a new secret facility that has been unveiled. essentially what you are seeing, judy may have a different opinion here, what i think you're seeing is kim jong-un has banked what he got from the president in singapore and that's it. that's all we'll get. >> i think pompeo has a very tough mission here. i have agree with mary. i think every indication so far suggests that kim is not interested in holding up his end of the very loose bargain that was struck. we haven't heard about cvid for a long time, right? that is not happening. pompeo has to nail down some specifics or the president will not be able to continue to assert that we're safer today than they were before he went to pyongyang. >> i think we can certainly agree it was in the interests of world peace that this meeting did happen, that we tried. i think what the trump administration is trying to do is to avoid what the obama administration did with the iran deal where we didn't have as strong of an emphasis on transparency and to boot we gave them a lump cash payment up front. i think the trump administration is looking to see complete denuclearization and also full transparency. if we don't get those things they'll walk away from the table. >> what happened to the mike pompeo who said in january that north korea said was only a few months away from holding the united states at risk is how he put it. now he says we have time for years of negotiations and potential denuclearization? this is not how it works with places like south africa or ukraine or libya. and i think it's very interesting that john bolton is letting pompeo be the one to go to the talks. pompeo the one getting out on tv. pompeo's face who is all over it, not john bolton. >> leland: we know how bolton feels about this issue. he talked about it a lot. judy, the message coming from the administration, how long does the administration allow the north koreans to keep doing the things mary and you were talking about, essentially stealing from the cookie jar while they say they go on a nuclear diet? >> stringing us along? that's why this trip is very important. >> leland: is this the red line? >> this is the third trip that pompeo has made. this will be his second meeting with kim. he has got to show something that's measurable. we've got to have a declaration by the north koreans of what they purport to have in the way of nuclear capabilities and missiles or it is going to be very apparent to everybody that this young leader is not that different from his father and his grandfather and that's a real problem for trump, who denigrated the nuclear deal with iran but i will point out that in that deal the iranians gave up a lot of uranium and dismantled a lot of facilities. there were deliverables. there is nothing here so far. >> sandra: i want to make sure the white house is saying the two men will meet to continue ongoing and important work of denuclearization and to continue to implement the forward progress made by president trump and chairman kim in singapore. that sets up for quite a meeting. >> leland: any time you sit down with kim jong-un it's quite a meeting. >> sandra: the second one for those two gentleman, right? >> don't call him a gentleman. he is a monster and we are losing leverage. china is embarrassing president trump and breaking the promises they made to the president to continue the maximum pressure campaign. >> leland: gordon chang was saying the same thing. china is allowing the sanctions to whittle away and still allowing trade with north korea that they promised not to. >> sandra: we'll leave it there. we are less than 24 hours to go until president trump's tariffs on china go into effect. beijing is ramping up rhetoric and vowing to retaliate. gas prices hit a four-year high and the president is saying opec is doing little to bring them down. is he right? we'll discuss that next. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia. i'm still giving it my best even though i live with a higher risk of stroke due to afib not caused by a heart valve problem. so if there's a better treatment than warfarin, i'm up for that. eliquis. eliquis is proven to reduce stroke risk better than warfarin. plus has significantly less major bleeding than warfarin. eliquis is fda-approved and has both. so what's next? 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you look awfully good. >> i thought you were going to tell me i look tired. >> sandra: this oil story is an important one. somebody who has covered the oil and energy markets for a long time. there are so many sides to this story. the president calling on opec to bring down prices. is that the right thing to be doing here? >> it is getting movement and some chatter definitely. you have retaliation coming from iran. opec consists of 15 nations. they pretty much negotiate petroleum policies and there has been some talk they are a cartel. that's what they are referred to. they set how much oil will be on the market and that will dictate the price of oil. right now we're seeing the price of oil climb higher. there are predictions it could climb as much as $85. right now it's $73. that will affect americans because it means companies need to spend more on the price of oil. they'll start putting up the prices. >> sandra: how much of that is the growing economy and people are driving more? >> exactly. some of the increase in oil. we can absorb it in our gas prices at the moment because the economy is doing so well. some others will say president trump is taking a stance because mid-terms are coming up and he wants to use that as an argument i kept gas prices now. >> leland: how much power really -- opec has the cartel and can decide how much they want to output or not but members opec not friends of the united states, iran, russia, venezuela just to name a couple. iran is threatening to shut down the strait of hormuz if the u.s. retailiates. >> a lot of tankers concentrate there. >> that happens oil goes up to $100. big u.s. allies, saudi arabia, canada, others. >> the excess capacity that everybody is talking about, there isn't. there is a lot of concern there is not enough stored excess capacity where they can take it and dump it on the market. >> leland: even if saudi arabia wants to help they may not be able to. >> they can move faster than russia because they're operated by a state-run company. it is one company. russia is private, segmented. you are dealing -- >> leland: kind of private. >> it's a fragmented market. it may not be as quick. russia has said just in the past few days they will increase their output. however, they say it is independent of what president trump has said. >> sandra: where do things stand with trade and tariffs and ongoing back and forth with china now? the markets are opening back up after the holiday. 45 minutes in it looks like a decent gains on the dow. >> there is lower volume people trading this week over the holidays. you'll see a lot of movement. what is happening within the next 24 hours the united states has threatened they will put 25% tariffs on roughly $34 billion of chinese goods coming into the country. china has said we'll retaliate but only after the united states goes forth with these tariffs. which is expected to be at 12:01 this evening or tomorrow morning. and given that china is 12 hours ahead they'll make their decision by mid-day tomorrow. positioning themselves as a victim now. we'll only retaliate and move once the united states hits us first. >> sandra: accusing the u.s. of opening fire on the world. >> yesterday, one of the ministers said that to a press conference. they say if anything you shoot yourself in the foot, why? american companies also are positioned in china and they are bringing their product back to the united states. so "wall street journal" did a report today and mentioned one company they do cancer detecting. there is -- chemical company. they have said that they have a station in beijing. they're building their products there but that product is being shipped to the united states. that's an example of a company that could be hurt by the tariffs even though they are american. it's a constant battle tit-for-tat but seems to be escalating to a trade war. how will it affect american companies? a lot of companies in the u.s. are in a state of flux. should they invest? will the war get bigger with canada, europe and mexico, trade war? >> leland: you point out a lot of uncertainty, markets hate uncertainty where things go. where i'm from in missouri there are big companies that laid off hundreds of people because of the reciprocal tariffs on the tariffs on mexican steel. they make nails. hundreds of people are out of work now. >> prices for steel have increased and china are going after u.s. agriculture. even soybean orders have dropped because china is now shipping some of their production to brazil and buying from brazil instead of the united states. it is already hurting farmers in the united states. and companies. >> leland: pork producer in minnesota came out saying how much these tariffs will hurt them because the chinese aren't going to buy as many hogs. >> they're going after that and dairy. >> sandra: fascinating stuff. the president tweeting this morning. we'll see where he goes on this and if the rhetoric changes at all on trade and tariffs. gas prices hopefully go back down. we'll see. be careful what you wish for, right? because going back to the economy and we've seen oil and gas prices go up as the economy has continued to grow. so -- >> leland: the economy was doing well when gas was a dollar cheaper. we only go back a year. >> maybe the president is thinking it is the best time to have the trade war, the economy can cushion it but it is dangerous in a long time. these are relationships you've had with countries for some time. >> sandra: good to have you here. >> leland: life and death is truly hanging in the balance. rescue mission continues overseas, the latest on the soccer team trapped in that flooded cave in thailand. plus liberal political strategists are mounting a multi-million effort targeting two republican senators in an effort to deny president trump his first pick to replace retiring justice anthony kennedy. the details on that effort and how republicans are fighting back. i'm alex trebek here to tell you about the colonial penn program. if you're age 50-85 and looking to buy life insurance on a fixed budget, remember the three p's. the three what? 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>> the counter punch in democrats in red states up for reelection. particularly joe donnelly in indiana who ran as a pro-life sheriff. you'll have opportunities for both parties to pick off potential opponents to what their party wants. democrats probably have two at best, maybe three but i think really two. republicans have five to 10 that they could possibly pick off. probably closer to five. three to five. both parties have opportunities here. at the end of the day unless the nominee flubs their hearing, you have to presume trump's nominee will get through on a narrow vote. >> sandra: we'll see. that's not without a big fight, right, ari? >> absolutely, it will be a big fight and that's appropriate and healthy. this is how democracy speaks and how issues get vetted and vented and people are able to make their claim. as long as it stays within reasonable bounds this is exactly how democracy works and those senators in tough states, maine for senator collins and indiana, west virginia, the democrats, the people will give those senators an indication which way they want them to go. our process works. >> leland: we have a list from john roberts a little earlier, the top three he said brett kavanaugh, kethledge and amy coney barrett. any of those you see as a potential harriet meyers pick? >> i won't play the game. when i was press secretary nothing frustrated me more than high-profile nominations because everybody can say this is the short list. no one knows unless they talk to the president. so they can talk to people close to the president and get what those people think. especially with donald trump no one will know until he says it. hairiest meyers category, no, she was so uphill from the start and i don't see that being the case for any of these nominees. every one of these nominees on that list will have a hearing and a fair fight and have their chance. >> sandra: got to talk politics with you here, ari, continue to talk politics. moving on to -- this is the dnc chair tom perez speaking on the election of ocasio-cortez, the 28-year-old socialist. here is what he has so say. >> alexandria's victory was a remarkable reminder of the depth that we have in the democratic party. she represents the future of our party. >> sandra: represents the future of our party, he says. >> i hope so. nothing would make middle america turn more republican than the prospect of socialists taking over the democratic party and democrats are celebrating it. no matter what happens in the house, republicans are going to have control by the hair of their chin or the democrats will. neither party is going to have function and control of the house after the 2018 election unless there is a huge surprise and the wave for the democrats is so massive they win by an unimaginable amount, it won't happen. or republicans hold on and keep a significant margin which i don't think will happen either. it will be close either way. the democrats have a real energy problem. the entire energy of the party now is with the most extreme far-left activists. that won't help the party win the presidential election or flip the states that are moderate. >> leland: he makes a good point in terms of where the party is moving vis-a-vis the democrats. important in the primary race especially there where ocasio-cortez won. some are comparing this socialist moves to the tea party in 2010. that said the country in 2018 versus the country in 2010 is very different places. >> well, the only thing that's similar is the energy. there was grassroots energy on the republican party called the tea party and a tremendous burst of energy on the democratic side with a socialist ring. the difference is socialism is not popular, conservativeism is. republicans had the biggest win in the house in 72 years in 2010 and repeated in 2014 when republicans took the senate. the fourth biggest win over the last 100 years. that's not going to happen here in 2018. so that is the biggest difference. the mood of the country swung far, far conservative tea party in 2010 and 2014. you won't see that kind of swing in 2018. you will see some elements but i also predict republicans will gain seats in the senate, not lose. they'll lose seats in the house. gain seats in the senate. far cry from what happened in barack obama's mid-terms when republicans swept. >> sandra: fascinating stuff. we'll probably hear more from the president on that. up next mike pompeo's big trip to north korea to meet with kim jong-un. you and i have talked at length about this and this is the second meeting between these two. and mike pompeo is going over there with a big job to do. bring home some sort of evidence that north korea is living up to its promise to the president and working towards denuclearization. does he get any tangible evidence of that? >> i doubt it. i've been in the cynic's corner at the start because of north korea's lies and bad behavior in the fast. the one thing that donald trump is doing right is not giving them anything until they denuclearize. that's the appropriate lesson from his three predecessors. we gave them and north korea didn't give us anything in return. donald trump has the sequence of the goodies right. at the end of the day north korea wants nothing more than to have nuclear weapons. why would they give them up? the only reason to give them up if they have genuinely changed philosophy and want to become an economic success story. i don't see that as interest of the family that rules north korea. they don't care about their people or economic success. they want to be a nuclear power. >> leland: in terms of what the united states has given to the north koreans. gordon chang says there have been cookies the north koreans have gotten. suspension of the u.s. military exercises with south korea. he says that the united states is turning a blind eye to the chinese taking their boot off the neck when it comes to sanctions. the north koreans have opened up new companies and the u.s. is not imposing sanctions on them. he really seems to feel as though the north koreans have gotten allot but still being allowed to eat at the nuclear cookie jar and missile research jar while they're saying gee, we'll give all this stuff up. >> i think the point about exercises is very well taken, military exercise. i think it was a mistake for us to not have the joint exercises with south korea. sends appropriate deterrent signals and they're military important so we can have readiness. the others i do credit president trump with the sanctions. he has ratcheted up sanctions on north korea and he needs to keep his foot on that gas pedal. during this stage where we are trying to make nice and talking with them the only way they will modify their behavior is they realize the sanctions are biting and for real and they aren't going away unless they change. so i'm for even more maximum sanctions during this process. >> sandra: meanwhile the president said in a tweet this week many good conversations are being had with north korea. meantime no rocket launches, nuclear testing in eight months. all of asia is thrilled. only the opposition party, which includes the fake news, is complaining. if not for me we would now be at war the north korea. the president seems pleased with the progress they're making. >> yeah. that's another reason i've been cynical about it. once you go down the diplomatic paths there is such a desire to conclude with a big event, a big peace ceremony and signing even if it's not real because you look good. that glamour and glitz has attracted many a prior politician to it. i hope donald trump is different when it comes to that. one of the things i've always said to you about this is it won't be the initial summit meeting that is the important event. it will be what happens the weeks, months and years that follow. that remains true. is north korea actually coming up with a list of all its illegal nuclear activities? yes or no? that's how you start to denuclearize. it is up to them to show the list and let inspectors in. none of those things have happened yet. they could happen over the next who knows how long months but why the next steps are the most important. >> sandra: also part of mike pompeo's trip will be to consult and reassure our allies in the region. bring some confidence there after the president declared the world a safer place following that summit. we'll continue watching all of that. great to have you on the program this morning. >> thank you, guys. >> sandra: it is better to be safe than sorry. the nfl star's message. he is sharing a horrific photo of his injuries from fireworks reminding people to be safe. also peter strzok could be coming to capitol hill next week. what does america want to hear from him? our a-team joins us to break it all down. ♪ motorcycle revving ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected. are you in good hands? >> sandra: peter strzok may soon step out of the shadows. the house judiciary committee has subpoenaed him to testify in an open hearing. the day is set. july 10th. his attorney now saying he may not comply. what does america want to hear from peter strzok? our a-team is back. alexandra smith, mary kissell and judy miller. one viewer said what do we want to hear? the truth. will we see him sit down and answer questions before congress next week? >> i'm not sure we will. he will have to testify somewhere sometime. that will be up to him and his lawyer. he have is a lawyer. therefore, whether or not you'll hear the truth, we hope. i think there is a great deal at stake for him. you are talking about one of the most senior justice department officials who is out of the department. so he has got to protect himself. i don't think you are going to hear anything from him that endangers him because we still have an open investigation of what he was doing with respect to the russian investigation. >> sandra: this is a guy who he stepped up and said i am willing to testify. he volunteered. so then he sat down for 11 hours behind closed doors with members of congress and now that we see a completely different situation, his lawyer says, you know, show us the transcript otherwise we don't know if we are complying with this subpoena request. >> not exactly your model g-man who is supposed to stands up for truth, justice and the american way. there are a lot of very hard questions that peter strzok is probably going to have a hard time answering. first of all, why was hillary clinton given special treatment? why was the russia investigation prioritized over the clinton investigation? what about all of those emails? why the obstructionism from the f.b.i.? how was an american citizen surveilled on the basis of a report that was commissioned by the other political campaign? these are tough questions to answer and frankly i bet peter strzok doesn't want to answer them because it could get him into legal trouble. >> i think peter strzok is at a risk of incriminating himself which is now he is backtracking saying he won't answer these questions. i think this is disturbing. when you look at the text messages that he sent prior to the election, when he said he was going to stop donald trump from being president, you know, i think that we deserve to know as americans whether or not it was just an abstract notion of his, something to impress his girlfriend with or if he was acting in an official capacity to actually stop donald trump from being president. i think that these official communications that were sent on government devices really calls into question the objectist of what was going on at the f.b.i. and it certainly doesn't take away from the great service of other f.b.i. agents and the department itself. this seems to be a bad actor we need to know the truth about. >> sandra: we can ask questions all day whether he will comply? >> the horowitz report concluded even though there were individuals who may have been biased and were biased, there was no bias in terms of the determination to prosecute or not prosecute hillary clinton. there is an open question about the russia investigation and whether or not peter strzok played a role, a major role in getting that going. because that did effect, i think, the outcome of the election. >> i may respectfully disagree with my friend and colleague judy miller here. i read through the horowitz report. he didn't sign the statement saying we are biased against donald trump but i'm sorry, over 500 pages you read through the whole thing and clearly they were. look, there is clearly a rot at the top of the f.b.i. and i go back again to this russia investigation. the idea that you had a report commissioned by a political campaign, taken to the fisa court and used to gain a warrant to spy on an american citizen. this is not a partisan issue. republicans and democrats should want to get to the bottom of this. i personally think it is important. peter strzok will not come out and tell the truth and that the f.b.i. has closed ranks around him, including christopher wray refusing to give congress the information that they need to exercise their oversight duties. >> sandra: we know in that 11-hour closed door session he was asked a lot of questions but his lawyer stepped in and stopped him from answering a lot of those questions and his lawyer goldman is responding to the criticism by president trump and others by accusing the president of desperate to undermine mueller's probe were his words and viciously attacking pete for playing by the rules, judy. >> i'm not shaourg sure he was playing by the rules unless you consider political pillow talk part of the rules of the game. the question i have among him about every other is when did he work. in between the texts, when did the work of the justice department and f.b.i. get done? >> leland: the only reason we know about all these texts between strzok and page is they were using government devices. why were they using government devices sm they didn't want their significant others to know about their affair. >> the american people, okay. not the people they're married to. i think the truth will come out. we will know eventually what peter strzok's role in all of this was. the question is does he also at this point get due process? and i think that's why you see the hesitancy to testify because i bet that closed-door testimony did not go well. >> leland: a couple of republicans came out of those hearings and briefed the media saying he was smug and arrogant and dismissive. any reason he couldn't just take the fifth? >> he could. the lawyer probably doesn't want him to testify because he knows the guy's character and doesn't want the american people seeing that on national television. separate and aside from the fact he might have answers that may incriminate himself. but again there is a rot at the top of the justice department and the f.b.i. and we do not have leadership at either place that is helping us get to the bottom of it. personally i would like to see president trump declassify all these things and get it all out to the american public. let's be done with it and let everybody read everything. the president has the power to do that. >> these are republican appointees, christopher wray. these are the president's people. how can you complain about this? >> the president has fired people in the past. >> fair point. >> sandra: our a-team. thank you very much. good to have you all this morning. >> leland: thank you. new privacy concerns coming out as researchers say that get this, some cell phone applications could be snooping on you. >> sandra: shocker. >> leland: the dark side of fireworks. they do exist as a football stars shares pictures of his gruesome injuries. we have both stories coming up. build attendance for an event. help people find their way. fastsigns designed new directional signage. and got them back on track. get started at fastsigns.com. >> sandra: all right, get this. your phone is spying on you, big surprise. researchers claiming that some mobile apps are secretly recording your screen and then sharing that information with third parties. that's according to a study conducted by computer scientists at northeastern university in boston. our 24/7 crew are nodding as if they knew this. bret, you seem to have the most animated reaction to this story. >> it's true. our phones are always spying on us. they have gps and mapping software. the map finds you the same way. >> sandra: if you turn those off am i safe? >> they will still follow you around. it is two-fold. the data they're collecting is how people are using the apps. where they're going. what they are looking for so developers can make the apps better. this isn't necessarily nefarious. the problem that we're seeing with this is what other information is on the screen when they are taking screen grabs of you using the app. the same way facebook can say people hover with their mouse and click over here. they have the analytical data to make things better but what else are they capturing along the way that's going to the third parties? what are the third parties doing with the data and what if they get your screen grab and address? >> everybody reads the privacy policies. >> sandra: right. >> people don't know this is happening because it is either not mentioned in their privacy policy or it is buried so far down. you are right. people don't read those things anyway and something that came up during the facebook when mark zuckerberg testified an capitol hill senator kennedy said your user agreement sucks. it has to be easier for users. >> sandra: we love senator kennedy for his colorful language. there is an instagram post by an nfler who had a bad incident with fireworks. >> jason pierre paul, a superstar defensive end from the new york giants was shooting off fireworks and toward the end of the night he tried lighting one and a horrible explosion and blew off part of his right hand. he went through 10 surgeries. in the hospital for 2 1/2 weeks, came back and played foot ball. on july 3 this year he sent out an instagram post with gruesome images. >> sandra: he said please don't feel sorry for me, trust me, your boy is fine even with missing fingers, lol. be safe out there, otherwise this can be you. >> he said i carry myself differently now and look at things differently. he was traded from the giants and became a member of the tampa bay buccaneers. this morning somebody showed it to me in our newsroom and a took a look and you don't want to see it but it's the same thing as the commercials. if i have to see someone cough up a trachea anti-smoking ads. it's important. >> his openness should be commended because i remember when he did this. >> sandra: we have to leave it there. four days away from the president's pick for the supreme court. we will have an update and a who's who. ...that supports your natural sleep cycle... ...so you can seize the morning. new! zzzquil pure zzzs. with tripadvisor, finding your perfect hotel at the lowest price... is as easy as dates, deals, done! simply enter your destination and dates... and see all the hotels for your stay! tripadvisor searches over 200 booking sites... to show you the lowest prices... so you can get the best deal on the right hotel for you. dates, deals, done! tripadvisor. visit tripadvisor.com you might or joints.hing for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. ♪ motorcycle revving ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected. are you in good hands? >> sandra: a fox news alert the interviews are over, the short list is getting shorter and very soon the president will announce his nominee for the supreme court. welcome to a brand-new hour of "america's newsroom." i'm sandra smith. >> leland: great to be with you at home. thanks for sticking with us hour three. i'm leland vittert in for bill hemmer. a source saying the president has completed interviews with six candidates and monday we'll learn his pick. some of the faces there on the short list on your screen. john roberts at the white house. john, great reporting here. where are we on the president's list? >> good morning to you. what we understand is that there are a number of phone calls that are going to be made over the next few hours that could help narrow it down to a final choice. the president we know had a conversation with six judges, seven conversations in all because one judge he talked to twice and he is now unofficially completed the interview process. though he still has the decision making process and will likely take the next few hours and days ahead to make sure he has it straight who he wants. we're told that judge raymond kethledge's stock is rising, appointed in 2008 by president bush. 51 years old. so he could potentially sit on the bench for three decades or more. he is a district constitutionalist. unlike many supreme court justices who went to harvard or yale he went to the university of michigan. some people think his judicial record is light but he looks to be reliable conservative as a judge. also in the running is kavanaugh, who may be the frontrunner. he is mostly in the mold of judge gorsuch compared to the others. some conservative groups have been engaged in a whispering campaign to try to torpedo his nomination because of a opinion he wrote in 2011 obamacare case believing he wrote a roadmap to save obamacare. others say it's unfair. he said it was unprecedented and unlawful but the court didn't have the jurisdiction to hear that case. he is high in the running. judge amy coney barrett is still in the running though her stock has dropped a little bit. she is drawing a tremendous amount of fire from democrats who fear that she could be a justice who would overturn roe versus wade. i'm told the president would like to appoint a woman. nominating her would put a lot of pressure on democrats like joe manchin, joe donnelly and heidi heitkamp to vote for the first woman since sandra day o'connor to be nominated by a republican president. on the topic of utah senator mike lee who told everyone tuesday morning he had been contacted by the president and interviewed for the position. we're told the president reached out to mike lee to get his take on who he thought the president should put on the supreme court and it wasn't a job interview and he is not under consideration for a position on the high court. let's go back to it and summarize. strongest forces in the race now in order would be brett kavanaugh one, raymond kethledge number two and amy coney barrett number three. the president still we're told has not made up his mind. he has a good idea he wants to put on the court. those names might move around a little bit. what the white house likes to do in a situation like this is get the names out there and see how they are punched around and see what opposition they would get. i'm told the most opposition would be to judge barrett. so maybe kavanaugh number one at this point. >> leland: howie kurtz was talking about opposition to barrett not only politically but in some of the newspapers as well reporting by "the new york times" there. john roberts, north lawn of the white house. thank you. >> sandra: the deadline to reunite the youngest migrant children with their families now less than a week away and the department in charge is a division of the health and human services agency but there are reports of mass confusion surrounding this process. joining us now is alex aczar the health and human services secretary. thank you for your time this morning. there does seem to be confusion on this matter. what can you tell us this morning to clear some of that up? >> thank you. first off there is absolutely no confusion on our part. we have the kids and we are working to comply with the court's order and what that involves. this is something we do. we've done this for years and years is dealing with children who are separated from their parents as part of illegal immigration into the united states. and so what do we have to do? we have to confirm that the people claiming to be their parents are actually their parents. we also have to confirm that the parents are suitable for the children to be placed back with. that's what we do. now we're operating at this point under an artificial deadline set by the court to make that happen and we will do the best we can to ensure child welfare consistent with the court's order. we'll comply with the court's order. instructions are clear, path is clear, we're executing against it. there is no confusion whatsoever. >> sandra: thank you, mr. secretary. you say we have the kids. how many children that have been separated from their parents do you currently have in your custody? >> we have about 11,800 children who are not with their parents. we are the department that deals with separated children and we have dealt with over the last several years hundreds of thousands of children who have left their parents or whose parents have sent them illegally into this country and they come into our custody and we deal with the children who are here, came with purported parents and were detained by immigration authorities for illegally crossing the border and have come into our custody and those are the people that we are now working to comply with the court's order to reunify with their parents into the department of homeland security's custody. >> sandra: since this process began, mr. secretary, how many children have you reunited with their families? >> so of course we historically do not reunite children into the care of the department of homeland security. why is that? because we operate under a court order that requires that forbids the department of homeland security from holding family units together for longer than 20 days. if you can believe it, there is a court order saying that you can't keep a family together for more than 20 days. you would have to separate the children and give them to us. so historically we don't focus on reunifying them. we now have a conflicting court order more recent saying send the kids back and reunify them into the department of homeland security's custody. that just came out a week ago tuesday. we have to confirm that these are, in fact, their parents and we have to confirm that they are appropriate people to be having custody of these children. let me give you an example that i just learned about this morning. on these children that we have that are age 0 to 4, two of those children's purported parents have been charged with or convicted of rape and kidnapping, child abuse, and narcotics violations. we are supporting child welfare and working to protect these kids. it may seem easy, why don't you send these kids back the ice and reunify these families. we have a vital and historic mission here to protect these children to make sure they're in fact their parents and make sure it is a safe environment that we place them back into and we use every minute of time the court gives us against its deadline to assure that mission of child welfare and support for these kids is fulfilled. >> sandra: you reference the deadline as artificial. i don't know what that means with you being able to meet the deadline. are you confident that every child will be accounted for? >> every child is accounted for. we know every child, where they are. we know the record the last time every child had their fingernails clipped. we have comprehensive records on each child in our care and custody. we will work with the court and doing so today and support from the court to allow us to do our job to ensure that in fact these are parents of the children. and ensure that they are suitable individuals to go back to these parents for. we're doing dna testing on everybody who claims to be the parent of one of our children to confirm that. we check birth certificates. we have contractors out to ice facilities to sit with the parents to get information to prove suitability and parentage of them to work through the process. what we care about is the kids' welfare. >> sandra: it is a huge process and i know you're trying to detail the resources you've added to make this happen with that deadline quickly approaching. mr. secretary, thank you for your time this morning and thank you for trying to update us and clear up some of the confusion that reportedly is out there. we appreciate it. >> thank you so much. >> sandra: thank you. >> leland: and a fox news alert as crews in thailand are racing the clock. but also the weather to rescue 12 boys and their soccer coach from a flooded cave where they have been trapped underground for nearly two weeks and more rain is in the forecast for this weekend. greg palkot live in london with the options and the status update. hi, greg. >> that's right, leland. it's a race against a lot of different factors to save these young boys and their adult minder stuck in a cave maybe 2 1/2 miles down under the ground. yes, rain is predicted, maybe as early as this weekend, and that is getting people to think about what was thought to be impossible just a couple days ago, having the boys swim and possibly use scuba gear for portions of the way out to extricate them as soon as possible. all told that could be a six-hour trek and swim. that's tricky for even the most skillful divers and cave goers let alone a bunch of kids. what is being done right now, the water is being pumped out of the cave as fast as possible. 34 million gallons it is reported has been drained. the water level down about 30 to 40% but still filling up certain gaps despite, in fact, some mishaps. one team started pumping water back into the cave. the other options include drilling down from the side of the mountain or wait it out months before the rain stops. overall the 12 boys are said to be in good condition along with their coach but conflicting and complicating matters, two are said to be in a malnutrition state because of the lack of food. that could make things difficult to get them all out fast and soon. back to you, leland. >> leland: we know they are trying to bring in food as fast as they can. greg, nice to see you. as desperate as this situation is you had greg's earlier report a lot of kids were met by the rescue divers. one questions, what is going on in the world cup? priorities of a 12-year-old. >> sandra: an incredible situation. we wish the best important the kids and rescue efforts. from one dramatic rescue to another crews working to save passengers hanging off a sinking ferry. how their story ended. >> leland: secretary of state pompeo hours away from landing in north korea. he is in the air now. how can he make sure kim jong-un abides by his agreement to denuclearize. >> sandra: president boost telling our allies to contribute more. >> president trump: we will make nato and the nato alliance stronger. we need fairness, some countries pay and some countries work and some countries are loyal and terrific and other countries aren't. we just can't have that. i'm in the kitchen. i need my blood sugar to stay in control. i need to shave my a1c. weekends are my time. i need an insulin that fits my schedule. ♪ tresiba® ready ♪ (announcer) tresiba® is used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar, which may cause dizziness, sweating, confusion, and headache. check your blood sugar. low blood sugar can be serious and may be life-threatening. injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions. taking tzds with insulins, like tresiba®, may cause serious side effects like heart failure. your insulin dose shouldn't be changed without asking your prescriber. get medical help right away if you have trouble breathing, fast heartbeat, extreme drowsiness, swelling of your face, tongue or throat, dizziness, or confusion. ask your health care provider if you're tresiba® ready. covered by most insurance and medicare plans. ♪ tresiba® ready ♪ >> leland: welcome back. high drama on the high seas. crews have rescued most of the 139 passengers stranded overnight on board a sinking ferry off of indonesia. people coming off the boat and swimming to shore. we're told at least 29 people didn't make it. the dead include children. three more passengers are missing at this point so the number of those who died could go higher. the ferry started sinking tuesday afternoon and the captain in a desperate move to save lives tried to steer the boat toward shore. he then grounded it as you can see a little less than a mile. >> the united states puts over 4 1/2 percent of the gdp into nato and wants other countries to step up. they a commitment to meet the 2% threshold. >> sandra: the white house demanding our nato allies ramp up defense spending. the criticism comes as tensions grow between president trump and german changeler angela merkel as germany's military spending falls short of the 2% target. thank you very much for your time this morning. what do you make of these tensions that seem to be rising ahead of the president's visit there next week. >> well, sandra, actually i've seen the better. i'm a member of the nato parliamentary assembly in brussels in february and i saw 29 delegations i've never seen such cooperation and so i believe what the president trump is doing is being successful. he is causing the other countries to increase their defense spending to promote peace through strength. >> sandra: congressman, he is putting out a warning to those countries, including germany. what if they don't respond? >> well, i believe they will because they know -- and i tell you who is really unifying. vladimir putin. his aggression in ukraine killing 10,000 people, his aggression in the republic of -- europe is responding. we can see this with nato. last year nato troops were sent to estonia, latvia, lithuania and american troops were sent to poland. they really want to make this a permanent placement of american troops to stop aggression by russia. >> sandra: are there concerns from your colleagues that this hard line approach by the president could backfire? >> actually not. people are really reassured that we have a president -- we've had other presidents say our allies should participate more fully but now we have the president donald trump promises made and promises kept. it was just a year ago, sandra, that people should look on july 6th last year the president gave a remarkable speak in warsaw reassuring our articles about article 5 working together to promote the strongest national defense for mutual defense. >> sandra: you go back to the president's america first message and you go back to the promises he made on the campaign trail and when elected into office and this is what he said he was going to do. he has been adamant about this from go. congressman. >> yes. he has. i thought you would play a clip. it's amazing. a president who says things and follows through and keeps his promises. >> sandra: it will be fascinating to watch. just ahead of that meeting next week, you just wonder if it is going to be contentious as we look back at recent meetings with world leaders on this front and how this will all shape up next week and how you think they'll respond to our president. >> it may be contentious for one thing. we have a president standing up for the american people and beneficial to europe. the reason eastern europe and central europe are liberated is because of ronald reagan standing up for peace through strength. now we have a president who is standing up for peace through strength. this is just so reassuring and it is just -- it is heartwarming to me as a veteran myself as a dad of four sons who served overseas in the military, for a military family, this is so reassuring we have a president who is following through. >> sandra: appreciate your time this morning, sir. thank you, congressman joe wilson. >> my honor to be with you. >> leland: charges against congressman jim sgror -- jordan that he knew about -- how he is responding and how it could impact his potential bid to become speaker. >> sandra: new evacuations as a fast-moving fire is moving through colorado. >> it's scary. didn't have a chance to take anything. the police said sorry. when we were dating, we used to get excited about things like concert tickets or a new snowboard. matt: whoo! whoo! jen: but that all changed when we bought a house. matt: voilà! jen: matt started turning into his dad. matt: mm. that's some good mulch. ♪ i'm awake. but it was pretty nifty when jen showed me how easy it was to protect our home and auto with progressive. 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>> that's a great question. we know that a number of his teammates have said this wrestler, they talked about it openly back in the day that this doctor was odd and had peculiar behavior. the timing of it coming out now is not clear whether it may be timed to jordan's political ambitions or if it's coincidental after we've seen others. >> sandra: secretary of state mike pompeo heading to north korea, can he make sure kim jong-un can be trusted to dismantle his nuclear arsenal? >> leland: why the senate intelligence committee is breaking with the house when it comes to the russia investigation. what it now believes happened in the 2016 presidential election. ♪ a hotel can make or break a trip. and at expedia, we don't think you should be rushed into booking one. that's why we created expedia's add-on advantage. now after booking your flight, you unlock discounts on select hotels right until the day you leave. ♪ add-on advantage. discounted hotel rates when you add on to your trip. only when you book with expedia. when did you see the sign? when i needed to create a better visitor experience. improve our workflow. attract new customers. that's when fastsigns recommended fleet graphics. yeah! now business is rolling in. get started at fastsigns.com. >> leland: fox news alert. secretary mike pompeo lands in north korea in a couple hours. his third trip coming amid big questions about kim jong-un commitment to denuclearization after satellite pictures seem to look at expanding. you have to hand it to the north koreans. they promise to denuclearize and they're expanding their nuclear facilities and missile production. >> more broadly, the president's critics can't have it both ways here. on the one hand they called him a war monger last fall for ratcheting up pressure and getting us to the table. now we're at the table and it will be an incremental process and you can't turn around and beat him up for entering into the process at the same time. this is secretary pompeo's third trip. i do expect he will reinforce the message that look, to both north korea and china if you achieve this program, it will mean your destruction. they believe it will mean their survival. we need to reinforce it's their destruction. the credible military force must remain on the table. >> leland: how do you do that when you ended military exercises, allowing china to cheat on sanctions and the north koreans haven't done anything to show good faith, nothing. >> well, leland, to be fair we've suspended one -- one military exercise while there are a number of other exercises going on. command post exercises, maneuvers offshore. maneuvers with the south koreans. >> leland: you can't deny it was a big give to the north koreans and we haven't really gotten anything in return. >> well, in fairness we've gotten a suspension of his testing program for the last eight months. i don't think that's accurate to say we've got nothing in return. at the same time, what we haven't had in the past i was close to the six-party talks when i served with vice president cheney and we saw a ratcheting back of sanctions when we got incremental concessions from the north koreans. the main thing that the sanctions stay in place but we continue -- we continue to enforce them across the board. i think that's exactly what you will see president trump do. >> leland: so far we haven't seen any new sanctions ratchet up. gordon chang says china has taken their boot off the neck of the north koreans post summit and allowed a lot more trade. this from the state department about pompeo's trip. he will continue consultations and implement the forward progress made by president trump and chairman kim in singapore. it doesn't sound like they think that pompeo is going to walk out of there and kim will suddenly hand over all his nukes. >> two things, leland. one, we do have to keep the sanctions in place. i agree with gordon chang, we have to keep the pressure on the chinese to keep those sanctions and keep the foot on the north koreans neck. at the end of the day -- >> leland: when you listen to the president's rhetoric saying we're having great conversations and everything is wonderful and we would be at war if it wasn't for me, that doesn't really sound like i'm keeping my boot on your neck. he has tougher words about trudeau and canada than he does kim jong-un. >> we have to look at what we're actually doing versus the rhetoric. the president is clearly trying to establish a relationship so we can move a process forward. and i'm okay with that. at the same time, we have a robust military presence, not a single sanction has been lifted, and we do have to keep the pressure in place, which i think john bolton is going to do and i think mike pompeo is going to do. that said, i don't think for a second that north korean missile engineers have stopped working towards a full program and that's why the message has to be clear that it will mean your destruction. we will take military action. what i loved about how the president approached the summit was he made it clear that he would walk away if we didn't quickly move down a process here and i think he has to be willing to walk away from this entire process. >> leland: you just said quickly walk away. how many more visits does secretary pompeo make to north korea until either one of two things happen, the north actually does something and gives up some of its nuclear program or we walk away? how long? >> well, i think that's for the administration to determine. >> leland: what in your mind what's your red line? >> he needs to walk away from this meeting with a very concrete timeline, verification and inspection regime. if he doesn't then we keep ratcheting up the sanctions, but it is going to be critical to keep the japanese, the south koreans, and the chinese on the same page with those sanctions. that's why i think you are going to see secretary pompeo traveling the region after this meeting. publicly we know he is going to tokyo and hanoi to keep the maximum pressure going. >> michael, thanks. we have to run. >> sandra: fallout from the senate intel committee report on the russia investigation which called findings that russia meddled in the 2016 election to help president trump accurate and on point. catherine herridge is live in washington this morning. >> thank you, good morning. the senate intelligence committee released an unclassified report backing up the 2017 intelligence assessment that found russia wanted to damage hillary clinton and over time the russian government developed a preference for donald trump. when the report was released in 2017 there was some daylight between the nsa, then led by mike rodgers, the f.b.i. led by james comey and the c.i.a. then led by director john brennan over the key findings. the differences were not politically motivated but analytic differences. it was more sophisticated and widespread than previously reported including the use of so-called troll farms designed to manipulate social media. the report says the committee's investigation exposed a far more great russia effort to interfere with the 2016 election. a former senior government cybersecurity officer said the russian objective remains undermining confidence in the u.s. electoral process. >> you realized that the voting machines, while vulnerable, were not the most likely vector for any russian activity. nor was changing the outcome of the election the most likely goal. undermining confidence in the electoral process and disrupting it were the more likely goals. >> 21 states boards of election were targeted during the 2016 election cycle. a small number of states the hackers were in a position to alter or delete voter registration data but not manipulate the votes themselves. >> sandra: thank you. >> leland: showdown at the statue of liberty playing out on live television. how police got this protestor off the statue of lady liberty on july 4th and what happens to her next? >> sandra: democrats eyeing 2020 take aim at president trump but is slamming the commander-in-chief a winning strategy? >> years from now people are going to look at us and say where were you during that inflection moment? our response is going to be what we did, that we spoke out and we marched, we shouted. g ♪ ♪motorcycle revving ♪ motorcycle revving ♪ no matter who rides point, ♪ there are over 10,000 allstate agents riding sweep. ♪♪ and just like tyrone taylor, they know what it takes to help keep you protected. are you in good hands? >> sandra: the protestor who climbed onto the statue of liberty is due in court this afternoon. she is 44-year-old patricia akumu. protesting the president's zero tolerance policy and the family separations. police getting her down after a three-hour-long stand-off which involved some ropes, multiple police officer. >> leland: this put a lot of police officers' lives on the line. they had to climb up there and no hand holds. >> sandra: and having to shut down lady liberty on the fourth of july sending a lot of families away from there when they were there trying to celebrate. >> leland: they were indeed. democratic lawmakers ramping up the rhetoric in attacks against president trump over the separations of families at the border as some fear the president's new pick for the supreme court could lead to overturning roe versus wade. california senator kamala harris tweeting people will ask us where they were in the moment. we don't want the answer to be how we felt but what we did. kristin gillibrand tweeting i know how hard things feel now. we faced challenges before and have overcome them. we keep fighting for justice. if you stay united we will win. if you do the work and keep believing we'll win. editor and chief of the daily caller foundation chris bedford and doug schoen. you can almost see them as being a speech. >> they're wrong on the merits and wrong politically and injurious to america. the democrats have always been a center left party that believes in compromise and conciliation. capitalism with a social safety net. the party now given the victory of ocasio-cortez in the bronx indicates the party is moving to democratic socialism that tom perez said is the future of the party. i couldn't disagree more. it will hurt the party this november and hurt in 2020, and i despair that the party is now embracing policies like medicare for all, jobs for all and most of all eliminating ice which i think is profoundly misguided and wrong headed. >> leland: he said abolish ice, the fight the president said he relishes, other republicans have said they hope democrats keep that up. broader sense is abolish ice a metaphor for other things and policies that doug talked about and republicans would love that fight >> you have kristin gillibrand who originally ran for office as an anti-amnesty local police to enforce immigration laws and absolutely no way toward amnesty, stronger border. she is now saying it's the worst thing in the world and running open borders person and you have elizabeth warren from massachusetts, a wealthy woman going on a 24 hour hunger strike for immigrants at the border. that's what you do before you get blood work not coming across as authentic. they will have a couple issues running against trump in the next election. he succeeded and delivered on his economic message. deregulated. tax code. that's good. as marco rubio learned in the primaries you can't out trump trump. >> leland: marco rubio talked about that and the hill quoting a democratic strategist thing they're trying to out trump trump. the last rally cry is over the supreme court. >> there is so much at stake. this is a fight that is born out of love of country and we won't let anyone take our flag. >> don't tell me this battle is one that is already lost. i do not believe that. >> what's at stake? the future of america is at stake. let me be clear to all of you and let me be clear to america, we are down in this fight but we are not out. >> leland: noteworthy two things. that list of people in that harris, booker, warren, all possible presidential candidates also worthy to note that the president hasn't even made his pick of who the supreme court nominee will be. they don't know what they are fighting against but by god they're fighting. >> well, that was what i was going to say and what i think, leland. let's wait and see who the nominee is. let's question him or her carefully. and then make a principled judgment. i mean, you know, this is supposed to be a supreme court judge from what i've seen we have a variety of possible nominees with a variety of different social, economic, political and judicial perspective. let's wait and see. i'm a moderate. i would like to see a more moderate judge selected but i don't think you start a fight before you know what you are fighting about and this all again is harmful, i think, to the party especially with up to perhaps three or four democrats potentially supporting a nominee of donald trump, who is more in the mold of a moderate conservative. >> leland: chris, last 15 seconds. >> the democratic party after hillary clinton was defeated said they would moderate and try to reach out to more rural working class voters like they have in the past. we aren't seeing that. the future of america is more abortion? i don't know what warren is running on here. it won't ring well from the states trump won in his election. >> leland: thanks guys, see you soon. >> sandra: 10 minutes away from the top of the hour. melissa and lisa have what's coming up on "outnumbered." >> the president's finished interviewing nominees. who may be falling on the short list. the latest. >> plus the f.b.i. agent who sent all those anti-trump text messages may defy a house subpoena. peter strzok's attorney says lawmakers are grandstanding for political purposes. will congress hold him in contempt if he doesn't show? >> all that and more. "outnumbered" at the top of the hour. >> sandra: british police investigating a case of poisoning by a nerve agent after a couple exposed to a deadly toxin are hospitalized in critical condition. how it's similar to one four months ago when a former russian spy and his daughter fell ill. >> leland: a case of poisoning by a deadly nerve agent happening again in great britain. a couple is in salisbury hospital after being exposed to a military grade toxin produced by the soviet union during the cold war. it is the same toxin that nearly killed a former russian intelligence officer and his daughter four months ago. >> two more people exposed to the nerve agent in the u.k. is deeply disturbing and the police i know will be leaving no stone unturned in their investigation in relation to what has happened. >> leland: both incidents happening within eight miles of each other. they don't believe this couple poisoned now was ever the target. >> sandra: wildfires spreading fast across the drought-stricken west. multiple fires burning in colorado, utah, california with hot weather fueling the flames. mary anne rafferty is following story live from los angeles this morning. >> good morning. at least 60 fires are burning throughout communities in the west with firefighters in one state saying they don't stand a chance containing the flames with a forecast of hot, dry and windy conditions. in colorado the lake christine fire near aspen has grown 10 times in size from 300 acres to 3,000 with zero containment. further south the largest fire burning in the state the spring creek fire has scorched nearly 100,000 acres and destroyed more than 100 homes and only 5% contained and it is the third largest fire ever in that state's history. at least four major fires are burning also in colorado forcing the evacuation of thousands of people from their homes. nervous homeowners keeping a close eye on the flames. >> we're scared, right? but we have our pets. we have our kids. and we're going. we are going to stay safe. >> didn't have a chance to take anything. >> the dollar ridge fire in utah jumped to 42,000 acres overnight and forced the closure of major highway and one of seven burning in the state. here in california the focus is on northern california. the county fire has tripled in size over the past few days burning 86,000 acres. there is some relief for firefighters and folks who live in the area. the cal fire spokesperson said favorable wind conditions, lower temperatures and high humidity helped crews gain significant ground yesterday containing the fire. >> sandra: mary anne, thank you. >> leland: president trump finishing up the interview process for his supreme court pick. who is the frontrunner? what does the short list look like? what are the political calculations when we come back. s cleaned in one wash. those are moms. anybody seen my pants? nothing cleans better. put those on dad! it's got to be tide. but how do i know if i'm i'm getting a good deal? i tell truecar my zip and which car i want and truecar shows the range of prices people in my area actually paid for the same car so i know if i'm getting a great price. this is how car buying was always meant to be. this is truecar. >> well, i guess -- that's what happens when you don't talk about what you're talking about. the president has a big rally. you think he's going to give us a hunt on the supreme court pick? >> maybe. might tease it. turn in to fox news channel for that. was it hard to jump back in? >> some of us worked the holiday. >> we'll see you back here tomorrow. "outnumbered" starts right now. >> fox news alert. president trump to announce his supreme court nominee. we're told he's finished interviewing potential candidates. speculation is growing over who he's going to pick. this is "outnumbered" and i'm melissa francis. here, republican strategist, lisa booth. former director of strategic communications for hillary clinton, adrienne elrod. and former national security analyst, morgan ortega. joining me on the couch, my co-anchor, david asman. >> they can't keep us apart. they try but we dragur