protected status for seven years under the obama administration, the leader finally getting answers, joins us live. ♪ welcome to "fox news @ night," i'm shannon bream in washington. new tonight, capping a week which began with the state of the union address and about to close with the release of that controversial surveillance memo, president trump appears to be going on offense against his critics. these new comments coming in just a short while ago speaking at the rnc winter meeting right here in washington. >> the name is resist, that's all they do is resist. i don't know if they're good at, they can't be too good at because we are passing a lot of things. >> shannon: those comments directed at democrats but they white house is poised to further infuriate its critics with the release of a memo of alleged surveillance. ed henry joins us that story. >> breaking tonight, two sr. republicans are pushing back at reports that this republican memo will not live up to the hype that there are four separate explosive revelations about surveillance during the obama administration that have not yet leaked out ahead of the expected release. if that turns out to be true, it will be a vindication for republican devin nunes who suggests that this demo reveals abuses of the fisa law dating back to the obama years. a lot on the line as you saw house democratic leader nancy pelosi today called on speaker paul ryan to remove him as intelligence chairman, charging his actions have been a dangerous attack on law enforcement all meds to help president trump politically. a senior white house official suggested the president is going to tell congress he does not object to the public release of this memo. then it would be up to the house to release it to the public. the top democrat on the panel has been very outspoken, he pushed back on the claim that he made only minor grammatical fixes to the original memo before sending it to the white house. the democrats charging it was secretly altered to tar both the fbi and the justice department. that was a claim that was hotly disputed by various republicans today including speaker ryan who seemed to give him some cover. >> i think the fbi is exactly right, this memo is a spin on not just a set of particular documents but broader classified information on that. that's because of serious and material omissions is inaccurate and gives a very misleading impression. >> this memo is not an indictment of the fbi, department of justice, it does not dip you and the molar investigation or the deputy attorney general. it is congresses legitimate function of oversight to make sure that the fisa process is being used correctly and if it wasn't being used correctly, that needs to come to light and people need to be held accountable. >> the former fbi director james cone he went off on twitter and voting writing all should appreciate the fbi speaking up, i wish more of our leaders would, take heart, american history shows in the long run, weasels and liars never hold the field. so long as good people to stand up, not a lot of schools or streets named for joe mccarthy mccarthy. the mention of the fbi speaking up is an apparent reference to the statement put out by his success for, the current fbi director that the memo should be kept under wraps. cnn today claimed that he was threatening to resign if the president lets this memo go public, nbc news knocking that down is false. we should note the people who have seen this memo have told us privately that james comey may be implicated all of this which might explain his fiery tweet. >> shannon: we will debate that coming up, the case of this top-secret memo has captivated washington and dominated media coverage. join us now is hogan ghibli, special assistant to the president. let's talk about this memo. their accusations late last night, breaking as this show is going on. there are alterations to the memo before it went to the white house, questions about whether the white house had anything to do with it, what can you tell us. >> we had nothing to do with alterations, it was generated in congress, sent to the white house. the president takes very seriously and he meant with the relevant stakeholders, people in the white house counsel, also on the national security team, they found the next steps, we are moving into the final stages of that up with the president hasn't made a decision yet. >> shannon: everyone things were going to see it tomorrow. >> there is a process in place and the president would never do anything to put the american people at risk or harm our national security in any way. that's why the process takes so long, there is a five day window with the president has to go through the document. he did that with the team and they will make a decision soon. >> shannon: how was the statement received at the white house? the fbi was provided a limited opportunity to review this memo the day before the committee voted to release it. we have great concerns about material omissions of fact that fundamentally impact the memo's accuracy. >> this is coming to us already finished. whatever squabbles they have in congress, whatever the fbi is saying they did, that's up to them. we are doing exactly what we were outlined to do by law to make sure it protects the american people. if it does get declassified, there is nothing in there that would harm this nation. >> shannon: i want to read a couple of analyses and give you a chance to respond. from cnn, president donald trump continues to tell his associates he believes the highly controversial republican memo alleging the fbi abuse could discredit the russia investigation, multiple sources with the white house discussions and said to. do you think the memo is going to discredit the molar investigation? >> i'm not going to get ahead of anything the president is going to say. he has read the document, he has poured through it meticulously meticulously -- this is important not just for what occurred, the president has been very clear. obviously he supports the rank-and-file members of the fb fbi. he believes they are hardworking and deserve our respect and appreciation. it's obvious at the senior levels that reports have shown some serious biases against the donald trump and four hillary clinton during the investigation. that's troublesome. he's all about transparency, he wants these things to come out. he believes that sunlight is best in this situation. >> shannon: cnn saying that trump is frustrated with the russia investigation, the deputy attorney general, he may look for any opportunity to build a case for rod rosenstein's firing. >> i can't speak to that i haven't talked to him about tha that. this process, so many reports were brought out today of various aspects of this memo. they were all wrong. several reports saying he was going to release it before he took off today, didn't happen. we were all sitting at the white house laughing, who was saying these things? et cetera old adage that the people who know don't talk and the people who don't know talk and that's obvious today. >> shannon: let's talk about immigration, the president has made the four pillar proposal that some on the rice don't like because they are upset about 1.8 million being eligible for a pathway to citizenship who are here illegally. the left is unhappy about the wall and all of these kinds of things too. >> they are unhappy about a lot of things. >> shannon: the president spoke about this tonight and the democrats and where they are in immigration. >> president trump: the democrats are awol, they are missing in action. we are saying where are they, we have a proposal, we never hear from them. i don't think they want to solve the daca problem, i think they want to talk about it, i think they want to obstruct -- the name is resist, that's the name of their movement. resist, that's all they do is resist. >> shannon: will they find a way to meet in the middle? >> what are they resisting, lower taxes, more money in the pocket. >> shannon: i wall they don't want. >> they all voted for that wall in 2006 and 2013, the democrats are playing politics with people's lives and use all that with the shutdown. the president did a masterful job of exposing exactly what democrats are about. they want to shutdown the government, put our military at risk, 8.9 8.9 million childrent risk all to protect hundreds of thousands of people who are here illegally and unlawfully as opposed to the hundreds of millions of american citizens. that line has been drawn. present comes forward and says not only am i going to get a strong border security plan that ends chain migration, things democrats used to be for, protects our nation, gives border security what they need. i'm even going to put out 1.8 million people with a possibility for a pathway to citizenship, that's three times more than president obama offered in the democrats don't want it it's just baffling. >> shannon: we will keep watching, always good to see yo you. a contentious tax overhaul is starting to deliver in the form of bigger american paychecks. you have heard about 300 plus companies passing along benefits to workers and bonuses, one of the latest hostess giving employee bonuses, that has not stopped democrats from characterizing the cuts as crumbs. caroline joins us with details. >> it was a twofer for the president today, he he took a shot at nancy pelosi and got in a jab at hillary clinton. comments that bonuses coming out of republican tax cuts are crumbs to one of clinton's most memorable lines during the 2016 campaign where she called some of his supporters deplorable, here's the president today. >> president trump: corporations giving tremendous bonuses to everybody that nancy pelosi called the crumbs, was a bad -- that could be deplorable, when people are getting $2,003,000, let's not crumbs, that's a lot of money. >> it's one that she has used a number of times including today at the text town hall in massachusetts. there is no comparison between the trillian and a dollar tax bracket that slashed corporate rates. >> while they give banquets to the high-end, top 1% corporate america. they are giving crumbs, compared to the banquets, they are getting at high end. >> she also had this to say after the president's comments today. was deplorable are republicans desperate efforts to hide the g.o.p. tax scam behind a handful of meager one time bonuses, the casual dishonesty of taking her words out of context is nothing compared to the dishonesty of republican sales pitch on the tax scam itself. at least a 300 companies have announced bonuses, races, or that they are adding to 401(k) programs ranging from $2500 at apple, the smaller companies ranging minimum wage, . >> shannon: brand-new tweet from the president at this late hour. he said this, democrats aren't calling what daca. we have a great chance to make a deal or blame them, march 5th is coming up next. mucks to discuss with fox news politics editor chris stirewalt. where do we start here will we have a deal by then? >> the president is tweeting here and trying to advantage the republicans about whose fault is going to be. the republicans won round one of the shutdown olympics. as i have said to before, this bobsled run is not nearly done. they're probably going to be multiple shutdowns i would guess in this year. unless republicans can apply pressure to democrats. to apply pressure, they have got to pass legislation through the house and they've got to have a bill to get 50 republicans in the senate. if they can't do that, they're going to let democrats off the hook. then pressure starts to ship them i could shift back to the g.o.p. >> shannon: trump has got the democrats right where he wants them, there's a quote in there from a princeton political scientist who says that his name is nolan mccarty. if the democrats don't go along with this deal, blocking it would allow the trump administration to suggest that the democrats were willing to trade to dreamers for lottery and change migration as well as position them on soft on border security. the president has to back them into a corner. >> the crazy rhetoric that has come from some democrats talking this is racist, that doesn't help their case either. these are views that even very recently were not uncommon or were considered inhumane among democrats. there's a 70% position in america on immigration. the overwhelming majority of the electorate wants some kind of amnesty they want amnesty but they also want border security. >> shannon: they don't like that word though, may be some kind legal status, but i don't >> people in hell want ice water. the majority of americans, the overwhelming majority of americans favor favor amnesty they favor allowing these people to stay. that in exchange for more border security. it's not about the ones that are here. it's about the next wave and the whole effort in washington, this is colored by what happened in 1986 by ronald reagan. there was amnesty but then the enforcement wasn't there on the other side. that's the one that trump can deliver him, he is in a unique position to get a deal done. if his party will help them. when he was at the greenbrier today, if they will take his word to heart and let him make a deal and give him the votes he needs, and just try to suck up primary voters, they would be a big deal. >> shannon: i love the greenbrier, i'm not from west virginia. it's a great place to be. hogan is try to be cagey with us, we think were going to get it tomorrow. andy mccarthy formal federal prosecutor from the national review, he said the intelligence committee has gone about things right away, conducting oversight and carefully handling classified information so that things the public should know are disclosed without compromising vital intelligence or its sources. democrats are condemning the process and much of the media seems strangely indifferent if not opposed to disclosure. >> i think that's true, i think the larger context here, democrats started with obvious and pernicious leaking on the russia probe to try to paint the trump administration, the president as a puppet of the kremlin. that was an obvious and intentional act by democrats. republicans are now responding with an escalation. this escalation is going very obvious that the target here is impossible to miss, it's rod rosenstein. he is the linchpin of the justice department. now you got rod rosenstein, he's the guy that looks obvious that trump might like to pry him out. the memo creates different constituencies. there are civil libertarians who like the memo because it's going to make it harder on mass surveillance. they don't like mass surveillance if these people want to help them get the memo out, and there are people who are doing it for political reasons, they're trying to discredit the mueller investigation or start firing people at the fbi. pushing them out. then you have people who want clarity, they want answers. i'll tell you where i think this all ends up. i think this all ends up that everything is coming out. it's all coming out, the republican one, the democratic one, all the testimony. backup the semi and we are going to have a document deluge over the next couple of months. >> shannon: this is not the mccarthy reference by former fbi director comey. he did say the democrats memo as long as it meets the classification and requirements, that one should come out too. the fbi should write one if it has proms with either or both of these. >> i have a memo, it's a delicious recipe for ribs. >> shannon: happy friday evening. nikki haley offering a scathing indictment, also arguing that the trump administration has been tougher on russia since any administration since reagan. >> we have sent advanced weapons to ukraine, we have not lifted a single sanction on russia. in fact, we've expanded sanctions against them. we have expelled russian diplomats, i have no idea what russian expected from the american election but i've got to tell you, they are not happy with what they ended up with. >> shannon: she repeated russia is not our friend, adding they will never be if they continue their course of action on the world stage. all of this memo drama has turned into a melodrama but what about the rank the rank and file fbi? our next guests are uniquely qualified to discuss the impact this is all having on morale. check it out, trace gallagher is reporting on one of the biggest stories in southern california. plus closure in the case of one conservative group targeted by the irs for seven years. were going to talk to the lead plaintiff who you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs... you're like nothing can replace brad. then liberty mutual calls... and you break into your happy dance. if you sign up for better car replacement™, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. liberty stands with you™. liberty mutual insurance. >> shannon: former fbi director james comey tweeting out tonight his support for the fbi for speaking out. he is also invoking joe mccarthy in the process. how is the memo drama playing out? one of my next guest is well acquainted with the former fbi director, he has a former secret service agent and former nypd officer. i want to read something that came from the fbi association today. saying they appreciate fbi director standing shoulder to shoulder with the men and women of the fbi as we work together to protect our country from criminal and national security threats. agents take a solemn oath to the country and the american public continues to be well served by the world's preeminent law enforcement agency. how careful do we have to be even uncovering these things that is not decimating morale? speak of the men and women of the fbi are the finest people i have ever worked with. i say that with no reservation. my hats off to all of you doing great work out there keeping bank robbers, computer criminals off the streets. let's be clear about what happened here. a select group of upper-level management at the fbi violated protocol to spy on the trump team. spying on the trump team is not in dispute. it's all in the method by which it happened that is still in dispute that may be cleared up in the memo. what they did in our name i have a really good contact on this. >> shannon: what are you hearing about how they feel? >> i have a long history with the fbi, a deputy was an fbi agent, i had counterterrorism folks. morale is hurting right now, they are embarrassed. look at the seal, fidelity, bravery, integrity. it's a big art of their culture, they are very proud. if for upper management of the fbi to breach that trust and to conduct themselves in an unprofessional matter, there is no place for that in the fbi. they are very excited with the naming of the new acting deputy, he is a career success story. he's got the respect of the troops not just in the fbi but all the other agencies but he ran a gang task force in california with multiple agencies taking down hells angels, the bloods, the crips. he has earned his stripes and law enforcement. >> shannon: that will be an encouragement to the people you are talking with, i want to read something from a former special agent at "the daily beast" today saying this over the release of the memo, many honorable men and women should be prepared to resign to walk out over this, what do you make of that? >> a candidate for president of the united states was spied on -- to the american people understand what happened there? to spy on people using law enforcement isn't illegal, you have to get a warrant using probable cause at on a criminal case, you have to get a warrant that there is probable cause, someone is acting as a foreign agent in violation of u.s. law. i'm asking the question to the audience -- where is the probable cause, produce for me a scintilla of evidence that either one of those two things happened. a crime was committed or someone on the trump team was acting as a foreign agent in violation of u.s. law while on the trump team and advising trump, you can't because it didn't happen. the public is entitled to know. we do still live in a constitutional republic. >> shannon: do you think the release of the memo will help or hurt the restoration of american's confidence in the fb fbi. >> the public deserves full accountability, transparency, the government has to produce these type of documents so they can make their own decision. i don't know what they're memo says, i don't know what's going to be released. regardless of what the details are, the public deserves the truth. >> shannon: may be tomorrow, we will see. thank you both so much for staying with us. new developments tonight with the veterans group targeting all those nfl players, who take a during the anthem. lawmakers taking action at the big game, stick a >> shannon: a shocking viral video, trace gallagher joins us with details behind this late-breaking story. i know you looks clean it for us. >> the city of san pedro in southern los angeles county has complained about the rise in the number of homeless, some believe they have been dropped off there. when two at sheriff's patrol cars pulled up, mike oliveri pulled out his cell phone and began to video. what he captured were deputies opening the car door and letting out a manner that he says was obviously homeless, disheveled, and mentally ill. after the video was posted on social media come it stirred to some outrage especially with l.a. city councilmember who represents san pedro. he called appalling and the disturbing and immediately called for an investigation, watch. >> i'm looking for accountability in a time where we cannot pawn off mental health issues to other municipalities. >> the sheriff's department says this is not a case of dumping it's a case of compassion. deputies went out of their way to help the man. the department claims he told them his name and asked for a ride to pasadena some 25 miles away. instead, they saw he had a bus pass and took him to a bus stop 4 miles away, here's the deputy's office. >> when you are voluntarily dirt you have to be let out. he got to a particular point, he said he wanted to be let out and our deputies obliged. >> they knew he had an outstanding warrant for failing to appear but because of jail overcrowding, they rarely arrest people for minor violations. the councilmember isn't buying the whole compassion explanatio explanation. they should've taken a man to help. shooting at a middle school near downtown los angeles, a 12-year-old girl was arrested for opening fire. investigators say the shooting appears to be accidental, it's unclear where she got it and why she brought to school, a 15-year-old boy was shot in the head he remains in critical but stable condition, a 15-year-old girl was shot in the rest, we are told that she is going to be just fine. >> shannon: thank you very much. congressman adam schiff unloads on president trump during his visit to the ivy league. were going to debate his claims that republicans in congress are helping the president undermine our democracy. we'll tell you why it's sparking out outra >> shannon: the top democrat on the house intelligence committee accusing president trump of being a threat to democracy, during a speech today at the university of pennsylvania, here's what adam schiff had to say. >> the most painful realization has not been what kind of president he has turned out to beat which i think was predictable. but rather how many ..t rather how many congress will be complicit in the undermining of our democracy. that has been a bitter truth to swallow. >> shannon: david canton is a senior political writer for u.s. news & world report. i'm going to read a little bit more of what congressman schiff had to say. he said the occupant of the oval office is not a champion of democracy, the threat is now far less then the threat from within. are you surprised to see that or is that where the vitriol is no now? >> i'm not really surprised at all. i don't know what's in the memo and i don't know what's going to happen tomorrow, but i do know that the behavior of adam shift and the democrats, their insistence on covering up the information that is in this memo is not a good look for their side of the case. if there is truly nothing to hide and i think stop hiding. what i find to be more suspicious and incriminating is that the democrats and adam schiff are sticking up for the fbi at all. was it not just a couple of years ago in 2016 that they were slamming the fbi for supposed bias against hillary clinton, that was justifiable. now when republicans are raising legitimate concerns about malfeasance, it's "undermining .. spam a. >> shannon: here's what nancy pelosi had to say about the idea that the memo is good to come out. >> if he was releasing this memo he would not only be endangering our country, he would also be violating the rules of the congress of the united states. >> shannon: is that accurate, i'm no expert on the minutia of the parliamentary procedure is what i've read several accounts that said this thing is working its way through the way it should, it goes back to the committee, they can release it. is the minority with leader accurate when she says it's against the rules? >> there is a process to occur and i think that process is happening and i think it's why we haven't seen the memo yet. just playing those quotes, you can play devin nunes quotes, this whole process has become so politicized. i think if it was a tougher call a week and a half ago, at this point, everything has to be released. there is not only a republican memo, there's a democratic memo, i think you could go further and released the fisa applications so everything is out there. the american people are smart, this has been so politicized if all the information comes out, people are going to be able to make their own decisions if there was malfeasance against donald trump. if devin nunes made edits to this memo, the democrats can respond to that. until we see it, we're not going to really know. >> maybe it does clear things up and take the political sting out of it if everything is on the table for americans who are sappy, who can read through this material, it may be tough because they're going to be classified items. if there is a memo on the other side a lot of people think the lease them both. somebody who has been consistent on the issue of government surveillance is senator rand paul, here's what he said. >> i'm the government and i record thousands of your phone calls, then i'd bring it in for the fbi. if you don't describe it consistently am going to put you in jail, that would be a terrible world to live in. >> shannon: it's an argument to bring people together across the spectrum, there is an argument to be made about us in knowing more about government surveillance and how it works. >> i think transparency is necessary, rand paul described a police state in which we are not free to think and believe. i don't think anybody on either side of the aisle wants that. i think that issue has been lost in the politicization of all of this. we have been so concerned with the two competing narratives coming at us from capitol hill, the democrats who think this is a distraction from the russian investigation, the republicans who might want to distract from the russian invested investigao one wants to government to invade that part of our lives. >> shannon: do you think they can find common ground on the issue of government surveillanc surveillance? >> i would say we need surveillance in this country to protect us against terrorism and threats. in this case with the reports said as they were surveilling the trump aid. we don't know because we haven't seen what they used to get the fisa wanted to. were talking about carter page who is in the trump campaign, supposedly the russia government was trying to flip him. is that the legitimate use of surveillance? i think a lot of americans if an american was going to be turned on the other side to aid another country, we would want to surveillance in those cases. we don't want them in their private lives, i don't want government surveillance on me -- but if someone is acting in a way that might be but trailing stomach betraying the country. i think more americans would support surveillance. >> shannon: i think they want to know how it's being used. thank you both. time now for our real news roundup, taking a shot in the nfl, the georgia state senate condemning the league for turning down an ad from a veterans group. they wanted to run a police stand ad, the target of the players and others who may kneel during the national anthem. today kicks off black history month, celebrating the occasion a high school in vermont raised a black lives matter at flag with full participation of school administrators and state legislators. students at montpelier high school took turns raising the flag. >> it's remarkable to be able to watch this student power to do something that is so critical and important for being sure that we do have inclusive education in the state of vermont. >> we are reminded that all lives matter but people to forget in our culture that black lives matter. >> vermont has a way of leading the charge, i am so proud of the kids and the faculty here in the school board. >> shannon: in san jose, the city council voted to remove the statue of christopher columbus from city hall. six weeks to remove the statue or going into storage. they say columbus is a symbol of european genocide. back in the spotlight tonight, you will remember the agency targeting the conservative group during the obama administration, tonight there is closure for at least one of their groups hold together. a little to the left. 1, 2, 3, push! easy! easy! easy! (horn honking) alright! alright! we've all got places to go! we've all got places to go! washington crossing the delaware turnpike? surprising. what's not surprising? how much money sean saved by switching to geico. big man with a horn. fifteen minutes could save you fifteen percent or more. >> shannon: more on the memo that could be released tomorrow, the president hasn't made as to make decision just yet. a senior political writer for u.s. news & world report, this has gotten so political on both sides, we have had statements from the fbi pushing back and accusations, how do you think this ultimately ends? is there a good ending, and a good scenario? >> there's probably not a good ending at this point but i think ultimately we have been forced from the politics involved that this is going to come out. if it doesn't come out voluntarily, it will probably be leaked. most of this information comes out eventually and i think republicans want to do it on their own terms if the president approves it, if it goes through the proper processes, i would say that the tipping point for the white house is there is some reporting earlier this evening that christopher wray the fbi director could step down over his objections. i think that might make the white house nervous, it might make them pull back because there was some reporting that the chief of staff john kelly met with him to try to foment a compromise because that would be a disaster for the white house if they lost another fbi director. that would be a political maelstrom that they couldn't handle. >> shannon: the director's cut than a tough spot here between the men and women, the rank-and-file, issuing a statement thanking him for standing with them. others within the fbi like we heard from our guests talking about the fact they are embarrassed, they want this cleaned up and they want the transparency to happen, it's a tough place for director wray to be. >> i don't want this to turn into an attack on the fbi, i think it would be wrong for any conservative or anyone on the right to make it an attack on the entire institution, that's not true. we need them for our freedom and our democracy. the fact of the matter is there's suspicion, i think people on both sides of the aisle should want that. i think it's wrong for anyone to say it's an attack against them all. we need to be careful and make sure that we are respecting the institution and holding them accountable. >> shannon: we talked at the beginning of the show, the president is sharing with people these are allegations he is having with people into saying when the memo comes out he feels like it's going to be good for his case that the russia probe -- he never really had a fair shot. he said he's not going to speak with the president on that. paul ryan said that you've got to be really careful not to conflate these two things, he is warning members not to tie the two things together. >> that's a political part, i do think the white house thinks that this will invalidate trumps concerns with the russia probe, that was stacked against him agents at the highest levels working to manipulate the laws. the muller investigation is going to go on, even if this memo comes out and there is outrage about it and people are upset about what occurred. that is not going to stop bob mueller. really the only thing that can stop him is president trump, if he decides to move on him and fire the special counsel which i don't think he's going to do at this point. those have to be two separate things but they are going to be conflated on both sides of the aisle, just watching the comments that have gone on this week. >> shannon: when we get the memo, certainly the results of the russia probe, those will be explosive days with plenty of finger-pointing and accusations going around. thank you for sticking around with us. are you getting ready for the big game this weekend? 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president trump will travel to mar-a-lago for the weekend while vice president pence is expected that speak at a tax cut event. groundhog day. we have six more todd: the classified memo battle intensify even more. >> i believe there are jaw-dropping revelations about the extent to which the fbi and department of justice were weapon eyes to politically. >> what is in there and when will we see it? >> we have to get help from the other side. they talk a good game with daca but don't produce, don't fall into that trap. >> this whole experience has been magical. ♪