>> people sitting in the waiting area all stood up at one time and turned and started running. it was chaos. it was mass chaos. >> among the victims a 28-year-old father of three yoind the police force a year ago. his fellow officers lining the streets saluting their fallen comrade. >> this guy was shooting. that poor woman that got off an elevator and nothing to do with nothing. all those officers that responded were heroes and they saved a lot of lives. we just don't know how much damage he was prepared to do. >> bill: mike tobin on scene this morning. >> the gunman identified as 32-year-old juan lopez had a relationship with one of the victims. they had a conflict in the parking lot. witnesses say at one point lopez was standing over her firing at close range and he continued into the hospital. officer samuel jimenez new to the force. three children at home received a call for an officer in need of help. arrived on the scene and came under fire shortly after that. >> when they pulled up they heard the gunshots and they did what the heroic officers always do, they ran toward that gunfire. so they weren't assigned to that particular call but they went because that's what we do. >> 25-year-old, a pharmacist as the superintendent mentioned just got off the elevator and probably never knew what hit her when she was shot. the gunman was shot. unclear if he was shot by police or turned the gun on himself. according to some radio traffic last night he had threatened to kill himself. >> bill: the first officer to die in the line of duty in chicago this year, right? >> unfortunately it is fought. chicago police are still mourning the death of commander paul bauer killed a few blocks from here last february. a foot chase with a man who lived there and the homeless man opened fire on the officer. the second officer killed. the mayor said it tears at the soul of the city. >> bill: a tough story from chicago. three minutes past. >> sandra: breaking news on the border crisis. obama-appointed federal judge ruling against president trump's ban on asylum for immigrants who cross the border illegally as the homeland security department says more than 5 uncriminals have been traveling with the migrant caravan. garrett teny is live from the white house now. what is the white house saying about this? >> so far neither the white house or department of homeland security have talked about the ruling. we're keeping a close eye on the president's twitter feed where he likes to weigh in this time of day. the aclu and center for constitutional rights sued the administration almost immediately after president trump issued his proclamation on november 9 which prevented immigrants caught crossing the border illegally from being able to then claim asylum. in his ruling the federal judge said the president did not have the authority to change our asylum laws writing congress is clearly commanded in the immigration and naturalization act that any alien who arrives in the united states irrespective of their status may apply for asylum. whether or not at a designated port of arrival. whatever the scope of the president's authority he may not rewrite the immigration laws to impose a condition that congress has expressly forbidden. that's important to note. this ruling is a temporary restraining order. this fight is not over. both sides will come before the court to present their full arguments a month from now. >> sandra: the white house is also pushing back on reports about ivanka trump's use of a personal email. what are we learning? >> the "washington post" reported that she used a personal email address to conduct government business sending hundreds of emails last year using a private email account she shares with her husband, jared. she reportedly did this throughout much of last year before she was briefed on the rules. you'll remember on the campaign trail candidate trump was highly critical of hillary clinton's use of a private email server. critics are using that pointing to his daughter's practices to call him a hypocrite. a spokesperson for ivanka says there are big differences saying to address misinformation being pedaled about mrs. trump's personal email. she didn't create a private server in her house or office and the account was never transferred or house at trump organization, no emails were ever deleted. the spokesperson said ivanka explained her email use to white house counsel and to congressional leaders last year after she was given this update on what these rules were and how she could follow them. >> sandra: thank you. >> bill: good to have you back, alan dershowitz. i feel like i'm going to law school today. let's get through three of them. ivanka trump's attorneys argue it's not apples to apples. what do you make of that? >> i think it's hypocrisy on parade. each side uses whatever arguments they can to help and bolster their partisan position. everybody uses private emails. we now have a list of probably a dozen people in public life who have used emails apparently ivanka trump used the emails only for scheduling purposes. there was no classified material. the emails are all preserved. also owe a noon issue. it's partisan bickering. we should not be criminalizing the use of private emails either for hillary clinton on ivanka trump. >> bill: we need a better system. see if that happens. democrats are arguing you need senate approval or whitaker to be the acting a.g. the white house says he is in a temporary position and by law can serve for up to 210 days. even after that point you can argue whether he stays on longer. what do you make of that argument? >> i think you have to give the president some discretion to fill vacancies. he can't fill a vacancy pefrmly the day it occurs. justice thurgood marshall when he was appointed for the court of appeals served as an interim judge for months before his appointment was confirmed. he had not been confirmed and he was serving as a judge. throughout history from the founding we've had interim appointments. i agree that if the interim appointment goes on for a long period of time or if major irreversible decisions get made by a non-confirmed interim appointee that can raise some constitutional questions. this lawsuit itself is much too broad in its scope challenging the very concept of an interim appointment for a non-confirmed person. >> bill: let me read you what they're arguing. installing matthew whitaker defies constitutional law. any viewer of school house rock would recognize it. americans prize the system of checks and balances. i'm just a bill on capitol hill. school of rock. >> well, i think i was in the school of harvard and not the school of rock for 50 years and never heard anybody complain about interim appointments. it is such a partisan attack. if this were a democrat president who made an interim appointment we wouldn't hear these senators complaining. it is completely partisan. now, they have a point if it comes to serving for a long period of time but i suspect the president is anxious to make a permanent appointment and it will be up to the senate. if the senate takes a long, long time confirming as they have sometimes, then the interim appointment will last longer. that's in the nature of things. and the constitution certainly doesn't preclude a president from making a short-term temporary interim appointment. >> bill: topic three on immigration. you know this is red hot right now. a judge apparently agreeing with a democratic argument that you do not have to legally enter a port of entry in the united states in order to claim asylum. i think this law can be interpreted sometimes for different people from different countries from overseas. how do you see it, professor? >> i think he has the better of the argument, the judge does, on the statutory interpretation. there is nothing in the statute that suggests that the president has the authority to overrule congress. now, all he has done is given an interim injunction and so i'm not sure how many people will be affected. ultimately he has to make a final decision but you have to look at the statute. the president's authority is not a constitutional authority. it is limited by statute. if the statute permits asylum seekers to seek asylum even if they come in illegally, that statutory rule has to prevail. if the president doesn't like that rule he should go to congress and have congress change it. >> bill: to follow up on that reading from the associated press. president trump used the same powers it writes he used last year to impose a travel ban upheld by the u.s. supreme court. >> i don't agree. i think it's a different power. the president has constitutional authority to decide people can't come in from particular countries. that's within his statutory authority. that's part of the statute that authorizes the president to make those decisions. but there is no comparable provision in the asylum statute authorizing the president to make decisions changing the nature of asylum. it is a complicated and interesting statutory interpretation that could go either way. i think a judge to get an injunction temporarily is probably the right judicial decision to make. we'll see what happens when the case goes to final resolution. it may get all the way up to the higher courts. >> bill: good stuff. thank you for coming back today. enjoy your thanksgiving. we'll see where the arguments go. next hour much more on this. jonathan turley is our headliner. the question is top of the next hour whether or not turley agrees with dershowitz. we'll find out next hour on that coming up. >> sandra: many different interpretations. after two recounts and countsless controversy florida finally making it official. right now election officials are certifying the winners of the state's most contentious mid-term elections. more on the big announcement. zbr president trump's approval rating hitting a new high when it comes to the economy. pulling off something his presented cess -- predecessors could not. >> sandra: heavy rain could promise relief from the deadly california wildfires but officials are bracing for a whole new set of dangers. we'll have a live report from the ground straight ahead. >> it's scary, the fires, it was right behind us. >> i'm trying to stay as strong as i can for them. it is really hard to do it. i really just want to break down and find a new place but it is really hard. this food truck is our baby. and like any baby, it's loud, stressful and draining. and we love it. i refuse to let migraine keep me from saying... 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of the stock market. it was really still very low in november but all the policies were in place came january 1, 1983 all of them took effect. the same thing is happening here. trump doesn't have to do anything more for the economy. the economy -- bring it on. >> bill: rose-colored glasses from nashville, tennessee from art laffer. reading from gallup, trump's last two ratings on handling the economy, 53%, are well above the average of 45% on the economic approval measure across presidents from reagan through obama. he is reaching back in the 80s. you have the fed out there, art, you have the battle with china on tariffs. a lot of that is manmade. >> they are manmade in many ways. we have the problem with the fed as well. remember paul vol ker dropped the interest rates dramatically. 21 1/2% prime interest rate when we came into office. the rates were dropping because of tight money. everyone was worried the fed was going way too far and too tight. all the same head winds occurred with us. we lost the mid-term elections in november of 1982 badly to the democrats. reagan's approvals were very low and then we had this boom, january 1st, 1983 to june 30th, 1984. we grew by 12% at an 8% annual rate in real gdp. amazing. by november of 1984, we had won reelection by beating mondale 49 to 50. a landslide. reagan's world. all the deck has been set. all i can say to anyone is bring it on. just sit, hold tight and you will see whether this stuff works. >> bill: here is what i read after the mid-terms. no new tax cut package that will pass or happen. so what is the best arrow in the quiver? >> the tax bill itself. these things take time. we've dropped the highest rate from 35% to 21%. we dropped the personal income from 37. pass-through cuts. 100% expenseing. they are all in place. look at the gdp numbers and employment numbers. they're coming true. it takes time, bill. what we'll see is the next two years we have plenty of time to see whether it works. if it doesn't we'll get shell acted. if it does we'll win a landslide in 2020. >> bill: you wonder if the economy is in shape without the tariff battle. i know what you are talking about gdp. some are wondering if the 4% or 3.5% is the occasional spike and the 2% is the norm established over the last 8 or 10 years. >> that's what they say. amazing how the spike comes after we pass the bill. we'll see whether it's just a passing fancy or whether it's real. i believe that the economy is set for enormous growth over the next two or three years and i think it will happen and if i'm wrong, i'm wrong. i've been wrong before and i'm much better at forecasting the past than the future but i'm very comfortable with the position president trump is it. >> bill: good to see you. >> have a great turkey day. >> bill: thank you, art, talk to you. >> sandra: 16 house democrats are vowing to vote against nancy pelosi for speaker of the house. our a-team will take that one up and they're on deck. we're awaiting the u.s.'s official report on the murder of saudi columnist jamal khashoggi. we'll tell you what the white house is now saying. >> the president said it is a complete tragedy. looking for answers and directed everybody to get the answers including the secretary of state almost immediately following the murder. if you're waiting patiently for a liver transplant, it could cost you your life. it's time to get out of line with upmc. at upmc, living-donor transplants put you first. so you don't die waiting. upmc does more living-donor liver transplants than any other center in the nation. find out more and get out of line today. this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. >> bill: stormy daniels attorney michael avenatti responding to reports that an actress filed a restraining order against him days after avenatti was detained by police on domestic violence charges. he responded to all of it in a tweet saying i've never abused a woman or committed domestic violence. he said it's bogus and fabricated. i'm a target and will be exonerated. it was not immediately clear if the actress was the same woman who accused him of domestic violence a week ago. >> sandra: fox news alert on the deadly fires in northern california. rescue crews working against the clock sifting through debris and rubble searching for any victims before heavy rains move in. now new threats of flash flooding and massive mudslides. 82 people confirmed dead statewide. 700 still unaccounted for. meanwhile survivors are returning to their homes or what's left of them. >> it is just two really nice houses well built by me and that's the only thing sticking up is the melted refrigerator. i don't have enough time left on the planet to ever have it again and that's pretty hard to take. >> sandra: we're live in chico, california. claudia. >> good morning, sandra, thousands of fire evacuees are waking up at shelters like this one in chico. this morning we're at the east avenue church and donated supplies helping 200 people who for now are living in the gym here. these folks are getting medical attention and trying to stave off an outbreak of norovirus going around. two more sets of human remains increasing the deaths from the camp fire to at least 79. the number of those unaccounted for has dropped to 700. search crews warn some people may never be found due to the intensity of the flames. with evacuation orders now being lifted in some areas around paradise residents are returning to sift through the rubble of what used to be their home. the state's insurance commissioner says the losses are staggering. >> in 2017 from all the california fires there was $12.6 billion in insured losses. that was only 68 hundred single family homes destroyed. we're approaching 11,000 single family homes destroyed >> his office is educating people about avoid to getting scammed by unlicensed contractors promising a quick home rebuild. this recovery will take years and people should be wary of shortcuts. it could cost them more in the long run. rain is in the forecast starting later tonight and into tomorrow. the rain will help wash away some of this unhealthy air but almost certainly complicate ongoing search and recovery efforts. sandra, officials are especially concerned that a heavy downpour could trigger mudslides. back to you. >> sandra: hard to believe now those threats with facing that state. thank you very much, claudia. we'll continue to follow all of it. >> bill: markets opening in a few moments. facebook leading big losses yesterday. how it could last. live report opening bill. >> sandra: a legal setback for the trump administration. what a court has ordered that could make it easier for thousands of migrants currently at the u.s. border to seek asylum here and the security issues being raised now by the department of homeland security. >> we have a president that takes border security seriously and a president that believes in the sovereignty of this country and believes in the rule of law. we have a president that supports the border patrol and ice. he is doing his job. 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. -we have the power -to make a difference, right now. we have the power to make sure everyone has clean water. to provide access to education for all. -to rid the world of aids, -once and for all. we have the power. to choose to include. to create clean energy. to raise capital. and be fearless entrepreneurs. to understand different perspectives. we stand behind all our partners working to make a difference. what would you like the power to do? >> sandra: quick look at the markets here a minute into trading. it is not looking so good for the bulls. the dow just a few seconds after it open plunging more than 400 points. this is after closing down nearly 400 points yesterday amid reports of trouble at facebook. shares of the tech giant down now 25% so far this year on track to see their biggest loss -- biggest losing streak ever. some of those technology companies that led the market to record highs are now going down pulling the rest of the market with it. another big sell-off to start off this tuesday morning. >> bill: facebook, apple. i didn't want to watch it yesterday. then today. but you're right about that. the way we rode this market for the past year and a half has been on the backs of a lot of those big gainers. >> sandra: art laffer is all calm. don't worry. he sounds optimistic. a quick update, apple dipped into bear market territory. down 20% from its highs. facebook and apple taking big hits zbl. the catch with apple. if you're in your 401k or mutual fund just about everybody owns it across the industry. tariffs a big deal. the trade battle that continues. well, you can probably throw a dart and find a reason to go negative. >> sandra: we'll see. there are several weeks left in the year. markets could do just about anything. >> bill: art's history lesson was good. thank you, art, for that. >> sandra: it was. for those keeping track of the year performance 2018 so far, the dow is still up more than a full percent for the year. the tech-heavy nasdaq up nearly 2% for the year. there is still positive for the year as we continue to see selling. >> bill: facebook still dealing with the fallout from the scandal over selling users' information. new claims that the company knew more about it by russian operatives to affect its platform. peter doocy is live on that. what have you found out? >> when lawmakers talk about russian interference they're generally referring to facebook ads purchased by people in russia to score discord in the u.s. facebook has testified how to stop it from happening again. a new "wall street journal" reports there has been more finger pointing inside the board room than fixing of algorithms and what cambridge analytica says. >> i think facebook hasn't been wholly candid with what it knew when and what -- how much did it tolerate the projects that were happening. it actually approved the terms and conditions of the applications. >> facebook spokesperson is quoted as saying this has been a tough time at facebook and our entire management team are tackling the issues we face. they are hard problems and working to insure people find our products useful and protect our community from bad actors. senate minority leader chuck schumer insists he can be tough even though his daughter works as facebook and employees have donated to him. schumer spokesperson says he has wore eefd that facebook would bow to pressure from republicans who oppose the purging of fake accounts bots and try to make it the priority in theron going investigation of the company. bipartisan support for regulations on tech giants like facebook but so far nothing. >> bill: thank you, peter. peter doocy watching that in washington thank you, sir. >> sandra: fox news alert. obama-appointed federal judge blocking the trump administration from denying asylum claims to immigrants who cross the border illegally as the homeland security department says more than 500 criminals are traveling in the migrant caravan currently at the u.s./mexico border. the president of the national border patrol counsel joins us now. what can you tell us about the update on the 500 criminals that have been traveling with this caravan? >> this is a good example of what we face on the border on a daily basis. when president trump says there are bad people coming across the border, there is proof. there is hard evidence to show that is in fact the case. so we have to be concerned about those people that are trying to cross our borders illegally or trying to game the system by claiming asylum. >> sandra: how big of a legal setback is this for the trump administration by this judge? >> it's not. it's a speed bump. we understand these activist groups are going to file their lawsuits in friendly jurisdictions and that's what happened in this case. when the dust settles and once it goes to the supreme court, if it even has to make it that far, we're going to get a good ruling and we'll find that the white house counsel knows what they are doing. just like with the travel ban issue. this is a speed bump. >> sandra: what exactly has the court ordered here. you can give us the take of the white house here as well. i know you recently met with the president. >> i met with him yesterday to go over all of the issues that are facing border patrol agents and border security including the troop deployment and how it's working. we have to look and we have to say that what this president is doing is extraordinary compared to his predecessors. he is trying to solve a problem that has existed my entire career. i've been in the border patrol 21 years. i'm not just sitting behind a desk and giving you theoretical standpoint. but what we've seen him do is beyond what any other president has done and he is trying to tackle this issue that he inheristed. frankly, i think we'll get a handle on it. >> sandra: the decision by this judge, how does it make it easier for those who are already at the border to seek asylum? >> so basically what the judge just told them is go ahead and cross the border illegally. instead of going through a port of entry, a legal process, the judge just encouraged them to break our laws, cross the border illegally, drain border patrol resources because then we have to deploy our resources to those areas to take them into custody. this is the wrong decision. the wrong message to send. this is what is spurring these caravans to continue to come as we see caravans stacking up upon caravan. it is very disappointing that a judge would take this stance to encourage lawlessness. >> sandra: this is the stance from homeland security reacting to all this via a tweet from secretary nielsen. unfortunately some members of the caravan are causing disruption at our border, ports of entry, there is a legal and illegal way to enter the u.s. we've deployed additional forces to protect our border. we will enforce all our laws. so what are these security issues at the department of homeland security is raising as a result of this? >> so you have to look at the 500 criminals that are there and also have to look at them rushing a port of entry. what the american public has to understand is they're sitting at the largest land port in the entire nation. this land port generates billions of dollars to the american economy on a yearly basis. when these people threaten to rush the port of entry they'll close it down and they're going to stop up this legal traffic that's coming through that generates this revenue and that's just wrong. and it upsets me, it upsets border patrol agents and should upset the american public to see they're trying to dictate to us how we have to treat them instead of trying to do this properly like what most americans and most legal immigrants have done. >> sandra: we have to leave it there. since you did just meet with the president the last few words here. what sense did you get from the president how things are going here as this caravan continues to advance? >> well, his sense is that things are looking up because he is doing different things. he is trying to take a different approach and these different approaches are paying dividends like what we saw in 2017 and we'll continue to see that going to the future. >> sandra: great to have you on the program this morning. thank you. >> bill: monday night football last night. it was something else, man, wow. what a string of touchdowns and turnovers between the rams and chiefs. two great teams battling it out back and forth battle all night long. smitty had the chiefs. i had the rams in a $1 bet. six lead changes. the rams able to seal the deal after a game-ending interception. 54-51 the final. four quarters, no overtime. the highest scoring game in the history of monday night football. first time any team scored 50 plus points and lost. a great player kansas city quarterback had the most touchdowns. >> sandra: that set the bar high for monday night football. >> bill: good football. maybe they meet in atlanta in the first sunday in february at the super bowl? playing well. >> sandra: breaking news out of california this morning with the situation continuing to get worse for those in the fire zone. heavy rains tomorrow now threatening to bring mudslides and flash flooding. we'll speak to 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>> we have a goal by december 3 to get all 32,000 kids in this county and especially the 5700 kids who lost their homes into school in a nice environment. we'll have to use some temporary places until we can get more of an interim going. everyone is working hard. we have hundreds of mental health counselors preparing and have a big task ahead of us but we're staying on course and have confidence we'll have every kid ready to go to school back to school on december 3. >> bill: two weeks away. a tough holiday for a lot of families in northern california. i know you are well aware of that. you were in chico earlier. when you talk about the number of missing and unaccounted for, what is the process for determining where these people are now? >> well, our sheriff is the baddest guy around and so solid. he and i worked on -- we had to evacuate this whole county because of a dam. we have a lot of experience on this type of thing. the magnitude of this is terrible. they are doing the work, the forensics and the officers are up there looking for bones and looking for people. and that's another factor that really causes trauma for the kids and the families that are going to school. they are waiting to hear about their friends in the community that are missing. so it's not just like nothing else is going on. fire is still active. they're looking for dead bodies and we're trying to get kids in school. it's a really tough mix for us. we're butte strong and tough rural small town people and we won't back down. we'll keep going. >> bill: big challenges. if one were to drive into your town, be it paradise orrville, what would they see? is it every other street or block? how would you describe it to somebody who hasn't been there? >> it's just like a mass destruction like a bomb went off. when you see these fema guys and first responders that have dealt with a lot of fires come down the hill and look like -- they said they haven't seen anything like this with a fire. fire, like everything else in life is random. there will be a whole court of houses gone and one standing for no real reason. a couple businesses up and the rest are wiped out. the high school has every residence around them wiped out but not the whole school. the behavior of the fire was shocking. this is a small town. most of those people lived there their whole life. it is so tragic and we're -- i think we've gone past the total shock and now it's setting in on those poor people. that's their town. as i told the people, it stops friday football. i think the stadium is still standing. when we rebuild it will be a great day. we have another football game up there. >> bill: our best to you. everybody out there, too. >> can i do one shout-out to all the people from fox. the football -- 195 of the student athletes lost their homes and i love whatever he is doing with the football teams but reach out to my fox friends and say we have an ag program and get something going for the kids. like someone to email me how we can do something for the kids in the agriculture world. football and baseball is being taken care of which is lovely and the boys and girls club needs their help. they lost everything. thank you for letting me say that. go to their website to donate to the boys and girls club. >> bill: thank you, tim. our best to you. you need a lot out there. tim taylor in northern california. >> sandra: fox news alert out of florida after two recounts and countless controversies the election results are in for the hotly contested senator and governor's races. we have the results next. >> bill: countdown to thanksgiving. turkey bird is going on. a presidential pardon could come this week, maybe today, huh? 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receiving the white house christmas tree and they have the pardon today. peas and carrots are the two birds from south dakota. peas weighs 39 pounds. carrot checks in at 41 pounds. i feel good about both of them. i like carrots, the favorite musical artist is elvis presley. >> sandra: i'll stick with carrots on the right, peas on the left. >> bill: nice hotel suite last night. >> sandra: getting a sense of the holidays. >> bill: here we go. >> sandra: after two recounts and controversy election officials are certifying the results in florida at this hour. phil keating is live in miami. good morning. >> good morning. now it is finally, finally over. the unprecedentedly close florida 2018 election has been certified. about 45 minutes ago up in tallahassee was the ceremony by the state canvassing commission and compared to the campaign and recount battles, this was beyond tranquil. the winners have been certified and always a brief ceremonial procedures. the canvassing commission is usually just three people. governor, state attorney general, commissioner of agriculture. since governor scott was involved as a candidate in the senate race, he recused himself. so filling in for him was republican senator rob bradley. it was all over in five minutes. >> there being no further business to come before the commission, the meeting. elections canvassing commission is adjourned. >> the two-week recount finally ended. the battle between republican governor scott and three-term incumbent bill nelson out of eight million votes decided by 10,000 votes. scott heads to washington in january as the senator-elect. a recount race for governor between republican ron desantis and tallahassee mayor andrew gillum. ron desantis is the victor and now official and he will be florida's next governor. so for the democrats in the state of florida, their 20-year losing streak in governor races continues for another four years and the first time florida has sent two republicans to be u.s. senators at the same time since the 1870s. our headliner is jonathan turley live with us coming up next hour. come on back. today, for the freedoms that we have here in this country. they're willing to do that for you, for me, and for our family. so for us, at newday, to have the opportunity to turn around and help those people at this point in time. it's a labor of love, it's a noble service, and that's what we're all about. ♪ >> sandra: fox news alert. u.s. stocks on the move this morning. the dow seeing a sharp sell-off on the open 30 minutes ago. here at the 10:00 hour eastern time and you are looking at nearly a 500 point drop on the dow. that's a 2% sell-off now well below 25,000 on the dow. the selling across the board. the broader s&p 500 plunging. nasdaq taking a hit as well. when it comes to the dow the stocks losing the most ground and weighing on that average is boeing, apple, the consumer and retail trade sensitive american companies are taking a hit this morning. disappointing numbers coming out from some of the big retailers heading into the holidays. also weighing on market sentiment here. a significant sell-off after seeing selling in yesterday's session as well. >> bill: apple has been under pressure. everybody owns a little apple. you talk about disappointment for earnings. target came out with a number that was not so impressive. we're starting to get a forecast for what the holiday season might or might not be. goldman sachs came out earlier suggesting apple may see flat growth for the next year. that would be a big change for apple. >> sandra: that's what started the sentiment last week with some suppliers to apple were hinting at lower sales, lower demand for some of the iphone parts and apple is now in bear market territory down 20% from its recent highs. it is not just a blip. there is a bit of a trend. we'll watch the markets. the crisis at the border heating up this morning as a new ruling from a federal judge threat espn the trump administration's immigration policy. i'm sandra smith. >> bill: a federal ruling. department of homeland security saying there are more than 500 criminals in that caravan that has arrived in tijuana, mexico and where william la jeunesse begins his coverage today. good morning there. >> good morning, bill. this is a huge setback for the administration and a shot in the arm for the caravan. it is likely to encourage more caravans, more central american immigration. now, the administration tried to funnel all illegal traffic funnel it through here, the port of entry. only process those asylum claims. this judge appointed by president obama said can't do it. you cannot limit or restrict where a migrant makes their claim. the judge writes in his opinion asylum seekers will be put an increased risk of violence and other harms at the border and many deprived of asylum claims. whatever the scope of the president's authority, he may not rewrite immigration laws that impose conditions congress has expressly forbidden. what does it mean? it means any immigrant including the thousands who are here, can claim asylum anywhere on the border and there are thousands of places where there is no wall, no fence, no wire. they'll get apprehended and likely released regardless how frivolous their claim is found to be. 90% are ultimately rejected by a judge. this happened last yesterday. most migrants don't know it. the open border activists coaching them will bring it to their attention. now already in phoenix the pipeline is full. ice is using a church to handle and place families that must be released because they lack the space to keep them. >> taking in ten families to 20, to 30. the most we've had is 60. that's about two to three people per family. talking about 120 to maybe 150 people here. >> this also changes the math. for those individuals who considered staying here in mexico and working because they couldn't make it into the united states, now with this new ruling they would be encouraged to go east of here into the mountains and make a crossing there and i tell you, this is very frustrating to border patrol agents who want to apprehend people but now people want to get apprehended. in august there was 100 people who were apprehended just east of here and all had a virtually identical story and most of them were released. >> bill: william la jeunesse, thank you, tijuana, mexico, that story continues today. >> sandra: meanwhile three senators all democrats now suing over the appointment of matthew whitaker as acting attorney general including hir oney who said this. donald trump can't subvert the constitution to protect himself and evade accountability. we want to court to make clear the senate must confirm whitaker's appointment as attorney general otherwise it violates the appointments clause. >> good morning. in the laws hour the senate minority leader chuck schumer released this letter asking the justice department's internal watchdog to investigate any potentially unlawful or improper contact between the acting attorney general and the administration. schumer remains in the minority when the new congressional term in january. if he gained access to confidential grand jury or information related to special counsel. schumer cites media reports as the basis for the investigation. three sem at democrats filed a lawsuit at the district court in washington challenging the whitaker appointment as unlawful arguing that the attorney general is a senior government official or principal officer and those positions require senate approval. >> it is widely accepted that his appointment is at the bounds of constitutionality and that we feel very confident the three of us who brought the case we stand a likelihood of winning this. >> the schumer letter is the second formal effort by democrats in the last week to push back against the appointment. >> sandra: the republicans are pushing back? >> aside from president trump who very publicly backs whitaker and the appointment, house republicans are stepping forward arguing the justice department's office of legal counsel, the group that provides legal guidance to the federal government, found the constitutionality of whitaker aefs appointment is supported by supreme court precedent. acts of congress and past administrations. here is congressman pete king. >> the department of justice, i feel put out a very reasoned statement, very reasoned analysis why the whitaker appointment is valid and does not require senate confirmation. so again, i think this is a side issue of being thrown out there by the democrats. >> also a senior outgoing house republican urged the white house to name a permanent attorney general very soon arguing it will mute the debate over whitaker. >> it's an open legal question. there are good arguments on both sides but he is the acting attorney general up to and including the time the supreme court says otherwise, i'm a lot more interested in who the next real attorney general is going to be. >> bill: whitaker gives a major public speech tomorrow at new york's joint terrorism task force and we'll look for any indicators there as to his position. >> sandra: thank you, catherine. >> bill: want to bring in jonathan turley the constitutional law professor at george washington university and headliner today. how are you doing, sir? special day being the headliner, right? good morning to you and welcome back. first on whitaker. we'll go through three tointion. first whitaker. the white house argues he is in a temporary position and you can appoint somebody up to 210 days in a temporary position and you could argue beyond that. you say what to that? >> i think the statutory arguments against whitaker are quite weak. he does meet the conditions of the statute. there is an alternative succession statute that people are saying that rosenstein must be the acting attorney general. i don't think that's necessarily that clear. but having said that, i think there is a compelling argument to make under the appointments clause. the appointments clause says if you are attorney general and want to exercise those powers you need to be nominated and confirmed and makes it silly that you have tlooug all that unless you say someone is acting. so there is some legitimate objections here that a court will have to review to answer. the problem is really going to be whether these senators have standing to bring this case. whether three senators will be deemed by the court to be the people that should be heard on this issue. >> sandra: here is senator chuck schumer in his own words putting aside mr. whitaker's conflict of interest his appointment as acting a.g. is in direct violation of the constitution's appointments clause and should concern every american regardless of party affiliation who cares about the rule of law and justice in our country. you care about the rule of law, justice in our country. is he right? >> look, i think there are legitimate concerns here but this has been done in history. this has been done in the past. i'm a critic of using historical practice as a way of interpreting the constitution. i think if it's unconstitutional, doing it over and over again doesn't improve things. but the court has not rendered a decision on this. this still remains an uncertain question. i tend to follow the text of the constitution. i tend to view the appointments clause as having the upper hand here but it is certainly true that this is an unanswered question as of today. >> bill: so we at dershowitz on last hour and we gave him all three topics. right now you guys are 1 for 1. on immigration topic two. the judge agreed with the democrats about the port of entry. whether or not the law allows you to seek asylum if you enter the country from an illegal point of entry. your point on that. >> i testified during the obama administration against the president acting unilaterally to rewrite the immigration laws. this judge is on good ground that president trump is essentially rewriting a critical part of the immigration laws unilaterally. what i find interesting is many groups applauded president obama when he was doing it. what is clear if anything is hypocrisy has no borders. many of these people were delighted when president obama, when he couldn't get something through congress, simply ordering it unilaterally and many of us said it was unconstitutional. >> bill: i think we're 2 for 2 here. dershowitz and turley. >> he looked at my notes. i've got to tell you. >> bill: let's talk about ivanka trump. >> sandra: the white house is pushing back on the reports of ivanka trump using her personal email to conduct official government business. what more can you tell us? can you weigh in on what you're hearing so far? >> well, i simply find this all baffling. i don't know what it takes to convince government officials to stop doing this. it just -- it is a rather long and steep learning curve apparently for too many people. there are differences. in the clinton case you had a server housed in their house, there was serious questions of whether there was a truthful account. initially clinton said there was no classified information. there was in fact classified information. there was a ricks. the clinton people did not assist the state department when they were trying to find out what damage had been done. there are differences. but at the end of the day you still have to say or ask why? why would you do this? >> bill: classified information seems to be a higher bar. >> it is. >> bill: what the white house is saying is that this was in the early days and she was talking about schedules which kind of reminds you of hillary clinton's argument about the yoga schedule. the emails, i deleted them about any yoga schedule. the white house is saying it's not apples to apples. do you think it is? >> i don't think it is on all fours like what happened with clinton. the clinton matter was more serious. the type of information that was going through this private email doesn't really reach the same level as what we had with hillary clinton who, after all, was the head of an agency that had classification authority in and of itself. but that doesn't excuse what is a really baffling and sort of strange practice. it's not like this wasn't in the press. this is a president who ran on this type of violation. you would have thought of all the violations that might occur, this would be the last one we would see coming out of the trump administration. >> sandra: the way in which she and her spokes people are pushing back on this and specifically the comparison to hillary clinton, they're saying she did not create a private server in her house or office. never classified information transmitted. the account was never transferred or housed at the trump organization. no emails were ever deleted. there is a laundry list being provided. >> this is a distinction. it is still a sin but it is certainly not the same one. >> bill: on that count you guys kind of split here. so he didn't copy all your notes. jonathan turley, thank you for your time. we need to get turley and dershowitz side-by-side and go at it. thank you so much in washington, d.c. >> sandra: former georgia governor candidate staci abrams still upset about her election loss. >> was the election georgia statewide a free and fair election? >> it was not a free and fair election. >> sandra: earlier this morning governor-elect brian kemp fired back. our a-team will join us to weigh in on that. >> bill: another alert now. hell on earth for so many in california. the rain is coming. officials warning that mudslides and flash flooding could pose more danger. talk to a fema official about what they're dealing with today coming up. >> i have grandchildren that age. one on the way. for them to be out in the cold, nothing here, it breaks my heart. people tell me all the time i have the craziest job, the riskiest job. the 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names consumer names in the dow are down the most and dragging the overall number down. target came out with retail earnings. they missed expectations. that caused some concern heading into the holidays. although their numbers and forecast for the holiday shopping season were quite strong. so it depends on who you talk to out there. there is some optimism from art laffer this morning. reagan former economic advisor says stay calm. >> bill: i think it was hold, hold, hold. the dow has dropped 1,000 points in a week. >> sandra: still up for the year. by the way, here is an update from the fox business network. the s&p dipped into correction territory. it means it is up 10% from its recent highs but♪ able to a lot of analysts on wall street. take note of that perhaps at the least. it has fallen the s&p has fallen nearly 10% from its record high of 2930. >> bill: a lot of the big flyers we've been watching the last year and a half, to years, facebook, amazon, apple are all getting hit. >> sandra: we're watching it with you. >> it was like pow, pow, pow, pow, pow, pow, pow. it was extreme, loud and close. this is what happened. i don't know after that, swat came and got us out at the utility room and made us walk across the street. >> bill: another violent scene at a hospital. a man shooting and killing a woman in the parking lot reportedly his ex-girlfriend and a doctor at the hospital. the man entering the hospital killing another employee and police officer who responded to the scene. the gunman was dead when it was over. >> all going about their day, all doing what they loved. it tears at the soul of our city. it is the face and consequence of evil. >> bill: the fallen police officer shown here age 28. samuel jimenez leaves behind a wife and three children from chicago. >> sandra: fox news alert. survivors of the california wildfires just absorbing the scope of the damage there. at least 79 people dying in the camp fire in northern california. butte county officials say the number of people unaccounted for due to the fire is now around 700. now crews could face another obstacle. rain which could produce mudslides on the land. here are some of the victims from the wildfires. >> i'm trying to stay as strong as i can for them. it is really hard to deal with, though, i really just want to break down and find a new place but it is really hard. it is really hard. >> i discovered that my insurance is a little less than half the value of the home and about 60,000 less than what i owe on it. so i'm hoping that somebody will help me cover the gap because i have nothing. we lost everything. >> this could be me. this could be me living in a parking lot. luckily i have enough little saver's nest so we could stay in a motel. >> sandra: look at the stunning satellite images from paradise, california. the camp fire burned down a good portion of the city. joining us by phone is kefin hannes coordinating the fire relief effort. thank you for stepping away and giving us a few minutes of your time. can you please give us an update? >> good morning. thanks for having us on to give you an update on the camp fire. smokey still up here. but today we are still working with our disaster recovery center providing as much assistance as we can to survivors. in the state right now we have over 16,000 households that have registered with us. a little more than $8 million has been distributed to those households. majority of that is in the paradise area of butte county. so we're really starting to get the assistance to them. we want to make sure everybody knows to come to the disaster recovery center. they get the assistance you need not only from fema and small business administration as well as the town of paradise, the butte county and state has agencies to help you start replacing the vital records you need. >> bill: one of the staggering things about the story is the number still unaccounted for. how is the process going and how does it work? >> the process is run out of the butte county sheriffs office. they're working through very diligently as quickly as they can to insure they've accounted for everybody. double and triple checking working with the red cross and federal and state agencies to get an accurate count as they go through so they can determine exactly who is still missing, who has been accounted for and we ask people to call the safe and well line, contact the american red cross or contact the butte county sheriff's office to ensure if they know they have a survivor that was listed as missing that they found and accounted for, all that information really helps the county sheriff. >> sandra: stunning images the viewers are seeing from the ground there. the before and after pictures are staggering. kevin, can you give us an update on how you are now preparing for the latest threat and that is rain that is going to be coming in and the new threat becomes possible mudslides? >> yes, we've been working with this for quite a while. california office of emergency services along with other state agencies and federal agencies have been up in that area doing mitigation efforts to reduce the impact of a heavy rain in that area not only to protect the watershed but protect properties that are still may be remains there. we feel fairly confident the mitigation efforts will be successful and the latest forecast the rain may not be as heavy as it was forecasted a day or so ago. we've got mitigation up there to prevent as much of a mudslide as we can. in addition we're working with survivors to get them into safe, secure shelters. there are still plenty of space available in the red cross shelters being operated in butte county and we'll do a big push over the next 24 to 48 hours to get as many people inside as we can. >> bill: that goes along with what a guest told us last hour. talking about the thousands and thousands of school kids who need to get back in class and he has a target two weeks from yesterday to make it happen december 3. do you see that as possible? >> i see that as very possible. i was at a town meeting last night and that topic came up. the city of chico is really stepping up and really supporting the paradise school district as well as their charter schools. finding locations, getting supplies in there, whether it's in temporary facilities right now or within inside the chico school system and the orrville school system to keep those students with their teachers together. the other thing they're doing a great job of is preparing the teachers and the staff at the schools not only from paradise and in that area but also the teachers in chico and orrville crisis counseling and mental health so they can work with these kids if they start seeing signs that the kids are feeling a little bit more stressed than they should be. >> sandra: kevin hannes, fema federal coordinating officer. thank you for your time this morning. >> thank you very much and have a happy thanksgiving. >> bill: thank you, sir. 27 past now. apparently the deadly suicide bombing in afghanistan, the reports we're getting are just brutal. dozens dead. many more wounded. a live report where it happened coming up near a moment. >> sandra: nancy pelosi on the hot seat. 16 house democrats going public to say they don't want her to be speaker. the a-team is surely going to want to discuss this. >> it's mostly like 14 men who are on that letter. i enjoy a tremendous amount of support from the women in our caucus. o need money for their f. with our service, veterans like us earned the powerful va home loan benefit that lets us borrow up to 100 percent of our home's value. at newday usa, that can mean a lot more money, especially if your home has gone up in value. on average, our veterans take out 54,000 dollars. the newday 100 va loan lets you refinance your mortgage, consolidate your high rate credit card debt, get cash... and lower your payments by over 600 dollars a month. and because newday 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[ wrapper crinkling ] get this butterscotch out of here. progressive can't protect you from becoming your parents. there's quite a bit of work, 'cause this was all -- this was all stapled. but we can protect your home and auto when you bundle with us. >> bill: 10:31 fox news alert. afghan officials saying a suicide bomber strikes a gathering of religious scholars in kabul. many are dead and wounded. what happened this time? >> that's right. 40 people are dead and dozens wounded after a suicide bomber targeted a gathering in kabul, afghanistan just about an hour ago. that information according to the health ministry. the situation is still developing but here is what we know so far. the gathering was reportedly taking place at the wedding hall to celebrate the birthday of prophet mohammed. the interior ministry spokesman for afghanistan says hundreds of religious scholars and clerks who gathered to mark the occasion when a suicide bomber detonated themselves, two days after the special envoy met with taliban leader to look for a peace deal with the after gani government. the taliban is responsible for many terror attacks in the region. there is no confirmation yet who is behind the attack today. isis has also carried out a series of bombing attacks in afghanistan. a few months ago 34 students were killed at a university when isis did detonate a bomb there. moving forward witnesses on the ground, bill, say that thousands of people were inside the venue when the suicide bomber detonated. they are worried the death toll could rise. >> bill: brutal stuff. >> sandra: house minority leader nancy pelosi facing opposition, her bid to return to the post of house speaker. 16 house democrats signed a letter that calls for new leadership. we're live in washington with the latest on this. >> good morning, it is going to be fascinating to watch this play out. this is a two-step process. so if you are nancy pelosi, the first step is easy. november 28th house democrats will meet just as a caucus and decide on a nominee. you just need a simple majority. pelosi can easily get that. then on january 3 the entire house will meet. including republicans and presumably every republican will vote against the democratic nominee. if you're nancy pelosi or whomever the democratic nominee is you can only afford to lose 14, maybe 16 votes depending what the final account is. 16 mostly moderate house democrats have already signed on to a letter saying they want new leadership in the house. they praise pelosi but the letter also says this, however, we also recognize in the recent election democrats ran and won on a message of change. majority came on the backs of candidates who said they would support new leadership because voters in hard-won districts across the country want to see real change in washington we promised to change the status quo and we intend to deliver on that promise. so what does pelosi have going for her? first of all, she is a great vote counter. she knows how to get votes and knows how to twist arms. because many just assume she will be the speaker, she can make a lot of promises in terms of xhifty assignments and so on. no central figure that has emerged to take her on. ohio's marcia fudge has talked about possibly running for speaker. she hasn't made a decision yet. a lot of drama ahead here. back to you. >> sandra: doug, thank you. >> bill: bring in america's a-team. brian brenberg from king's college in new york. lawrence jones editor and chief campus reform. hello, sir. capri cafaro former ohio senate minority leader and the school of public affairs. hello. hope you all get a drumstick if that's what you want. i want a drumstick. >> i want to sit at your table. >> i'm the pie maker here. >> bill: will she win or not? >> i think she in. i am always outspoken that my party leads new leadership. i supported tim ryan two years ago when he sought the leadership spot in 2016. but here is what's different right now. number one, pelosi was the leader when we won. she survived over almost 20 years when we've lost over 63 seats for example in 2010. and here is the big problem. the democrats have not been able to come up with an alternative. so it's great to say we'll have new leadership. you have to have somebody to vote for. i got one final thing. one more final thing. you coming back to me? >> bill: no, one final thing. in the spirit of thanksgiving. >> they mentioned the republicans. republicans could actually potentially deliver this for nancy pelosi. 24 members of what's called the problem solver caucus are republicans and said they would vote for her if she supported a rule change package. >> what a bait and switch for voters who thought they would vote for democrats to get change. no, you get nancy pelosi once again. she lines people up for votes and raises money. this is supposed to be the party against the big money. nancy pelosi will get it because she raises the big bucks. >> bill: this letter they sent was political cover. there is a progressive wing of the party. when they campaign in the next election they can say we say we needed the leadership. she has the votes. a lot of people are making a big method about the speaker race. that's not the real issue. the new progressive wing of the party that will be just like the freedom caucus that will block things in committee. block things from going to the floor and both republicans and democrats are trying to stop those wings. party. >> bill: i thought we were the problem solvers. i thought smith and hemmer could do that. race forward for georgia governor. this is -- i did the math. 58,150 votes. i do believe that's correct. >> sandra: good job. >> bill: staci abrams isn't happy and she has leveled some pretty accusatory barbs against her opponent. you will hear from her on msnbc and we'll her that. >> was the election in georgia a free and fair election? >> it was not a free and fair election. it was not fair to the thousands put on hold with their registrations. brian kemp oversaw for eight years the systematic and systemic dismantling of our democracy. there could not be free and fair elections in georgia this year. >> in georgia we have secure, accessible fair elections. we make it easy to vote, hard to cheat. we check citizenship and require people to show a photo i.d. when they vote and verify this information before people go on the voter rolls. this is just political rhetoric. that's in the past. i'm moving forward and looking forward to governing our great state. >> sandra: strong accusations. >> bill: how do we sort through this? >> she wants to run again for some statewide office and she didn't want to let her supporters down. the relish yu. if you had a problem with the way elections were set up in the state you should have made that an issue before the results came out. instead they want to complain after the results are out. a lot of this stuff is done on the county level. although the state has official control of it, most of these county officials control this and then report it back to the state. >> bill: her essential argument you purge the voters and they were people who would come out and vote for me. >> a losing candidates has a responsibility to uphold democracy. i understand she wants to rally her supporters and run again. you can say that without calling democracy into question in georgia. the fact is the laws they're talking about here were passed by democratic and republican leather. she has to play by the rules. if she doesn't want to do that she undermines the ability of the system to function in that state and harms her people. >> a couple things here. we need to remember they actually -- i believe her campaign manager said there were 21,000 provisional ballots yet to be counted. 20,000 to go to an automatic runoff. there were calculus if they held on long enough they would trigger a runoff. the numbers are not on her side. >> bill: we did go to our research brain room and said if you don't respond to a notice and make contact with election officials could -- if you don't vote or make contact you could be purged from the vote roles and the process takes seven years. >> provisional ballots is a different issue. challenges with the actual voting machines itself. interestingly enough former president jimmy carter governor of georgia way back in the day and famous for his election monitoring across the world said he had concerns surrounding the functionality of elections in georgia. i think a lot of this surrounded over the fact that kemp, whether he did or didn't do his job the optics were bad he was secretary of state. >> how? most of the counties report to the state. not like the state is adding all of this up. the counties -- >> as a former legislator the state legislature has a lot more to do with the issue than -- because he is purportedly the person that has oversight over elections. the folks at home maybe don't know the nuances. i think that's what they're trying to say. >> the majority of american people understand it was a heated election. one candidate lost and have to accept the results. >> time to move on. >> sandra: thank you all. have a great holiday. >> problem solvers here. all eyes on the dow. check it out. how low will she go? we were lower earlier. >> sandra: it's back a couple hundred points. >> bill: let's rally. >> sandra: new york city mayor deblasio wants even more government control? why he is now citing his, quote, socialist impulses. we have the money man charles payne here. he is riled up on this and joins us next. just got rescheduled - for today. amanda needs right at home. our customized care plans provide as much - or as little help - as her mom requires. whether it's a ride to the doctor or help around the house. oh, of course! tom, i am really sorry. i've gotta go. look, call right at home. get the right care. right at home. hi, my name is sam davis and i'm going to tell you about exciting plans available to anyone with medicare. many plans provide broad coverage and still may save you money on monthly premiums and prescription drugs. these are affordable, all-in-one plans that help pay for doctor visits, hospital stays and emergency care. but they also include prescription drug coverage. in fact, last year humana medicare advantage prescription drug plan members saved an estimated $6,900 on average on their prescription costs. call a licensed humana sales agent or go online to find out if you could save on your prescription drugs. this plan delivers coverage for the three things you may care most about; prescription drug coverage, doctor visits, and hospital stays. plus, potential cost savings on your plan premium. humana has a large network of doctors and hospitals. so call us, or go online to find out if your doctor is part of the humana network. ready to learn more? 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( ♪ ) >> bill: dow is down and a lot of it is with facebook. making money is charles payne. facebook is the beginning. zuck has issues? >> they have business and image issues. people stopped using facebook and instagram slowing down and they don't have a third act and how they botched everything they've been involved in. internally how looks like some finger pointing going on. could see sheryl sandberg exit the company. unthinkable. the idea she was brought in to be the adult supervision in the room. a company in complete disarray and to borrow a term. zuckerberg has declared war against everyone in a desperate attempt to right the ship. >> bill: are you looking for a horse head on the bed? >> a few people in the company already have one. >> sandra: facebook is one of the companies everybody is talking about. a lot of technology names are selling off leading to the broader stock market sell-off we're seeing, another one today, dow down 428. >> that's interesting. a lot of things, not just one thing. all of these things equal one thing. the bias and emotions on the market are negative. bad news is bad news. good news is bad news. companies that reported earnings today i saw retailers great numbers, initially moved up, now they're down. we need to look at a wider perspective. apple and amazon are up for the year. there are up for the year. the ones in trouble like facebook and maybe goog else have a weight on the market. what we talked about before, the federal reserve i've been worried about. they triggered the october sell-off. we don't know what will happen with them. have we gone through a peak earnings period with the stock market? it will be hard to match the earnings we saw in the third quarter. slowing economy. >> sandra: how much of this is the democrats winning control of the house? since mid-term election day the dow lost 4%? >> i think it's the tone. the very next day the market was up. but since then the tone of democrats who have declared war on president trump i think have been a real negative wave for the market. i think americans want to see legislation, not more investigations. they don't want to see maxine waters spending a lot of time digging up dirt on deutsche bank when people are trying to live their lives. >> sandra: thank you very much. many calling it one of the best nfl games in recent history. if you missed it, boy, did you miss a lot. >> 73 yards! >> sandra: on epic monday night football match-up. we have the 24/7 crew. >> what a football game. highest scoring monday night football game ever. it ended later than my bedtime. 773 monday night football games. 105 points in this one. the rams win and score last and win 54-51. this was supposed to be a super bowl preview. this reminded me of last super bowl on steroids. no defense at all. when i say steroids the score, not the players in that situation. you have to point that out in the nfl. you look at the record numbers. first time both teams scored 50 points in an nfl game. which means the chiefs became the first team ever to score 50 points and lose. they combined for 14 touchdowns, bill, one more than the buffalo bills have scored the entire season. there are four lead changes. >> sandra: records broken all over the place. >> bill: you stayed up? what time did it end? >> after midnight eastern time. my dad said it was like watching ali/frazier. >> we'll have to wait and see if next year's white house correspondents will be entertaining. there won't be any comedy portion next year. the comedy portion is usually pretty polarizing. everything came to a head last year with michelle wolff criticizing sarah huckabee sanders. next year a historian will be speaking that inspired the broadway musical hamilton speaking about the importance of the first amendment. michelle wolff tweeted about this. she is not impressed and said the white house correspondents association are cowards. the media is complicit and i couldn't be prouder. she thinks that the correspondents association is caving to something. >> sandra: no comedian. >> i think it could prove to be controversial. the president has been accused of attacking the first amendment. the speech will be exclusively about the importance of the first amendment. so depending how the historian focuses his speech. >> sandra: correspondents association is responding. michelle wolff got her say in. as we celebrate the importance of a free and independent news media to the health of the republic. >> i think it is good they avoided the comedy. it's good when the president is there. the president goes after the media and without president trump there it is a one-sided attack. >> bill: the historian wrote a great book on grant. crisis at the southern border taking a new turn after a federal judge blocks president trump's changes to asylum regulations. we're live from he tijuana, mexico with the latest on that today coming up. even pet hair, with ease. but what about cleaning above the floor? 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(bright percussive music) >> sandra: fox news alert on court action in the caravan crisis as fallout from a federal judge's ruling is seen. welcome back to "america's newsroom," i'm sandra smith. >> bill: i'm bill hemmer. a federal judge blocked the trump administration from denying asylum to migrants who cross the southern border illegally. this as the department of homeland security says more than 500 criminals are in the latest caravan and that is a real concern for border patrol. >> from the very beginning this caravan has been different not only just because of its size, but because of the violence, the criminal elements in the caravan. the use of force. and then the messaging of the individuals in the caravan. >> sandra: william la jeunesse is live in tijuana, mexico. william. >> let me show you what the administration was trying to do. the port of entry, these people are in line illegal immigrants trying to get into the united states. the line right now in this port about 3,000. the united states will take 30, 50, maybe 100 a day that they have the capacity to process. the judge says you can't do that. basically illegal immigrants have the right to cross into the united states anywhere they want and claim asylum. the administration sounds like they will appeal that. timing is important because there are thousands of central americans here at the border and more in the pipeline who are ready to enter the united states. once this word gets out, likely there will be more. i have video of a church in phoenix where ice is already releasing people as a safety valve sending people to this church in 10, 20, 30, 150 right now. some coming straight from border patrol. >> we have food ready for them. first it got hard to get used to them. they haven't eaten for days. >> this judge appointed by president obama says you can't deprive them of their rights. congress gave the president broad authority to limit or even stop the entry of aliens into our country. further, asylum is a discretionary benefit given by the executive branch only when legal conditions are met and the exercise of discretion is warranted. what does it mean here in tijuana? most immigrants get their information word of mouth. yes, they will listen to the activists helping them and the lawyers who are teaching and coaching them. but they are also going to listen to the relatives in the united states what comes next. many were lining up for work fair yesterday to stay here in tijuana and work for a while. now with this ruling, sandra, it's very possible they're simply going to find an easy spot along the border, likely east of here in the mountains and try to cross. secretary nielsen will try to rally the troops. this is frustrating to the border patrol. 10 years ago only 5,000 people claimed asylum. last year 97,000. i can tell you already apprehensions in the rio grande valley have doubled this year. it remained unabated no whats what the administration is attempting to do has not affected the flow. >> sandra: william la jeunesse reporting from tijuana this morning. >> bill: washington attorney responding to the "washington post" report vancouver trump used a personal email account for government business a year ago. citing people familiar with the review of her correspondence saying it may have violated federal rules. the spokesman calls the report misinformation being pedaled. white house chief correspondent john roberts live on the north lawn with more. let's run it down. >> good morning to you as well. first of all ivanka trump dosage for the early part of her tenure she did use a personal email address not server, personal email address to conduct some white house business. you will remember during the 2016 election campaign president trump made hillary clinton's use of private email on private server a central argument in the election campaign. ivanka trump's legal counsel says her use of private email is night and day compared to clinton. a spokesman saying she did not create a private server in her house or office. never classified information transmitted. the account was never transferred or housed at trump organization. no emails were ever deleted and the emails have been retained in the official account in conformity with records preservation laws and rules. ivanka trump's representatives say her use of personal email was benign saying ms. trump sometimes used her private account almost always for logistics and scheduling concerning her family. ivanka trump was unaware of the rules with private email use when she first came to the white house 14 months ago when an issue was raised about jared kushner's use of a private email address and their joint account. she reviewed her use of a private email with the white house counsel and also explained it to leaders of congress. but no question, bill, this is going to give democrats yet another issue to take on when they take over the house in january. >> bill: another story here, the white house will not seek to revoke jim acosta's press pass but changing the rules for the next press conference. what's that about? >> a quick recap. after a press conference here on november 7 where jim acosta got into it with the president the white house pulled his hard pass. it looks like this and allow us to get into the white house complex by swiping it. it was ordered restored by a court last friday. the white house then sent acosta a letter saying we want to revoke your pass. give us a reason why we shouldn't and we'll give you a decision on monday. yesterday at 3:00 the white house said they were going to fully reinstate jim acosta's press pass but they were also going to put out new rules of conduct for the press which includes ask a single question at a press conference and yield the floor. follow-up question or questions may be permitted. where allowed and asked the questioner will then yield the floor. yielding the floor includes physically surrendering the microphone for use by the next questionnaire. violation could result in suspension or revocation of your hard pass. the white house got dinged by a federal judge kelly last friday for not giving acosta due process. the white house now believes it has given everyone fair warning. be respectful or you will be out, bill. >> bill: john roberts from the north lawn. >> sandra: for more on this on the new rules for press conferences chris stirewalt joins us now. good morning and happy holiday week to you. are these new rules, are they going to work? >> well look, you've heard it said before you cannot legislate morality. neither can you legislate decorum. the opportunity is clear here for reporters who want to grandstand and make a show of it and maybe they will get what jim acosta got. maybe they will be on the front page for a week and all of this attention. so if you want to act out and you want to do this stuff, these rules actually for people who have the wrong idea these rules give people a way to violate the rules and get tagged and get in a public fight with the white house. >> sandra: are you suggesting that the rules that the white house is implementing here could backfire and cause more of these jim acosta-type moments? >> it's possible but i also think that the white house thinks it benefits from conflicts with acosta. if you try to say the media is the enemy of the american people. who would you rather talking about, john robert and the 99.9% of correspondents who abided by rules like these and didn't need to have rules what decorum looks like, what those things are about. they didn't need those rules. they -- these rules won't affect them. the white house advantage when they can point to people who act like jim acosta did and this is what we're talking about saying the press is the enemy of the people. >> sandra: a lot of talk since mid-term elections about 2020 and there are reports that beto o'rourke's supporters want him to run for president. is it in the works? >> i don't know if it's in the works but he will get a good look. he did not win in texas but he did remarkably well for a democrat running in texas. he raised all of that money and certainly he became the democratic heart throb for 2020. you could feel the energy around him. the candidate like this charismatic, younger, inclusive message. this is where democrat's heads are and quite liberal. so this could be what democrats are feeling. and it is so early in the process and you know the old saying, republicans fall in line, democrats fall in love. if you are looking for a candidate who democrats might swoon for in the same way they swooned for barack obama in 2008, o'rourke has to be on the list. >> sandra: interesting you should say that. i'll give your voice a break when i go to this in "politico". how the beto bubble could burst and talks about him being the hottest thing on the left since barack obama. he has -- this is the candidate who can beat trump. this is obama 2.0. the next sentence in that piece is very important, however. he goes on to write but before o'rourke announces a presidential run step out of the echo chamber and says the hype doesn't tell the whole story. he warns this, too, could expose his weaknesses. >> of course. whoever gets the democratic nomination is going to go down before they go back up, right? it always happens. early hype, collapse and then the restoration. look, there will be 20 or 25 credible democrats running for president in 2020. if you asked me today is it impossible or improbable that when we get to new hampshire we won't be talking about the o'rourke come back? he is the kind of candidate that if democrats are going to -- republicans are difficult to win over. difficult to convince. when democrats go, they fall hard. and he is certainly the kind of candidate they could fall hard for. along the way there will be soul searching and they'll tear him down and build him up. >> sandra: he is seen as a rising star in his party. for his part he told some of his closest associates that all options are on the table including possibly a presidential run or another campaign for senate. chris stirewalt, thank you, have a wonderful holiday. >> happy thanksgiving. >> bill: a little hot tea for him. check on the dow. we're coming back is what i'm telling you right here. amazon was trading lower by $100 a share. it is now back to even. >> sandra: it's only 11:00 a.m. >> bill: what i'm saying, what you are saying is there is a chance. yes, there is a chance. a lot of pressure right now on technology sector getting hammered. negative news out there. investors starting to take it in. see how we'll do with the holiday shopping season upon us. >> sandra: it is not over yet. >> bill: correct. not even noon. >> sandra: holiday-shortened waex there is bigger swings in the market. something to keep in mind as we watch another big sell-off for u.s. stocks. >> bill: 12 past. fox news alert. crews in the california fire zone are racing against the clock to find more victims before the heavy rains move in. what those rains might trigger coming up. >> sandra: a federal judge blocking the asylum ban against migrants entering the u.s. illegally. what's next over the big legal battle over immigration? >> we have to look and we have to say that what this president is doing is extraordinary compared to his predecessors. he is trying to solve a problem that has existed my entire career. n the world is now an information superhighway. 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and how does this change things? >> well, look, i think everyone can agree there is a need to bring order to what is a chaotic situation at the border and it should be the policy of the united states to do whatever it can to channel migrants, asylum seekers to designated points of entry rather than crossing rivers and deserts. this isn't a total surprise. the administration is making an aggressive interpretation of the law and litigating in what has not been a favorable forum for this administration, federal court in california with a possible appeal to the ninth circuit. at the end of the day the district court's ruling in this situation doesn't surprise me a huge amount. >> sandra: this is the next step in a long battle over immigration. so where does this take this and where do we go next? >> absolutely. i think the next stop from the administration's perspective is try to appeal the ruling to the ninth circuit. i wouldn't be overly optimistic on the administration's chances in the ninth circuit but the endgame has to be the united states supreme court. we saw a similar situation play out a little while ago with the travel ban where the administration suffered defeat after defeat in the california courts ultimately they elevated the dispute to the supreme court which ruled in their favor. i suspect that is their legal strategy here. >> sandra: brandon judd was on with us earlier talking about when the dust settles and it goes to the supreme court and what that looks like. >> we understand that these activist groups are going to file their lawsuits in friendly jurisdictions. that's exactly what happened in this case. when the dust settles and once it goes to the supreme court, if it even has to make it that far, we're going to get a good ruling and we'll find that the white house counsel knows what they are doing. just like with the travel ban issues. >> these are critically important issues that would interest the supreme court. we have to keep in mind from the supreme court's perspective they aren't looking the get into the immigration business every term. there might be a bit of fatigue and let the issue percolate in the lower courts. from the president's perspective he is not patient. he wants the supreme court to get in to decide this. it doesn't look like congress will be doing anything in the near future to change the law. >> sandra: senate democrats have filed this lawsuit as you know challenging the appointment of matthew whitaker as the acting attorney general. jonathan turley said this earlier. >> this judge is on good ground. president trump is essentially rewriting a critical part of the immigration laws unilaterally. what i find interesting is that many of these groups applauded president obama when he was doing it. so i think what is clear if anything is hypocrisy has no borders. >> sandra: that's interesting. that's jonathan turley weighing on the immigration debate. he says the problem is really going to be when it comes to these democrats fighting the ablgting a.g. and appointment of whitaker, the problem will be whether the senators have standing to bring their case and three senators will be deemed who are the people to be heard on this case. where does this go? >> a great point. you have a lot of cases where people, senators, congressmen have an interest. institutional interest in something. but the courts will nonetheless say we won't hear that dispute because we don't think you have a dog in this fight. we aren't here to resolve political disputes. that's the first hurdle. i think this dispute is about protecting bob mueller and why this lawsuit is being brought. they basically want to be in a position to lay a foundation to say if whitaker tries to rein in mother he was illegitimately appointed and should have been recused because what he said about mueller in the past. everything needs to be looked like it's an effort to build a wall around the mueller investigation. >> sandra: thank you, good to see you. >> bill: fox news alert. shooting in a hospital leaves four dead including a police officer and beloved doctor. facebook under fire from a number of directions. the social media giant's latest controversy is coming up next. to look at me now, you don't see psoriasis. you see clear skin. you see me. but if you saw me before cosentyx... ♪ i was covered. it was awful. but i didn't give up. i kept fighting. i got clear skin with cosentyx. 3 years and counting. clear skin can last. see if cosentyx could make a difference for you. cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me now. i'm still clear. how sexy are these elbows? 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"the new york times" is reporting that facebook and the senate minority leader chuck schumer might have a relationship affecting these things. their report alleges that schumer told senate intel ranking member mark warner to back off facebook where schumer's daughter works and where executives are donors to the schumer campaign. now it's said schumer has said this: schumer has worried that facebook would bough to pressure from republicans who opposed the purging of fake accounts and botts and urged senator warner to make it a priority in theron going investigation of the company. less reason to worry about russians or anybody else using facebook for nefarious purposes this morning. for a couple of hours facebook and instagram were down. >> bill: more to come on that. peter doocy in washington >> sandra: we may get an official report on the death of jamal khashoggi today as president trump faces growing pressure to get tough on saudi arabia and there is backlash brewing here and overseas. >> bill: getting a real scope of the devastation from the wildfires in california. rain threatens to bring another disaster today. we'll get an update from the fire zone today. >> i'm trying to stay as strong as i can for them. it is hard to do. i want to break down, find a new place, but it is really hard. ist -- it is really hard. >> sandra: fox news alert on the california wildfires, crews working against the clock searching for any victims before heavy rains are scheduled to move in. now new threats of flash flooding and massive mudslides. 82 people confirmed dead statewide. 700 still unaccounted for while survivors are returning to their homes or what is left of them. >> as of right now we're just making it day-by-day hoping that we can get back up to our property and start to rebuild our lives again. >> no, life is very hard especially with the little ones trying to keep them happy and healthy and fed. >> sandra: claudia is live in chico, california for us now. >> as you mentioned evacuation orders are now starting to be lifted in some areas around paradise but many shelters, including this one here at a church in chico, remain full and now officials are worried about the heavy rain that is expected to roll into this area tonight and into tomorrow. fire crews and utility workers are still trying to clear away downed power poles, burned trees and other hazards. a big downpour could impede that. with a flash flood watch in effect search teams have intensified their efforts to find bones or bone fragments before the ground and ash turn to mud. they're focusing on burned out cars and bathtubs and mattress remnants that used to be inside homes and could contain human remains. about 700 people are still listed as unaccounted for. another big concern is getting students back to school. last week california governor jerry brown toured a burned out school in paradise. many kids were at school when the camp fire started. now some 5,000 students are homeless along with hundreds of teachers. >> we have probably 500 to 700 teachers without a home. it is just shocking. i've heard of a school where all 43 employees lost their home and they have to come back on the 3rd and work with kids. i've reached out statewide to bring in fresh people to help them organize that. help them out. >> with schools wiped out along with thousands of homes taylor is working to bring in temporary portable classrooms and grief counselors, everyone in this school system has been traumatized in some way. schools here in butte county set to resume in two weeks on december 3. many who have been in a state of shock since this fire began back on november 8th say some kind of routine will, in fact, be a welcome change and the beginning of a new normal. >> sandra: amazing challenges those communities face. thank you. >> bill: president trump saying an official report on the killing of jamal khashoggi could come as early as today. this after several published reports saying the c.i.a. concluded the saudi crown prince ordered the killing and pressure mounts for the president to take a tougher stand against saudi arabia. here is what he said to chris wallace on sunday. >> bill: did mbs lie to you, sir? >> president trump: i don't know. who can really know? i can say this. he has many people now that say he had no knowledge. >> bill: do you live with it because you need him? >> president trump: will anybody really know? he had people that were reasonably close to him and close to him that were probably involved. >> bill: former c.i.a. chief of station and fox news contributor out of london daniel hoffman. >> the c.i.a. has concluded with a high level of confidence that the crown prince was knowledgeable and responsible for the murder of khashoggi. intelligence assessment won't get you to 100% for sure. but a high level of confidence does mean something. i would highlight, however, that king salman reiterated that mohammed bin salman was not in the chain of command and the foreign minister saying it was a rogue operation for which he was not responsible. at the end of the day this is over to the president to take the intelligence assessment and make a hard policy decision. >> bill: the decision in a moment. back to "fox news sunday" with more on the possibility of sanctions. >> president trump: you saw we put on very heavy sanctions, massive sanctions on a large group of people from saudi arabia. but at the same time, we do have an ally that in many ways has been very good and i want to stick with them. >> bill: indication what? >> this is a balancing act for our pollz. saudi arabia is very important for a -- we're focusing on the 2030 reforms that the crown prince is implementing. there are serious foreign policy concerns. if we were to apply mag nights key sanctions we'd risk ruining the relationship. the saudis talked with the russians about purchasing military equipment including the s-400 air defense system. >> bill: you were saying it is the president's decision clearly but encourage him not to rush that decision. take us through that, daniel. >> right. i think in the near term the president has nominated general abizaid to be his ambassador to riyadh. i know him well. he have is an extraordinary expert on the middle east. i would strongly encourage the congress to confirm general abizaid before any decision is made so he can be part of the discussion. he will own the results. he will be setting course for our foreign policy from riyadh and we need him to be part of the process. >> bill: last question on this. you've heard outrage on behalf of republicans and democrats on the hill. what comes of that level of pressure, daniel? >> well, i think here is one time where we've got bipartisan agreement, as you noted, outrage over the murder of khashoggi. we're seeing it as well from our european allies france and germany who halted military sales to saudi arabia. i think the president can use it to his advantage ation he deals with the saudis and concern in the congress about the murder and use it for leverage of maybe the saudis being more transparent and taking measures going forward that might satisfy the congress. >> bill: thank you for your analysis on that. we'll see if the report comes today. >> sandra: officials warning people get to safety fast after a volcano. >> bill: thousands of migrants move closer to the u.s. border with mexico. texas a.g. ken paxton is live next coming up on that. managing my type 2 diabetes wasn't my top priority. until i held her. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours for powerful a1c reduction. tresiba® is a long-acting insulin 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. i found my tresiba® reason. find yours. ask your diabetes care specialist about tresiba®. there lots of people who are confused about which medicare plan is right for them. hey, that's me. i barely know where to start. well, start here with me, karen. i'm a licensed humana sales agent. well, it's nice to meet you, karen. i'm john smith. hi, john. at humana, we know you're unique. so you have different needs from other john smiths. yah, i've always thought so. and together, we can find a plan that's right for you. great! i go to the doctor a couple of times a year. and i have some prescriptions. but i'm never fully sure of what's covered and what's not. with humana's all-in-one medicare advantage plans, you get coverage for hospital stays, doctor visits, and part d prescription drug benefits. all for an affordable, and sometimes, no monthly plan premium. do you have any more information? sure. i'll get a decision guide in the mail to you today. they're free. finally. someone who understands the real me. your health and happiness is important to us. call or go online now to get your free decision guide. call a licensed humana sales agent today. >> sandra: the pentagon will start drawing down troops from the southern border as early as this week. military officials saying the troops should be home for christmas but not ruling out redeployment saying we may shift forces the other areas of the borders to engineering support missions m california and other areas. we're joined by texas attorney general ken paxton. good morning and thanks for coming on. can you add anything to what we are being told on these troops at the border and heading home? >> these troops were not sent there to detain or stop entry of illegals. they were went there for building barriers to entry and providing logistical support. my understanding is they've done a good portion of that and so after they finish it the point of them being down there is gone. >> sandra: when you say they've done a good portion of that. you talked about barriers. what more can you give us as far as details what the troops were able to accomplish during their time? >> my understanding is they've completed about 75% of what they were trying to complete in building barriers to entry such as concrete barriers, some of these fences that they put up. shipping containers. they've used various methods to stop illegal entry. i think they've completed about 3/4 of that job. >> sandra: according to the report some troops will begin leaving the area before the migrant caravan arrives at the border. does that sound right to you? >> it doesn't surprise me because they were never brought there to detain or be a part of stopping people from crossing illegally. that's border patrol. we have border patrol is ready to do their job. that's their job. the military was sent there as backup and logistics and building these barriers to entry. >> sandra: because specifically the troops that they're talking about here are engineer and logistics troops to your point. meanwhile bob dean is the executive director for the american immigration report on fox news last night and made this big point, watch. >> mexico has not enforced its southern border. they have caravans and chaos throughout the country now throughout all of mexico. a concentration of it in tijuana. now you have the tijuana mayor who doesn't think much of this and you can't blame him. even on the best of days tijuana is a tough town and dealing with migrants. point of all of this is secure borders and regulated immigration is not just an american idea. it is a worldwide standard and it works. >> sandra: while we're talking about troops heading home before christmas, possible redeployment there is still a caravan of immigrants heading towards the u.s. border. so what happens next with all this as bob dane makes the point about immigration and rule of law? >> he is right about creating a mess in mexico. they've done that. they should have enforced their own borders. some of -- i think some of these people have quit. i think we'll see smaller numbers than they originally anticipated. they will make their way to the border at different times. i really believe we're prepared for that better than we've ever been prepared. i think we'll do what we need to do. the new asylum policy will slow some of the immigration down and i think it's sending a message to people from these countries it will be a lot harder to make your way to our country. >> sandra: more prepared than we've ever been. what does that look like? you suggested they will make their way to the border at different times. how do we as a country, how do we at the border handle that, ken? >> well, i think the president is doing a pretty good job. we have border patrol in place to do that now. they've been doing it and will continue to do it. they do a great job. i've spoken to many of the people and prepared to do their jobs. in the past they haven't been given the authority to do their jobs. under president trump they've been given that authority and he sent the message to these countries you are not going to cross illegally into our country and i think it will help as we go forward. >> sandra: and this as we continue to learn more about the makeup of that migrant caravan. there is still a lot. that's the hard part about this. a lot we have not known along the way. but certainly we've seen them make this trek, this dangerous trek, long trek, long journey toward our border. seems to be coming soon. final word. >> you're right. we don't know a lot about these people and one of the frustrations we deal with in texas all the time. we've had these policies we bring people in and we don't know who they are. their background. whether they're terrorists or committed crimes. we don't know really where they're coming from. they've made the trek but don't know much about them. a concern certainly for my state and law enforcement. >> sandra: ken paxton, thank you. >> bill: a soon to be democratic house majority could push for healthcare reform and could look like medicare for all. but what about the fine print for such a law? dr. marc siegel will tell us what that's all about coming up next. it lets you borrow up to 100 percent of your home's value. the newday va loan lets you refinance your mortgages, consolidate your credit card debt, put cash in the bank, and lower your payments over 600 dollars a month. call today. and get the financial peace of mind every veteran deserves. go to newdayusa.com, or call 1-877-806-8332. this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. i am a techie dad.n. i believe the best technology should feel effortless. like magic. at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. >> bill: with democrats taking control of the house in january taxpayers could see a major push with more government control of healthcare. what does medicare for all look like? marc siegel is here. what is the big thing on this? >> the big thing is expense. first of all we're talking about $32 trillion over 10 years to transition according to the urban institute which some call a liberal think-tank. you have two forces working on this. bernie sanders in the senate and in the house from seattle. i have to be careful what i say here. this is not only very expensive but taking a wrecking ball to the current healthcare system which works for many. employer-based healthcare that covers 170 million. some people say i don't want that job but i better take it to get my healthcare covered. that's a big deal and working since the eisenhower years. you have a job killer in place if you get rid of it and expensive. one size fits up. phraser institute pointed out a year or two ago in a mange or study there is a 20 week wait for elective surgeries in canada. >> bill: both bills would virtually get rid of private and employer-sponsored health plans that now cover 180 million americans? >> absolutely. not only that, it would get rid of traditional medicare, medicaid and medicare advantage would go. the current medicare system would be replaced by a one size fits all. no co-pays or deductibless. you have your card and get your healthcare. who will provide it? in the doctor's office we don't like big insurers or big government. this is replacing one with the other. there is no reason to believe access to healthcare would improve. >> bill: you mentioned canada. there will be comparisons to what is happening in great britain. a lot of people in england like the system. a lot of people in our country don't like the v.a.. fair compareson? >> britain rationing care, they will be rationing care here by the government. the v.a. is a great example. that's what the v.a. does. single payer and we've been reporting for a couple of years long waits, can't get in to see a doctor, procedures not available. rural areas don't have the healthcare they need. that's a problem that the v.a. is trying to address. we're going to see the same thing. medicare for all is not the same as current medicare. as you just pointed out the employer-based healthcare system, the backbone of our healthcare system, will be disintegrated. we'll lose choice. what about choice and competition? >> if everything that you've said is so negative toward the possibility of having a program like that, why is there gathering steam or gathering support on the left for it? >> because it's political. politicians like to say there are 30 million not covered. let's cover them. so they want big grandiose gestures. you look at australia which has medicare for all and it works but guess what? it started for medicare for all many years ago and private insurance is built on top of it. the backbone of our system is private insurance. doctor/patient. talking to a physician who doesn't believe it will improve quality, choice or competition. >> what does it do to innovation? >> you made a biggest point of all. we have great exciting treatments now coming out that medicare is already struggling to figure out how to cover. you might not be able to get the cure of the future for your lymphoma or get the robot that you need for your leg being amputated or the art ishl intelligence. how will you get a one size fits all insurance to cover something that works for you and doesn't work for me? genetic therapies? you can't do it. it is the wrong way to go. big insurance one size fits all is not going to go. not going the pass. >> sandra: the hunt is on in san francisco for an arson suspect caught on tape. surveillance cameras capturing the man carrying a red and white backpack walking to the back of the store. opened a package of toilet paper and took something out of his pocket before walking away. then a fire broke out. the owner in business for a dozen years says nothing like this has ever happened in his store and doesn't understand why someone would do this. meanwhile is crisis at the southern border unfolding with thousands of migrants seeking entry into the united states. what's the next move for the president after his asylum policy is struck down in court? more on that coming up. with two swappable batteries, at maximum suction the shark ion f80 has more run time than the dyson v10 absolute. or, choose the upright model for whole home cleaning only from shark. - [narrator] this is an urgent message from the international fellowship of christians and jews. there is an emergency food crisis for elderly holocaust survivors in the former soviet union. - this is a fight against time. what we're dealing with is coming out, meeting someone who's 85, 90 years old, can't get around, has no food, has no water, and just wants to give up and die. and that's where we come in. we are called to comfort these people, to be a blessing to their lives. - [narrator] for just $45, we'll rush an emergency survival package to help one desperate elderly jewish person for a month. call the number on your screen right now. - in ukraine, there's no support network. they don't have food cards or neighbors that come in to help. they're turning to us because they have nowhere else to turn. - [narrator] you can send a lifeline to them during this high holy season of hanukkah. please call right now. - what i pray is that you won't turn your eyes but you will look at their suffering, and your heart will be changed. - [narrator] for just $45, we'll rush an emergency survival package to help one desperate jewish elderly person for a month. call right now. - [yael] god promises to bless those who bless israel. may you be blessed as you bless his children. your digestive system has billions of bacteria but life can throw them off balance. re-align yourself with align probiotic. and try new align gummies with prebiotics and probiotics to help support digestive health. >> bill: if you had to choose between peas or carrots, would you choose? >> when it comes to this? it would be carrots. it would be carrots. to be know if that's peas or carrots? >> bill: do not. i let carrots too, by the way. i support that sent the mike decision. >> sandra: so, peas or carrots made an appearance in the white house briefing room a short time ago. one of the lucky birds will be pardoned. >> bill: yep. good luck. [laughter] >> sandra: okay. it >> bill: that's about it. >> sandra: that's all you got? that's it. thank you for joining us. we will see you again tomorrow. "outnumbered." a >> bill: i hope you get a drum. >> melissa: fox news alert, the trump administration responding after a federal judge blocked new rules denying asylum immigrants to come into the united states illegally. the administration saying that they will fight this ruling. this is outnumbered, i melissa francis. here today is harris faulkner. fox news contributor, katie pavlich. fox news contributor at jessica tarlov, and joining us on the couch today, the host of "bulls and bears" on the fox business network, david as unpaid he's outnumbered, but not really. because there are some bears on wall street today! >> harris: apple is a bear today! >> david: it ain't good, it ain't pretty. >> harris: i can't count as big as you can

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